IB
Union Calendar No. 113
107TH CONGRESS
1ST SESSION
H. R. 2586
[Report No. 107–194]
To authorize appropriations for fiscal year 2002 for military activities of
the Department of Defense, to prescribe military personnel strengths
for fiscal year 2002, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 2001
Mr. STUMP (for himself and Mr. SKELTON) (both by request) introduced the
following bill; which was referred to the Committee on Armed Services
SEPTEMBER 4, 2001
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 23, 2001]
A BILL
To authorize appropriations for fiscal year 2002 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 2002, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2002’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health programs.
Subtitle B—Army Programs
Sec. 111. Extension of multiyear contract for Family of Medium Tactical Vehi-
cles.
Sec. 112. Repeal of limitations on bunker defeat munitions program.
Subtitle C—Air Force Programs
Sec. 121. Responsibility of Air Force for contracts for all defense space launches.
Sec. 122. Multi-year procurement of C–17 aircraft.
Subtitle D—Chemical Munitions Destruction
Sec. 141. Destruction of existing stockpile of lethal chemical agents and muni-
tions.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Cooperative Department of Defense-Department of Veterans Affairs
medical research program.
Sec. 212. Advanced Land Attack Missile program.
Sec. 213. Collaborative program for development of advanced radar systems for
naval applications.
Subtitle C—Ballistic Missile Defense
Sec. 231. Transfer of responsibility for procurement for missile defense programs
from Ballistic Missile Defense Organization to military depart-
ments.
Sec. 232. Repeal of program element requirements for ballistic missile defense
programs.
Sec. 233. Support of ballistic missile defense activities of the Department of De-
fense by the national defense laboratories of the Department of
Energy.
Sec. 234. Missile defense testing initiative.
Sec. 235. Missile Defense System Test Bed Facilities.
Subtitle D—Other Matters
Sec. 241. Establishment of unmanned aerial vehicle joint operational test bed sys-
tem.
Sec. 242. Demonstration project to increase small business and university partici-
pation in Office of Naval Research efforts to extend benefits of
science and technology research to fleet.
Sec. 243. Management responsibility for Navy mine countermeasures programs.
Sec. 244. Program to accelerate the introduction of innovative technology in de-
fense acquisition programs.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B—Environmental Provisions
Sec. 311. Inventory of explosive risk sites at former military ranges.
Sec. 312. National security impact statements.
Sec. 313. Reimbursement for certain costs in connection with Hooper Sands site,
South Berwick, Maine.
Sec. 314. River mitigation studies.
Sec. 315. Elimination of annual report on contractor reimbursement for costs of
environmental response actions.
Subtitle C—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 321. Reserve component commissary benefits.
Sec. 322. Reimbursement for noncommissary use of commissary facilities.
Sec. 323. Civil recovery for nonappropriated fund instrumentality costs related to
shoplifting.
Subtitle D—Workforce and Depot Issues
Sec. 331. Fiscal year 2002 limitations on workforce reviews.
Sec. 332. Applicability of core logistics capability requirements to nuclear air-
craft carriers.
Sec. 333. Continuation of contractor manpower reporting system in Department
of the Army.
Sec. 334. Limitation on expansion of Wholesale Logistics Modernization Pro-
gram.
Sec. 335. Pilot project for exclusion of certain expenditures from limitation on
private sector performance of depot-level maintenance.
Sec. 336. Protections for purchasers of articles and services manufactured or per-
formed by working-capital funded industrial facilities of the De-
partment of Defense.
Subtitle E—Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian
employees.
Sec. 342. Availability of auxiliary services of defense dependents’ education sys-
tem for dependents who are home school students.
Sec. 343. Report regarding compensation for teachers employed in teaching posi-
tions in overseas schools operated by the Department of Defense.
Subtitle F—Other Matters
Sec. 351. Availability of excess defense personal property to support Department
of Veterans Affairs initiative to assist homeless veterans.
Sec. 352. Continuation of limitations on implementation of Navy-Marine Corps
Intranet contract.
Sec. 353. Completion and evaluation of current demonstration programs to im-
prove quality of personal property shipments of members.
Sec. 354. Expansion of entities eligible for loan, gift, and exchange of documents,
historical artifacts, and obsolete combat materiel.
Subtitle G—Service Contracting Reform
Sec. 361. Short title.
Sec. 362. Required cost savings level for change of function to contractor perform-
ance.
Sec. 363. Applicability of study and reporting requirements to new commercial
or industrial type functions.
Sec. 364. Repeal of waiver for small functions.
Sec. 365. Requirement for equity in public-private competitions.
Sec. 366. Reporting requirements regarding Department of Defense’s service con-
tractor workforce.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of Reserve personnel serving on active duty or
full-time National Guard duty in certain grades for administra-
tion of Reserve components.
Subtitle C—Other Matters Relating to Personnel Strengths
Sec. 421. Increase in percentage by which active component end strengths for any
fiscal year may be increased.
Sec. 422. Active duty end strength exemption for National Guard and reserve per-
sonnel performing funeral honors functions.
Sec. 423. Increase in authorized strengths for Air Force officers on active duty
in the grade of major.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—General Personnel Management Authorities
Sec. 501. Enhanced flexibility for management of senior general and flag officer
positions.
Sec. 502. Original appointments in regular grades for Academy graduates and
certain other new officers.
Sec. 503. Temporary reduction of time-in-grade requirement for eligibility for
promotion for certain active-duty list officers in grades of first
lieutenant and lieutenant (junior grade).
Sec. 504. Increase in senior enlisted active duty grade limit for Navy, Marine
Corps, and Air Force.
Sec. 505. Authority for limited extension of medical deferment of mandatory re-
tirement or separation.
Sec. 506. Authority for limited extension on active duty of members subject to
mandatory retirement or separation.
Sec. 507. Clarification of disability severance pay computation.
Sec. 508. Officer in charge of United States Navy Band.
Sec. 509. One-year extension of expiration date for certain force management au-
thorities.
Subtitle B—Reserve Component Personnel Policy
Sec. 511. Placement on active-duty list of certain reserve officers on active duty
for a period of three years or less.
Sec. 512. Expanded application of Reserve special selection boards.
Sec. 513. Exception to baccalaureate degree requirement for appointment of re-
serve officers to grades above first lieutenant.
Sec. 514. Improved disability benefits for certain reserve component members.
Sec. 515. Time-in-grade requirement for reserve component officers with a non-
service connected disability.
Sec. 516. Reserve members considered to be deployed for purposes of personnel
tempo management.
Sec. 517. Funeral honors duty performed by Reserve and Guard members to be
treated as inactive-duty training for certain purposes.
Sec. 518. Members of the National Guard performing funeral honors duty while
in non-Federal status.
Sec. 519. Use of military leave for funeral honors duty by Reserve members and
National Guardsmen.
Subtitle C—Joint Specialty Officers and Joint Professional
Military Education
Sec. 521. Nominations for joint specialty.
Sec. 522. Joint duty credit.
Sec. 523. Retroactive joint service credit for duty in certain joint task forces.
Sec. 524. Revision to annual report on joint officer management.
Sec. 525. Requirement for selection for joint specialty before promotion to general
or flag officer grade.
Sec. 526. Independent study of joint officer management and joint professional
military education reforms.
Sec. 527. Professional development education.
Sec. 528. Authority for National Defense University to enroll certain private sec-
tor civilians.
Sec. 529. Continuation of reserve component professional military education test.
Subtitle D—Military Education and Training
Sec. 531. Defense Language Institute Foreign Language Center.
Sec. 532. Authority for the Marine Corps University to award degree of master
of strategic studies.
Sec. 533. Increase in number of foreign students authorized to be admitted to the
service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or midshipman
in Senior Reserve Officer Training Corps scholarship programs.
Sec. 535. Active duty participation as a cadet or midshipman in Senior ROTC
advanced training.
Sec. 536. Authority to modify the service obligation of certain ROTC cadets in
military junior colleges receiving financial assistance.
Sec. 537. Modification of nurse officer candidate accession program restriction on
students attending educational institutions with Senior Reserve
Officers’ Training programs.
Sec. 538. Repeal of limitation on number of Junior Reserve Officers’ Training
Corps (JROTC) units.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the Chaplain for the Corps of Cadets, United
States Military Academy.
Subtitle E—Decorations, Awards, and Commendations
Sec. 541. Authority for award of the medal of honor to Humbert R. Versace for
valor during the Vietnam War.
Sec. 542. Review regarding award of medal of honor to certain Jewish American
and Hispanic American war veterans.
Sec. 543. Authority to issue duplicate medal of honor.
Sec. 544. Authority to replace stolen military decorations.
Sec. 545. Waiver of time limitations for award of Navy Distinguished Flying
Cross to certain persons.
Sec. 546. Korea Defense Service medal.
Sec. 547. Cold War Service medal.
Sec. 548. Option to convert award of Armed Forces Expeditionary Medal award-
ed for Operation Frequent Wind to Vietnam Service Medal.
Subtitle F—Matters Relating to Voting
Sec. 551. Voting assessments and assistance for members of the uniformed serv-
ices.
Sec. 552. Electronic voting demonstration project.
Subtitle G—Matters Relating to Military Spouses and Family
Members
Sec. 561. Improved financial and other assistance to military spouses for job
training and education.
Sec. 562. Authority to conduct surveys of dependents and survivors of military
retirees.
Sec. 563. Clarification of treatment of classified information concerning persons
in a missing status.
Sec. 564. Transportation to annual meeting of next-of-kin of persons unaccounted
for from conflicts after World War II.
Sec. 565. Amendments to charter of Defense Task Force on Domestic Violence.
Subtitle H—Military Justice and Legal Matters
Sec. 571. Requirement that courts-martial consist of not less than 12 members in
capital cases.
Sec. 572. Right of convicted accused to request sentencing by military judge.
Sec. 573. Codification of requirement for regulations for delivery of military per-
sonnel to civil authorities when charged with certain offenses
Sec. 574. Authority to accept voluntary legal services for members of the Armed
Forces.
Subtitle I—Other Matters
Sec. 581. Shipment of privately owned vehicles when making permanent change
of station moves within United States.
Sec. 582. Payment of vehicle storage costs in advance.
Sec. 583. Permanent authority for use of military recruiting funds for certain ex-
penses at Department of Defense recruiting functions.
Sec. 584. Clarification of military recruiter access to secondary school directory
information about students.
Sec. 585. Repeal of requirement for final Comptroller General report relating to
Army end strength allocations.
Sec. 586. Posthumous Army commission in the grade of captain in the Chaplains
Corps to Ella E. Gibson for service as chaplain of the First Wis-
consin Heavy Artillery regiment during the Civil War.
Sec. 587. National Guard Challenge Program.
Sec. 588. Payment of FEHBP premiums for certain Reservists called to active
duty in support of contingency operations.
Sec. 589. 18-month enlistment pilot program.
Sec. 590. Per diem allowance for lengthy or numerous deployments.
Sec. 591. Congressional review period for change in ground combat exclusion pol-
icy.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers with prior serv-
ice as an enlisted member or warrant officer.
Sec. 603. Subsistence allowances.
Sec. 604. Eligibility for basic allowance for housing while between permanent
duty stations.
Sec. 605. Uniform allowance for officers.
Sec. 606. Family separation allowance for certain members electing to serve un-
accompanied tour of duty.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for
nurse officer candidates, registered nurses, and nurse anes-
thetists.
Sec. 613. One-year extension of other bonus and special pay authorities.
Sec. 614. Conforming accession bonus for dental officers authority with authori-
ties for other special pay and bonuses.
Sec. 615. Additional type of duty resulting in eligibility for hazardous duty in-
centive pay.
Sec. 616. Equal treatment of reservists performing inactive-duty training for re-
ceipt of aviation career incentive pay.
Sec. 617. Secretarial discretion in prescribing submarine duty incentive pay
rates.
Sec. 618. Imposition of critical wartime skill requirement for eligibility for Indi-
vidual Ready Reserve bonus.
Sec. 619. Installment payment authority for 15-year career status bonus.
Sec. 620. Accession bonus for new officers.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Minimum per diem rate for travel and transportation allowance for
travel performed upon a change of permanent station and cer-
tain other travel.
Sec. 632. Payment or reimbursement of temporary subsistence expenses.
Sec. 633. Increased weight allowance for transportation of baggage and household
effects for junior enlisted members.
Sec. 634. Reimbursement of members for mandatory pet quarantine fees for
household pets.
Sec. 635. Availability of dislocation allowance for married member, whose spouse
is a member, assigned to military family housing.
Sec. 636. Elimination of prohibition on receipt of dislocation allowance by mem-
bers ordered to first duty station.
Sec. 637. Partial dislocation allowance authorized for housing moves ordered for
Government convenience.
Sec. 638. Allowances for travel performed in connection with members taking au-
thorized leave between consecutive overseas tours.
Sec. 639. Funded student travel as part of school-sponsored exchange programs.
Subtitle D—Retirement and Survivor Benefit Matters
Sec. 641. Contingent authority for concurrent receipt of military retired pay and
veterans’ disability compensation.
Subtitle E—Other Matters
Sec. 651. Funeral honors duty allowance for retired members.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE Program
Sec. 701. Implementing cost-effective payment rates under the TRICARE pro-
gram.
Sec. 702. Waiver of nonavailability statement or preauthorization requirement.
Sec. 703. Improvements in administration of the TRICARE program.
Sec. 704. Sub-acute and long-term care program reform.
Sec. 705. Reimbursement of travel expenses of a parent, guardian, or responsible
family member of a minor covered beneficiary.
Subtitle B—Other Matters
Sec. 711. Prohibition against requiring military retirees to receive health care
solely through the Department of Defense.
Sec. 712. Trauma and medical care pilot program.
Sec. 713. Enhancement of medical product development.
Sec. 714. Repeal of obsolete report requirement.
Sec. 715. Clarifications and improvements regarding the Department of Defense
Medicare-Eligible Retiree Health Care Fund.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Acquisition milestones.
Sec. 802. Acquisition workforce qualifications.
Sec. 803. Two-year extension of program applying simplified procedures to cer-
tain commercial items.
Sec. 804. Contracts for services to be performed outside the United States.
Sec. 805. Codification and modification of ‘‘Berry Amendment’’ requirements.
Subtitle B—Erroneous Payments Recovery
Sec. 811. Short title.
Sec. 812. Identification of errors made by executive agencies in payments to con-
tractors and recovery of amounts erroneously paid.
Sec. 813. Disposition of recovered funds.
Sec. 814. Sources of recovery services.
Sec. 815. Management improvement programs.
Sec. 816. Reports.
Sec. 817. Relationship to authority of inspectors general.
Sec. 818. Privacy protections.
Sec. 819. Definition.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Further reductions in defense acquisition and support workforce.
Sec. 902. Sense of Congress on establishment of an Office of Transformation in
the Department of Defense.
Sec. 903. Revised joint report on establishment of national collaborative informa-
tion analysis capability.
Sec. 904. Elimination of triennial report by Chairman of the Joint Chiefs of
Staff on roles and missions of the Armed Forces.
Sec. 905. Repeal of requirement for semiannual reports through March 2003 on
activities of Joint Requirements Oversight Council.
Sec. 906. Correction of references to Air Mobility Command.
Sec. 907. Organizational alignment change for Director for Expeditionary War-
fare.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Limitation on funds for Bosnia and Kosovo peacekeeping operations
for fiscal year 2002.
Sec. 1004. Increase in limitations on administrative authority of the Navy to set-
tle admiralty claims.
Subtitle B—Naval Vessels
Sec. 1011. Revision in types of excess naval vessels for which approval by law
is required for disposal to foreign nations.
Subtitle C—Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of Defense
expenditures to support foreign counter-drug activities.
Sec. 1022. Authority to transfer Tracker aircraft currently used by Armed Forces
for counter-drug purposes.
Sec. 1023. Authority to transfer Tethered Aerostat Radar System currently used
by Armed Forces for counter-drug purposes.
Subtitle D—Reports
Sec. 1031. Requirement that Department of Defense reports to Congress be accom-
panied by electronic version.
Sec. 1032. Report on Department of Defense role in homeland security matters.
Sec. 1033. Revision of annual report to Congress on National Guard and reserve
component equipment.
Subtitle E—Other Matters
Sec. 1041. Department of Defense gift authorities.
Sec. 1042. Termination of referendum requirement regarding continuation of
military training on island of Vieques, Puerto Rico, and imposi-
tion of additional conditions on closure of live-fire training
range.
Sec. 1043. Repeal of limitation on reductions in Peacekeeper ICBM missiles.
Sec. 1044. Sense of the Congress on the importance of the Kwajalein Missile
Range/Ronald Reagan Defense Initiative Test Site at Kwajalein
Atoll.
Sec. 1045. Transfer of Vietnam era F–4 aircraft to nonprofit museum.
Sec. 1046. Bomber force structure.
Sec. 1047. Technical and clerical amendments.
TITLE XI—CIVILIAN PERSONNEL
Sec. 1101. Undergraduate training program for employees of the National Im-
agery and Mapping Agency.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Payment of expenses to obtain professional credentials.
Sec. 1104. Retirement portability elections for certain Department of Defense and
Coast Guard employees.
Sec. 1105. Removal of requirement that granting civil service compensatory time
be based on amount of irregular or occasional overtime work.
Sec. 1106. Applicability of certain laws to certain individuals assigned to work
in the Federal Government.
Sec. 1107. Limitation on premium pay.
Sec. 1108. Use of common occupational and health standards as a basis for dif-
ferential payments made as a consequence of exposure to asbes-
tos.
Sec. 1109. Authority for designated civilian employees abroad to act as a notary.
Sec. 1110. ‘‘Monroney amendment’’ restored to its prior form.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201. Clarification of authority to furnish nuclear test monitoring equip-
ment to foreign governments.
Sec. 1202. Acquisition of logistical support for security forces.
Sec. 1203. Report on the sale and transfer of military hardware, expertise, and
technology from States of the former Soviet Union to the People’s
Republic of China.
Sec. 1204. Limitation on funding for Joint Data Exchange Center.
Sec. 1205. Extension of authority to provide assistance under Weapons of Mass
Destruction Act for support of United Nations-sponsored efforts
to inspect and monitor Iraqi weapons activities.
Sec. 1206. Repeal of requirement for reporting to Congress on military deploy-
ments to Haiti.
Sec. 1207. Report by Comptroller General on provision of defense articles, serv-
ices, and military education and training to foreign countries
and international organizations.
Sec. 1208. Limitation on number of military personnel in Colombia.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH
STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of reports.
Sec. 1304. Report on use of revenue generated by activities carried out under Co-
operative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile material
storage facility.
Sec. 1306. Prohibition against use of funds for construction or refurbishment of
certain fossil fuel energy plants.
Sec. 1307. Reports on activities and assistance under Cooperative Threat Reduc-
tion programs.
Sec. 1308. Report on responsibility for carrying out Cooperative Threat Reduc-
tion programs.
Sec. 1309. Chemical weapons destruction.
TITLE XIV—DEFENSE SPACE REORGANIZATION
Sec. 1401. Short title.
Sec. 1402. Authority to establish position of Under Secretary of Defense for
Space, Intelligence, and Information.
Sec. 1403. Authority to designate Under Secretary of the Air Force as acquisition
executive for space of the Department of Defense.
Sec. 1404. Major force program category for space programs.
Sec. 1405. Comptroller General assessment of implementation of recommendations
of Space Commission.
Sec. 1406. Commander of Air Force Space Command.
Sec. 1407. Authority to establish separate career field in the Air Force for space.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title; definition.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2001
projects.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of Appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2000 project.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 2001 project.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized defense agencies construction and land acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 2001 project.
Sec. 2405. Modification of authority to carry out certain fiscal year 2000
projects.
Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal year 1995 project.
Sec. 2408. Prohibition on expenditures to develop forward operating location on
Aruba for United States Southern Command counter-drug detec-
tion and monitoring flights.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1999 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Increase in certain unspecified minor military construction project
thresholds.
Sec. 2802. Exclusion of unforeseen environmental hazard remediation from limi-
tation on authorized cost variations.
Sec. 2803. Repeal of annual reporting requirement on military construction and
military family housing activities.
Sec. 2804. Permanent authorization for alternative authority for acquisition and
improvement of military housing.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Use of military installations for certain recreational activities.
Sec. 2812. Base efficiency project at Brooks Air Force Base, Texas.
Subtitle C—Defense Base Closure and Realignment
Sec. 2821. Lease back of base closure property.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Modification of land exchange, Rock Island Arsenal, Illinois.
Sec. 2832. Modification of land conveyances, Fort Dix, New Jersey.
Sec. 2833. Lease authority, Fort DeRussy, Hawaii.
Sec. 2834. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2835. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchor-
age, Alaska.
PART II—NAVY CONVEYANCES
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, Humboldt
County, California.
Sec. 2842. Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo,
Ohio.
Sec. 2843. Modification of authority for conveyance of Naval Computer and Tele-
communications Station, Cutler, Maine.
Sec. 2844. Modification of land conveyance, former United States Marine Corps
Air Station, Eagle Mountain Lake, Texas.
Sec. 2845. Land transfer and conveyance, Naval Security Group Activity, Winter
Harbor, Maine.
PART III—AIR FORCE CONVEYANCES
Sec. 2851. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado.
Subtitle E—Other Matters
Sec. 2861. Transfer of jurisdiction for development of Armed Forces recreation fa-
cility, Park City, Utah.
Sec. 2862. Selection of site for United States Air Force Memorial and related
land transfers for the improvement of Arlington National Ceme-
tery, Virginia.
Sec. 2863. Management of the Presidio of San Francisco.
Sec. 2864. Effect of limitation on construction of roads or highways, Marine
Corps Base, Camp Pendleton, California.
Sec. 2865. Establishment of World War II memorial at additional location on
Guam.
TITLE XXIX—FORT IRWIN MILITARY LAND WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands for National Training Center.
Sec. 2903. Map and legal description.
Sec. 2904. Management of withdrawn and reserved lands.
Sec. 2905. Water rights.
Sec. 2906. Environmental compliance and environmental response requirements.
Sec. 2907. West Mojave Coordinated Management Plan.
Sec. 2908. Release of wilderness study areas.
Sec. 2909. Training activity separation from utility corridors.
Sec. 2910. Duration of withdrawal and reservation.
Sec. 2911. Extension of initial withdrawal and reservation.
Sec. 2912. Termination and relinquishment.
Sec. 2913. Delegation of authority.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds at field offices
of the Department of Energy.
Sec. 3130. Transfers of weapons activities funds at national security laboratories
and nuclear weapons production facilities.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Termination date of Office of River Protection, Richland, Washington.
Sec. 3132. Organizational modifications for National Nuclear Security Adminis-
tration.
Sec. 3133. Consolidation of Nuclear Cities Initiative program with Initiatives for
Proliferation Prevention program.
Sec. 3134. Disposition of surplus defense plutonium at Savannah River Site,
Aiken, South Carolina.
Sec. 3135. Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of obsolete and excess materials contained in national defense
stockpile.
Sec. 3304. Expedited implementation of authority to dispose of cobalt from Na-
tional Defense Stockpile.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2002.
Sec. 3502. Define ‘‘war risks’’ to vessels to include confiscation, expropriation,
nationalization, and deprivation of the vessels.
Sec. 3503. Holding obligor’s cash as collateral under title XI of Merchant Marine
Act, 1936.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of Rep-
resentatives.
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 fis-
cal year 2002 for procurement for the Army as follows:
(1) For aircraft, $1,987,491,000.
(2) For missiles, $1,097,286,000.
(3) For weapons and tracked combat vehicles,
$2,367,046,000.
(4) For ammunition, $1,208,565,000.
(5) For other procurement, $4,143,986,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2002 for procurement for the Navy
as follows:
(1) For aircraft, $8,337,243,000.
(2) For weapons, including missiles and tor-
pedoes, $1,476,692,000.
(3) 
For 
shipbuilding 
and 
conversion,
$9,321,121,000.
(4) For other procurement, $4,157,313,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2002 for procurement for
the Marine Corps in the amount of $1,025,624,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for fiscal year
2002 for procurement of ammunition for the Navy and the
Marine Corps in the amount of $463,507,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 2002 for procurement for the Air Force as follows:
(1) For aircraft, $10,705,687,000.
(2) For missiles, $3,226,336,000.
(3) For ammunition, $871,344,000.
(4) For other procurement, $8,250,821,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 2002 for Defense-wide procurement in the amount
of $2,267,346,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 2002 for procurement for the Inspector General of
the Department of Defense in the amount of $1,800,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 2002 the amount of $1,078,557,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fis-
cal year 2002 for the Department of Defense for procure-
ment for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount
of $267,915,000.
Subtitle B—Army Programs
SEC. 111. EXTENSION OF MULTIYEAR CONTRACT FOR FAM-
ILY OF MEDIUM TACTICAL VEHICLES.
In order to ensure that an adequate number of vehicles
of the ‘‘A1’’ variant of the Family of Medium Tactical Vehi-
cles program continue to be fielded to the Army, the Sec-
retary of the Army may extend for one additional year the
existing multiyear procurement contract, authorized by sec-
tion 112(b) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1648) and
awarded on October 14, 1998, for procurement of vehicles
under that program (notwithstanding the maximum period
for such contracts otherwise applicable under section
2306b(k) of title 10, United States Code) if the Secretary
determines that it is necessary to do so in order to prevent
a break in production of those vehicles.
SEC. 112. REPEAL OF LIMITATIONS ON BUNKER DEFEAT
MUNITIONS PROGRAM.
Section 116 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2682)
is repealed.
Subtitle C—Air Force Programs
SEC. 121. RESPONSIBILITY OF AIR FORCE FOR CONTRACTS
FOR ALL DEFENSE SPACE LAUNCHES.
(a) IN GENERAL.—(1) Chapter 807 of title 10, United
States Code, is amended by inserting after section 8062 the
following new section:
‘‘§ 8063. Contracts for space launches: responsibility
of Air Force for all Department of Defense
elements
‘‘The Secretary of the Air Force shall ensure that con-
tracts for space launch vehicles and space launch services
for all elements of the Department of Defense are prepared,
negotiated, executed, and managed in a manner that maxi-
mizes launch effectiveness, minimizes cost of launch services,
provides clear visibility to all elements into contract costs
and functions, and, where practicable, takes advantage of
commercial space launch capabilities.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
8062 the following new item:
‘‘8063. Contracts for space launches: responsibility of Air Force for all Depart-
ment of Defense elements.’’.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees and the
congressional intelligence committees a report on the imple-
mentation of section 8063 of title 10, United States Code,
as added by subsection (a).
SEC. 122. MULTI-YEAR PROCUREMENT OF C–17 AIRCRAFT.
If the Secretary of Defense certifies to the congressional
defense committees before the enactment of this Act that it
is in the interest of the Department of Defense to proceed
with a follow-on multi-year procurement of additional C–
17 aircraft, then the Secretary may, in accordance with sec-
tion 2306b of title 10, United States Code, enter into a new
multi-year procurement contract or extend the current
multi-year procurement contract beginning in fiscal year
2002 to procure up to 60 additional C–17 aircraft in order
to meet the Department’s airlift requirements.
Subtitle D—Chemical Munitions
Destruction
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LE-
THAL CHEMICAL AGENTS AND MUNITIONS.
Section 152 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 50 U.S.C. 1521
note) is amended—
(1) in subsection (b)—
(A) by inserting ‘‘for that site’’ after ‘‘in
place’’; and
(B) by adding at the end the following new
paragraphs:
‘‘(D) the President of the National Academy of
Sciences;
‘‘(E) the Governor of the State in which the site
is located; and
‘‘(F) one individual designated by the Under
Secretary from a list of three local representatives of
the area in which the site is located, prepared jointly
by the Member of the House of Representatives who
represents the Congressional District in which the site
is located and the Senators representing the State in
which the site is located.
‘‘(2) Not later than six months after each such board
is convened, the board shall make a recommendation to the
Under Secretary whether the destruction of the chemical
munitions stockpile should be initiated at the site.
‘‘(3) The Under Secretary may not recommend initi-
ation of destruction of the chemical munitions stockpile at
a site after considering a negative recommendation of the
board until 90 days after the Under Secretary provides no-
tice to Congress of the intent to recommend initiation of
destruction.’’.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2002 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $6,749,025,000.
(2) For the Navy, $10,863,274,000.
(3) For the Air Force, $14,455,653,000.
(4) For Defense-wide activities, $15,591,978,000,
of which $217,355,000 is authorized for the Director
of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 2002.—Of the amounts authorized
to be appropriated by section 201, $4,973,843,000 shall be
available for basic research and applied research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DE-
FINED.—For purposes of this section, the term ‘‘basic re-
search and applied research’’ means work funded in pro-
gram elements for defense research and development under
Department of Defense category 6.1 or 6.2.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. COOPERATIVE DEPARTMENT OF DEFENSE-DE-
PARTMENT OF VETERANS AFFAIRS MEDICAL
RESEARCH PROGRAM.
Of the funds authorized to be appropriated by section
201(4), $5,000,000 shall be available for the cooperative De-
partment of Defense/Department of Veterans Affairs med-
ical research program. The Secretary of Defense shall trans-
fer such amount to the Secretary of Veterans Affairs for
such purpose not later than 30 days after the date of the
enactment of this Act.
SEC. 212. ADVANCED LAND ATTACK MISSILE PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall establish a competitive program for the development
of an advanced land attack missile for the DD–21 land at-
tack destroyer and other naval combatants.
(b) REPORT.—The Secretary of Defense shall submit
to the congressional defense committees, with the submission
of the budget request for the Department of Defense for fiscal
year 2003, a report providing the program plan for the Ad-
vanced Land Attack Missile program, the schedule for that
program, and funding required for that program.
(c) FUNDING.—Of the amount authorized to be appro-
priated under section 201(2) for research, development, test,
and evaluation for the Navy, $20,000,000 shall be available
in PE 0603795N for the Advanced Land Attack Missile pro-
gram.
SEC. 213. COLLABORATIVE PROGRAM FOR DEVELOPMENT
OF ADVANCED RADAR SYSTEMS FOR NAVAL
APPLICATIONS.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall carry out a program to develop and demonstrate ad-
vanced technologies and concepts leading to advanced radar
systems for naval and other applications.
(b) DESCRIPTION OF PROGRAM.—The program under
subsection (a) shall be carried out collaboratively pursuant
to a memorandum of agreement to be entered into by the
Director of Defense Research and Engineering, the Sec-
retary of the Navy, and the Director of the Defense Ad-
vanced Research Projects Agency. The program shall in-
clude the following activities:
(1) Activities needed to develop and deploy ad-
vanced electronics materials, including specifically
wide band gap electronics components needed to ex-
tend the range and sensitivity of naval radars.
(2) Identification of acquisition systems for use
of the new technology.
(c) REPORT.—Not later than January 31, 2002, the
Director of Defense Research and Engineering, the Sec-
retary of the Navy, and the Director of the Defense Ad-
vanced Research Projects Agency shall submit to the con-
gressional defense committees a joint report on the imple-
mentation of the program under subsection (a). The report
shall include the following:
(1) A description of the memorandum of agree-
ment referred to in subsection (b).
(2) A schedule for the program.
(3) Identification of the funding required for fis-
cal year 2003 and for the future-years defense pro-
gram to carry out the program.
(4) A list of program capability goals and objec-
tives.
(d) FUNDING.—(1) Of the amount authorized to be ap-
propriated for Defense-wide activities by section 201(4) for
the 
Defense 
Advanced 
Research 
Projects 
Agency,
$41,000,000 shall be available for applied research and
maturation of high frequency and high power wide band
gap semiconductor electronics technology to carry out the
program under subsection (a).
(2) Of the amount authorized to be appropriated by
section 201(2) for the Department of the Navy, $15,500,000
shall be available to carry out the program under subsection
(a).
Subtitle C—Ballistic Missile
Defense
SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCURE-
MENT FOR MISSILE DEFENSE PROGRAMS
FROM BALLISTIC MISSILE DEFENSE ORGANI-
ZATION TO MILITARY DEPARTMENTS.
(a) BUDGETING OF MISSILE DEFENSE PROCUREMENT
AUTHORITY.—(1) Subsection (a) of section 224 of title 10,
United States Code is amended by striking ‘‘procurement’’
both places it appears and inserting ‘‘research, development,
test, and evaluation’’.
(2) Such section is further amended by striking sub-
sections (b) and (c) and inserting the following:
‘‘(b) COVERED PROGRAMS.—Subsection (a) applies to
any ballistic missile defense program for which research,
development, test, and evaluation is carried out by the Bal-
listic Missile Defense Organization.’’.
(3)(A) The heading of that section is amended to read
as follows:
‘‘§ 224. Ballistic missile defense programs: display of
amounts for research, development, test,
and evaluation’’.
(B) The item relating to section 224 in the table of
sections at the beginning of chapter 9 of such title is amend-
ed to read as follows:
‘‘224. Ballistic missile defense programs: display of amounts for research, develop-
ment, test, and evaluation.’’.
(b) TRANSFER CRITERIA.—The Secretary of Defense
shall establish, and submit to the congressional defense com-
mittees, criteria for the transfer of ballistic missile defense
programs from the Ballistic Missile Defense Organization
to the military departments. Those criteria shall, at a min-
imum, address technical maturity of the program, avail-
ability of facilities for production, and service commitment
to procurement funding.
(c) NOTIFICATION
OF TRANSFER.—Before responsi-
bility for a ballistic missile defense program is transferred
from the Ballistic Missile Defense Organization to the Sec-
retary of a military department, the Secretary of Defense
shall submit to the congressional defense committees notice
in writing of the Secretary’s intent to make that transfer.
The Secretary shall include with such notice a certification
that the program has met the criteria established under sub-
section (b) for such a transfer. The transfer may then be
carried out after the end of the 60-day period beginning
on the date of such notice.
SEC. 232. REPEAL OF PROGRAM ELEMENT REQUIREMENTS
FOR 
BALLISTIC 
MISSILE 
DEFENSE 
PRO-
GRAMS.
(a) REPEAL.—Section 223 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 9 of such title is amended by strik-
ing the item relating to section 223.
SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE AC-
TIVITIES OF THE DEPARTMENT OF DEFENSE
BY THE NATIONAL DEFENSE LABORATORIES
OF THE DEPARTMENT OF ENERGY.
(a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MIS-
SILE DEFENSE ACTIVITIES.—Of the amounts authorized to
be appropriated to the Department of Defense pursuant to
section 201(4), $25,000,000 shall be available, subject to
subsection (b) and at the discretion of the Director of the
Ballistic Missile Defense Organization, for research, devel-
opment, and demonstration activities at the national lab-
oratories of the Department of Energy in support of the
missions of the Ballistic Missile Defense Organization, in-
cluding the following activities:
(1) Technology development, concept demonstra-
tion, and integrated testing to enhance performance,
reduce risk, and improve reliability in hit-to-kill
interceptors for ballistic missile defense.
(2) Support for science and engineering teams to
assess critical technical problems and prudent alter-
native approaches as agreed upon by the Director of
the Ballistic Missile Defense Organization and the
Administrator for Nuclear Security.
(b) REQUIREMENT
FOR MATCHING FUNDS FROM
NNSA.—Funds shall be available as provided in subsection
(a) only if the Administrator for Nuclear Security makes
available matching funds for the activities referred to in
subsection (a).
(c) MEMORANDUM OF UNDERSTANDING.—The activi-
ties referred to in subsection (a) shall be carried out under
the memorandum of understanding entered into by the Sec-
retary of Energy and the Secretary of Defense for the use
of national laboratories for ballistic missile defense pro-
grams, as required by section 3131 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–
85; 111 Stat. 2034) and modified pursuant to section 3132
of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law
106–398; 114 Stat. 1654A–455) to provide for jointly fund-
ed projects.
SEC. 234. MISSILE DEFENSE TESTING INITIATIVE.
(a) TESTING INFRASTRUCTURE.—(1) The Secretary of
Defense shall ensure that each annual budget request of the
Department of Defense—
(A) is designed to provide for comprehensive test-
ing of ballistic missile defense programs during early
stages of development; and
(B) includes necessary funding to support and
improve test infrastructure and provide adequate test
assets for the testing of such programs.
(2) The Secretary shall ensure that ballistic missile de-
fense programs incorporate, to the greatest possible extent,
operationally realistic test configurations (referred to as
‘‘test bed’’ configurations) to demonstrate system perform-
ance across a broad range of capability and, during final
stages of operational testing, to demonstrate reliable per-
formance.
(3) The Secretary shall ensure that the test infrastruc-
ture for ballistic missile defense programs is capable of sup-
porting continued testing of ballistic missile defense systems
after deployment.
(b) REQUIREMENTS FOR EARLY STAGES OF SYSTEM
DEVELOPMENT.—In order to demonstrate acceptable risk
and developmental stability, the Secretary of Defense shall
ensure that any ballistic missile defense program incor-
porates, to the maximum extent practicable, the following
elements during the early stages of system development:
(1) Pursuit of parallel conceptual approaches
and technological paths for all critical problematic
components until effective and reliable solutions can
be demonstrated.
(2) Comprehensive ground testing in conjunction
with flight-testing for key elements of the proposed
system that are considered to present high risk, with
such ground testing to make use of existing facilities
and combinations of facilities that support testing at
the highest possible levels of integration.
(3) Where appropriate, expenditures to enhance
the capabilities of existing test facilities, or to con-
struct new test facilities, to support alternative com-
plementary test methodologies.
(4) Sufficient funding of test instrumentation to
ensure accurate measurement of all critical test events
and, where possible, incorporation of mobile assets to
enhance flexibility in test configurations.
(5) Incorporation into the program of sufficient
schedule flexibility and expendable test assets, includ-
ing missile interceptors and targets, to ensure that
failed or aborted tests can be repeated in a prudent,
but expeditious manner.
(6) Incorporation into flight-test planning for
the program, where possible, of—
(A) methods referred to as ‘‘campaign test-
ing’’ and ‘‘test through failure’’ and other appro-
priate test methods in order to reduce costs per
test event;
(B) events to demonstrate engagement of
multiple targets, ‘‘shoot-look-shoot’’, and other
planned operational concepts; and
(C) exploitation of opportunities to facili-
tate early development and demonstration of
‘‘family of systems’’ concepts.
(c) SPECIFIC REQUIREMENTS
FOR GROUND-BASED
MID-COURSE INTERCEPTOR SYSTEMS.—For ground-based
mid-course interceptor systems, the Secretary of Defense
shall initiate steps during fiscal year 2002 to establish a
flight-test capability of launching not less than three missile
defense interceptors and not less than two ballistic missile
targets to provide a realistic test infrastructure.
SEC. 235. MISSILE DEFENSE SYSTEM TEST BED FACILITIES.
(a) AUTHORITY TO ACQUIRE OR CONSTRUCT FACILI-
TIES.—(1) The Secretary of Defense, using funds appro-
priated to the Department of Defense for research, develop-
ment, test, and evaluation for fiscal years after fiscal year
2001 that are available for programs of the Ballistic Missile
Defense Organization, may carry out construction projects,
or portions of construction projects, including projects for
the acquisition, improvement, or construction of facilities
of general utility, to establish and operate the Missile De-
fense System Test Bed Facilities.
(2) The authority provided in paragraph (1) may be
used to acquire, improve, or construct facilities at a total
cost not to exceed $500,000,000.
(b) AUTHORITY TO PROVIDE ASSISTANCE TO LOCAL
COMMUNITIES.—(1) Subject to paragraph (2), the Sec-
retary of Defense, using funds appropriated to the Depart-
ment of Defense for research, development, test, and evalua-
tion for fiscal years after fiscal year 2001 that are available
for programs of the Ballistic Missile Defense Organization,
may provide assistance, by grant or otherwise, to local com-
munities to meet the need for increased municipal or com-
munity services or facilities resulting from the construction,
installation, or operation of the Missile Defense System Test
Bed Facilities.
(2) Assistance may be provided to a community under
paragraph (1) only if the Secretary of Defense determines
that there is an immediate and substantial increase in the
need for municipal or community services or facilities as
a direct result of the construction, installation, or operation
of the Missile Defense System Test Bed Facilities.
Subtitle D—Other Matters
SEC. 241. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE
JOINT OPERATIONAL TEST BED SYSTEM.
(a) ESTABLISHMENT
OF TEST BED SYSTEM.—The
commander of the United States Joint Forces Command
shall establish a capability (referred to as a ‘‘test bed’’)
within the facilities and resources of that command to
evaluate and ensure joint interoperability of unmanned
aerial vehicle systems. That capability shall be independent
of the military departments and shall be managed directly
by the Joint Forces Command.
(b) REQUIRED TRANSFER OF PREDATOR UAV AS-
SETS.—The Secretary of the Navy shall transfer to the com-
mander of the Joint Forces Command the two Predator un-
manned aerial vehicles currently undergoing operational
testing by the Navy, together with associated payloads and
antennas and the associated tactical control system (TCS)
ground station.
(c) USE BY JOINT FORCES COMMAND.—The items
transferred pursuant to subsection (a) may be used by the
commander of the United States Joint Forces Command
only through the independent joint operational test bed sys-
tem established pursuant to subsection (a) for testing of
those items, including further development of the associated
tactical control system (TCS) ground station, other aspects
of unmanned aerial vehicle interoperability, and participa-
tion in such experiments and exercises as the commander
considers appropriate to the mission of that command.
(d) DEADLINE FOR TRANSFERS.—The transfers re-
quired by subsection (b) shall be completed not later than
90 days after the date of the enactment of this Act.
(e) TRANSFER WHEN NO LONGER REQUIRED
BY
JOINT FORCES COMMAND.—Upon a determination by the
commander of the United States Joint Forces Command
that any of the items transferred pursuant to subsection (a)
are no longer needed by that command for use as provided
in subsection (c), those items shall be transferred to the Sec-
retary of the Air Force.
SEC. 242. DEMONSTRATION PROJECT TO INCREASE SMALL
BUSINESS AND UNIVERSITY PARTICIPATION
IN OFFICE OF NAVAL RESEARCH EFFORTS TO
EXTEND BENEFITS OF SCIENCE AND TECH-
NOLOGY RESEARCH TO FLEET.
(a) PROJECT REQUIRED.—The Secretary of the Navy,
acting through the Chief of Naval Research, shall carry out
a demonstration project to increase access to Navy facilities
of small businesses and universities that are engaged in
science and technology research beneficial to the fleet.
(b) PROJECT ELEMENTS.—In carrying out the dem-
onstration project, the Secretary shall—
(1) establish and operate a Navy Technology Ex-
tension Center at a location to be selected by the Sec-
retary;
(2) permit participants in the Small Business
Innovation Research Program (SBIR) and Small
Business Technology Transfer Program (STTR) that
are awarded contracts by Office of Naval Research to
acccess and use Navy facilities without charge for
purposes of carrying out such contracts; and
(3) permit universities, institutions of higher
learning, and Federally Funded Research and Devel-
opment Centers (FFRDC) collaborating with SBIR
and STTR participants to use Navy facilities.
(c) REPORT.—Not later than February 1, 2004, the
Secretary shall submit to Congress a report on the dem-
onstration project. The report shall include a description
of the activities carried out under the demonstration project
and any recommendations for the improvement or expan-
sion of the demonstration project that the Secretary con-
siders appropriate.
SEC. 243. MANAGEMENT RESPONSIBILITY FOR NAVY MINE
COUNTERMEASURES PROGRAMS.
Section 216(a) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–190;
105 Stat. 1317), as most recently amended by section 211
of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105–261; 112 Stat.
1946), is amended by striking ‘‘through 2003’’ and insert-
ing ‘‘through 2008’’.
SEC. 244. PROGRAM TO ACCELERATE THE INTRODUCTION
OF INNOVATIVE TECHNOLOGY IN DEFENSE
ACQUISITION PROGRAMS.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall carry out a program to provide opportunities for the
increased introduction of innovative and cost-saving tech-
nology in acquisition programs of the Department of De-
fense. The program, to be known as the Challenge Program,
shall provide an individual or activity within or outside
the Department of Defense with the opportunity to propose
alternatives, to be known as challenge proposals, at the com-
ponent, subsystem, or system level of an existing Depart-
ment of Defense acquisition program that would result in
improvements 
in 
performance, 
affordability,
manufacturability, or operational capability at the compo-
nent, subsystem, or system level of that acquisition pro-
gram.
(b) PANEL.—(1) In carrying out the Challenge Pro-
gram, the Secretary of Defense shall establish a panel of
highly qualified scientists and engineers (hereinafter in this
section referred to as the ‘‘Panel’’) under the auspices of
the Under Secretary of Defense for Acquisition, Technology,
and Logistics. The duty of the Panel shall be to carry out
review and evaluation of challenge proposals under sub-
section (c).
(2) A member of the Panel may not participate in any
review and evaluation of a challenge proposal under sub-
section (c) if at any time within the previous five years
that member has, in any capacity, participated in or been
affiliated with the Department of Defense program for
which the challenge proposal is proposed.
(c) REVIEW AND EVALUATION OF CHALLENGE PRO-
POSALS.—(1) Under procedures prescribed by the Secretary,
an individual or activity within or outside the Department
of Defense may submit challenge proposals to the Panel.
(2) The Panel shall carry out an expedited evaluation
of each challenge proposal submitted under paragraph (1)
to determine whether a prima facie case has been made that
the challenge proposal will result in improvements in per-
formance, affordability, manufacturability, or operational
capability at the component, subsystem, or system level of
the applicable acquisition program. If the Panel determines
that such a case has not been made, the Panel may turn
down the challenge proposal. In any other case, the Panel
shall provide for a full review of the challenge proposal
under paragraph (3).
(3) In carrying out a full review of a challenge pro-
posal, the Panel shall ensure the following:
(A) Any incumbent that would be displaced by
the implementation of the challenge proposal is pro-
vided notice of the challenge proposal and a full op-
portunity to demonstrate why the challenge proposal
should not be implemented.
(B) Notice of the full review of the challenge pro-
posal is published in one or more appropriate com-
mercial publications of national circulation.
(C) If one or more other challenge proposals are
submitted on matters relating to the challenge pro-
posal being reviewed, the Panel shall, to the max-
imum extent practicable, carry out a full review of
those other challenge proposals together with the full
review of the original challenge proposal.
(4) The Secretary of Defense shall ensure that the
Panel, in carrying out review and evaluation of challenge
proposals under this subsection, has the authority to call
upon the technical resources of the laboratories, research,
development, and engineering centers, test and evaluation
activities, and other elements of the Department.
(d) FINDINGS
OF SUBSTANTIAL SUPERIORITY.—If,
after the full review of a challenge proposal is completed,
the Panel finds that the challenge proposal will result in
improvements 
in 
performance, 
affordability,
manufacturability, or operational capability at the compo-
nent, subsystem, or system level of the applicable acquisi-
tion program that are substantially superior to that of the
incumbent, the Panel shall submit that finding to the Under
Secretary.
(e) ACTION UPON FINDINGS.—Upon receiving a find-
ing under subsection (d), the Under Secretary shall carry
out a plan to acquire and implement the challenge proposal
with respect to which the finding was made. The Secretary
shall carry out such plan—
(1) after canceling the contract of any incumbent
that would be displaced by the implementation of the
challenge proposal; or
(2) after an appropriate program milestone
(such as the expiration of such a contract) has been
reached.
(f) ELIMINATION OF CONFLICTS OF INTEREST.—In
carrying out each review and evaluation under subsection
(c), the Secretary shall ensure the elimination of conflicts
of interest.
(g) FUNDING.—Of the funds authorized to be appro-
priated by section 201(4) for Defense-wide research, devel-
opment, test, and evaluation for fiscal year 2002,
$40,000,000 shall be available in PE 63826D8Z for the
Challenge Program required by this section.
(h) REPORT.—The Secretary shall submit to Congress,
with the submission of the budget request for the Depart-
ment of Defense for each fiscal year beginning with fiscal
year 2003, a report on the implementation of this section.
The report shall include the number and scope of challenge
proposals submitted, reviewed and evaluated, found to be
substantially superior, and implemented.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 2002 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows:
(1) For the Army, $21,015,280,000.
(2) For the Navy, $26,587,962,000.
(3) For the Marine Corps, $2,898,114,000.
(4) For the Air Force, $25,811,462,000.
(5) For Defense-wide activities, $11,922,131,000.
(6) For the Army Reserve, $1,814,246,000.
(7) For the Naval Reserve, $1,003,690,000.
(8) For the Marine Corps Reserve, $144,023,000.
(9) For the Air Force Reserve, $2,017,866,000.
(10) 
For 
the 
Army 
National 
Guard,
$3,705,359,000.
(11) 
For 
the 
Air 
National 
Guard,
$3,967,361,000.
(12) 
For 
the 
Defense 
Inspector 
General,
$152,021,000.
(13) For the United States Court of Appeals for
the Armed Forces, $9,096,000.
(14) For Environmental Restoration, Army,
$389,800,000.
(15) For Environmental Restoration, Navy,
$257,517,000.
(16) For Environmental Restoration, Air Force,
$385,437,000.
(17) For Environmental Restoration, Defense-
wide, $23,492,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $190,255,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $49,700,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $820,381,000.
(21) For the Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Trust
Fund, $25,000,000.
(22) 
For 
Defense 
Health 
Program,
$17,570,750,000.
(23) For Cooperative Threat Reduction pro-
grams, $403,000,000.
(24) For Overseas Contingency Operations
Transfer Fund, $2,844,226,000.
(25) Support for International Sporting Com-
petitions, Defense, $15,800,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 2002 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds,
$1,951,986,000.
(2) For the National Defense Sealift Fund,
$407,708,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2002 from the Armed Forces Retirement Home Trust
Fund the sum of $71,440,000 for the operation of the Armed
Forces Retirement Home, including the United States Sol-
diers’ and Airmen’s Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in
appropriations Acts, not more than $150,000,000 is author-
ized to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts
for fiscal year 2002 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT
OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts
in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in this section is in
addition to the transfer authority provided in section 1001.
Subtitle B—Environmental
Provisions
SEC. 311. INVENTORY OF EXPLOSIVE RISK SITES AT
FORMER MILITARY RANGES.
(a) INVENTORY REQUIRED.—(1) Chapter 160 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 2710. Former military ranges: inventory of explosive
risk sites; use of inventory; public safety
issues
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) The term ‘former military range’ means a
military range presently located in the United States
that—
‘‘(A) is or was owned by, leased to, or other-
wise possessed or used by the Federal Govern-
ment;
‘‘(B) is designated as a closed, transferred,
or transferring military range (rather than as
an active or inactive range); or
‘‘(C) is or was used as a site for the dis-
posal of military munitions or for the use of
military munitions in training or research, de-
velopment, testing, and evaluation.
‘‘(2) The term ‘abandoned military munitions’
means unexploded ordnance and other abandoned
military munitions, including components thereof
and chemical weapons materiel, that pose a threat to
human health or safety.
‘‘(3) The term ‘State’ includes the District of Co-
lumbia, the Commonwealth of Puerto Rico, and the
territories and possessions.
‘‘(4) The term ‘United States’, in a geographic
sense, includes the Commonwealth of Puerto Rico and
the territories and possessions.
‘‘(b) INVENTORY REQUIRED.—(1) The Secretary of De-
fense shall develop and maintain an inventory of former
military ranges that are known or suspected to contain
abandoned military munitions.
‘‘(2) The information for each former military range
in the inventory shall include, at a minimum, the following:
‘‘(A) A unique identifier for the range and its
current designation as either a closed, transferred, or
transferring range.
‘‘(B) An appropriate record showing the loca-
tion, boundaries, and extent of the range, including
identification of the State and political subdivisions
of the State in which the range is located and any
Tribal lands encompassed by the range.
‘‘(C) Known persons and entities, other than a
military department, with any current ownership in-
terest or control of lands encompassed by the range.
‘‘(D) Any restrictions or other land use controls
currently in place that might affect the potential for
public and environmental exposure to abandoned
military munitions.
‘‘(c) SITE PRIORITIZATION.—(1) With respect to each
former military range included on the inventory, the Sec-
retary of Defense shall assign the range a relative priority
for response activities based on the overall conditions at the
range. The level of response priority assigned the range shall
be included with the information required by subsection
(b)(2) to be maintained for the range.
‘‘(2) In assigning the response priority for a former
military range, the Secretary of Defense shall primarily
consider factors relating to safety and environmental haz-
ard potential, such as the following:
‘‘(A) Whether there are known, versus suspected,
abandoned military munitions on all or any portion
of the range and the types of munitions present or
suspected to be present.
‘‘(B) Whether public access to the range is con-
trolled, and the effectiveness of these controls.
‘‘(C) The potential for direct human contact with
abandoned military munitions at the range and evi-
dence of people entering the range.
‘‘(D) Whether a response action has been or is
being undertaken at the range under the Formerly
Used Defense Sites program or other programs.
‘‘(E) The planned or mandated dates for transfer
of the range from military control.
‘‘(F) The extent of any documented incidents in-
volving abandoned military munitions at or from the
range. In this subparagraph, the term ‘incidents’
means any or all of the following: explosions, discov-
eries, injuries, reports, and investigations.
‘‘(G) The potential for drinking water contami-
nation or the release of weapon components into the
air.
‘‘(H) The potential for destruction of sensitive
ecosystems and damage to natural resources.
‘‘(d) UPDATES AND AVAILABILITY.—(1) The Secretary
of Defense shall annually update the inventory and site
prioritization list to reflect new information that becomes
available. The inventory shall be available in published and
electronic form.
‘‘(2) The Secretary of Defense shall work with adjacent
communities to provide information concerning conditions
at the former military range and response activities, and
shall respond to inquiries. At a minimum, the Secretary
shall notify immediately affected individuals, appropriate
State, local, tribal, and Federal officials, and, when appro-
priate, civil defense or emergency management agencies.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2710. Former military ranges: inventory of explosive risk sites; use of inventory;
public safety issues.’’.
(b) INITIAL INVENTORY.—The inventory required by
section 2710 of title 10, United States Code, as added by
subsection (a), shall be completed and made available not
later than one year after the date of the enactment of this
Act.
SEC. 312. NATIONAL SECURITY IMPACT STATEMENTS.
(a) EVALUATION OF NATIONAL SECURITY IMPACTS
REQUIRED.—(1) Chapter 160 of title 10, United States
Code, is amended by inserting after section 2710, as added
by section 311, the following new section:
‘‘§ 2711. Environmental impact statements and envi-
ronmental assessments: evaluation of na-
tional security impacts of proposed action
and alternatives
‘‘(a) AGENCY ACTION.—Whenever an environmental
impact statement or environmental assessment is required
under section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332) to be prepared in connection
with a proposed Department of Defense action, the Sec-
retary of Defense shall include as a part of the environ-
mental impact statement or environmental assessment a de-
tailed evaluation of the impact of the proposed action, and
each alternative to the proposed action considered in the
statement or assessment, on national security, including the
readiness, training, testing, and operations of the armed
forces.
‘‘(b) AGENCY INPUT.—The Secretary of Defense shall
also include the evaluation required by subsection (a) in
any input provided by the Department of Defense as a co-
operating agency to a lead agency preparing an environ-
mental impact statement or environmental assessment.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2711. Environmental impact statements and environmental assessments: evalua-
tion of national security impacts of proposed action and alter-
natives.’’.
(b) EFFECTIVE DATE.—Section 2711 of title 10,
United States Code, as added by subsection (a), shall take
effect on the date of the enactment of this Act and apply
with respect to any environmental impact statement or en-
vironmental assessment prepared by the Secretary of De-
fense that has not been released in final form as of that
date.
SEC. 313. REIMBURSEMENT FOR CERTAIN COSTS IN CON-
NECTION WITH HOOPER SANDS SITE, SOUTH
BERWICK, MAINE.
Using amounts authorized to be appropriated by sec-
tion 301(15) for environmental restoration for the Navy,
the Secretary of the Navy may pay $1,005,478 to the Hoo-
per Sands Special Account within the Hazardous Sub-
stance Superfund established by section 9507 of the Internal
Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the
Environmental Protection Agency in full for certain re-
sponse costs incurred by the Environmental Protection
Agency for actions taken pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) at the Hooper Sands site
in South Berwick, Maine, pursuant to an interagency
agreement entered into by the Department of the Navy and
the Environmental Protection Agency in January 2001.
SEC. 314. RIVER MITIGATION STUDIES.
(a) PORT OF ORANGE, SABINE RIVER.—The Secretary
of Defense may conduct a study regarding mitigation needs
in connection with protruding structures and submerged ob-
jects remaining from the World War II Navy ship building
industry located at the former Navy installation in Orange,
Texas, which create navigational hazards along the Sabine
River and surrounding the Port of Orange.
(b) PHILADELPHIA
NAVAL
SHIPYARD, DELAWARE
RIVER.—The Secretary of Defense may conduct a study re-
garding mitigation needs in connection with floating and
partially submerged debris possibly relating to the Philadel-
phia Naval Shipyard in that portion of the Delaware River
from Philadelphia to the mouth of the river which create
navigational hazards along the river.
(c) USE OF EXISTING INFORMATION.—In conducting
the studies authorized by this section, the Secretary shall
take into account any information available from other
studies conducted in connection with the same navigation
channels.
(d) CONSULTATION.—The Secretary shall conduct the
studies authorized by this section in consultation with ap-
propriate State and local government entities and Federal
agencies.
(e) REPORT
ON STUDY RESULTS.—Not later than
April 30, 2002, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representa-
tives and the Committee on Armed Services of the Senate
a report that summarizes the results of the studies conducted
under this section.
(f) COST SHARING.—Nothing in this section is in-
tended to require non-Federal cost sharing of the costs in-
curred by the Secretary of Defense to conduct the studies
authorized by this section.
(g) REMOVAL AUTHORITY.—Consistent with existing
laws, using funds authorized to be appropriated for these
purposes, and after providing notice to Congress, the Sec-
retary of Defense may work with the other Federal, State,
local, and private entities—
(1) to remove the protruding structures and sub-
merged objects along the Sabine River and sur-
rounding the Port of Orange that resulted from the
abandonment of the ship building industry and Navy
installation in Orange, Texas; and
(2) to remove floating and partially submerged
debris in the portion of the Delaware River subject to
the study under subsection (b).
(h) RELATION TO OTHER LAWS AND AGREEMENTS.—
This section is not intended to modify any authorities pro-
vided to the Secretary of the Army by the Water Resources
Development Act of 1986 (33 U.S.C. 2201 et seq.), nor is
it intended to modify any non-Federal cost-sharing respon-
sibilities outlined in any local cooperation agreements.
SEC. 315. ELIMINATION OF ANNUAL REPORT ON CON-
TRACTOR REIMBURSEMENT FOR COSTS OF
ENVIRONMENTAL RESPONSE ACTIONS.
Section 2706 of title 10, United States Code, is amend-
ed by striking subsection (c).
Subtitle C—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 321. RESERVE COMPONENT COMMISSARY BENEFITS.
(a) ELIGIBILITY FOR COMMISSARY BENEFITS.—Sec-
tion 1063 of title 10, United States Code, is amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively; and
(3) by inserting after the section heading the fol-
lowing new subsections:
‘‘(a) ELIGIBILITY.—Subject to subsection (c), the Sec-
retary concerned shall authorize members of the Ready Re-
serve described in subsection (b) to have 24 days of eligi-
bility to use commissary stores of the Department of Defense
for any calendar year.
‘‘(b) COVERED MEMBERS.—Subsection (a) applies
with respect to the following members of the Ready Reserve:
‘‘(1) A member of the Selected Reserve who is
satisfactorily participating in required training as
prescribed in section 10147(a)(1) of this title or sec-
tion 502(a) of title 32 in that calendar year.
‘‘(2) A member of the Ready Reserve (other than
a member described in paragraph (1)) who satisfac-
torily completes 50 or more points credible under sec-
tion 12732(a)(2) of this title in that calendar year.
‘‘(c) REDUCED NUMBER OF COMMISSARY VISITS FOR
NEW MEMBERS.—The number of commissary visits author-
ized for a member of the Selected Reserve described in sub-
section (b)(1) who enters the Selected Reserve after the be-
ginning of the calendar year shall be equal to twice the
number of full months remaining in the calendar year.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 1063. Use of commissary stores: members of Ready
Reserve’’.
(2) The table of sections at the beginning of chapter
54 of such title is amended by striking the item relating
to section 1063 and inserting the following new item:
‘‘1063. Use of commissary stores: members of Ready Reserve.’’.
SEC. 322. REIMBURSEMENT FOR NONCOMMISSARY USE OF
COMMISSARY FACILITIES.
Section 2685 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(f) REIMBURSEMENT FOR NONCOMMISSARY USE OF
COMMISSARY FACILITIES.—(1) If the Secretary concerned
uses for noncommissary purposes a commissary facility
whose construction was financed (in whole or in part) using
the proceeds of adjustments or surcharges authorized by sub-
section (a) or revenues referred to in subsection (e), the Sec-
retary concerned shall reimburse the commissary surcharge
account for the depreciated value of the investment made
with such proceeds and revenues.
‘‘(2) In paragraph (1), the term ‘construction’ has the
meaning given such term in subsection (d)(2).’’.
SEC. 323. CIVIL RECOVERY FOR NONAPPROPRIATED FUND
INSTRUMENTALITY 
COSTS 
RELATED 
TO
SHOPLIFTING.
Section 3701(b)(1)(B) of title 31, United States Code,
is amended by inserting before the comma at the end the
following: ‘‘, including actual and administrative costs re-
lated to shoplifting, theft detection, and theft prevention’’.
Subtitle D—Workforce and Depot
Issues
SEC. 331. FISCAL YEAR 2002 LIMITATIONS ON WORKFORCE
REVIEWS.
(a) WORKFORCE REVIEW DEFINED.—In this section,
the term ‘‘workforce review’’ has the meaning given the term
in section 2461a(a) of title 10, United States Code.
(b) LIMITED NUMBER OF FULL-TIME EQUIVALENT
POSITIONS REVIEWED.—During fiscal year 2002, the total
number of full-time equivalent positions considered for pos-
sible change to performance by the private sector through
the performance of a workforce review may not exceed the
following:
(1) 328, in the case of full-time equivalent posi-
tions for civilian employees of the Department of the
Army;
(2) 453, in the case of full-time equivalent posi-
tions for civilian employees of the Department of the
Navy;
(3) 936, in the case of full-time equivalent posi-
tions for civilian employees of the Department of the
Air Force; and
(4) 1,336, in the case of full-time equivalent po-
sitions for civilian employees of the Department of
Defense, other than civilian employees of a military
department.
(c) ADDITIONAL LIMITATION.—None of the full-time
equivalent positions for civilian employees of the Depart-
ment of the Navy that may be considered in a workforce
review during fiscal year 2002 may involve civilian em-
ployees who perform functions on behalf of the Marine
Corps.
SEC. 332. APPLICABILITY OF CORE LOGISTICS CAPABILITY
REQUIREMENTS TO NUCLEAR AIRCRAFT CAR-
RIERS.
Section 2464(a)(3) of title 10, United States Code, is
amended by striking ‘‘nuclear aircraft carriers’’ and insert-
ing ‘‘nuclear refueling of aircraft carriers’’.
SEC. 333. CONTINUATION OF CONTRACTOR MANPOWER RE-
PORTING SYSTEM IN DEPARTMENT OF THE
ARMY.
Section 343 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 569)
is amended—
(1) by striking subsection (a) and inserting the
following new subsection (a):
‘‘(a) REPORTING REQUIREMENT FOR DEPARTMENT OF
THE ARMY.—(1) Not later than March 1 of each fiscal year,
the Secretary of the Army shall submit to Congress a report
describing the use during the previous fiscal year of non-
Federal entities to provide services to the Department of the
Army.
‘‘(2) The data collection required to prepare the report
is deemed to be in compliance with the requirements of
chapter 35 of title 44, United States Code, commonly known
as the Paperwork Reduction Act.
‘‘(3) The report required by this section is needed to
comply with sections 115a and 129a of title 10, United
States Code, and is not a procurement action.’’;
(2) by striking ‘‘Department of Defense’’ each
place it appears and inserting ‘‘Department of the
Army’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) GAO EVALUATION.—Not later than 60 days after
the Secretary submits to Congress the report required under
subsection (a) for a fiscal year, the Comptroller General
shall submit to Congress an evaluation of the report.’’.
SEC. 334. LIMITATION ON EXPANSION OF WHOLESALE LO-
GISTICS MODERNIZATION PROGRAM.
(a) LIMITATION.—The Secretary of the Army may not
authorize the expansion of the Wholesale Logistics Mod-
ernization Program beyond the original legacy systems in-
cluded in the scope of the contract awarded in December
1999 until the Secretary certifies to Congress that the origi-
nal legacy systems have been successfully replaced.
(b) GAO EVALUATION.—Not later than 60 days after
the Secretary of the Army submits to Congress the certifi-
cation required under subsection (a), the Comptroller Gen-
eral shall submit to Congress an evaluation of the certifi-
cation.
SEC. 335. PILOT PROJECT FOR EXCLUSION OF CERTAIN EX-
PENDITURES FROM LIMITATION ON PRIVATE
SECTOR 
PERFORMANCE 
OF 
DEPOT-LEVEL
MAINTENANCE.
Section 2474 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(g) PILOT PROJECT FOR THE EXCLUSION OF CER-
TAIN EXPENDITURES FROM LIMITATION ON PRIVATE SEC-
TOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.—
‘‘(1) AMOUNTS EXCLUDED.—Amounts expended
out of funds described in paragraph (2) for the per-
formance of a depot-level maintenance and repair
workload by non-Federal Government personnel at a
Center of Industrial and Technical Excellence named
in paragraph (4) shall not be counted for the purposes
of section 2466(a) of this title if the personnel are
provided by private industry pursuant to a public-
private partnership undertaken by the Center under
subsection (b).
‘‘(2) FUNDS FOR FISCAL YEARS 2002 THROUGH
2006.—The funds referred to in paragraph (1) are
funds available to the Air Force for depot-level main-
tenance and repair workloads for fiscal year 2002,
2003, 2004, 2005, or 2006, and shall not exceed 10
percent of the total funds available in any single
year.
‘‘(3) REPORTING
REQUIREMENTS.—All funds
covered by paragraph (1) shall be included as a sepa-
rate item in the reports required under paragraphs
(1), (2), and (3) of section 2466(e) of this title.
‘‘(4) COVERED CENTERS.—(A) The Centers of In-
dustrial and Technical Excellence referred to in para-
graph (1) are the following:
‘‘(i) Oklahoma City Air Logistics Center,
Oklahoma.
‘‘(ii) Ogden Air Logistics Center, Utah.
‘‘(iii) Warner-Robins Air Logistics Center,
Georgia.
‘‘(B) The Secretary of the Air Force shall des-
ignate as a Center of Industrial and Technical Excel-
lence under this section any of the air logistics centers
named in subparagraph (A) that have not previously
been so designated and shall specify the core com-
petencies for which the designation is made.’’.
SEC. 336. PROTECTIONS FOR PURCHASERS OF ARTICLES
AND SERVICES MANUFACTURED OR PER-
FORMED BY WORKING-CAPITAL FUNDED IN-
DUSTRIAL FACILITIES OF THE DEPARTMENT
OF DEFENSE..
(a) GENERAL RULE.—Section 2563(c) of title 10,
United States Code, is amended—
(1) in paragraph (1)(B), by striking ‘‘in any
case of willful misconduct or gross negligence’’ and
inserting ‘‘as provided in paragraph (3)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(3) Paragraph (1)(B) does not apply in any case of
willful misconduct or gross negligence or in the case of a
claim by a purchaser of articles or services under this sec-
tion that damages or injury arose from the failure of the
Government to comply with quality, schedule, or cost per-
formance requirements in the contract to provide the arti-
cles or services.’’.
(b) 
CONFORMING
AMENDMENT.—Section
2474(e)(2)(B)(i) of such title is amended by striking ‘‘in
a case of willful conduct or gross negligence’’ and inserting
‘‘under the circumstances described in section 2563(c)(3) of
this title’’.
Subtitle E—Defense Dependents
Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) EDUCATIONAL AGENCIES ASSISTANCE.—Of the
amount authorized to be appropriated by section 301(5) for
operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of pro-
viding educational agencies assistance to local educational
agencies.
(b) NOTIFICATION.—Not later than June 30, 2002, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2002 of—
(1) that agency’s eligibility for educational agen-
cies assistance; and
(2) the amount of the educational agencies assist-
ance for which that agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of De-
fense shall disburse funds made available under subsection
(a) not later than 30 days after the date on which notifica-
tion to the eligible local educational agencies is provided
pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘local educational agency’’ has the
meaning given that term in section 8013(9) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 342. AVAILABILITY OF AUXILIARY SERVICES OF DE-
FENSE DEPENDENTS’ EDUCATION SYSTEM
FOR DEPENDENTS WHO ARE HOME SCHOOL
STUDENTS.
Section 1407 of the Defense Dependents’ Education Act
of 1978 (20 U.S.C. 926) is amended—
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection:
‘‘(d) AUXILIARY SERVICES AVAILABLE
TO HOME
SCHOOL STUDENTS.—(1) A dependent who is educated in
a home school setting, but who is eligible to enroll in a
school of the defense dependents’ education system, shall be
permitted to use or receive auxiliary services of that school
without being required to either enroll in that school or reg-
ister for a minimum number of courses offered by that
school. The dependent may be required to satisfy other eligi-
bility requirements applicable to students actually enrolled
in that school who use or receive the same auxiliary services.
‘‘(2) For purposes of paragraph (1), the term ‘auxil-
iary services’ includes registration in individual courses,
use of academic resources, access to the library of the school,
after hours use of school facilities, and participation in
music, sports, and other extracurricular and interscholastic
activities.’’.
SEC. 343. REPORT REGARDING COMPENSATION FOR TEACH-
ERS EMPLOYED IN TEACHING POSITIONS IN
OVERSEAS SCHOOLS OPERATED BY THE DE-
PARTMENT OF DEFENSE.
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report evaluating the method currently used by the Sec-
retary to fix the basic compensation for teachers and teach-
ing positions in the Department of Defense under the De-
fense Department Overseas Teachers Pay and Personnel
Practices Act (20 U.S.C. 901 et seq.). The report shall in-
clude the recommendations of the Secretary regarding a
proposal to increase such compensation to reflect the aver-
age of the range of rates of basic compensation for similar
teaching positions of a comparable level of duties and re-
sponsibilities for teachers employed in public schools in the
District of Columbia metropolitan area, which includes the
District of Columbia Public Schools, Arlington Public
Schools, Alexandria City Public Schools, Fairfax County
Public Schools, Montgomery County Public Schools, and
Prince George’s County Public Schools.
Subtitle F—Other Matters
SEC. 351. AVAILABILITY OF EXCESS DEFENSE PERSONAL
PROPERTY TO SUPPORT DEPARTMENT OF
VETERANS AFFAIRS INITIATIVE TO ASSIST
HOMELESS VETERANS.
(a) TRANSFER AUTHORITY.—Section 2557(a) of title
10, United States Code, is amended—
(1) by striking ‘‘The Secretary’’ and inserting
‘‘(1) The Secretary’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) The Secretary of Defense may make excess cloth-
ing, shoes, sleeping bags, and related nonlethal excess sup-
plies available to the Secretary of Veterans Affairs for dis-
tribution to homeless veterans and programs assisting
homeless veterans. The transfer of nonlethal excess supplies
to the Secretary of Veterans Affairs under this paragraph
shall be without reimbursement.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 2557. Excess nonlethal supplies: availability for
homeless veteran initiatives and humani-
tarian relief’’.
(2) The table of sections at the beginning of chapter
152 of such title is amended by striking the item relating
to section 2557 and inserting the following new item:
‘‘2557. Excess nonlethal supplies: availability for homeless veteran initiatives and
humanitarian relief.’’.
SEC. 352. CONTINUATION OF LIMITATIONS ON IMPLEMEN-
TATION OF NAVY-MARINE CORPS INTRANET
CONTRACT.
(a) EXCLUSION OF MARINE CORPS.—Subsection (c) of
section 814 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted by Public
Law 106–398; 114 Stat. 1654A–215) is amended—
(1) by striking ‘‘PROHIBITION ON INCREASE OF
RATES
CHARGED.—’’ 
and 
inserting 
‘‘PROHIBI-
TIONS.—(1)’’;
(2) by striking ‘‘fiscal year 2001’’ and inserting
‘‘fiscal year 2002’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2) The Navy Intranet contract may not include any
activities of the Marine Corps.’’.
(b) LIMITATION ON PHASED IMPLEMENTATION.—Sub-
section (b)(4) of such section is amended—
(1) by striking ‘‘fiscal year 2001’’ both places it
appears and inserting ‘‘fiscal year 2002’’; and
(2) by striking ‘‘Marine Corps, the naval ship-
yards, or’’ both places it appears and inserting
‘‘naval shipyards or’’.
SEC. 353. COMPLETION AND EVALUATION OF CURRENT
DEMONSTRATION PROGRAMS TO IMPROVE
QUALITY OF PERSONAL PROPERTY SHIP-
MENTS OF MEMBERS.
(a) COMPLETION.—The Secretary of Defense shall con-
duct to completion all demonstration programs in the De-
partment of Defense that were designed to improve the
movement of household goods of members of the Armed
Forces and were being conducted or authorized as of October
1, 2000,
(b) EVALUATION.—Not later than August 31, 2002, the
Secretary of Defense shall submit to Congress a report eval-
uating whether the demonstration programs referred to in
subsection (a), as implemented, satisfy the goals (as con-
tained in the General Accounting Report NSIAD 97–49)
for such demonstration programs previously agreed upon
between the Department of Defense and representatives of
private sector entities involved in the transportation of
household goods for members of the Armed Forces.
(c) INTERIM REPORTS.—Not later than January 15,
2002, and April 15, 2002, the Secretary shall submit to
Congress interim reports regarding the progress of the dem-
onstration programs referred to in subsection (a).
SEC. 354. EXPANSION OF ENTITIES ELIGIBLE FOR LOAN,
GIFT, AND EXCHANGE OF DOCUMENTS, HIS-
TORICAL ARTIFACTS, AND OBSOLETE COM-
BAT MATERIEL.
Section 2572(a)(1) of title 10, United States Code, is
amended by inserting before the period at the end the fol-
lowing: ‘‘, county, or other political subdivision of a State’’.
Subtitle G—Service Contracting
Reform
SEC. 361. SHORT TITLE.
This subtitle may be cited as the ‘‘Department of De-
fense Service Contracting Reform Act of 2001’’.
SEC. 362. REQUIRED COST SAVINGS LEVEL FOR CHANGE OF
FUNCTION TO CONTRACTOR PERFORMANCE.
Section 2461(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(5)(A) A commercial or industrial type function of
the Department of Defense may not be changed to perform-
ance by the private sector unless, as a result of the cost com-
parison examination required under paragraph (3)(A), that
employed the most efficient organization process described
in Office of Management and Budget Circular A–76 or any
successor administrative regulation or policy, at least a 10-
percent cost savings would be achieved by performance of
the function by the private sector over the term of the con-
tract.
‘‘(B) The cost savings requirement specified in sub-
paragraph (A) does not apply to any contracts for special
studies and analyses, construction services, architectural
services, engineering services, medical services, scientific
and technical services related to (but not in support of) re-
search and development, and depot-level maintenance and
repair services.
‘‘(C) The Secretary of Defense may waive the cost sav-
ings requirement if—
‘‘(i) the written waiver is prepared by the Sec-
retary of Defense, or the relevant Assistant Secretary
or agency head; and
‘‘(ii) the written waiver is accompanied by a de-
tailed determination that national security interests
are so compelling as to preclude compliance with the
requirement for a cost comparison examination.
‘‘(D) The Secretary of Defense shall publish a copy of
the waiver in the Federal Register.’’.
SEC. 363. APPLICABILITY OF STUDY AND REPORTING RE-
QUIREMENTS TO NEW COMMERCIAL OR IN-
DUSTRIAL TYPE FUNCTIONS.
(a) NEW FUNCTIONS.—Section 2461(a) of title 10,
United States Code, is amended—
(1) by striking ‘‘CHANGE IN PERFORMANCE.—’’
and inserting ‘‘CHANGE IN OR INITIATION OF PER-
FORMANCE.—(1)’’; and
(2) by adding at the end the following new para-
graphs:
‘‘(2) In the case of a commercial or industrial type
function of the Department of Defense not previously per-
formed by Department of Defense civilian employees or a
contractor, the performance of the function by the private
sector may not be initiated until—
‘‘(A) the Secretary of Defense conducts a cost
comparison examination that employs the most effi-
cient organization process described in Office of Man-
agement and Budget Circular A-76, and its supple-
mental handbook or any successor administrative reg-
ulation or policy; and
‘‘(B) a determination is made that performance
of the function by the private sector would be less
costly over the term of the contract than performance
by Department of Defense civilian employees during
that same period.
‘‘(3) This subsection does not apply to the following
contracts:
‘‘(A) A contract between the Department of De-
fense and the private sector for work with a contract
value of less than $1,000,000 so long as the work was
not divided, modified, or in any way changed for the
purpose of avoiding the requirements of this section.
‘‘(B) A contract for special studies and analyses,
construction services, architectural services, engineer-
ing services, medical services, scientific and technical
services related to (but not in support of) research
and development, and depot-level maintenance and
repair services.
‘‘(4) The Secretary of Defense may waive the applica-
bility of this section if—
‘‘(A) the written waiver is prepared by the Sec-
retary of Defense, or the relevant Assistant Secretary
or agency head; and
‘‘(B) the written waiver is accompanied by a de-
tailed determination that—
‘‘(i) there is no reasonable expectation that
civilian employees would win a public-private
competition for the function; and
‘‘(ii) the issuance of a waiver would not
serve to reduce significantly the level of or qual-
ity of competition in the future award or per-
formance of work.
‘‘(5) The Secretary of Defense shall publish a copy of
the waiver in the Federal Register.’’.
(b) MINIMAL LEVELS OF PUBLIC-PRIVATE COMPETI-
TION FOR NEW WORK.—(1) Notwithstanding the use of the
waiver authority provided in section 2461 of title 10,
United States Code, as amended by this section, not less
than the percentage specified in paragraph (2) of the total
dollars expended during a specified fiscal year for the per-
formance by contractors of commercial or industrial type
functions of the Department of Defense not previously per-
formed by Department of Defense civilian employees or the
private sector (that are not otherwise exempt from compari-
son under such section) shall be expended for service con-
tracts that are awarded after the completion of cost com-
parison examinations.
(2) The requirements of paragraph (1) apply as fol-
lows:
(A) Not less than 10 percent, for fiscal year
2003.
(B) Not less than 20 percent, for fiscal year
2004.
(C) Not less than 30 percent, for fiscal year
2005.
(c) CLERICAL AMENDMENTS.—(1) The heading of such
section 2461 is amended to read as follows:
‘‘§ 2461. Commercial or industrial type functions: re-
quired studies and reports before conver-
sion to, or initiation of, contractor or ci-
vilian employee performance’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 146 of title 10, United
States Code, is amended to read as follows:
‘‘2461. Commercial or industrial type functions: required studies and reports be-
fore conversion to, or initiation of, contractor or civilian em-
ployee performance.’’.
SEC. 364. REPEAL OF WAIVER FOR SMALL FUNCTIONS.
Section 2461 of title 10, United States Code, is amend-
ed by striking subsection (d).
SEC. 365. REQUIREMENT FOR EQUITY IN PUBLIC-PRIVATE
COMPETITIONS.
Section 2461 of title 10, United States Code, is amend-
ed by inserting after subsection (c) the following new sub-
section:
‘‘(d) EQUITY IN PUBLIC-PRIVATE COMPETITION.—(1)
For any fiscal year in which commercial or industrial type
functions of the Department of Defense performed by De-
partment of Defense civilian employees are studied for pos-
sible change to private sector performance, the Secretary of
Defense shall subject approximately the same number of po-
sitions held by non-Federal employees under contracts with
the Department of Defense to the same cost comparison ex-
amination described in subsection (b)(3), subject to the com-
pletion of the terms of those contracts.
‘‘(2) To the extent possible, the Secretary of Defense
should, in complying with this subsection, select those con-
tract positions held by non-Federal employees under con-
tracts with the Department of Defense that are associated
with commercial or industrial type functions that are, or
have been, performed at least in part by Department of De-
fense civilian employees at any time on or after October
1, 1980.
‘‘(3) Notwithstanding any limitation on the number
of Department of Defense civilian employees established by
law, regulation, or policy, the Department of Defense may
continue to employ, or may hire, such civilian employees
as are necessary to perform functions acquired through the
public-private competitions required by this subsection or
any other provision of this section.’’.
SEC. 366. REPORTING REQUIREMENTS REGARDING DE-
PARTMENT OF DEFENSE’S SERVICE CON-
TRACTOR WORKFORCE.
(a) IMPOSITION OF REPORTING REQUIREMENT.—(1)
Chapter 146 of title 10, United States Code, is amended
by inserting after section 2461a the following new section:
‘‘§ 2461b. Use of private sector to perform commercial
or industrial type function: contractor re-
porting requirements
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CONTRACTOR.—The term ‘contractor’ in-
cludes a subcontractor.
‘‘(2) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ includes the Secretary of Defense
with respect to matters concerning the Defense Agen-
cies.
‘‘(b) GENERAL REPORTING REQUIREMENT.—The Sec-
retary concerned shall require each defense contractor to re-
port to secure websites established and maintained by the
Defense Agencies and military departments the same con-
tractor direct and indirect manhour and cost information
collected by the Department of the Army pursuant to part
668 of title 32, Code of Federal Regulations, as in effect
on December 26, 2000, in terms of functions performed, ap-
propriations funding the contract, and identification of the
subordinate organizational elements within the Defense
Agency or military department directly overseeing the con-
tractor performance. The indirect information reported
may comprise annualized rates for an entire company,
which are not apportioned by specific contracts.
‘‘(c) ASSIGNMENT OF REPORTING RESPONSIBILITY.—
The Defense Agency or military department containing the
major organizational element receiving or reviewing the
work performed by a defense contractor shall be responsible
for collecting the data required by this section, even where
all or part of the contracted work is funded by appropria-
tions not controlled by the Secretary concerned. If the De-
fense Agency or military department containing the major
organizational element receiving or reviewing the work per-
formed by the contractor is different from the Defense Agen-
cy or military department containing the contracting activ-
ity, the Secretary concerned shall ensure that the contractor
reports the required information to the Defense Agency or
military department containing the major organizational
element receiving or reviewing the work performed by the
contractor.
‘‘(d) TIMING OF CONTRACTOR REPORTING TO ASSURE
DATA QUALITY.—The Secretary concerned shall require
contractors to report the information described in sub-
section (c) to the secure web-site contemporaneous with sub-
mission of a request for payment (for example, voucher, in-
voice, or request for progress payment) or not later than
quarterly.
‘‘(e) CONTRACT REQUIREMENT EFFECTIVE DATE.—
The Secretary concerned shall include the reporting require-
ment described in this section in each contract solicitation
issued, contract awarded, and bilateral modification of an
existing contract executed, by the Secretary concerned after
October 1, 2001.
‘‘(f) CONTRACTOR SELF-EXEMPTION.—The Secretary
concerned shall exempt a contractor from the data collection
requirement imposed by this section if the contractor cer-
tifies in writing that the contractor does not have an inter-
nal system for aggregating billable hours in the direct or
indirect pools, or an internal payroll accounting system,
and does not otherwise have to ever provide this information
to the Government. A contractor may not claim an exemp-
tion on the sole basis that the contractor is a foreign con-
tractor, that services are provided pursuant to a firm fixed
price or time and materials contract or similar instrument,
that the payroll system of the contractor is performed by
another person, or that the contractor has too many sub-
contractors. The validity of this certification is the only re-
quirement in this section subject to audit and verification
by the Secretary concerned.
‘‘(g) REPORT TO CONGRESS AND COMPTROLLER GEN-
ERAL ACTIONS.—The Secretary concerned shall submit the
information collected under subsection (c) to Congress not
later than October 1 of each year for the prior fiscal year.
Not later than April 1 of each year, the Comptroller General
will review the information submitted for the prior fiscal
year to assess compliance with this section and the effective-
ness of Department of Defense initiatives to integrate this
information into its budgeting process.
‘‘(h) PUBLICATION OF REPORTS.—After completion of
the Comptroller General review under subsection (h), the
Secretary concerned shall take steps to make the nonpropri-
etary compilations of the data public on web sites, using
the publication standard expressed by the Department of
the Army in part 668 of title 32, Code of Federal Regula-
tions.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2461a the following new item:
‘‘2461b. Use of private sector to perform commercial or industrial type function:
contractor reporting requirements.’’.
(b) EFFECTIVE DATE.—Section 2461b of title 10,
United States Code, as added by subsection (a), shall take
effect on October 1, 2001.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 2002, as follows:
(1) The Army, 480,000.
(2) The Navy, 376,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 358,800.
SEC. 402. REVISION IN PERMANENT END STRENGTH MIN-
IMUM LEVELS.
(a) REVISED
END
STRENGTH
FLOORS.—Section
691(b) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘372,000’’ and
inserting ‘‘376,000’’; and
(2) in paragraph (4), by striking ‘‘357,000’’ and
inserting ‘‘358,800’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 2001, or the date
of the enactment of this Act, whichever is later.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2002, as follows:
(1) The Army National Guard of the United
States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,000.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United
States, 108,400.
(6) The Air Force Reserve, 74,700.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve compo-
nent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected Re-
serve of such reserve component shall be proportionately in-
creased by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a),
the reserve components of the Armed Forces are authorized,
as of September 30, 2002, the following number of Reserves
to be serving on full-time active duty or full-time duty, in
the case of members of the National Guard, for the purpose
of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United
States, 22,974.
(2) The Army Reserve, 13,108.
(3) The Naval Reserve, 14,811.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United
States, 11,591.
(6) The Air Force Reserve, 1,437.
SEC. 
413. 
END 
STRENGTHS 
FOR 
MILITARY
TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual
status) as of the last day of fiscal year 2002 for the reserve
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall
be the following:
(1) For the Army National Guard of the
United States, 23,128.
(2) For the Army Reserve, 5,999.
(3) For the Air National Guard of the
United States, 22,422.
(4) For the Air Force Reserve, 9,818.
SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STA-
TUS TECHNICIANS.
(a) LIMITATION.—The number of non-dual status tech-
nicians employed by the reserve components of the Army
and the Air Force as of September 30, 2002, may not exceed
the following:
(1) For the Army Reserve, 1,095.
(2) For the Army National Guard of the United
States, 1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United
States, 350.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In
this section, the term ‘‘non-dual status technician’’ has the
meaning given that term in section 10217(a) of title 10,
United States Code.
SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PER-
SONNEL SERVING ON ACTIVE DUTY OR FULL-
TIME NATIONAL GUARD DUTY IN CERTAIN
GRADES FOR ADMINISTRATION OF RESERVE
COMPONENTS.
(a) OFFICERS.—The text of section 12011 of title 10,
United States Code, is amended to read as follows:
‘‘(a) LIMITATIONS.—(1) Of the total number of mem-
bers of a reserve component who are serving on full-time
reserve component duty at the end of any fiscal year, the
number of those members who may be serving in each of
the grades of major, lieutenant colonel, and colonel may not,
as of the end of that fiscal year, exceed the number deter-
mined in accordance with the following table:
‘‘Total number of members of a reserve compo-
nent serving on full-time reserve component
duty:
Number of officers of that reserve component who may be serving
in the grade of:
Major
Lieutenant Colonel
Colonel
Army Reserve:
10,000 ........................................................
1,390
740
230
11,000 ........................................................
1,529
803
242
12,000 ........................................................
1,668
864
252
13,000 ........................................................
1,804
924
262
14,000 ........................................................
1,940
984
272
15,000 ........................................................
2,075
1,044
282
16,000 ........................................................
2,210
1,104
291
17,000 ........................................................
2,345
1,164
300
18,000 ........................................................
2,479
1,223
309
19,000 ........................................................
2,613
1,282
318
20,000 ........................................................
2,747
1,341
327
21,000 ........................................................
2,877
1,400
336
Army National Guard:
20,000 ........................................................
1,500
850
325
22,000 ........................................................
1,650
930
350
24,000 ........................................................
1,790
1,010
370
26,000 ........................................................
1,930
1,085
385
28,000 ........................................................
2,070
1,160
400
30,000 ........................................................
2,200
1,235
405
32,000 ........................................................
2,330
1,305
408
34,000 ........................................................
2,450
1,375
411
36,000 ........................................................
2,570
1,445
411
38,000 ........................................................
2,670
1,515
411
40,000 ........................................................
2,770
1,580
411
42,000 ........................................................
2,837
1,644
411
Marine Corps Reserve:
1,100 ..........................................................
106
1,200 ..........................................................
110
1,300 ..........................................................
114
1,400 ..........................................................
118
1,500 ..........................................................
121
1,600 ..........................................................
124
1,700 ..........................................................
127
1,800 ..........................................................
130
1,900 ..........................................................
133
2,000 ..........................................................
136
2,100 ..........................................................
139
2,200 ..........................................................
141
2,300 ..........................................................
143
2,400 ..........................................................
145
2,500 ..........................................................
147
2,600 ..........................................................
149
Air Force Reserve:
500 .............................................................
1,000 ..........................................................
155
165
1,500 ..........................................................
220
240
135
2,000 ..........................................................
285
310
170
2,500 ..........................................................
350
369
203
‘‘Total number of members of a reserve compo-
nent serving on full-time reserve component
duty:
Number of officers of that reserve component who may be serving
in the grade of:
Major
Lieutenant Colonel
Colonel
3,000 ..........................................................
413
420
220
3,500 ..........................................................
473
464
230
4,000 ..........................................................
530
500
240
4,500 ..........................................................
585
529
247
5,000 ..........................................................
638
550
254
5,500 ..........................................................
688
565
261
6,000 ..........................................................
735
575
268
7,000 ..........................................................
770
595
280
8,000 ..........................................................
805
615
290
10,000 ........................................................
835
635
300
Air National Guard:
5,000 ..........................................................
333
335
251
6,000 ..........................................................
403
394
260
7,000 ..........................................................
472
453
269
8,000 ..........................................................
539
512
278
9,000 ..........................................................
606
571
287
10,000 ........................................................
673
630
296
11,000 ........................................................
740
688
305
12,000 ........................................................
807
742
314
13,000 ........................................................
873
795
323
14,000 ........................................................
939
848
332
15,000 ........................................................
1,005
898
341
16,000 ........................................................
1,067
948
350
17,000 ........................................................
1,126
998
359
18,000 ........................................................
1,185
1,048
368
19,000 ........................................................
1,235
1,098
377
20,000 ........................................................
1,283
1,148
380.
‘‘(2) Of the total number of members of the Naval Re-
serve who are serving on full-time reserve component duty
at the end of any fiscal year, the number of those members
who may be serving in each of the grades of lieutenant com-
mander, commander, and captain may not, as of the end
of that fiscal year, exceed the number determined in accord-
ance with the following table:
‘‘Total number of members of Naval Reserve
serving on full-time reserve component duty
Number of officers who may be serving in the grade of:
Lieutenant com-
mander
Commander
Captain
10,000 ........................................................
807
447
141
11,000 ........................................................
867
467
153
12,000 ........................................................
924
485
163
13,000 ........................................................
980
503
173
14,000 ........................................................
1,035
521
183
15,000 ........................................................
1,088
538
193
16,000 ........................................................
1,142
555
203
17,000 ........................................................
1,195
565
213
18,000 ........................................................
1,246
575
223
19,000 ........................................................
1,291
585
233
‘‘Total number of members of Naval Reserve
serving on full-time reserve component duty
Number of officers who may be serving in the grade of:
Lieutenant com-
mander
Commander
Captain
20,000 ........................................................
1,334
595
242
21,000 ........................................................
1,364
603
250
22,000 ........................................................
1,384
610
258
23,000 ........................................................
1,400
615
265
24,000 ........................................................
1,410
620
270.
‘‘(b) DETERMINATIONS
BY INTERPOLATION.—If the
total number of members of a reserve component serving
on full-time reserve component duty is between any two
consecutive numbers in the first column of the appropriate
table in paragraph (1) or (2) of subsection (a), the cor-
responding authorized strengths for each of the grades
shown in that table for that component are determined by
mathematical interpolation between the respective numbers
of the two strengths. If the total number of members of a
reserve component serving on full-time reserve component
duty is more or less than the highest or lowest number, re-
spectively, set forth in the first column of the appropriate
table in paragraph (1) or (2) of subsection (a), the Sec-
retary concerned shall fix the corresponding strengths for
the grades shown in that table at the same proportion as
is reflected in the nearest limit shown in the table.
‘‘(c) REALLOCATIONS TO LOWER GRADES.—Whenever
the number of officers serving in any grade for duty de-
scribed in subsection (a) is less than the number authorized
for that grade under this section, the difference between the
two numbers may be applied to increase the number author-
ized under this section for any lower grade.
‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining
that it is in the national interest to do so, the Secretary
of Defense may increase for a particular fiscal year the
number of reserve officers that may be on full-time reserve
component duty for a reserve component in a grade referred
to in a table in subsection (a) by a number that does not
exceed the number equal to 5 percent of the maximum num-
ber specified for the grade in that table.
‘‘(2) Whenever the Secretary exercises the authority
provided in paragraph (1), the Secretary shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representa-
tives notice in writing of the adjustment made.
‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DE-
FINED.—In this section, the term ‘full-time reserve compo-
nent duty’ means the following duty:
‘‘(1) Active duty described in sections 10211,
10302, 10303, 10304, 10305, 12310, or 12402 of this
title.
‘‘(2) Full-time National Guard duty (other than
for training) under section 502(f) of title 32.
‘‘(3) Active duty described in section 708 of title
32.’’.
(b) SENIOR ENLISTED MEMBERS.—The text of section
12012 of title 10, United States Code, is amended to read
as follows:
‘‘(a) LIMITATIONS.—Of the total number of members
of a reserve component who are serving on full-time reserve
component duty at the end of any fiscal year, the number
of 
those 
members 
in 
each 
of 
pay 
grades 
of
E–8 and E–9 who may be serving on active duty under
section 10211 or 12310, or on full-time National Guard
duty under the authority of section 502(f) of title 32 (other
than for training) in connection with organizing, admin-
istering, recruiting, instructing, or training the reserve
components or the National Guard may not, as of the end
of that fiscal year, exceed the number determined in accord-
ance with the following table:
‘‘Total number of members of a reserve component serving on full-time
reserve component duty:
Number of members of that reserve compo-
nent who may be serving in the grade of:
E–8
E–9
Army Reserve:
10,000 ..........................................................................................
1,052
154
11,000 ..........................................................................................
1,126
168
12,000 ..........................................................................................
1,195
180
13,000 ..........................................................................................
1,261
191
14,000 ..........................................................................................
1,327
202
15,000 ..........................................................................................
1,391
213
16,000 ..........................................................................................
1,455
224
17,000 ..........................................................................................
1,519
235
18,000 ..........................................................................................
1,583
246
19,000 ..........................................................................................
1,647
257
20,000 ..........................................................................................
1,711
268
21,000 ..........................................................................................
1,775
278
Army National Guard:
20,000 ..........................................................................................
1,650
550
22,000 ..........................................................................................
1,775
615
24,000 ..........................................................................................
1,900
645
26,000 ..........................................................................................
1,945
675
28,000 ..........................................................................................
1,945
705
30,000 ..........................................................................................
1,945
725
32,000 ..........................................................................................
1,945
730
34,000 ..........................................................................................
1,945
735
‘‘Total number of members of a reserve component serving on full-time
reserve component duty:
Number of members of that reserve compo-
nent who may be serving in the grade of:
E–8
E–9
36,000 ..........................................................................................
1,945
738
38,000 ..........................................................................................
1,945
741
40,000 ..........................................................................................
1,945
743
42,000 ..........................................................................................
1,945
743
Naval Reserve:
10,000 ..........................................................................................
340
143
11,000 ..........................................................................................
364
156
12,000 ..........................................................................................
386
169
13,000 ..........................................................................................
407
182
14,000 ..........................................................................................
423
195
15,000 ..........................................................................................
435
208
16,000 ..........................................................................................
447
221
17,000 ..........................................................................................
459
234
18,000 ..........................................................................................
471
247
19,000 ..........................................................................................
483
260
20,000 ..........................................................................................
495
273
21,000 ..........................................................................................
507
286
22,000 ..........................................................................................
519
299
23,000 ..........................................................................................
531
312
24,000 ..........................................................................................
540
325
Marine Corps Reserve:
1,100 ............................................................................................
1,200 ............................................................................................
1,300 ............................................................................................
1,400 ............................................................................................
1,500 ............................................................................................
1,600 ............................................................................................
1,700 ............................................................................................
1,800 ............................................................................................
1,900 ............................................................................................
2,000 ............................................................................................
2,100 ............................................................................................
2,200 ............................................................................................
2,300 ............................................................................................
101
2,400 ............................................................................................
103
2,500 ............................................................................................
105
2,600 ............................................................................................
107
Air Force Reserve:
500 ...............................................................................................
1,000 ............................................................................................
145
1,500 ............................................................................................
208
105
2,000 ............................................................................................
270
130
2,500 ............................................................................................
325
150
3,000 ............................................................................................
375
170
3,500 ............................................................................................
420
190
4,000 ............................................................................................
460
210
4,500 ............................................................................................
495
230
5,000 ............................................................................................
530
250
5,500 ............................................................................................
565
270
6,000 ............................................................................................
600
290
7,000 ............................................................................................
670
330
8,000 ............................................................................................
740
370
10,000 ..........................................................................................
800
400
Air National Guard
5,000 ............................................................................................
1,020
405
6,000 ............................................................................................
1,070
435
7,000 ............................................................................................
1,120
465
8,000 ............................................................................................
1,170
490
9,000 ............................................................................................
1,220
510
‘‘Total number of members of a reserve component serving on full-time
reserve component duty:
Number of members of that reserve compo-
nent who may be serving in the grade of:
E–8
E–9
10,000 ..........................................................................................
1,270
530
11,000 ..........................................................................................
1,320
550
12,000 ..........................................................................................
1,370
570
13,000 ..........................................................................................
1,420
589
14,000 ..........................................................................................
1,470
608
15,000 ..........................................................................................
1,520
626
16,000 ..........................................................................................
1,570
644
17,000 ..........................................................................................
1,620
661
18,000 ..........................................................................................
1,670
678
19,000 ..........................................................................................
1,720
695
20,000 ..........................................................................................
1,770
712.
‘‘(b) DETERMINATIONS
BY INTERPOLATION.—If the
total number of members of a reserve component serving
on full-time reserve component duty is between any two
consecutive numbers in the first column of the table in sub-
section (a), the corresponding authorized strengths for each
of the grades shown in that table for that component are
determined by mathematical interpolation between the re-
spective numbers of the two strengths. If the total number
of members of a reserve component serving on full-time re-
serve component duty is more or less than the highest or
lowest number, respectively, set forth in the first column
of the table in subsection (a), the Secretary concerned shall
fix the corresponding strengths for the grades shown in the
table at the same proportion as is reflected in the nearest
limit shown in the table.
‘‘(c) REALLOCATIONS TO LOWER GRADE.—Whenever
the number of officers serving in pay grade E–9 for duty
described in subsection (a) is less than the number author-
ized for that grade under this section, the difference between
the two numbers may be applied to increase the number
authorized under this section for pay grade E–8.
‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining
that it is in the national interest to do so, the Secretary
of Defense may increase for a particular fiscal year the
number of reserve enlisted members that may be on active
duty or full-time National Guard duty as described in sub-
section (a) for a reserve component in a pay grade referred
to in a table in subsection (a) by a number that does not
exceed the number equal to 5 percent of the maximum num-
ber specified for that grade and reserve component in the
table.
‘‘(2) Whenever the Secretary exercises the authority
provided in paragraph (1), the Secretary shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representa-
tives notice in writing of the adjustment made.
‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DE-
FINED.—In this section, the term ‘full-time reserve compo-
nent duty’ has the meaning given the term in section
12011(e) of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2001, or the date of
the enactment of this Act, whichever is later.
Subtitle C—Other Matters Relating
to Personnel Strengths
SEC. 421. INCREASE IN PERCENTAGE BY WHICH ACTIVE
COMPONENT END STRENGTHS FOR ANY FIS-
CAL YEAR MAY BE INCREASED.
(a) INCREASE.—Section 115(c)(1) of title 10, United
States Code, is amended by striking ‘‘1 percent’’ and insert-
ing ‘‘2 percent’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2001, or the date
of the enactment of this Act, whichever is later.
SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR
NATIONAL GUARD AND RESERVE PERSONNEL
PERFORMING FUNERAL HONORS FUNCTIONS.
Section 115(d) of title 10, United States Code, is
amended by adding at the end the following new para-
graphs:
‘‘(10) Members of reserve components on active
duty to prepare for and to perform funeral honors
functions for funerals of veterans in accordance with
section 1491 of this title.
‘‘(11) Members on full-time National Guard duty
to prepare for and perform funeral honors functions
for funerals of veterans in accordance with section
1491 of this title.’’.
SEC. 423. INCREASE IN AUTHORIZED STRENGTHS FOR AIR
FORCE OFFICERS ON ACTIVE DUTY IN THE
GRADE OF MAJOR.
The table in section 523(a)(1) of title 10, United States
Code, is amended by striking the figures under the heading
‘‘Major’’ in the portion of the table relating to the Air Force
and inserting the following:
‘‘9,861
10,727
11,593
12,460
13,326
14,192
15,058
15,925
16,792
17,657
18,524
19,389
20,256
21,123
21,989
22,855
23,721
24,588
25,454’’.
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2002 a total of $82,279,101,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2002.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—General Personnel
Management Authorities
SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF
SENIOR GENERAL AND FLAG OFFICER POSI-
TIONS.
(a) REPEAL OF LIMIT ON NUMBER OF OFFICERS ON
ACTIVE DUTY IN GRADES OF GENERAL AND ADMIRAL.—
Section 528 of title 10, United States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 32 of such title is amended by
striking the item relating to section 528.
SEC. 502. ORIGINAL APPOINTMENTS IN REGULAR GRADES
FOR ACADEMY GRADUATES AND CERTAIN
OTHER NEW OFFICERS.
(a) REPEAL OF REQUIREMENT FOR ONE YEAR OF AC-
TIVE DUTY IN A RESERVE GRADE.—Section 532(e) of title
10, United States Code, is repealed.
(b) 
MILITARY
ACADEMY
GRADUATES.—Section
4353(b) of such title is amended to read as follows:
‘‘(b) A cadet who completes the prescribed course of in-
struction, is qualified for an original appointment in a reg-
ular component under section 532 of this title, and meets
such other criteria for appointment as a commissioned offi-
cer in the Army as may be prescribed by the Secretary of
the Army shall, upon graduation, be appointed a second
lieutenant in the Regular Army under section 531 of this
title, unless appointed under that section in a regular com-
ponent of one of the other armed forces in accordance with
section 541 of this title.’’.
(c) NAVAL ACADEMY GRADUATES.—Section 6967 of
such title is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Under regula-
tions’’; and
(2) by adding at the end the following:
‘‘(b) A midshipman who completes the prescribed
course of instruction, is qualified for an original appoint-
ment in a regular component under section 532 of this title,
and meets such other criteria for appointment as a commis-
sioned officer in the naval service as may be prescribed by
the Secretary of the Navy shall, upon graduation, be ap-
pointed an ensign in the Regular Navy or a second lieuten-
ant in the Regular Marine Corps under section 531 of this
title, unless appointed under that section in a regular com-
ponent of one of the other armed forces in accordance with
section 541 of this title.’’.
(d) AIR
FORCE
ACADEMY
GRADUATES.—Section
9353(b) of such title is amended to read as follows:
‘‘(b) A cadet who completes the prescribed course of in-
struction, is qualified for an original appointment in a reg-
ular component under section 532 of this title, and meets
such other criteria for appointment as a commissioned offi-
cer in the Air Force as may be prescribed by the Secretary
of the Air Force shall, upon graduation, be appointed a sec-
ond lieutenant in the Regular Air Force under section 531
of this title, unless appointed under that section in a reg-
ular component of one of the other armed forces in accord-
ance with section 541 of this title.’’.
(e) ROTC DISTINGUISHED
GRADUATES.—Section
2106(a) of such title is amended by adding at the end the
following new sentence: ‘‘However, a member of the program
selected for an appointment under this section who, under
regulations prescribed by the Secretary of the military de-
partment concerned, is designated or selected as a Distin-
guished Graduate (or the equivalent) shall be appointed as
a regular officer.’’.
(f) OTHER COMMISSIONING PROGRAMS.—(1) Chapter
33 of such title is amended by adding at the end the fol-
lowing new section:
‘‘§ 542. Distinguished Graduates of officer commis-
sioning programs other than service acad-
emies and ROTC
‘‘A person who is selected for an original appointment
as a commissioned officer in the Army, Navy, Air Force,
or Marine Corps as a result of satisfactory completion of
an officer commissioning program other than the course of
instruction at one of the service academies named in section
541 of this title or the Senior Reserve Officers’ Training
Corps program and who, under regulations prescribed by
the Secretary of the military department concerned, is des-
ignated or selected as a Distinguished Graduate of that pro-
gram (or the equivalent) shall be appointed as a regular
officer.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘542. Distinguished Graduates of officer commissioning programs other than serv-
ice academies and ROTC.’’.
(g) EFFECTIVE DATE.—The amendments made by this
section shall take effect on May 1, 2002.
100
SEC. 503. TEMPORARY REDUCTION OF TIME-IN-GRADE RE-
QUIREMENT 
FOR 
ELIGIBILITY 
FOR 
PRO-
MOTION FOR CERTAIN ACTIVE-DUTY LIST OF-
FICERS IN GRADES OF FIRST LIEUTENANT
AND LIEUTENANT (JUNIOR GRADE).
(a) AUTHORITY.—Subsection (a) of section 619 of title
10, United States Code, is amended—
(1) in paragraph (1)(B), by inserting before the
period at the end the following: ‘‘, or such shorter pe-
riod as may be in effect under paragraph (6)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(6)(A) When the needs of the service require, the Sec-
retary of the military department concerned may reduce to
eighteen months the period of service in grade applicable
for purposes of paragraph (1)(B) in the case of officers who
are serving in a position that is authorized for officers in
the grade of captain or, in the case of the Navy, lieutenant.
‘‘(B) If the Secretary of the military department con-
cerned uses the authority provided in subparagraph (A),
the number of captains or, in the case of the Navy, lieuten-
ants on the active-duty list may not exceed the number of
positions for which officers in that grade are authorized by
more than one percent.
101
‘‘(C) The authority under subparagraph (A) and the
limitation under subparagraph (B) expire on September
30, 2005.’’.
(b) STYLISTIC AMENDMENTS.—Such section is further
amended as follows:
(1) Subsection (a) is amended by striking
‘‘(a)(1)’’ and inserting ‘‘(a) TIME-IN-GRADE RE-
QUIREMENTS.—(1)’’.
(2) Subsection (b) is amended by striking
‘‘(b)(1)’’ and inserting ‘‘(b) CONTINUED ELIGIBILITY
FOR CONSIDERATION FOR PROMOTION OF OFFICERS
WHO HAVE PREVIOUSLY FAILED OF SELECTION.—
(1)’’.
(3) Subsection (c) is amended by striking
‘‘(c)(1)’’ and inserting ‘‘(c) OFFICERS TO BE CONSID-
ERED BY PROMOTION BOARDS.—(1)’’.
(4) Subsection (d) is amended by inserting
‘‘CERTAIN OFFICERS NOT TO BE CONSIDERED.—’’
after ‘‘(d)’’.
(c) TECHNICAL AMENDMENT.—Subsection (a)(4) of
such section is amended by striking ‘‘clause (A)’’ and insert-
ing ‘‘subparagraph (A)’’.
102
SEC. 504. INCREASE IN SENIOR ENLISTED ACTIVE DUTY
GRADE LIMIT FOR NAVY, MARINE CORPS, AND
AIR FORCE.
(a) MEMBERS IN PAY GRADE E–8.—Section 517(a) of
title 10, United States Code, is amended by striking ‘‘2 per-
cent (or, in the case of the Army, 2.5 percent)’’ and insert-
ing ‘‘2.5 percent’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2001, or the date
of the enactment of this Act, whichever is later.
SEC. 505. AUTHORITY FOR LIMITED EXTENSION OF MED-
ICAL DEFERMENT OF MANDATORY RETIRE-
MENT OR SEPARATION.
The text of section 640 of title 10, United States Code,
is amended to read as follows:
‘‘(a) If the Secretary of the military department con-
cerned determines that the evaluation of the physical condi-
tion of an officer and determination of the officer’s entitle-
ment to retirement or separation for physical disability re-
quire hospitalization or medical observation and that such
hospitalization or medical observation cannot be completed
with confidence in a manner consistent with the member’s
well being before the date on which the officer would other-
wise be required to retire or be separated under this title,
the Secretary may defer the retirement or separation of the
officer under this title.
103
‘‘(b) A deferral of retirement or separation under sub-
section (a) may not extend for more than 30 days after com-
pletion of the evaluation requiring hospitalization or med-
ical observation.’’.
SEC. 506. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE
DUTY OF MEMBERS SUBJECT TO MANDATORY
RETIREMENT OR SEPARATION.
(a) SECTION 12305 STOP-LOSS AUTHORITY.—Section
12305 of title 10, United States Code, is amended by adding
at the end the following new subsection:
‘‘(c) Upon the termination of a suspension made under
the authority of subsection (a) of a provision of law other-
wise requiring the separation or retirement of officers on
active duty because of age, length of service or length of serv-
ice in grade, or failure of selection for promotion, the Sec-
retary concerned shall extend by up to 90 days the otherwise
required separation or retirement date of any officer covered
by the suspended provision whose separation or retirement
date, but for the suspension, would have been before the date
of the termination of the suspension or within 90 days of
the date of such termination.’’.
(b) SECTION 123 STOP-LOSS AUTHORITY.—Section
123 of such title is amended by adding at the end the fol-
lowing new subsection:
104
‘‘(d) Upon the termination of a suspension made under
the authority of subsection (a) of a provision of law other-
wise requiring the separation or retirement of officers on
active duty because of age, length of service or length of serv-
ice in grade, or failure of selection for promotion, the Sec-
retary concerned shall extend by up to 90 days the otherwise
required separation or retirement date of any officer covered
by the suspended provision whose separation or retirement
date, but for the suspension, would have been before the date
of the termination of the suspension or within 90 days of
the date of such termination.’’.
SEC. 507. CLARIFICATION OF DISABILITY SEVERANCE PAY
COMPUTATION.
(a) CLARIFICATION.—Section 1212(a)(2) of title 10,
United States Code, is amended by striking ‘‘for pro-
motion’’ in subparagraph (C) and the first place it appears
in subparagraph (D).
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to members separated
under section 1203 or 1206 of title 10, United States Code,
on or after date of the enactment of this Act.
SEC. 508. OFFICER IN CHARGE OF UNITED STATES NAVY
BAND.
(a) DETAIL AND GRADE.—Section 6221 of title 10,
United States Code, is amended to read as follows:
105
§ 6221. United States Navy Band; officer in charge
‘‘(a) There is a Navy band known as the United States
Navy Band.
‘‘(b) An officer of the Navy designated for limited duty
under section 5589 or 5596 of this title who is serving in
a grade not below lieutenant commander may be detailed
by the Secretary of the Navy as Officer in Charge of the
United States Navy Band. While so serving, an officer so
detailed shall hold the grade of captain if recommended by
the Secretary of the Navy for appointment to that grade
and appointed to that grade by the President, by and with
the advice and consent of the Senate. Such an appointment
may be made notwithstanding section 5596(d) of this
title.’’.
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 6221 in the table of sections at the beginning of chapter
565 of such title is amended to read as follows:
‘‘6221. United States Navy Band; officer in charge.’’.
SEC. 509. ONE-YEAR EXTENSION OF EXPIRATION DATE FOR
CERTAIN 
FORCE 
MANAGEMENT 
AUTHORI-
TIES.
(a) EARLY RETIREMENT AUTHORITY
FOR ACTIVE
FORCE MEMBERS.—Section 4403(i) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293
note) is amended by striking ‘‘December 31, 2001’’ and in-
serting ‘‘December 31, 2002’’.
108
Year 1993 (10 U.S.C. 12681 note) is amended by striking
‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’.
(m) RETIRED PAY FOR NON-REGULAR SERVICE.—
Sections 12731(f) and 12731a(b) of title 10, United States
Code, are amended by striking ‘‘December 31, 2001’’ and
inserting ‘‘December 31, 2002’’.
(n) AFFILIATION WITH GUARD AND RESERVE UNITS;
WAIVER OF CERTAIN LIMITATIONS.—Section 1150(a) of
such title is amended by striking ‘‘December 31, 2001’’ and
inserting ‘‘December 31, 2002’’.
(o) 
RESERVE
MONTGOMERY
GI 
BILL.—Section
16133(b)(1)(B) of such title is amended by striking ‘‘Decem-
ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.
Subtitle B—Reserve Component
Personnel Policy
SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN
RESERVE OFFICERS ON ACTIVE DUTY FOR A
PERIOD OF THREE YEARS OR LESS.
(a) 
CLARIFICATION
OF
EXEMPTION.—Section
641(1)(D) of title 10, United States Code, is amended to
read as follows:
‘‘(D) on active duty under section 12301(d)
of this title, other than as provided under sub-
paragraph (C), if the call or order to active
duty, under regulations prescribed by the Sec-
109
retary concerned, specifies a period of three years
or less and continued placement on the reserve
active-status list;’’.
(b) RETROACTIVE APPLICATION.—(1) The Secretary of
the military department concerned may provide that an of-
ficer who was excluded from the active-duty list under sec-
tion 641(1)(D) of title 10, United States Code, as amended
by section 521 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 114 Stat. 1654A–108), shall be
considered to have been on the active-duty list during the
period beginning on the date on which the officer was so
excluded and ending on the date of the enactment of this
Act.
(2) The Secretary of the military department con-
cerned may provide that a Reserve officer who was placed
on the active-duty list on or after October 30, 1997, shall
be placed on the reserve active-status list if the officer other-
wise meets the conditions specified in section 641(1)(D) of
title 10, United States Code, as amended by subsection (a).
SEC. 512. EXPANDED APPLICATION OF RESERVE SPECIAL
SELECTION BOARDS.
(a) SPECIAL SELECTION BOARD
FOR BELOW-THE-
ZONE CONSIDERATION.—Section 14502 of title 10, United
States Code, is amended—
110
(1) in subsection (a)(1), by striking ‘‘from in or
above the promotion zone’’;
(2) in subsection (a)(3), by inserting ‘‘for selec-
tion for promotion from in or above the promotion
zone’’ after ‘‘for consideration’’; and
(3) in subsection (b)(1), by striking ‘‘from in or
above the promotion zone’’.
(b) TECHNICAL AMENDMENT.—Subsection (b)(1) of
such section is amended by striking ‘‘under this chapter by
a selection board’’ and inserting ‘‘by a promotion board
convened under section 14101(a) of this title’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply to any Reserve officer who was not
considered for promotion because of administrative error,
or was considered for promotion but not selected because
of material error, under part III of subtitle E of title 10,
United States Code, on or after October 1, 1996.
SEC. 513. EXCEPTION TO BACCALAUREATE DEGREE RE-
QUIREMENT FOR APPOINTMENT OF RESERVE
OFFICERS TO GRADES ABOVE FIRST LIEU-
TENANT.
Section 12205(b) of title 10, United States Code, is
amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
111
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4):
‘‘(4) The appointment to a grade in the Army
Reserve of a person whose original appointment as an
officer in the Army Reserve was through the Officer
Candidate School program and who immediately be-
fore that original appointment was an enlisted mem-
ber on active duty.’’.
SEC. 514. IMPROVED DISABILITY BENEFITS FOR CERTAIN
RESERVE COMPONENT MEMBERS.
(a) 
MEDICAL
AND
DENTAL
CARE.—Sections
1074a(a)(3) and 1076(a)(2)(C) of title 10, United States
Code, are each amended by striking ‘‘, if the’’ and all that
follows through ‘‘member’s residence’’.
(b) 
ELIGIBILITY
FOR
DISABILITY
RETIREMENT
OR
SEPARATION.—Sections 
1204(2)(B)(iii) 
and
1206(2)(B)(iii) of title 10, United States Code, are each
amended by striking ‘‘, if the’’ and all that follows through
‘‘member’s residence’’.
(c) RECOVERY, CARE, AND DISPOSITION
OF RE-
MAINS.—Section 1481(a)(2)(D) of title 10, United States
Code, is amended by striking ‘‘, if the site is outside reason-
able commuting distance from the member’s residence’’.
(d) PAY.—Sections 204(g)(1)(D), 204(h)(1)(D), and
206(a)(3)(C) of title 37, United States Code, are each
112
amended by striking ‘‘, if the site is outside reasonable com-
muting distance from the member’s residence’’.
SEC. 515. TIME-IN-GRADE REQUIREMENT FOR RESERVE
COMPONENT OFFICERS WITH A NONSERVICE
CONNECTED DISABILITY.
Section 1370(d)(3)(B) of title 10, United States Code,
is amended to read as follows:
‘‘(B) A person covered by subparagraph (A) who has
completed at least six months of satisfactory service in
grade may be credited with satisfactory service in the grade
in which serving at the time of transfer or discharge, not-
withstanding failure of the person to complete three years
of service in that grade, if that person—
‘‘(i) is transferred from an active status or dis-
charged as a reserve commissioned officer solely due
to the requirements of a nondiscretionary provision of
law requiring that transfer or discharge due to the
person’s age or years of service; or
‘‘(ii) is retired under chapter 1223 of this title
because the person no longer meets the qualification
for membership in the Ready Reserve solely because of
a physical disability, as determined, at a minimum,
by a medical evaluation board.’’.
113
SEC. 516. RESERVE MEMBERS CONSIDERED TO BE DE-
PLOYED 
FOR 
PURPOSES 
OF 
PERSONNEL
TEMPO MANAGEMENT.
Section 991(b) of title 10, United States Code, is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘active’’ before ‘‘service’’;
and
(B) by adding at the end the following:
‘‘For the purpose of applying the preceding sen-
tence to a member of a reserve component per-
forming active service, the housing in which the
member resides when on garrison duty at the
member’s permanent duty station or homeport,
as the case may be, shall be considered to be ei-
ther the housing the member normally occupies
when on garrison duty or the member’s perma-
nent civilian residence.’’;
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(4) in paragraph (3) (as so redesignated), by
striking ‘‘in paragraphs (1) and (2)’’ and inserting
‘‘in paragraph (1)’’.
114
SEC. 517. FUNERAL HONORS DUTY PERFORMED BY RE-
SERVE AND GUARD MEMBERS TO BE TREAT-
ED AS INACTIVE-DUTY TRAINING FOR CER-
TAIN PURPOSES.
(a) RESERVE MEMBERS.—Section 12503(a) of title 10,
United States Code, is amended by adding at the end the
following new sentence: ‘‘Performance of funeral honors
duty by a Reserve not on active duty shall be treated as
inactive-duty training (including with respect to travel to
and from such duty) for purposes of any provision of law
other than sections 206 and 435 of title 37.’’.
(b) NATIONAL GUARD MEMBERS.—Section 115(a) of
title 32, United States Code, is amended by adding at the
end the following new sentence: ‘‘Performance of funeral
honors duty by such a member not on active duty or full-
time National Guard duty shall be treated as inactive-duty
training (including with respect to travel to and from such
duty) for purposes of any provision of law other than sec-
tions 206 and 435 of title 37.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to funeral honors duty performed on or
after October 30, 2000.
115
SEC. 518. MEMBERS OF THE NATIONAL GUARD PER-
FORMING FUNERAL HONORS DUTY WHILE IN
NON-FEDERAL STATUS.
Section 1491(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(3) A member of the Army National Guard of the
United States or the Air National Guard of the United
States who serves as a member of a funeral honors detail
while in a duty status authorized under State law shall
be considered to be a member of the armed forces for the
purposes of the first sentence of paragraph (2).’’.
SEC. 519. USE OF MILITARY LEAVE FOR FUNERAL HONORS
DUTY BY RESERVE MEMBERS AND NATIONAL
GUARDSMEN.
Section 6323(a)(1) of title 5, United States Code, is
amended by inserting ‘‘funeral honors duty (as described
in section 12503 of title 10 and section 115 of title 32),’’
after ‘‘(as defined in section 101 of title 37),’’.
Subtitle C—Joint Specialty Officers
and Joint Professional Military
Education
SEC. 521. NOMINATIONS FOR JOINT SPECIALTY.
Paragraph (2) of section 661(b) of title 10, United
States Code, is amended by striking ‘‘The Secretaries’’ and
all that follows through ‘‘officers—’’ and inserting ‘‘Each
officer on the active-duty list on the date of the enactment
116
of the National Defense Authorization Act for Fiscal Year
2002 who has not before that date been nominated for the
joint specialty by the Secretary of a military department,
and each officer who is placed on the active-duty list after
such date, who meets the requirements of subsection (c) shall
automatically be considered to have been nominated for the
joint specialty. From among those officers considered to be
nominated for the joint specialty, the Secretary may select
for the joint specialty only officers—’’.
SEC. 522. JOINT DUTY CREDIT.
Paragraph (4) of section 664(i) of title 10, United
States Code, is amended—
(1) in subparagraph (E), by striking ‘‘The’’ and
inserting ‘‘Except as provided in subparagraph (F),
the’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(F) Service in a temporary joint task force as-
signment not involved in combat or combat-related
operations may not be credited for the purposes of
joint duty, unless, and only if—
‘‘(i) the service of the officer and the nature
of the joint task force not only meet all criteria
of this section, except subparagraph (E), but also
117
any additional criteria the Secretary may estab-
lish;
‘‘(ii) the Secretary has specifically approved
the operation conducted by the joint task force as
one that qualifies for joint service credit, and no-
tifies Congress upon each approval, providing
the criteria that led to that approval; and
‘‘(iii) the operation is conducted by the
joint task force in an environment where an ex-
tremely fragile state of peace and high potential
for hostilities coexist.’’.
SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY
IN CERTAIN JOINT TASK FORCES.
(a) AUTHORITY.—In accordance with section 664(i) of
title 10, United States Code, as amended by section 522,
the Secretary of Defense may award joint service credit to
any officer who served on the staff of a United States joint
task force headquarters in an operation and during the pe-
riod set forth in subsection (b) and who meets the criteria
specified in such section. To determine which officers qual-
ify for such retroactive credit, the Secretary shall undertake
a case-by-case review of the records of officers.
(b) ELIGIBLE OPERATIONS.—Service in the following
operations, during the specified periods, may be counted for
credit under subsection (a):
118
(1) Operation Northern Watch, during the period
beginning on August 1, 1992, and ending on a date
to be determined.
(2) Operation Southern Watch, during the pe-
riod beginning on August 27, 1992, and ending on a
date to be determined.
(3) Operation Able Sentry, during the period be-
ginning on June 26, 1993, and ending on February
28, 1999.
(4) Operation Joint Endeavor, during the period
beginning on December 25, 1995, and ending on De-
cember 19, 1996.
(5) Operation Joint Guard, during the period
beginning on December 20, 1996, and ending on June
20, 1998.
(6) Operation Desert Thunder, beginning on
January 24, 1998, and ending on December 15, 1998.
(7) Operation Joint Forge, beginning on June
20, 1998, and ending on June 10, 1999.
(8) Operation Noble Anvil, beginning on March
24, 1999, and ending on July 20, 1999.
(9) Operation Joint Guardian, beginning on
June 11, 1999, and ending on a date to be deter-
mined.
119
(c) REPORT.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report of the numbers, by service,
grade, and operation, of the officers given joint service cred-
it in accordance with this section.
SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFI-
CER MANAGEMENT.
Section 667 of title 10, United States Code, is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B) The number of officers who meet the cri-
teria for selection for the joint specialty but were not
selected, together with the reasons why.’’;
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) The number of officers with the joint spe-
cialty, shown by grade and branch or specialty and
by education.’’;
(3) in paragraph (3)—
(A) in subparagraph (A) and (B), by strik-
ing ‘‘nominated’’ and inserting ‘‘selected’’;
120
(B) by inserting ‘‘and’’ at the end of sub-
paragraph (D);
(C) by striking subparagraph (E); and
(D) by redesignating subparagraph (F) as
subparagraph (E);
(4) in paragraph (4)(A), by striking ‘‘nomi-
nated’’ and inserting ‘‘selected’’;
(5) in paragraph (14)—
(A) by inserting ‘‘(A)’’ after ‘‘(14)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B) An assessment of the extent to which the
Secretary of each military department is assigning
personnel to joint duty assignments in accordance
with this chapter and the policies, procedures, and
practices established by the Secretary of Defense
under section 661(a) of this title.’’; and
(6) in paragraph (16), by striking ‘‘section
664(i)’’ in the matter preceding subparagraph (A)
and in subparagraph (B) and inserting ‘‘subpara-
graphs (E) and (F) of section 664(i)(4)’’.
121
SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPE-
CIALTY BEFORE PROMOTION TO GENERAL OR
FLAG OFFICER GRADE.
(a) REQUIREMENT.—Subsection (a) of section 619a of
title 10, United States Code, is amended by striking ‘‘un-
less’’ and all that follows and inserting ‘‘unless—
‘‘(1) the officer has completed a full tour of duty
in a joint duty assignment (as described in section
664(f) of this title); and
‘‘(2) for appointments after September 30, 2007,
the officer has been selected for the joint specialty in
accordance with section 661 of this title.’’
(b) WAIVER AUTHORITY.—Subsection (b) of that sec-
tion is amended by striking ‘‘may waive subsection (a) in
the following circumstances:’’ and inserting ‘‘may waive
paragraph (1) or paragraph (2) of subsection (a), or both
paragraphs (1) and (2) of subsection (a), in the following
circumstances (except that paragraph (2) of subsection (a)
may not be waived by reason of paragraph (4)):’’.
(c) PROPOSED LEGISLATIVE CHANGES.—Not later
than December 1, 2002, the Secretary of Defense shall sub-
mit to Congress a draft proposal for such legislative changes
as the Secretary considers needed to implement the amend-
ment made by subsections (a) and (b).
122
SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MAN-
AGEMENT AND JOINT PROFESSIONAL MILI-
TARY EDUCATION REFORMS.
(a) STUDY.—The Secretary of Defense shall provide for
an independent study of the joint officer management sys-
tem and the joint professional military education system.
The Secretary shall ensure that the entity conducting the
study is provided such information and support as re-
quired. The Secretary shall include in the contract for the
study a requirement that the entity conducting the study
submit a report to Congress on the study not later than
June 30, 2002.
(b) MATTERS TO BE INCLUDED WITH RESPECT TO
JOINT OFFICER MANAGEMENT.—With respect to the joint
officer management system, the entity conducting the inde-
pendent study shall provide for the following:
(1) Assessment of implications for joint officer
education, development, and management that would
result from proposed joint organizational operational
concepts (such as standing joint task forces) and from
emerging officer management and personnel reforms
(such as longer careers and more stabilization), that
are under consideration by the Secretary of Defense.
(2) Assessment of the effectiveness of the current
joint officer management system to develop and use
joint specialty qualified officers in meeting both cur-
123
rent and future requirements for joint specialty offi-
cers.
(3) Recommendations, based on empirical and
other data, to improve the effectiveness of the joint of-
ficer management system, especially with regard to
the following:
(A) The proper mix and sequencing of edu-
cation assignments and experience assignments
(to include, with respect to both types of assign-
ments, consideration of the type and quality,
and the length, of such assignments) to qualify
an officer as a joint specialty officer, as well as
the implications of adopting a variable joint
duty tour length and the advisability and impli-
cations of a system of qualifying officers as joint
specialty officers that uses multiple shorter quali-
fication tracks to selection as a joint specialty of-
ficer than are now codified.
(B) The system of using joint specialty offi-
cers, including the continued utility of such
measures as—
(i) the required fill of positions on the
joint duty assignment list, as specified in
paragraphs (1) and (4) of section 661(d) of
title 10, United States Code;
124
(ii) the fill by such officers of a re-
quired number of critical billets, as pre-
scribed by section 661(d)(2) of such title;
(iii) the mandated fill by general and
flag officers of a minimum number of crit-
ical 
billets, 
as 
prescribed 
by 
section
661(d)(3) of such title; and
(iv) current promotion policy objectives
for officers with the joint specialty, officers
serving on the Joint Staff, and officers serv-
ing in joint duty assignment list positions,
as prescribed by section 662 of such title.
(C) Changes in policy and law required to
provide officers the required joint specialty qual-
ification before promotion to general or flag offi-
cer grade.
(D) A determination of the number of re-
serve component officers who would be qualified
for designation as a joint specialty officer by
reason of experience or education if the stand-
ards of existing law, including waiver authori-
ties, were applied to them, and recommendations
for a process for qualifying and employing fu-
ture reserve component officers as joint specialty
officers.
125
(c) MATTERS TO BE INCLUDED WITH RESPECT TO
JOINT PROFESSIONAL MILITARY EDUCATION.—With re-
spect to the joint professional military education system,
the entity conducting the independent study shall provide
for the following:
(1) The number of officers who under the current
system (A) qualified as joint specialty officers by at-
tending joint professional military education pro-
grams before their first joint duty assignment, (B)
qualified as joint specialty officers after arriving at
their first joint duty assignment but before completing
that assignment, and (C) qualified as joint specialty
officers without any joint professional military edu-
cation.
(2) Recommended initiatives (include changes in
officer personnel management law, if necessary) to
provide incentives and otherwise facilitate attendance
at joint professional military education programs be-
fore an officer’s first joint duty assignment.
(3) Recommended goals for attendance at the
Joint Forces Staff College en route to a first joint
duty assignment.
(4) An assessment of the continuing utility of
statutory requirements for use of officers following
126
joint professional military education, as prescribed by
section 662(d) of title 10, United States Code.
(5) Determination of whether joint professional
military education programs should remain prin-
cipally an in-resident, multi-service experience and
what role non-resident or distributive learning can or
should play in future joint professional military edu-
cation programs.
(6) Examination of options for the length of and
increased capacity at Joint Forces Staff College, and
whether other in-resident joint professional military
education sources should be opened, and if opened,
how they might be properly accredited and overseen
to provide instruction at the level of the program des-
ignated as ’’joint professional military education’’.
(d) CHAIRMAN OF JOINT CHIEFS OF STAFF.—With re-
spect to the roles of the Secretary of Defense and the Chair-
man of the Joint Chiefs of Staff, the entity conducting the
independent study shall—
(1) provide for an evaluation of the current roles
of the Secretary of Defense, the Chairman of the Joint
Chiefs of Staff, and joint staff in law, policy, and im-
plementation with regard to establishing and main-
taining oversight of joint officer management, career
127
guidelines, and joint professional military education;
and
(2) make recommendations to improve and
strengthen those roles.
(e) REQUIREMENTS
FOR STUDY ENTITY.—In pro-
viding for the independent study required by subsection (a),
the Secretary of Defense shall ensure that the entity con-
ducting the study—
(1) is not a Department of Defense organization;
and
(2) shall, at a minimum, involve in the study,
in an integral way, the following persons:
(A) The Chairman of the Joint Chiefs of
Staff and available former Chairmen of the
Joint Chiefs of Staff.
(B) Members and former members of the
Joint Staff, the Armed Forces, the Congress, and
congressional staff who are or who have been sig-
nificantly involved in the development, imple-
mentation, or modification of joint officer man-
agement and joint professional military edu-
cation.
(C) Experts in joint officer management
and education from civilian academic and re-
search centers.
128
SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION.
(a) EXECUTIVE AGENT FOR FUNDING.—(1) Effective
beginning with fiscal year 2003, the Secretary of Defense
shall be the executive agent for funding professional develop-
ment education operations of all components of the National
Defense University, including the Joint Forces Staff Col-
lege. The Secretary may not delegate the Secretary’s func-
tions and responsibilities under the preceding sentence to
the Secretary of a military department.
(2) Nothing in this subsection affects policies in effect
on the date of the enactment of this Act with respect to—
(A) the reporting of the President of the National
Defense University to the Chairman of the Joint
Chiefs of Staff; or
(B) provision of logistical and base operations
support for components of the National Defense Uni-
versity by the military departments.
(b) PREPARATION OF BUDGET REQUESTS.—Section
2162(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(2) As executive agent for funding professional devel-
opment education at the National Defense University, in-
cluding the Joint Forces Staff College, the Secretary of De-
129
fense, with the advice of the Chairman of the Joint Chiefs
of Staff, shall prepare the annual budget for professional
development education operations at the National Defense
University and set forth that request as a separate budget
request in the materials submitted to Congress in support
of the budget request for the Department of Defense. Nothing
in the preceding sentence affects policies in effect on the date
of the enactment of this paragraph with respect to budgeting
for the funding of logistical and base operations support
for components of the National Defense University through
the military departments.’’.
(c) FUNDING SOURCE.—(1) Section 2165 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(d) SOURCE OF FUNDS FOR PROFESSIONAL DEVEL-
OPMENT EDUCATION OPERATIONS.—Funding for the pro-
fessional development education operations of the National
Defense University shall be provided from funds made
available to the Secretary of Defense from the annual ap-
propriation ‘Operation and Maintenance, Defense-wide’.’’.
(2) Subsection (d) of section 2165 of title 10, United
States Code, as added by paragraph (1), shall become effec-
tive beginning with fiscal year 2003.
130
SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVER-
SITY TO ENROLL CERTAIN PRIVATE SECTOR
CIVILIANS.
(a) IN GENERAL.—(1) Chapter 108 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2167. National Defense University: admission of
private sector civilians to professional
military education program
‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of
Defense may permit eligible private sector employees who
work in organizations relevant to national security to re-
ceive instruction at the National Defense University in ac-
cordance with this section. No more than 10 full-time equiv-
alent private sector employees may be enrolled at any one
time. Upon successful completion of the course of instruction
in which enrolled, any such private sector employee may
be awarded an appropriate diploma or degree under section
2165 of this title.
‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For
purposes of this section, an eligible private sector employee
is an individual employed by a private firm that is engaged
in providing to the Department of Defense or other Govern-
ment departments or agencies significant and substantial
defense-related systems, products, or services or whose work
product is relevant to national security policy or strategy.
131
A private sector employee admitted for instruction at the
National Defense University remains eligible for such in-
struction only so long as that person remains employed by
the same firm.
‘‘(c) ANNUAL CERTIFICATION BY SECRETARY OF DE-
FENSE.—Private sector employees may receive instruction
at the National Defense University during any academic
year only if, before the start of that academic year, the Sec-
retary of Defense determines, and certifies to the Committee
on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives, that pro-
viding instruction to private sector employees under this
section during that year will further national security in-
terests of the United States.
‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of
Defense shall ensure that—
‘‘(1) the curriculum for the professional military
education program in which private sector employees
may be enrolled under this section is not readily
available through other schools and concentrates on
national security relevant issues; and
‘‘(2) the course offerings at the National Defense
University continue to be determined solely by the
needs of the Department of Defense.
132
‘‘(e) TUITION.—The President of the National Defense
University shall charge students enrolled under this section
a rate—
‘‘(1) that is at least the rate charged for employ-
ees of the United States outside the Department of De-
fense, less infrastructure costs, and
‘‘(2) that considers the value to the school and
course of the private sector student.
‘‘(f) STANDARDS OF CONDUCT.—While receiving in-
struction at the National Defense University, students en-
rolled under this section, to the extent practicable, are sub-
ject to the same regulations governing academic perform-
ance, attendance, norms of behavior, and enrollment as
apply to Government civilian employees receiving instruc-
tion at the university.
‘‘(g) USE OF FUNDS.—Amounts received by the Na-
tional Defense University for instruction of students en-
rolled under this section shall be retained by the university
to defray the costs of such instruction. The source, and the
disposition, of such funds shall be specifically identified in
records of the university.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2167. National Defense University: admission of private sector civilians to pro-
fessional military education program.’’.
133
(b) EFFECTIVE DATE.—Section 2167 of title 10,
United States Code, as added by subsection (a), shall take
effect on January 1, 2002.
SEC. 529. CONTINUATION OF RESERVE COMPONENT PRO-
FESSIONAL MILITARY EDUCATION TEST.
(a) CONTINUATION OF CONCEPT VALIDATION TEST.—
During fiscal year 2002, the Secretary of Defense shall con-
tinue the concept validation test of Reserve component joint
professional military education that was begun in fiscal
year 2001 at the National Defense University.
(b) PILOT PROGRAM.—If the Secretary of Defense de-
termines that the results of the concept validation test re-
ferred to in subsection (a) warrant conducting a pilot pro-
gram of the concept that was the subject of the test, the Sec-
retary shall conduct such a pilot program during fiscal year
2003.
(c) FUNDING.—The Secretary shall provide funds for
the concept validation test under subsection (a) and for any
pilot program under subsection (b) from funds appro-
priated to the Secretary of Defense in addition those appro-
priated for operations of the National Defense University.
134
Subtitle D—Military Education and
Training
SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN-
GUAGE CENTER.
(a) AUTHORITY TO CONFER ASSOCIATE OF ARTS DE-
GREE.—Chapter 108 of title 10, United States Code, is
amended by adding after section 2167, as added by section
528(a)(1), the following new section:
‘‘§ 2168. Defense Language Institute Foreign Lan-
guage Center: degree of Associate of Arts
in foreign language
‘‘(a) Subject to subsection (b), the Commandant of the
Defense Language Institute may confer an Associate of Arts
degree in a foreign language upon any graduate of the For-
eign Language Center of the Institute who fulfills the re-
quirements for that degree.
‘‘(b) A degree may be conferred upon a student under
this section only if the Provost of the Center certifies to the
Commandant that the student has satisfied all the require-
ments prescribed for the degree.
‘‘(c) The authority provided by subsection (a) shall be
exercised under regulations prescribed by the Secretary of
Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding after
135
the item relating to section 2167, as added by section
528(a)(2), the following new item:
‘‘2168. Defense Language Institute Foreign Language Center: degree of Associate
of Arts in foreign language.’’.
SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY
TO AWARD DEGREE OF MASTER OF STRA-
TEGIC STUDIES.
(a) MARINE CORPS WAR COLLEGE DEGREE.—Section
7102 of title 10, United States Code, is amended—
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) MARINE CORPS WAR COLLEGE.—Upon the rec-
ommendation of the Director and faculty of the Marine
Corps War College of the Marine Corps University, the
President of the Marine Corps University may confer the
degree of master of strategic studies upon graduates of the
Marine Corps War College who fulfill the requirements for
that degree.’’.
(b) CONFORMING AMENDMENTS.—(1) Subsection (a) of
such section is amended by striking ‘‘upon graduates’’ and
all that follows and inserting ‘‘upon graduates of the Com-
mand and Staff College who fulfill the requirements for that
degree.’’.
136
(2) Subsection (c) of such section, as redesignated by
subsection (a)(1), is amended by striking ‘‘subsection (a)’’
and inserting ‘‘subsections (a) and (b)’’.
(3)(A) The heading of such section is amended to read
as follows:
‘‘§ 7102. Marine Corps University: masters degrees;
board of advisors’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 609 of such title is
amended to read as follows:
‘‘7102. Marine Corps University: masters degrees; board of advisors.’’.
(c) CODIFICATION OF REQUIREMENT FOR BOARD OF
ADVISORS.—(1) Section 7102 of title 10, United States
Code, as amended by subsections (a) and (b), is further
amended by adding at the end the following new subsection:
‘‘(d) BOARD OF ADVISORS.—The Secretary of the Navy
shall establish a board of advisors for the Marine Corps
University. The Secretary shall ensure that the board is es-
tablished so as to meet all requirements of the appropriate
regional accrediting association.’’.
(2) Section 912 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C.
7102 note) is repealed.
(d) EFFECTIVE DATE.—The authority to confer the de-
gree of master of strategic studies under section 7102(b) of
title 10, United States Code (as added by subsection (a))
137
may not be exercised until the Secretary of Education deter-
mines, and certifies to the President of the Marine Corps
University, that the requirements established by the Marine
Corps War College of the Marine Corps University for that
degree are in accordance with generally applicable require-
ments for a degree of master of arts. Upon receipt of such
a certification, the President of the University shall
promptly transmit a copy of the certification to the Com-
mittee on Armed Services of the Senate and Committee on
Armed Services of the House of Representatives.
SEC. 533. INCREASE IN NUMBER OF FOREIGN STUDENTS
AUTHORIZED TO BE ADMITTED TO THE SERV-
ICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—(1) Sub-
section (a)(1) of section 4344 of title 10, United States Code,
is amended by striking ‘‘40 persons’’ and inserting ‘‘60 per-
sons’’.
(2) Subsection (b) of such section is amended—
(A) by inserting ‘‘some or all’’ in paragraph (2)
after ‘‘unless a written waiver of’’; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not
apply with respect to any person who entered the United
States Military Academy to receive instruction under sec-
138
tion 4344 of title 10, United States Code, before the date
of the enactment of this Act.
(b) UNITED STATES NAVAL ACADEMY.—(1) Subsection
(a)(1) of section 6957 of title 10, United States Code, is
amended by striking ‘‘40 persons’’ and inserting ‘‘60 per-
sons’’.
(2) Subsection (b) of such section is amended—
(A) by inserting ‘‘some or all’’ in paragraph (2)
after ‘‘unless a written waiver of’’; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not
apply with respect to any person who entered the United
States Naval Academy to receive instruction under section
6957 of title 10, United States Code, before the date of the
enactment of this Act.
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Sub-
section (a)(1) of section 9344 of title 10, United States Code,
is amended by striking ‘‘40 persons’’ and inserting ‘‘60 per-
sons’’.
(2) Subsection (b) of such section is amended—
(A) by inserting ‘‘some or all’’ in paragraph (2)
after ‘‘unless a written waiver of’’; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not
apply with respect to any person who entered the United
139
States Air Force Academy to receive instruction under sec-
tion 9344 of title 10, United States Code, before the date
of the enactment of this Act.
SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT
AS A CADET OR MIDSHIPMAN IN SENIOR RE-
SERVE OFFICER TRAINING CORPS SCHOLAR-
SHIP PROGRAMS.
(a) GENERAL ROTC SCHOLARSHIP PROGRAM.—Sec-
tion 2107(a) of title 10, United States Code, is amended—
(1) by striking ‘‘27 years of age on June 30’’ and
inserting ‘‘35 years of age on December 31’’; and
(2) by striking ‘‘, except that’’ and all that fol-
lows through ‘‘on such date’’ the second place it ap-
pears.
(b) ARMY RESERVE
AND ARMY NATIONAL GUARD
ROTC SCHOLARSHIP PROGRAM.—Section 2107a(a) of such
title is amended—
(1) by striking ‘‘27 years of age on June 30’’ and
inserting ‘‘35 years of age on December 31’’; and
(2) by striking ‘‘, except that’’ and all that fol-
lows through ‘‘on such date’’ the second place it ap-
pears.
140
SEC. 535. ACTIVE DUTY PARTICIPATION AS A CADET OR
MIDSHIPMAN IN SENIOR ROTC ADVANCED
TRAINING.
(a) SENIOR RESERVE OFFICER TRAINING CORPS.—
Section 2104(b)(3) of title 10, United States Code, is
amended by striking ‘‘a reserve component of’’ ’’.
(b) BASIC PAY.—Section 209(c) of title 37, United
States Code, is amended by inserting ‘‘unless the cadet or
midshipman is serving on active duty’’ before the period
at the end.
SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGA-
TION OF CERTAIN ROTC CADETS IN MILITARY
JUNIOR COLLEGES RECEIVING FINANCIAL
ASSISTANCE.
(a) AUTHORITY TO MODIFY AGREEMENTS.—Sub-
section (b) of section 2107a of title 10, United States Code,
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by redesignating paragraphs (1), (2), (3),
(4), (5), and (6) as subparagraphs (A), (B), (C), (D),
(E), and (F), respectively;
(3) by designating the sentence following sub-
paragraph (F), as so redesignated, as paragraph (2);
and
(4) by adding at the end the following new para-
graph:
141
‘‘(3) In the case of a cadet under this section at a mili-
tary junior college, the Secretary may, at any time and
with the consent of the cadet concerned, modify an agree-
ment described in paragraph (1)(F) submitted by the cadet
to reduce or eliminate the troop program unit service obli-
gation specified in the agreement and to establish, in lieu
of that obligation, an active duty service obligation. Such
a modification may be made only if the Secretary deter-
mines that it is in the best interests of the United States
to do so.’’.
(b) RETROACTIVE APPLICATION.—The authority of the
Secretary of Defense under section 2107a(b)(3) of title 10,
United States Code, as added by subsection (a), may be ex-
ercised with regard to any agreement described in sub-
section (b)(1)(F) (including agreements related to partici-
pation in the Advanced Course of the Army Reserve Offi-
cers’ Training Corps at a military college or civilian insti-
tution) entered into during the period beginning on Janu-
ary 1, 1991 and ending on July 12, 2000.
(c) TECHNICAL AMENDMENT.—Subsection (h) of such
section is amended by striking ‘‘military college’’ in the sec-
ond sentence and inserting ‘‘military junior college’’.
142
SEC. 537. MODIFICATION OF NURSE OFFICER CANDIDATE
ACCESSION PROGRAM RESTRICTION ON STU-
DENTS ATTENDING EDUCATIONAL INSTITU-
TIONS WITH SENIOR RESERVE OFFICERS’
TRAINING PROGRAMS.
Section 2130a of title 10, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘that does
not have a Senior Reserve Officers’ Training Program
established under section 2102 of this title’’; and
(2) in subsection (b)(1), by inserting before the
semicolon at the end ‘‘or that has a Senior Reserve
Officers’ Training Program for which the student is
ineligible’’.
SEC. 538. REPEAL OF LIMITATION ON NUMBER OF JUNIOR
RESERVE 
OFFICERS’ 
TRAINING 
CORPS
(JROTC) UNITS.
Section 2031(a)(1) of title 10, United States Code, is
amended by striking the second sentence.
SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PRO-
GRAM EXPANSION.
(a) PURPOSE OF PROGRAM.—Subsection (a) of section
16201 of title 10, United States Code, is amended—
(1) by striking ‘‘specialties critically needed in
wartime’’;
143
(2) by striking ‘‘training in such specialties’’
and inserting ‘‘training that leads to a degree in
medicine or dentistry or training in a health profes-
sions specialty that is critically needed in wartime’’;
and
(3) by striking ‘‘training in certain health care
specialties’’ and inserting ‘‘health care education and
training’’.
(b) MEDICAL AND DENTAL STUDENT STIPEND.—Such
section is further amended—
(1) by redesignating subsections (b), (c), (d), and
(e) as subsections (c), (d), (e), and (f), respectively;
and
(2) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) MEDICAL AND DENTAL SCHOOL STUDENTS.—(1)
Under the stipend program under this chapter, the Sec-
retary of the military department concerned may enter into
an agreement with a person who—
‘‘(A) is eligible to be appointed as an officer in
a reserve component;
‘‘(B) is enrolled or has been accepted for enroll-
ment in an institution in a course of study that re-
sults in a degree in medicine or dentistry;
144
‘‘(C) signs an agreement that, unless sooner sepa-
rated, the person will—
‘‘(i) complete the educational phase of the
program;
‘‘(ii) accept a reappointment or redesigna-
tion within the person’s reserve component, if
tendered, based upon the person’s health profes-
sion, following satisfactory completion of the
educational and intern programs; and
‘‘(iii) participate in a residency program;
and
‘‘(D) if required by regulations prescribed by the
Secretary of Defense, agrees to apply for, if eligible,
and accept, if offered, residency training in a health
profession skill which has been designated by the Sec-
retary of Defense as a critically needed wartime skill.
‘‘(2) Under the agreement—
‘‘(A) the Secretary of the military department
concerned shall agree to pay the participant a sti-
pend, in the amount determined under subsection (f),
for the period or the remainder of the period the stu-
dent is satisfactorily progressing toward a degree in
medicine or dentistry while enrolled in an accredited
medical or dental school;
145
‘‘(B) the participant shall not be eligible to re-
ceive such stipend before appointment, designation, or
assignment as an officer for service in the Ready Re-
serve;
‘‘(C) the participant shall be subject to such ac-
tive duty requirements as may be specified in the
agreement and to active duty in time of war or na-
tional emergency as provided by law for members of
the Ready Reserve; and
‘‘(D) the participant shall agree to serve, upon
successful completion of the program, one year in the
Selected Reserve for each six months, or part thereof,
for which the stipend is provided. In the case of a
participant who enters into a subsequent agreement
under subsection (c) and successfully completes resi-
dency training in a specialty designated by the Sec-
retary of Defense as a specialty critically needed by
the military department in wartime, the requirement
to serve in the Selected Reserve may be reduced to one
year for each year, or part thereof, for which the sti-
pend was provided while enrolled in medical or den-
tal school.’’.
(c) WARTIME CRITICAL SKILLS.—Subsection (c) of
such section (as redesignated by subsection (b)(1)) is
amended—
146
(1) by inserting ‘‘WARTIME’’ after ‘‘CRITICAL’’ in
the heading; and
(2) by inserting ‘‘or has been appointed as a
medical or dental officer in the Reserve of the armed
force concerned’’ in paragraph (1)(B) before the semi-
colon at the end.
(d) SERVICE OBLIGATION REQUIREMENT.—Paragraph
(2)(D) of subsection (c) of such section (as redesignated by
subsection (b)(1)) and paragraph (2)(D) of subsection (d)
of such section (as so redesignated) are amended by striking
‘‘two years in the Ready Reserve for each year,’’ and insert-
ing ‘‘one year in the Ready Reserve for each six months,’’.
(e) CROSS-REFERENCE.—Paragraph (2)(A) of sub-
section (c) of such section (as redesignated by subsection
(b)(1)) and paragraph (2)(A) of subsection (d) of such sec-
tion (as so redesignated) are amended by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’.
SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR
THE CORPS OF CADETS, UNITED STATES
MILITARY ACADEMY.
(a) AUTHORITY.—The second sentence of section 4337
of title 10, United States Code, is amended to read as fol-
lows: ‘‘Notwithstanding any other provision of law, the
chaplain is entitled to the same basic allowance for housing
147
allowed to a lieutenant colonel, and to fuel and light for
quarters in kind.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first
month beginning on or after the date of the enactment of
this Act.
Subtitle E—Decorations, Awards,
and Commendations
SEC. 541. AUTHORITY FOR AWARD OF THE MEDAL OF
HONOR TO HUMBERT R. VERSACE FOR VALOR
DURING THE VIETNAM WAR.
(a) WAIVER OF TIME LIMITATION.—Notwithstanding
the time limitations specified in section 3744 of title 10,
United States Code, or any other time limitation with re-
spect to the awarding of certain medals to persons who
served in the military service, the President may award the
Medal of Honor under section 3741 of that title to Humbert
R. Versace for the acts of valor referred to in subsection
(b).
(b) ACTION DESCRIBED.—The acts of valor referred to
in subsection (a) are the actions of Humbert R. Versace be-
tween October 29, 1963, and September 26, 1965, while in-
terned as a prisoner-of-war by the Vietnamese Communist
National Liberation Front (Viet Cong) in the Republic of
Vietnam.
148
SEC. 542. REVIEW REGARDING AWARD OF MEDAL OF
HONOR TO CERTAIN JEWISH AMERICAN AND
HISPANIC AMERICAN WAR VETERANS.
(a) REVIEW REQUIRED.—The Secretary of each mili-
tary department shall review the service records of each
Jewish American war veteran or Hispanic American war
veteran described in subsection (b) to determine whether
that veteran should be awarded the Medal of Honor.
(b) COVERED JEWISH AMERICAN WAR VETERANS AND
HISPANIC AMERICAN WAR VETERANS.—The Jewish Amer-
ican war veterans and Hispanic American war veterans
whose service records are to be reviewed under subsection
(a) are the following:
(1) Any Jewish American war veteran or His-
panic American war veteran who was awarded the
Distinguished Service Cross, the Navy Cross, or the
Air Force Cross before the date of the enactment of
this Act.
(2) Any other Jewish American war veteran or
Hispanic American war veteran whose name is sub-
mitted to the Secretary concerned for such purpose be-
fore the end of the one-year period beginning on the
date of the enactment of this Act.
(c) CONSULTATIONS.—In carrying out the review
under subsection (a), the Secretary of each military depart-
ment shall consult with the Jewish War Veterans of the
149
United States of America and with such other veterans serv-
ice organizations as the Secretary considers appropriate.
(d) RECOMMENDATION BASED
ON REVIEW.—If the
Secretary concerned determines, based upon the review
under subsection (a) of the service records of any Jewish
American war veteran or Hispanic American war veteran,
that the award of the Medal of Honor to that veteran is
warranted, the Secretary shall submit to the President a
recommendation that the President award the Medal of
Honor to that veteran.
(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A
Medal of Honor may be awarded to a Jewish American war
veteran or Hispanic American war veteran in accordance
with a recommendation of the Secretary concerned under
subsection (a).
(f) WAIVER OF TIME LIMITATIONS.—An award of the
Medal of Honor may be made under subsection (e) without
regard to—
(1) section 3744, 6248, or 8744 of title 10,
United States Code, as applicable; and
(2) any regulation or other administrative re-
striction on—
(A) the time for awarding the Medal of
Honor; or
150
(B) the awarding of the Medal of Honor for
service for which a Distinguished Service Cross,
Navy Cross, or Air Force Cross has been award-
ed.
(g) DEFINITION.—For purposes of this section, the
term ‘‘Jewish American war veteran’’ means any person
who served in the Armed Forces during World War II or
a later period of war and who identified himself or herself
as Jewish on his or her military personnel records.
SEC. 543. AUTHORITY TO ISSUE DUPLICATE MEDAL OF
HONOR.
(a) ARMY.—(1) Chapter 357 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 3754. Medal of honor: duplicate medal
‘‘A person awarded a medal of honor shall, upon writ-
ten application of that person, be issued, without charge,
one duplicate medal of honor with ribbons and appur-
tenances. Such duplicate medal of honor shall be marked,
in such manner as the Secretary of the Army may deter-
mine, as a duplicate or for display purposes only.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘3754. Medal of honor: duplicate medal.’’.
151
(b) NAVY.—(1) Chapter 567 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 6256. Medal of honor: duplicate medal
‘‘A person awarded a medal of honor shall, upon writ-
ten application of that person, be issued, without charge,
one duplicate medal of honor with ribbons and appur-
tenances. Such duplicate medal of honor shall be marked,
in such manner as the Secretary of the Navy may deter-
mine, as a duplicate or for display purposes only.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘6256. Medal of honor: duplicate medal.’’.
(c) AIR FORCE.—(1) Chapter 857 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 8754. Medal of honor: duplicate medal
‘‘A person awarded a medal of honor shall, upon writ-
ten application of that person, be issued, without charge,
one duplicate medal of honor with ribbons and appur-
tenances. Such duplicate medal of honor shall be marked,
in such manner as the Secretary of the Air Force may deter-
mine, as a duplicate or for display purposes only.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘8754. Medal of honor: duplicate medal.’’.