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(2) in paragraph (2), by striking ‘‘the first
month that begins after the month in which this Act
is enacted’’ and inserting ‘‘December 1997’’; and
(3) by adding at the end the following new
paragraph:
‘‘(3) In the case of a person entitled to an annuity
under this section who applies for the annuity after the
date of the enactment of this paragraph, such annuity
shall be paid only for months beginning after the date on
which such application is submitted.’’.
(e) SPECIFICATION IN LAW OF CURRENT BENEFIT
AMOUNT.—Subsection (b) of such section is amended—
(1) in paragraph (1), by striking ‘‘$165’’ and
inserting ‘‘$185.58’’; and
(2) in paragraph (3)—
(A) by striking ‘‘the date of the enactment
of this Act’’ and inserting ‘‘May 1, 2002,’’; and
(B) by striking the last sentence.
Subtitle E—Reserve Component
Montgomery GI Bill
SEC. 651. EXTENSION OF MONTGOMERY GI BILL-SELECTED
RESERVE ELIGIBILITY PERIOD.
Section 16133(a) of title 10, United States Code, is
amended by striking ‘‘10-year’’ and inserting ‘‘14-year’’.
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(h) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘military treatment facility’’
means a medical facility under the jurisdiction of the
Secretary of a military department.
(2) The term ‘‘VA health care facility’’ means
a facility under the jurisdiction of the Veterans
Health Administration of the Department of Vet-
erans Affairs.
(i) PERFORMANCE REQUIREMENTS.—(1) The two
Secretaries shall provide for a joint review team to conduct
an annual on-site review at each of the project locations
selected by the Secretaries under this section. The review
team shall be comprised of employees of the Offices of the
Inspectors General of the two Departments. Leadership
of the joint review team shall rotate each fiscal year be-
tween an employee of the Office of the Inspector General
of the Department of Veterans Affairs, during even-num-
bered fiscal years, and an employee of the Office of Inspec-
tor General of the Department of Defense, during odd-
numbered fiscal years.
(2) On completion of their annual joint review under
paragraph (1), the review team shall submit a report to
the two Secretaries on the results of the review. The Secre-
taries shall forward the report, without change, to the
167
‘‘(1) A process for streamlined communications
between the Chairman of the Joint Chiefs of Staff, the
acquisition community, and the testing community.
‘‘(2) A process for expedited technical, pro-
grammatic, and financial decisions.
‘‘(3) An expedited procurement and contracting
process.
‘‘(c) SPECIFIC STEPS TO BE INCLUDED.—The proce-
dures established under subsection (a) shall provide for the
following:
‘‘(1) The commander of a unified combatant
command may notify the Chairman of the Joint
Chiefs of Staff of the need for an item described in
subsection (a) that is currently under development.
‘‘(2) The Chairman may request the Secretary of
Defense to use rapid acquisition and deployment pro-
cedures with respect to the item.
‘‘(3) The Secretary of Defense shall decide wheth-
er to use such procedures with respect to the item and
shall notify the Secretary of the appropriate military
department of the decision.
‘‘(4) If the Secretary of Defense decides to use
such procedures with respect to the item, the Sec-
retary of the military department shall prepare a
funding strategy for the rapid acquisition of the item
In managing the Initiative, the Manager shall report di-
rectly to the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
‘‘(2) The Secretary shall establish a board of direc-
tors (hereinafter in this section referred to as the ‘Board’),
composed of the acquisition executive of each military de-
partment, the members of the Joint Requirements Over-
sight Council, and the commander of the Joint Forces
Command. The Board shall assist the Manager in man-
aging the Initiative.
‘‘(3) The Secretary shall establish, under the auspices
of the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, a panel of highly qualified scientists
and engineers. The panel shall advise the Under Secretary
on matters relating to the Initiative.
‘‘(d) DUTIES
OF MANAGER.—The Manager shall
have following duties:
‘‘(1) To identify, in consultation with the
Board, promising technologies that have been dem-
onstrated in science and technology programs of the
Department.
‘‘(2) To identify potential sponsors in the De-
partment to undertake the transition of such tech-
nologies into production.
‘‘ ‘(D) Encouraging and supporting healthy 
marriages and married fatherhood through such 
activities as premarital education, including the 
use of premarital inventories, marriage prepara-
tion programs, skills-based marriage education 
programs, marital therapy, couples counseling, 
divorce education and reduction programs, di-
vorce mediation and counseling, relationship 
skills enhancement programs, including those 
designed to reduce child abuse and domestic vi-
olence, and dissemination of information about 
the benefits of marriage for both parents and 
children. 
‘‘ ‘(2) Through the projects and activities de-
scribed in paragraph (1), to improve outcomes for 
children with respect to measures such as increased 
family income and economic security, improved 
school performance, better health, improved emo-
tional and behavioral stability and social adjustment, 
and reduced risk of delinquency, crime, substance 
abuse, child abuse and neglect, teen sexual activity, 
and teen suicide. 
‘‘ ‘(3) To evaluate the effectiveness of various 
approaches and to disseminate findings concerning 
outcomes and other information in order to encour-
Operation Enduring Freedom. Funds authorized in the pre-
ceding sentence may only be used as provided in subsection
(b).
(b) TRANSFER AUTHORITY.—Subject to section 103,
the Secretary of Defense may, in the Secretary’s discretion,
transfer amounts authorized in subsection (a) to any fiscal
year 2003 military personnel or operation and mainte-
nance account of the Department of Defense for the purposes
stated in that subsection.
SEC. 102. WAR ON TERRORISM EQUIPMENT REPLACEMENT
AND ENHANCEMENT FUND.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated to the Department of
Defense for fiscal year 2003 the amount of $1,000,000,000,
to be available only in accordance with the purposes stated
in section 2 and to be used only as provided in subsection
(b).
(b) TRANSFER AUTHORITY.—Subject to section 103,
the Secretary of Defense may, in the Secretary’s discretion,
transfer amounts authorized in subsection (a) to any fiscal
year 2003 procurement or research, development, test, and
evaluation account of the Department of Defense for the
purpose of—
(1) emergency replacement of equipment and
munitions lost or expended in operations conducted
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(1) a means of recycling or reusing a significant
portion of coal combustion wastes produced by coal-
based generating units, excluding practices that are
commercially available by the date of enactment of
this subtitle;
(2) a means of capture and sequestering emis-
sions, including greenhouse gases, in a manner that
is more effective and substantially below the cost of
technologies that are in operation or that have been
demonstrated by the date of enactment of this subtitle;
(3) a means of controlling sulfur dioxide and ni-
trogen oxide or mercury in a manner that improves
environmental performance beyond technologies that
are in operation or that have been demonstrated by
the date of enactment of this subtitle—
(A) in the case of an existing unit, achieve
an overall thermal design efficiency improvement
compared to the efficiency of the unit as oper-
ated, of not less than—
(i) 7 percent for coal of more than
9,000 Btu;
(ii) 6 percent for coal of 7,000 to 9,000
Btu; or
(iii) 4 percent for coal of less than
7,000 Btu; or
Subtitle D—General Provisions
SEC. 231. COVERAGE UNDER OTHER PUBLIC HEALTH IN-
SURANCE.
(a) IN GENERAL.—The coverage described in sub-
section (b) shall be provided for any individual, partici-
pant, or beneficiary who has coverage under—
(1) the medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.);
(2) the medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.);
(3) the State Children’s Health Insurance Pro-
gram under title XXI of the Social Security Act (42
U.S.C. 1398 et seq.);
(4) a health plan offered under chapter 89 of
title 5, United States Code;
(5) programs offered by the Department of De-
fense;
(6) a medical care program of the Indian
Health Service or of a tribal organization; and
(7) a health benefit plan under section 5(e) of
the Peace Corps Act (22 U.S.C. 2504(e)).
(b) COVERAGE DESCRIBED.—The coverage described
in this subsection is—
(1) the coverage described in section 2708 of
the Public Health Service Act (as added by section
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(c)(5) for the sharing of health-care resources be-
tween the two Departments.
‘‘(C) Any recommendation made under sub-
section (c)(4) of this section during such fiscal year.
‘‘(D) A review of the sharing agreements en-
tered into under subsection (e) of this section and a
summary of activities under such agreements during
such fiscal year and a description of the results of
such agreements in improving access to, and the
quality and cost effectiveness of, the health care pro-
vided by the Veterans Health Administration and
the Military Health System to the beneficiaries of
both Departments.
‘‘(E) A summary of other planning and activi-
ties involving either Department in connection with
promoting the coordination and sharing of Federal
health-care resources during the preceding fiscal
year.
‘‘(F) Such recommendations for legislation as
the two Secretaries consider appropriate to facilitate
the sharing of health-care resources between the two
Departments.
‘‘(3) In addition to the matters specified in paragraph
(2), the two Secretaries shall include in the annual report
under this subsection an overall status report of the
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Subtitle B—Financial Management
Sec. 911. Pecuniary liability equalizations.
Sec. 912. Accountable officials in the Department of Defense.
Sec. 913. Failure to participate satisfactorily; penalties.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer of funds within acquisition programs; procedures and limi-
tations.
Sec. 1002. Reimbursement for service intelligence support.
Sec. 1003. Authority to waive reimbursement of Asia-Pacific Center for Secu-
rity Studies charges.
Sec. 1004. Cross-fiscal year cooperative agreements for environmental purposes.
Subtitle B—Repeal and Revision of Various Reporting Requirements
Sec. 1011. Repeal of various reports required of the Department of Defense.
Sec. 1012. Frequency of certain surveys; section 481 of title 10.
Sec. 1013. Quadrennial defense review.
Subtitle C—Other Matters
Sec. 1021. Explosives Safety Board.
Sec. 1022. Authorize Army and Air Force to provide base operating support to
Fisher Houses.
Sec. 1023. Eligibility of intelligence senior-level employees for presidential rank
awards.
Sec. 1024. Amendment to authority for acceptance by Asia-Pacific Center for
Security Studies of foreign gifts and donations.
TITLE XI—MATTERS RELATING TO OTHER NATIONS
Sec. 1101. Expansion of authority to conduct the Arctic Military Environ-
mental Cooperation Program.
Sec. 1102. Use of Warsaw Initiative funds for travel of officials from partner
countries.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2002
projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 2000
project.
Sec. 2107. Modification of authority to carry out certain fiscal year 1999
project.
Sec. 2108. Modification of authority to carry out certain fiscal year 1997
project.
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TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification to carry out certain fiscal year 2002 project.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES.
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2000 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1999 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction and Military Family Housing
Sec. 2801. Alternative authority for acquisition and improvement of military
housing.
Sec. 2802. Repeal of source requirements for overseas family housing construc-
tion.
Subtitle B—Real Property and Facilities Administration
Sec. 2803. Conveyance of surplus real property for natural resource conserva-
tion purposes.
Sec. 2804. Leasing of military family housing in Korea.
Sec. 2805. Program on reduction in long-term facility maintenance costs.
Sec. 2806. Boundary Channel Drive site land acquisition, Arlington, Virginia.
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Subtitle C—Other Matters
Sec. 2810. Environmental restoration project.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 2003 for procurement of the Army as follows:
(1) For aircraft, $2,061,027,000.
(2) For missiles, $1,642,296,000.
(3) For weapons and tracked combat vehicles,
$2,248,558,000.
(4) For ammunition, $1,159,426,000.
(5) For other procurement, $5,168,453,000.
(6) For chemical agents and munitions destruc-
tion, $1,490,199,000 for—
(A) the destruction of lethal chemical
weapons in accordance with section 1412 of the
Department of Defense Authorization Act,
1986 (50 U.S.C. 1521) and
(B) the destruction of chemical warfare
material of the United States that is not cov-
ered by section 1412 of such Act.
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TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel
Policy
SEC. 501. ESTABLISH ADDITIONAL DEPUTY COMMANDANT
BILLET.
Section 5045 of title 10, United States Code, is
amended by striking ‘‘five’’ and inserting ‘‘six’’.
Subtitle B—Reserve Component
Personnel Policy
SEC. 511. AUTHORITY FOR LIMITED EXTENSION OF MED-
ICAL DEFERMENT OF MANDATORY RETIRE-
MENT OR SEPARATION FOR RESERVE OFFI-
CERS.
(a) DEFERMENT OF RETIREMENT OR SEPARATION
FOR MEDICAL REASONS.—Chapter 1407 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 14519. Deferment of retirement or separation for
medical reasons
‘‘(a) If the Secretary of the military department con-
cerned determines that the evaluation of the physical con-
dition of an officer and determination of the officer’s enti-
tlement to retirement or separation for physical disability
require hospitalization or medical observation and that
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such hospitalization or medical observation cannot be com-
pleted with confidence in a manner consistent with the
member’s well being before the date on which the officer
would otherwise be required to separate, retire, or transfer
to the retired reserve under this title, the Secretary may
defer the separation or retirement or transfer of the officer
under this title.
‘‘(b) A deferral of separation, retirement or transfer
under subsection (a) may not extend for more than 30
days after competition of the evaluation requiring hos-
pitalization or medical observation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘14519. Deferment of retirement or separation for medical reasons.’’.
SEC. 512. CHANGE DEFINITION OF WEAPON OF MASS DE-
STRUCTION.
(a) SELECTED RESERVE AND INDIVIDUAL READY
RESERVE SUPPORT FOR RESPONSES TO CERTAIN EMER-
GENCIES.—Section 12304(i)(2) of title 10, United States
Code, is amended by striking ‘‘section 1403 of the Defense
Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2302(1))’’ and inserting ‘‘section 2332a(c)(2) of
title 18’’.
(b) RESERVE AND NATIONAL GUARD DUTIES RE-
LATING TO DEFENSE AGAINST WEAPONS OF MASS DE-
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STRUCTION.—Section 12310(c)(1) of such title is amend-
ed by striking ‘‘section 1403 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2302(1))’’ and inserting ‘‘section 2332a(c)(2) of title 18’’.
SEC. 513. EXPANSION OF RESERVE COMPONENT DELAYED
TRAINING PROGRAM.
Section 12103(d) of title 10, United States Code, is
amended by striking ‘‘270 days’’ and inserting ‘‘one year’’.
Subtitle C—Military Spouses and
Survivor Benefit Plan Matters
SEC. 521. PROHIBITING PAYMENTS OF RETIRED PAY FROM
MEMBERS ON ACTIVE DUTY.
Paragraph (3) of section 1408(c) of title 10, United
States Code, is amended by adding at the end the fol-
lowing new sentence: ‘‘With respect to any divorce, dis-
solution of marriage, annulment, or legal separation, re-
gardless of when the divorce, dissolution of marriage, an-
nulment, or legal separation took or takes effect, a court
shall not order a member on active duty, while the member
remains on active duty, to make a payment to a spouse
or former spouse when such payment is attributable to the
treatment of disposable retired pay as the property of the
member and member’s spouse.’’.
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SEC. 522. REVOCATION OF ‘‘TEN-YEAR RULE’’ FOR DIRECT
PAYMENT OF RETIRED PAY.
(a) REVOCATION
OF
TEN-YEAR
RULE.—Section
1408(d) of title 10, United States Code, is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through
(7) as paragraphs (2) through (6), respectively.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the first day of the first
month which begins more than 120 days after the date
of enactment of this Act and shall apply only to payments
of retired pay for periods beginning on or after the effec-
tive date of this section in the case of any former spouse
of a member or former member of the uniformed services.
SEC. 523. INCREASES FOR DIVISIONS OF RETIRED PAY EX-
PRESSED AS A DOLLAR AMOUNT.
(a) MONETARY
AMOUNT
ADJUSTMENT.—Section
1408(a)(2)(C) of title 10, United States Code, is amended
by striking ‘‘expressed in dollars’’ and inserting ‘‘ex-
pressed as a specific dollar amount, with such amount,
if so ordered, being adjusted in the same manner and at
the same time as retired pay is adjusted to reflect changes
in the Consumer Price Index under section 1401a of this
title,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to court orders that
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become effective after the end of the 90-day period begin-
ning on the date of enactment of this Act.
SEC. 524. ALLOWING MEMBER TO SUBMIT APPLICATION
FOR DIRECT PAYMENT.
(a) PERMIT APPLICATION FOR DIRECT PAYMENT BY
MEMBER.—The first sentence of paragraph (1) of section
1408(d) of title 10, United States Code, is amended by
inserting ‘‘by a member or former member or the spouse
or former spouse of such member’’ after ‘‘the Secretary
concerned’’.
(b) CONDITIONS
FOR DIRECT PAYMENT.—Section
1408(d) of such title is amended by adding at the end
the following new paragraph:
‘‘(8) A former spouse who accepts payment
shall be deemed—
‘‘(A) to have consented and agreed to the
recovery of any future overpayments, including
recovery by involuntary collection from the
former spouse or his or her estate; and
‘‘(B) to have agreed to give prompt notice
in writing to the Secretary if—
‘‘(i) the operative court order upon
which payment is based is vacated, modi-
fied, or set aside;
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‘‘(ii) the former spouse remarries, if
all or a part of the payment is for alimony;
or
‘‘(iii) the former spouse is ineligible
for child support payments due to the
death, emancipation, adoption, or attain-
ment of a child whose support is provided
through direct payment to a former spouse
from retired pay.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to applications for direct payment
of retired pay submitted to the Secretary concerned after
the end of the 90-day period beginning on the date of en-
actment of this Act.
SEC. 525. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE
COURT ORDER UPON REQUEST.
(a) ALLOW MEMBER TO WAIVE NOTICE AND PRO-
VIDE COURT ORDER UPON REQUEST.—Section 1408(g)
of title 10, United States Code, is amended—
(1) by striking ‘‘A person’’ and inserting ‘‘Un-
less notice is waived by the member, a person’’; and
(2) by striking ‘‘(together with a copy of such
order)’’ and inserting ‘‘and, upon request, a copy of
such order’’.
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(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to court orders received by the Sec-
retary concerned after the end of the 90-day period begin-
ning on the date of enactment of this Act.
Subtitle D—Military Justice
Matters
SEC. 531. COURTS-MARTIAL FOR THE NATIONAL GUARD
WHEN NOT IN FEDERAL SERVICE.
(a) COMPOSITION, JURISDICTION, 
AND
PROCE-
DURES.—Section 326 of title 32, United States Code, is
amended by striking the second sentence and inserting the
following: ‘‘They may have the jurisdiction, powers, and
forms and procedures provided for those courts. Punish-
ments shall be as provided by the laws of the respective
states, territories, Puerto Rico, or the District of Colum-
bia’’.
(b) GENERAL
COURTS-MARTIAL
OF
NATIONAL
GUARD NOT IN FEDERAL SERVICE.—Section 327 of title
32, United States Code, is amended by striking sub-
sections (a) and (b) in their entirety and inserting the fol-
lowing:
‘‘In the National Guard not in Federal service, gen-
eral, special, and summary courts-martial may be con-
vened as provided by the laws of the respective states, ter-
ritories, Puerto Rico, or the District of Columbia. General