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(5) Section 8336 of title 5, United States Code,
is amended—
(A) in subsection (d)(2), by striking ‘‘sub-
section (o)’’ and inserting ‘‘subsection (p)’’; and
(B) by redesignating the second subsection
(o), added by section 1152(a)(2) of the Floyd
D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law
106–398; 114 Stat. 1654A–320), as subsection
(p).
(6) Section 9001(3) of title 5, United States
Code, is amended by striking ‘‘and’’ at the end of
subparagraph (A) and inserting ‘‘or’’.
(7) Section 318(h)(3) of title 37, United States
Code, is amended by striking ‘‘subsection (a)’’ and
inserting ‘‘subsection (b)’’.
(8) Section 3695(a)(5) of title 38, United
States Code, is amended by striking ‘‘1610’’ and in-
serting ‘‘1611’’.
(9) Section 13(b) of the Peace Corps Act (22
U.S.C. 2512(b)) is amended by striking ‘‘, subject to
section 5532 of title 5, United States Code’’.
(10) Section 127(g)(6) of the Trade Deficit Re-
view Commission Act (19 U.S.C. 2213 note), as
amended by section 311(b) of the Legislative Branch
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Appropriations Act, 2000 (Public Law 106–57; 113
Stat. 428), is amended—
(A) by striking ‘‘AUTHORITIES.—’’ and all
that follows through ‘‘An individual’’ and in-
serting ‘‘AUTHORITIES.—An individual’’; and
(B) by striking subparagraph (B).
(11) Section 28 of the Atomic Energy Act of
1954 (42 U.S.C. 2038) is amended in the last sen-
tence by striking ’’, subject to’’ and all that follows
through the period at the end and inserting a period.
(12) Section 3212 of the National Nuclear Se-
curity Administration Act (50 U.S.C. 2402) is
amended by redesignating the second subsection (e),
added by section 3159(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year
2001 (as enacted by Public Law 106–398; 114 Stat.
1654A–469), as subsection (f).
SEC. 1047. LEASING OF NAVY SHIPS FOR UNIVERSITY NA-
TIONAL OCEANOGRAPHIC LABORATORY SYS-
TEM.
Subsection (g) of section 2667 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new paragraph:
‘‘(3) Paragraph (1) does not apply to a renewal or
extension of a lease by the Secretary of the Navy with
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a selected institution for operation of a ship within the
University National Oceanographic Laboratory System if,
under the lease, each of the following applies:
‘‘(A) Use of the ship is restricted to federally
supported research programs and to non-Federal
uses under specific conditions with approval by the
Secretary of the Navy.
‘‘(B) Because of the anticipated value to the
Navy of the oceanographic research and training
that will result from the ship’s operation, no mone-
tary lease payments are required from the lessee
under the initial lease or under any renewal or ex-
tension.
‘‘(C) The lessee is required to maintain the ship
in a good state of repair, readiness, and efficient op-
erating condition, conform to all applicable regu-
latory requirements, and assume full responsibility
for the safety of the ship, its crew, and scientific
personnel aboard.’’.
SEC. 1048. SENSE OF CONGRESS REGARDING CONTINUED
UNITED STATES COMMITMENT TO RESTOR-
ING 
LAFAYETTE 
ESCADRILLE 
MEMORIAL,
MARNES LA-COGUETTE, FRANCE.
(a) FINDINGS.—Congress finds the following:
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(1) The Lafayette Escadrille, an aviation
squadron within the French Lafayette Flying Corps,
was formed April 16, 1916.
(2) The Lafayette Escadrille consisted of avi-
ators from the United States who volunteered to
fight for the people of France during World War I.
(3) 265 volunteers from the United States
served in the Lafayette Flying Corps, completing
3,000 combat sorties and amassing nearly 200 vic-
tories.
(4) The Lafayette Escadrille won 4 Legions of
Honor, 7 Medailles Militaires, and 31 citations, each
with a Croix de Guerre.
(5) In 1918, command of the Lafayette Esca-
drille was transferred to the United States, where
the Lafayette Escadrille became the combat air force
of the United States.
(6) In 1921, a Franco-American committee was
organized to locate a final resting place for the 68
United States aviators who lost their lives flying for
France during World War I.
(7) The Lafayette Escadrille Memorial was
dedicated on July 4, 1928, in honor of all United
States aviators who flew for France during World
War I.
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(8) The Lafayette Escadrille Memorial Founda-
tion, located in the United States and in France,
was founded by Nelson Cromwell in 1930 and en-
dowed with a $1,500,000 trust for the maintenance
and upkeep of the Lafayette Escadrille Memorial.
(9) Environmental conditions have contributed
to structural damage to, and the overall degradation
of, the Lafayette Escadrille Memorial, preventing
the holding of memorial services inside the crypt.
(10) The French Government has pledged
funds to support a restoration of the Lafayette Es-
cadrille Memorial.
(11) The Lafayette Escadrille Memorial should
be restored to its original beauty to honor all the
United States aviators who flew for France during
World War I and to demonstrate the respect of the
United States for the sacrifices made by all Ameri-
cans who have served our Nation and our allies.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should continue to honor its
commitment to the United States aviators who lost their
lives flying for France during World War I by appro-
priating sufficient funds to restore the Lafayette Esca-
drille Memorial in Marnes La-Coguette, France.
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SEC. 1049. DESIGNATION OF FIREFIGHTER ASSISTANCE
PROGRAM IN HONOR OF FLOYD D. SPENCE, A
FORMER MEMBER OF THE HOUSE OF REP-
RESENTATIVES, AND SENSE OF CONGRESS
ON NEED TO CONTINUE THE PROGRAM.
(a) DESIGNATION.—Section 33(b)(2)(A) of the Fed-
eral Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)(2)(A)) is amended—
(1) by inserting ‘‘AND
DESIGNATION’’ after
‘‘ESTABLISHMENT’’; and
(2) by adding at the end the following new sen-
tence: ‘‘The program of firefighter assistance admin-
istered by the Office shall be known as the ‘Floyd
D. Spence Memorial Domestic Defenders Initia-
tive’.’’.
(b) SENSE OF CONGRESS.—The firefighters assist-
ance grant program authorized by section 33 of the Fed-
eral Fire Prevention and Control Act of 1974 (15 U.S.C.
2229) is recognized as having served as an effective device
in Congress’ ongoing effort to address the needs of Amer-
ica’s fire service, and it is the sense of Congress that the
program should be reauthorized for fiscal year 2003 and
subsequent fiscal years at a higher level of funding.
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SEC. 1050. SENSE OF CONGRESS ON IMPLEMENTATION OF
FUEL EFFICIENCY REFORMS IN DEPART-
MENT OF DEFENSE.
(a) FINDINGS.—Congress finds the following:
(1) The Federal Government is the largest sin-
gle energy user in the United States, and the De-
partment of Defense is the largest energy user
among all Federal agencies.
(2) The Department of Defense consumed
595,000,000,000,000 BTUs of petroleum in fiscal
year 1999, while all other Federal agencies combined
consumed 56,000,000,000,000 BTUs of petroleum.
(3) The total cost of petroleum to the Depart-
ment of Defense amounted to $3,600,000,000 in fis-
cal year 2000.
(4) Increased fuel efficiency would reduce the
cost of delivering fuel to military units during oper-
ations and training and allow a corresponding per-
centage of defense dollars to be reallocated to logis-
tic shortages and other readiness needs.
(5) Increased fuel efficiency would decrease the
time needed to assemble military units, would in-
crease unit flexibility, and would allow units to re-
main in the field for a longer period of time.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense should work to imple-
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ment fuel efficiency reforms, as recommended by the De-
fense Science Board report, which allow for investment de-
cisions based on the true cost of delivered fuel, strengthen
the linkage between warfighting capability and fuel logis-
tics requirements, provide high-level leadership encour-
aging fuel efficiency, target fuel efficiency improvements
through science and technology investment, and include
fuel efficiency in requirements and acquisition processes.
SEC. 1051. PLAN FOR SECURING RUSSIA’S NUCLEAR WEAP-
ONS, MATERIAL, AND EXPERTISE.
(a) PLAN FOR NONPROLIFERATION PROGRAMS WITH
RUSSIA.—Not later than June 15, 2002, the President
shall submit to Congress a plan—
(1) for cooperation with Russia on disposition
as soon as practicable of nuclear weapons and weap-
ons-usable nuclear material in Russia that Russia
does not retain in its nuclear arsenal; and
(2) to prevent the outflow from Russia of sci-
entific expertise that could be used for developing
nuclear weapons or other weapons of mass destruc-
tion, including delivery systems.
(b) CONTENT OF PLAN.—The plan required by sub-
section (a) shall include the following:
(1) Specific goals and measurable objectives for
the programs that are designed to carry out the ob-
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jectives specified in paragraphs (1) and (2) of sub-
section (a).
(2) Criteria for success for those programs and
a strategy for eventual termination of United States
contributions to those programs and assumption of
the ongoing support of those programs by Russia.
(3) A description of any administrative and or-
ganizational changes necessary to improve the co-
ordination and effectiveness of the programs to be
implemented under the plan.
(4) An estimate of the cost of carrying out
those programs.
(c) CONSULTATION WITH RUSSIA.—In developing
the plan required by subsection (a), the President shall
consult with Russia regarding the practicality of various
options.
(d) CONSULTATION WITH CONGRESS.—In developing
the plan required by subsection (a), the President shall
consult with the majority and minority leadership of the
appropriate committees of Congress.
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SEC. 1052. TWO-YEAR EXTENSION OF ADVISORY PANEL TO
ASSESS DOMESTIC RESPONSE CAPABILITIES
FOR TERRORISM INVOLVING WEAPONS OF
MASS DESTRUCTION.
Section 1405 of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (50 U.S.C.
2301 note) is amended—
(1) in subsection (h)(2), by striking ‘‘2001’’
and inserting ‘‘2003’’; and
(2) in subsection (l), by striking ‘‘three years’’
and inserting ‘‘five years’’.
SEC. 1053. ACTION TO PROMOTE NATIONAL DEFENSE FEA-
TURES PROGRAM.
(a) FINDINGS.—The Congress finds the following:
(1) The National Defense Features program,
which is funded from the National Defense Sealift
Fund established by section 2218 of title 10, United
States Code, is a constituent element of the defense
policy of the United States intended to provide es-
sential sealift capacity in emergencies, strengthen
the national shipbuilding base, and maintain a re-
source of highly trained merchant seamen.
(2) Implementation of the National Defense
Features program would provide significant benefits
both for the United States and for allied nations
during military contingencies.
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(3) For the United States and nations allied
with the United States to realize these benefits, it is
essential that vessels built under that program enjoy
commercial opportunities in peacetime on trade
routes between the United States and allied nations
and that those vessels not be excluded from such op-
portunities through restrictive trade practices.
(4) The failure of vessels built, or to be built,
under the National Defense Features program to ob-
tain employment as common carriers or contract
carriers in the particular sector of any trade route
in the foreign commerce of the United States for
which they are designed to operate, together with
long-term domination of that sector of the trade
route by citizens of an allied nation, evidences the
existence of restrictive trade practices.
(b) ACTION TO PROMOTE PROGRAM.—In any case in
which the Secretary of Defense finds the existence of the
conditions determined by subsection (a)(4) to prove the
existence of restrictive trade practices, the Secretary shall
certify the csae to the Federal Maritime Commission,
which thereupon, in consultation with the Secretary, shall
take action to counteract such practices, utilizing all rem-
edies available under section 10002(e)(1) of the Foreign
Shipping Practices Act of 1988 (46 U.S.C. App. 1710a).
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SEC. 1054. AMENDMENTS RELATING TO COMMISSION ON
THE FUTURE OF THE UNITED STATES AERO-
SPACE INDUSTRY.
(a) DEADLINE FOR REPORT.—Subsection (d)(1) of
section 1092 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–302) is amend-
ed by striking ‘‘March 1, 2002’’ and inserting ‘‘one year
after the date of the first official meeting of the Commis-
sion’’.
(b) TERMINATION OF COMMISSION.—Subsection (g)
of such section is amended by striking ‘‘30 days’’ and in-
serting ‘‘60 days’’.
SEC. 1055. AUTHORITY TO ACCEPT MONETARY CONTRIBU-
TIONS FOR REPAIR AND RECONSTRUCTION
OF PENTAGON RESERVATION.
Section 2674(e) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (2) as para-
graph (3);
(2) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(2) The Secretary of Defense may accept monetary
contributions made for the purpose of assisting to finance
the repair and reconstruction of the Pentagon Reservation
following the terrorist attack that occurred on September
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11, 2001. The Secretary shall deposit such contributions
in the Fund.’’; and
(3) in paragraph (3), as redesignated, by insert-
ing at the end the following new sentence: ‘‘How-
ever, contributions accepted under paragraph (2)
shall be available for expenditure only for the pur-
pose specified in such paragraph.’’.
TITLE XI—CIVILIAN PERSONNEL
SEC. 1101. UNDERGRADUATE TRAINING PROGRAM FOR EM-
PLOYEES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY.
(a) AUTHORITY TO CARRY OUT TRAINING PRO-
GRAM.—Subchapter III of chapter 22 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 462. Undergraduate training program
‘‘(a) AUTHORITY TO CARRY OUT PROGRAM.—The
Secretary of Defense may authorize the Director of the
National Imagery and Mapping Agency to establish an un-
dergraduate training program under which civilian em-
ployees of the National Imagery and Mapping Agency may
be assigned as students at accredited professional, tech-
nical, and other institutions of higher learning for training
at the undergraduate level in skills critical to effective per-
formance of the mission of the National Imagery and
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Mapping Agency. Such training may lead to the award
of a baccalaureate degree.
‘‘(b) PURPOSE.—The purpose of the program author-
ized by subsection (a) is to facilitate the recruitment of
individuals, particularly minority high school students,
with a demonstrated capability to develop skills critical to
the mission of the National Imagery and Mapping Agency,
including skills in mathematics, computer science, engi-
neering, and foreign languages.
‘‘(c) REQUIREMENTS.—(1) To be eligible for assign-
ment under subsection (a), an employee of the National
Imagery and Mapping Agency must agree in writing—
‘‘(A) to continue in the service of the National
Imagery and Mapping Agency for the period of the
assignment and to complete the educational course
of training for which the employee is assigned;
‘‘(B) to continue in the service of the National
Imagery and Mapping Agency following completion
of the assignment for a period of one-and-a-half
years for each year of the assignment or part there-
of;
‘‘(C) to reimburse the United States for the
total cost of education (excluding the employee’s pay
and allowances) provided under this section to the
employee if, before the employee’s completing the
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educational course of training for which the em-
ployee is assigned, the assignment or the employee’s
employment with the National Imagery and Mapping
Agency is terminated either by the National Imagery
and Mapping Agency due to misconduct by the em-
ployee or by the employee voluntarily; and
‘‘(D) to reimburse the United States if, after
completing the educational course of training for
which the employee is assigned, the employee’s em-
ployment with the National Imagery and Mapping
Agency is terminated either by the National Imagery
and Mapping Agency due to misconduct by the em-
ployee or by the employee voluntarily, before the em-
ployee’s completion of the service obligation period
described in subparagraph (B), in an amount that
bears the same ratio to the total cost of the edu-
cation (excluding the employee’s pay and allowances)
provided to the employee as the unserved portion of
the service obligation period described in subpara-
graph (B) bears to the total period of the service ob-
ligation described in subparagraph (B).
‘‘(2) Subject to paragraph (3), the obligation to reim-
burse the United States under an agreement described in
paragraph (1), including interest due on such obligation,
is for all purposes a debt owing the United States.
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‘‘(3)(A) A discharge in bankruptcy under title 11,
United States Code, shall not release a person from an
obligation to reimburse the United States required under
an agreement described in paragraph (1) if the final de-
cree of the discharge in bankruptcy is issued within five
years after the last day of the combined period of service
obligation described in subparagraphs (A) and (B) of
paragraph (1).
‘‘(B) The Secretary of Defense may release a person,
in whole or in part, from the obligation to reimburse the
United States under an agreement described in paragraph
(1) when, in his discretion, the Secretary determines that
equity or the interests of the United States so require.
‘‘(C) The Secretary of Defense shall permit an em-
ployee assigned under this section who, before com-
mencing a second academic year of such assignment, vol-
untarily terminates the assignment or the employee’s em-
ployment with the National Imagery and Mapping Agency,
to satisfy his obligation under an agreement described in
paragraph (1) by reimbursing the United States according
to a schedule of monthly payments which results in com-
pletion of reimbursement by a date five years after the
date of termination of the assignment or employment or
earlier at the option of the employee.
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‘‘(d) DISCLOSURE REQUIRED.—(1) When an em-
ployee is assigned under this section to an institution, the
Secretary shall disclose to the institution to which the em-
ployee is assigned that the National Imagery and Mapping
Agency employs the employee and that the National Im-
agery and Mapping Agency funds the employee’s edu-
cation.
‘‘(2) Efforts by the Secretary to recruit individuals
at educational institutions for participation in the under-
graduate training program established by this section shall
be made openly and according to the common practices
of universities and employers recruiting at such institu-
tions.
‘‘(e) APPROPRIATION OF FUNDS REQUIRED.—The
Secretary may pay, directly or by reimbursement to em-
ployees, expenses incident to assignments under sub-
section (a), in any fiscal year only to the extent that ap-
propriated funds are available for such purpose.
‘‘(f) INAPPLICABILITY OF CERTAIN LAWS.—Chapter
41 of title 5 and subsections (a) and (b) of section 3324
of title 31 shall not apply with respect to this section.
‘‘(g) REGULATIONS.—The Secretary of Defense may
prescribe such regulations as may be necessary to imple-
ment this section.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such subchapter is amended by adding
at the end the following new item:
‘‘462. Undergraduate training program.’’.
SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING
EXPENSES.
(a) AUTHORITY TO CARRY OUT PILOT PROGRAM.—
(1) The Secretary of Defense may establish a pilot pro-
gram to facilitate the reemployment of eligible employees
of the Department of Defense who are involuntarily sepa-
rated due to a reduction in force, relocation as a result
of a transfer of function, realignment, or change of duty
station. Under the pilot program, the Secretary may pay
retraining incentives to encourage non-Federal employers
to hire and retain such eligible employees.
(2) Under the pilot program, the Secretary may enter
into an agreement with a non-Federal employer under
which the employer agrees—
(A) to employ an eligible employee for at least
12 months at a salary that is mutually agreeable to
the employer and the eligible employee; and
(B) to certify to the Secretary the amount of
costs incurred by the employer for any necessary
training (as defined by the Secretary) provided to
such eligible employee in connection with the em-
ployment.
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(3) The Secretary may pay a retraining incentive to
the non-Federal employer upon the employee’s completion
of 12 months of continuous employment with that em-
ployer. The Secretary shall determine the amount of the
incentive, except that in no event may such amount exceed
the amount certified with respect to such eligible employee
under paragraph (2)(A), or $10,000, whichever is greater.
(4) In a case in which an eligible employee does not
remain employed by the non-Federal employer for at least
12 months, the Secretary may pay to the employer a pro-
rated amount of what would have been the full retraining
incentive if the eligible employee had remained employed
for such 12-month period.
(b) ELIGIBLE EMPLOYEES.—For purposes of this
section, an eligible employee is an employee of the Depart-
ment of Defense, serving under an appointment without
time limitation, who has been employed by the Depart-
ment for a continuous period of at least 12 months and
who has been given notice of separation pursuant to a re-
duction in force, relocation as a result of a transfer of
function, realignment, or change of duty station, except
that such term does not include—
(1) a reemployed annuitant under the retire-
ment systems described in subchapter III of chapter
83 of title 5, United States Code, or chapter 84 of
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such title, or another retirement system for employ-
ees of the Federal Government;
(2) an employee who, upon separation from
Federal service, is eligible for an immediate annuity
under subchapter III of chapter 83 of such title, or
subchapter II of chapter 84 of such title; or
(3) an employee who is eligible for disability re-
tirement under any of the retirement systems re-
ferred to in paragraph (1).
(c) DURATION.—No incentive may be paid under the
pilot program for training commenced after September 30,
2005.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘non-Federal employer’’ means
an employer that is not an Executive agency, as de-
fined in section 105 of title 5, United States Code,
or an entity in the legislative or judicial branch of
the Federal Government.
(2) The term ‘‘reduction in force’’ has the
meaning of that term as used in chapter 35 of such
title 5.
(3) The term ‘‘realignment’’ has the meaning
given that term in section 2910 of the Defense Base
Closure and Realignment Act of 1990 (title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
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SEC. 1103. PAYMENT OF EXPENSES TO OBTAIN PROFES-
SIONAL CREDENTIALS.
(a) IN GENERAL.—Chapter 57 of title 5, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 5757. Payment of expenses to obtain professional
credentials
‘‘(a) An agency may use appropriated funds or funds
otherwise available to the agency to pay for—
‘‘(1) expenses for employees to obtain profes-
sional credentials, including expenses for profes-
sional accreditation, State-imposed and professional
licenses, and professional certification; and
‘‘(2) examinations to obtain such credentials.
‘‘(b) The authority under subsection (a) may not be
exercised on behalf of any employee occupying or seeking
to qualify for appointment to any position that is excepted
from the competitive service because of the confidential,
policy-determining, policy-making, or policy-advocating
character of the position.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘5757. Payment of expenses to obtain professional credentials.’’.
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SEC. 1104. RETIREMENT PORTABILITY ELECTIONS FOR
CERTAIN DEPARTMENT OF DEFENSE AND
COAST GUARD EMPLOYEES.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8347(q) of title 5, United States Code, is amended—
(1) in paragraph (1)(B), by striking ‘‘has 5 or
more years of civilian service creditable under’’ and
inserting ‘‘is employed subject to’’; and
(2) in paragraph (2)(B)—
(A) by striking ‘‘vested’’; and
(B) by striking ‘‘, as the term ‘vested par-
ticipant’ is defined by such system’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8461(n) of such title is amended—
(1) in paragraph (1)(B), by striking ‘‘has 5 or
more years of civilian service creditable under’’ and
inserting ‘‘is employed subject to’’; and
(2) in paragraph (2)(B)—
(A) by striking ‘‘vested’’; and
(B) by striking ‘‘, as the term ‘vested par-
ticipant’ is defined by such system’’.
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SEC. 1105. REMOVAL OF REQUIREMENT THAT GRANTING
CIVIL SERVICE COMPENSATORY TIME BE
BASED ON AMOUNT OF IRREGULAR OR OCCA-
SIONAL OVERTIME WORK.
Section 5543 of title 5, United States Code, is
amended by striking ‘‘irregular or occasional’’ in each
place such words appear.
SEC. 1106. APPLICABILITY OF CERTAIN LAWS TO CERTAIN
INDIVIDUALS ASSIGNED TO WORK IN THE
FEDERAL GOVERNMENT.
Section 3374(c)(2) of title 5, United States Code, is
amended by inserting ‘‘the Ethics in Government Act of
1978, section 1043 of the Internal Revenue Code of 1986,
section 27 of the Office of Federal Procurement Policy
Act,’’ after ‘‘chapter 73 of this title,’’.
SEC. 1107. LIMITATION ON PREMIUM PAY.
Section 5547 of title 5, United States Code, is
amended—
(1) by striking subsections (a) and (b) and in-
serting the following new subsections:
‘‘(a) An employee may be paid premium pay under
sections 5542, 5545 (a), (b), and (c), 5545a, and 5546
(a) and (b) of this title only to the extent that the aggre-
gate of such employee’s basic pay and premium pay under
those provisions would, in any calendar year, exceed the
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maximum rate payable for GS–15 in effect at the end of
such calendar year.
‘‘(b) Subsection (a) shall not apply to any employee
of the Federal Aviation Administration or the Department
of Defense who is paid premium pay under section 5546a
of this title.’’; and
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘Sub-
sections (a) and (b)’’ and inserting ‘‘Subsection
(a)’’; and
(B) in paragraph (2), by striking ‘‘pay pe-
riod’’ and inserting ‘‘calendar year’’.
SEC. 1108. USE OF COMMON OCCUPATIONAL AND HEALTH
STANDARDS AS A BASIS FOR DIFFERENTIAL
PAYMENTS MADE AS A CONSEQUENCE OF EX-
POSURE TO ASBESTOS.
(a) 
PREVAILING
RATE
SYSTEMS.—Section
5343(c)(4) of title 5, United States Code, is amended by
inserting before the semicolon the following: ‘‘(and for any
hardship or hazard related to asbestos, such differentials
shall be determined by applying occupational safety and
health standards consistent with the permissible exposure
limit promulgated by the Secretary of Labor under the
Occupational Safety and Health Act of 1970)’’.
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(b) GENERAL SCHEDULE PAY RATES.—The first
sentence of section 5545(d) of such title is amended by
inserting before the period the following: ‘‘(and for any
hardship or hazard related to asbestos, such differentials
shall be determined by applying occupational safety and
health standards consistent with the permissible exposure
limit promulgated by the Secretary of Labor under the
Occupational Safety and Health Act of 1970)’’.
(c) APPLICABILITY.—Any administrative or judicial
determination made after the date of the enactment of this
Act concerning differential back payments related to as-
bestos under section 5343(c)(4) or 5545(d) of such title
shall be based on the occupational safety and health stand-
ards described in such section, respectively.
SEC. 1109. AUTHORITY FOR DESIGNATED CIVILIAN EM-
PLOYEES ABROAD TO ACT AS A NOTARY.
(a) 
IN
GENERAL.—Paragraph 
(4) 
of 
section
1044a(b) of title 10, United States Code, is amended—
(1) by inserting ‘‘and, when outside the United
States, all civilian employees of the Department of
Defense,’’ after ‘‘duty status,’’; and
(2) by inserting ‘‘or the Department of De-
fense’’ before ‘‘or by statute’’.
(b) CLARIFICATION OF STATUS OF CIVILIAN ATTOR-
NEYS ACTING AS A NOTARY.—Paragraph (2) of such sec-
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tion is amended by striking ‘‘legal assistance officers’’ and
inserting ‘‘legal assistance attorneys’’.
SEC. 1110. ‘‘MONRONEY AMENDMENT’’ RESTORED TO ITS
PRIOR FORM.
Paragraph (2) of section 5343(d) of title 5, United
States Code, is amended to read as such paragraph last
read before the enactment of section 1242 of the Depart-
ment of Defense Authorization Act, 1986 (Public Law 99–
145; 99 Stat. 735).
TITLE XII—MATTERS RELATING
TO FOREIGN NATIONS
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NU-
CLEAR TEST MONITORING EQUIPMENT TO
FOREIGN GOVERNMENTS.
Section 2565 of title 10, United States Code, as re-
designated by section 1047(a)(25), is amended—
(1) in subsection (a)—
(A) by striking ‘‘CONVEY OR’’ in the sub-
section heading and inserting ‘‘TRANSFER
TITLE TO OR OTHERWISE’’;
(B) in paragraph (1)—
(i) by striking ‘‘convey’’ and inserting
‘‘transfer title’’; and
(ii) by striking ‘‘and’’ after ‘‘equip-
ment;’’;
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(C) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(D) by adding at the end the following new
paragraph:
‘‘(3) inspect, test, maintain, repair, or replace
any such equipment.’’; and
(2) in subsection (b)—
(A) by striking ‘‘conveyed or otherwise pro-
vided’’ and inserting ‘‘provided to a foreign gov-
ernment’’;
(B) by inserting ‘‘and’’ at the end of para-
graph (1);
(C) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and
(D) by striking paragraph (3).
SEC. 1202. ACQUISITION OF LOGISTICAL SUPPORT FOR SE-
CURITY FORCES.
Section 5 of the Multinational Force and Observers
Participation Resolution (22 U.S.C. 3424) is amended by
adding at the end the following new subsection:
‘‘(d)(1) The United States may use contractors to
provide logistical support to the Multinational Force and
Observers under this section in lieu of providing such sup-
port through a logistical support unit comprised of mem-
bers of the United States Armed Forces.
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‘‘(2) Notwithstanding subsections (a) and (b) and
section 7(b), support by a contractor under this subsection
may be provided without reimbursement, whenever the
President determines that such action enhances or sup-
ports the national security interests of the United
States.’’.
SEC. 1203. REPORT ON THE SALE AND TRANSFER OF MILI-
TARY HARDWARE, EXPERTISE, AND TECH-
NOLOGY FROM STATES OF THE FORMER SO-
VIET UNION TO THE PEOPLE’S REPUBLIC OF
CHINA.
Section 1202 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
781; 10 U.S.C. 113 note) is amended by adding at the
end the following new subsection:
‘‘(d) REPORT
ON SALES
AND TRANSFERS FROM
STATES OF THE FORMER SOVIET UNION TO CHINA.—(1)
The report to be submitted under this section not later
than March 1, 2002, shall include in a separate section
a report describing the sales and transfer of military hard-
ware, expertise, and technology from states of the former
Soviet Union to the People’s Republic of China. The re-
port shall set forth the history of such sales and transfers
since 1990, forecast possible future sales and transfers,
and address the implications of those sales and transfers
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for the security of the United States and its friends and
allies in Asia.
‘‘(2) The report shall include analysis and forecasts
of the following matters related to military cooperation be-
tween states of the former Soviet Union and the People’s
Republic of China:
‘‘(A) The policy of each of those states with re-
spect to arms sales to, and military cooperation
with, the People’s Republic of China.
‘‘(B) Any laws or regulations of those states
that could prohibit or limit such sales or coopera-
tion.
‘‘(C) The extent in each of those states of gov-
ernment knowledge, cooperation, or condoning of
sales or transfers of military hardware, expertise, or
technology to the People’s Republic of China.
‘‘(D) An itemization of sales or transfers of
military hardware, expertise, or technology from any
of those states to the People’s Republic of China
that have taken place since 1990, with a particular
focus on command, control, communications, and in-
telligence systems.
‘‘(E) A description of any sale or transfer of
military hardware, expertise, or technology from any
of those states to the People’s Republic of China
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that is currently under negotiation or contemplation
through the end of 2005.
‘‘(F) Identification of Chinese defense indus-
tries in which technicians from states of the former
Soviet Union are working and of defense industries
of those states in which Chinese technicians are
working and a description in each case of the extent
and the nature of the work performed by such tech-
nicians.
‘‘(G) The extent of assistance by any of those
states to key research and development programs of
China, including programs for development of weap-
ons of mass destruction and delivery vehicles for
such weapons, programs for development of ad-
vanced conventional weapons, and programs for de-
velopment of unconventional weapons.
‘‘(H) The extent of assistance by any of those
states to information warfare or electronic warfare
programs of China.
‘‘(I) The extent of assistance by any of those
states to manned and unmanned space operations of
China.
‘‘(J) The extent to which arms sales by any of
those states to the People’s Republic of China are a
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source of funds for military research and develop-
ment or procurement programs in the selling state.
‘‘(3) The report under paragraph (1) shall include,
with respect to each area of analysis and forecasts speci-
fied in paragraph (2)—
‘‘(A) an assessment of the military effects of
such sales or transfers to entities in the People’s Re-
public of China;
‘‘(B) an assessment of the ability of the Peo-
ple’s Liberation Army to assimilate such sales or
transfers, mass produce new equipment, or develop
doctrine for use; and
‘‘(C) the potential threat of developments re-
lated to such effects on the security interests of the
United States and its friends and allies in Asia.’’.
SEC. 1204. LIMITATION ON FUNDING FOR JOINT DATA EX-
CHANGE CENTER.
(a) LIMITATION.—Funds made available to the De-
partment of Defense for fiscal year 2002 may not be obli-
gated or expended for any activity associated with the
Joint Data Exchange Center in Moscow, Russia, until—
(1) the United States and the Russian Federa-
tion enter into a cost-sharing agreement as described
in subsection (d) of section 1231 of the Floyd D.
Spence National Defense Authorization Act for Fis-
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cal Year 2001, as enacted into law by Public Law
106-398 (114 Stat. 1654A–329);
(2) the United States and the Russian Federa-
tion enter into an agreement or agreements exempt-
ing the United States and any United States person
from Russian taxes, and from liability under Rus-
sian laws, with respect to activities associated with
the Joint Data Exchange Center;
(3) the Secretary of Defense submits to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Rep-
resentatives a copy of each agreement referred to in
paragraphs (1) and (2); and
(4) a period of 30 days has expired after the
date of the final submission under paragraph (3).
(b) JOINT DATA EXCHANGE CENTER.—For purposes
of this section, the term ‘‘Joint Data Exchange Center’’
means the United States-Russian Federation joint center
for the exchange of data to provide early warning of
launches of ballistic missiles and for notification of such
launches that is provided for in a joint United States-Rus-
sian Federation memorandum of agreement signed in
Moscow in June 2000.
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SEC. 1205. EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE UNDER WEAPONS OF MASS DESTRUC-
TION ACT FOR SUPPORT OF UNITED NA-
TIONS-SPONSORED 
EFFORTS 
TO 
INSPECT
AND MONITOR IRAQI WEAPONS ACTIVITIES.
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS-
CAL YEAR 2002.—The total amount of the assistance for
fiscal year 2002 that is provided by the Secretary of De-
fense under section 1505 of the Weapons of Mass Destruc-
tion Control Act of 1992 (22 U.S.C. 5859a) as activities
of the Department of Defense in support of activities
under that Act may not exceed $15,000,000. Such assist-
ance may be provided for fiscal year 2002 only to support
activities of an organization established for the purpose
of (or otherwise given the mission of providing) a com-
prehensive accounting for all items, facilities, and capabili-
ties in Iraq related to weapons of mass destruction.
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE.—Subsection (f) of section 1505 of the Weapons of
Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking ‘‘2001’’ and inserting ‘‘2002’’.
(c) CHANGE OF QUARTERLY REPORT REQUIREMENT
TO ANNUAL REPORT.—(1) Subsection (e)(1) of such sec-
tion is amended—
(A) by striking ‘‘quarter of a’’ in the first sen-
tence; and
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(B) by striking ‘‘(for the preceding quarter and
cumulatively)’’ and inserting ‘‘for the preceding fis-
cal year’’.
(2) The amendments made by subsection (a) shall
take effect on November 1, 2001, or the date of the enact-
ment of this Act, whichever is later.
SEC. 1206. REPEAL OF REQUIREMENT FOR REPORTING TO
CONGRESS ON MILITARY DEPLOYMENTS TO
HAITI.
Section 1232(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (Public Law 106–65; 113
Stat. 788) is repealed.
SEC. 1207. REPORT BY COMPTROLLER GENERAL ON PROVI-
SION OF DEFENSE ARTICLES, SERVICES, AND
MILITARY EDUCATION AND TRAINING TO
FOREIGN COUNTRIES AND INTERNATIONAL
ORGANIZATIONS.
(a) STUDY.—The Comptroller General shall conduct
a study of the following:
(1) The benefits derived by each foreign coun-
try or international organization from the receipt of
defense articles, defense services, or military edu-
cation and training provided after December 31,
1989, pursuant to the drawdown of such articles,
services, or education and training from the stocks
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of the Department of Defense under section 506,
516, or 552 of the Foreign Assistance Act of 1961
(22 U.S.C. 2318, 2321j, or 2348a) or any other pro-
vision of law.
(2) Any benefits derived by the United States
from the provision of defense articles, defense serv-
ices, and military education and training described
in paragraph (1).
(3) The affect on the readiness of the Armed
Forces as a result of the provision by the United
States of defense articles, defense services, and mili-
tary education and training described in paragraph
(1).
(4) The cost to the Department of Defense with
respect to the provision of defense articles, defense
services, and military education and training de-
scribed in paragraph (1).
(b) REPORTS.—(1) Not later than April 15, 2002,
the Comptroller General shall submit to Congress an in-
terim report containing the results to that date of the
study conducted under subsection (a).
(2) Not later than August 1, 2002, the Comptroller
General shall submit to Congress a final report containing
the results of the study conducted under subsection (a).
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SEC. 1208. LIMITATION ON NUMBER OF MILITARY PER-
SONNEL IN COLOMBIA.
(a) LIMITATION.—None of the funds available to the
Department of Defense may be used to support or main-
tain more than 500 members of the Armed Forces on duty
in the Republic of Colombia at any time.
(b) EXCEPTIONS.—There shall be excluded from
counting for the purposes of the limitation in subsection
(a) the following:
(1) A member of the Armed Forces in the Re-
public of Colombia for the purpose of rescuing or re-
trieving United States military or civilian Govern-
ment personnel, except that the period for which
such a member may be so excluded may not exceed
30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to
the United States Embassy in Colombia as an
attache´, as a member of the security assistance of-
fice, or as a member of the Marine Corps security
contingent.
(3) A member of the Armed Forces in Colombia
to participate in relief efforts in responding to a nat-
ural disaster.
(4) Nonoperational transient military personnel.
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SEC. 1209. AUTHORITY FOR EMPLOYEES OF FEDERAL GOV-
ERNMENT CONTRACTORS TO ACCOMPANY
CHEMICAL WEAPONS INSPECTION TEAMS AT
GOVERNMENT-OWNED FACILITIES.
(a) AUTHORITY TO CONDUCT INSPECTIONS.—Sec-
tion 303 of the Chemical Weapons Convention Implemen-
tation Act of 1998 (as contained in Public Law 105–277;
112 Stat. 2681–873; 22 U.S.C. 6723) is amended in sub-
section (b)(2) by inserting ‘‘(and in the case of inspection
of Federal Government-owned facilities, such designation
may include employees of a contractor with the Federal
Government)’’ after ‘‘Federal Government’’.
(b) PROCEDURES FOR INSPECTIONS.—Section 304
of such Act (22 U.S.C. 6724) is amended in subsection
(c) by inserting ‘‘or contractor with the Federal Govern-
ment’’ after ‘‘Federal Government’’.
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Co-
operative Threat Reduction programs are the programs
specified in section 1501(b) of the National Defense Au-
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thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2002 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the
term ‘‘fiscal year 2002 Cooperative Threat Reduction
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to the authorization of appropriations in section
301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the
$403,000,000 authorized to be appropriated to the De-
partment of Defense for fiscal year 2002 in section
301(23) for Cooperative Threat Reduction programs, not
more than the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination in
Russia, $133,400,000.
(2) For strategic nuclear arms elimination in
Ukraine, $51,500,000.
(3) For nuclear weapons transportation security
in Russia, $9,500,000.
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(4) For nuclear weapons storage security in
Russia, $56,000,000.
(5) For biological weapons proliferation preven-
tion 
activities 
in 
the 
former 
Soviet 
Union,
$17,000,000.
(6) For activities designated as Other Assess-
ments/Administrative Support, $13,200,000.
(7) 
For 
defense 
and 
military 
contacts,
$18,700,000.
(8) For activities related to the construction of
a chemical weapons destruction facility in Russia,
$35,000,000.
(9) For elimination of chemical weapons pro-
duction facilities in Russia, $15,000,000.
(10) For weapons of mass destruction infra-
structure elimination activities in Kazakhstan,
$6,000,000.
(11) For weapons of mass destruction infra-
structure 
elimination 
activities 
in 
Ukraine,
$6,000,000.
(12) For activities to assist Russia in the elimi-
nation 
of 
plutonium 
production 
reactors,
$41,700,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2002 Co-
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operative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (12) of subsection (a) until 30 days
after the date that the Secretary of Defense submits to
Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2002 Cooperative Threat Reduction
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title
or any other provision of law.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the Sec-
retary may obligate amounts appropriated for fiscal year
2002 for a purpose listed in any of the paragraphs in sub-
section (a) in excess of the amount specifically authorized
for such purpose.
(2) An obligation of funds for a purpose stated in
any of the paragraphs in subsection (a) in excess of the
specific amount authorized for such purpose may be made
using the authority provided in paragraph (1) only after—
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(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for the purposes
stated in subsection (a)(3) or any of paragraphs (5)
through (12) of subsection (a) in excess of 115 percent
of the amount specifically authorized for such purposes.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL
SUBMISSION OF REPORTS.
No fiscal year 2002 Cooperative Threat Reduction
funds may be obligated or expended until 30 days after
the date of the submission of—
(1) the report required to be submitted in fiscal
year 2001 under section 1308(a) of the Floyd D.
Spence National Defense Authorization Act for Fis-
cal Year 2001 (as enacted in Public Law 106–398;
114 Stat. 1654A–341); and
(2) the multiyear plan required to be submitted
for fiscal year 2001 under section 1308(h) of such
Act.
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SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY
ACTIVITIES CARRIED OUT UNDER COOPERA-
TIVE THREAT REDUCTION PROGRAMS.
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report describing how the Secretary plans
to monitor the use of revenue generated by activities car-
ried out under Cooperative Threat Reduction programs in
Russia and Ukraine.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SEC-
OND WING OF FISSILE MATERIAL STORAGE
FACILITY.
(a) PROHIBITION.—No funds authorized to be appro-
priated for Cooperative Threat Reduction programs for
any fiscal year may be used for the design, planning, or
construction of a second wing for a storage facility for
Russian fissile material.
(b) CONFORMING AMENDMENT.—Section 1304 of the
Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted in Public Law 106–398; 114
Stat. 1654A–341) is amended to read as follows:
‘‘SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE
MATERIAL STORAGE FACILITY.
Out of funds authorized to be appropriated for Coop-
erative Threat Reduction programs for fiscal year 2001
or any other fiscal year, not more than $412,600,000 may
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be used for planning, design, or construction of the first
wing for the storage facility for Russian fissile material
referred to in section 1302(a)(5).’’.
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CON-
STRUCTION OR REFURBISHMENT OF CER-
TAIN FOSSIL FUEL ENERGY PLANTS.
Section 1307 of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted
in Public Law 106–398; 114 Stat. 1654A–341) is
amended—
(1) by striking the heading and inserting the
following new heading:
‘‘SEC. 1307. PROHIBITION AGAINST USE OF FUNDS FOR
CONSTRUCTION 
OR 
REFURBISHMENT 
OF
FOSSIL FUEL ENERGY PLANTS; REPORT.’’;
and
(2) by striking subsection (a) and inserting the
following new subsection:
‘‘(a) PROHIBITION.—No funds appropriated for Co-
operative Threat Reduction programs for any fiscal year
may be used for the construction or refurbishment of a
fossil fuel energy plant intended to provide power to local
communities that receive power from nuclear energy
plants that produce plutonium.’’.
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SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE
UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
Section 1308(c)(4) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as en-
acted in Public Law 106–398; 114 Stat. 1654A–342) is
amended—
(1) in the matter preceding subparagraph (A)—
(A) by striking ‘‘audits’’ and all that fol-
lows 
through 
‘‘conducted’’ 
and 
inserting
‘‘means (including program management, au-
dits, examinations, and other means) used’’;
and
(B) by striking ‘‘and that such assistance
is being used for its intended purpose’’ and in-
serting ‘‘, that such assistance is being used for
its intended purpose, and that such assistance
is being used efficiently and effectively’’;
(2) in subparagraph (C), by inserting ‘‘and an
assessment of whether the assistance being provided
is being used effectively and efficiently’’ before the
semicolon; and
(3) in subparagraph (D), by striking ‘‘audits,
examinations, and other’’.
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SEC. 1308. REPORT ON RESPONSIBILITY FOR CARRYING
OUT 
COOPERATIVE 
THREAT 
REDUCTION
PROGRAMS.
Not later than March 15, 2002, the Secretary of De-
fense shall submit to Congress a report describing—
(1) the rationale for executing Cooperative
Threat Reduction programs under the auspices of
the Department of Defense and the justification for
maintaining responsibility for any particular project
carried out through Cooperative Threat Reduction
programs with the Department of Defense;
(2) options for transferring responsibility for
carrying out Cooperative Threat Reduction pro-
grams to an executive agency (or agencies) other
than the Department of Defense, if appropriate; and
(3) how such a transfer might be carried out.
SEC. 1309. CHEMICAL WEAPONS DESTRUCTION.
Section 1305 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
794) is amended by inserting before the period at the end
the following: ‘‘until the Secretary of Defense submits to
Congress a certification that there has been—
‘‘(1) full and accurate disclosure by Russia of
the size of its existing chemical weapons stockpile;
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‘‘(2) a demonstrated annual commitment by
Russia to allocate at least $25,000,000 to chemical
weapons elimination;
‘‘(3) development by Russia of a practical plan
for destroying its stockpile of nerve agents;
‘‘(4) enactment of a law by Russia that pro-
vides for the elimination of all nerve agents at a sin-
gle site; and
‘‘(5) an agreement by Russia to destroy its
chemical weapons production facilities at Volgograd
and Novocheboksark’’.
TITLE XIV—DEFENSE SPACE
REORGANIZATION
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Defense Space Reor-
ganization Act of 2001’’.
SEC. 1402. AUTHORITY TO ESTABLISH POSITION OF UNDER
SECRETARY OF DEFENSE FOR SPACE, INTEL-
LIGENCE, AND INFORMATION.
(a) AUTHORITY TO ESTABLISH POSITION.—The
President may establish in the Department of Defense the
position of Under Secretary of Defense for Space, Intel-
ligence, and Information. If that position is so established,
the Under Secretary of Defense for Space, Intelligence,
and Information shall perform duties and exercise powers
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as set forth in section 137 of title 10, United States Code,
as added by subsection (e).
(b) DEADLINE FOR EXERCISE OF AUTHORITY.—The
authority provided in subsection (a) may not be exercised
after December 31, 2003.
(c) NOTICE OF EXERCISE OF AUTHORITY.—(1) If
the authority provided in subsection (a) is exercised, the
President shall immediately submit to Congress notifica-
tion in writing of the establishment of the position of
Under Secretary of Defense for Space, Intelligence, and
Information, together with the date as of which the posi-
tion is established. If the President declines to exercise
the authority provided in subsection (a), the President
shall, before the date specified in subsection (b), submit
to Congress a report on how the President has imple-
mented the recommendations of the report of the Space
Commission with respect to the Department of Defense.
(2) For purposes of paragraph (1), the term ‘‘report
of the Space Commission’’ means the report of the Com-
mission To Assess United States National Security Space
Management and Organization, dated January 11, 2001,
and submitted to Congress under section 1623 of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 815).
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(d) CONTINGENT
ENACTMENT
OF
U.S. CODE
AMENDMENTS.—If the position of Under Secretary of De-
fense for Space, Intelligence, and Information is estab-
lished under the authority provided in subsection (a), then
the amendments set forth in subsections (e) and (f) shall
be executed, effective as of the date specified in the notice
submitted under the first sentence of subsection (c)(1).
Otherwise, those amendments shall not be executed.
(e) APPOINTMENT, DUTIES, ETC., OF UNDER SEC-
RETARY.—(1) Subject to subsection (d), chapter 4 of title
10, United States Code, is amended—
(A) by redesignating section 137 as section
139a and transferring such section (as so redesig-
nated) within such chapter so as to appear after sec-
tion 139; and
(B) by inserting after section 136 the following
new section 137:
‘‘§ 137. Under Secretary of Defense for Space, Intel-
ligence, and Information
‘‘(a) There is an Under Secretary of Defense for
Space, Intelligence, and Information, appointed from civil-
ian life by the President, by and with the advice and con-
sent of the Senate.
‘‘(b) Subject to the authority, direction, and control
of the Secretary of Defense, the Under Secretary of De-
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fense for Space, Intelligence, and Information shall per-
form such duties and exercise such powers relating to the
space, intelligence, and information programs and activi-
ties of the Department of Defense as the Secretary of De-
fense may prescribe.
‘‘(c) The Secretary of Defense shall designate the
Under Secretary of Defense for Space, Intelligence, and
Information as the Chief Information Officer of the De-
partment of Defense under section 3506(a)(2)(B) of title
44.
‘‘(d) The Under Secretary of Defense for Space, In-
telligence, and Information takes precedence in the De-
partment of Defense after the Under Secretary of Defense
for Personnel and Readiness.’’.
(2) Subject to subsection (d), section 131(b) of that
title is amended—
(A) by redesignating paragraphs (6) through
(11) as paragraphs (7) through (12), respectively;
and
(B) by inserting after paragraph (5) the fol-
lowing new paragraph (6):
‘‘(6) The Under Secretary of Defense for
Space, Intelligence, and Information.’’.
(3) Subject to subsection (d), the table of sections
at the beginning of chapter 4 of such title is amended—
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(A) by striking the item relating to section 137
and inserting the following new item:
‘‘137. Under Secretary of Defense for Space, Intelligence, and Information.’’;
and
(B) by inserting after the item relating to sec-
tion 139 the following new item:
‘‘139a. Director of Defense Research and Engineering.’’.
(f) ASSISTANT SECRETARIES OF DEFENSE.—Subject
to subsection (d), section 138 of such title is amended—
(1) in subsection (a), by striking ‘‘nine’’ and in-
serting ‘‘eleven’’; and
(2) in subsection (b), by inserting after para-
graph (2) the following new paragraph:
‘‘(3) Not more than three of the Assistant Secretaries
may be assigned duties under the authority of the Under
Secretary of Defense for Space, Intelligence, and Informa-
tion and shall report to that Under Secretary.’’.
(g) REPORT.—Not later than 30 days before exer-
cising the authority provided in subsection (a), the Presi-
dent shall submit to Congress a report on the proposed
organization of the office of the Under Secretary of De-
fense for Space, Intelligence, and Information. If such a
report has not been submitted as of April 15, 2002, the
President shall submit to Congress a report, not later than
that date, setting forth the President’s view as of that date
of the desirability of establishing the position of Under
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Secretary of Defense for Space, Intelligence, and Informa-
tion in the Department of Defense.
SEC. 1403. AUTHORITY TO DESIGNATE UNDER SECRETARY
OF THE AIR FORCE AS ACQUISITION EXECU-
TIVE FOR SPACE OF THE DEPARTMENT OF
DEFENSE.
(a) EXECUTIVE AGENT.—Part IV of subtitle A of
title 10, United States Code, is amended by inserting after
chapter 134 the following new chapter:
‘‘CHAPTER 135—SPACE PROGRAMS
‘‘Sec.
‘‘2271. Executive agent.
‘‘§ 2271. Executive agent
‘‘(a) SECRETARY OF THE AIR FORCE.—The Sec-
retary of the Air Force may be designated as the executive
agent of the Department of Defense—
‘‘(1) for the planning of the acquisition pro-
grams, projects, and activities of the Department
that relate to space; and
‘‘(2) for the execution of those programs,
projects, and activities.
‘‘(b) ACQUISITION EXECUTIVE.—The Secretary may
designate the Under Secretary of the Air Force as the ac-
quisition executive of the Air Force for the programs,
projects, and activities referred to in subsection (a).’’.
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(b) CLERICAL AMENDMENT.—The tables of chapters
at the beginning of such subtitle and the beginning of part
IV of such subtitle are amended by inserting after the item
relating to chapter 134 the following new item:
‘‘135. Space Programs ...................................................................... 2271’’.
SEC. 1404. MAJOR FORCE PROGRAM CATEGORY FOR SPACE
PROGRAMS.
(a) REQUIREMENT.—The Secretary of Defense may
create a major force program category for space programs
for purposes of the future-years defense program under
section 221 of title 10, United States Code.
(b) COMMENCEMENT.—If the category under sub-
section (a) is created, such category shall be included in
each future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in fiscal
years after fiscal year 2002.
SEC. 1405. COMPTROLLER GENERAL ASSESSMENT OF IM-
PLEMENTATION OF RECOMMENDATIONS OF
SPACE COMMISSION.
(a) ASSESSMENT.—(1) The Comptroller General
shall carry out an assessment through February 15, 2003,
of the actions taken by the Secretary of Defense in imple-
menting the recommendations in the report of the Space
Commission that are applicable to the Department of De-
fense.
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(2) For purposes of paragraph (1), the term ‘‘report
of the Space Commission’’ means the report of the Com-
mission To Assess United States National Security Space
Management and Organization, dated January 11, 2001,
and submitted to Congress under section 1623 of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 815).
(b) REPORTS.—Not later than February 15 of each
of 2002 and 2003, the Comptroller General shall submit
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives a report on the assessment carried out under
subsection (a). Each report shall set forth the results of
the assessment as of the date of such report.
SEC. 1406. COMMANDER OF AIR FORCE SPACE COMMAND.
(a) IN GENERAL.—Chapter 845 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 8584. Commander of Air Force Space Command
‘‘The Secretary of Defense may require that the offi-
cer serving as commander of the Air Force Space Com-
mand not serve simultaneously as commander of the
United States Space Command (or any successor combat-
ant command with responsibility for space) or as com-
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mander of the United States element of the North Amer-
ican Air Defense Command.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘8584. Commander of Air Force Space Command.’’.
SEC. 1407. AUTHORITY TO ESTABLISH SEPARATE CAREER
FIELD IN THE AIR FORCE FOR SPACE.
The Secretary of the Air Force, acting through the
Under Secretary of the Air Force, may establish and im-
plement policies and procedures to develop a cadre of tech-
nically competent officers with the capability to develop
space doctrine, concepts of space operations, and manage-
ment of space systems for the Air Force.
SEC. 1408. RELATIONSHIP TO AUTHORITIES AND RESPON-
SIBILITIES OF DIRECTOR OF CENTRAL IN-
TELLIGENCE.
Nothing in this title or the amendments made by this
title shall modify, alter, or supersede the authorities and
responsibilities of the Director of Central Intelligence.
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TITLE XV—ACTIVITIES TO
COMBAT TERRORISM
Subtitle A—Increased Funding to
Combat Terrorism
SEC. 1501. INCREASED FUNDING.
(a) IN GENERAL.—The amount provided in section
301(5) for Operation and Maintenance, Defense-wide Ac-
tivities, is hereby increased by $400,000,000, to be avail-
able as follows:
(1) INTELLIGENCE PROGRAMS.—For increased
situational awareness and upgrades to intelligence
programs to enhance United States security posture,
$100,000,000.
(2) ANTI-TERRORISM
INITIATIVES.—For en-
hanced anti-terrorism and force protection initiatives
to reduce vulnerabilities at United States military
installations and facilities in the United States and
worldwide, $150,000,000.
(3) COUNTER-TERRORISM
INITIATIVES.—For
offensive counter-terrorism initiatives, $100,000,000.
(4) 
CONSEQUENCE
MANAGEMENT
ACTIVI-
TIES.—For 
consequence 
management 
activities,
$50,000,000.
(b) TRANSFER AUTHORITY.—The amounts specified
in subsection (a) are available for transfer to other current
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accounts of the Department of Defense, as determined by
the Secretary of Defense.
(c) OFFSETTING REDUCTIONS.—
(1) The amount provided in section 201(4) for
Research, Development, Test, and Evaluation, De-
fense-Wide is hereby reduced by $265,000,000, to be
derived from amounts for the Ballistic Missile De-
fense Organization, of which—
(A) $145,000,000 shall be derived from
the Mid-Course Defense Segment program ele-
ment (PE603882C); and
(B) $120,000,000 shall be derived from
the Boost Phase Defense Segment program ele-
ment (PE603883C) for space-based activities.
(2) The amount provided in section 301(5) for
Operation and Maintenance, Defense-wide Activities,
is hereby reduced by $135,000,000, to be derived
from amounts for consulting services.
SEC. 1502. TREATMENT OF TRANSFERRED AMOUNTS.
Funds transferred under authority of section 1501(a)
shall be merged with, and shall be available for the same
time period as, the appropriations to which transferred.
The transfer authority under that section is in addition
to the transfer authority provided by section 1001.
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Subtitle B—Policy Matters Relating
to Combating Terrorism
SEC. 1511. ASSESSMENT OF DEPARTMENT OF DEFENSE
ABILITY TO RESPOND TO TERRORIST AT-
TACKS.
(a) ASSESSMENT.—The Secretary of Defense shall
conduct an assessment of the ability of the Department
of Defense to provide support for the consequence man-
agement activities of other Federal, State, and local agen-
cies, directly taking into account the terrorist attacks on
the United States on September 11, 2001, and the
changed situation regarding terrorism.
(b) RECOMMENDATIONS.—The Secretary of Defense
shall submit to the President and Congress a report pro-
viding recommendations for ways to enhance the ability
of the Department of Defense to provide support described
in subsection (a). The report shall address the rec-
ommendations made by the Vice President in his report
to the President on the development of a coordinated na-
tional effort to improve national preparedness, including
efforts to combat terrorism, as directed by the President
in May 2001. The report shall be submitted not later than
60 days after the date on which the Vice President sub-
mits to the President the report under the preceding sen-
tence.
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SEC. 1512. REPORT ON DEPARTMENT OF DEFENSE ABILITY
TO PROTECT THE UNITED STATES FROM AIR-
BORNE THREATS.
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report on the ability of the Department of
Defense to protect the United States from airborne
threats, including threats originating from within the bor-
ders of the United States. The report shall identify im-
provements that can be made to enhance the security of
the American people against these threats and shall rec-
ommend actions, including legislative proposals, designed
to address and overcome existing vulnerabilities.
SEC. 1513. ESTABLISHMENT OF COMBATING TERRORISM AS
A NATIONAL SECURITY MISSION.
Section 108(b)(2) of the National Security Act of
1947 (50 U.S.C. 404a(b)(2)) is amended by inserting ‘‘,
including acts of terrorism,’’ after ‘‘aggression’’.
SEC. 1514. DEPARTMENT OF DEFENSE COORDINATION
WITH FEMA AND FBI.
The Secretary of Defense shall seek an agreement
with the Director of the Federal Bureau of Investigation
and the Director of Federal Emergency Management
Agency that clarifies the roles of Department of Defense
Weapons of Mass Destruction Civil Support Teams in re-
lation to both agencies with respect to coordination of the
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roles and missions of those teams in support of crisis man-
agement and consequence management efforts.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE; DEFINITION.
(a) SHORT TITLE.—This division may be cited as the
‘‘Military Construction Authorization Act for Fiscal Year
2002’’.
(b) DEFINITION OF FISCAL YEAR 2001 DEFENSE
AUTHORIZATION ACT.—In this division, the term ‘‘Spence
Act’’ means the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001, as enacted into law
by Public Law 106–398 (114 Stat. 1654).
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(1), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
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Army: Inside the United States
State
Installation or location
Amount
Alabama ..............................
Anniston Army Depot ..................
$5,150,000
Fort Rucker .................................
$11,400,000
Redstone Arsenal .........................
$7,200,000
Alaska .................................
Fort Richardson ...........................
$97,000,000
Fort Wainwright ..........................
$27,200,000
Arizona ................................
Fort Huachuca .............................
$6,100,000
Yuma Proving Ground .................
$3,100,000
California ............................
Defense Language Institute .........
$5,900,000
Fort Irwin ....................................
$23,000,000
Colorado ..............................
Fort Carson .................................
$66,000,000
District of Columbia ...........
Fort McNair .................................
$11,600,000
Georgia ................................
Fort Benning ...............................
$23,900,000
Fort Gillem ..................................
$43,600,000
Fort Gordon .................................
$34,000,000
Fort Stewart/Hunter Army Air
Field .........................................
$39,800,000
Hawaii .................................
Navy Public Works Center, Pearl
Harbor ......................................
$11,800,000
Pohakuloa Training Facility ........
$5,100,000
Wheeler Army Air Field ..............
$50,000,000
Kansas ................................
Fort Riley .....................................
$10,900,000
Kentucky .............................
Fort Campbell ..............................
$88,900,000
Louisiana ............................
Fort Polk .....................................
$21,200,000
Maryland .............................
Aberdeen Proving Ground ...........
$58,300,000
Fort Meade ..................................
$5,800,000
Fort Leonard Wood .....................
$12,250,000
New Jersey ..........................
Fort Monmouth ...........................
$20,000,000
Picatinny Arsenal .........................
$10,200,000
New Mexico .........................
White Sands Missile Range .........
$7,600,000
New York ............................
Fort Drum ...................................
$59,350,000
North Carolina ....................
Fort Bragg ...................................
$21,300,000
Sunny Point Military Ocean Ter-
minal ........................................
$11,400,000
Oklahoma ............................
Fort Sill .......................................
$5,100,000
South Carolina ....................
Fort Jackson ................................
$3,650,000
Texas ...................................
Corpus Christi Army Depot .........
$10,400,000
Fort Sam Houston .......................
$9,650,000
Fort Bliss .....................................
$5,000,000
Fort Hood ....................................
$104,200,000
Virginia ...............................
Fort Belvoir .................................
$35,950,000
Fort Eustis ..................................
$24,750,000
Fort Lee .......................................
$23,900,000
Washington .........................
Fort Lewis ...................................
$238,200,000
Total: ....................................
$1,300,710,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the locations outside the United States,
and in the amounts, set forth in the following table:
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Army: Outside the United States
Country
Installation or location
Amount
Germany ...............................
Area Support Group, Bamberg ......
$36,000,000
Area Support Group, Darmstadt ....
$13,500,000
Baumholder .....................................
$9,000,000
Hanau .............................................
$7,200,000
Heidelberg .......................................
$15,300,000
Mannheim .......................................
$16,000,000
Wiesbaden Air Base ........................
$26,300,000
Korea ....................................
Camp Carroll ..................................
$16,593,000
Camp Casey ....................................
$8,500,000
Camp Hovey ...................................
$35,750,000
Camp Humphreys ...........................
$14,500,000
Camp Jackson .................................
$6,100,000
Camp Stanley ..................................
$28,000,000
Kwajalein ..............................
Kwajalein Atoll ...............................
$11,000,000
Total: .......................................
$243,743,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(3), the Secretary of the Army may ac-
quire real property and carry out military construction
projects for the installation and location, and in the
amount set forth in the following table:
Army: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide .........
Classified Location ..........................
$4,000,000
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts, set forth in the following table:
Army: Family Housing
State or Country
Installation or location
Purpose
Amount
Alaska ...........................
Fort Wainwright ...............
32 Units ......
$12,000,000
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Army: Family Housing—Continued
State or Country
Installation or location
Purpose
Amount
Arizona .........................
Fort Huachuca ..................
72 Units ......
$10,800,000
Georgia .........................
Fort Stewart .....................
160 Units ....
$2,500,000
Kansas ..........................
Fort Leavenworth .............
40 Units ......
$10,000,000
Texas ............................
Fort Bliss ..........................
76 Units ......
$13,600,000
Korea ............................
Camp Humphreys .............
54 Units ......
$12,800,000
Total: ...
$61,700,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of family housing units in an amount not
to exceed $11,592,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(A),
the Secretary of the Army may improve existing military
family housing units in an amount not to exceed
$220,750,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $3,018,077,000, as follows:
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(1) For military construction projects inside the
United States authorized by section 2101(a),
$1,089,416,000.
(2) For military construction projects outside
the United States authorized by section 2101(b),
$243,743,000.
(3) For a military construction project at an
unspecified worldwide location authorized by section
2101(c), $4,000,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $18,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $163,676,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $294,576,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$1,102,732,000.
(7) For the construction of a cadet development
center at the United States Military Academy, West
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Point, New York, authorized by section 2101(a) of
the Military Construction Authorization Act for Fis-
cal Year 1999 (division B of Public Law 105–261,
112 Stat. 2182), $37,900,000.
(8) For the construction of phase 2C of a bar-
racks complex, Tagaytay Street, at Fort Bragg,
North Carolina, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 825), $17,500,000.
(9) For the construction of phase 1C of a bar-
racks complex, Wilson Street, at Schofield Barracks,
Hawaii, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106–65, 113 Stat.
825), $23,000,000.
(10) For construction of phase 2 of a basic
combat training complex at Fort Leonard Wood,
Missouri, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2001 (division B of the Spence Act; 114 Stat.
1654A–389), as amended by section 2105 of this
Act, $27,000,000.
(11) For the construction of phase 2 of a battle
simulation center at Fort Drum, New York, author-
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ized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A–389), as
amended by section 2105 of this Act, $9,000,000.
(12) For the construction of phase 1 of a bar-
racks complex, Butner Road, at Fort Bragg, North
Carolina, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2001 (division B of the Spence Act; 114 Stat.
1654A–389), $49,000,000.
(13) For the construction of phase 1 of a bar-
racks complex, Longstreet Road, at Fort Bragg,
North Carolina, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal
Year 2001 (division B of the Spence Act; 114 Stat.
1654A–389), $27,000,000.
(14) For the construction of a multipurpose
digital training range at Fort Hood, Texas, author-
ized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A–389), as
amended by section 2105 of this Act, $13,000,000.
(15) For the homeowners assistance program,
as authorized by section 2832(a) of title 10, United
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States Code, $10,119,000, to remain available until
expended.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2101 of this Act
may not exceed—
(1) The total amount authorized to be appro-
priated under paragraphs (1), (2), (3) of subsection
(a);
(2) $52,000,000 (the balance of the amount au-
thorized under section 2201 (a) for construction of
a barracks complex, D Street, at Fort Richardson,
Alaska);
(3) $41,000,000 (the balance of the amount au-
thorized under section 2201 (a) for construction of
phase 1 of a barracks complex, Nelson Blvd, at Fort
Carson, Colorado);
(4) $36,000,000 (the balance of the amount au-
thorized under section 2201 (a) for construction of
phase 1 of a basic combat training complex at Fort
Jackson, South Carolina); and
(5) $102,000,000 (the balance of the amount
authorized under section 2201 (a) for construction
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of a barracks complex, 17th & B Streets, at Fort
Lewis, Washington).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (15)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $36,168,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $75,417,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support
outside the United States.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2001 PROJECTS.
(a) MODIFICATION.—The table in section 2101(a) of
the Military Construction Authorization Act for Fiscal
Year 2001 (division B of the Spence Act; 114 Stat.
1654A–389) is amended—
(1) in the item relating to Fort Leonard Wood,
Missouri, by striking ‘‘$65,400,000’’ in the amount
column and inserting ‘‘$69,400,000’’;
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(2) in the item relating to Fort Drum, New
York, by striking ‘‘$18,000,000’’ in the amount col-
umn and inserting ‘‘$21,000,000’’;
(3) in the item relating to Fort Hood, Texas,
by striking ‘‘$36,492,000’’ in the amount column
and inserting ‘‘$39,492,000’’; and
(4) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$623,074,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104 of
that Act (114 Stat. 1654A–391) is amended—
(1) in subsection (a), in the matter preceding
paragraph (1), by striking ‘‘$1,925,344,000’’ and in-
serting ‘‘$1,935,744,000’’;
(2) 
in 
subsection 
(b)(2), 
by 
striking
‘‘$22,600,000’’ and inserting ‘‘$27,000,000’’;
(3) 
in 
subsection 
(b)(3), 
by 
striking
‘‘$10,000,000’’ and inserting ‘‘$13,000,000’’; and
(4) 
in 
subsection 
(b)(6), 
by 
striking
‘‘$6,000,000’’ and inserting ‘‘$9,000,000’’.
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
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tions in section 2204(a)(1), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona ..........................
Marine Corps Air Station, Yuma ...........
$22,570,000
California ......................
Marine Air-Ground Task Force Training
Center, Twentynine Palms .................
$75,125,000
Marine Corps Air Station, Camp Pen-
dleton ..................................................
$4,470,000
Marine Corps Air Station, Miramar ......
$3,680,000
Marine Corps Base, Camp Pendleton ....
$96,490,000
Naval Air Facility, El Centro .................
$23,520,000
Naval Air Station, Lemoore ...................
$10,010,000
Naval Air Warfare Center, China Lake
$30,200,000
Naval Air Warfare Center, Point Mugu,
San Nicholas Island ............................
$13,730,000
Naval Amphibious Base, Coronado ........
$8,610,000
Naval Construction Battalion Center,
Port Hueneme ....................................
$12,400,000
Naval Construction Training Center,
Port Hueneme ....................................
$3,780,000
Naval Station, San Diego .......................
$47,240,000
District of Columbia .....
Naval Air Facility, Washington .............
$9,810,000
Florida ..........................
Naval Air Station, Key West .................
$11,400,000
Naval Air Station, Whiting Field, Milton
$2,140,000
Naval Station, Mayport ..........................
$16,420,000
Naval Station, Pensacola ........................
$3,700,000
Hawaii ...........................
Marine Corps Base, Kaneohe .................
$24,920,000
Naval Magazine Lualualei ......................
$6,000,000
Naval Shipyard, Pearl Harbor ...............
$20,000,000
Naval Station, Pearl Harbor ..................
$40,600,000
Navy Public Works Center, Pearl Har-
bor .......................................................
$16,900,000
Illinois ...........................
Naval Training Center, Great Lakes .....
$82,260,000
Indiana ..........................
Naval Surface Warfare Center, Crane ...
$14,930,000
Maine ............................
Naval Air Station, Brunswick ................
$67,395,000
Maryland .......................
Naval Air Warfare Center, Patuxent
River ...................................................
$2,260,000
Naval Air Warfare Center, St. Inigoes ..
$5,100,000
Naval Explosive Ordinance Disposal
Technology Center, Indian Head ........
$1,250,000
Mississippi .....................
Naval Construction Battalion Center,
Gulfport ..............................................
$21,660,000
Naval Air Station, Meridian ...................
$3,400,000
Missouri ........................
Marine Corps Support Activity, Kansas
City .....................................................
$9,010,000
North Carolina ..............
Marine Corps Air Station, New River ....
$4,050,000
Marine Corps Base, Camp Lejeune .......
$67,070,000
Pennsylvania .................
Naval Foundry and Propeller Center,
Philadelphia ........................................
$14,800,000
Rhode Island .................
Naval Station, Newport ..........................
$15,290,000
South Carolina ..............
Marine Corps Air Station, Beaufort ......
$8,020,000
Marine Corps Recruit Depot, Parris Is-
land .....................................................
$5,430,000
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Navy: Inside the United States—Continued
State
Installation or location
Amount
Naval Hospital, Beaufort .......................
$7,600,000
Tennessee ......................
Naval Support Activity, Millington ........
$3,900,000
Texas .............................
Naval Air Station, Joint Reserve Base,
Ft. Worth ............................................
$9,060,000
Virginia .........................
Marine Corps Air Facility, Quantico ......
$3,790,000
Marine Corps Combat Dev Com ............
$9,390,000
Naval Amphibious Base, Little Creek ....
$9,090,000
Naval Station, Norfolk ...........................
$139,270,000
Washington ...................
Naval Air Station, Whidbey Island ........
$3,470,000
Naval Shipyard, Bremerton ...................
$14,000,000
Naval Station, Everett ...........................
$6,820,000
Strategic Weapons Facility, Bangor ......
$3,900,000
Total: ..............................................
$1,038,920,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
Country
Installation or location
Amount
Greece .............................
Naval Support Activity Joint Head-
quarters Command, Larissa ................
$12,240,000
Naval Support Activity, Souda Bay ........
$3,210,000
Guam ..............................
Naval Station, Guam ...............................
$9,300,000
Navy Public Works Center, Guam ..........
$14,800,000
Iceland ............................
Naval Air Station, Keflavik .....................
$2,820,000
Italy ................................
Naval Air Station, Sigonella ...................
$3,060,000
Spain ..............................
Naval Station, Rota .................................
$2,240,000
Total: ...............................................
$47,670,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(5)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
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cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Navy: Family Housing
State
Installation or location
Purpose
Amount
Arizona .........................
Marine Corps Air Station,
Yuma .............................
51 Units ......
$9,017,000
California ......................
Marine Air-Ground Task
Force Training Center,
Twentynine Palms .........
74 Units ......
$16,250,000
Hawaii ..........................
Marine Corps Base,
Kaneohe .........................
172 Units ....
$46,996,000
Naval Station, Pearl Har-
bor .................................
70 Units ......
$16,827,000
Mississippi ....................
Naval Construction Bat-
talion Center, Gulfport ..
160 Units ....
$23,354,000
Virginia .........................
Marine Corps Combat De-
velopment Command,
Quantico ........................
81 Units ......
$10,000,000
Italy ..............................
Naval Air Station,
Sigonella ........................
10 Units ......
$2,403,000
Total: ...
$124,847,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of military family housing units in an
amount not to exceed $6,499,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(5)(A),
the Secretary of the Navy may improve existing military
family housing units in an amount not to exceed
$201,834,000.
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SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,389,605,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$980,018,000.
(2) For military construction projects outside
the United States authorized by section 2201(b),
$47,670,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $10,546,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $35,392,000.
(5) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $332,352,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $913,823,000.
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(6) For construction of phase 6 of a large
anachoic chamber facility at the Patuxent River
Naval Air Warfare Center, Maryland, authorized by
section 2201(a) of the Military Construction Author-
ization Act for Fiscal Year 1993 (division B of Pub-
lic Law 102–484; 106 Stat. 2590), $10,770,000.
(7) For construction of the Commander-in-
Chief Headquarters, Pacific Command, Camp H.M.
Smith, Hawaii, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 
828), 
as 
amended 
by 
section 
2205,
$37,580,000.
(8) For repair of a pier at Naval Station, San
Diego, California, authorized by section 2201(a) of
the Military Construction Authorization Act for Fis-
cal Year 2001 (division B of the Spence Act; 114
Stat. 1654A–396), $17,500,000.
(9) For replacement of a pier at Naval Ship-
yard, Bremerton, Washington, authorized by section
2201(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence
Act; 114 Stat. 1654A–396), $24,460,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
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ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $33,240,000 (the balance of the amount au-
thorized under section 2201(a) for replacement of a
pier, increment I, at Naval Station, Norfolk, Vir-
ginia; and
(3) $20,100,000 (the balance of the amount au-
thorized under section 2201(a) for a combined pro-
pulsion and explosives lab at Naval Air Warfare
Center, China Lake, California).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (9)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $6,854,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $13,652,000, which represents the combina-
tion of savings resulting from adjustments to foreign
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currency exchange rates for military family housing
construction and military family housing support
outside the United States.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECT.
(a) MODIFICATION.—The table in section 2201(a) of
the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113 Stat.
828) is amended—
(1) in the item relating to Camp H.M. Smith,
Hawaii, by striking ‘‘$86,050,000’’ in the amount
column and inserting ‘‘$89,050,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$820,230,000’’.
(b) CONFORMING AMENDMENTS.—Section 2204 of
that Act (113 Stat. 830) is amended—
(1) in subsection (a), in the matter preceding
paragraph (1), by striking ‘‘$2,108,087,000’’ and in-
serting ‘‘$2,111,087,000’’; and
(2) 
in 
subsection 
(b)(3), 
by 
striking
‘‘$70,180,000’’ and inserting ‘‘$73,180,000’’.
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TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(1), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama ................................
Maxwell Air Force Base ...................
$34,400,000
Alaska ...................................
Eareckson Air Force Base ...............
$4,600,000
Elmendorf Air Force Base ...............
$32,200,000
Arizona ..................................
Davis-Monthan Air Force Base ........
$23,500,000
Luke Air Force Base ........................
$4,500,000
Arkansas ...............................
Little Rock Air Force Base ..............
$10,600,000
California ..............................
Beale Air Force Base .......................
$7,900,000
Edwards Air Force Base ..................
$21,300,000
Los Angeles Air Force Base .............
$23,000,000
Travis Air Force Base ......................
$10,100,000
Vandenberg Air Force Base .............
$11,800,000
Colorado ................................
Buckley Air Force Base ...................
$23,200,000
Schriever Air Force Base .................
$30,400,000
United States Air Force Academy ...
$25,500,000
District of Columbia .............
Bolling Air Force Base .....................
$2,900,000
Florida ..................................
Cape Canaveral Air Force Station ...
$7,800,000
Eglin Air Force Base .......................
$11,400,000
Hurlburt Field ..................................
$10,400,000
MacDill Air Force Base ...................
$10,000,000
Tyndall Air Force Base ....................
$20,350,000
Georgia ..................................
Moody Air Force Base .....................
$4,900,000
Robins Air Force Base .....................
$14,650,000
Hawaii ...................................
Hickman Air Force Base .................
$6,300,000
Idaho .....................................
Mountain Home Air Force Base ......
$14,600,000
Kansas ..................................
McConnell Air Force Base ...............
$5,100,000
Maryland ...............................
Andrews Air Force Base ..................
$19,420,000
Massachusetts .......................
Hanscom Air Force Base .................
$9,400,000
Mississippi .............................
Keesler Air Force Base ....................
$28,600,000
Nevada ..................................
Nellis Air Force Base .......................
$12,600,000
New Jersey ............................
McGuire Air Force Base ..................
$36,550,000
New Mexico ...........................
Cannon Air Force Base ....................
$9,400,000
Kirtland Air Force Base ..................
$19,800,000
North Carolina ......................
Pope Air Force Base ........................
$17,800,000
North Dakota ........................
Grand Forks Air Force Base ...........
$7,800,000
Ohio .......................................
Wright-Patterson Air Force Base ....
$5,800,000
Oklahoma ..............................
Altus Air Force Base .......................
$20,200,000
Tinker Air Force Base .....................
$17,700,000
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Air Force: Inside the United States—Continued
State
Installation or location
Amount
South Carolina ......................
Shaw Air Force Base .......................
$24,400,000
Tennessee ..............................
Arnold Air Force Base .....................
$24,400,000
Texas .....................................
Lackland Air Force Base .................
$12,800,000
Laughlin Air Force Base ..................
$15,600,000
Sheppard Air Force Base .................
$45,200,000
Utah ......................................
Hill Air Force Base ..........................
$44,000,000
Virginia .................................
Langley Air Force Base ...................
$47,300,000
Washington ...........................
Fairchild Air Force Base .................
$2,800,000
McChord Air Force Base .................
$20,700,000
Wyoming ...............................
F E Warren Air Force Base ............
$10,200,000
Total: ........................................
$822,320,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Outside the United States
Country
Installation or location
Amount
Germany ................................
Ramstein Air Force Base .................
$42,900,000
Spangdahlem Air Base .....................
$8,700,000
Greenland ..............................
Thule ................................................
$19,000,000
Guam .....................................
Andersen Air Force Base .................
$10,150,000
Italy .......................................
Aviano Air Base ...............................
$11,800,000
Korea .....................................
Kunsan Air Base ..............................
$12,000,000
Osan Air Base ..................................
$101,142,000
Turkey ...................................
Eskisehir ...........................................
$4,000,000
United Kingdom ....................
Royal Air Force, Lakenheath ...........
$11,300,000
Royal Air Force, Mildenhall .............
$22,400,000
Wake Island ..........................
Wake Island ......................................
$25,000,000
Total: ........................................
$268,392,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(3), the Secretary of the Air Force
may acquire real property and carry out military construc-
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tion projects for the installation and location and in the
amounts, set forth in the following table:
Air Force: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide ..........
Classified Location ...........................
$4,458,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(7)(A), the Secretary of the
Air Force may construct or acquire family housing units
(including land acquisition) at the installations, for the
purposes, and in the amounts, set forth in the following
table:
Air Force: Family Housing
State
Installation or location
Purpose
Amount
Arizona ........................
uke Air Force Base ..........
120 Units ....
$15,712,000
California .....................
Travis Air Force Base ......
118 Units ....
$18,150,000
Colorado ......................
Buckley Air Force Base ...
55 Units ......
$11,400,000
Delaware ......................
Dover Air Force Base ......
120 Units ....
$18,145,000
District of Columbia ....
Bolling Air Force Base .....
136 Units ....
$16,926,000
Hawaii .........................
Hickam Air Force Base ...
102 Units ....
$25,037,000
Louisiana .....................
Barksdale Air Force Base
56 Units ......
$7,300,000
South Dakota ..............
Ellsworth Air Force Base
78 Units ......
$13,700,000
Virginia ........................
Langley Air Force Base ...
4 Units ........
$1,200,000
Portugal ......................
Lajes Field, Azores ...........
64 Units ......
$13,230,000
Total: ...
$140,800,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2304(a)(7)(A), the Secretary of the Air Force may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
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or improvement of military family housing units in an
amount not to exceed $24,558,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(7)(A),
the Secretary of the Air Force may improve existing mili-
tary family housing units in an amount not to exceed
$370,879,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $2,526,034,000 as fol-
lows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$806,020,000.
(2) For military construction projects outside
the United States authorized by section 2301(b),
$268,392,000.
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(3) For the military construction projects at
unspecified worldwide locations authorized by section
2301(c), $4,458,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $11,250,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $84,630,000.
(6) For military housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $536,237,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $866,171,000.
(7) $12,600,000 for construction of an air
freight terminal and base supply complex at
McGuire Air Force Base, New Jersey, authorized by
section 2301(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A–399), as amended by
section 2305.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
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ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2301 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of sub-
section (a); and
(2) $12,000,000 (the balance of the amount au-
thorized under section 2301(a) for a maintenance
depot hanger at Hill Air Force Base, Utah).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (7)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $15,846,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $47,878,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support
outside the United States.
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SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2001 PROJECT.
(a) MODIFICATION.—The table in section 2301(a) of
the Military Construction Authorization Act for Fiscal
Year 2001 (division B of the Spence Act; 114 Stat.
1654A–399) is amended—
(1) in the item relating to McGuire Air Force
Base, New Jersey, by striking ‘‘$29,772,000’’ in the
amount column and inserting ‘‘$32,972,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$748,955,000’’.
(b) 
CONFORMING
AMENDMENTS.—Section
2304(b)(2) of that Act (114 Stat. 1654A–402) is amended
by striking ‘‘$9,400,000’’ and inserting ‘‘$12,600,000’’.
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2403(a)(1), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
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Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Chemical Demilitarization .....
Blue Grass Army Depot, Kentucky ..
$47,220,000
Defense Education Activity ..
Laurel Bay, South Carolina .............
$12,850,000
Marine Corps Base, Camp LeJeune,
North Carolina ..............................
$8,857,000
Defense Logistics Agency .....
Defense Distribution Depot Tracy,
California ......................................
$30,000,000
Defense Distribution New Cum-
berland, Pennsylvania ...................
$19,900,000
Eielson Air Force Base, Alaska .......
$8,800,000
Fort Belvoir, Virginia .......................
$900,000
Grand Forks Air Force Base, North
Dakota ..........................................
$9,110,000
Hickam Air Force Base, Hawaii ......
$29,200,000
McGuire Air Force Base, New Jer-
sey .................................................
$4,400,000
Minot Air Force Base, North Da-
kota ...............................................
$14,000,000
Philadelphia, Pennsylvania ...............
$2,429,000
Pope Air Force Base, North Caro-
lina ................................................
$3,400,000
Special Operations Command
Aberdeen Proving Ground, Maryland
$3,200,000
Fort Benning, Georgia .....................
$5,100,000
Fort Bragg, North Carolina .............
$35,962,000
Fort Lewis, Washington ...................
$6,900,000
Hurlburt Field, Florida ....................
$13,400,000
MacDill Air Force Base, Florida .....
$12,000,000
Naval Station, San Diego, California
$13,650,000
TRICARE Management Ac-
tivity ..................................
Andrews Air Force Base, Maryland
$10,250,000
Dyess Air Force Base, Texas ...........
$3,300,000
F. E. Warren Air Force Base, Wyo-
ming ..............................................
$2,700,000
Fort Hood, Texas .............................
$12,200,000
Fort 
Stewart/Hunter 
Army 
Air
Field, Georgia ...............................
$11,000,000
Holloman Air Force Base, New
Mexico ...........................................
$5,700,000
Hurlburt Field, Florida ....................
$8,800,000
Marine Corps Base, Camp Pen-
dleton, California ..........................
$1,150,000
Marine Corps Logistics Base, Al-
bany, Georgia ................................
$5,800,000
Naval Air Station, Whidbey Island,
Washington ...................................
$1,900,000
Naval Hospital, Twentynine Palms,
California ......................................
$1,600,000
Naval Station, Mayport, Florida ......
$24,000,000
Naval Station, Norfolk, Virginia ......
$21,000,000
Schriever Air Force Base, Colorado
$4,000,000
Washington Headquarters
Services .............................
Pentagon Reservation, Virginia ........
$25,000,000
Total: ........................................
$325,228,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2403(a)(2), the Secretary of Defense may
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acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the fol-
lowing table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Education Activity ..
Aviano Air Base, Italy ......................
$3,647,000
Geilenkirchen AB, Germany .............
$1,733,000
Heidelberg, Germany ........................
$3,312,000
Kaiserslautern, Germany ..................
$1,439,000
Kitzingen, Germany ..........................
$1,394,000
Landstuhl, Germany .........................
$1,444,000
Ramstein Air Force Base, Germany
$2,814,000
Royal Air Force, Feltwell, United
Kingdom .......................................
$22,132,000
Vogelweh Annex, Germany ...............
$1,558,000
Wiesbaden Air Base, Germany .........
$1,378,000
Wuerzburg, Germany .......................
$2,684,000
Defense Logistics Agency .....
Anderson Air Force Base, Guam .....
$20,000,000
Camp Casey, Korea ..........................
$5,500,000
Naval Station, Rota, Spain ..............
$3,000,000
Yokota Air Base, Japan ...................
$13,000,000
Office Secretary of Defense ..
Comalapa Air Base, El Salvador ......
$12,577,000
TRICARE Management Ac-
tivity ..................................
Heidelberg, Germany ........................
$28,000,000
Lajes Field, Azores, Portugal ..........
$3,750,000
Thule, Greenland ..............................
$10,800,000
Total: ........................................
$140,162,000
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2403(a)(6), the Sec-
retary of Defense may carry out energy conservation
projects under section 2865 of title 10, United States
Code, in the amount of $35,600,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2001, for military construction, land acquisition, and
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military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $1,421,319,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$370,164,000.
(2) For military construction projects outside
the United States authorized by section 2401(b),
$140,162,000.
(3) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$24,492,000.
(4) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $10,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $74,496,000.
(6) For energy conservation projects authorized
by section 2402 of this Act, $35,600,000.
(7) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note),
$532,200,000.
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(8) For military family housing functions:
(A) For improvement of military family
housing and facilities, $250,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $43,762,000,
of which not more than $37,298,000 may be
obligated or expended for the leasing of military
family housing units worldwide.
(C) For credit to the Department of De-
fense Family Housing Improvement Fund es-
tablished by section 2883(a)(1) of title 10,
United States Code, $2,000,000.
(9) For the construction of phase 6 of an am-
munition demilitarization facility at Pine Bluff Arse-
nal, Arkansas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103–337; 108
Stat. 3040), as amended by section 2407 of the Mili-
tary Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104–106; 110 Stat.
539), section 2408 of the Military Construction Au-
thorization Act for Fiscal Year 1998 (division B of
Public Law 105–85; 111 Stat. 1982), section 2406
of the Military Construction Authorization Act for
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Fiscal Year 1999 (division B of Public Law 105–
261; 112 Stat. 2197), and section 2407 of this Act,
$26,000,000.
(10) For the construction of phase 3 of an am-
munition demilitarization facility at Pueblo Army
Depot, Colorado, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1997 (division B of Public Law 104–201;
110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 839), $11,000,000.
(11) For construction of phase 4 of an ammu-
nition demilitarization facility at Newport Army
Depot, Indiana, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105–261; 112
Stat. 2193), $66,000,000.
(12) For construction of phase 4 of an ammu-
nition demilitarization facility at Aberdeen Proving
Ground, Maryland, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1999 (division B of Public Law 105–261;
112 Stat. 2193), as amended by section 2406 of this
Act, $66,500,000.
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(13) For construction of a hospital at Fort
Wainwright, Alaska, authorized by section 2201(a)
of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106–65;
113 Stat. 836), $18,500,000.
(14) For construction of an aircrew water sur-
vival training facility at Naval Air Station, Whidbey
Island, Washington, authorized by section 2401(a)
of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106–65;
113 Stat. 836), as amended by section 2405 of this
Act, $6,600,000.
(15) For the construction of phase 2 of an am-
munition demilitarization facility at Blue Grass
Army Depot, Kentucky, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law
106–65, 113 Stat. 836), as amended by section
2405, $3,000,000.
(16) For construction of FHOTC Support Fa-
cilities at Camp Pendleton, California, authorized by
section 2401(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat.1654A–402), as amended by
section 2404 of this Act, $3,150,000.
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(17) For replacement of a Medical/Dental Clin-
ic, Las Flores, at Camp Pendleton, California, au-
thorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (divi-
sion B of the Spence Act; 114 Stat.1654A–402), as
amended by section 2404 of this Act, $3,800,000.
(18) For replacement of a Medical/Dental Clin-
ic, Las Pulgas, at Camp Pendleton, California, au-
thorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (divi-
sion B of the Spence Act; 114 Stat.1654A–402), as
amended by section 2404 of this Act, $4,050,000.
(19) For replacement of a Medical/Dental Clin-
ic, Horno, at Camp Pendleton, California, author-
ized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat.1654A–402), as amend-
ed by section 2404 of this Act, $4,300,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2401 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
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(c) ADJUSTMENTS.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (19)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $17,857,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $10,250,000, which represents the combina-
tion of project savings in military construction re-
sulting from favorable bids, reduced overhead
charges, and cancellations due to force structure
changes.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2001 PROJECT.
The table in section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A–402) is amended—
(1) under the agency heading relating to
TRICARE Management Activity, in the item relat-
ing to Marine Corps Base, Camp Pendleton, Cali-
fornia, by striking ‘‘$14,150,000’’ and inserting
‘‘$15,300,000’’; and
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(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$258,056,000’’.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECTS.
(a) MODIFICATION.—The table in section 2401(a) of
the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113 Stat.
836) is amended—
(1) under the agency heading relating to
TRICARE Management Activity, in the item relat-
ing to Naval Air Station, Whidbey Island, Wash-
ington, 
by 
striking 
‘‘$4,700,000’’ 
inserting
‘‘$6,600,000’’;
(2) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Blue
Grass 
Army 
Depot, 
Kentucky, 
by 
striking
‘‘$206,800,000’’ in the amount column and inserting
‘‘$254,030,000’’; and
(3) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$636,550,000’’.
(b) CONFORMING AMENDMENT.—Section 2405(b)(3)
of that Act (113 Stat. 839) is amended by striking
‘‘$184,000,000’’ and inserting ‘‘$231,230,000’’.
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SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1999 PROJECT.
The table in section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1999 (division B
of Public Law 105–261; 112 Stat. 2193) is amended—
(1) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Aber-
deen Proving Ground, Maryland, by striking
‘‘$186,350,000’’ in the amount column and inserting
‘‘$223,950,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$727,616,000’’.
(b) 
CONFORMING
AMENDMENTS.—Section
2404(b)(3) of that Act (112 Stat. 2196) is amended by
striking ‘‘$158,000,000’’ and inserting ‘‘$195,600,000’’.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1995 PROJECT.
The table in section 2401 of the Military Construc-
tion Authorization Act for Fiscal Year 1995 (division B
of Public Law 103–337; 108 Stat. 3040), as amended by
section 2407 of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104–
106; 110 Stat. 539), section 2408 of the Military Con-
struction Authorization Act for Fiscal Year 1998 (division
B of Public Law 105–85; 111 Stat. 1982), and section
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2406 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105–261; 112
Stat. 2197), is amended under the agency heading relating
to Chemical Agents and Munitions Destruction, in the
item relating to Pine Bluff Arsenal, Arkansas, by striking
‘‘$154,400,000’’ in the amount column and inserting
‘‘$177,400,000’’.
SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP
FORWARD OPERATING LOCATION ON ARUBA
FOR UNITED STATES SOUTHERN COMMAND
COUNTER-DRUG 
DETECTION 
AND 
MONI-
TORING FLIGHTS.
None of the funds appropriated under the heading
‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ in chapter 3
of title III of the Emergency Supplemental Act, 2000
(Public Law 106–246; 114 Stat. 579), may be used by
the Secretary of Defense to develop any forward operating
location on the island of Aruba to serve as a location from
which the United States Southern Command could con-
duct counter-drug detection and monitoring flights.
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TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for con-
tributions by the Secretary of Defense under section 2806
of title 10, United States Code, for the share of the United
States of the cost of projects for the North Atlantic Treaty
Organization Security Investment Program authorized by
section 2501, in the amount of $162,600,000.
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TITLE XXVI—GUARD AND
RESERVE FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal years beginning after September 30,
2001, for the costs of acquisition, architectural and engi-
neering services, and construction of facilities for the
Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (in-
cluding the cost of acquisition of land for those facilities),
the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $304,915,000; and
(B) for the Army Reserve, $173,017,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $53,291,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $197,472,000; and
(B) 
for 
the 
Air 
Force 
Reserve,
$79,132,000.
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TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program
(and authorizations of appropriations therefor) shall ex-
pire on the later of—
(1) October 1, 2004; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2005.
(b) EXCEPTION.—Subsection (a) shall not apply to
authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor) for which appropriated funds have been
obligated before the later of—
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(1) October 1, 2004; or
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2005 for military con-
struction projects, land acquisition, family housing
projects and facilities, or contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1999 PROJECTS.
(a) EXCEPTION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105–261; 112 Stat.
2199), authorizations set forth in the tables in subsection
(b), as provided in section 2302 or 2601 of that Act, shall
remain in effect until October 1, 2002, or the date of the
enactment of an Act authorizing funds for military con-
struction for fiscal year 2003, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Air Force: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Delaware .......................
Dover Air Force Base
Family Housing
Replacement
(55 Units) ...
$8,998,000
Florida ..........................
Patrick Air Force Base
Family Housing
Replacement
(46 Units) ...
$9,692,000
New Mexico ..................
Kirtland Air Force
Base .........................
Family Housing
Replacement
(37 Units) ...
$6,400,000
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Air Force: Extension of 1999 Project Authorizations—Continued
State
Installation or loca-
tion
Project
Amount
Ohio ..............................
Wright-Patterson Air
Force Base ..............
Family Housing
Replacement
(40 Units) ...
$5,600,000
Army National Guard: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Massachusetts ...............
Westfield ......................
Army Aviation
Support Fa-
cility .............
$9,274,000
South Carolina .............
Spartanburg ................
Readiness Cen-
ter.
$5,260,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1998 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1998 (division B of Public Law 105–85; 111 Stat.
1984), authorizations set forth in the tables in subsection
(b), as provided in section 2102, 2202, or 2302 of that
Act and extended by section 2702 of the Military Con-
struction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat. 1654A–408), shall remain
in effect until October 1, 2002, or the date of the enact-
ment of an Act authorizing funds for military construction
for fiscal year 2003, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
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Army: Extension of 1998 Project Authorization
State
Installation or loca-
tion
Project
Amount
Maryland ......................
Fort Meade .................
Family Housing
Construction
(56 units) ....
$7,900,000
Navy: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
California ......................
Naval Complex, San
Diego .......................
Family Housing
Replacement
(94 units) ....
$13,500,000
California ......................
Marine Corps Air Sta-
tion, Miramar ..........
Family Housing
Construction
(166 units) ..
$28,881,000
Louisiana ......................
Naval Complex, New
Orleans ....................
Family Housing
Replacement
(100 units) ..
$11,930,000
Texas ............................
Naval Air Station, Cor-
pus Christi ...............
Family Housing
Construction
(212 units) ..
$22,250,000
Air Force: Extension of 1998 Project Authorization
State
Installation or loca-
tion
Project
Amount
New Mexico ..................
Kirtland Air Force
Base .........................
Family Housing
Replacement
(180 units) ..
$20,900,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
shall take effect on the later of—
(1) October 1, 2001; or
(2) the date of the enactment of this Act.
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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.
Section 2805 of title 10, United States Code, is
amended—
(1) in subsection (b)(1), by striking ‘‘$500,000’’
and inserting ‘‘$750,000’’;
(2) 
in 
subsection 
(c)(1)(A), 
by 
striking
‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’; and
(3) 
in 
subsection 
(c)(1)(B), 
by 
striking
‘‘$500,000’’ and inserting ‘‘$750,000’’.
SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL
HAZARD REMEDIATION FROM LIMITATION
ON AUTHORIZED COST VARIATIONS.
Subsection (d) of section 2853 of title 10, United
States Code, is amended to read as follows:
‘‘(d) The limitation on cost increases in subsection
(a) does not apply—
‘‘(1) to the settlement of a contractor claim
under a contract; or
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‘‘(2) to the costs associated with the required
remediation of an environmental hazard in connec-
tion with a military construction project or military
family housing project, such as asbestos removal,
radon abatement, lead-based paint removal or abate-
ment, or any other legally required environmental
hazard remediation, if the required remediation
could not have reasonably been anticipated at the
time the project was approved originally by Con-
gress.’’.
SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT
ON MILITARY CONSTRUCTION AND MILITARY
FAMILY HOUSING ACTIVITIES.
(a) REPEAL.—Section 2861 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter III of chapter 169 of such
title is amended by striking the item relating to section
2861.
SEC. 2804. PERMANENT AUTHORIZATION FOR ALTER-
NATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) REPEAL OF TERMINATION PROVISION.—Section
2885 of title 10, United States Code, is repealed.
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(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter IV of chapter 169 of such
title is amended by striking the item relating to section
2885.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN
RECREATIONAL ACTIVITIES.
Section 2671 of title 10, United States Code, is
amended—
(1) by transferring subsection (b) to the end of
the section and redesignating such subsection, as so
transferred, as subsection (e); and
(2) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) Subsection (a) shall not apply with respect to
all or certain specified hunting, fishing, or trapping at a
military installation or facility if the Secretary of Defense
determines that the application of the State or Territory
fish and game laws to such hunting, fishing, or trapping
without modification could result in undesirable con-
sequences for public safety or adverse effects on morale,
welfare, or recreation activities at the installation or facil-
ity. The Secretary may not waive or modify the require-
ments under subsection (a)(2) regarding a license for such
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hunting, fishing, or trapping or any fee imposed by a State
or Territory to obtain such a license.’’.
SEC. 2812. BASE EFFICIENCY PROJECT AT BROOKS AIR
FORCE BASE, TEXAS.
(a) INDEMNIFICATION OF TRANSFEREES.—Section
136 of the Military Construction Appropriations Act, 2001
(division A of Public Law 106–246; 114 Stat. 520), is
amended—
(1) by striking subsection (n);
(2) by redesignating subsection (m) as sub-
section (n); and
(3) by inserting after subsection (l) the fol-
lowing new subsection:
‘‘(m) INDEMNIFICATION
OF
TRANSFEREES.—(1)
With respect to the disposal of real property under sub-
section (e) at the Base as part of the Project, the Sec-
retary shall hold harmless, defend, and indemnify in full
the Community and other persons and entities described
in paragraph (2) from and against any suit, claim, de-
mand or action, liability, judgment, cost or other fee aris-
ing out of any claim for personal injury or property dam-
age (including death, illness, or loss of or damage to prop-
erty or economic loss) that results from, or is in any man-
ner predicated upon, the release or threatened release of
any hazardous substance, pollutant or contaminant, or pe-
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troleum or petroleum derivative as a result of Department
of Defense activities at the Base.
‘‘(2) The persons and entities referred to in para-
graph (1) are the following:
‘‘(A) The Community (including any officer,
agent, or employee of the Community) that acquires
ownership or control of any real property at the
Base as described in paragraph (1).
‘‘(B) The State of Texas or any political sub-
division of the State (including any officer, agent, or
employee of the State or political subdivision) that
acquires such ownership or control.
‘‘(C) Any other person or entity that acquires
such ownership or control.
‘‘(D) Any successor, assignee, transferee, lend-
er, or lessee of a person or entity described in sub-
paragraphs (A) through (C).
‘‘(3) To the extent the persons and entities described
in paragraph (2) contributed to any such release or threat-
ened release, paragraph (1) shall not apply.
‘‘(4) No indemnification may be afforded under this
subsection unless the person or entity making a claim for
indemnification—
‘‘(A) notifies the Department of Defense in
writing within two years after such claim accrues or
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begins action within six months after the date of
mailing, by certified or registered mail, of notice of
final denial of the claim by the Department of De-
fense;
‘‘(B) furnishes to the Department of Defense
copies of pertinent papers the entity receives;
‘‘(C) furnishes evidence or proof of any claim,
loss, or damage covered by this subsection; and
‘‘(D) provides, upon request by the Department
of Defense, access to the records and personnel of
the entity for purposes of defending or settling the
claim or action.
‘‘(5) In any case in which the Secretary determines
that the Department of Defense may be required to make
indemnification payments to a person under this sub-
section for any suit, claim, demand or action, liability,
judgment, cost or other fee arising out of any claim for
personal injury or property damage referred to in para-
graph (1), the Secretary may settle or defend, on behalf
of that person, the claim for personal injury or property
damage. If the person to whom the Department of De-
fense may be required to make indemnification payments
does not allow the Secretary to settle or defend the claim,
the person may not be afforded indemnification with re-
spect to that claim under this subsection.
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‘‘(6) For purposes of paragraph (4)(A), the date on
which a claim accrues is the date on which the plaintiff
knew (or reasonably should have known) that the personal
injury or property damage referred to in paragraph (1)
was caused or contributed to by the release or threatened
release of a hazardous substance, pollutant or contami-
nant, or petroleum or petroleum derivative as a result of
Department of Defense activities at the Base.
‘‘(7) Nothing in this subsection shall be construed as
affecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)).
‘‘(8) In this subsection, the terms ‘facility’, ‘haz-
ardous substance’, ‘release’, and ‘pollutant or contami-
nant’ have the meanings given such terms in section 101
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, respectively (42
U.S.C. 9601).’’.
(b) DEFINITIONS.—Paragraph (9) of subsection (n)
of such section, as redesignated by subsection (a)(2), is
amended by striking ‘‘, who shall be a civilian official of
the Department appointed by the President with the ad-
vice and consent of the Senate’’.
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SEC. 2813. USE OF BUILDINGS ON MILITARY INSTALLA-
TIONS AND RESERVE COMPONENT FACILI-
TIES AS POLLING PLACES.
(a) USE
OF MILITARY INSTALLATIONS AUTHOR-
IZED.—Section 2670 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(b) USE
AS
POLLING
PLACES.—(1) Notwith-
standing chapter 29 of title 18 (including sections 592 and
593 of such title), the Secretary of a military department
may make a building located on a military installation
under the jurisdiction of the Secretary available for use
as a polling place in any Federal, State, or local election
for public office.
‘‘(2) Once a military installation is made available as
the site of a polling place with respect to a Federal, State,
or local election for public office, the Secretary shall con-
tinue to make the site available for subsequent elections
for public office unless the Secretary provides to Congress
advance notice in a reasonable and timely manner of the
reasons why the site will no longer be made available as
a polling place.
‘‘(3) In this subsection, the term ‘military installa-
tion’ has the meaning given the term in section 2687(e)
of this title.’’.
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(b) USE OF RESERVE COMPONENT FACILITIES.—(1)
Section 18235 of such title is amended by adding at the
end the following new subsection:
‘‘(c) Pursuant to a lease or other agreement under
subsection (a)(2), the Secretary may make a facility cov-
ered by subsection (a) available for use as a polling place
in any Federal, State, or local election for public office
notwithstanding chapter 29 of title 18 (including sections
592 and 593 of such title). Once a facility is made avail-
able as the site of a polling place with respect to an elec-
tion for public office, the Secretary shall continue to make
the facility available for subsequent elections for public of-
fice unless the Secretary provides to Congress advance no-
tice in a reasonable and timely manner of the reasons why
the facility will no longer be made available as a polling
place.’’.
(2) Section 18236 of such title is amended by adding
at the end the following new subsection:
‘‘(e) Pursuant to a lease or other agreement under
subsection (c)(1), a State may make a facility covered by
subsection (c) available for use as a polling place in any
Federal, State, or local election for public office notwith-
standing chapter 29 of title 18 (including sections 592 and
593 of such title).’’.
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(c) CONFORMING AND CLERICAL AMENDMENTS.—
(1) section 2670 of such title is further amended—
(A) by striking ‘‘Under’’ and inserting ‘‘(a)
USE BY RED CROSS.—Under’’; and
(B) by striking ‘‘this section’’ and inserting
‘‘this subsection’’.
(2) The heading of such section is amended to read
as follows:
‘‘§ 2670. Buildings on military installations: use by
American National Red Cross and as poll-
ing places’’.
(3) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
‘‘2670. Buildings on military installations: use by American National Red Cross
and as polling places.’’.
Subtitle C—Defense Base Closure
and Realignment
SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.
(a) 1988 LAW.—Section 204(b)(4) of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687
note) is amended—
(1) by redesignating subparagraphs (E), (F),
(G), (H), and (I) as subparagraphs (F), (G), (H),
(I), and (J), respectively; and
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(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E):
‘‘(E)(i) The Secretary may transfer real property at
an installation approved for closure or realignment under
this title (including property at an installation approved
for realignment which will be retained by the Department
of Defense or another Federal agency after realignment)
to the redevelopment authority for the installation if the
redevelopment authority agrees to lease, directly upon
transfer, one or more portions of the property transferred
under this subparagraph to the Secretary or to the head
of another department or agency of the Federal Govern-
ment. Subparagraph (B) shall apply to a transfer under
this subparagraph.
‘‘(ii) A lease under clause (i) shall be for a term of
not to exceed 50 years, but may provide for options for
renewal or extension of the term by the department or
agency concerned.
‘‘(iii) A lease under clause (i) may not require rental
payments by the United States.
‘‘(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned
ceases requiring the use of the leased property before the
expiration of the term of the lease, the remainder of the
lease term may be satisfied by the same or another depart-
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ment or agency of the Federal Government using the prop-
erty for a use similar to the use under the lease. Exercise
of the authority provided by this clause shall be made in
consultation with the redevelopment authority concerned.
‘‘(v) Notwithstanding clause (iii) or chapter 137 of
title 10, United States Code, if a lease under clause (i)
involves a substantial portion of the installation, the de-
partment or agency concerned may obtain facility services
for the leased property and common area maintenance
from the redevelopment authority or the redevelopment
authority’s assignee as a provision of the lease. The facil-
ity services and common area maintenance shall be pro-
vided at a rate no higher than the rate charged to non-
Federal tenants of the transferred property. Facility serv-
ices and common area maintenance covered by the lease
shall not include—
‘‘(I) municipal services that a State or local
government is required by law to provide to all land-
owners in its jurisdiction without direct charge; or
‘‘(II) firefighting or security-guard functions.’’.
(b) 1990 LAW.—Section 2905(b)(4)(E) of the De-
fense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note) is amended by adding at the end the following new
clause:
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‘‘(v) Notwithstanding clause (iii) or chapter 137 of
title 10, United States Code, if a lease under clause (i)
involves a substantial portion of the installation, the de-
partment or agency concerned may obtain facility services
for the leased property and common area maintenance
from the redevelopment authority or the redevelopment
authority’s assignee as a provision of the lease. The facil-
ity services and common area maintenance shall be pro-
vided at a rate no higher than the rate charged to non-
Federal tenants of the transferred property. Facility serv-
ices and common area maintenance covered by the lease
shall not include—
‘‘(I) municipal services that a State or local
government is required by law to provide to all land-
owners in its jurisdiction without direct charge; or
‘‘(II) firefighting or security-guard functions.’’.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2831. MODIFICATION OF LAND EXCHANGE, ROCK IS-
LAND ARSENAL, ILLINOIS.
(a) ADDITIONAL CONVEYANCE AUTHORIZED.—Sub-
section (a) of section 2832 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of
Public Law 106–65; 113 Stat. 857) is amended—
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(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Secretary may convey to the City all right,
title, and interest of the United States in and to an addi-
tional parcel of real property, including improvements
thereon, at the Rock Island Arsenal consisting of approxi-
mately .513 acres.’’.
(b) CONSIDERATION.—Subsection (b) of such section
is amended—
(1) by inserting ‘‘(1)’’ before ‘‘As consider-
ation’’;
(2) by striking ‘‘subsection (a)’’ both places it
appears and inserting ‘‘subsection (a)(1)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) As consideration for the conveyance under sub-
section (a)(2), the City shall convey to the Secretary all
right, title, and interest of the City in and to a parcel of
real property consisting of approximately .063 acres and
construct on the parcel, at the City’s expense, a new access
ramp to the Rock Island Arsenal.’’.
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SEC. 2832. MODIFICATION OF LAND CONVEYANCES, FORT
DIX, NEW JERSEY.
Section 2835(c) of the Military Construction Author-
ization Act for Fiscal Year 1998 (division B of Public Law
105–85; 111 Stat. 2004) is amended by adding at the end
the following new paragraph:
‘‘(3) Notwithstanding paragraphs (1) or (2), the Bor-
ough and Board may exchange between each other, with-
out the consent of the Secretary, all or any portion of the
property conveyed under subsection (a) so long as the
property continues to be used by the grantees for economic
development or educational purposes.’’.
SEC. 2833. LEASE AUTHORITY, FORT DERUSSY, HAWAII.
Notwithstanding section 809 of the Military Con-
struction Authorization Act, 1968 (Public Law 90–110;
81 Stat. 309) and section 2814(b) of the Military Con-
struction Authorization Act, 1989 (Public Law 100–456;
102 Stat. 2117), the Secretary of the Army may enter
into a lease with the City of Honolulu, Hawaii, for the
purpose of making available to the City a parcel of real
property at Fort DeRussy, Hawaii, for the construction
of a parking facility.
SEC. 2834. LAND EXCHANGE AND CONSOLIDATION, FORT
LEWIS, WASHINGTON.
(a) EXCHANGE AUTHORIZED.—(1) The Secretary of
the Army may convey to the Nisqually Tribe, a federally
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recognized Indian tribe whose tribal lands are located
within the State of Washington, all right, title, and inter-
est of the United States in and to two parcels of real prop-
erty, including any improvements thereon, consisting of
approximately 138 acres at Fort Lewis, Washington, in
exchange for the real property described in subsection (b).
(2) The property authorized for conveyance under
paragraph (1) does not include Bonneville Power Adminis-
tration transmission facilities or the right of way described
in subsection (c).
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the Nisqually Tribe shall—
(1) acquire from Thurston Country, Wash-
ington, several parcels of real property consisting of
approximately 416 acres that are owned by the
county, are within the boundaries of Fort Lewis, and
are currently leased by the Army, and
(2) convey fee title over the acquired property
to the Secretary.
(c) RIGHT-OF-WAY FOR BONNEVILLE POWER AD-
MINISTRATION.—The Secretary may use the authority
provided in section 2668 of title 10, United States Code,
to convey to the Bonneville Power Administration a right-
of-way that authorizes the Bonneville Power Administra-
tion to use real property at Fort Lewis as a route for the
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Grand Coulee-Olympia and Olympia-White River electric
transmission lines and appurtenances to facilitate the re-
moval of such transmission lines from tribal lands of the
Nisqually Tribe.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) and acquired under subsection (b)
shall be determined by a survey satisfactory to the Sec-
retary and the Nisqually Tribe. The cost of the survey
shall be borne by the recipient of the property.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyances under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2835. LAND CONVEYANCE, WHITTIER-ANCHORAGE
PIPELINE TANK FARM, ANCHORAGE, ALASKA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Port
of Anchorage, an entity of the Municipality of Anchorage,
Alaska, all right, title, and interest of the United States
in and to two adjoining parcels of real property, including
any improvements thereon, consisting of approximately 48
acres in Anchorage, Alaska, which are known as of the
Whittier-Anchorage Pipeline Tank Farm, for the purpose
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of permitting the Port of Anchorage to use the parcels
for economic development.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the recipient of the real property.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
(a) as the Secretary considers appropriate to protect the
interests of the United States.
PART II—NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE
BEACH NAVAL STATION, HUMBOLDT COUNTY,
CALIFORNIA.
(a) TRANSFER AUTHORIZED.—The Secretary of the
Navy may transfer, without reimbursement, to the admin-
istrative jurisdiction of the Secretary of the Interior the
real property, including any improvements thereon, con-
sisting of the closed Centerville Beach Naval Station in
Humboldt County, California, for the purpose of permit-
ting the Secretary of the Interior to manage the real prop-
erty as open space or for other public purposes.
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(b) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under this section shall be determined by a survey satis-
factory to the Secretary of the Navy. The cost of the sur-
vey shall be borne by the Secretary of the Interior.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Navy may require such additional terms
and conditions in connection with the transfer under this
section as the Secretary of the Navy considers appropriate
to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, NAVAL WEAPONS INDUS-
TRIAL RESERVE PLANT, TOLEDO, OHIO.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary
of the Navy may convey, without consideration, to the To-
ledo-Lucas County Port Authority, Ohio (in this section
referred to as the ‘‘Port Authority’’), all right, title, and
interest of the United States in and to a parcel of real
property consisting of approximately 29 acres, including
any improvements thereon, and comprising the Naval
Weapons Industrial Reserve Plant, Toledo, Ohio.
(2) The Secretary may include in the conveyance
under paragraph (1) such facilities, equipment, fixtures,
and other personal property located or based on the parcel
conveyed under that paragraph, or used in connection with
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the parcel, as the Secretary determines to be not required
by the Navy for other purposes.
(b) LEASE AUTHORITY.—Until such time as the real
property described in subsection (a)(1) is conveyed by
deed, the Secretary may lease the real property, together
with any improvements, facilities, equipment, fixtures, and
other personal property thereon, to the Port Authority in
exchange for security services, fire protection services, and
maintenance services provided by the Port Authority for
the real property.
(c) CONDITIONS OF CONVEYANCE.—(1) The convey-
ance under subsection (a), and any lease under subsection
(b), shall be subject to the conditions that the Port
Authority—
(A) accept the parcel, and any improvements,
facilities, equipment, fixtures, and other personal
property thereon, in their condition at the time of
the conveyance or lease, as the case may be; and
(B) except as provided in paragraph (2), use
the parcel, and any improvements, facilities, equip-
ment, fixtures, and other personal property thereon,
whether directly or through an agreement with a
public or private entity, for economic development,
redevelopment, or retention purposes, including the
creation or preservation of jobs and employment op-
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portunities, or such other public purposes as the
Port Authority determines appropriate.
(2) The Port Authority may at any time convey,
lease, or sublease, as the case may be, the parcel, and any
improvements, facilities, equipment, fixtures, and other
personal property thereon, to a public or private entity for
purposes described in paragraph (1)(B).
(d) INSPECTION.—The Secretary may permit the
Port Authority to review and inspect the improvements,
facilities, equipment, fixtures, and other personal property
located on the parcel described in subsection (a)(1) for
purposes of the conveyance authorized by that subsection
and the lease authorized by subsection (b).
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a)(1), and of any facilities, equipment
fixtures, or other personal property to be conveyed under
subsection (a)(2), shall be determined by a survey and
other means satisfactory to the Secretary. The cost of any
activities under the preceding sentence shall be borne by
the Port Authority.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a)(1),
and any lease under subsection (b), as the Secretary con-
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siders appropriate to protect the interests of the United
States.
SEC. 2843. MODIFICATION OF AUTHORITY FOR CONVEY-
ANCE OF NAVAL COMPUTER AND TELE-
COMMUNICATIONS STATION, CUTLER, MAINE.
Section 2853(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the Spence
Act; 114 Stat. 1654A–430) is amended by inserting ‘‘any
or’’ before ‘‘all right’’.
SEC. 2844. MODIFICATION OF LAND CONVEYANCE, FORMER
UNITED STATES MARINE CORPS AIR STA-
TION, EAGLE MOUNTAIN LAKE, TEXAS.
Section 5 of Public Law 85–258 (71 Stat. 583) is
amended by inserting before the period at the end the fol-
lowing: ‘‘or for the protection, maintenance, and operation
of other Texas National Guard facilities’’.
SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SE-
CURITY GROUP ACTIVITY, WINTER HARBOR,
MAINE.
(a) TRANSFER
OF
JURISDICTION
OF
SCHOODIC
POINT PROPERTY AUTHORIZED.—(1) The Secretary of
the Navy may transfer, without consideration, to the Sec-
retary of the Interior administrative jurisdiction of a par-
cel of real property, including any improvements thereon
and appurtenances thereto, consisting of approximately 26