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under a contract entered into by the Department
of Defense and the issuer of the card; and
‘‘(B) is to be used for charging expenses in-
curred by the employee or member in connection
with official travel.
‘‘(2) The term ‘disposable pay’, with respect to a
pay period, means the amount equal to the excess of
the amount of basic pay payable for the pay period
over the total of the amounts deducted and withheld
from such pay.’’.
(b) CONFORMING AMENDMENT.—Subsection (a) of
such section is amended by striking ‘‘, acting through the
Under Secretary of Defense (Comptroller),’’.
SEC. 1010. CLEARANCE OF CERTAIN TRANSACTIONS RE-
CORDED IN TREASURY SUSPENSE ACCOUNTS
AND 
RESOLUTION 
OF 
CERTAIN 
CHECK
ISSUANCE DISCREPANCIES.
(a) CLEARING OF SUSPENSE ACCOUNTS.—(1) In the
case of any transaction that was entered into by or on be-
half of the Department of Defense before March 1, 2001,
that is recorded in the Department of Treasury Budget
Clearing Account (Suspense) designated as account F3875,
the Unavailable Check Cancellations and Overpayments
(Suspense) designated as account F3880, or an Undistrib-
uted Intergovernmental Payments account designated as ac-
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count F3885, and for which no appropriation for the De-
partment of Defense has been identified—
(A) any undistributed collection credited to such
account in such case shall be deposited to the mis-
cellaneous receipts of the Treasury; and
(B) subject to paragraph (2), any undistributed
disbursement recorded in such account in such case
shall be canceled.
(2) An undistributed disbursement may not be can-
celed under paragraph (1) until the Secretary of Defense
has made a written determination that the appropriate offi-
cial or officials of the Department of Defense have attempted
without success to locate the documentation necessary to
demonstrate which appropriation should be charged and
further efforts are not in the best interests of the United
States.
(b) RESOLUTION
OF CHECK ISSUANCE DISCREP-
ANCIES.—(1) In the case of any check drawn on the Treas-
ury that was issued by or on behalf of the Department of
Defense before October 31, 1998, for which the Secretary of
the Treasury has reported to the Department of Defense a
discrepancy between the amount paid and the amount of
the check as transmitted to the Department of Treasury,
and for which no specific appropriation for the Department
of Defense can be identified as being associated with the
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check, the discrepancy shall be canceled, subject to para-
graph (2).
(2) A discrepancy may not be canceled under para-
graph (1) until the Secretary of Defense has made a written
determination that the appropriate official or officials of
the Department of Defense have attempted without success
to locate the documentation necessary to demonstrate which
appropriation should be charged and further efforts are not
in the best interests of the United States.
(c) CONSULTATION.—The Secretary of Defense shall
consult the Secretary of the Treasury in the exercise of the
authority granted by subsections (a) and (b).
(d) DURATION OF AUTHORITY.—(1) A particular un-
distributed disbursement may not be canceled under sub-
section (a) more than 30 days after the date of the written
determination made by the Secretary of Defense under such
subsection regarding that undistributed disbursement.
(2) A particular discrepancy may not be canceled
under subsection (b) more than 30 days after the date of
the written determination made by the Secretary of Defense
under such subsection regarding that discrepancy.
(3) No authority may be exercised under this section
after the date that is two years after the date of the enact-
ment of this Act.
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SEC. 1011. ADDITIONAL AMOUNT FOR BALLISTIC MISSILE
DEFENSE OR COMBATING TERRORISM IN AC-
CORDANCE WITH NATIONAL SECURITY PRI-
ORITIES OF THE PRESIDENT.
(a) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to other amounts authorized to be appropriated by
other provisions of this division, there is hereby authorized
to be appropriated for the Department of Defense for fiscal
year 2003, $814,300,000 for whichever of the following pur-
poses the President determines that the additional amount
is necessary in the national security interests of the United
States:
(1) Research, development, test, and evaluation
for ballistic missile defense programs of the Depart-
ment of Defense.
(2) Activities of the Department of Defense for
combating terrorism at home and abroad.
(b) OFFSET.—The total amount authorized to be ap-
propriated under the other provisions of this division is
hereby reduced by $814,300,000 to reflect the amounts that
the Secretary determines unnecessary by reason of a revi-
sion of assumptions regarding inflation that are applied
as a result of the midsession review of the budget conducted
by the Office of Management and Budget during the spring
and early summer of 2002.
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(c) PRIORITY FOR ALLOCATING FUNDS.—In the ex-
penditure of additional funds made available by a lower
rate of inflation, the top priority shall be the use of such
funds for Department of Defense activities for protecting the
American people at home and abroad by combating ter-
rorism at home and abroad.
SEC. 1012. AVAILABILITY OF AMOUNTS FOR OREGON ARMY
NATIONAL GUARD FOR SEARCH AND RESCUE
AND MEDICAL EVACUATION MISSIONS IN AD-
VERSE WEATHER CONDITIONS.
(a) INCREASE
IN AUTHORIZATION
OF APPROPRIA-
TIONS FOR ARMY PROCUREMENT.—The amount authorized
to be appropriated by section 101(1) for procurement for
the Army for aircraft is hereby increased by $3,000,000.
(b) AVAILABILITY.—Of the amount authorized to be
appropriated by section 101(1) for procurement for the
Army for aircraft, as increased by subsection (a),
$3,000,000 shall be available for the upgrade of three UH–
60L Blackhawk helicopters of the Oregon Army National
Guard to the capabilities of UH–60Q Search and Rescue
model helicopters, including Star Safire FLIR, Breeze-
Eastern External Rescue Hoist, and Air Methods COTS
Medical Systems upgrades, in order to improve the utility
of such UH–60L Blackhawk helicopters in search and res-
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cue and medical evacuation missions in adverse weather
conditions.
(c) INCREASE IN AUTHORIZATION OF APPROPRIATIONS
FOR MILITARY PERSONNEL.—The amount authorized to be
appropriated by section 421 for military personnel is here-
by increased by $1,800,000.
(d) AVAILABILITY.—Of the amount authorized to be
appropriated by section 421 for military personnel, as in-
creased by subsection (d), $1,800,000 shall be available for
up to 26 additional personnel for the Oregon Army Na-
tional Guard.
(e) OFFSET.—The amount authorized to be appro-
priated by section 301(a)(1) for operation and maintenance
for the Army is hereby reduced by $4,800,000, with the
amount of the reduction to be allocated to Base Operations
Support (Servicewide Support).
Subtitle B—Naval Vessels and
Shipyards
SEC. 1021. NUMBER OF NAVY SURFACE COMBATANTS IN AC-
TIVE AND RESERVE SERVICE.
(a) CONTINGENT REQUIREMENT FOR REPORT.—If, on
the date of the enactment of this Act, the total number of
Navy ships comprising the force of surface combatants is
less than 116, the Secretary of the Navy shall submit a re-
port on the size of that force to the Committees on Armed
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Services of the Senate and the House of Representatives.
The report shall be submitted not later than 90 days after
such date and shall include a risk assessment for such force
that is based on the same assumptions as those that were
applied in the QDR 2001 current force risk assessment.
(b) LIMITATION ON REDUCTION.—The force of surface
combatants may not be reduced at any time after the date
of the enactment of this Act from a number of ships (wheth-
er above, equal to, or below 116) to a number of ships below
116 before the date that is 90 days after the date on which
the Secretary of the Navy submits to the committees referred
to in subsection (a) a written notification of the reduction.
The notification shall include the following information:
(1) The schedule for the reduction.
(2) The number of ships that are to comprise the
reduced force of surface combatants.
(3) A risk assessment for the reduced force that
is based on the same assumptions as those that were
applied in the QDR 2001 current force risk assess-
ment.
(c) PRESERVATION OF SURGE CAPABILITY.—Whenever
the total number of Navy ships comprising the force of sur-
face combatants is less than 116, the Secretary of the Navy
shall maintain on the Naval Vessel Register a sufficient
number of surface combatant ships to enable the Navy to
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regain a total force of 116 surface combatant ships in active
and reserve service in the Navy within 120 days after the
President decides to increase the force of surface combatants.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘force of surface combatants’’
means the surface combatant ships in active and re-
serve service in the Navy.
(2) The term ‘‘QDR 2001 current force risk as-
sessment’’ means the risk assessment associated with
a force of 116 surface combatant ships in active and
reserve service in the Navy that is set forth in the re-
port on the quadrennial defense review submitted to
Congress on September 30, 2001, under section 118 of
title 10, United States Code.
SEC. 1022. PLAN FOR FIELDING THE 155-MILLIMETER GUN
ON A SURFACE COMBATANT.
(a) REQUIREMENT FOR PLAN.—The Secretary of the
Navy shall submit to Congress a plan for fielding the 155-
millimeter gun on one surface combatant ship in active
service in the Navy. The Secretary shall submit the plan
at the same time that the President submits the budget for
fiscal year 2004 to Congress under section 1105(a) of title
31, United States Code.
(b) FIELDING ON EXPEDITED SCHEDULE.—The plan
shall provide for fielding the 155-millimeter gun on an ex-
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pedited schedule that is consistent with the achievement of
safety of operation and fire support capabilities meeting the
fire support requirements of the Marine Corps, but not later
than October 1, 2006.
SEC. 1023. REPORT ON INITIATIVES TO INCREASE OPER-
ATIONAL DAYS OF NAVY SHIPS.
(a) REQUIREMENT FOR REPORT ON INITIATIVES.—(1)
The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a report on Department of Defense initiatives to in-
crease the number of operational days of Navy ships as de-
scribed in subsection (b).
(2) The report shall cover the ongoing Department of
Defense initiatives as well as potential initiatives that are
under consideration within the Department of Defense.
(b) INITIATIVES WITHIN LIMITS OF EXISTING FLEET
AND DEPLOYMENT POLICY.—The Under Secretary shall, in
the report, assess the feasibility and identify the projected
effects of conducting initiatives that have the potential to
increase the number of operational days of Navy ships
available to the commanders-in-chief of the regional unified
combatant commands without increasing the number of
Navy ships and without increasing the routine lengths of
deployments of Navy ships above six months.
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(c) REQUIRED FOCUS AREAS.—The report shall, at a
minimum, address the following four focus areas:
(1) Assignment of additional ships, including
submarines, to home ports closer to the areas of oper-
ation for the ships (known as ‘‘forward home-
porting’’).
(2) Assignment of ships to remain in a forward
area of operations, together with rotation of crews for
each ship so assigned.
(3) Retention of ships for use until the end of the
full service life, together with investment of the funds
necessary to support retention to that extent.
(4) Prepositioning of additional ships with,
under normal circumstances, small crews in a for-
ward area of operations.
(d) TIME FOR SUBMITTAL.—The report shall be sub-
mitted at the same time that the President submits the
budget for fiscal year 2004 to Congress under section
1105(a) of title 31, United States Code.
SEC. 1024. ANNUAL LONG-RANGE PLAN FOR THE CON-
STRUCTION OF SHIPS FOR THE NAVY.
(a) FINDINGS.—Congress makes the following findings:
(1) Navy ships provide a forward presence for
the United States that is a key to the national defense
of the United States.
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(2) The Navy has demonstrated that its ships
contribute significantly to homeland defense.
(3) The Navy’s ship recapitalization plan is in-
adequate to maintain the ship force structure that is
described as the current force in the 2001 Quadren-
nial Defense Review.
(4) The Navy is decommissioning ships as much
as 10 years earlier than the projected ship life upon
which ship replacement rates are based.
(5) The current force was assessed in the 2001
Quadrennial Defense Review as having moderate to
high risk, depending on the scenario considered.
(b) ANNUAL SHIP CONSTRUCTION PLAN.—(1) Chapter
9 of title 10, United States Code, is amended by adding
at the end the following new section:
‘‘§ 231. Annual ship construction plan
‘‘(a) ANNUAL SHIP CONSTRUCTION PLAN.—The Sec-
retary of Defense shall include in the defense budget mate-
rials for each fiscal year a plan for the construction of com-
batant and support ships for the Navy that—
‘‘(1) supports the National Security Strategy; or
‘‘(2) if there is no National Security Strategy in
effect, supports the ship force structure called for in
the report of the latest Quadrennial Defense Review.
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‘‘(b) CONTENT.—The ship construction plan included
in the defense budget materials for a fiscal year shall pro-
vide in detail for the construction of combatant and support
ships for the Navy over the 30 consecutive fiscal years begin-
ning with the fiscal year covered by the defense budget mate-
rials and shall include the following matters:
‘‘(1) A description of the necessary ship force
structure of the Navy.
‘‘(2) The estimated levels of funding necessary to
carry out the plan, together with a discussion of the
procurement strategies on which such estimated fund-
ing levels are based.
‘‘(3) A certification by the Secretary of Defense
that both the budget for the fiscal year covered by the
defense budget materials and the future-years defense
program submitted to Congress in relation to such
budget under section 221 of this title provide for
funding ship construction for the Navy at a level that
is sufficient for the procurement of the ships provided
for in the plan on schedule.
‘‘(4) If the budget for the fiscal year provides for
funding ship construction at a level that is not suffi-
cient for the recapitalization of the force of Navy
ships at the annual rate necessary to sustain the
force, an assessment (coordinated with the com-
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manders of the combatant commands in advance)
that describes and discusses the risks associated with
the reduced force structure that will result from fund-
ing ship construction at such insufficient level.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘budget’, with respect to a fiscal
year, means the budget for such fiscal year that is
submitted to Congress by the President under section
1105(a) of title 31.
‘‘(2) The term ‘defense budget materials’, with
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in sup-
port of the budget for such fiscal year.
‘‘(3) The term ‘Quadrennial Defense Review’
means the Quadrennial Defense Review that is car-
ried out under section 118 of this title.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘231. Annual ship construction plan.’’.
Subtitle C—Reporting
Requirements
SEC. 1031. REPEAL AND MODIFICATION OF VARIOUS RE-
PORTING REQUIREMENTS APPLICABLE WITH
RESPECT TO THE DEPARTMENT OF DEFENSE.
(a) PROVISIONS OF TITLE 10.—Title 10, United States
Code, is amended as follows:
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(1)(A) Section 183 is repealed.
(B) The table of sections at the beginning of
chapter 7 is amended by striking the item relating to
section 183.
(2)(A) Sections 226 and 230 are repealed.
(B) The table of sections at the beginning of
chapter 9 is amended by striking the items relating
to sections 226 and 230.
(3) Effective two years after the date of the en-
actment of this Act—
(A) section 483 is repealed; and
(B) the table of sections at the beginning of
chapter 23 is amended by striking the item relat-
ing to section 483.
(4) Section 526 is amended by striking sub-
section (c).
(5) Section 721(d) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ before ‘‘If an officer’’.
(6) Section 1095(g) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ after ‘‘(g)’’.
(7) Section 1798 is amended by striking sub-
section (d).
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(8) Section 1799 is amended by striking sub-
section (d).
(9) Section 2220 is amended—
(A) by striking subsections (b) and (c);
(B) by striking ‘‘(1)’’ after ‘‘ESTABLISH-
MENT OF GOALS.—’’; and
(C) by striking ‘‘(2) The’’ and inserting
‘‘(b) EVALUATION OF COST GOALS.—The’’.
(10) Section 2350a(g) is amended by striking
paragraph (4).
(11) Section 2350f is amended by striking sub-
section (c).
(12) Section 2350k is amended by striking sub-
section (d).
(13) Section 2367(d) is amended by striking
‘‘EFFORT.—(1) In the’’ and all that follows through
‘‘(2) After the close of’’ and inserting ‘‘EFFORT.—
After the close of’’.
(14) Section 2391 is amended by striking sub-
section (c).
(15) Section 2486(b)(12) is amended by striking
‘‘, except that’’ and all that follows and inserting the
following: ‘‘, except that the Secretary shall notify
Congress of any addition of, or change in, a merchan-
dise category under this paragraph.’’.
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(16) Section 2492 is amended by striking sub-
section (c) and inserting the following:
‘‘(c) NOTIFICATION OF CONDITIONS NECESSITATING
RESTRICTIONS.—The Secretary of Defense shall notify Con-
gress of any change proposed or made to any of the host
nation laws or any of the treaty obligations of the United
States, and any changed conditions within host nations, if
the change would necessitate the use of quantity or other
restrictions on purchases in commissary and exchange
stores located outside the United States.’’.
(17)(A) Section 2504 is repealed.
(B) The table of sections at the beginning of sub-
chapter II of chapter 148 is amended by striking the
item relating to section 2504.
(18) Section 2506—
(A) is amended by striking subsection (b);
and
(B) by striking ‘‘(a) DEPARTMENTAL GUID-
ANCE.—’’.
(19) Section 2537(a) is amended by striking
‘‘$100,000’’ and inserting ‘‘$10,000,000’’.
(20) Section 2611 is amended by striking sub-
section (e).
(21) Section 2667(d) is amended by striking
paragraph (3).
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(22) Section 2813 is amended by striking sub-
section (c).
(23) Section 2827 is amended—
(A) by striking subsection (b); and
(B) by striking ‘‘(a) Subject to subsection
(b), the Secretary’’ and inserting ‘‘The Sec-
retary’’.
(24) Section 2867 is amended by striking sub-
section (c).
(25) Section 4416 is amended by striking sub-
section (f).
(26) Section 5721(f) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ after the subsection
heading.
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 1995.—Section 553(b) of the National De-
fense Authorization Act for Fiscal Year 1995 (Public Law
103–337; 108 Stat. 2772; 10 U.S.C. 4331 note) is amended
by striking the last sentence.
(c) BALLISTIC MISSILE DEFENSE ACT OF 1995.—Sec-
tion 234 of the Ballistic Missile Defense Act of 1995 (sub-
title C of title II of Public Law 104–106; 10 U.S.C. 2431
note) is amended by striking subsection (f).
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SEC. 1032. ANNUAL REPORT ON WEAPONS TO DEFEAT
HARDENED AND DEEPLY BURIED TARGETS.
(a) ANNUAL REPORT.—Not later than April 1, 2003,
and each year thereafter, the Secretary of Defense, Secretary
of Energy, and Director of Central Intelligence shall jointly
submit to the congressional defense committees a report on
the research and development activities undertaken by their
respective agencies during the preceding fiscal year to de-
velop a weapon to defeat hardened and deeply buried tar-
gets.
(b) REPORT ELEMENTS.—The report for a fiscal year
under subsection (a) shall—
(1) include a discussion of the integration and
interoperability of the various programs to develop a
weapon referred to in that subsection that were under-
taken during such fiscal year, including a discussion
of the relevance of such programs to applicable deci-
sions of the Joint Requirements Oversight Council;
and
(2) set forth separately a description of the re-
search and development activities, if any, to develop
a weapon referred to in that subsection that were un-
dertaken during such fiscal year by each military de-
partment, the Department of Energy, and the Central
Intelligence Agency.
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SEC. 1033. REVISION OF DATE OF ANNUAL REPORT ON
COUNTERPROLIFERATION 
ACTIVITIES 
AND
PROGRAMS.
Section 1503(a) of the National Defense Authorization
Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended
by striking ‘‘February 1 of each year’’ and inserting ‘‘May
1 each year’’.
SEC. 1034. QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) REQUIREMENT FOR REVIEW.—Chapter 23 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 488. Quadrennial quality of life review
‘‘(a) REVIEW REQUIRED.—(1) The Secretary of De-
fense shall every four years, two years after the submission
of the quadrennial defense review to Congress under section
118 of this title, conduct a comprehensive examination of
the quality of life of the members of the armed forces (to
be known as the ‘quadrennial quality of life review’). The
review shall include examination of the programs, projects,
and activities of the Department of Defense, including the
morale, welfare, and recreation activities.
‘‘(2) The quadrennial review shall be designed to result
in determinations, and to foster policies and actions, that
reflect the priority given the quality of life of members of
the armed forces as a primary concern of the Department
of Defense leadership.
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‘‘(b) CONDUCT OF REVIEW.—Each quadrennial qual-
ity of life review shall be conducted so as—
‘‘(1) to assess quality of life priorities and issues
consistent with the most recent National Security
Strategy prescribed by the President pursuant to sec-
tion 108 of the National Security Act of 1947 (50
U.S.C. 404a);
‘‘(2) to identify actions that are needed in order
to provide members of the armed forces with the qual-
ity of life reasonably necessary to encourage the suc-
cessful execution of the full range of missions that the
members are called on to perform under the national
security strategy;
‘‘(3) to provide a full accounting of the backlog
of installations in need of maintenance and repair, to
determine how the disrepair affects performance and
quality of life of members and their families, and to
identify the budget plan that would be required to
provide the resources necessary to remedy the backlog
of maintenance and repair; and
‘‘(4) to identify other actions that have the po-
tential for improving the quality of life of the mem-
bers of the armed forces.
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‘‘(c) CONSIDERATIONS.—Among the matters considered
by the Secretary in conducting the quadrennial review, the
Secretary shall include the following matters:
‘‘(1) Infrastructure.
‘‘(2) Military construction.
‘‘(3) Physical conditions at military installa-
tions and other Department of Defense facilities.
‘‘(4) Budget plans.
‘‘(5) Adequacy of medical care for members of
the armed forces and their dependents.
‘‘(6) Adequacy of housing and the basic allow-
ance for housing and basic allowance for subsistence.
‘‘(7) Housing-related utility costs.
‘‘(8) Educational opportunities and costs.
‘‘(9) Length of deployments.
‘‘(10) Rates of pay, and pay differentials be-
tween the pay of members and the pay of civilians.
‘‘(11) Retention and recruiting efforts.
‘‘(12) Workplace safety.
‘‘(13) Support services for spouses and children.
‘‘(14) Other elements of Department of Defense
programs and Federal Government policies and pro-
grams that affect the quality of life of members.
‘‘(d) SUBMISSION OF QQLR TO CONGRESSIONAL COM-
MITTEES.—The Secretary shall submit a report on each
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quadrennial quality of life review to the Committees on
Armed Services of the Senate and the House of Representa-
tives. The report shall be submitted not later than Sep-
tember 30 of the year in which the review is conducted. The
report shall include the following:
‘‘(1) The results of the review, including a com-
prehensive discussion of how the quality of life of
members of the armed forces affects the national secu-
rity strategy of the United States.
‘‘(2) The long-term quality of life problems of the
armed forces, together with proposed solutions.
‘‘(3) The short-term quality of life problems of
the armed forces, together with proposed solutions.
‘‘(4) The assumptions used in the review.
‘‘(5) The effects of quality of life problems on the
morale of the members of the armed forces.
‘‘(6) The quality of life problems that affect the
morale of members of the reserve components in par-
ticular, together with solutions.
‘‘(7) The effects of quality of life problems on
military preparedness and readiness.
‘‘(8) The appropriate ratio of—
‘‘(A) the total amount expended by the De-
partment of Defense in a fiscal year for pro-
grams, projects, and activities designed to im-
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prove the quality of life of members of the armed
forces, to
‘‘(B) the total amount expended by the De-
partment of Defense in the fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘488. Quadrennial quality of life review.’’.
SEC. 1035. REPORTS ON EFFORTS TO RESOLVE WHERE-
ABOUTS AND STATUS OF CAPTAIN MICHAEL
SCOTT SPEICHER, UNITED STATES NAVY.
(a) REPORTS.— Not later than 60 days after the date
of the enactment of this Act, and every 90 days thereafter,
the Secretary of Defense shall, in consultation with the Sec-
retary of State and the Director of Central Intelligence, sub-
mit to Congress a report on the efforts of the United States
Government to determine the whereabouts and status of
Captain Michael Scott Speicher, United States Navy.
(b) PERIOD COVERED BY REPORTS.—The first report
under subsection (a) shall cover efforts described in that sub-
section preceding the date of the report, and each subsequent
report shall cover efforts described in that subsection during
the 90-day period ending on the date of such report.
(c) REPORT ELEMENTS.—Each report under sub-
section (a) shall describe, for the period covered by such
report—
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(1) all direct and indirect contacts with the Gov-
ernment of Iraq, or any successor government, regard-
ing the whereabouts and status of Michael Scott
Speicher;
(2) any request made to the government of an-
other country, including the intelligence service of
such country, for assistance in resolving the where-
abouts and status of Michael Scott Speicher, includ-
ing the response to such request;
(3) each current lead on the whereabouts and
status of Michael Scott Speicher, including an assess-
ment of the utility of such lead in resolving the where-
abouts and status of Michael Scott Speicher; and
(4) any cooperation with nongovernmental orga-
nizations or international organizations in resolving
the whereabouts and status of Michael Scott Speicher,
including the results of such cooperation.
(d) FORM
OF REPORTS.—Each report under sub-
section (a) shall be submitted in classified form, but may
include an unclassified summary.
SEC. 1036. REPORT ON EFFORTS TO ENSURE ADEQUACY OF
FIRE FIGHTING STAFFS AT MILITARY INSTAL-
LATIONS.
Not later than Mary 31, 2003, the Secretary of Defense
shall submit to Congress a report on the actions being un-
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dertaken to ensure that the fire fighting staffs at military
installations are adequate under applicable Department of
Defense regulations.
SEC. 1037. REPORT ON DESIGNATION OF CERTAIN LOU-
ISIANA HIGHWAY AS DEFENSE ACCESS ROAD.
Not later than March 1, 2003, the Secretary of the
Army shall submit to the congressional defense committees
a report containing the results of a study on the advis-
ability of designating Louisiana Highway 28 between Alex-
andria, Louisiana, and Leesville, Louisiana, a road pro-
viding access to the Joint Readiness Training Center, Lou-
isiana, and to Fort Polk, Louisiana, as a defense access
road for purposes of section 210 of title 23, United States
Code.
SEC. 1038. PLAN FOR FIVE-YEAR PROGRAM FOR ENHANCE-
MENT OF MEASUREMENT AND SIGNATURES
INTELLIGENCE CAPABILITIES.
(a) FINDING.—Congress finds that the national inter-
est will be served by the rapid exploitation of basic research
on sensors for purposes of enhancing the measurement and
signatures intelligence (MASINT) capabilities of the Fed-
eral Government.
(b) PLAN FOR PROGRAM.—(1) Not later than March
30, 2003, the Director of the Central Measurement and Sig-
natures Intelligence Office shall submit to Congress a plan
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for a five-year program of research intended to provide for
the incorporation of the results of basic research on sensors
into the measurement and signatures intelligence systems
fielded by the Federal Government, including the review
and assessment of basic research on sensors for that purpose.
(2) Activities under the plan shall be carried out by
a consortium consisting of such governmental and non-gov-
ernmental entities as the Director considers appropriate for
purposes of incorporating the broadest practicable range of
sensor capabilities into the systems referred to in paragraph
(1). The consortium may include national laboratories, uni-
versities, and private sector entities.
(3) The plan shall include a proposal for the funding
of activities under the plan, including cost-sharing by non-
governmental participants in the consortium under para-
graph (2).
SEC. 1039. REPORT ON VOLUNTEER SERVICES OF MEMBERS
OF THE RESERVE COMPONENTS IN EMER-
GENCY RESPONSE TO THE TERRORIST AT-
TACKS OF SEPTEMBER 11, 2001.
(a) REQUIREMENT FOR REPORT.—Not later than 90
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on volunteer services described in subsection (b) that
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were provided by members of the National Guard and other
reserve components of the Armed Forces, while not in a duty
status pursuant to orders, during the period of September
11 through 14, 2001. The report shall include a discussion
of any personnel actions that the Secretary considers appro-
priate for the members regarding the performance of such
services.
(b) COVERED SERVICES.—The volunteer services re-
ferred to in subsection (a) are as follows:
(1) Volunteer services provided in the vicinity of
the site of the World Trade Center, New York, New
York, in support of emergency response to the ter-
rorist attack on the World Trade Center on September
11, 2001.
(2) Volunteer services provided in the vicinity of
the Pentagon in support of emergency response to the
terrorist attack on the Pentagon on September 11,
2001.
SEC. 1040. BIANNUAL REPORTS ON CONTRIBUTIONS TO
PROLIFERATION OF WEAPONS OF MASS DE-
STRUCTION 
AND 
DELIVERY 
SYSTEMS 
BY
COUNTRIES OF PROLIFERATION CONCERN.
(a) REPORTS.—Not later than six months after the
date of the enactment of this Act, and every six months
thereafter, the President shall submit to Congress a report
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identifying each foreign person that, during the six-month
period ending on the date of such report, made a material
contribution to the development by a country of prolifera-
tion concern of—
(1) nuclear, biological, or chemical weapons; or
(2) ballistic or cruise missile systems.
(b) FORM OF SUBMITTAL.—(1) A report under sub-
section (a) may be submitted in classified form, whether
in whole or in part, if the President determines that sub-
mittal in that form is advisable.
(2) Any portion of a report under subsection (a) that
is submitted in classified form shall be accompanied by an
unclassified summary of such portion.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘foreign person’’ means—
(A) a natural person that is an alien;
(B) a corporation, business association,
partnership, society, trust, or any other non-
governmental entity, organization, or group that
is organized under the laws of a foreign country
or has its principal place of business in a foreign
country;
(C) any foreign governmental entity oper-
ating as a business enterprise; and
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(D) any successor, subunit, or subsidiary of
any entity described in subparagraph (B) or (C).
(2) The term ‘‘country of proliferation concern’’
means any country identified by the Director of Cen-
tral Intelligence as having engaged in the acquisition
of dual-use and other technology useful for the devel-
opment or production of weapons of mass destruction
(including nuclear, chemical, and biological weapons)
and advanced conventional munitions in the most
current report under section 721 of the Combatting
Proliferation of Weapons of Mass Destruction Act of
1996 (title VII of Public Law 104–293; 50 U.S.C.
2366), or any successor report on the acquisition by
foreign countries of dual-use and other technology use-
ful for the development or production of weapons of
mass destruction.
Subtitle D—Homeland Defense
SEC. 1041. HOMELAND SECURITY ACTIVITIES OF THE NA-
TIONAL GUARD.
(a) AUTHORITY.—Chapter 1 of title 32, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 116. Homeland security activities
‘‘(a) USE OF PERSONNEL PERFORMING FULL-TIME
NATIONAL GUARD DUTY.—The Governor of a State may,
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upon the request by the head of a Federal law enforcement
agency and with the concurrence of the Secretary of Defense,
order any personnel of the National Guard of the State to
perform full-time National Guard duty under section 502(f)
of this title for the purpose of carrying out homeland secu-
rity activities, as described in subsection (b).
‘‘(b) PURPOSE AND DURATION.—(1) The purpose for
the use of personnel of the National Guard of a State under
this section is to temporarily provide trained and dis-
ciplined personnel to a Federal law enforcement agency to
assist that agency in carrying out homeland security activi-
ties until that agency is able to recruit and train a suffi-
cient force of Federal employees to perform the homeland
security activities.
‘‘(2) The duration of the use of the National Guard
of a State under this section shall be limited to a period
of 179 days. The Governor of the State may, with the con-
currence of the Secretary of Defense, extend the period one
time for an additional 90 days to meet extraordinary cir-
cumstances.
‘‘(c) RELATIONSHIP
TO
REQUIRED
TRAINING.—A
member of the National Guard serving on full-time Na-
tional Guard duty under orders authorized under sub-
section (a) shall participate in the training required under
section 502(a) of this title in addition to the duty performed
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for the purpose authorized under that subsection. The pay,
allowances, and other benefits of the member while partici-
pating in the training shall be the same as those to which
the member is entitled while performing duty for the pur-
pose of carrying out homeland security activities. The mem-
ber is not entitled to additional pay, allowances, or other
benefits for participation in training required under section
502(a)(1) of this title.
‘‘(d) READINESS.—To ensure that the use of units and
personnel of the National Guard of a State for homeland
security activities does not degrade the training and readi-
ness of such units and personnel, the following requirements
shall apply in determining the homeland security activities
that units and personnel of the National Guard of a State
may perform:
‘‘(1) The performance of the activities may not
adversely affect the quality of that training or other-
wise interfere with the ability of a member or unit of
the National Guard to perform the military functions
of the member or unit.
‘‘(2) National Guard personnel will not degrade
their military skills as a result of performing the ac-
tivities.
‘‘(3) The performance of the activities will not
result in a significant increase in the cost of training.
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‘‘(4) In the case of homeland security performed
by a unit organized to serve as a unit, the activities
will support valid unit training requirements.
‘‘(e) PAYMENT OF COSTS.—(1) The Secretary of De-
fense shall provide funds to the Governor of a State to pay
costs of the use of personnel of the National Guard of the
State for the performance of homeland security activities
under this section. Such funds shall be used for the following
costs:
‘‘(A) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses (including all
associated training expenses, as determined by the
Secretary), as authorized by State law, of personnel
of the National Guard of that State used, while not
in Federal service, for the purpose of homeland secu-
rity activities.
‘‘(B) The operation and maintenance of the
equipment and facilities of the National Guard of
that State used for the purpose of homeland security
activities.
‘‘(2) The Secretary of Defense shall require the head
of a law enforcement agency receiving support from the Na-
tional Guard of a State in the performance of homeland
security activities under this section to reimburse the De-
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partment of Defense for the payments made to the State
for such support under paragraph (1).
‘‘(f) MEMORANDUM OF AGREEMENT.—The Secretary of
Defense and the Governor of a State shall enter into a
memorandum of agreement with the head of each Federal
law enforcement agency to which the personnel of the Na-
tional Guard of that State are to provide support in the
performance of homeland security activities under this sec-
tion. The memorandum of agreement shall—
‘‘(1) specify how personnel of the National
Guard are to be used in homeland security activities;
‘‘(2) include a certification by the Adjutant Gen-
eral of the State that those activities are to be per-
formed at a time when the personnel are not in Fed-
eral service;
‘‘(3) include a certification by the Adjutant Gen-
eral of the State that—
‘‘(A) participation by National Guard per-
sonnel in those activities is service in addition to
training required under section 502 of this title;
and
‘‘(B) the requirements of subsection (d) of
this section will be satisfied;
‘‘(4) include a certification by the Attorney Gen-
eral of the State (or, in the case of a State with no
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position of Attorney General, a civilian official of the
State equivalent to a State attorney general), that the
use of the National Guard of the State for the activi-
ties provided for under the memorandum of agree-
ment is authorized by, and is consistent with, State
law;
‘‘(5) include a certification by the Governor of
the State or a civilian law enforcement official of the
State designated by the Governor that the activities
provided for under the memorandum of agreement
serve a State law enforcement purpose; and
‘‘(6) include a certification by the head of the
Federal law enforcement agency that the agency will
have a plan to ensure that the agency’s requirement
for National Guard support ends not later than 179
days after the commencement of the support.
‘‘(g) EXCLUSION FROM END-STRENGTH COMPUTA-
TION.—Notwithstanding any other provision of law, mem-
bers of the National Guard on active duty or full-time Na-
tional Guard duty for the purposes of administering (or
during fiscal year 2003 otherwise implementing) this sec-
tion shall not be counted toward the annual end strength
authorized for reserves on active duty in support of the re-
serve components of the armed forces or toward the strengths
authorized in sections 12011 and 12012 of title 10.
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‘‘(h) ANNUAL REPORT.—The Secretary of Defense shall
submit to Congress an annual report regarding any assist-
ance provided and activities carried out under this section
during the preceding fiscal year. The report shall include
the following:
‘‘(1) The number of members of the National
Guard excluded under subsection (g) from the com-
putation of end strengths.
‘‘(2) A description of the homeland security ac-
tivities conducted with funds provided under this sec-
tion.
‘‘(3) An accounting of the amount of funds pro-
vided to each State.
‘‘(4) A description of the effect on military train-
ing and readiness of using units and personnel of the
National Guard to perform homeland security activi-
ties under this section.
‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed as a limitation on the authority of
any unit of the National Guard of a State, when such unit
is not in Federal service, to perform law enforcement func-
tions authorized to be performed by the National Guard by
the laws of the State concerned.
‘‘(j) DEFINITIONS.—For purposes of this section:
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‘‘(1) The term ‘Governor of a State’ means, in
the case of the District of Columbia, the Commanding
General of the National Guard of the District of Co-
lumbia.
‘‘(2) The term ‘State’ means each of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, or a territory or possession of the
United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such section is amended by adding at the
end the following new item:
‘‘116. Homeland security activities.’’.
SEC. 1042. CONDITIONS FOR USE OF FULL-TIME RESERVES
TO PERFORM DUTIES RELATING TO DEFENSE
AGAINST WEAPONS OF MASS DESTRUCTION.
Section 12310(c)(3) of title 10, United States Code, is
amended by striking ‘‘only—’’ and all that follows through
‘‘(B) while assigned’’ and inserting ‘‘only while assigned’’.
SEC. 1043. WEAPON OF MASS DESTRUCTION DEFINED FOR
PURPOSES OF THE AUTHORITY FOR USE OF
RESERVES TO PERFORM DUTIES RELATING
TO DEFENSE AGAINST WEAPONS OF MASS DE-
STRUCTION.
(a) WEAPON OF MASS DESTRUCTION REDEFINED.—
Section 12304(i)(2) of title 10, United States Code, is
amended to read as follows:
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‘‘(2) The term ‘weapon of mass destruction’
means—
‘‘(A) any weapon that is designed or,
through its use, is intended to cause death or se-
rious bodily injury through the release, dissemi-
nation, or impact of toxic or poisonous chemicals
or their precursors;
‘‘(B) any weapon that involves a disease or-
ganism;
‘‘(C) any weapon that is designed to release
radiation or radioactivity at a level dangerous to
human life; and
‘‘(D) any large conventional explosive that
is designed to produce catastrophic loss of life or
property.’’.
(b) CONFORMING AMENDMENT.—Section 12310(c)(1)
of such title 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 12304(i)(2) of
this title’’.
SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE HOME-
LAND DEFENSE ACTIVITIES.
(a) REPORT REQUIRED.—Not later than February 1,
2003, the Secretary of Defense shall submit to the congres-
sional defense committees a report on what actions of the
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Department of Defense would be necessary to carry out the
Secretary’s expressed intent—
(1) to place new emphasis on the unique oper-
ational demands associated with the defense of the
United States homeland; and
(2) to restore the mission of defense of the United
States to the position of being the primary mission of
the Department of Defense.
(b) CONTENT OF THE REPORT.—The report shall con-
tain, in accordance with the other provisions of this section,
the following matters:
(1) HOMELAND
DEFENSE
CAMPAIGN
PLAN.—A
homeland defense campaign plan.
(2) INTELLIGENCE.—A discussion of the relation-
ship between—
(A) the intelligence capabilities of—
(i) the Department of Defense; and
(ii) other departments and agencies of
the United States; and
(B) the performance of the homeland defense
mission.
(3) 
THREAT
AND
VULNERABILITY
ASSESS-
MENT.—A compliance-based national threat and vul-
nerability assessment.
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(4) TRAINING AND EXERCISING.—A discussion of
the Department of Defense plans for training and ex-
ercising for the performance of the homeland defense
mission.
(5) BIOTERRORISM INITIATIVE.—An evaluation
of the need for a Department of Defense bioterrorism
initiative to improve the ability of the department to
counter bioterror threats and to assist other agencies
to improve the national ability to counter bioterror
threats.
(6) CHEMICAL BIOLOGICAL INCIDENT RESPONSE
TEAMS.—An evaluation of the need for and feasibility
of developing and fielding Department of Defense re-
gional chemical biological incident response teams.
(7) OTHER MATTERS.—Any other matters that
the Secretary of Defense considers relevant regarding
the efforts necessary to carry out the intent referred
to in subsection (a).
(c) HOMELAND DEFENSE CAMPAIGN PLAN.—
(1) ORGANIZATION, PLANNING, AND INTEROPER-
ABILITY.—
(A) IN
GENERAL.—The homeland defense
campaign plan under subsection (b)(1) shall con-
tain a discussion of the organization and plan-
ning of the Department of Defense for homeland
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defense, including the expectations for interoper-
ability of the Department of Defense with other
departments and agencies of the Federal Govern-
ment and with State and local governments.
(B) CONTENT.—The plan shall include the
following matters:
(i) The duties, definitions, missions,
goals, and objectives of organizations in the
Department of Defense that apply homeland
defense, together with an organizational as-
sessment with respect to the performance of
the homeland defense mission and a discus-
sion of any plans for making functional re-
alignments of organizations, authorities,
and responsibilities for carrying out that
mission.
(ii) The relationships among the lead-
ers of the organizations (including the Sec-
retary of Defense, the Joint Chiefs of Staff,
the Commander in Chief of United States
Northern Command, the Commanders in
Chief of the other regional unified combat-
ant commands, and the reserve components)
in the performance of such duties.
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(iii) The reviews, evaluations, and
standards that are established or are to be
established for determining and ensuring
the readiness of the organizations to per-
form such duties.
(2) RESPONSE TO ATTACK ON CRITICAL INFRA-
STRUCTURE.—
(A) IN
GENERAL.—The homeland defense
campaign plan shall contain an outline of the
duties and capabilities of the Department of De-
fense for responding to an attack on critical in-
frastructure of the United States, including re-
sponding to an attack on critical infrastructure
of the department, by means of a weapon of mass
destruction or a CBRNE weapon or by a cyber
means.
(B) VARIOUS ATTACK SCENARIOS.—The out-
line shall specify, for each major category of at-
tack by a means described in subparagraph (A),
the variations in the duties, responses, and capa-
bilities of the various Department of Defense or-
ganizations that result from the variations in the
means of the attack.
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(C) DEFICIENCIES.—The outline shall iden-
tify any deficiencies in capabilities and set forth
a plan for rectifying any such deficiencies.
(D) LEGAL
IMPEDIMENTS.—The outline
shall identify and discuss each impediment in
law to the effective performance of the homeland
defense mission.
(3) ROLES
AND
RESPONSIBILITIES
IN
INTER-
AGENCY PROCESS.—
(A) IN
GENERAL.—The homeland defense
campaign plan shall contain a discussion of the
roles and responsibilities of the Department of
Defense in the interagency process of policy-
making and planning for homeland defense.
(B) INTEGRATION WITH STATE AND LOCAL
ACTIVITIES.—The homeland defense campaign
plan shall include a discussion of Department of
Defense plans to integrate Department of Defense
homeland defense activities with the homeland
defense activities of other departments and agen-
cies of the United States and the homeland de-
fense activities of State and local governments,
particularly with regard to issues relating to
CBRNE and cyber attacks.
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(d) INTELLIGENCE CAPABILITIES.—The discussion of
the relationship between the intelligence capabilities and the
performance of the homeland defense mission under sub-
section (b)(2) shall include the following matters:
(1) ROLES AND MISSIONS.—The roles and mis-
sions of the Department of Defense for the employ-
ment of the intelligence capabilities of the department
in homeland defense.
(2) INTERAGENCY
RELATIONSHIPS.—A discus-
sion of the relationship between the Department of
Defense and the other departments and agencies of the
United States that have duties for collecting or ana-
lyzing intelligence in relation to homeland defense,
particularly in light of the conflicting demands of du-
ties relating to the collection and analysis of domestic
intelligence and duties relating to the collection and
analysis of foreign intelligence.
(3) 
INTELLIGENCE-RELATED
CHANGES.—Any
changes that are necessary in the Department of De-
fense in order to provide effective intelligence support
for the performance of homeland defense missions,
with respect to—
(A) the preparation of threat assessments
and other warning products by the Department
of Defense;