216
SEC. 1024. WAR RISK INSURANCE FOR VESSELS IN SUPPORT
OF NATO-APPROVED OPERATIONS.
Section 1205 of the Merchant Marine Act, 1936 (46
App. U.S.C. 1285) is amended by adding at the end the
following:
‘‘(c) INSURANCE OF VESSELS IN SUPPORT OF NATO-
APPROVED OPERATIONS.—(1) Upon request made under
subsection (b), the Secretary may provide insurance for a
vessel, regardless of the country in which the vessel is reg-
istered and the citizenship of its owners, that is supporting
a military operation approved by the North Atlantic Coun-
cil, including a vessel that is not operating under contract
with a department or agency of the United States.
‘‘(2) If a vessel is insured under paragraph (1) in re-
sponse to a request made pursuant to an international
agreement providing for the sharing among nations of the
risks involved in mutual or joint operations, the Secretary
of Transportation, with the concurrence of the Secretary of
State, may seek from another nation that is a party to such
agreement a commitment to indemnify the United States
for any amounts paid by the United States for claims
against such insurance.
‘‘(3) Amounts received by the United States as indem-
nity from a nation pursuant to paragraph (2) shall be de-
posited into the insurance fund created under section 1208.
217
‘‘(4) Any obligation of a department or agency of the
United States to indemnify the Secretary or the insurance
fund for any claim against insurance provided under this
subsection is extinguished to the extent of any indemnifica-
tion received from a nation pursuant to paragraph (2) with
respect to the claim.’’.
SEC. 1025. CONVEYANCE, NAVY DRYDOCK, PORTLAND, OR-
EGON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may sell Navy Drydock No. YFD-69, located in Port-
land, Oregon, to Portland Shipyard, LLC, which is the cur-
rent user of the drydock.
(b) CONDITION
OF CONVEYANCE.—The conveyance
under subsection (a) shall be subject to the condition that
the purchaser agree to retain the drydock on Swan Island
in Portland, Oregon, until at least September 30, 2007.
(c) CONSIDERATION.—As consideration for the convey-
ance of the drydock under subsection (a), the purchaser shall
pay to the Secretary an amount equal to the fair market
value of the drydock at the time of the conveyance, as deter-
mined by the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
218
the Secretary considers appropriate to protect the interests
of the United States.
SEC. 1026. ADDITIONAL WEAPONS OF MASS DESTRUCTION
CIVIL SUPPORT TEAMS.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that the Secretary of Defense should—
(1) establish 23 additional teams designated as
Weapons of Mass Destruction Civil Support Teams
(for a total of 55 such teams); and
(2) ensure that of such 55 teams there is at least
one team established for each State and territory.
(b) STATE AND TERRITORY DEFINED.—In this section,
the term ‘‘State and territory’’ means the several States,
the District of Columbia, Puerto Rico, Guam, and the Vir-
gin Islands.
TITLE XI—CIVILIAN PERSONNEL
MATTERS
SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DEFENSE NON-
APPROPRIATED 
FUND 
EMPLOYEES 
FOR
LONG-TERM CARE INSURANCE.
(a) IN GENERAL.—Section 9001(1) of title 5, United
States Code, is amended—
(1) in subparagraph (B), by striking ‘‘and’’;
(2) in subparagraph (C), by striking the comma
at the end and inserting ‘‘; and’’; and
219
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) an employee of a nonappropriated
fund instrumentality of the Department of De-
fense described in section 2105(c),’’.
(b) DISCRETIONARY AUTHORITY.—Section 9002 of
such title is 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) DISCRETIONARY AUTHORITY REGARDING NON-
APPROPRIATED
FUND
INSTRUMENTALITIES.—The Sec-
retary of Defense may determine that a nonappropriated
fund instrumentality of the Department of Defense is cov-
ered under this chapter or is covered under an alternative
long-term care insurance program.’’.
SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE AU-
THORITY TO MAKE LUMP-SUM SEVERANCE
PAYMENTS.
(a) IN GENERAL.—Section 5595(i)(4) of title 5, United
States Code, is amended by striking ‘‘2003’’ and inserting
‘‘2006’’.
220
(b) REPORT.—Not later than one year after the date
of the enactment of this Act, the President shall submit to
Congress a report including recommendations whether the
authority under section 5595(i) of title 5, United States
Code, should be made permanent or expanded to be made
Governmentwide.
SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STAND-
ARDS FOR DIFFERENTIAL PAYMENTS AS A
CONSEQUENCE OF EXPOSURE TO ASBESTOS.
(a) PREVAILING RATE SYSTEMS.—Section 5343(c)(4)
of title 5, United States Code, is amended by inserting be-
fore the semicolon at the end the following: ‘‘, and for any
hardship or hazard related to asbestos, such differentials
shall be determined by applying occupational safety and
health standards consistent with the permissible exposure
limit promulgated by the Secretary of Labor under the Oc-
cupational Safety and Health Act of 1970’’.
(b) GENERAL
SCHEDULE
PAY
RATES.—Section
5545(d) of such title is amended by inserting before the pe-
riod at the end of the first sentence the following: ‘‘, and
for any hardship or hazard related to asbestos, such dif-
ferentials shall be determined by applying occupational
safety and health standards consistent with the permissible
exposure limit promulgated by the Secretary of Labor under
the Occupational Safety and Health Act of 1970’’.
221
(c) APPLICABILITY.—Subject to any vested constitu-
tional property rights, any administrative or judicial deter-
mination after the date of enactment of this Act concerning
backpay for a differential established under sections
5343(c)(4) or 5545(d) of such title shall be based on occupa-
tional safety and health standards described in the amend-
ments made by subsections (a) and (b).
SEC. 1104. CONTINUATION OF FEDERAL EMPLOYEE HEALTH
BENEFITS PROGRAM ELIGIBILITY.
Paragraph (4)(B) of section 8905a(d) of title 5, United
States Code, is amended—
(1) in clause (i), by striking ‘‘2003’’ and insert-
ing ‘‘2006’’; and
(2) in clause (ii)—
(A) by striking ‘‘2004’’ and inserting
‘‘2007’’; and
(B) by striking ‘‘2003’’ and inserting
‘‘2006’’.
SEC. 1105. TRIENNIAL FULL-SCALE FEDERAL WAGE SYSTEM
WAGE SURVEYS.
Section 5343(b) of title 5, United States Code, is
amended—
(1) in the first sentence, by striking ‘‘2 years’’
and inserting ‘‘3 years’’; and
222
(2) in the second sentence, by striking the period
at the end and inserting ‘‘, based on criteria devel-
oped by the Office.’’.
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EF-
FORTS TO INSPECT AND MONITOR IRAQI
WEAPONS ACTIVITIES.
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS-
CAL YEAR 2003.—The total amount of the assistance for
fiscal year 2003 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 ASSIST-
ANCE.—Subsection (f) of section 1505 of the Weapons of
Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking ‘‘2002’’ and inserting ‘‘2003’’.
SEC. 1202. STRENGTHENING THE DEFENSE OF TAIWAN.
(a) IMPLEMENTATION OF TRAINING PLAN.—Not later
than 180 days after the date of enactment of this Act, the
Secretary of Defense shall implement a comprehensive plan
to conduct joint operational training for, and exchanges of
senior officers between, the Armed Forces of the United
223
States and the military forces of Taiwan. Such plan shall
include implementation of a wide range of programs, ac-
tivities, exercises, and arrangements focused on threat anal-
ysis, military doctrine, force planning, logistical support,
intelligence collection and analysis, operational tactics,
techniques, and procedures, civil-military relations, and
other subjects designed to improve the defensive capabilities
of Taiwan and to enhance interoperability between the
military forces of Taiwan and the Armed Forces of the
United States.
(b) SUBMISSION TO CONGRESS.—At least 30 days be-
fore commencing implementation of the plan described in
subsection (a), the Secretary of Defense shall submit the
plan to Congress, in classified and unclassified form as nec-
essary.
SEC. 1203. ADMINISTRATIVE SERVICES AND SUPPORT FOR
FOREIGN LIAISON OFFICERS.
(a) AUTHORITY.—Subchapter II of chapter 138 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 2350m. Administrative services and support for for-
eign liaison officers
‘‘(a) AUTHORITY TO PROVIDE SERVICES AND SUP-
PORT.—The Secretary of Defense may provide administra-
tive services and support for foreign liaison officers per-
224
forming duties while such officers temporarily are assigned
to components or commands of the armed forces. Such ad-
ministrative services and support may include base or in-
stallation operation support services, office space, utilities,
copying services, fire and police protection, and computer
support. The Secretary may provide such administrative
services and support with or without reimbursement, as the
Secretary considers appropriate.
‘‘(b) EXPIRATION
OF
AUTHORITY.—The authority
under this section shall expire on September 30, 2005.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by adding at
the end the following new item:
‘‘2350m. Administrative services and support for foreign liaison officers.’’.
(c) REPORT.—Not later than March 1, 2005, the Sec-
retary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
report describing, as of the date of submission of the
report—
(1) the number of foreign liaison officers for
which support has been provided under section 2350m
of title 10, United States Code (as added by sub-
section (a));
(2) the countries from which such foreign liaison
officers are or were assigned;
225
(3) the type of support provided, the duration for
which the support was provided, and the reasons the
support was provided; and
(4) the costs to the Department of Defense and
the United States of providing such support.
SEC. 1204. ADDITIONAL COUNTRIES COVERED BY LOAN
GUARANTEE PROGRAM.
Section 2540 of title 10, United States Code, is
amended—
(1) in subsection (b), by adding at the end the
following new paragraph:
‘‘(5) A country that, as determined by the Sec-
retary of Defense in consultation with the Secretary
of State, assists in combatting drug trafficking orga-
nizations or foreign terrorist organizations.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(d) REPORT.—The Secretary of Defense and the Sec-
retary of State, whenever the Secretaries consider such ac-
tion to be warranted, shall jointly submit to the Committees
on Armed Services and Foreign Relations of the Senate and
the Committees on Armed Services and International Rela-
tions of the House of Representatives a report enumerating
those countries to be added or removed under subsection
(b).’’.
226
SEC. 1205. LIMITATION ON FUNDING FOR JOINT DATA EX-
CHANGE CENTER IN MOSCOW.
(a) LIMITATION.—Not more than 50 percent of the
funds made available to the Department of Defense for fiscal
year 2003 for activities associated with the Joint Data Ex-
change Center in Moscow, Russia, may be obligated or ex-
pended for any such activity until—
(1) the United States and the Russian Federa-
tion 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 Federa-
tion 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 Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representa-
tives a copy of each agreement referred to in para-
graphs (1) and (2); and
(4) a period of 30 days has expired after the date
of the final submission under paragraph (3).
227
(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-Rus-
sian Federation memorandum of agreement signed in Mos-
cow in June 2000.
SEC. 1206. LIMITATION ON NUMBER OF MILITARY PER-
SONNEL IN COLOMBIA.
(a) LIMITATION.—None of the funds available to the
Department of Defense may be used to support or maintain
more than 500 members of the Armed Forces on duty in
the Republic of Colombia at any time.
(b) EXCEPTIONS.—There shall be excluded from count-
ing for the purposes of the limitation in subsection (a) the
following:
(1) A member of the Armed Forces in the Repub-
lic of Colombia for the purpose of rescuing or retriev-
ing United States military or civilian Government
personnel, except that the period for which such a
member may be so excluded may not exceed 30 days
unless expressly authorized by law.
(2) A member of the Armed Forces assigned to
the United States Embassy in Colombia as an
228
attache´, as a member of the security assistance office,
or as a member of the Marine Corps security contin-
gent.
(3) A member of the Armed Forces in Colombia
to participate in relief efforts in responding to a nat-
ural disaster.
(4) Nonoperational transient military personnel.
(5) A member of the Armed Forces making a
port call from a military vessel in Colombia.
(c) WAIVER.—The Secretary of Defense may waive the
limitation in subsection (a) if he determines that such waiv-
er is in the national security interest.
(d) NOTIFICATION.—The Secretary shall notify the
congressional defense committees not later 15 days after the
date of the exercise of the waiver authority under subsection
(c).
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Coop-
erative Threat Reduction programs are the programs speci-
229
fied in section 1501(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2003 COOPERATIVE THREAT REDUC-
TION FUNDS DEFINED.—As used in this title, the term ‘‘fis-
cal year 2003 Cooperative Threat Reduction funds’’ means
the funds appropriated pursuant to the authorization of ap-
propriations in section 301 for Cooperative Threat Reduc-
tion 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
$416,700,000 authorized to be appropriated to the Depart-
ment of Defense for fiscal year 2003 in section 301(23) for
Cooperative Threat Reduction programs, the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $70,500,000.
(2) For strategic nuclear arms elimination in
Ukraine, $6,500,000.
(3) For nuclear weapons transportation security
in Russia, $19,700,000.
230
(4) For nuclear weapons storage security in Rus-
sia, $39,900,000.
(5) For activities designated as Other Assess-
ments/Administrative Support, $14,700,000.
(6) 
For 
defense 
and 
military 
contacts,
$18,900,000.
(7) For weapons of mass destruction infrastruc-
ture elimination activities in Kazakhstan, $9,000,000.
(8) For weapons of mass destruction infrastruc-
ture elimination activities in Ukraine, $8,800,000.
(9) For chemical weapons destruction in Russia,
$50,000,000.
(10) For biological weapons facility dismantle-
ment in the States of the former Soviet Union
$11,500,000.
(11) For biological weapons facility security and
safety in the States of the former Soviet Union,
$34,800,000.–
(12) For biological weapons collaborative re-
search in the States of the former Soviet Union,
$8,700,000.
(13) For personnel reliability programs in Rus-
sia, $100,000.
231
(14) For weapons of mass destruction prolifera-
tion prevention in the States of the former Soviet
Union, $40,000,000.
(b) ADDITIONAL FUNDS AUTHORIZED FOR CERTAIN
PURPOSES.—Of the funds authorized to be appropriated to
the Department of Defense for fiscal year 2003 in section
301(23) for Cooperative Threat Reduction programs,
$83,600,000 may be obligated for any of the purposes speci-
fied in paragraphs (1) through (4) and (9) of subsection
(a) in addition to the amounts specifically authorized in
such paragraphs.
(c) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2003 Coop-
erative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (14) 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 ex-
pended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year
2003 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifi-
cally prohibited under this title or any other provision of
law.
232
(d) 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 2003 for
a purpose listed in any of the paragraphs in subsection (a)
in excess of the amount specifically authorized for such pur-
pose (including amounts authorized under subsection (b)).
(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 notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for the purposes
stated any of paragraphs (5) through (13) of subsection (a)
in excess of 115 percent of the amount specifically author-
ized for such purposes.
233
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL
SUBMISSION OF REPORTS.
No fiscal year 2003 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 2002 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 update for the multiyear plan required to
be submitted for fiscal year 2001 under section 1205
of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 22 U.S.C. 5952
note).
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY
ACTIVITIES CARRIED OUT UNDER COOPERA-
TIVE THREAT REDUCTION PROGRAMS.
Section 1308(c) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 114 Stat. 1654A–341)
is amended by inserting at the end the following new para-
graph:
‘‘(6) To the maximum extent practicable, a de-
scription of how revenue generated by activities car-
ried out under Cooperative Threat Reduction pro-
234
grams in recipient States is being utilized, monitored,
and accounted for.’’.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SEC-
OND WING OF FISSILE MATERIAL STORAGE
FACILITY.
No funds authorized to be appropriated for Coopera-
tive Threat Reduction programs for any fiscal year may
be used for the design, planning, or construction of a second
wing for a storage facility for Russian fissile material.
SEC. 1306. SENSE OF CONGRESS AND REPORT REQUIRE-
MENT REGARDING RUSSIAN PROLIFERATION
TO IRAN.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) Russian proliferation to Iran constitutes a
clear threat to the national security and vital inter-
ests of the United States and undermines the purpose
and goals of Cooperative Threat Reduction programs;
(2) such proliferation consists primarily of nu-
clear and missile technology, goods, and know-how,
and dual-use items that could contribute to the devel-
opment of weapons of mass destruction and ballistic
missiles;
(3) because of ongoing Russian assistance, the
intelligence community estimates that Iran could at-
235
tempt to launch an intercontinental ballistic missile
by 2005, and could possess a nuclear weapon by 2010;
(4) Russian proliferation is providing Iran with
the capability to strike United States military forces,
interests, allies, and friends in the region with weap-
ons-of-mass-destruction-tipped ballistic missiles;
(5) the issue of Russian proliferation to Iran has
been raised by United States officials at the highest
levels of the Russian Government;
(6) Iran has long been identified as a State
sponsor of terrorism by the United States because of
its support of foreign terrorist organizations, and the
combination of terrorist organizations and weapons of
mass destruction constitutes a grave threat to the na-
tional security of the United States;
(7) Russian proliferation to Iran raises serious
questions regarding the intentions of the Russian
Government, and its commitment to nonproliferation
and improved relations with the United States;
(8) Russian proliferation to Iran could under-
mine Congressional support for Cooperative Threat
Reduction programs; and
(9) the President must safeguard United States
national security and demonstrate United States re-
solve and commitment to stopping the proliferation of
236
weapons of mass destruction and ballistic missiles
through clear, firm, and coherent policies and strate-
gies that employ the full range of diplomatic and eco-
nomic tools at his disposal, both positive and nega-
tive, to halt the serious and continuing problem of
Russian proliferation.
(b) REPORT.—Not later than March 15 of 2003
through 2009, the President shall submit to Congress a re-
port (in unclassified and classified form as necessary) de-
scribing in detail Russian proliferation of weapons of mass
destruction and ballistic missile goods, technology, and
know-how, and of dual-use items that may contribute to the
development of weapons of mass destruction and ballistic
missiles, to Iran and to other countries during the year pre-
ceding the year in which the report is submitted. The report
shall include—
(1) a net assessment prepared by the Office of
Net Assessment of the Department of Defense; and
(2) a detailed description of the following:
(A) The number, type, and quality of direct
and dual-use weapons of mass destruction and
ballistic missile goods, items, and technology
being transferred.
(B) The form, location, and manner in
which such transfers take place.
237
(C) The contribution that such transfers
could make to the recipient States’ weapons of
mass destruction and ballistic missile programs,
and how soon such States will test, possess, and
deploy weapons of mass destruction and ballistic
missiles.
(D) The impact that such transfers have, or
could have, on United States national security,
on regional friends, allies, and interests, and on
United States military forces deployed in the re-
gion to which such transfers are being made.
(E) The actions being taken by the United
States to counter and defend against capabilities
developed by the recipient States as a result of
such transfers.
(F) The strategy, plan, or policy incor-
porating the full range of policy tools available
that the President intends to employ to halt Rus-
sian proliferation, the rationale for employing
such tools, and the timeline by which the Presi-
dent expects to see material progress in ending
Russian proliferation of direct and dual-use
weapons of mass destruction and missile goods,
technologies, and know-how.
238
SEC. 1307. PROHIBITION AGAINST USE OF COOPERATIVE
THREAT REDUCTION FUNDS OUTSIDE THE
STATES OF THE FORMER SOVIET UNION.
No Cooperative Threat Reduction funds authorized or
appropriated for any fiscal year may be used for threat
reduction projects, programs, or activities in countries other
than the States of the former Soviet Union.
SEC. 1308. LIMITED WAIVER OF RESTRICTION ON USE OF
FUNDS.
(a) WAIVER AUTHORITY.—(1) The restriction de-
scribed in subsection (d)(5) of section 1203 of the National
Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 107 Stat. 1779; 22 U.S.C. 5952) shall not
apply with respect to United States assistance to Russia
if the President submits to Congress a written certification
that waiving the restriction is important to the national
security interests of the United States.
(2) The authority under paragraph (1) shall expire on
December 31, 2005.
(b) REPORT.—Not later than 30 days after the date
that the President applies the waiver authority under sub-
section (a), the President shall submit to Congress a report
(in classified and unclassified form as necessary)
describing—
(1) the arms control agreements with which Rus-
sia is not committed to complying, the form or forms
239
of noncommittal, and detailed evidence of such non-
committal;
(2) why use of the waiver of authority was im-
portant to protect national security interests; and
(3) a strategy, plan, or policy incorporating the
full range of policy tools available to the President for
promoting Russian commitment to, and compliance
with, all relevant arms control agreements.
SEC. 1309. LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF REPORT ON DEFENSE AND MILITARY
CONTACTS ACTIVITIES.
Not more than 50 percent of fiscal year 2003 Coopera-
tive Threat Reduction Funds may be obligated or expended
for defense and military contacts activities until the Sec-
retary of Defense submits to Congress a report describing
in detail the operation and success of such activities carried
out under Cooperative Threat Reduction programs during
fiscal years 2001 and 2002. Such report shall include a de-
scription of—
(1) the amounts obligated or expended for such
activities;
(2) the purposes, goals, and objectives for which
such amounts were obligated and expended;
240
(3) a description of the activities carried out, in-
cluding the forms of assistance provided, and the jus-
tification for each form of assistance provided;
(4) the success of each activity, including the
goals and objectives achieved for each;
(5) a description of participation by private sec-
tor entities in the United States in carrying out such
activities, and the participation of any other Federal
department or agency in such activities; and
(6) any other information that the Secretary
considers relevant to provide a complete description of
the operation and success of activities carried out
under Cooperative Threat Reduction programs.
TITLE XIV—UTAH TEST AND
TRAINING RANGE
SEC. 1401. DEFINITION OF UTAH TEST AND TRAINING
RANGE.
In this title, the term ‘‘Utah Test and Training
Range’’ means those portions of the military operating area
of the Utah Test and Training Area located solely in the
State of Utah. The term includes the Dugway Proving
Ground.
SEC. 1402. MILITARY OPERATIONS AND OVERFLIGHTS AT
UTAH TEST AND TRAINING RANGE.
(a) FINDINGS.—The Congress finds the following:
241
(1) The testing and development of military
weapons systems and the training of military forces
are critical to ensuring the national security of the
United States.
(2) The Utah Test and Training Range is a
unique and irreplaceable national asset at the core of
the test and training mission of the Department of
Defense.
(3) Areas designated as wilderness study areas
are located near lands withdrawn for military use
and are beneath special use airspace critical to the
support of military test and training missions at the
Utah Test and Training Range.
(4) Continued unrestricted access to the special
use airspace and lands that comprise the Utah Test
and Training Range is a national security priority
and is not incompatible with the protection and prop-
er management of the natural, environmental, cul-
tural, and other resources of such lands.
(b) OVERFLIGHTS.—(1) Nothing in this title, the Wil-
derness Act (16 U.S.C. 1131 et seq.), or other land manage-
ment laws generally applicable to federally designated wil-
derness areas or wilderness study areas in the Utah Test
and Training Range shall restrict or preclude low-level
overflights, low-level military overflights and operations of
242
military aircraft, helicopters, unmanned aerial vehicles,
military overflights or military overflights and operations
that can be seen or heard within those areas.
(2) Paragraph (1) precludes any restriction regarding
altitude or airspeed, noise level, supersonic flight, route of
flight, time of flight, seasonal usage, or numbers of flights
of any military aircraft, helicopters, unmanned aerial vehi-
cles, missiles, aerospace vehicles, and other military weap-
ons systems over federally designated wilderness areas or
wilderness study areas in the Utah Test and Training
Range.
(3) In this subsection, the term ‘‘low-level’’ includes
any flight down to and including 10 feet above ground level.
(c) SPECIAL USE AIRSPACE AND TRAINING ROUTES.—
Nothing in this title, the Wilderness Act, or other land man-
agement laws generally applicable to federally designated
wilderness areas or wilderness study areas in the Utah Test
and Training Range shall restrict or preclude the designa-
tion of new units of special use airspace, the expansion of
existing units of special use airspace, or the use or establish-
ment of military training routes over federally designated
wilderness areas or wilderness study areas in the Utah Test
and Training Range.
(d) COMMUNICATIONS
AND TRACKING SYSTEMS.—
Nothing in this title, the Wilderness Act, or other land man-
243
agement laws generally applicable to federally designated
wilderness areas or wilderness study areas in the Utah Test
and Training Range shall be construed to require the re-
moval of existing communications, instrumentation, or elec-
tronic tracking systems from these areas, to prevent any
required maintenance of such systems, or to prevent the in-
stallation of new communication, instrumentation, or other
equipment necessary for effective testing and training to
meet military requirements so long as the installation and
maintenance of such systems do not require construction of
any permanent roads in any federally designated wilder-
ness area or wilderness study area.
(e) EMERGENCY ACCESS AND RESPONSE.—(1) Noth-
ing in this title, the Wilderness Act, or other land manage-
ment laws generally applicable to federally designated wil-
derness areas or wilderness study areas in the Utah Test
and Training Range shall restrict or preclude timely access
to any area necessary to respond to emergency situations.
Immediate access, including access for emergency and res-
cue vehicles and equipment, shall not be restricted if human
life or health may be in jeopardy.
(2) Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of the Air Force and the
Secretary of Interior shall enter into a memorandum of un-
derstanding providing formal procedures for access to the
244
federally designated wilderness areas or wilderness study
areas that are located beneath airspace of the Utah Test
and Training Range, which may be necessary to respond
to emergency situations, to rescue downed aircrew members,
to investigate accident locations, to recover military air-
craft or other weapons systems, and to restore accident loca-
tions. Military operations in the Utah Test and Training
Range shall not be limited or restricted in any way pending
completion of the memorandum of understanding.
(f) CONTROL OR RESTRICTION OF PUBLIC ACCESS.—
(1) When required by national security or public safety,
public access to federally designated wilderness areas or wil-
derness study areas in the Utah Test and Training Range
that are located beneath airspace designated as special use
airspace may be controlled, restricted, or prohibited en-
tirely. Such controls, restrictions, or prohibitions shall re-
main in force for the minimum duration necessary. The
Secretary of the Air Force shall provide advance notice of
such controls, restrictions, or prohibitions to the Secretary
of the Interior.
(2) Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of the Air Force and the
Secretary of Interior shall enter into a memorandum of un-
derstanding prescribing procedures for implementing access
controls, restrictions, or prohibitions. Military operations
245
in the Utah Test and Training Range shall not be limited
or restricted in any way pending completion of the memo-
randum of understanding.
SEC. 1403. DESIGNATION AND MANAGEMENT OF LANDS IN
UTAH TEST AND TRAINING RANGE.
(a) DESIGNATION.—The following Federal lands that
are in the Utah Test and Training Range are hereby des-
ignated as wilderness:
(1) Those lands that were managed pursuant to
the nonimpairment standard set forth in section
603(c) of Public Law 94–579 (43 U.S.C. 1782(c)) on
or before January 1, 1991.
(2) Those lands that were acquired by the United
States through donation, exchange, or other method of
acquisition and—
(A) are located entirely within the areas
identified in paragraph (1); or
(B) are located within a logical extension of
the boundaries of the areas identified in para-
graph (1).
(b) PLANNING PROCESS
FOR FEDERAL LANDS
IN
UTAH TEST AND TRAINING RANGE.—(1) The Secretary of
the Interior shall not continue the plan amendment process
initiated pursuant to section 202 of Public Law 94–579 (43
U.S.C. 1712) and published in the Federal Register on
246
March 18, 1999 (64 Fed. Reg. 13439), for Federal lands
located in the Utah Test and Training Range.
(2) The Secretary of the Interior shall not develop,
maintain, or revise land use plans pursuant to section 202
of Public Law 94–579 (43 U.S.C. 1712) for Federal lands
located in the Utah Test and Training Range without the
prior concurrence of the Secretary of the Air Force and the
Commander-in-Chief of the military forces of the State of
Utah.
(c) WITHDRAWAL.—Subject to valid existing rights,
the Federal lands in the areas designated as wilderness by
this title are hereby withdrawn from all forms of entry, ap-
propriation, or disposal under the public land laws, from
location, entry, and patent under the United States mining
laws, and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials,
and all amendments to such laws.
(d) WATER.—Nothing in this title or any action taken
pursuant to this title shall constitute an express or implied
reservation of surface or groundwater by any person, in-
cluding the United States. Nothing in this title affects any
valid existing water rights in existence before the date of
the enactment of this Act, including any water rights held
by the United States. If the United States determines that
additional water resources are needed for the purposes of
247
this title, the United States shall acquire such rights in ac-
cordance with the water laws of the State of Utah.
(e) MAP AND DESCRIPTION.—(1) As soon as prac-
ticable after the date of the enactment of this title, the Sec-
retary of Interior shall transmit a map and legal descrip-
tion of the areas designated as wilderness by this title to
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of
the Senate.
(2) The map and legal description shall have the same
force and effect as if included in this title, except that the
Secretary of Interior may correct clerical and typo-
graphical errors in the map and legal description.
(3) The map and legal description shall be on file and
available for public inspection in the office of the Director
of the Bureau of Land Management and the office of the
State Director of the Bureau of Land Management in the
State of Utah.
(f) ADMINISTRATION.—(1) Subject to valid existing
rights and this title, the areas designated as wilderness in
this title shall be administered by the Secretary of Interior
in accordance with the provisions of the Wilderness Act, ex-
cept that any reference in such provisions to the effective
date of the Wilderness Act (or any similar reference) shall
248
be deemed to be a reference to the date of the enactment
of this Act.
(2) Any lands or interest in lands within the bound-
aries of an area designated as wilderness by this title that
is acquired by the United States after the date of the enact-
ment of this Act shall be added to and administered as part
of the wilderness area within which the acquired lands or
interest in lands are located.
(3) The Secretary of the Interior may offer to acquire
lands and interest in lands located within the areas des-
ignated as wilderness by this title. Such lands may be ac-
quired at fair market value under this subsection by pur-
chase from willing sellers, by exchange for lands of approxi-
mately equal value, or by donation.
(4) In furtherance of the purposes and principles of
the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to
support such populations may be carried out within the
areas designated as wilderness by this title where consistent
with relevant wilderness management plans, in accordance
with appropriate policies and guidelines such as those set
forth in appendix B of the Report of the Committee on Inte-
rior and Insular Affairs to accompany H.R. 2570 of the
101st Congress (H. Rept. 101–405).
249
(5) Within the areas designated as wilderness by this
title, the grazing of livestock, where established before the
date of the enactment of this Act, shall be permitted to con-
tinue subject to such reasonable regulations, policies, and
practices as the Secretary of the Interior considers nec-
essary, as long as such regulations, policies, and practices
fully conform with and implement the intent of Congress
regarding grazing in such areas, as such intent is expressed
in the Wilderness Act, section 101(f) of Public Law 101–
628, and House Report 101–405, Appendix A.
(6) Congress does not intend for the designation of the
wilderness in this title to lead to the creation of protective
perimeters or buffer zones around any area designated as
wilderness by this title. The fact that nonwilderness activi-
ties or uses can be seen or heard within the areas designated
as wilderness by this title shall not, of itself, preclude such
activities or uses up to the boundary of that wilderness.
(7) Until completion of a full revision of the Pony Ex-
press Area Resource Management Plan, dated January 12,
1990, by the Salt Lake Field Office of the Bureau of Land
Management, the Secretary of Interior shall not grant or
issue any authorizations pursuant to section 501(a)(6) of
Public Law 94–579 (43 U.S.C. 1761(a)(6)) upon Federal
lands identified as inventory units UTU-020-088, UTU-
020-095, UTU-020-096, and UTU-020-100, as generally de-
250
picted on the map entitled ‘‘Wilderness Inventory, State of
Utah’’, dated August 1979.
SEC. 1404. DESIGNATION OF PILOT RANGE WILDERNESS.
Certain Federal lands in Box Elder County, Utah, as
generally depicted on the map entitled ‘‘Pilot Range Wilder-
ness’’, and dated October 1, 2001, are hereby designated as
wilderness, and shall be known as the Pilot Range Wilder-
ness Area.
SEC. 1405. DESIGNATION OF CEDAR MOUNTAIN WILDER-
NESS.
Certain Federal lands in Tooele County, Utah, as gen-
erally depicted on the map entitled ‘‘Cedar Mountain Wil-
derness’’, and dated May 1, 2002, are hereby designated as
wilderness, and shall be known as the Cedar Mountain Wil-
derness Area.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2003’’.
251
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(1), the Secretary of the Army may ac-
quire 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:
Army: Inside the United States
State
Installation or location
Amount
Alabama ...........................
Anniston Army Depot .........................
$1,900,000
Fort Rucker ..........................................
$3,050,000
Redstone Arsenal ..................................
$1,950,000
Alaska ...............................
Fort Wainwright ..................................
$111,010,000
Arizona .............................
Fort Huachuca .....................................
$10,400,000
Yuma Proving Ground ........................
$4,500,000
Arkansas ...........................
Pine Bluff Arsenal ...............................
$18,937,000
California .........................
Monterey Defense Language Institute
$1,500,000
Colorado ...........................
Fort Carson ..........................................
$5,350,000
District of Columbia ........
Walter Reed Army Medical Center .....
$9,950,000
Georgia .............................
Fort Benning ........................................
$74,250,000
Fort Stewart/Hunter Army Air Field
$26,000,000
Hawaii .............................
Schofield Barracks ...............................
$191,000,000
Kansas ..............................
Fort Leavenworth .................................
$3,150,000
Fort Riley .............................................
$51,950,000
Kentucky ..........................
Blue Grass Army Depot ......................
$5,500,000
Fort Campbell ......................................
$106,300,000
Louisiana .........................
Fort Polk ...............................................
$31,000,000
Maryland ..........................
Fort Detrick ..........................................
$22,500,000
Massachusetts ...................
Natick Research Development and
Engineering Center ..........................
$4,100,000
Missouri ............................
Fort Leonard Wood ..............................
$15,500,000
New Jersey .......................
Picatinny Arsenal ................................
$7,500,000
New York ..........................
Fort Drum ............................................
$18,300,000
North Carolina .................
Fort Bragg ............................................
$94,900,000
Pennsylvania ...................
Letterkenny Army Depot .....................
$1,550,000
Texas .................................
Fort Bliss ..............................................
$10,200,000
Fort Hood .............................................
$85,000,000
Virginia ............................
Fort Lee ................................................
$5,200,000
Washington .......................
Fort Lewis ............................................
$53,800,000
Total .............................................
$976,247,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
252
tions in section 2104(a)(2), the Secretary of the Army 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:
Army: Outside the United States
Country
Installation or location
Amount
Belgium ....................................
Supreme Headquarters, Allied Pow-
ers Europe .......................................
$13,600,000
Germany ..................................
Area Support Group, Bamberg .........
$17,200,000
Campbell Barracks .............................
$8,300,000
Coleman Barracks ..............................
$1,350,000
Darmstadt ...........................................
$3,500,000
Grafenwoehr ........................................
$69,866,000
Landstuhl ............................................
$2,400,000
Mannheim ...........................................
$42,000,000
Schweinfurt .........................................
$2,000,000
Italy .........................................
Vicenza ................................................
$34,700,000
Korea ........................................
Camp Carroll ......................................
$20,000,000
Camp Castle ........................................
$6,800,000
Camp Hovey .......................................
$25,000,000
Camp Humphreys ..............................
$36,000,000
Camp Henry .......................................
$10,000,000
K16 Airfield ........................................
$40,000,000
Yongsan ...............................................
$12,600,000
Total ....................................................
$345,316,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts
appropriated pursuant to the authorization of appropria-
tions 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 ...........
Unspecified Worldwide .......................
$4,000,000
253
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the
installations, for the purposes, and in the amounts set forth
in the following table:
Army: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
Alaska ..............................
Fort Wainwright ............
38 Units ...........
$17,752,000
Arizona ............................
Yuma Proving Ground ..
33 Units ...........
$6,100,000
Germany .........................
Stuttgart .........................
1 Unit ...............
$990,000
Korea ...............................
Yongsan ..........................
10 Units ...........
$3,100,000
Total: ......................
$27,942,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated 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 im-
provement of family housing units in an amount not to
exceed $15,653,000.
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 author-
ization of appropriations in section 2104(a)(6)(A), the Sec-
254
retary of the Army may improve existing military family
housing units in an amount not to exceed $234,831,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Army in the total amount of $2,935,609,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2101(a),
$803,247,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2101(b),
$345,316,000.
(3) For military construction projects at unspec-
ified worldwide locations authorized by section
2101(c), $4,000,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $21,550,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $158,796,000.
(6) For military family housing functions:
255
(A) For construction and acquisition, plan-
ning and design and improvement of military
family housing and facilities, $278,426,000.
(B) For support of military family housing
(including the functions described in section
2833 
of 
title 
10, 
United 
States 
Code),
$1,122,274,000.
(7) For the construction of phase 3 of a barracks
complex, Butner Road, at Fort Bragg, North Caro-
lina, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2001
(division 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–
389), $50,000,000.
(8) For the construction of phase 2 of a barracks
complex, D Street, at Fort Richardson, Alaska, au-
thorized by section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1280),
$21,000,000.
(9) For the construction of phase 2 of a barracks
complex, Nelson Boulevard, at Fort Carson, Colorado,
authorized by section 2101(a) of the Military Con-
struction Authorization Act for Fiscal Year 2002 (di-
256
vision B of Public Law 107–107; 115 Stat. 1280), as
amended by section 2105 of this Act, $42,000,000.
(10) For the construction of phase 2 of a basic
combat trainee complex at Fort Jackson, South Caro-
lina, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107–107; 115 Stat. 1280),
as amended by section 2105 of this Act, $39,000,000.
(11) For the construction of phase 2 of a bar-
racks complex, 17th and B Streets at Fort Lewis,
Washington, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115
Stat. 1280), $50,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized 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 appro-
priated under paragraphs (1), (2), and (3) of sub-
section (a);
(2) $18,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
257
barracks complex, Main Post, at Fort Benning, Geor-
gia);
(3) $100,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
barracks complex, Capron Avenue, at Schofield Bar-
racks, Hawaii);
(4) $50,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
barracks complex, Range Road, at Fort Campbell,
Kentucky); and
(5) $5,000,000 (the balance of the amount au-
thorized under section 2101(a) for a military con-
struction project at Fort Bliss, Texas).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (11) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $13,676,000,
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.
258
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2002 PROJECTS.
(a) MODIFICATION.—The table in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107-107; 115 Stat. 1281)
is amended—
(1) in the item relating to Fort Carson, Colo-
rado, by striking ‘‘$66,000,000’’ in the amount col-
umn and inserting ‘‘$67,000,000’’; and
(2) in the item relating to Fort Jackson, South
Carolina, by striking ‘‘$65,650,000’’ in the amount
column and inserting ‘‘$68,650,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104(b) of
that Act (115 Stat. 1284) is amended—
(1) in paragraph (3), by striking ‘‘$41,000,000’’
and inserting ‘‘$42,000,000’’; and
(2) in paragraph (4), by striking ‘‘$36,000,000’’
and inserting ‘‘$39,000,000’’.
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2204(a)(1), the Secretary of the Navy may ac-
quire real property and carry out military construction
259
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona .............................
Marine Corps Air Station, Yuma .............
$3,000,000
California .........................
Auxiliary Landing Field, San Diego
(San Clemente Island) ...........................
$6,150,000
Marine Corps Air-Ground Combat Center,
Twentynine Palms ..................................
$40,870,000
Marine Corps Air Station, Camp Pen-
dleton .......................................................
$31,930,000
Marine Corps Air Station, Miramar ........
$12,210,000
Marine Corps Base, Camp Pendleton .......
$64,040,000
Marine Corps Logistics Base, Barstow .....
$4,450,000
Naval Air Station, Lemoore ......................
$35,855,000
Naval Air Warfare Center, Point Mugu,
San Nicholas Island ...............................
$6,760,000
Naval Air Weapons Station, China Lake
$10,100,000
Naval Post Graduate School, Monterey ....
$9,020,000
Naval Station, San Diego ..........................
$12,210,000
Connecticut ......................
Naval Submarine Base, New London .......
$7,880,000
District of Columbia .......
Marine Corps Barracks ..............................
$3,700,000
Naval District, Washington .......................
$2,690,000
Florida ..............................
Naval Air Base, Jacksonville .....................
$13,342,000
Naval Air Station, Pensacola ....................
$990,000
Naval School Explosive Ordinance De-
tachment, Eglin ......................................
$6,350,000
Naval Station, Mayport .............................
$1,900,000
Whiting Field ..............................................
$1,780,000
Georgia .............................
Naval Submarine Base, Kings Bay ..........
$1,580,000
Hawaii .............................
Naval Shipyard, Pearl Harbor .................
$18,500,000
Naval Station, Pearl Harbor .....................
$14,690,000
Illinois ..............................
Naval Training Center, Great Lakes ........
$93,190,000
Indiana .............................
Crane Naval Surface Weapons Station ....
$11,610,000
Maine ................................
Naval Shipyard, Kittery-Portsmouth .......
$15,200,000
Maryland ..........................
Naval Air Facility, Andrews Air Force
Base .........................................................
$9,680,000
United States Naval Academy ...................
$1,800,000
Mississippi .......................
Naval Air Station, Meridian .....................
$2,850,000
Naval Construction Battalion Center,
Gulfport ...................................................
$5,460,000
Naval Station, Pascagoula .........................
$16,160,000
Nevada ..............................
Naval Air Station, Fallon .........................
$4,010,000
New Jersey .......................
Naval Weapons Center, Lakehurst ............
$5,200,000
Naval Weapons Station Earle, Colts Neck
$5,600,000
North Carolina ................
Marine Corps Air Station, Cherry Point
$10,470,000
Marine Corps Air Station, New River .....
$6,920,000
Marine Corps Base, Camp Lejeune ...........
$9,570,000
Rhode Island ....................
Naval Station, Newport .............................
$6,870,000
South Carolina ................
Marine Corps Air Station, Beaufort .........
$13,700,000
Marine Corps Recruit Depot, Parris Is-
land ..........................................................
$10,490,000
Naval Weapons Station, Charlestown .......
$5,740,000
Texas .................................
Naval Air Station, Corpus Christi ...........
$7,150,000
Naval Air Station Joint Reserve Base,
Fort Worth ..............................................
$8,850,000
Naval Air Station, Kingsville ....................
$6,210,000
Virginia ............................
Dam Neck Fleet Combat Training Center,
Atlantic ....................................................
$3,900,000
Little Creek Naval Amphibious Base ........
$9,770,000
Marine Corps Combat Development Com-
mand, Quantico ......................................
$24,864,000
260
Navy: Inside the United States—Continued
State
Installation or location
Amount
Naval Air Station Oceana .........................
$16,490,000
Naval Shipyard, Norfolk, Portsmouth ......
$19,660,000
Naval Station, Norfolk ...............................
$171,505,000
Naval Surface Warfare Center, Dahlgren
$15,830,000
Naval Weapons Station, Yorktown ...........
$15,020,000
Washington ......................
Naval Air Station, Whidbey Island ..........
$17,580,000
Keyport Naval Undersea Warfare Com-
mand ........................................................
$10,500,000
Naval Magazine, Indian Island ................
$4,030,000
Naval Station, Bremerton ..........................
$45,870,000
Naval Submarine Base, Bangor ................
$22,310,000
Puget Sound Naval Shipyard, Bremerton
$57,132,000
Strategic Weapons Facility, Bangor .........
$7,340,000
Various Locations ............
Host Nation Infrastructure ........................
$1,000,000
Total ....................................................
$1,009,528,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions 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
Bahrain ............................
Naval Support Activity, Bahrain ...............
$25,970,000
Diego Garcia ....................
Diego Garcia, Naval Support Facility .......
$11,090,000
Greece ................................
Naval Support Activity, Joint Head-
quarters Command, Larissa ....................
$14,800,000
Guam ................................
Commander, United States Naval Forces,
Guam .........................................................
$13,400,000
Iceland ..............................
Naval Air Station, Keflavik ........................
$14,920,000
Italy ..................................
Naval Air Station, Sigonella .......................
$55,660,000
Total ......................................................
$135,840,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(5)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
261
cluding land acquisition and supporting facilities) at the
installations, for the purposes, and in the amounts set forth
in the following table:
Navy: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
California ..................
Naval Air Station,
Lemoore .......................
178 Units .........
$40,981,000
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine Palms
76 Units ...........
$19,425,000
Connecticut ................
Naval Submarine Base,
New London ................
100 Units .........
$24,415,000
Florida .......................
Naval Station, Mayport
1 Unit ...............
$329,000
Hawaii ......................
Marine Corps Base,
Kaneohe Bay ..............
65 Units ...........
$24,797,000
Maine .........................
Naval Air Station,
Brunswick ...................
26 Units ...........
$5,800,000
Mississippi ................
Naval Air Station, Me-
ridian ..........................
56 Units ...........
$9,755,000
North Carolina ..........
Marine Corps Base,
Camp LeJeune ............
317 Units .........
$43,650,000
Virginia .....................
Marine Corps Base,
Quantico ......................
290 Units .........
$41,843,000
United Kingdom ......
Joint Maritime Facility,
St. Mawgan ................
62 Units ...........
$18,524,000
Total .........
$229,519,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriation 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 im-
provement of military family housing units in an amount
not to exceed $11,281,000.
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 author-
ization of appropriations in section 2204(a)(5)(A), the Sec-
262
retary of the Navy may improve existing military family
housing units in an amount not to exceed $136,816,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Navy in the total amount of $2,308,007,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2201(a),
$776,806,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2201(b),
$133,270,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $23,262,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $95,745,000.
(5) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $377,616,000.
263
(B) For support of military family housing
(including functions described in section 2833 of
title 10, United States Code), $867,788,000.
(6) For replacement of a pier at Naval Station,
Norfolk, Virginia, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115
Stat. 1287), as amended by section 2205 of this Act,
$33,520,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized 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 appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $48,120,000 (the balance of the amount au-
thorized under section 2201(a) for a bachelors enlisted
quarters shipboard ashore, Naval Station, Norfolk,
Virginia); and
(3) $2,570,000 (the balance of the amount au-
thorized under section 2201(b) for a quality of life
support facility, Naval Air Station Sigonella, Italy).
264
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $1,340,000,
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 2002 PROJECT.
(a) MODIFICATION.—The table in section 2201(a) of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat. 1286)
is amended—
(1) in the item relating to Naval Station, Nor-
folk, Virginia, by striking ‘‘$139,270,000’’ in the
amount column and inserting ‘‘$139,550,000’’; and
(2) by striking the amount identified as the total
in 
the 
amount 
column 
and 
inserting
‘‘$1,059,030,000’’.
(b) CONFORMING AMENDMENT.—Section 2204(b)(2) of
that Act (115 Stat. 1289) is amended by striking
‘‘$33,240,000’’ and inserting ‘‘$33,520,000’’.
265
TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated 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:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama ....................................
Maxwell Air Force Base ......................
$8,000,000
Alaska .......................................
Clear Air Station .................................
$14,400,000
Eielson Air Force Base ........................
$21,600,000
Arizona .....................................
Davis-Monthan Air Force Base ..........
$19,270,000
Luke Air Force Base ............................
$13,000,000
Arkansas ...................................
Little Rock Air Force Base ..................
$25,600,000
California .................................
Beale Air Force Base ...........................
$11,740,000
Travis Air Force Base .........................
$9,600,000
Vandenberg Air Force Base .................
$10,500,000
Colorado ....................................
Buckley Air National Guard Base .....
$17,700,000
Peterson Air Force Base ......................
$2,000,000
Schriever Air Force Base .....................
$5,700,000
United States Air Force Academy ......
$9,400,000
District of Columbia ................
Bolling Air Force Base ........................
$1,500,000
Florida ......................................
Elgin Air Force Base ...........................
$4,250,000
Hurlburt Field ......................................
$15,000,000
McDill Air Force Base .........................
$21,000,000
Tyndall Air Force Base .......................
$8,100,000
Georgia ......................................
Robins Air Force Base .........................
$5,400,000
Hawaii ......................................
Hickam Air Force Base .......................
$1,350,000
Kansas ......................................
McConnell Air Force Base ...................
$7,500,000
Louisiana ..................................
Barksdale Air Force Base ....................
$10,900,000
Maryland ..................................
Andrews Air Force Base ......................
$9,600,000
Massachusetts ...........................
Hanscom Air Force Base .....................
$7,700,000
Mississippi ................................
Keesler Air Force Base .........................
$22,000,000
Nevada ......................................
Nellis Air Force Base ...........................
$37,350,000
New Jersey ................................
McGuire Air Force Base ......................
$24,631,000
New Mexico ...............................
Cannon Air Force Base .......................
$4,650,000
Holloman Air Force Base ....................
$4,650,000
Kirtland Air Force Base ......................
$21,900,000
North Carolina .........................
Pope Air Force Base ............................
$9,700,000
Ohio ...........................................
Wright-Patterson Air Force Base .......
$25,000,000
Oklahoma ..................................
Tinker Air Force Base .........................
$7,500,000
South Carolina .........................
Shaw Air Force Base ...........................
$6,800,000
Texas .........................................
Lackland Air Force Base .....................
$37,300,000
Laughlin Air Force Base .....................
$8,000,000
Sheppard Air Force Base ....................
$24,000,000
Utah ..........................................
Hill Air Force Base .............................
$14,500,000
266
Air Force: Inside the United States—Continued
State
Installation or location
Amount
Virginia ....................................
Langley Air Force Base .......................
$71,940,000
Total ......................................................
$580,731,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the following
table:
Air Force: Outside the United States
Country
Installation or location
Amount
Diego Garcia ............................
Diego Garcia .........................................
$17,100,000
Germany ...................................
Ramstein Air Force Base ....................
$71,783,000
Guam ........................................
Andersen Air Force Base .....................
$31,000,000
Italy ..........................................
Aviano Air Force Base ........................
$6,600,000
Japan ........................................
Kadena Air Force Base .......................
$6,000,000
Korea .........................................
Osan Air Base ......................................
$15,100,000
Spain ........................................
Naval Station, Rota .............................
$31,818,000
Turkey .......................................
Incirlik Air Force Base .......................
$1,550,000
United Kingdom ......................
Royal Air Force, Fairford ...................
$19,000,000
Royal Air Force, Lakenheath ..............
$13,400,000
Wake Island ..............................
Wake Island ..........................................
$24,900,000
Total ..............................................
$238,251,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(3), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion 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 ...............................
$32,562,000
267
Air Force: Unspecified Worldwide—Continued
Location
Installation
Amount
Total ..............................................
$32,562,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(6)(A), the Secretary of the
Air Force may construct or acquire family housing units
(including land acquisition and supporting facilities) at
the installations, for the purposes, and in the amounts set
forth in the following table:
Air Force: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
Arizona ............................
Luke Air Force Base ......
140 Units .........
$18,954,000
California ........................
Travis Air Force Base ...
110 Units .........
$24,320,000
Colorado ..........................
Peterson Air Force Base
2 Units .............
$959,000
United States Air Force
Academy .....................
71 Units ...........
$12,424,000
Delaware .........................
Dover Air Force Base ....
112 Units .........
$19,615,000
Florida ............................
Eglin Air Force Base ....
Housing Office
$597,000
Eglin Air Force Base ....
134 Units .........
$15,906,000
MacDill Air Force Base
96 Units ...........
$18,086,000
Hawaii ............................
Hickam Air Force Base
96 Units ...........
$29,050,000
Idaho ...............................
Mountain Home Air
Force Base ..................
95 Units ...........
$24,392,000
Kansas .............................
McConnell Air Force
Base ............................
Housing Main-
tenance Fa-
cility .............
$1,514,000
Maryland ........................
Andrews Air Force Base
53 Units ...........
$9,838,000
Andrews Air Force Base
52 Units ...........
$8,807,000
Mississippi ......................
Columbus Air Force
Base ............................
Housing Office
$412,000
Keesler Air Force Base ..
117 Units .........
$16,505,000
Missouri ..........................
Whiteman Air Force
Base ............................
97 Units ...........
$17,107,000
Montana ..........................
Malmstrom Air Force
Base ............................
18 Units ...........
$4,717,000
New Mexico .....................
Holloman Air Force
Base ............................
101 Units .........
$20,161,000
North Carolina ...............
Pope Air Force Base ......
Housing Main-
tenance Fa-
cility .............
$991,000
Seymour Johnson Air
Force Base ..................
126 Units .........
$18,615,000
North Dakota ..................
Grand Forks Air Force
Base ............................
150 Units .........
$30,140,000
Minot Air Force Base ....
112 Units .........
$21,428,000
268
Air Force: Family Housing—Continued
State or Country
Installation or loca-
tion
Purpose
Amount
Minot Air Force Base ....
102 Units .........
$20,315,000
Oklahoma ........................
Vance Air Force Base ....
59 Units ...........
$11,423,000
South Dakota ..................
Ellsworth Air Force
Base ............................
Housing Main-
tenance Fa-
cility .............
$447,000
Ellsworth Air Force
Base ............................
22 Units ...........
$4,794,000
Texas ...............................
Dyess Air Force Base ....
85 Units ...........
$14,824,000
Randolph Air Force
Base ............................
Housing Main-
tenance Fa-
cility .............
$447,000
Randolph Air Force
Base ............................
112 Units .........
$14,311,000
Virginia ...........................
Langley Air Force Base
Housing Office
$1,193,000
Germany .........................
Ramstein Air Force
Base ............................
19 Units ...........
$8,534,000
Korea ...............................
Osan Air Base ................
113 Units .........
$35,705,000
Osan Air Base ................
Housing Supply
Warehouse ....
$834,000
United Kingdom .............
Royal Air Force,
Lakenheath .................
Housing Office
and Mainte-
nance Facil-
ity .................
$2,203,000
Total ...............................
$429,568,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated 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 con-
struction design activities with respect to the construction
or improvement of military family housing units in an
amount not to exceed $34,188,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, Unites States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2304(a)(6)(A), the Sec-
269
retary of the Air Force may improve existing military fam-
ily housing units in an amount not to exceed $217,286,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the Air
Force in the total amount of $2,495,094,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2301(a),
$580,731,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2301(b),
$238,251,000.
(3) For the military construction projects at un-
specified worldwide locations authorized by section
2301(c), $32,562,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $11,500,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $76,958,000.
(6) For military housing functions:
270
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $681,042,000.
(B) For support of military family housing
(including functions described in section 2833 of
title 10, United States Code), $874,050,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized 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 the total amount authorized to be appro-
priated under paragraphs (1), (2) and (3) of subsection (a).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $10,281,000,
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.
271
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2404(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:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Missile Defense Agency ............
Kauai, Hawaii .....................................
$23,400,000
Defense Intelligence Agency .....
Bolling Air Force Base, District of
Columbia ...........................................
$121,958,000
Defense Logistics Agency .........
Columbus, Ohio ....................................
$5,021,000
Defense Supply Center, Richmond,
Virginia .............................................
$5,500,000
Naval Air Station, New Orleans, Lou-
isiana ................................................
$9,500,000
Travis Air Force Base, California ......
$16,000,000
Defense Threat Reduction
Agency ...................................
Fort Belvoir, Virginia ..........................
$76,388,000
Department of Defense De-
pendents Schools ..................
Fort Bragg, North Carolina ................
$2,036,000
Fort Jackson, South Carolina .............
$2,506,000
Marine Corps Base, Camp Lejeune,
North Carolina .................................
$12,138,000
Marine Corps Base, Quantico, Vir-
ginia ..................................................
$1,418,000
United States Military Academy,
West Point, New York ......................
$4,347,000
Fort Meade, Maryland .........................
$4,484,000
Joint Chiefs of Staff .................
Peterson Air Force Base, Colorado .....
$18,400,000
National Security Agency .......
Fort Bragg, North Carolina ................
$30,800,000
Special Operations Command
Hurlburt Field, Florida .......................
$11,100,000
Naval Amphibious Base, Little Creek,
Virginia .............................................
$14,300,000
TRICARE Management Activ-
ity ..........................................
Elmendorf Air Force Base, Alaska .....
$10,400,000
Hickam Air Force Base, Hawaii ........
$2,700,000
Total ..............................................
$372,396,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
272
tions in section 2404(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 Logistics Agency .........
Andersen Air Force Base, Guam ........
$17,586,000
Naval 
Forces 
Marianas 
Islands,
Guam .................................................
$6,000,000
Naval Station, Rota, Spain ................
$23,400,000
Royal Air Force, Fairford, United
Kingdom ...........................................
$17,000,000
Yokota Air Base, Japan ......................
$23,000,000
Department of Defense De-
pendents Schools ..................
Kaiserslautern, Germany ....................
$957,000
Lajes Field, Azores, Portugal ..............
$1,192,000
Seoul, Korea ..........................................
$31,683,000
Supreme Headquarters, Allied Powers
Europe, Belgium ..............................
$1,573,000
Spangdahlem Air Base, Germany ......
$997,000
Vicenza, Italy ........................................
$2,117,000
TRICARE Management Activ-
ity ..........................................
Naval Support Activity, Naples, Italy
$41,449,000
Spangdahlem Air Base, Germany ......
$39,629,000
Total ..............................................
$206,583,000
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(8)(A), the Sec-
retary of Defense may improve existing military family
housing units in an amount not to exceed $5,530,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(4), the Sec-
retary of Defense may carry out energy conservation
273
projects under section 2865 of title 10, United States Code,
in the amount of $49,531,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE
AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and mili-
tary family housing functions of the Department of Defense
(other than the military departments) in the total amount
of $1,417,779,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2401(a),
$335,796,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2401(b),
$206,583,000.
(3) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$16,293,000.
(4) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $10,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $45,432,000.
274
(6) For energy conservation projects authorized
by section 2403 of this Act, $49,531,000.
(7) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), $545,138,000.
(8) For military family housing functions:
(A) For improvement of military family
housing and facilities, $5,480,000.
(B) For support of military family housing
(including functions described in section 2833 of
title 10, United States Code), $42,432,000.
(C) For credit to the Department of Defense
Housing Improvement Fund established by sec-
tion 2883(a) of title 10, United States Code, as
amended by section 2801 of this Act, $2,000,000.
(9) For payment of a claim against the Hospital
Replacement project at Elmendorf Air Force Base,
Alaska, $10,400,000.
(10) For the construction of phase 4 of an am-
munition demilitarization facility at Pueblo Chem-
ical Activity, 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
275
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 839) and section 2407 of this Act, $38,000,000.
(11) For the construction of phase 5 of an am-
munition 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), as amended by section 2406 of this Act,
$61,494,000.
(12) For the construction of phase 5 of an am-
munition demilitarization facility at Aberdeen Prov-
ing 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 the
Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115
Stat. 1299), $30,600,000.
(13) For the construction of phase 3 of an am-
munition 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. 835), as amended by section 2405 of the
276
Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115
Stat. 1298) and section 2405 of this Act, $10,300,000.
(14) For the construction of phase 3 of an am-
munition demilitarization support 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. 835), $8,300,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized 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—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a); and
(2) $26,200,000 (the balance of the amount au-
thorized under section 2401(a) for the construction of
the Defense Threat Reduction Center, Fort Belvoir,
Virginia).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (14) of
subsection (a) is the sum of the amounts authorized to be
277
appropriated in such paragraphs, reduced by $42,833,000,
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. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECT.
(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),
as amended by section 2405 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Pub-
lic Law 107–107; 115 Stat. 1298), is further amended—
(1) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Blue
Grass 
Army 
Depot, 
Kentucky, 
by 
striking
‘‘$254,030,000’’ in the amount column and inserting
‘‘$290,325,000’’; and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$748,245,000’’.
(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of
that Act (113 Stat. 839), as so amended, is further amended
by striking ‘‘$231,230,000’’ and inserting ‘‘$267,525,000’’.
278
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),
as amended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Pub-
lic Law 107–107; 115 Stat. 1299), is amended—
(1) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Newport
Army Depot, Indiana, by striking ‘‘$191,550,000’’ in
the amount column and inserting ‘‘$293,853,000’’;
and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$829,919,000’’.
(b) CONFORMING AMENDMENT.—Section 2404(b)(2) of
that Act (112 Stat. 2196) is amended by striking
‘‘$162,050,000’’ and inserting ‘‘$264,353,000’’.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1997 PROJECT.
(a) MODIFICATION.—The table in 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 Pub-
lic Law 106–65; 113 Stat. 839), is further amended—
279
(1) under the agency heading relating to Chem-
ical Demilitarization Program, in the item relating
to Pueblo Chemical Activity, Colorado, by striking
‘‘$203,500,000’’ in the amount column and inserting
‘‘$261,000,000’’; and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$607,454,000’’.
(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of
that Act (110 Stat. 2779), as so amended, is further amend-
ed 
by 
striking 
‘‘$203,500,000’’ 
and 
inserting
‘‘$261,000,000’’.
TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment 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 pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of construc-
tion previously financed by the United States.
280
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2002, for contribu-
tions 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 Organi-
zation Security Investment program authorized by section
2501, in the amount of $168,200,000.
TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal years beginning after September 30, 2002,
for the costs of acquisition, architectural and engineering
services, and construction of facilities for the Guard and
Reserve Forces, and for contributions there for, under chap-
ter 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, $170,793,000; and
(B) for the Army Reserve, $86,789,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $66,971,000.
281
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $119,266,000; and
(B) for the Air Force Reserve, $68,576,000.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
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 author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program
(and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2005; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2006.
(b) EXCEPTION.—Subsection (a) shall not apply to au-
thorizations for military construction projects, land acqui-
sition, family housing projects, and facilities, and contribu-
282
tions 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, 2005; or
(2) the date of the enactment of an Act author-
ized funds for fiscal year 2005 for military construc-
tion projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 2000 PROJECTS.
(a) EXTENSION
OF CERTAIN PROJECTS.—Notwith-
standing section 2701 of the Military Construction Author-
ization Act for Fiscal Year 2000 (division B of Public Law
106–65; 113 Stat. 841), authorizations set forth in the ta-
bles in subsection (b), as provided in section 2302 or 2601
of that Act, shall remain in effect until October 1, 2003,
or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2004, whichever is
later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
283
Air Force: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Oklahoma ........................
Tinker Air Force Base ..
Replace Family
Housing (41
Units) ...........
$6,000,000
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Virginia ...........................
Fort Pickett ....................
Multi-Purpose
Range Com-
plex–Heavy ..
$13,500,000
(c) EXTENSION OF ADDITIONAL PROJECT.—Notwith-
standing any other provision of law, the authorization set
forth in the table in subsection (d), as provided in section
8160 of the Department of Defense Appropriations Act,
2000 (Public Law 106–79; 113 Stat. 1274), shall remain
in effect until October 1, 2003, or the date of the enactment
of an Act authorizing funds for military construction for
fiscal year 2004, whichever is later.
(d) 
TABLE
FOR
EXTENSION
OF
ADDITIONAL
PROJECT.—The table referred to in subsection (c) is as fol-
lows:
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Pennsylvania ..................
Connellsville ...................
Readiness Cen-
ter .................
$1,700,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1999 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
284
1999 (division B of Public Law 105–261; 112 Stat. 2199),
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act and extended by section
2702 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107–107; 115
Stat. 1301), shall remain in effect until October 1, 2003,
or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2004, whichever is
later.
(b) TABLE.—The table referred to in subsection (a) is
as follows:
Air Force: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Delaware .........................
Dover Air Force Base ....
Replace Family
Housing (55
Units) ...........
$8,988,000
Florida ............................
Patrick Air Force Base
Replace Family
Housing (46
Units) ...........
$9,692,000
New Mexico .....................
Kirtland Air Force Base
Replace Family
Housing (37
Units) ...........
$6,400,000
Ohio .................................
Wright-Patterson Air
Force Base ..................
Replace Family
Housing (40
Units) ...........
$5,600,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of
this Act shall take effect on the later of—
(1) October 1, 2002; or
(2) the date of the enactment of this Act.
285
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. CHANGES TO ALTERNATIVE AUTHORITY FOR AC-
QUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) AUTHORIZED UTILITIES AND SERVICES.—Section
2872a(b) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
‘‘(11) Firefighting and fire protection services.
‘‘(12) Police protection services.’’.
(b) LEASING OF HOUSING.—Subsection (a) of section
2874 of such title is amended to read as follows:
‘‘(a) LEASE AUTHORIZED.—(1) The Secretary con-
cerned may enter into contracts for the lease of housing
units that the Secretary determines are suitable for use as
military family housing or military unaccompanied hous-
ing.
‘‘(2) The Secretary concerned shall utilize housing
units leased under paragraph (1) as military family hous-
ing or military unaccompanied housing, as appropriate.’’.
(c) REPEAL OF INTERIM LEASE AUTHORITY.—Section
2879 of such title is repealed.
286
(d) SPACE LIMITATIONS
BY PAY GRADE.—Section
2880(b)(2) of such title is amended by striking ‘‘unless the
unit is located on a military installation’’.
(e) DEPARTMENT OF DEFENSE HOUSING FUND.—(1)
Section 2883 of such title is amended by striking sub-
sections (a), (b), and (c) inserting the following new sub-
sections (a) and (b):
‘‘(a) ESTABLISHMENT.—There is hereby established on
the books of the Treasury an account to be known as the
Department of Defense Housing Improvement Fund (in this
section referred to as the ‘Fund’).
‘‘(b) CREDITS TO FUND.—There shall be credited to the
Fund the following:
‘‘(1) Amounts authorized for and appropriated
to the Fund.
‘‘(2) Subject to subsection (e), any amounts that
the Secretary of Defense transfers, in such amounts as
are provided for in appropriation Acts, to the Fund
from amounts authorized and appropriated to the De-
partment of Defense for the acquisition or construc-
tion of military family housing or military unaccom-
panied housing.
‘‘(3) Proceeds from the conveyance or lease of
property or facilities under section 2878 of this title
for the purpose of carrying out activities under this
287
subchapter with respect to military family housing or
military unaccompanied housing.
‘‘(4) Income derived from any activities under
this subchapter with respect to military family hous-
ing or military unaccompanied housing, income and
gains realized from investments under section 2875 of
this title, and any return of capital invested as part
of such investments.
‘‘(5) Any amounts that the Secretary of the Navy
transfers to the Fund pursuant to section 2814(i)(3)
of this title, subject to the restrictions on the use of
the transferred amounts specified in that section.’’.
(2) Such section is further amended—
(A) by redesignating subsections (d) through (g)
as (c) through (f), respectively;
(B) in subsection (c), as so redesignated—
(i) in the subsection heading, by striking
‘‘FUNDS’’ and inserting ‘‘FUND’’;
(ii) in paragraph (1)—
(I) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsection (d)’’; and
(II) by striking ‘‘Department of De-
fense Family Housing Improvement Fund’’
and inserting ‘‘Fund’’;
(iii) by striking paragraph (2); and
288
(iv) by redesignating paragraph (3) as
paragraph (2);
(C) in subsection (d), as so redesignated, by
striking ‘‘required to be used to satisfy the obliga-
tion’’;
(D) in subsection (e), as so redesignated, by
striking ‘‘a Fund under paragraph (1)(B) or (2)(B)
of subsection (c)’’ and inserting ‘‘the Fund under sub-
section (b)(2)’’; and
(E) in subsection (f), as so redesignated—
(i) 
in 
paragraph 
(1), 
by 
striking
‘‘$850,000,000’’ and inserting ‘‘$1,700,000,000’’;
and
(ii) 
in 
paragraph 
(2), 
by 
striking
‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’.
(f) TRANSFER OF UNOBLIGATED AMOUNTS.—(1) The
Secretary of Defense shall transfer to the Department of De-
fense Housing Improvement Fund established under section
2883(a) of title 10, United States Code (as amended by sub-
section (e)), any amounts in the Department of Defense
Family Housing Improvement Fund and the Department
of Defense Military Unaccompanied Housing Improvement
that remain available for obligation as of the date of the
enactment of this Act.
289
(2) Amounts transferred to the Department of Defense
Housing Improvement Fund under paragraph (1) shall be
merged with amounts in that Fund, and shall be available
for the same purposes, and subject to the same conditions
and limitations, as other amounts in that Fund.
(g) CONFORMING AMENDMENTS.—(1) Paragraph (3)
of section 2814(i) of such title is amended—
(A) by striking subparagraph (A) and inserting
the following new subparagraph (A):
‘‘(A) The Secretary may transfer funds from the Ford
Island Improvement Account to the Department of Defense
Housing Improvement Fund established by section 2883(a)
of this title.’’; and
(B) in subparagraph (B), by striking ‘‘a fund’’
and inserting ‘‘the Fund’’.
(2) Section 2871(6) of such title is amended by striking
‘‘Department of Defense Family Housing Improvement
Fund or the Department of Defense Military Unaccom-
panied Housing Improvement Fund’’ and inserting ‘‘De-
partment of Defense Housing Improvement Fund’’.
(3) Section 2875(e) of such title is amended by striking
‘‘Department of Defense Family Housing Improvement
Fund or the Department of Defense Military Unaccom-
panied Housing Improvement Fund’’ and inserting ‘‘De-
partment of Defense Housing Improvement Fund’’.
290
(h) CLERICAL AMENDMENTS.—(1) The section heading
for section 2874 of such title is amended to read as follows:
‘‘§ 2874. Leasing of housing’’.
(2) The section heading for section 2883 of such title
is amended to read as follows:
‘‘§ 2883. Department of Defense Housing Improvement
Fund’’.
(3) The table of sections at the beginning subchapter
IV of chapter 169 of such title is amended—
(A) by striking the item relating to section 2874
and inserting the following new item:
‘‘2874. Leasing of housing.’’;
(B) by striking the item relating to section 2879;
and
(C) by striking the item relating to section 2883
and inserting the following new item:
‘‘2883. Department of Defense Housing Improvement Fund.’’.
SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT
CONSTRUCTION PROJECTS AS PART OF ENVI-
RONMENTAL RESPONSE ACTION.
(a) AUTHORITY
TO
CARRY
OUT
UNAUTHORIZED
PROJECTS.—Subsection (a) of section 2810 of title 10,
United States Code, is amended to read as follows:
‘‘(a) AUTHORITY TO CARRY OUT UNAUTHORIZED CON-
STRUCTION
PROJECTS.—The Secretary concerned may
carry out a military construction project not otherwise au-
291
thorized by law if the Secretary determines that the project
is necessary to carry out a response under chapter 160 of
this title or the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).’’.
(b) CONGRESSIONAL NOTIFICATION.—Subsection (b) of
such section is amended by striking ‘‘(1)’’ and the first sen-
tence and inserting ‘‘CONGRESSIONAL NOTIFICATION.—(1)
When a decision is made to carry out a military construc-
tion project under this section that exceeds the amount spec-
ified in section 2805(b)(1) of this title, the Secretary con-
cerned shall submit a report in writing to the appropriate
committees of Congress on that decision.’’.
(c) DEFINITION.—Subsection (c) of such section is
amended—
(1) by inserting ‘‘RESPONSE DEFINED.—’’ after
‘‘(c)’’; and
(2) by striking ‘‘action’’.
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING IN
KOREA.
Paragraph (3) of section 2828(e) of title 10, United
States Code, is amended to read as follows:
‘‘(3) In addition to the 450 units of family housing
referred to in paragraph (1) for which the maximum lease
292
amount is $25,000 per unit per year, the Secretary of the
Army may lease in Korea—
‘‘(A) not more than 1,175 units of family hous-
ing subject to that maximum lease amount; and
‘‘(B) not more than 2,400 units of family hous-
ing subject to a maximum lease amount of $35,000
per unit per year.’’.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES TO LIMIT
ENCROACHMENTS AND OTHER CONSTRAINTS
ON MILITARY TRAINING, TESTING, AND OPER-
ATIONS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by inserting after section 2684 the
following new section:
‘‘§ 2684a. Agreements to limit encroachments and
other constraints on military training,
testing, and operations
‘‘(a) AGREEMENTS AUTHORIZED.—The Secretary of a
military department may enter into an agreement with a
private entity described in subsection (b) to address the use
or development of real property in the vicinity of a military
installation for purposes of—
293
‘‘(1) limiting any development or use of the
property that would otherwise be incompatible with
the mission of the installation; or
‘‘(2) preserving habitat on the property in a
manner that is compatible with both—
‘‘(A) current or anticipated environmental
restrictions that would or might otherwise re-
strict, impede, or otherwise interfere, whether di-
rectly or indirectly, with current or anticipated
military training, testing, or operations on the
installation; and
‘‘(B) current or anticipated military train-
ing, testing, or operations on the installation.
‘‘(b) COVERED PRIVATE ENTITIES.—A private entity
referred to in subsection (a) is any private entity that has
as its stated principal organizational purpose or goal the
conservation, restoration, or preservation of land and nat-
ural resources, or a similar purpose or goal, as determined
by the Secretary concerned.
‘‘(c) INAPPLICABILITY
OF CERTAIN CONTRACT RE-
QUIREMENTS.—Chapter 63 of title 31 shall not apply to
any agreement entered into under this section.
‘‘(d) ACQUISITION AND ACCEPTANCE OF PROPERTY
AND INTERESTS.—(1) An agreement with a private entity
under this section—
294
‘‘(A) may provide for the private entity to ac-
quire all right, title, and interest in and to any real
property, or any lesser interest in the property, as
may be appropriate for purposes of this section; and
‘‘(B) shall provide for the private entity to trans-
fer to the United States, upon the request of the
United States, any property or interest so acquired.
‘‘(2) Property or interests may not be acquired pursu-
ant to an agreement under this section unless the owner
of the property or interests, as the case may be, consents
to the acquisition.
‘‘(3) An agreement under this section providing for the
acquisition of property or interests under paragraph (1)(A)
shall provide for the sharing by the United States and the
private entity concerned of the costs of the acquisition of
the property or interests.
‘‘(4) The Secretary concerned shall identify any prop-
erty or interests to be acquired pursuant to an agreement
under this section. The property or interests shall be limited
to the minimum property or interests necessary to ensure
that the property concerned is developed and used in a
manner appropriate for purposes of this section.
‘‘(5) Notwithstanding any other provision of law, the
Secretary concerned may accept on behalf of the United
295
States any property or interest to be transferred to the
United States under paragraph (1)(B).
‘‘(6) The Secretary concerned may, for purposes of the
acceptance of property or interests under this subsection,
accept an appraisal or title documents prepared or adopted
by a non-Federal entity as satisfying the applicable require-
ments of section 301 of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4651) or section 355 of the Revised Statutes (40
U.S.C. 255) if the Secretary finds that the appraisal or title
documents substantially comply with the requirements.
‘‘(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary concerned may require such additional terms and
conditions in an agreement under this section as the Sec-
retary considers appropriate to protect the interests of the
United States.
‘‘(f) FUNDING.—(1) Except as provided in paragraph
(2), funds authorized to be appropriated for operation and
maintenance of the Army, Navy, Marine Corps, Air Force,
or Defense-wide activities, including funds authorized to be
appropriated for the Legacy Resources Management Pro-
gram, may be used to enter into agreements under this sec-
tion.
‘‘(2) In the case of a military installation operated
primarily with funds authorized to be appropriated for re-
296
search, development, test, and evaluation, funds authorized
to be appropriated for the Army, Navy, Marine Corps, Air
Force, or Defense-wide activities for research, development,
test, and evaluation may be used to enter into agreements
under this section with respect to the installation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2684 the following new item:
‘‘2684a. Agreements to limit encroachments and other constraints on military
training, testing, and operations.’’.
SEC. 2812. CONVEYANCE OF SURPLUS REAL PROPERTY
FOR NATURAL RESOURCE CONSERVATION
PURPOSES.
(a) CONVEYANCE AUTHORITY.—(1) Chapter 159 of
title 10, United States Code, is amended by inserting after
section 2694 the following new section:
‘‘§ 2694a. Conveyance of surplus real property for nat-
ural resource conservation
‘‘(a) AUTHORITY TO CONVEY.—The Secretary of a
military department may convey to an eligible recipient de-
scribed in subsection (b) any surplus real property that—
‘‘(1) is under the administrative control of the
Secretary;
‘‘(2) is suitable and desirable for conservation
purposes;
297
‘‘(3) has been made available for public benefit
transfer for a sufficient period of time to potential
claimants; and
‘‘(4) is not subject to a pending request for trans-
fer to another Federal agency or for conveyance to
any other qualified recipient for public benefit trans-
fer under the real property disposal processes and au-
thorities established pursuant to the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
471, et seq.).
‘‘(b) ELIGIBLE RECIPIENTS.—The conveyance of sur-
plus real property under subsection (a) may be made to
any of the following:
‘‘(A) A State or political subdivision of a
State.
‘‘(B) A nonprofit organization that exists
for the primary purpose of conservation of nat-
ural resources on real property.
‘‘(c) REVISIONARY INTEREST AND OTHER DEED RE-
QUIREMENTS.—(1) The deed of conveyance of any surplus
real property conveyed under subsection (a) disposed of
under this subsection shall require the property to be used
and maintained for the conservation of natural resources
in perpetuity. If the Secretary of the military department
that made the conveyance determines at any time that the
298
property is not being used or maintained for such purpose,
then, at the option of the Secretary, all or any portion of
the property shall revert to the United States.
‘‘(2) The deed of conveyance may permit the recipient
of the property—
‘‘(A) to convey the property to another eligible
entity described in subsection (b), subject to the ap-
proval of the Secretary of the military department
that made the conveyance and subject to the same cov-
enants and terms and conditions as provided in the
deed from the United States; and
‘‘(B) to conduct incidental revenue-producing ac-
tivities on the property that are compatible with the
use of the property for conservation purposes.
‘‘(3) The deed of conveyance may contain such addi-
tional terms, reservations, restrictions, and conditions as
the Secretary of the military department considers appro-
priate to protect the interests of the United States.
‘‘(d) RELEASE OF COVENANTS.—The Secretary of the
military department that conveys real property under sub-
section (a), with the concurrence of the Secretary of Inte-
rior, may grant a release from a covenant included in the
deed of conveyance of the property under subsection (c) on
the condition that the recipient of the property pay the fair
market value, as determined by the Secretary of the mili-
299
tary department, of the property at the time of the release
of the covenant. The Secretary of the military department
may reduce the amount required to be paid under this sub-
section to account for the value of the natural resource con-
servation benefit that has accrued to the United States dur-
ing the period the covenant was in effect, if the benefit was
not taken into account in determining the original consid-
eration for the conveyance.
‘‘(e) LIMITATIONS.—A conveyance under subsection (a)
shall not be used in settlement of any litigation, dispute,
or claim against the United States, or as a condition of
allowing any defense activity under any Federal, State, or
local permitting or review process. The Secretary of a mili-
tary department may make a conveyance under subsection
(a), with the restrictions specified in subsection (c), to estab-
lish a mitigation bank, but only if the establishment of the
mitigation bank does not occur in order to satisfy any con-
dition for permitting military activity under a Federal,
State, or local permitting or review process.
‘‘(f) CONSIDERATION.—In fixing the consideration for
the conveyance of real property under subsection (a) or in
determining the amount of any reduction of the amount
to be paid for the release of a covenant under subsection
(d), the Secretary of the military department concerned
shall take into consideration any benefit that has accrued
300
or may accrue to the United States from the use of such
property for the conservation of natural resources.
‘‘(g) RELATION TO OTHER CONVEYANCE AUTHORI-
TIES.—(1) The Secretary of a military department may not
make a conveyance under this section of any real property
to be disposed of under a base closure law in a manner
that is inconsistent with the requirements and conditions
of the base closure law.
‘‘(2) In the case of real property on Guam, the Sec-
retary of a military department may not make a convey-
ance under this section unless the Government of Guam has
been first afforded the opportunity to acquire the real prop-
erty as authorized by section 1 of Public Law 106–504 (114
Stat. 2309).
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘State’ includes the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Marianas, and the terri-
tories and possessions of the United States.
‘‘(2) The term ‘base closure law’ means the following:
‘‘(A) Section 2687 of this title.
‘‘(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act of 1988 (10 U.S.C. 2687 note).
301
‘‘(C) The Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note).
‘‘(D) Any other similar authority for the
closure or realignment of military installations
that is enacted after the date of the enactment of
the National Defense Authorization Act for Fis-
cal Year 2003.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2694 the following new item:
‘‘2694a. Conveyance of surplus real property for natural resource conservation.’’.
(b) ACCEPTANCE OF FUNDS TO COVER ADMINISTRA-
TIVE EXPENSES.—Section 2695(b) of such title is amended
by adding at the end the following new paragraph:
‘‘(5) The conveyance of real property under sec-
tion 2694a of this title.’’.
(c) AGREEMENTS WITH NONPROFIT NATURAL RE-
SOURCE CONSERVATION ORGANIZATIONS.—Section 2701(d)
of such title is amended—
(1) in paragraph (1), by striking ‘‘with any
State or local government agency, or with any Indian
tribe,’’ and inserting ‘‘any State or local government
agency, any Indian tribe, or any nonprofit conserva-
tion organization’’; and
302
(2) by striking paragraph (3) and inserting the
following new paragraph:
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘Indian tribe’ has the mean-
ing given such term in section 101(36) of Com-
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C.
9601(36)).
‘‘(B) The term ‘nonprofit conservation orga-
nization’ means any non-governmental nonprofit
organization whose primary purpose is conserva-
tion of open space or natural resources.’’.
SEC. 
2813. 
NATIONAL 
EMERGENCY 
EXEMPTION 
FROM
SCREENING AND OTHER REQUIREMENTS OF
MCKINNEY-VENTO 
HOMELESS 
ASSISTANCE
ACT FOR PROPERTY USED IN SUPPORT OF
RESPONSE ACTIVITIES.
Section 501 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11411) is amended—
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the following
new subsection (i):
‘‘(i) APPLICABILITY TO CERTAIN PROPERTY DURING
EMERGENCIES.—The screening requirements and other pro-
303
visions of this section shall not apply to any property that
is excess property or surplus property or that is described
as unutilized or underutilized property if the property is
subject to a request for conveyance or use for the purpose
of directly supporting activities in response to—
‘‘(1) a war or national emergency declared in
accordance with the National Emergencies Act (50
U.S.C. 1601 et seq.); or
‘‘(2) an emergency or major disaster declared in
accordance with the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).’’.
SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN
LONG-TERM FACILITY MAINTENANCE COSTS.
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense may conduct a demonstration program to assess the
feasibility and desirability of including facility mainte-
nance requirements in construction contracts for military
construction projects for the purpose of determining whether
such requirements facilitate reductions in the long-term fa-
cility maintenance costs of the military departments.
(b) CONTRACTS.—Not more than 12 contracts may
contain requirements referred to in subsection (a) for the
purpose of the demonstration program under this section.
304
The demonstration program may only cover contracts en-
tered into on or after the date of the enactment of this Act.
(c) EFFECTIVE PERIOD OF REQUIREMENTS.—The ef-
fective period of a requirement referred to in subsection (a)
that is included in a contract for the purpose of the dem-
onstration program under this program may not exceed five
years.
(d) REPORTING REQUIREMENTS.—Not later than Jan-
uary 31, 2005, the Secretary of Defense shall submit to Con-
gress a report on the demonstration program authorized by
this section and the related Department of the Army dem-
onstration program authorized by section 2814 of the Mili-
tary Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107–107; 115 Stat. 1310; 10
U.S.C. 2809 note), including the following:
(1) A description of all contracts entered into
under the demonstration programs.
(2) An evaluation of the demonstration programs
and a description of the experience of the Secretary
of Defense and the Secretary of the Army respect to
such contracts.
(3) 
Any 
recommendations, 
including 
rec-
ommendations for the termination, continuation, or
expansion of the demonstration programs, that the
305
Secretary of Defense or the Secretary of the Army
considers appropriate.
(e) EXPIRATION.—The authority under subsection (a)
to include requirements referred to in that subsection in
contracts under the demonstration program under this sec-
tion shall expire on September 30, 2006.
(f) FUNDING.—Amounts authorized to be appropriated
for a fiscal year for military construction shall be available
for the demonstration program under this section in such
fiscal year.
(g) CONFORMING AMENDMENT.—Section 2814 of the
Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat. 1310;
10 U.S.C. 2809 note) is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
SEC. 2815. EXPANDED AUTHORITY TO TRANSFER PROPERTY
AT MILITARY INSTALLATIONS TO BE CLOSED
TO PERSONS WHO CONSTRUCT OR PROVIDE
MILITARY FAMILY HOUSING.
(a) 1988 LAW.—Section 204(e)(1) of the Defense Au-
thorization Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is
amended by striking the last sentence.
306
(b) 1990 LAW.—Section 2905(f)(1) 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 last sentence.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2821. LAND CONVEYANCES, LANDS IN ALASKA NO
LONGER REQUIRED FOR NATIONAL GUARD
PURPOSES.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey to an eligible entity described subsection
(b) all right, title, and interest of the United States in and
to any parcel of real property, including any improvements
thereon, in the State of Alaska described in subsection (c)
if the Secretary determines the conveyance would be in the
public interest.
(b) ELIGIBLE RECIPIENTS.—The following entities
shall be eligible to receive real property under subsection
(a):
(1) The State of Alaska.
(2) A governmental entity in the State of Alaska.
(3) A Native Corporation (as defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)).
(4) The Metlakatla Indian Community.
307
(c) COVERED PROPERTY.—Subsection (a) applies to
real property located in the State of Alaska that—
(1) is under the jurisdiction of the Department
of the Army and, before December 2, 1980, was under
such jurisdiction for the use of the Alaska National
Guard;
(2) is located in a unit of the National Wildlife
Refuge System designated in the Alaska National In-
terest Lands Conservation Act (Public Law 96–487;
16 U.S.C. 668dd note);
(3) is excess to the needs of the Alaska National
Guard and the Department of Defense; and
(4) the Secretary determines that—
(A) the anticipated cost to the United States
of retaining the property exceeds the value of
such property; or
(B) the condition of the property makes it
unsuitable for retention by the United States.
(d) CONSIDERATION.—The conveyance of real property
under this section shall, at the election of the Secretary, be
for no consideration or for consideration in an amount de-
termined by the Secretary to be appropriate under the cir-
cumstances.
(e) USE OF CONSIDERATION.—If consideration is re-
ceived for the conveyance of real property under subsection
308
(a), the Secretary may use the amounts received, in such
amounts as are provided in appropriations Acts, to pay
for—
(1) the cost of a survey described in subsection
(f) with respect to the property;
(2) the cost of carrying out any environmental
assessment, study, or analysis, and any remediation,
that may be required under Federal law, or is consid-
ered appropriate by the Secretary, in connection with
the property or the conveyance of the property; and
(3) any other costs incurred by the Secretary in
conveying the property.
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of any real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with a conveyance of real property under this
section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, KEN-
TUCKY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the City of
309
Hopkinsville, Kentucky, all right, title, and interest of the
United States in and to a parcel of real property at Fort
Campbell, Kentucky, consisting of approximately 50 acres
and containing an abandoned railroad spur for the purpose
of permitting the City to use the property for storm water
management, recreation, transportation, and other public
purposes.
(b) DESCRIPTION OF PROPERTY.—The acreage of the
real property to be conveyed under subsection (a) has been
determined by the Secretary through a legal description out-
lining such acreage. No further survey of the property before
transfer is necessary.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary 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. 2823. LAND CONVEYANCE, ARMY RESERVE TRAINING
CENTER, BUFFALO, MINNESOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Buffalo
Independent School District 877 of Buffalo, Minnesota (in
this section referred to as the ‘‘School District’’), all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon, that is
310
located at 800 8th Street, N.E., in Buffalo, Minnesota, and
contains a former Army Reserve Training Center, which
is being used by the School District as the site of the Phoe-
nix Learning Center.
(b) 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 satis-
factory to the Secretary. The cost of the survey shall be borne
by the School District.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary 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. 2824. LAND CONVEYANCE, FORT BLISS, TEXAS
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the County of
El Paso, Texas (in this section referred to as the ‘‘County’’),
all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon,
consisting of approximately 44 acres at Fort Bliss, Texas,
for the purpose of facilitating the construction by the State
of Texas of a nursing home for veterans of the Armed
Forces.
311
(b) REVERSIONARY INTEREST.—If, at the end of the
five-year period beginning on the date the Secretary makes
the conveyance under subsection (a), the Secretary deter-
mines that a nursing home for veterans is not in operation
on the conveyed real property, all right, title, and interest
in and to the property, including any improvements there-
on, shall revert to the United States, and the United States
shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a hear-
ing.
(c) 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 satis-
factory to the Secretary. The cost of the survey shall be borne
by the County.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary 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. 2825. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Veterans
Land Board of the State of Texas (in this section referred
312
to as the ‘‘Board’’), all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 174
acres at Fort Hood, Texas, for the purpose of permitting
the Board to establish a State-run cemetery for veterans.
(b) 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 satis-
factory to the Secretary. The cost of the survey shall be borne
by the Board.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary 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.
PART II—NAVY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, MARINE CORPS AIR STA-
TION, MIRAMAR, SAN DIEGO, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may convey to the ENPEX Corporation, Incorporated
(in this section referred to as the ‘‘Corporation’’), all right,
title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, at
Marine Corps Air Station Miramar, San Diego, California,
consisting of approximately 60 acres and appurtenant ease-
313
ments and any other necessary interests in real property
for the purpose of permitting the Corporation to use the
property for the production of electric power and related
ancillary activities.
(b) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a), the Corporation shall—
(A) convey to the United States all right, title,
and interest of the Corporation in and to a parcel of
real property in the San Diego area that is suitable
for military family housing, as determined by the
Secretary; and
(B) if the parcel conveyed under subparagraph
(A) does not contain housing units suitable for use as
military family housing, design and construct such
military family housing units and supporting facili-
ties as the Secretary considers appropriate.
(2) The total combined value of the real property and
military family housing conveyed by the Corporation under
this subsection shall be at least equal to the fair market
value of the real property conveyed to the Secretary under
subsection (a), including any severance costs arising from
any diminution of the value or utility of other property
at Marine Corps Air Station Miramar attributable to the
prospective future use of the property conveyed under sub-
section (a).
314
(3) The Secretary shall determine the fair market
value of the real property to be conveyed under subsection
(a) and the fair market value of the consideration to be pro-
vided under this subsection. Such determinations shall be
final.
(c) REVERSIONARY INTEREST.—(1) Subject to para-
graph (2), if the Secretary determines at any time that the
property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified
in such subsection, all right, title, and interest in and to
the property, including any improvements thereon, shall re-
vert, at the option of the Secretary, to the United States,
and the United States shall have the right of immediate
entry onto the property. Any determination of the Secretary
under this subsection shall be made on the record after an
opportunity for a hearing.
(2) If Marine Corps Air Station Miramar is no longer
used as a Federal aviation facility, paragraph (1) shall no
longer apply, and the Secretary shall release, without con-
sideration, the reversionary interest retained by the United
States under such paragraph.
(d) ADMINISTRATIVE EXPENSES.—(1) The Corpora-
tion shall make funds available to the Secretary to cover
costs to be incurred by the Secretary, or reimburse the Sec-
retary for costs incurred, to carry out the conveyance under
315
subsection (a), including survey costs, costs related to envi-
ronmental documentation, and other administrative costs
related to the conveyance. This paragraph does not apply
to costs associated with the removal of explosive ordnance
from the parcel and environmental remediation of the par-
cel.
(2) Section 2695(c) of title 10 United States Code,
shall apply to any amount received under paragraph (1).
If the amounts received in advance under such paragraph
exceed the costs actually incurred by the Secretary, the Sec-
retary shall refund the excess amount to the Corporation.
(e) DESCRIPTIONS OF PROPERTY.—The exact acreage
and legal descriptions of the real property to be conveyed
by the Secretary under subsection (a) and the property to
be conveyed by the Corporation under subsection (b) shall
be determined by a survey satisfactory to the Secretary.
(f) EXEMPTIONS.—Section 2696 of title 10, United
States Code, does not apply to the conveyance authorized
by subsection (a), and the authority to make the conveyance
shall not be considered to render the property excess or un-
derutilized.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyances authorized by this sec-
317
(b) EFFECT OF SUBSEQUENT DETERMINATION PROP-
ERTY IS EXCESS.—(1) If land transferred or retained under
paragraph (2) or (3) of subsection (a) is subsequently deter-
mined to be excess to the needs of the Federal agency that
received or retained the land, the head of that Federal agen-
cy shall offer to return administrative jurisdiction over the
land, without reimbursement, to the Federal agency from
which the land was received or retained.
(2) If the offer under paragraph (1) is not accepted
within 90 days or is otherwise rejected, the head of the Fed-
eral agency holding the land may proceed to dispose of the
land under then current law and regulations governing the
disposal of excess property.
PART III—AIR FORCE CONVEYANCES
SEC. 2841. LAND CONVEYANCES, WENDOVER AIR FORCE
BASE AUXILIARY FIELD, NEVADA.
(a) CONVEYANCES AUTHORIZED TO WEST WENDOVER,
NEVADA.—(1) The Secretary of the Interior may convey,
without consideration, to the City of West Wendover, Ne-
vada, all right, title, and interest of the United States in
and to the following:
(A) The lands at Wendover Air Force Base Aux-
iliary Field, Nevada, identified in Easement No.
AFMC–HL–2–00–334 that are determined by the Sec-
318
retary of the Air Force to be no longer required for
Air Force purposes.
(B) The lands at Wendover Air Force Base Aux-
iliary Field identified for disposition on the map en-
titled ‘‘West Wendover, Nevada–Excess’’, dated Janu-
ary 5, 2001, that are determined by the Secretary of
the Air Force to be no longer required for Air Force
purposes.
(2) The purposes of the conveyances under this sub-
section are—
(A) to permit the establishment and maintenance
of runway protection zones; and
(B) to provide for the development of an indus-
trial park and related infrastructure.
(3) The map referred to in paragraph (1)(B) shall be
on file and available for public inspection in the offices of
the Director of the Bureau of Land Management and the
Elko District Office of the Bureau of Land Management.
(b) CONVEYANCE AUTHORIZED TO TOOELE COUNTY,
UTAH.—(1) The Secretary of the Interior may convey,
without consideration, to Tooele County, Utah, all right,
title, and interest of the United States in and to the lands
at Wendover Air Force Base Auxiliary Field identified in
Easement No. AFMC–HL–2–00–318 that are determined
319
by the Secretary of the Air Force to be no longer required
for Air Force purposes.
(2) The purpose of the conveyance under this sub-
section is to permit the establishment and maintenance of
runway protection zones and an aircraft accident potential
protection zone as necessitated by continued military air-
craft operations at the Utah Test and Training Range.
(c) PHASED CONVEYANCES.—The land conveyances
authorized by subsections (a) and (b) may be conducted in
phases. To the extent practicable, the first phase of the con-
veyances should involve at least 3,000 acres.
(d) MANAGEMENT OF CONVEYED LANDS.—The lands
conveyed under subsections (a) and (b) shall be managed
by the City of West Wendover, Nevada, City of Wendover,
Utah, Tooele County, Utah, and Elko County, Nevada—
(1) in accordance with the provisions of an
Interlocal Memorandum of Agreement entered into be-
tween the Cities of West Wendover, Nevada, and
Wendover, Utah, Tooele County, Utah, and Elko
County, Nevada, providing for the coordinated man-
agement and development of the lands for the eco-
nomic benefit of both communities; and
(2) in a manner that is consistent with such pro-
visions of the easements referred to subsections (a)
and (b) that, as jointly determined by the Secretary
320
of the Air Force and Secretary of the Interior, remain
applicable and relevant to the operation and manage-
ment of the lands following conveyance and are con-
sistent with the provisions of this section.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Air Force and the Secretary of the Interior
may jointly require such additional terms and conditions
in connection with the conveyances required by subsections
(a) and (b) as the Secretaries consider appropriate to pro-
tect the interests of the United States.
Subtitle D—Other Matters
SEC. 2861. EASEMENT FOR CONSTRUCTION OF ROADS OR
HIGHWAYS, MARINE CORPS BASE, CAMP PEN-
DLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Author-
ization Act for Fiscal Year 1999 (division B of Public Law
105–261; 112 Stat. 2219), as amended by section 2867 of
the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107–107; 115 Stat. 1334) is amended
in the first sentence by striking ‘‘easement to construct’’ and
all that follows through the period at the end and inserting
‘‘easement to construct, operate, and maintain a restricted
access highway, notwithstanding any provision of State law
that would otherwise prevent the Secretary from granting
321
the easement or the Agency from constructing, operating,
or maintaining the restricted access highway.’’.
SEC. 2862. SALE OF EXCESS TREATED WATER AND WASTE-
WATER 
TREATMENT 
CAPACITY, 
MARINE
CORPS BASE, CAMP LEJEUNE, NORTH CARO-
LINA.
(a) SALE AUTHORIZED.—The Secretary of the Navy
may provide to Onslow County, North Carolina, or any au-
thority or political subdivision organized under the laws
of North Carolina to provide public water or sewage services
in Onslow County (in this section referred to as the ‘‘Coun-
ty’’), treated water and wastewater treatment services from
facilities at Marine Corps Base, Camp Lejeune, North Caro-
lina, if the Secretary determines that the provision of these
utility services is in the public interest and will not inter-
fere with current or future operations at Camp Lejeune.
(b) INAPPLICABILITY OF CERTAIN REQUIREMENTS.—
Section 2686 of title 10, United States Code, shall not apply
to the provision of public water or sewage services author-
ized by subsection (a).
(c) CONSIDERATION.—As consideration for the receipt
of public water or sewage services under subsection (a), the
County shall pay to the Secretary an amount (in cash or
in kind) equal to the fair market value of the services.
322
Amounts received in cash shall be credited to the base oper-
ation and maintenance accounts of Camp Lejeune.
(d) EXPANSION.—The Secretary may make minor ex-
pansions and extensions and permit connections to the pub-
lic water or sewage systems of the County in order to fur-
nish the services authorized under subsection (a). The Sec-
retary shall restrict the provision of services to the County
to those areas in the County where residential development
would be compatible with current and future operations at
Camp Lejeune.
(e) ADMINISTRATIVE EXPENSES.—The Secretary may
require the County to reimburse the Secretary for the costs
incurred by the Secretary to provide public water or sewage
services to the County under subsection (a).
(2) Section 2695(c) of title 10 United States Code,
shall apply to any amount received under this subsection.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the provision of public water or sewage
services under this section as the Secretary considers appro-
priate to protect the interests of the United States.
323
SEC. 2863. RATIFICATION OF AGREEMENT REGARDING
ADAK NAVAL COMPLEX, ALASKA, AND RE-
LATED LAND CONVEYANCES.
(a) RATIFICATION
OF AGREEMENT.—The document
entitled the ‘‘Agreement Concerning the Conveyance of
Property at the Adak Naval Complex’’, and dated Sep-
tember 20, 2000, executed by the Aleut Corporation, the De-
partment of the Interior, and the Department of the Navy,
together with any technical amendments or modifications
to the boundaries that may be agreed to by the parties, is
hereby ratified, confirmed, and approved and the terms,
conditions, procedures, covenants, reservations, indemnities
and other provisions set forth in the Agreement are declared
to be obligations and commitments of the United States as
a matter of Federal law. Modifications to the maps and
legal descriptions of lands to be removed from the National
Wildlife Refuge System within the military withdrawal on
Adak Island set forth in Public Land Order 1949 may be
made only upon agreement of all Parties to the Agreement
and notification given to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate. The acreage conveyed to
the United States by the Aleut Corporation under the Agree-
ment, as modified, shall be at least 36,000 acres.
(b) REMOVAL OF LANDS FROM REFUGE.—Effective on
the date of conveyance to the Aleut Corporation of the Adak
324
Exchange Lands as described in the Agreement, all such
lands shall be removed from the National Wildlife Refuge
System and shall neither be considered as part of the Alaska
Maritime National Wildlife Refuge nor subject to any laws
pertaining to lands within the boundaries of the Alaska
Maritime National Wildlife Refuge. The conveyance restric-
tions imposed by section 22(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1621(g)) for land in the National
Wildlife Refuge System shall not apply. The Secretary shall
adjust the boundaries of the Refuge so as to exclude all in-
terests in lands and land rights, surface and subsurface, re-
ceived by the Aleut Corporation in accordance with this sec-
tion and the Agreement.
(c) RELATION TO ALASKA NATIVE CLAIMS SETTLE-
MENT ACT.—Lands and interests therein exchanged and
conveyed by the United States pursuant to this section shall
be considered and treated as conveyances of lands or inter-
ests therein under the Alaska Native Claims Settlement Act,
except that receipt of such lands and interests therein shall
not constitute a sale or disposition of land or interests re-
ceived pursuant to such Act. The public easements for access
to public lands and waters reserved pursuant to the Agree-
ment are deemed to satisfy the requirements and purposes
of section 17(b) of the Alaska Native Claims Settlement Act.
325
(d) REACQUISITION AUTHORITY.—The Secretary of the
Interior is authorized to acquire by purchase or exchange,
on a willing seller basis only, any land conveyed to the
Aleut Corporation under the Agreement and this section.
In the event any of the lands are subsequently acquired by
the United States, they shall be automatically included in
the National Wildlife Refuge System. The laws and regula-
tions applicable to refuge lands shall then apply to these
lands and the Secretary shall then adjust the boundaries
accordingly.
(e) CONVEYANCE OF NAVY PERSONAL PROPERTY.—
Notwithstanding any other provision of law, and for the
purposes of the transfer of property authorized by this sec-
tion, Department of Navy personal property that remains
on Adak Island is deemed related to the real property and
shall be conveyed by the Department of the Navy to the
Aleut Corporation, at no additional cost, when the related
real property is conveyed by the Department of the Interior.
(f) ADDITIONAL CONVEYANCE.—The Secretary of the
Interior shall convey to the Aleut Corporation those lands
identified in the Agreement as the former landfill sites with-
out charge to the Aleut Corporation’s entitlement under the
Alaska Native Claims Settlement Act.
(g) VALUATION.—For purposes of section 21(c) of the
Alaska Native Claims Settlement Act, the receipt of all
326
property by the Aleut Corporation shall be entitled to a tax
basis equal to fair value on date of transfer. Fair value shall
be determined by replacement cost appraisal.
(h) CERTAIN PROPERTY TREATED AS NOT DEVEL-
OPED.—Any property, including, but not limited to, appur-
tenances and improvements, received pursuant to this sec-
tion shall, for purposes of section 21(d) of the Alaska Native
Claims Settlement Act and section 907(d) of the Alaska Na-
tional Interest Lands Conservation Act be treated as not
developed until such property is actually occupied, leased
(other than leases for nominal consideration to public enti-
ties) or sold by the Aleut Corporation, or, in the case of
a lease or other transfer by the Aleut Corporation to a whol-
ly owned development subsidiary, actually occupied, leased,
or sold by the subsidiary.
(i) CERTAIN LANDS UNAVAILABLE FOR SELECTION.—
Upon conveyance to the Aleut Corporation of the lands de-
scribed in Appendix A of the Agreement, the lands described
in Appendix C of the Agreement will become unavailable
for selection under the Alaska Native Claims Settlement
Act.
(j) MAPS.—The maps included as part of Appendix
A to the Agreement depict the lands to be conveyed to the
Aleut Corporation. The maps are on file at the Region 7
Office of the United States Fish and Wildlife Service and
327
the offices of the Alaska Maritime National Wildlife Refuge
in Homer, Alaska. The written legal descriptions of the
lands to be conveyed to the Aleut Corporation are also part
of Appendix A. In case of discrepancies, the maps shall con-
trol.
(k) DEFINITIONS.—In this section:
(1) The term ‘‘Agreement’’ means the agreement
ratified, confirmed, and approved under subsection
(a).
(2) The term ‘‘Aleut Corporation’’ means the
Alaskan Native Regional Corporation known as the
Aleut Corporation incorporated in the State of Alaska
pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.).
SEC. 2864. SPECIAL REQUIREMENTS FOR ADDING MILITARY
INSTALLATION TO CLOSURE LIST.
Section 2914(d) of the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note), as added by section 3003
of the Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 155 Stat,
1346), is amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
328
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4):
‘‘(4) LIMITATION ON AUTHORITY TO RECOMMEND
ADDITIONAL INSTALLATION FOR CLOSURE.—Notwith-
standing paragraph (3), the decision of the Commis-
sion to add a military installation to the Secretary’s
list of installations recommended for closure must be
unanimous, and at least two members of the Commis-
sion must have visited the installation during the pe-
riod of the Commission’s review of the list.’’.
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 ADMINISTRA-
TION.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2003 for the activities of the National
Nuclear Security Administration in carrying out programs
329
necessary for national security in the amount of
$8,034,349,000, to be allocated as follows:
(1) For weapons activities, $5,937,000,000.
(2) For defense nuclear nonproliferation activi-
ties, $1,074,630,000.
(3) For naval reactors, $706,790,000.
(4) For the Office of the Administrator for Nu-
clear Security, $315,929,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—
From funds referred to in subsection (a) that are available
for carrying out plant projects, the Secretary may carry
out new plant projects as follows:
(1) For weapons activities, the following new
plant projects:
Project 03–D–101, Sandia underground re-
actor facility (SURF), Sandia National Labora-
tories, Albuquerque, New Mexico, $2,000,000.
Project 03–D–103, project engineering and
design, various locations, $15,539,000.
Project 03–D–121, gas transfer capacity ex-
pansion, Kansas City Plant, Kansas City, Mis-
souri, $4,000,000.
Project 03–D–122, prototype purification
facility, Y–12 plant, Oak Ridge, Tennessee,
$20,800,000.
330
Project 03–D–123, special nuclear materials
requalification, Pantex plant, Amarillo, Texas,
$3,000,000.
(2) For naval reactors, the following new plant
project:
Project 03–D–201, cleanroom technology fa-
cility, Bettis Atomic Power Laboratory, West
Mifflin, Pennsylvania, $7,200,000.
SEC. 3102. ENVIRONMENTAL AND OTHER DEFENSE ACTIVI-
TIES.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2003 for environmental restoration
and waste management activities and other defense activi-
ties in carrying out programs necessary for national secu-
rity in the amount of $7,366,510,000, to be allocated as fol-
lows:
(1) For defense environmental restoration and
waste management, $4,544,133,000.
(2) For defense environmental management
cleanup reform in carrying out environmental res-
toration and waste management activities necessary
for national security programs, $800,000,000.
(3) 
For 
defense 
facilities 
closure 
projects,
$1,091,314,000.
331
(4) For defense environmental management pri-
vatization, $158,399,000.
(5) For other defense activities in carrying out
programs 
necessary 
for 
national 
security,
$457,664,000.
(6) For defense nuclear waste disposal for pay-
ment to the Nuclear Waste Fund established in sec-
tion 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)), $315,000,000.
(b) AUTHORIZATION OF NEW PLANT PROJECT.—From
funds referred to in subsection (a) that are available for
carrying out plant projects, the Secretary may carry out,
for environmental restoration and waste management ac-
tivities, the following new plant project:
Project 03–D–403, immobilized high-level waste
interim storage facility, Richland, Washington,
$6,363,000.
Subtitle B—Department of Energy
National 
Security 
Authoriza-
tions General Provisions
SEC. 3120. SHORT TITLE; DEFINITIONS.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Department of Energy National Security Authorizations
General Provisions Act’’.
(b) DEFINITIONS.—In this subtitle:
332
(1) The term ‘‘DOE national security authoriza-
tion’’ means an authorization of appropriations for
activities of the Department of Energy in carrying
out programs necessary for national security.
(2) The term ‘‘congressional defense committees’’
means—
(A) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
(B) the Committee on Armed Services and
the Committee on Appropriations of the House of
Representatives.
(3) The term ‘‘minor construction threshold’’
means $5,000,000.
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Except as provided in sections
3129 and 3130, the Secretary of Energy may not use
amounts appropriated pursuant to a DOE national secu-
rity authorization for a program—
(1) in amounts that exceed, in a fiscal year, the
amount authorized for that program by that author-
ization for that fiscal year; or
(2) which has not been presented to, or requested
of, Congress,
333
until the Secretary submits to the congressional defense
committees a report referred to in subsection (b) with re-
spect to that program and a period of 30 days has elapsed
after the date on which such committees receive the report.
(b) REPORT.—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.
(c) COMPUTATION OF DAYS.—In the computation of
the 30-day period under subsection (a), there shall be ex-
cluded any day on which either House of Congress is not
in session because of an adjournment of more than three
days to a day certain.
(d) LIMITATIONS.—
(1) TOTAL
AMOUNT
OBLIGATED.—In no event
may the total amount of funds obligated pursuant to
a DOE national security authorization for a fiscal
year exceed the total amount authorized to be appro-
priated by that authorization for that fiscal year.
(2) PROHIBITED
ITEMS.—Funds appropriated
pursuant to a DOE national security authorization
may not be used for an item for which Congress has
specifically denied funds.
334
SEC. 3122. MINOR CONSTRUCTION PROJECTS.
(a) AUTHORITY.—Using operation and maintenance
funds or facilities and infrastructure funds authorized by
a DOE national security authorization, the Secretary of
Energy may carry out minor construction projects.
(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 fiscal year. Each report shall provide
a brief description of each minor construction project cov-
ered by the report.
(c) COST VARIATION REPORTS TO CONGRESSIONAL
COMMITTEES.—If, at any time during the construction of
any minor construction project authorized by a DOE na-
tional security authorization, the estimated cost of the
project is revised and the revised cost of the project exceeds
the minor construction threshold, the Secretary shall imme-
diately submit to the congressional defense committees a re-
port 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 for
which the approved total estimated cost does not exceed the
minor construction threshold.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—
335
(1) CONSTRUCTION
COST
CEILING.—Except as
provided in paragraph (2), construction on a con-
struction project which is in support of national secu-
rity programs of the Department of Energy and was
authorized by a DOE national security authorization
may not be started, and additional obligations in
connection with the project above the total estimated
cost may not be incurred, whenever the current esti-
mated cost of the construction project exceeds by more
than 25 percent the higher of—
(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 budg-
et justification data submitted to Congress.
(2) 
EXCEPTION
WHERE
NOTICE-AND-WAIT
GIVEN.—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.
336
(3) COMPUTATION OF DAYS.—In the computation
of the 30-day period under paragraph (2), there shall
be excluded any day on which either House of Con-
gress is not in session because of an adjournment of
more than three days to a day certain.
(b) EXCEPTION FOR MINOR PROJECTS.—Subsection
(a) does not apply to a construction project with a current
estimated cost of less than the minor construction threshold.
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 a
DOE national security authorization to other Federal agen-
cies 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) TRANSFERS PERMITTED.—Subject to para-
graph (2), the Secretary of Energy may transfer
funds authorized to be appropriated to the Depart-
ment of Energy pursuant to a DOE national security
authorization 
between 
any 
such 
authorizations.
Amounts of authorizations so transferred may be
337
merged with and be available for the same purposes
and for the same period as the authorization to which
the amounts are transferred.
(2) MAXIMUM AMOUNTS.—Not more than 5 per-
cent of any such authorization may be transferred be-
tween 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 sub-
section 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 Committee on Armed Services of
the Senate and the Committee on Armed Services of the
House of Representatives of any transfer of funds to or from
any DOE national security authorization.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT OF CONCEPTUAL DESIGN.—
338
(1) IN GENERAL.—Subject to paragraph (2) and
except as provided in paragraph (3), before submit-
ting to Congress a request for funds for a construction
project that is in support of a national security pro-
gram of the Department of Energy, the Secretary of
Energy shall complete a conceptual design for that
project.
(2) 
REQUESTS
FOR
CONCEPTUAL
DESIGN
FUNDS.—If the estimated cost of completing a concep-
tual design for a construction project exceeds
$3,000,000, the Secretary shall submit to Congress a
request for funds for the conceptual design before sub-
mitting a request for funds for the construction
project.
(3) EXCEPTIONS.—The requirement in para-
graph (1) does not apply to a request for funds—
(A) for a construction project the total esti-
mated cost of which is less than the minor con-
struction threshold; or
(B) for emergency planning, design, and
construction activities under section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—
(1) IN GENERAL.—Within the amounts author-
ized by a DOE national security authorization, the
Secretary of Energy may carry out construction de-
339
sign (including architectural and engineering serv-
ices) in connection with any proposed construction
project if the total estimated cost for such design does
not exceed $600,000.
(2) SPECIFIC
AUTHORITY
REQUIRED.—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, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to a DOE national security authorization, including funds
authorized to be appropriated for advance planning, engi-
neering, and construction design, and for plant projects, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction 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 a construction
project until the Secretary has submitted to the congres-
340
sional 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 SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to a DOE
national security authorization for management and sup-
port activities and for general plant projects are available
for use, when necessary, in connection with all national se-
curity programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), amounts appropriated for operation and maintenance
or for plant projects may, when so specified in an appro-
priations Act, remain available until expended.
(b) EXCEPTION FOR NNSA FUNDS.—Amounts appro-
priated for the National Nuclear Security Administration
pursuant to a DOE national security authorization for a
fiscal year shall remain available to be expended—
341
(1) only until the end of that fiscal year, in the
case of amounts appropriated for the Office of the Ad-
ministrator for Nuclear Security; and
(2) only in that fiscal year and the two suc-
ceeding fiscal years, in all other cases.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of Energy
shall provide the manager of each field office of the Depart-
ment of Energy with the authority to transfer defense envi-
ronmental management funds from a program or project
under the jurisdiction of that office to another such program
or project.
(b) LIMITATIONS.—
(1) NUMBER
OF
TRANSFERS.—Not more than
one transfer may be made to or from any program
or project under subsection (a) in a fiscal year.
(2) 
AMOUNTS
TRANSFERRED.—The 
amount
transferred to or from a program or project in any
one transfer under subsection (a) may not exceed
$5,000,000.
(3) DETERMINATION
REQUIRED.—A transfer
may not be carried out by a manager of a field office
342
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 de-
fense environmental management funds at the
field office.
(4) IMPERMISSIBLE
USES.—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 au-
thorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—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 Manage-
ment, shall notify Congress of any transfer of funds pursu-
ant 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,
a program or project that is for environmental res-
toration or waste management activities necessary for
343
national security programs of the Department, that is
being carried out by that office, and for which defense
environmental management funds have been author-
ized and appropriated; and
(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.
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES
FUNDS.—The Secretary of Energy shall provide the man-
ager 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) NUMBER
OF
TRANSFERS.—Not more than
one transfer may be made to or from any program
or project under subsection (a) in a fiscal year.
(2) 
AMOUNTS
TRANSFERRED.—The 
amount
transferred to or from a program or project in any
one transfer under subsection (a) may not exceed
$5,000,000.
344
(3) DETERMINATION
REQUIRED.—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 effi-
ciencies.
(4) LIMITATION.—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) IMPERMISSIBLE
USES.—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 au-
thorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—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—
345
(1) the term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
a program or project that is for weapons activities
necessary for national security programs of the De-
partment, that is being carried out by that office, and
for which weapons activities funds have been author-
ized and appropriated; and
(2) the term ‘‘weapons activities funds’’ means
funds appropriated to the Department of Energy pur-
suant to an authorization for carrying out weapons
activities necessary for national security programs.
SEC. 3131. SCOPE OF AUTHORITY TO CARRY OUT PLANT
PROJECTS.
In carrying out programs necessary for national secu-
rity, the authority of the Secretary of Energy to carry out
plant projects includes authority for maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto.
346
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3141. ONE-YEAR EXTENSION OF PANEL TO ASSESS THE
RELIABILITY, SAFETY, AND SECURITY OF THE
UNITED STATES NUCLEAR STOCKPILE.
Section 3159 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121
note) is amended—
(1) in subsection (d), by striking ‘‘February 1,
2002,’’ and inserting ‘‘February 1 of 2002 and
2003,’’; and
(2) in subsection (g), by striking ‘‘three years’’
and all that follows through the period at the end and
inserting ‘‘April 1, 2003.’’.
SEC. 3142. TRANSFER TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION OF DEPARTMENT OF DE-
FENSE’S COOPERATIVE THREAT REDUCTION
PROGRAM RELATING TO ELIMINATION OF
WEAPONS GRADE PLUTONIUM IN RUSSIA.
(a) TRANSFER OF PROGRAM.—There are hereby trans-
ferred to the Administrator for Nuclear Security the fol-
lowing:
(1) The program, within the Cooperative Threat
Reduction program of the Department of Defense, re-
347
lating to the elimination of weapons grade plutonium
in Russia.
(2) All functions, powers, duties, and activities
of that program performed before the date of the en-
actment of this Act by the Department of Defense.
(b) TRANSFER OF ASSETS.—(1) So much of the prop-
erty, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with the program
transferred by subsection (a) are transferred to the Admin-
istrator for use in connection with the program transferred.
(2) Funds so transferred—
(A) shall be credited to the appropriation ac-
count of the Department of Energy for the activities
of the National Nuclear Security Administration in
carrying out defense nuclear nonproliferation activi-
ties; and
(B) remain subject to such limitations as applied
to such funds before such transfer.
(c) REFERENCES.—Any reference in any other Federal
law to the Secretary of Defense (or an officer of the Depart-
ment of Defense) or the Department of Defense shall, to the
extent such reference pertains to a function transferred by
this section, be deemed to refer to the Administrator for Nu-
348
clear Security or the National Nuclear Security Adminis-
tration, as applicable.
SEC. 3143. REPEAL OF REQUIREMENT FOR REPORTS ON OB-
LIGATION OF FUNDS FOR PROGRAMS ON
FISSILE MATERIALS IN RUSSIA.
Section 3131 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
617; 22 U.S.C. 5952 note) is amended—
(1) in subsection (a), by striking ‘‘(a) AUTHOR-
ITY.—’’; and
(2) by striking subsection (b).
SEC. 3144. ANNUAL CERTIFICATION TO THE PRESIDENT
AND CONGRESS ON THE CONDITION OF THE
UNITED STATES NUCLEAR WEAPONS STOCK-
PILE.
(a) CERTIFICATION REQUIRED.—(1) Not later than
January 15 of each year, each official specified in sub-
section (b)(1) shall submit to the Secretary concerned a cer-
tification regarding the safety, reliability, and performance
of each nuclear weapon type in the active stockpile of the
United States for which such official is responsible.
(2) Not later than February 1 of each year, the Sec-
retary of Defense and the Secretary of Energy shall each
submit to the President and the Congress—
349
(A) each certification, without change, submitted
under paragraph (1) to that Secretary;
(B) each report, without change, submitted under
subsection (d) to that Secretary;
(C) the comments of that Secretary with respect
to each such certification and each such report; and
(D) any other information that the Secretary
considers appropriate.
(b) COVERED OFFICIALS AND SECRETARIES.—(1) The
officials referred to in subsection (a) are the following:
(A) The head of each national security labora-
tory, as defined in section 3281 of the National Nu-
clear Security Administration Act (50 U.S.C. 2471).
(B) The commander of the United States Stra-
tegic Command.
(2) In this section, the term ‘‘Secretary concerned’’
means—
(A) the Secretary of Energy, with respect to mat-
ters concerning the Department of Energy; and
(B) the Secretary of Defense, with respect to
matters concerning the Department of Defense.
(c) USE OF ‘‘RED TEAMS’’ FOR LABORATORY CERTIFI-
CATIONS.—The head of each national security laboratory
shall, to assist in the certification process required by sub-
350
section (a), establish one or more teams of experts known
as ‘‘red teams’’. Each such team shall—
(1) subject to challenge the matters covered by
that laboratory’s certification, and submit the results
of such challenge, together with findings and rec-
ommendations, to the head of that laboratory; and
(2) carry out peer review of the certifications
carried out by the other laboratories, and submit the
results of such peer review to the head of the labora-
tory concerned.
(d) REPORT ACCOMPANYING CERTIFICATION.—Each
official specified in subsection (b)(1) shall submit with each
such certification a report on the stockpile stewardship and
management program of the Department of Energy. The
report shall include the following:
(1) An assessment of the adequacy of the science-
based tools and methods being used to determine the
matters covered by the certification.
(2) An assessment of the capability of the manu-
facturing infrastructure required by section 3137 of
the National Defense Authorization Act for Fiscal
Year 1996 (42 U.S.C. 2121 note) to identify and fix
any inadequacy with respect to the matters covered by
the certification.
351
(3) An assessment of the need of the United
States to resume testing of nuclear weapons and the
readiness of the United States to resume such testing,
together with an identification of the specific tests the
conduct of which might have value and the antici-
pated value of conducting such tests.
(4) An identification and discussion of any other
matter that adversely affects the ability to accurately
determine the matters covered by the certification.
(5) In the case of a report submitted by the head
of a national security laboratory, the findings and
recommendations submitted by the ‘‘red teams’’ under
subsection (c) that relate to such certification, and a
discussion of those findings and recommendations.
(6) In the case of a report submitted by the head
of a national security laboratory, a discussion of the
relative merits of other weapon types that could ac-
complish the mission of the weapon type covered by
such certification.
(e) CLASSIFIED FORM.—Each submission required by
this section shall be made only in classified form.
352
SEC. 3145. PLAN FOR ACHIEVING ONE-YEAR READINESS
POSTURE FOR RESUMPTION BY THE UNITED
STATES OF UNDERGROUND NUCLEAR WEAP-
ONS TESTS.
(a) PLAN REQUIRED.—The Secretary of Energy, in
consultation with the Administrator for Nuclear Security,
shall prepare a plan for achieving, not later than one year
after the date on which the plan is submitted under sub-
section (c), a one-year readiness posture for resumption by
the United States of underground nuclear weapons tests.
(b) DEFINITION.—For purposes of this section, a one-
year readiness posture for resumption by the United States
of underground nuclear weapons tests is achieved when the
Department of Energy has the capability to resume such
tests, if directed by the President to resume such tests, not
later than one year after the date on which the President
so directs.
(c) REPORT.—The Secretary shall include with the
budget justification materials submitted to Congress in sup-
port of the Department of Energy budget for fiscal year
2004 (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) a report
on the plan required by subsection (a). The report shall in-
clude the plan and a budget for implementing the plan.
353
Subtitle D—Matters Relating to De-
fense 
Environmental 
Manage-
ment
SEC. 
3151. 
DEFENSE 
ENVIRONMENTAL 
MANAGEMENT
CLEANUP REFORM PROGRAM.
(a) PROGRAM REQUIRED.—From funds made avail-
able pursuant to section 3102(a)(2) for defense environ-
mental management cleanup reform, the Secretary of En-
ergy shall carry out a program to reform DOE environ-
mental management activities. In carrying out the pro-
gram, the Secretary shall allocate, to each site for which
the Secretary has submitted to the congressional defense
committees a site performance management plan, the
amount of those funds that such plan requires.
(b) TRANSFER AND MERGER OF FUNDS.—Funds so al-
located shall, notwithstanding section 3124, be transferred
to the account for DOE environmental management activi-
ties and, subject to subsection (c), shall be merged with and
be available for the same purposes and for the same period
as the funds available in such account. The authority pro-
vided by section 3129 shall apply to funds so transferred.
(c) LIMITATION ON USE OF ALL MERGED FUNDS.—
Upon a transfer and merger of funds under subsection (b),
all funds in the merged account that are available with re-
354
spect to the site may be used only to carry out the site per-
formance management plan for such site.
(d) SITE PERFORMANCE MANAGEMENT PLAN DE-
FINED.—For purposes of this section, a site performance
management plan for a site is a plan, agreed to by the ap-
plicable Federal and State agencies with regulatory juris-
diction with respect to the site, for the performance of ac-
tivities to accelerate the reduction of environmental risk in
connection with, and to accelerate the environmental clean-
up of, the site.
(e) DOE ENVIRONMENTAL MANAGEMENT ACTIVITIES
DEFINED.—For purposes of this section, the term ‘‘DOE en-
vironmental management activities’’ means environmental
restoration and waste management activities of the Depart-
ment of Energy in carrying out programs necessary for na-
tional security.
SEC. 3152. REPORT ON STATUS OF ENVIRONMENTAL MAN-
AGEMENT INITIATIVES TO ACCELERATE THE
REDUCTION OF ENVIRONMENTAL RISKS AND
CHALLENGES POSED BY THE LEGACY OF THE
COLD WAR.
(a) REPORT REQUIRED.—The Secretary of Energy
shall prepare a report on the status of those environmental
management initiatives specified in subsection (b) that are
being undertaken to accelerate the reduction of the environ-
355
mental risks and challenges that, as a result of the legacy
of the Cold War, are faced by the Department of Energy,
contractors of the Department, and applicable Federal and
State agencies with regulatory jurisdiction.
(b) CONTENTS.—The report shall include the following
matters:
(1) A discussion of the progress made in reduc-
ing such risks and challenges in each of the following
areas:
(A) Acquisition strategy and contract man-
agement.
(B) Regulatory agreements.
(C) Interim storage and final disposal of
high-level waste, spent nuclear fuel, transuranic
waste, and low-level waste.
(D) Closure and transfer of environmental
remediation sites.
(E) Achievements in innovation by contrac-
tors of the Department with respect to acceler-
ated risk reduction and cleanup.
(F) Consolidation of special nuclear mate-
rials and improvements in safeguards and secu-
rity.
356
(2) An assessment of the progress made in
streamlining risk reduction processes of the environ-
mental management program of the Department.
(3) An assessment of the progress made in im-
proving the responsiveness and effectiveness of the en-
vironmental management program of the Department.
(4) Any proposals for legislation that the Sec-
retary considers necessary to carry out such initia-
tives, including the justification for each such pro-
posal.
(c) INITIATIVES COVERED.—The environmental man-
agement initiatives referred to in subsection (a) are the ini-
tiatives arising out of the report titled ‘‘Top-to-Bottom Re-
view of the Environmental Management Program’’ and
dated February 4, 2002, with respect to the environmental
restoration and waste management activities of the Depart-
ment of Energy in carrying out programs necessary for na-
tional security.
(d) SUBMISSION OF REPORT.—On the date on which
the budget justification materials in support of the Depart-
ment of Energy budget for fiscal year 2004 (as submitted
with the budget of the President under section 1105(a) of
title 31, United States Code) are submitted to Congress, the
Secretary shall submit to the congressional defense commit-
tees the report required by subsection (a).
357
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2003, $19,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE
STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2003, the National Defense Stockpile Manager may
obligate up to $76,400,000 of the funds in the National De-
fense Stockpile Transaction Fund established under sub-
section (a) of section 9 of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section,
including the disposal of hazardous materials that are envi-
ronmentally 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
358
emergency conditions necessitate the additional obligations.
The National Defense Stockpile Manager may make the ad-
ditional 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 pro-
vided in appropriations Acts.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $21,069,000 for fiscal
year 2003 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 sub-
section (a) shall remain available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2003.
Funds are hereby authorized to be appropriated for fis-
cal year 2003, to be available without fiscal year limitation
359
if so provided in appropriations Acts, for the use of the De-
partment of Transportation for the Maritime Administra-
tion as follows:
(1) For expenses necessary for operations and
training activities, $93,132,000.
(2) For expenses under the loan guarantee pro-
gram authorized by title XI of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1271 et seq.), $54,126,000,
of which—
(A) $50,000,000 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 guaran-
tees under the program; and
(B) $4,126,000 is for administrative ex-
penses related to loan guarantee commitments
under the program.
(3) For expenses to dispose of obsolete vessels in
the National Defense Reserve Fleet, including provi-
sion of assistance under section 7 of Public Law 92–
402 (as amended by this title), $20,000,000.
SEC. 3502. AUTHORITY TO CONVEY VESSEL USS SPHINX
(ARL–24).
(a) IN GENERAL.—Notwithstanding any other law, the
Secretary of Transportation may convey the right, title,
and interest of the United States Government in and to the
360
vessel USS SPHINX (ARL–24), to the Dunkirk Historical
Lighthouse and Veterans Park Museum (a not-for-profit
corporation, in this section referred to as the ‘‘recipient’’)
for use as a military museum, if—
(1) the recipient agrees to use the vessel as a
nonprofit military museum;
(2) the vessel is not used for commercial trans-
portation purposes;
(3) the recipient agrees to make the vessel avail-
able to the Government when the Secretary requires
use of the vessel by the Government;
(4) the recipient agrees that when the recipient
no longer requires the vessel for use as a military
museum—
(A) the recipient will, at the discretion of
the Secretary, reconvey the vessel to the Govern-
ment in good condition except for ordinary wear
and tear; or
(B) if the Board of Trustees of the recipient
has decided to dissolve the recipient according to
the laws of the State of New York, then—
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a per-
son that has been determined exempt from
taxation under the provisions of section
361
501(c)(3) of the Internal Revenue Code, or
to the Federal Government or a State or
local government for a public purpose; and
(ii) the vessel shall be disposed of by a
court of competent jurisdiction of the county
in which the principal office of the recipient
is located, for such purposes as the court
shall determine, or to such organizations as
the court shall determine are organized ex-
clusively for public purposes;
(5) the recipient agrees to hold the Government
harmless for any claims arising from exposure to as-
bestos after conveyance of the vessel, except for claims
arising from use by the Government under paragraph
(3) or (4); and
(6) the recipient has available, for use to restore
the vessel, in the form of cash, liquid assets, or a writ-
ten loan commitment, financial resources of at least
$100,000.
(b) DELIVERY OF VESSEL.—If a conveyance is made
under this Act, the Secretary shall deliver the vessel at the
place where the vessel is located on the date of enactment
of this Act, in its present condition, without cost to the Gov-
ernment.
362
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
may also convey any unneeded equipment from other vessels
in the National Defense Reserve Fleet in order to restore
the USS SPHINX (ARL–24) to museum quality.
(d) RETENTION OF VESSEL IN NDRF.—The Secretary
shall retain in the National Defense Reserve Fleet the vessel
authorized to be conveyed under subsection (a), until the
earlier of—
(1) 2 years after the date of the enactment of this
Act; or
(2) the date of conveyance of the vessel under
subsection (a).
SEC. 3503. FINANCIAL ASSISTANCE TO STATES FOR PREPA-
RATION OF TRANSFERRED OBSOLETE SHIPS
FOR USE AS ARTIFICIAL REEFS.
(a) IN GENERAL.—Public Law 92–402 (16 U.S.C.
1220 et seq.) is amended by redesignating section 7 as sec-
tion 8, and by inserting after section 6 the following:
‘‘SEC. 7. FINANCIAL ASSISTANCE TO STATE TO PREPARE
TRANSFERRED SHIP.
‘‘(a) ASSISTANCE AUTHORIZED.—The Secretary, sub-
ject to the availability of appropriations, may provide, to
any State to which an obsolete ship is transferred under
this Act, financial assistance to prepare the ship for use
as an artificial reef, including for—
363
‘‘(1) environmental remediation;
‘‘(2) towing; and
‘‘(3) sinking.
‘‘(b) AMOUNT OF ASSISTANCE.—The Secretary shall
determine the amount of assistance under this section with
respect to an obsolete ship based on—
‘‘(1) the total amount available for providing as-
sistance under this section;
‘‘(2) the benefit achieved by providing assistance
for that ship; and
‘‘(3) the cost effectiveness of disposing of the ship
by transfer under this Act and provision of assistance
under this section, compared to other disposal options
for the vessel.
‘‘(c) TERMS AND CONDITIONS.—The Secretary—
‘‘(1) shall require a State seeking assistance
under this section to provide cost data and other in-
formation determined by the Secretary to be necessary
to justify and document the assistance; and
‘‘(2) may require a State receiving such assist-
ance to comply with terms and conditions necessary
to protect the environment and the interests of the
United States.’’.
(b) CONFORMING AMENDMENT.—Section 4(4) of such
Act (16 U.S.C. 1220a(4)) is amended by inserting ‘‘(except
364
for any financial assistance provided under section 7)’’
after ‘‘at no cost to the Government’’.
SEC. 3504. INDEPENDENT ANALYSIS OF TITLE XI INSUR-
ANCE GUARANTEE APPLICATIONS.
Section 1104A of the Merchant Marine Act, 1936 (46
App. U.S.C. 1274) is amended—
(1) by adding at the end of subsection (d) the fol-
lowing:
‘‘(4) The Secretary may obtain independent analysis
of an application for a guarantee or commitment to guar-
antee under this title.’’; and
(2) in subsection (f) by inserting ‘‘(including for
obtaining independent analysis under subsection
(d)(4))’’ after ‘‘applications for a guarantee’’.
Amend the title so as to read: ‘‘A bill to authorize
appropriations for fiscal year 2003 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.’’.
Union Calendar No. 258
107TH CONGRESS
2D SESSION
H. R. 4546
[Report No. 107–436]
A BILL
To authorize appropriations for fiscal year 2003 for
military activities of the Department of Defense,
and for military construction, to prescribe mili-
tary personnel strengths for fiscal year 2003, and
for other purposes.
MAY 3, 2002
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed