174
‘‘(e) GUIDELINES AND POLICIES FOR IMPLEMENTA-
TION OF COORDINATION AND SHARING RECOMMENDATIONS,
CONTRACTS, AND AGREEMENTS.—(1) To implement the rec-
ommendations made by the Committee under subsection
(c)(2), as well as to carry out other health care contracts
and agreements for coordination and sharing initiatives as
they consider appropriate, the two Secretaries shall jointly
issue guidelines and policy directives. Such guidelines and
policies shall provide for coordination and sharing that—
‘‘(A) is consistent with the health care respon-
sibilities of the Department of Veterans Affairs under
this title and with the health care responsibilities of
the Department of Defense under chapter 55 of title
10;
‘‘(B) will not adversely affect the range of serv-
ices, the quality of care, or the established priorities
for care provided by either Department; and
‘‘(C) will not reduce capacities in certain spe-
cialized programs of the Department of Veterans Af-
fairs that the Secretary is required to maintain in ac-
cordance with section 1706(b) of this title.
‘‘(2) To facilitate the sharing and coordination of
health care services between the two Departments, the two
Secretaries shall jointly develop and implement guidelines
for a standardized, uniform payment and reimbursement
175
schedule for those services. Such schedule shall be imple-
mented no later than the beginning of fiscal year 2004 and
shall be revised periodically as necessary.
‘‘(3)(A) The guidelines established under paragraph
(1) shall authorize the heads of individual Department of
Defense and Department of Veterans Affairs medical facili-
ties and service regions to enter into health care resources
coordination and sharing agreements.
‘‘(B) Under any such agreement, an individual who
is a primary beneficiary of one Department may be pro-
vided health care, as provided in the agreement, at a facil-
ity or in the service region of the other Department that
is a party to the sharing agreement.
‘‘(C) Each such agreement shall identify the health
care resources to be shared.
‘‘(D) Each such agreement shall provide, and shall
specify procedures designed to ensure, that the availability
of direct health care to individuals who are not primary
beneficiaries of the providing Department is (i) on a refer-
ral basis from the facility or service region of the other De-
partment, and (ii) does not (as determined by the head of
the providing facility or region) adversely affect the range
of services, the quality of care, or the established priorities
for care provided to the primary beneficiaries of the pro-
viding Department.
176
‘‘(E) Each such agreement shall provide that a pro-
viding Department or service region shall be reimbursed for
the cost of the health care resources provided under the
agreement and that the rate of such reimbursement shall
be as determined in accordance with paragraph (2).
‘‘(F) Each proposal for an agreement under this para-
graph shall be effective (i) on the 46th day after the receipt
of such proposal by the Committee, unless earlier dis-
approved, or (ii) if earlier approved by the Committee, on
the date of such approval.
‘‘(G) Any funds received through such a uniform pay-
ment and reimbursement schedule shall be credited to funds
that have been allotted to the facility of either Department
that provided the care or services, or is due the funds from,
any such agreement.
‘‘(f) ANNUAL JOINT REPORT.—(1) At the time the
President’s budget is transmitted to Congress in any year
pursuant to section 1105 of title 31, the two Secretaries
shall submit to Congress a joint report on health care co-
ordination and sharing activities under this section during
the fiscal year that ended during the previous calendar
year.
‘‘(2) Each report under this section shall include the
following:
177
‘‘(A) The guidelines prescribed under subsection
(e) of this section (and any revision of such guide-
lines).
‘‘(B) The assessment of further opportunities
identified under subparagraph (C) of subsection (c)(5)
for the sharing of health-care resources between the
two Departments.
‘‘(C) Any recommendation made under sub-
section (c)(4) of this section during such fiscal year.
‘‘(D) A review of the sharing agreements entered
into under subsection (e) of this section and a sum-
mary of activities under such agreements during such
fiscal year and a description of the results of such
agreements in improving access to, and the quality
and cost effectiveness of, the health care provided by
the Veterans Health Administration and the Military
Health System to the beneficiaries of both Depart-
ments.
‘‘(E) A summary of other planning and activi-
ties involving either Department in connection with
promoting the coordination and sharing of Federal
health-care resources during the preceding fiscal year.
‘‘(F) Such recommendations for legislation as the
two Secretaries consider appropriate to facilitate the
178
sharing of health-care resources between the two De-
partments.
‘‘(3) In addition to the matters specified in paragraph
(2), the two Secretaries shall include in the annual report
under this subsection an overall status report of the progress
of health resources sharing between the two Departments as
a consequence of the Department of Defense-Department of
Veterans Affairs Health Resources Sharing and Perform-
ance Improvement Act of 2002 and of other sharing initia-
tives taken during the period covered by the report. Such
status report shall indicate the status of such sharing and
shall include appropriate data as well as analyses of that
data. The annual report shall include the following:
‘‘(A) Enumerations and explanations of major
policy decisions reached by the two Secretaries during
the period covered by the report period with respect
to sharing between the two Departments.
‘‘(B) A description of any purposes of Depart-
ment of Defense-Department of Veterans Affairs
Health Resources Sharing and Performance Improve-
ment Act of 2002 that presented barriers that could
not be overcome by the two Secretaries and their sta-
tus at the time of the report.
‘‘(C) A description of progress made in new ven-
tures or particular areas of sharing and coordination
179
that would be of policy interest to Congress consistent
with the intent of such Act.
‘‘(D) A description of enhancements of access to
care of beneficiaries of both Departments that came
about as a result of new sharing approaches brought
about by such Act.
‘‘(E) A description of proposals for which funds
are provided through the joint incentives program
under subsection (d), together with a description of
their results or status at the time of the report, in-
cluding access improvements, savings, and quality-of-
care enhancements they brought about, and a descrip-
tion of any additional use of funds made available
under subsection (d).
‘‘(g) DEFINITIONS.—For the purposes of this section:
‘‘(1) The term ‘beneficiary’ means a person who
is a primary beneficiary of the Department of Vet-
erans Affairs or of the Department of Defense.
‘‘(2) The term ‘direct health care’ means health
care provided to a beneficiary in a medical facility
operated by the Department or the Department of De-
fense.
‘‘(3) The term ‘head of a medical facility’ (A)
with respect to a medical facility of the Department,
means the director of the facility, and (B) with re-
180
spect to a medical facility of the Department of De-
fense, means the medical or dental officer in charge
or the contract surgeon in charge.
‘‘(4) The term ‘health-care resource’ includes hos-
pital care, medical services, and rehabilitative serv-
ices, as those terms are defined in paragraphs (5),
(6), and (8), respectively, of section 1701 of this title,
services under sections 1782 and 1783 of this title,
any other health-care service, and any health-care
support or administrative resource.
‘‘(5) The term ‘primary beneficiary’ (A) with re-
spect to the Department means a person who is eligi-
ble under this title (other than under section 1782,
1783, or 1784 or subsection (d) of this section) or any
other provision of law for care or services in Depart-
ment medical facilities, and (B) with respect to the
Department of Defense, means a member or former
member of the Armed Forces who is eligible for care
under section 1074 of title 10.
‘‘(6) The term ‘providing Department’ means the
Department of Veterans Affairs, in the case of care or
services furnished by a facility of the Department of
Veterans Affairs, and the Department of Defense, in
the case of care or services furnished by a facility of
the Department of Defense.
181
‘‘(7) The term ‘service region’ means a geo-
graphic service area of the Veterans Health Adminis-
tration, in the case of the Department of Veterans Af-
fairs, and a service region, in the case of the Depart-
ment of Defense.’’.
(2) The item relating to that section in the table of
sections at the beginning of chapter 81 of title 38, United
States Code, is amended to read as follows:
‘‘8111. Sharing of Department of Veterans Affairs and Department of Defense
health care resources.’’.
(b) CONFORMING AMENDMENT.—Section 1104 of title
10, United States Code, is amended by striking ‘‘may’’ and
inserting ‘‘shall’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2003.
SEC. 724. HEALTH CARE RESOURCES SHARING AND CO-
ORDINATION PROJECT.
(a) ESTABLISHMENT.—(1) The Secretary of Veterans
Affairs and the Secretary of Defense shall conduct a health
care resources sharing project to serve as a test for evalu-
ating the feasibility, and the advantages and disadvantages,
of measures and programs designed to improve the sharing
and coordination of health care and health care resources
between the Department of Veterans Affairs and the Depart-
ment of Defense. The project shall be carried out, as a min-
imum, at the sites identified under subsection (b).
182
(2) Reimbursement between the two Departments with
respect to the project under this section shall be made in
accordance with the provisions of section 8111(e)(2) of title
38, United States Code, as amended by section 723(a).
(b) SITE IDENTIFICATION.—(1) Not later than 90 days
after the date of the enactment of this Act, the Secretaries
shall jointly identify no less than five sites for the conduct
of the project under this section.
(2) For purposes of this section, a site at which the
resource sharing project shall be carried out is an area in
the United States in which—
(A) one or more military treatment facilities and
one or more VA health care facilities are situated in
relative proximity to each other, including facilities
engaged in joint ventures as of the date of the enact-
ment of this Act; and
(B) for which an agreement to coordinate care
and programs for patients at those facilities could be
implemented not later than October 1, 2004.
(c) CONDUCT OF PROJECT.—(1) At sites at which the
project is conducted, the Secretaries shall provide a test of
a coordinated management system for the military treat-
ment facilities and VA health care facilities participating
in the project. Such a coordinated management system for
a site shall include at least one of the elements specified
183
in paragraph (2), and each of the elements specified in that
paragraph must be included in the coordinated manage-
ment system for at least two of the participating sites.
(2) Elements of a coordinated management system re-
ferred to in paragraph (1) are the following:
(A) A budget and financial management system
for those facilities that—
(i) provides managers with information
about the costs of providing health care by both
Departments at the site;
(ii) allows managers to assess the advan-
tages and disadvantages (in terms of relative
costs, benefits, and opportunities) of using re-
sources of either Department to provide or en-
hance health care to beneficiaries of either De-
partment.
(B) A coordinated staffing and assignment sys-
tem for the personnel (including contract personnel)
employed at or assigned to those facilities, including
clinical practitioners of either Department.
(C) Medical information and information tech-
nology systems for those facilities that—
(i) are compatible with the purposes of the
project;
184
(ii) communicate with medical information
and information technology systems of cor-
responding elements of those facilities; and
(iii) incorporate minimum standards of in-
formation quality that are at least equivalent to
those adopted for the Departments at large in
their separate health care systems.
(d) PHARMACY BENEFIT.—(1) One of the elements that
shall be tested in at least two sites in accordance with sub-
section (c) is a pharmacy benefit under which beneficiaries
of either Department shall have access, as part of the
project, to pharmaceutical services of the other Department
participating in the project.
(2) The two Secretaries shall enter into a memo-
randum of agreement to govern the establishment and pro-
vision not later than October 1, 2004, of pharmaceutical
services authorized by this section. In the case of bene-
ficiaries of the Department of Defense, the authority under
the preceding sentence for such access to pharmaceutical
services at a VA health care facility includes authority for
medications to be dispensed based upon a prescription writ-
ten by a licensed health care practitioner who, as deter-
mined by the Secretary of Defense, is a certified practi-
tioner.
185
(e) AUTHORITY TO WAIVE CERTAIN ADMINISTRATIVE
POLICIES.—(1)(A) In order to carry out subsections (c) and
(d), the Secretary of Defense may, in the Secretary’s discre-
tion, waive any administrative policy of the Department
of Defense otherwise applicable to those subsections (includ-
ing policies applicable to pharmaceutical benefits) that spe-
cifically conflicts with the purposes of the project, in in-
stances in which the Secretary determines that the waiver
is necessary for the purposes of the project.
(B) In order to carry out subsections (c) and (d), the
Secretary of Veterans Affairs may, in the Secretary’s discre-
tion, waive any administrative policy of the Department
of Veterans Affairs otherwise applicable to those subsections
(including policies applicable to pharmaceutical benefits)
that specifically conflicts with the purposes of the project,
in instances in which the Secretary determines that the
waiver is necessary for the purposes of the project.
(C) The two Secretaries shall establish procedures for
resolving disputes that may arise from the effects of policy
changes that are not covered by other agreement or existing
procedures.
(2) No waiver under paragraph (1) may alter any
labor-management agreement in effect as of the date of the
enactment of this Act or adopted by either Department dur-
ing the period of the project.
186
(f) USE BY DOD OF CERTAIN TITLE 38 PERSONNEL
AUTHORITIES.—(1) In order to carry out subsections (c)
and (d), the Secretary of Defense may apply to civilian per-
sonnel of the Department of Defense assigned to or employed
at a military treatment facility participating in the project
any of the provisions of subchapters I, III, and IV of chap-
ter 74 of title 38, United States Code, determined appro-
priate by the Secretary.
(2) For such purposes, any reference in such chapter—
(A) to the ‘‘Secretary’’ or the ‘‘Under Secretary
for Health’’ shall be treated as referring to the Sec-
retary of Defense; and
(B) to the ‘‘Veterans Health Administration’’
shall be treated as referring to the Department of De-
fense.
(g) FUNDING.—From amounts available for health
care for a fiscal year, each Secretary shall make available
to carry out the project not less than—
(1) $5,000,000 for fiscal year 2003;
(2) $10,000,000 for fiscal year 2004; and
(3) $15,000,000 for each succeeding year during
which the project is in effect.
(h) DEFINITIONS.—For purposes of this section:
187
(1) The term ‘‘military treatment facility’’
means a medical facility under the jurisdiction of the
Secretary of a military department.
(2) The term ‘‘VA health care facility’’ means a
facility under the jurisdiction of the Veterans Health
Administration of the Department of Veterans Affairs.
(i) PERFORMANCE REQUIREMENTS.—(1) The two Sec-
retaries shall provide for a joint review team to conduct
an annual on-site review at each of the project locations
selected by the Secretaries under this section. The review
team shall be comprised of employees of the Offices of the
Inspectors General of the two Departments. Leadership of
the joint review team shall rotate each fiscal year between
an employee of the Office of the Inspector General of the
Department of Veterans Affairs, during even-numbered fis-
cal years, and an employee of the Office of Inspector Gen-
eral of the Department of Defense, during odd-numbered fis-
cal years.
(2) On completion of their annual joint review under
paragraph (1), the review team shall submit a report to
the two Secretaries on the results of the review. The Secre-
taries shall forward the report, without change, to the Com-
mittees on Armed Services and Veterans’ Affairs of the Sen-
ate and House of Representatives.
(3) Each such report shall include the following:
188
(A) The strategic mission coordination between
shared activities.
(B) The accuracy and validity of performance
data used to evaluate sharing performance and
changes in standards of care or services at the shared
facilities.
(C) A statement that all appropriated funds des-
ignated for sharing activities are being used for direct
support of sharing initiatives.
(D) Recommendations concerning continuance of
the project at each site for the succeeding 12-month
period.
(4) Whenever there is a recommendation under para-
graph (3)(D) to discontinue a resource sharing project
under this section, the two Secretaries shall act upon that
recommendation as soon as practicable.
(5) In the initial report under this subsection, the joint
review team shall validate the baseline information used for
comparative analysis.
(j) TERMINATION.—(1) The project, and the authority
provided by this section, shall terminate on September 30,
2007.
(2) The Secretaries may terminate the performance of
the project at any site when the performance of the project
at that site fails to meet performance expectations of the
189
Secretaries, based on recommendations from the review
team under subsection (i) or on other information available
to the Secretaries to warrant such action.
SEC. 725. REPORT ON IMPROVED COORDINATION AND
SHARING OF HEALTH CARE AND HEALTH
CARE 
RESOURCES 
FOLLOWING 
DOMESTIC
ACTS OF TERRORISM OR DOMESTIC USE OF
WEAPONS OF MASS DESTRUCTION.
(a) JOINT REVIEW.—The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly review the ade-
quacy of current processes and existing statutory authori-
ties and policy governing the capability of the Department
of Defense and the Department of Veterans Affairs to pro-
vide health care to members of the Armed Forces following
domestic acts of terrorism or domestic use of weapons of
mass destruction, both before and after any declaration of
national emergency. Such review shall include a determina-
tion of the adequacy of current authorities in providing for
the coordination and sharing of health care resources be-
tween the two Departments in such cases, particularly be-
fore the declaration of a national emergency.
(b) REPORT TO CONGRESS.—A report on the review
under subsection (a), including any recommended legisla-
tive changes, shall be submitted to Congress as part of the
fiscal year 2004 budget submission.
190
SEC. 726. ADOPTION BY DEPARTMENT OF VETERANS AF-
FAIRS OF DEPARTMENT OF DEFENSE PHAR-
MACY DATA TRANSACTION SYSTEM.
(a) ADOPTION OF PDTS SYSTEM.—The Secretary of
Veterans Affairs shall adopt for use by the Department of
Veterans Affairs health care system the system of the De-
partment of Defense known as the ‘‘Pharmacy Data Trans-
action System’’. Such system shall be fully operational for
the Department of Veterans Affairs not later than October
1, 2004.
(b) IMPLEMENTATION FUNDING.—The Secretary of De-
fense shall transfer to the Secretary of Veterans Affairs, or
shall otherwise bear the cost of, an amount sufficient to
cover three-fourths of the cost to the Department of Veterans
Affairs for initial computer programming activities and
relevant staff training expenses related to implementation
of subsection (a). Such amount shall be determined in such
manner as agreed to by the two Secretaries.
(c) REIMBURSEMENT PROCEDURES.—Any reimburse-
ment by the Department of Veterans Affairs to the Depart-
ment of Defense for the use by the Department of Veterans
Affairs of the transaction system under subsection (a) shall
be determined in accordance with section 8111(e)(2) of title
38, United States Code, as amended by section 723.
191
SEC. 727. JOINT PILOT PROGRAM FOR PROVIDING GRAD-
UATE MEDICAL EDUCATION AND TRAINING
FOR PHYSICIANS.
(a) IN GENERAL.—The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly carry out a pilot
program under which graduate medical education and
training is provided to military physicians and physician
employees of the Department of Defense and the Department
of Veterans Affairs through one or more programs carried
out in military medical treatment facilities of the Depart-
ment of Defense and medical centers of the Department of
Veterans Affairs. The pilot program shall begin not later
than January 1, 2003.
(b) COST-SHARING
AGREEMENT.—The Secretaries
shall enter into an agreement for carrying out the pilot pro-
gram. The agreement shall establish means for each Sec-
retary to assist in paying the costs, with respect to individ-
uals under the jurisdiction of that Secretary, incurred by
the other Secretary in providing medical education and
training under the pilot program.
(c) USE OF EXISTING AUTHORITIES.—To carry out
the pilot program, the Secretary of Defense and the Sec-
retary of Veterans Affairs may use authorities provided to
them under this Act, section 8111 of title 38, United States
Code, and other laws relating to the furnishing or support
of medical education and the cooperative use of facilities.
192
(d) TERMINATION OF PROGRAM.—The pilot program
under this section shall terminate on July 31, 2008.
(e) REPEAL
OF SUPERSEDED PROVISION.—Section
738 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107–107; 10 U.S.C. 1094 note; 115
Stat.1173) is repealed.
SEC. 728. REPEAL OF CERTAIN LIMITS ON DEPARTMENT OF
VETERANS AFFAIRS RESOURCES.
(a) REPEAL OF VA BED LIMITS.—Section 8110(a)(1)
of title 38, United States Code, is amended—
(1) in the first sentence, by striking ‘‘at not more
than 125,000 and not less than 100,000’’;
(2) in the third sentence, by striking ‘‘shall oper-
ate and maintain a total of not less than 90,000 hos-
pital beds and nursing home beds and’’; and
(3) in the fourth sentence, by striking ‘‘to enable
the Department to operate and maintain a total of
not less than 90,000 hospital and nursing home beds
in accordance with this paragraph and’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 2003.
SEC. 729. REPORTS.
(a) INTERIM REPORT.—Not later than February 1,
2004, the Secretary of Defense and Secretary of Veterans
Affairs shall submit to the Committees on Veterans’ Affairs
193
and the Committees on Armed Services of the Senate and
House of Representatives a joint report on their conduct
of each of the programs under this Act through the end of
the preceding fiscal year. The Secretaries shall include in
the report a description of the measures taken, or planned
to be taken, to implement the health resources sharing
project under section 724 and the other provisions of this
Act and any cost savings anticipated, or cost sharing
achieved, at facilities participating in the project. The re-
port shall also include information on improvements in ac-
cess to care, quality, and timeliness, as well as impediments
encountered and legislative recommendations to ameliorate
such impediments.
(b) ANNUAL REPORT ON USE OF WAIVER AUTHOR-
ITY.—Not later than one year after the date of the enact-
ment of this Act, and annually thereafter through comple-
tion of the project under section 724, the two Secretaries
shall submit to the committees of Congress specified in sub-
section (a) a joint report on the use of the waiver authority
provided by section 724(e)(1). The report shall include a
statement of the numbers and types of requests for waivers
under that section of administrative policies that have been
made during the period covered by the report and, for each
such request, an explanation of the content of each request,
the intended purpose or result of the requested waiver, and
194
the disposition of each request. The report also shall include
descriptions of any new administrative policies that en-
hance the success of the project.
(c) PHARMACY BENEFITS REPORT.—Not later than
one year after pharmaceutical services are first provided
pursuant to section 724(d)(1), the two Secretaries shall sub-
mit to the committees of Congress specified in subsection
(a) a joint report on access by beneficiaries of each depart-
ment to pharmaceutical services of the other department.
The report shall describe the advantages and disadvantages
to the beneficiaries and the Departments of providing such
access and any other matters related to such pharma-
ceutical services that the Secretaries consider pertinent, to-
gether with any legislative recommendations for expanding
or canceling such services.
(d) ANNUAL REPORT ON PILOT PROGRAM FOR GRAD-
UATE MEDICAL EDUCATION.—Not later than January 31,
2004, and January 31 of each year thereafter through 2009,
the two Secretaries shall submit to Congress a joint report
on the pilot program under section 727. The report for any
year shall cover activities under the program during the
preceding year and shall include each Secretary’s assess-
ment of the efficacy of providing education and training
under that program.
195
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS
SEC. 801. PLAN FOR ACQUISITION MANAGEMENT PROFES-
SIONAL EXCHANGE PILOT PROGRAM.
(a) PLAN REQUIRED.—(1) The Secretary of Defense
shall develop a plan for a pilot program under which—
(A) an individual in the field of acquisition
management employed by the Department of Defense
may be temporarily assigned to work in a private sec-
tor organization; and
(B) an individual in such field employed by a
private sector organization may be temporarily as-
signed to work in the Department of Defense.
(2) In developing the plan under paragraph (1), the
Secretary shall address the following:
(A) The benefits of undertaking such a program.
(B) The appropriate length of assignments under
the program.
(C) Whether an individual assigned under the
program should be compensated by the organization
to which the individual is assigned, or the organiza-
tion from which the individual is assigned.
196
(D) The ethics guidelines that should be applied
to the program and, if necessary, waivers of ethics
laws that would be needed in order to make the pro-
gram effective and attractive to both Government and
private sector employees.
(E) An assessment of how compensation of indi-
viduals suffering employment-related injuries under
the program should be addressed.
(b) SUBMISSION TO CONGRESS.—Not later than Feb-
ruary 1, 2003, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Rep-
resentatives the plan required under subsection (a).
SEC. 802. EVALUATION OF TRAINING, KNOWLEDGE, AND RE-
SOURCES REGARDING NEGOTIATION OF IN-
TELLECTUAL PROPERTY ARRANGEMENTS.
(a) AVAILABILITY OF TRAINING, KNOWLEDGE, AND
RESOURCES.—The Secretary of Defense shall evaluate the
training, knowledge, and resources needed by the Depart-
ment of Defense in order to effectively negotiate intellectual
property rights using the principles of the Defense Federal
Acquisition Regulation Supplement and determine whether
the Department of Defense currently has in place the train-
ing, knowledge, and resources available to meet those De-
partmental needs.
197
(b) REPORT.—Not later than February 1, 2003, the
Secretary of Defense shall submit to Congress a report
describing—
(1) the results of the evaluation performed under
subsection (a);
(2) to the extent the Department does not have
adequate training, knowledge, and resources available,
actions to be taken to improve training and knowl-
edge and to make resources available to meet the De-
partment’s needs; and
(3) the number of Department of Defense legal
personnel trained in negotiating intellectual property
arrangements.
SEC. 803. LIMITATION PERIOD FOR TASK AND DELIVERY
ORDER CONTRACTS.
Chapter 137 of title 10, United States Code, is
amended—
(1) in section 2304a—
(A) in subsection (e)—
(i) by inserting ‘‘(1)’’ before ‘‘A task’’;
and
(ii) by adding at the end the following
new paragraphs:
‘‘(2) Unless use of procedures other than competitive
procedures is authorized by an exception in subsection (c)
198
of section 2304 of this title and approved in accordance
with subsection (f) of such section, competitive procedures
shall be used for making such a modification.
‘‘(3) Notice regarding the modification shall be pro-
vided in accordance with section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) and section 8(e)
of the Small Business Act (15 U.S.C. 637(e)).’’; and
(B) by striking subsection (f) and inserting
the following:
‘‘(f) LIMITATION ON CONTRACT PERIOD.—The base pe-
riod of a task order contract or delivery order contract en-
tered into under this section may not exceed five years un-
less a longer period is specifically authorized in a law that
is applicable to such contract. The contract may be extended
for an additional 5 years (for a total contract period of
not more than 10 years) through modifications, options, or
otherwise.’’; and
(2) in section 2304b—
(A) by striking subsection (a) and inserting
the following:
‘‘(a) IN GENERAL.—A task order contract (as defined
in section 2304d of this title) for procurement of advisory
and assistance services shall be subject to the requirements
of this section, sections 2304a and 2304c of this title, and
other applicable provisions of law.’’;
199
(B) by striking subsections (b), (f), and (g)
and redesignating subsections (c), (d), (e), (h),
and (i) as subsections (b) through (f);
(C) by amending subsection (c) (as redesig-
nated by subparagraph (B)) to read as follows:
‘‘(c) REQUIRED CONTENT
OF CONTRACT.—A task
order contract described in subsection (a) shall contain the
same information that is required by section 2304a(b) to
be included in the solicitation of offers for that contract.’’;
and
(D) in subsection (d) (as redesignated by
subparagraph (B))—
(i) in paragraph (1), by striking
‘‘under this section’’ and inserting ‘‘de-
scribed in subsection (a)’’; and
(ii) in paragraph (2), by striking
‘‘under this section’’.
SEC. 804. ONE-YEAR EXTENSION OF PROGRAM APPLYING
SIMPLIFIED PROCEDURES TO CERTAIN COM-
MERCIAL ITEMS; REPORT.
(a) EXTENSION OF PILOT PROGRAM.—Section 4202 of
the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) is
amended in subsection (e) by striking ‘‘January 1, 2003’’
and inserting ‘‘January 1, 2004’’.
200
(b) REPORT REQUIRED.—Not later than January 15,
2003, the Secretary of Defense shall submit to Congress a
report on whether the authority to issue solicitations for
purchases of commercial items in excess of the simplified
acquisition threshold pursuant to the special simplified pro-
cedures authorized by section 2304(g)(1) of title 10, United
States Code, section 303(g)(1) of the Federal Property and
Administrative Services Act of 1949, and section 31(a) of
the Office of Federal Procurement Policy Act, should be
made permanent.
SEC. 805. AUTHORITY TO MAKE INFLATION ADJUSTMENTS
TO SIMPLIFIED ACQUISITION THRESHOLD.
Section 4(11) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 403(11)) is amended by inserting ‘‘, ex-
cept that such amount may be adjusted by the Adminis-
trator every five years to the amount equal to $100,000 in
constant fiscal year 2002 dollars (rounded to the nearest
$10,000)’’ before the period at the end.
SEC. 806. IMPROVEMENT OF PERSONNEL MANAGEMENT
POLICIES AND PROCEDURES APPLICABLE TO
THE CIVILIAN ACQUISITION WORKFORCE.
(a) PLAN REQUIRED.—The Secretary of Defense shall
develop a plan for improving the personnel management
policies and procedures applicable to the Department of De-
fense civilian acquisition workforce based on the results of
201
the demonstration project described in section 4308 of the
Clinger–Cohen Act of 1996 (division D of Public Law 104–
106; 10 U.S.C. 1701 note).
(b) SUBMISSION TO CONGRESS.—Not later than Feb-
ruary 15, 2003, the Secretary shall submit to Congress the
plan required under subsection (a) and a report including
any recommendations for legislative action necessary to im-
plement the plan.
SEC. 807. MODIFICATION OF SCOPE OF BALL AND ROLLER
BEARINGS COVERED FOR PURPOSES OF PRO-
CUREMENT LIMITATION.
Section 2534(a)(5) of title 10, United States Code is
amended—
(1) by striking ‘‘225.71’’ and inserting ‘‘225.70’’;
(2) by striking ‘‘October 23, 1992’’ and inserting
‘‘April 27, 2002’’; and
(3) by adding at the end the following: ‘‘In this
section the term ‘ball bearings and roller bearings’ in-
cludes unconventional or hybrid ball and roller bear-
ings and cam follower bearings, ball screws, and other
derivatives of ball and roller bearings.’’.
202
SEC. 808. RAPID ACQUISITION AND DEPLOYMENT PROCE-
DURES.
(a) REQUIREMENT TO ESTABLISH PROCEDURES.—
Chapter 141 of title 10, United States Code, is amended
by inserting after section 2396 the following new section:
‘‘§ 2397. Rapid acquisition and deployment procedures
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall
establish tailored rapid acquisition and deployment proce-
dures for items urgently needed to react to an enemy threat
or to respond to significant and urgent safety situations.
‘‘(b) PROCEDURES.—The procedures established under
subsection (a) shall include the following:
‘‘(1) A process for streamlined communications
between the Chairman of the Joint Chiefs of Staff, the
acquisition community, and the testing community.
‘‘(2) A process for expedited technical, pro-
grammatic, and financial decisions.
‘‘(3) An expedited procurement and contracting
process.
‘‘(c) SPECIFIC STEPS TO BE INCLUDED.—The proce-
dures established under subsection (a) shall provide for the
following:
‘‘(1) The commander of a unified combatant
command may notify the Chairman of the Joint
Chiefs of Staff of the need for an item described in
subsection (a) that is currently under development.
203
‘‘(2) The Chairman may request the Secretary of
Defense to use rapid acquisition and deployment pro-
cedures with respect to the item.
‘‘(3) The Secretary of Defense shall decide wheth-
er to use such procedures with respect to the item and
shall notify the Secretary of the appropriate military
department of the decision.
‘‘(4) If the Secretary of Defense decides to use
such procedures with respect to the item, the Sec-
retary of the military department shall prepare a
funding strategy for the rapid acquisition of the item
and shall conduct a demonstration of the performance
of the item.
‘‘(5) The Director of Operational Test and Eval-
uation shall immediately evaluate the existing capa-
bility of the item (but under such evaluation shall not
assess the capability of the item as regards to the
function the item was originally intended to per-
form).
‘‘(6) The Chairman of the Joint Chiefs of Staff
shall review the evaluation of the Director of Oper-
ational Test and Evaluation and report to the Sec-
retary of Defense regarding whether the capabilities of
the tested item are able to meet the urgent need for
the item.
204
‘‘(7) The Secretary of Defense shall evaluate the
information regarding funding and rapid acquisition
prepared pursuant to paragraph (4) and approve or
disapprove of the acquisition of the item using the
procedures established pursuant to subsection (a).
‘‘(d) LIMITATION.—The quantity of items of a system
procured using the procedures established under this section
may not exceed the number established for low-rate initial
production for the system, and any such items shall be
counted for purposes of the number of items of the system
that may be procured through low-rate initial production.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2396 the following new item:
‘‘2397. Rapid acquisition and deployment procedures.’’.
SEC. 809. QUICK-REACTION SPECIAL PROJECTS ACQUISI-
TION TEAM.
(a) ESTABLISHMENT.—Chapter 141 of title 10, United
States Code, is amended by inserting after section 2402 the
following new section:
‘‘§ 2403. Quick-reaction special projects acquisition
team
‘‘The Secretary of Defense shall establish a quick-reac-
tion special projects acquisition team, the purpose of which
shall be to advise the Secretary on actions that can be taken
to expedite the procurement of urgently needed systems. The
205
team shall address problems with the intention of creating
expeditious solutions relating to—
‘‘(1) industrial-base issues such as the limited
availability of suppliers;
‘‘(2) compliance with acquisition regulations and
lengthy procedures;
‘‘(3) compliance with environmental require-
ments;
‘‘(4) compliance with requirements regarding
small-business concerns; and
‘‘(5) compliance with requirements regarding the
purchase of products made in the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2402 the following new item:
‘‘2403. Quick-reaction special projects acquisition team.’’.
SEC. 
810. 
REPORT 
ON 
DEVELOPMENT 
OF 
ANTI-
CYBERTERRORISM TECHNOLOGY.
Not later than February 1, 2003, the Secretary of De-
fense shall submit to Congress a report on—
(1) efforts by the Department of Defense to enter
into contracts with private entities to develop
anticyberterrorism technology; and
(2) whether such efforts should be increased.
206
SEC. 811. CONTRACTING WITH FEDERAL PRISON INDUS-
TRIES.
(a) ASSURING BEST VALUE FOR NATIONAL DEFENSE
AND HOMELAND SECURITY.—(1) The Department of De-
fense or one of the military departments may acquire a
product or service from Federal Prison Industries, Inc. only
if such acquisition is made through a procurement contract
awarded and administered in accordance with chapter 137
of title 10, United States Code, the Federal Acquisition Reg-
ulation, and the Department of Defense supplements to such
regulation. If a contract is to be awarded to Federal Prison
Industries, Inc. by the Department of Defense through other
than competitive procedures, authority for such award shall
be based upon statutory authority other than chapter 307
of title 18, United States Code.
(2) The Secretary of Defense shall assure that—
(A) no purchase of a product or a service is
made by the Department of Defense from Federal
Prison Industries, Inc. unless the contracting officer
determines that—
(i) the product or service can be timely fur-
nished and will meet the performance needs of
the activity that requires the product or service;
and
(ii) the price to be paid does not exceed a
fair market price determined by competition or
207
a fair and reasonable price determined by price
analysis or cost analysis; and
(B) Federal Prison Industries, Inc. performs its
contractual obligations to the same extent as any
other contractor for the Department of Defense.
(b) PERFORMANCE AS A SUBCONTRACTOR.—(1) The
use of Federal Prison Industries, Inc. as a subcontractor
or supplier shall be a wholly voluntary business decision
by a Department of Defense prime contractor or subcon-
tractor, subject to any prior approval of subcontractors or
suppliers by the contracting officer which may be imposed
by regulation or by the contract.
(2) A defense contractor (or subcontractor at any tier)
using Federal Prison Industries, Inc. as a subcontractor or
supplier in furnishing a commercial product pursuant to
a contract shall implement appropriate management proce-
dures to prevent introducing an inmate-produced product
or inmate-furnished services into the commercial market.
(3) Except as authorized under the Federal Acquisition
Regulation, the use of Federal Prison Industries, Inc. as
a subcontractor or supplier of products or provider of serv-
ices shall not be imposed upon prospective or actual defense
prime contractors or subcontractors at any tier by means
of—
208
(A) a contract solicitation provision requiring a
contractor to offer to make use of Federal Prison In-
dustries, Inc. its products or services;
(B) specifications requiring the contractor to use
specific products or services (or classes of products or
services) offered by Federal Prison Industries, Inc. in
the performance of the contract;
(C) any contract modification directing the use
of Federal Prison Industries, Inc. its products or serv-
ices; or
(D) any other means.
(c) PROTECTION OF CLASSIFIED AND SENSITIVE IN-
FORMATION.—The Secretary of Defense shall assure that
Federal Prison Industries, Inc. is not permitted to provide
services as a contractor or subcontractor at any tier, if an
inmate worker has access to—
(1) data that is classified or will become classi-
fied after being merged with other data;
(2) geographic data regarding the location of
surface and subsurface infrastructure providing com-
munications, water and electrical power distribution,
pipelines for the distribution of natural gas, bulk pe-
troleum products and other commodities, and other
utilities; or
209
(3) personal or financial information about indi-
vidual private citizens, including information relat-
ing to such person’s real property, however described,
without giving prior notice to such persons or class
of persons to the greatest extent practicable.
(d) REGULATORY IMPLEMENTATION.—
(1) PROPOSED
REGULATIONS.—Proposed revi-
sions to the Department of Defense Supplement to the
Federal Acquisition Regulation to implement this sec-
tion shall be published not later than 90 days after
the date of enactment of this Act and provide not less
than 60 days for public comment.
(2) FINAL
REGULATIONS.—Final regulations
shall be published not later than 180 days after the
date of the enactment of this Act and shall be effective
on the date that is 30 days after the date of publica-
tion.
SEC. 812. RENEWAL OF CERTAIN PROCUREMENT TECH-
NICAL ASSISTANCE COOPERATIVE AGREE-
MENTS AT FUNDING LEVELS AT LEAST SUFFI-
CIENT TO SUPPORT EXISTING PROGRAMS.
Section 2413 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(d) With respect to any eligible entity that has suc-
cessfully performed under a cooperative agreement entered
210
into under subsection (a), the Secretary shall strive, to the
greatest extent practicable and subject to appropriations, to
renew such agreement with such entity at a level of funding
which is at least equal to the level of funding under the
cooperative agreement being renewed.’’.
TITLE 
IX—DEPARTMENT 
OF
DEFENSE 
ORGANIZATION
AND MANAGEMENT
SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY
TO SECRETARY OF THE NAVY AND MARINE
CORPS.
(a) CHANGE IN TITLE.—The position of the Secretary
of the Navy is hereby redesignated as the Secretary of the
Navy and Marine Corps.
(b) REFERENCES.—Any reference to the Secretary of
the Navy in any law, regulation, document, record, or other
paper of the United States shall be considered to be a ref-
erence to the Secretary of the Navy and Marine Corps.
SEC. 902. REPORT ON IMPLEMENTATION OF UNITED
STATES NORTHERN COMMAND.
Not later than September 1, 2002, the Secretary of De-
fense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report pro-
viding an implementation plan for the United States
Northern Command. The report shall address the following:
211
(1) The required budget for standing-up and
maintaining that command.
(2) The location of the headquarters of that com-
mand and alternatives considered for that location,
together with the criteria used in selection of that lo-
cation.
(3) The required manning levels for the com-
mand, the effect that command will have on current
Department of Defense personnel resources, and the
other commands from which personnel will be trans-
ferred to provide personnel for that command.
(4) The chain of command within that command
to the component command level and a review of per-
manently assigned or tasked organizations and units.
(5) The relationship of that command to the Of-
fice of Homeland Security and the Homeland Secu-
rity Council, to other Federal departments and agen-
cies, and to State and local law enforcement agencies.
(6) The relationship of that command with the
National Guard Bureau, individual State National
Guard Headquarters, and civil first responders to en-
sure continuity of operational plans.
(7) The legal implications of military forces in
their Federal capacity operating on United States
territory.
212
(8) The status of Department of Defense
consultations—
(A) with Canada regarding Canada’s role
in, and any expansion of mission for, the North
American Air Defense Command; and
(B) with Mexico regarding Mexico’s role in
the United States Northern Command.
(9) The status of Department of Defense con-
sultations with NATO member nations on efforts to
transfer the Supreme Allied Command for the Atlan-
tic from dual assignment with the position of com-
mander of the United States Joint Forces Command.
(10) The revised mission, budget, and personnel
resources required for the United States Joint Forces
Command.
SEC. 903. NATIONAL DEFENSE MISSION OF COAST GUARD
TO BE INCLUDED IN FUTURE QUADRENNIAL
DEFENSE REVIEWS.
Section 118(d) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (14) as para-
graph (15); and
(2) by inserting after paragraph (13) the fol-
lowing new paragraph:
213
‘‘(14) The national defense mission of the Coast
Guard.’’.
SEC. 904. CHANGE IN YEAR FOR SUBMISSION OF QUADREN-
NIAL DEFENSE REVIEW.
Section 118(a) of title 10, United States Code, is
amended by striking ‘‘during a year’’ and inserting ‘‘dur-
ing the second year’’.
SEC. 905. REPORT ON EFFECT OF OPERATIONS OTHER
THAN WAR ON COMBAT READINESS OF THE
ARMED FORCES.
(a) REPORT REQUIRED.—Not later than February 28,
2004, the Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
on the effect on the combat readiness of the Armed Forces
of operations other than war in which the Armed Forces
are participating as of the date of the enactment of this
Act (hereinafter in this section referred to as ‘‘current oper-
ations other than war’’). Such report shall address any such
effect on combat readiness for the Armed Forces as a whole
and separately for the active components and the reserve
components.
(b) OPERATIONS OTHER THAN WAR.—For purposes of
this section, the term ‘‘operations other than war’’ includes
the following:
214
(1) Humanitarian operations.
(2) Counter-drug operations.
(3) Peace operations.
(4) Nation assistance.
(c) MATTERS TO BE ADDRESSED.—The report shall,
at a minimum, address the following (shown both for the
Armed Forces as a whole and separately for the active com-
ponents and the reserve components):
(1) With respect to each current operation other
than war, the number of members of the Armed
Forces who are—
(A) directly participating in the operation;
(B) supporting the operation;
(C) preparing to participate or support an
upcoming rotation to the operation; or
(D) recovering and retraining following
participation in the operation.
(2) The cost to the Department of Defense in
time, funds, resources, personnel, and equipment to
prepare for, conduct, and recover and retrain from
each such operation.
(3) The effect of participating in such operations
on performance, retention, and readiness of indi-
vidual members of the Armed Forces.
215
(4) The effect of such operations on the readiness
of forces and units participating, preparing to par-
ticipate, and returning from participation in such
operations.
(5) The effect that such operations have on forces
and units that do not, have not, and will not partici-
pate in them.
(6) The contribution to United States national
security and to regional stability of participation by
the United States in such operations, to be assessed
after receiving the views of the commanders of the re-
gional unified combatant commands.
(d) CLASSIFICATION OF REPORT.—The report may be
provided in classified or unclassified form as necessary.
SEC. 906. CONFORMING AMENDMENT TO REFLECT DIS-
ESTABLISHMENT OF DEPARTMENT OF DE-
FENSE CONSEQUENCE MANAGEMENT PRO-
GRAM INTEGRATION OFFICE.
Section 12310(c)(3) of title 10, United States Code, is
amended by striking ‘‘only—’’ and all that follows through
‘‘(B) while assigned’’ and inserting ‘‘only while assigned’’.
SEC. 907. AUTHORITY TO ACCEPT GIFTS FOR NATIONAL DE-
FENSE UNIVERSITY.
(a) IN GENERAL.—Section 2605 of title 10, United
States Code, is amended—
216
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘administra-
tion of’’; and
(B) by inserting before the period at the end
of the first sentence ‘‘, or (2) the National De-
fense University’’;
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(B) by striking ‘‘subsection (a)’’ and insert-
ing ‘‘subsection (a)(1)’’;
(C) by designating the last sentence as
paragraph (3) and in that sentence by inserting
‘‘or for the benefit or use of the National Defense
University, as the case may be,’’ after ‘‘schools,’’;
and
(D) by inserting before paragraph (3), as
designated by subparagraph (C), the following:
‘‘(2) There is established in the Treasury a fund to
be known as the ‘National Defense University Gift Fund’.
Gifts of money, and the proceeds of the sale of property,
received under subsection (a)(2) shall be deposited in the
Fund.’’;
(3) in subsection (d)(1)(A), by inserting ‘‘and the
National Defense University Gift Fund’’ before the
semicolon; and
217
(4) by adding at the end the following new sub-
section:
‘‘(h) In this section, the term ‘National Defense Uni-
versity’ includes any school or other component of the Na-
tional Defense University.’’.
(b) CLERICAL AMENDMENT.—(1) The heading of such
section is amended to read as follows:
‘‘§ 2605. Acceptance of gifts for defense dependents’
schools and National Defense University’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 151 of such title is
amended to read as follows:
‘‘2605. Acceptance of gifts for defense dependents’ schools and National Defense
University.’’.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)
Upon determination by the Secretary of Defense that such
action is necessary in the national interest, the Secretary
may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year
2003 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
218
(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this section may
not exceed $2,000,000,000.
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations—
(1) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred
by an amount equal to the amount transferred.
(d) NOTICE
TO
CONGRESS.—The Secretary shall
promptly notify Congress of each transfer made under sub-
section (a).
SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 2002.
(a) DOD AUTHORIZATIONS.—Amounts authorized to
be appropriated to the Department of Defense for fiscal year
2002 in the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107–107) are hereby adjusted, with
respect to any such authorized amount, by the amount by
219
which appropriations pursuant to such authorization are
increased (by a supplemental appropriation) or decreased
(by a rescission), or both, or are increased by a transfer
of funds, pursuant to the following:
(1) Chapter 3 of the Emergency Supplemental
Act, 2002 (division B of Public Law 107–117; 115
Stat. 2299).
(2) Any Act enacted after May 1, 2002, making
supplemental appropriations for fiscal year 2002 for
the military functions of the Department of Defense.
(b) NNSA AUTHORIZATIONS.—Amounts authorized to
be appropriated to the Department of Energy for fiscal year
2002 in the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107–107) are hereby adjusted, with
respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorization are
increased (by a supplemental appropriation) or decreased
(by a rescission), or both, or are increased by a transfer
of funds, pursuant to the following:
(1) Chapter 5 of the Emergency Supplemental
Act, 2002 (division B of Public Law 107–117; 115
Stat. 2307).
(2) Any Act enacted after May 1, 2002, making
supplemental appropriations for fiscal year 2002 for
220
the atomic energy defense activities of the Department
of Energy.
(c) LIMITATION ON TRANSFERS PENDING SUBMISSION
OF REPORT.—Any amount provided for the Department of
Defense for fiscal year 2002 through a so-called ‘transfer
account’’, including the Defense Emergency Response Fund
or any other similar account, may be transferred to another
account for obligation only after the Secretary of Defense
submits to the congressional defense committees a report
stating, for each such transfer, the amount of the transfer,
the appropriation account to which the transfer is to be
made, and the specific purpose for which the transferred
funds will be used.
(d) EMERGENCY DESIGNATION REQUIREMENT.—(1)
In the case of a pending contingent emergency supplemental
appropriation for the military functions of the Department
of Defense or the atomic energy defense activities of the De-
partment of Energy, an adjustment may be made under
subsection (a) or (b) in the amount of an authorization of
appropriations by reason of that supplemental appropria-
tion only if, and to the extent that, the President transmits
to Congress an official budget request for that appropriation
that designates the entire amount requested as an emer-
gency requirement.
221
(2) For purposes of this subsection, the term ‘‘contin-
gent emergency supplemental appropriation’’ means a sup-
plemental appropriation that—
(A) is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act
of 1985; and
(B) by law is available only to the extent that
the President transmits to the Congress an official
budget request for that appropriation that includes
designation of the entire amount of the request as an
emergency requirement.
SEC. 1003. UNIFORM STANDARDS THROUGHOUT DEPART-
MENT OF DEFENSE FOR EXPOSURE OF PER-
SONNEL TO PECUNIARY LIABILITY FOR LOSS
OF GOVERNMENT PROPERTY.
(a) EXTENSION OF ARMY AND AIR FORCE REPORT-
OF-SURVEY PROCEDURES TO NAVY AND MARINE CORPS
AND ALL DOD CIVILIAN EMPLOYEES.—(1) Chapter 165 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2787. Reports of survey
‘‘(a) REGULATIONS.—Under such regulations as the
Secretary of Defense may prescribe, any officer of the Army,
Navy, Air Force, or Marine Corps or any civilian employee
222
of the Department of Defense designated by the Secretary
may act upon reports of surveys and vouchers pertaining
to the loss, spoilage, unserviceability, unsuitability, or de-
struction of, or damage to, property of the United States
under the control of the Department of Defense.
‘‘(b) FINALITY OF ACTION.—Action taken under sub-
section (a) is final, except that action holding a person pe-
cuniarily liable for loss, spoilage, destruction, or damage
is not final until approved by the Secretary.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2787. Reports of survey.’’.
(b) EXTENSION TO MEMBERS OF THE NAVY AND MA-
RINE CORPS OF PAY DEDUCTION AUTHORITY PERTAINING
TO DAMAGE OR REPAIR OF ARMS AND EQUIPMENT .—Sec-
tion 1007(e) of title 37, United States Code, is amended
by striking ‘‘Army or the Air Force’’ and inserting ‘‘Army,
Navy, Air Force, or Marine Corps’’.
(c) REPEAL OF SUPERCEDED PROVISIONS.—(1) Sec-
tions 4835 and 9835 of title 10, United States Code, are
repealed.
(2)(A) The table of sections at the beginning of chapter
453 of such title is amended by striking the item relating
to section 4835.
223
(B) The table of sections at the beginning of chapter
953 of such title is amended by striking the item relating
to section 9835.
SEC. 1004. ACCOUNTABLE OFFICIALS IN THE DEPARTMENT
OF DEFENSE.
(a) ACCOUNTABLE OFFICIALS WITHIN THE DEPART-
MENT OF DEFENSE.—Chapter 165 of title 10, United States
Code, is amended by inserting after section 2773 the fol-
lowing new section:
‘‘§ 2773a. Departmental accountable officials
‘‘(a) DESIGNATION.—(1) The Secretary of Defense may
designate as a ‘departmental accountable official’ any civil-
ian employee of the Department of Defense or member of
the armed forces under the Secretary’s jurisdiction who is
described in paragraph (2). Any such designation shall be
in writing.
‘‘(2) An employee or member of the armed forces de-
scribed in this paragraph is an employee or member who
is responsible in the performance of the employee’s or mem-
ber’s duties for providing to a certifying official of the De-
partment of Defense information, data, or services that are
directly relied upon by the certifying official in the certifi-
cation of vouchers for payment.
‘‘(b) PECUNIARY LIABILITY.—(1) The Secretary of De-
fense may impose pecuniary liability on a departmental
224
accountable official to the extent that an illegal, improper,
or incorrect payment results from the information, data,
or services that that official provides to a certifying official
and upon which the certifying official directly relies in cer-
tifying the voucher supporting that payment.
‘‘(2) The pecuniary liability of a departmental ac-
countable official under this subsection for such an illegal,
improper, or incorrect payment is joint and several with
that of any other officials who are pecuniarily liable for
such payment.
‘‘(c) RELIEF FROM LIABILITY.—The Secretary of De-
fense shall relieve a departmental accountable official from
liability under subsection (b) if the Secretary determines
that the illegal, improper, or incorrect payment was not
the result of fault or negligence by that official.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2773 the following new item:
‘‘2773a. Departmental accountable officials.’’.
SEC. 1005. IMPROVEMENTS IN PURCHASE CARD MANAGE-
MENT.
(a) IN GENERAL.—Section 2784 of title 10, United
States Code, is amended to read as follows:
‘‘§ 2784. Management of purchase cards
‘‘(a) MANAGEMENT OF PURCHASE CARDS.—The Sec-
retary of Defense, acting through the Under Secretary of
225
Defense (Comptroller), shall prescribe regulations governing
the use and control of all purchase cards and convenience
checks that are issued to Department of Defense personnel
for official use. Those regulations shall be consistent with
regulations that apply Government-wide regarding use of
purchase cards by Government personnel for official pur-
poses.
‘‘(b) REQUIRED SAFEGUARDS AND INTERNAL CON-
TROLS.—Regulations under subsection (a) shall include
safeguards and internal controls to ensure the following:
‘‘(1) That there is a record in the Department of
Defense of each holder of a purchase card issued by
the Department of Defense for official use, annotated
with the limitations on amounts that are applicable
to the use of each such card by that purchase card
holder.
‘‘(2) That the holder of a purchase card and each
official with authority to authorize expenditures
charged to the purchase card are responsible for—
‘‘(A) reconciling the charges appearing on
each statement of account for that purchase card
with receipts and other supporting documenta-
tion; and
226
‘‘(B) forwarding that statement after being
so reconciled to the designated disbursing office
in a timely manner.
‘‘(3) That any disputed purchase card charge,
and any discrepancy between a receipt and other sup-
porting documentation and the purchase card state-
ment of account, is resolved in the manner prescribed
in the applicable Government-wide purchase card
contract entered into by the Administrator of General
Services.
‘‘(4) That payments on purchase card accounts
are made promptly within prescribed deadlines to
avoid interest penalties.
‘‘(5) That rebates and refunds based on prompt
payment on purchase card accounts are properly re-
corded.
‘‘(6) That records of each purchase card trans-
action (including records on associated contracts, re-
ports, accounts, and invoices) are retained in accord-
ance with standard Government policies on the dis-
position of records.
‘‘(7) That an annual review is performed of the
use of purchase cards issued by the Department of De-
fense to determine whether each purchase card holder
has a need for the purchase card.
227
‘‘(8) That the Inspectors General of the Depart-
ment of Defense and the military services perform
periodic audits with respect to the use of purchase
cards issued by the Department of Defense to ensure
that such use is in compliance with regulations.
‘‘(9) That appropriate annual training is pro-
vided to each purchase card holder and each official
with responsibility for overseeing the use of purchase
cards issued by the Department of Defense.
‘‘(c) PENALTIES
FOR VIOLATIONS.—The Secretary
shall provide in the regulations prescribed under subsection
(a)—
‘‘(1) that procedures are implemented providing
for appropriate punishment of employees of the De-
partment of Defense for violations of such regulations
and for negligence, misuse, abuse, or fraud with re-
spect to a purchase card, including dismissal in ap-
propriate cases; and
‘‘(2) that a violation of such regulations by a
person subject to chapter 47 of this title (the Uniform
Code of Military Justice) is punishable as a violation
of section 892 of this title (article 92 of the Uniform
Code of Military Justice).’’.
228
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 2784 in the table of sections at the beginning of chapter
165 of such title is amended to read as follows:
‘‘2784. Management of purchase cards.’’.
SEC. 1006. AUTHORITY TO TRANSFER FUNDS WITHIN A
MAJOR ACQUISITION PROGRAM FROM PRO-
CUREMENT TO RDT&E.
(a) PROGRAM FLEXIBILITY.—(1) Chapter 131 of title
10, United States Code, is amended by inserting after sec-
tion 2214 the following new section:
‘‘§ 2214a. Transfer of funds: transfers from procure-
ment accounts to research and develop-
ment accounts for major acquisition pro-
grams
‘‘(a) TRANSFER AUTHORITY WITHIN MAJOR PRO-
GRAMS.—Subject to subsection (b), the Secretary of Defense
may transfer amounts provided in an appropriation Act
for procurement for a covered acquisition program to
amounts provided in the same appropriation Act for re-
search, development, test, and evaluation for that program.
‘‘(b) CONGRESSIONAL NOTICE-AND-WAIT.—A transfer
may be made under this section only after—
‘‘(1) the Secretary submits to the congressional
defense committees notice in writing of the Secretary’s
intent to make such transfer, together with the Sec-
retary’s justification for the transfer; and
229
‘‘(2) a period of 30 days has elapsed following
the date of such notification.
‘‘(c) LIMITATIONS.—From amounts appropriated for
the Department of Defense for any fiscal year for
procurement—
‘‘(1) the total amount transferred under this sec-
tion may not exceed $250,000,000; and
‘‘(2) the total amount so transferred for any ac-
quisition program may not exceed $20,000,000.
‘‘(d) COVERED ACQUISITION PROGRAMS.—In this sec-
tion, the term ‘covered acquisition program’ means an ac-
quisition program of the Department of Defense that is—
‘‘(A) a major defense acquisition program for
purposes of chapter 144 of this title; or
‘‘(B) any other acquisition program of the De-
partment of Defense—
‘‘(i) that is designated by the Secretary of
Defense as a covered acquisition program for
purposes of this section; or
‘‘(ii) that is estimated by the Secretary of
Defense to require an eventual total expenditure
for research, development, test, and evaluation of
more than $140,000,000 (based on fiscal year
2000 constant dollars) or an eventual total ex-
penditure 
for 
procurement 
of 
more 
than
230
$660,000,000 (based on fiscal year 2000 constant
dollars.)
‘‘(e) TRANSFER BACK
OF UNUSED TRANSFERRED
FUNDS.—If funds transferred under this section are not
used for the purposes for which transferred, such funds shall
be transferred back to the account from which transferred
and shall be available for their original purpose.
‘‘(f) ADDITIONAL AUTHORITY.—The transfer authority
provided in this section is in addition to any other transfer
authority available to the Secretary of Defense.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2214 the following new item:
‘‘2214a. Transfer of funds: transfers from procurement accounts to research and
development accounts for major acquisition programs.’’.
(b) EFFECTIVE DATE.—Section 2214a of title 10,
United States Code, as added by subsection (a), shall not
apply with respect to funds appropriated before the date
of the enactment of this Act.
SEC. 1007. DEVELOPMENT AND PROCUREMENT OF FINAN-
CIAL AND NONFINANCIAL MANAGEMENT SYS-
TEMS.
(a) REPORT.—Not later than March 1, 2003, the Sec-
retary of Defense shall submit to the congressional defense
committees a report on the modernization of the Depart-
231
ment of Defense’s financial management systems and oper-
ations. The report shall include the following:
(1) The goals and objectives of the Financial
Management Modernization Program.
(2) The acquisition strategy for that Program,
including milestones, performance metrics, and finan-
cial and nonfinancial resource needs.
(3) A listing of all operational and develop-
mental financial and nonfinancial management sys-
tems in use by the Department, the related costs to
operate and maintain those systems during fiscal
year 2002, and the estimated cost to operate and
maintain those systems during fiscal year 2003.
(4) An estimate of the completion date of a tran-
sition plan that will identify which of the Depart-
ment’s operational and developmental financial man-
agement systems will not be part of the objective fi-
nancial and nonfinancial management system and
that provides the schedule for phase out of those legacy
systems.
(b) LIMITATIONS.—(1) A contract described in sub-
section (c) may be entered into using funds made available
to the Department of Defense for fiscal year 2003 only with
the approval in advance in writing of the Under Secretary
of Defense (Comptroller).
232
(2) Not more than 75 percent of the funds authorized
to be appropriated in section 201(4) for research, develop-
ment, test, and evaluation for the Department of Defense
Financial Modernization Program (Program Element
65016D8Z) may be obligated until the report required by
subsection (a) is received by the congressional defense com-
mittees.
(c) COVERED CONTRACTS.—Subsection (b)(1) applies
to a contract for the procurement of any of the following:
(1) An enterprise architecture system.
(2) A finance or accounting system.
(3) A nonfinancial business and feeder system.
(4) An upgrade to any system specified in para-
graphs (1) through (3).
(d) DEFINITIONS.—As used in this section:
(1) FINANCIAL MANAGEMENT SYSTEM AND OPER-
ATIONS.—The term ‘‘financial management system
and operations’’ means financial, financial related,
and non-financial business operations and systems
used for acquisition programs, transportation, travel,
property, inventory, supply, medical, budget formula-
tion, financial reporting, and accounting. Such term
includes the automated and manual processes, proce-
dures, controls, data, hardware, software, and support
233
personnel dedicated to the operations and mainte-
nance of system functions.
(2) FEEDER SYSTEMS.—The term ‘‘feeder sys-
tems’’ means financial portions of mixed systems.
(3) DEVELOPMENTAL SYSTEMS AND PROJECTS.—
The term ‘‘developmental systems and projects’’ means
any system that has not reached Milestone C, as de-
fined in the Department of Defense 5000–series regu-
lations.
Subtitle B—Reports
SEC. 1011. AFTER-ACTION REPORTS ON THE CONDUCT OF
MILITARY OPERATIONS CONDUCTED AS PART
OF OPERATION ENDURING FREEDOM.
(a) REPORT REQUIRED.—(1) The Secretary of Defense
shall submit to the congressional committees specified in
subsection (c) two reports on the conduct of military oper-
ations conducted as part of Operation Enduring Freedom.
The first report (which shall be an interim report) shall
be submitted not later than June 15, 2003. The second re-
port shall be submitted not later than 180 days after the
date (as determined by the Secretary of Defense) of the ces-
sation of hostilities undertaken as part of Operation Endur-
ing Freedom.
(2) Each report shall be prepared in consultation with
the Chairman of the Joint Chiefs of Staff, the commander-
234
in-chief of the United States Central Command, and the
Director of Central Intelligence.
(3) Each report shall be submitted in both a classified
form and an unclassified form.
(b) MATTERS TO BE INCLUDED.—Each report shall
contain a discussion of accomplishments and shortcomings
of the overall military operation. The report shall specifi-
cally include the following:
(1) A discussion of the command, control, coordi-
nation, and support relationship between United
States Special Operations Forces and Central Intel-
ligence Agency elements participating in Operation
Enduring Freedom and any lessons learned from the
joint conduct of operations by those forces and ele-
ments.
(2) Recommendations to improve operational
readiness and effectiveness.
(c) CONGRESSIONAL COMMITTEES.—The committees
referred to in subsection (a)(1) are the following:
(1) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the
House of Representatives.
235
SEC. 1012. REPORT ON BIOLOGICAL WEAPONS DEFENSE
AND COUNTER-PROLIFERATION.
(a) REPORT REQUIRED.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a
report—
(1) describing programs and initiatives to halt,
counter, and defend against the development, produc-
tion, and proliferation of biological weapons agents,
technology, and expertise to terrorist organizations
and other States; and
(2) including a detailed list of the limitations
and impediments to the biological weapons defense,
nonproliferation, and counterproliferation efforts of
the Department of Defense, and recommendations to
remove such impediments and to make such efforts
more effective.
(b) CLASSIFICATION.—The report may be submitted in
unclassified or classified form as necessary.
SEC. 1013. REQUIREMENT THAT DEPARTMENT OF DEFENSE
REPORTS TO CONGRESS BE ACCOMPANIED
BY ELECTRONIC VERSION.
Section 480(a) of title 10, United States Code, is
amended by striking ‘‘shall, upon request’’ and all that fol-
236
lows through ‘‘(or each’’ and inserting ‘‘shall provide to
Congress (or’’.
SEC. 1014. STRATEGIC FORCE STRUCTURE PLAN FOR NU-
CLEAR WEAPONS AND DELIVERY SYSTEMS.
(a) PLAN REQUIRED.—The Secretary of Defense and
the Secretary of Energy shall jointly prepare a plan for
the United States strategic force structure for nuclear weap-
ons and nuclear weapons delivery systems for the period
of fiscal years from 2002 through 2012. The plan shall—
(1) delineate a baseline strategic force structure
for such weapons and systems over such period con-
sistent with the Nuclear Posture Review dated Janu-
ary 2002;
(2) define sufficient force structure, force mod-
ernization and life extension plans, infrastructure,
and other elements of the defense program of the
United States associated with such weapons and sys-
tems that would be required to execute successfully the
full range of missions called for in the national de-
fense strategy delineated in the Quadrennial Defense
Review dated September 30, 2001, under section 118
of title 10, United States Code; and
(3) identify the budget plan that would be re-
quired to provide sufficient resources to execute suc-
237
cessfully the full range of missions using such force
structure called for in that national defense strategy.
(b) REPORT.—(1) The Secretary of Defense and the
Secretary of Energy shall submit a report on the plan to
the congressional defense committees. Except as provided in
paragraph (2), the report shall be submitted not later than
January 1, 2003.
(2) If before January 1, 2003, the President submits
to Congress the President’s certification that it is in the
national security interest of the United States that such re-
port be submitted on a later date (to be specified by the
President in the certification), such report shall be sub-
mitted not later than such later date.
(c) REPORT ON OPTIONS FOR ACHIEVING, PRIOR TO
FISCAL YEAR 2012, PRESIDENT’S OBJECTIVE FOR OPER-
ATIONALLY DEPLOYED NUCLEAR WARHEADS.—Not later
than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall submit to Congress a report
on options for achieving, prior to fiscal year 2012, a posture
under which the United States maintains a number of oper-
ationally deployed nuclear warheads at a level of from
1,700 to 2,200 such warheads, as outlined in the Nuclear
Posture Review. The report shall include the following:
238
(1) For each of fiscal years 2006, 2008, and
2010, an assessment of the options for achieving such
posture as of such fiscal year.
(2) An assessment of the effects of achieving such
posture prior to fiscal year 2012 on cost, the dis-
mantlement workforce, and any other affected matter.
SEC. 1015. REPORT ON ESTABLISHMENT OF A JOINT NA-
TIONAL TRAINING COMPLEX AND JOINT OP-
POSING FORCES.
(a) REPORT REQUIRED.—Not later than six months
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a report that outlines a plan to
develop and implement a joint national training complex.
Such a complex may include multiple joint training sites
and mobile training ranges and appropriate joint opposing
forces and shall be capable of supporting field exercises and
experimentation at the operational level of war across a
broad spectrum of adversary capabilities.
(b) MATTERS TO BE INCLUDED.—The report under
subsection (a) shall include the following:
(1) An identification and description of the types
of joint training and experimentation that would be
conducted at such a joint national training complex,
239
together with a description of how such training and
experimentation would enhance accomplishment of the
six critical operational goals for the Department of
Defense specified at page 30 of the Quadrennial De-
fense Review Report of the Secretary of Defense issued
on September 30, 2001.
(2) A discussion of how establishment of such a
complex (including joint opposing forces) would pro-
mote innovation and transformation throughout the
Department of Defense.
(3) A discussion of how results from training
and experiments conducted at such a complex would
be taken into consideration in the Department of De-
fense plans, programs, and budgeting process and by
appropriate decision making bodies within the De-
partment of Defense.
(4) A methodology, framework, and options for
selecting sites for such a complex, including consider-
ation of current training facilities that would accom-
modate requirements among all the Armed Forces.
(5) Options for development as part of such a
complex of a joint urban warfare training center that
could also be used for homeland defense and con-
sequence management training for Federal, State, and
local training.
240
(6) Cost estimates and resource requirements to
establish and maintain such a complex, including es-
timates of costs and resource requirements for the use
of contract personnel for the performance of manage-
ment, operational, and logistics activities for such a
complex .
(7) An explanation of the relationship between
and among such a complex and the Department of
Defense Office of Transformation, the Joint Staff, the
United States Joint Forces Command, the United
States Northern Command, and each element of the
major commands within the separate Armed Forces
with responsibility for experimentation and training.
(8) A discussion of how implementation of a
joint opposing force would be established, including
the feasibility of using qualified contractors for the
function of establishing and maintaining joint oppos-
ing forces and the role of foreign forces.
(9) Submission of a time line to establish such
a center and for such a center to achieve initial oper-
ational capability and full operational capability.
SEC. 1016. REPEAL OF VARIOUS REPORTS REQUIRED OF
THE DEPARTMENT OF DEFENSE.
(a) PROVISIONS OF TITLE 10.—Title 10, United States
Code, is amended as follows:
241
(1)(A) Section 230 is repealed.
(B) The table of sections at the beginning of
chapter 9 is amended by striking the item relating to
section 230.
(2) Section 526 is amended by striking sub-
section (c).
(3) Section 721(d) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ before ‘‘If an officer’’.
(4) Section 986 is amended by striking sub-
section (e).
(5) Section 1095(g) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ after ‘‘(g)’’.
(6) Section 1798 is amended by striking sub-
section (d).
(7) Section 1799 is amended by striking sub-
section (d).
(8) Section 2010 is amended by striking sub-
section (b).
(9) Section 2327(c)(1) is amended—
(A) in subparagraph (A), by striking ‘‘after
the date on which such head of an agency sub-
mits to Congress a report on the contract’’ and
242
inserting ‘‘if in the best interests of the Govern-
ment’’; and
(B) by striking subparagraph (B).
(10) Section 2350f is amended by striking sub-
section (c).
(11) Section 2350k is amended by striking sub-
section (d).
(12) Section 2492 is amended by striking sub-
section (c).
(13) Section 2493 is amended by striking sub-
section (g).
(14) Section 2563(c)(2) is amended by striking
‘‘and notifies Congress regarding the reasons for the
waiver’’.
(15) Section 2611 is amended by striking sub-
section (e).
(16) Sections 4357, 6975, and 9356 are each
amended—
(A) by striking subsection (c); and
(B) in subsection (a), by striking ‘‘Subject
to subsection (c), the Secretary’’ and inserting
‘‘The Secretary’’.
(17) Section 4416 is amended by striking sub-
section (f).
(18) Section 5721(f) is amended—
243
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ after the subsection
heading.
(19) Section 12302 is amended—
(A) in subsection (b), by striking the last
sentence; and
(B) by striking subsection (d).
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 1995.—Section 553(b) of the National De-
fense Authorization Act for Fiscal Year 1995 (Public Law
103–337; 108 Stat. 2772; 10 U.S.C. 4331 note) is amended
by striking the last sentence.
SEC. 1017. REPORT ON THE ROLE OF THE DEPARTMENT OF
DEFENSE IN SUPPORTING HOMELAND SECU-
RITY.
(a) REPORT REQUIRED.—Not later than December 31,
2002, the Secretary of Defense shall submit to the congres-
sional defense committees a report on Department of De-
fense responsibilities, mission, and plans for military sup-
port of homeland security.
(b) CONTENT OF REPORT.—The report shall include,
but not be limited to, a discussion of the following:
(1) Changes in organization regarding the roles,
mission, and responsibilities carried out by the De-
partment of Defense to support its homeland security
244
mission and the reasons for those changes based upon
the findings of the study and report required by sec-
tion 1511 of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107–107; 115 Stat.
1271).
(2) Changes in the roles, missions, and respon-
sibilities of the Department of the Army, the Depart-
ment of the Navy, and the Department of the Air
Force with respect to homeland security and the rea-
sons for such changes.
(3) Changes in the roles, missions, and respon-
sibilities of unified commands with homeland security
missions and the reasons for such changes.
(4) Changes in the roles, missions, and respon-
sibilities of the United States Joint Forces Command
and the United States Northern Command in ex-
panded homeland security training and experimen-
tation involving the Department of Defense and other
Federal, State, and local entities, and the reasons for
such changes.
(5) Changes in the roles, missions, and respon-
sibilities of the Army National Guard and the Air
National Guard in the homeland security mission of
the Department of Defense, and the reasons for such
changes.
245
(6) The status of the unconventional nuclear
warfare defense test bed program established in re-
sponse to title IX of the Department of Defense Ap-
propriations Act, 2002 (division A of Public Law
107–117; 115 Stat. 2289), including the plan and
program for establishing such test beds.
(7) The plans and status of the Department of
Defense homeland security biological defense program,
including the plans and status of—
(A) the biological counter terrorism research
program;
(B) the biological defense homeland security
support program;
(C) pilot programs for establishing biologi-
cal defense test beds on Department of Defense
installations and in selected urban areas of the
United States;
(D) programs for expanding the capacity of
the Department of Defense to meet increased de-
mand for vaccines against biological agents; and
(E) any plans to coordinate Department of
Defense work in biological defense programs with
other Federal, State, and local programs.
(8) Recommendations for legislative changes that
may be required to execute the roles and missions set
246
forth in Department of Defense homeland security
plans.
SEC. 1018. REPORT ON EFFECTS OF NUCLEAR EARTH PENE-
TRATOR WEAPONS AND OTHER WEAPONS.
(a) NAS STUDY.—The Secretary of Defense shall re-
quest the National Academy of Sciences to conduct a study
and prepare a report on the anticipated short-term and
long-term effects of the use of a nuclear earth penetrator
weapon on the target area, including the effects on civilian
populations in proximity to the target area and on United
States military personnel performing operations and battle
damage assessments in the target area, and the anticipated
short-term and long-term effects on the civilian population
in proximity to the target area if—
(1) a non-penetrating nuclear weapon is used to
destroy hard or deeply-buried targets; or
(2) a conventional high-explosive weapon is used
to destroy an adversary’s weapons of mass destruction
storage or production facilities, and radioactive, nu-
clear, biological, or chemical weapons materials,
agents, or other contaminants are released or spread
into populated areas.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
Congress the report under subsection (a), together with any
247
comments the Secretary may consider appropriate on the
report. The report shall be submitted in unclassified form
to the maximum extent possible, with a classified annex if
needed.
SEC. 1019. REPORT ON EFFECTS OF NUCLEAR-TIPPED BAL-
LISTIC MISSILE INTERCEPTORS AND NU-
CLEAR MISSILES NOT INTERCEPTED.
(a) NAS STUDY.—The Secretary of Defense shall re-
quest the National Academy of Sciences to conduct a study
and prepare a report on the anticipated short-term and
long-term effects of the use of a nuclear-tipped ballistic mis-
sile interceptor, including the effects on civilian populations
and on United States military personnel in proximity to
the target area, and the immediate, short-term, and long-
term effects on the civilian population of a major city of
the United States, and the Nation as a whole, if a ballistic
missile carrying a nuclear weapon is not intercepted and
detonates directly above a major city of the United States.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
Congress the report under subsection (a), together with any
comments the Secretary may consider appropriate on the
report. The report shall be submitted in unclassified form
to the maximum extent possible, with a classified annex if
needed.
248
SEC. 1020. LIMITATION ON DURATION OF FUTURE DEPART-
MENT OF DEFENSE REPORTING REQUIRE-
MENTS.
(a) IN GENERAL.—Chapter 23 of title 10, United
States Code, is amended by inserting after section 480 the
following new section:
‘‘§ 480a. Recurring reporting requirements: five-year
limitation
‘‘(a) FIVE-YEAR SUNSET.—Any recurring congres-
sional defense reporting requirement that is established by
a provision of law enacted on or after the date of the enact-
ment of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (including a provision of law enacted
as part of that Act) shall cease to be effective, with respect
to that requirement, at the end of the five-year period begin-
ning on the date on which such provision is enacted, except
as otherwise provided by law.
‘‘(b) RULE OF CONSTRUCTION.—A provision of law en-
acted after the date of the enactment of this section may
not be considered to supersede the provisions of subsection
(a) unless that provision specifically refers to subsection (a)
and specifically states that it supersedes subsection (a).
‘‘(c) RECURRING CONGRESSIONAL DEFENSE REPORT-
ING REQUIREMENTS.—In this section, the term ‘recurring
defense congressional reporting requirement’ means a re-
quirement by law for the submission of an annual, semi-
249
annual, or other regular periodic report to Congress, or one
or more committees of Congress, that applies only to the
Department of Defense or to one or more officers of the De-
partment of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 480 the following new item:
‘‘480a. Recurring reporting requirements: five-year limitation.’’.
Subtitle C—Other Matters
SEC. 1021. SENSE OF CONGRESS ON MAINTENANCE OF A
RELIABLE, FLEXIBLE, AND ROBUST STRA-
TEGIC DETERRENT.
It is the sense of Congress that, consistent with the na-
tional defense strategy delineated in the Quadrennial De-
fense Review dated September 30, 2001 (as submitted under
section 118 of title 10, United States Code), the Nuclear
Posture Review dated January 2002, and the global stra-
tegic environment, the President should, to defend the Na-
tion, deter aggressors and potential adversaries, assure
friends and allies, defeat enemies, dissuade competitors, ad-
vance the foreign policy goals and vital interests of the
United States, and generally ensure the national security
of the United States, take the following actions:
(1) Maintain an operationally deployed strategic
force of not less than 1,700 nuclear weapons for im-
mediate and unexpected contingencies.
250
(2) Maintain a responsive force of non-deployed
nuclear weapons for potential contingencies at readi-
ness and numerical levels determined to be—
(A) essential to the execution of the Single
Integrated Operational Plan; or
(B) necessary to maintain strategic flexi-
bility and capability in accordance with the
findings and conclusions of such Nuclear Posture
Review.
(3) Develop advanced conventional weapons, and
nuclear weapons, capable of destroying—
(A) hard and deeply buried targets; and
(B) enemy weapons of mass destruction and
the development and production facilities of such
enemy weapons.
(4) Develop a plan to achieve and maintain the
capability to resume conducting underground tests of
nuclear weapons within one year after a decision is
made to resume conducting such tests, so as to have
the means to maintain robust and adaptive strategic
forces through a ready, responsive, and capable nu-
clear infrastructure, as prescribed in such Nuclear
Posture Review.
(5) Develop a plan to revitalize the Nation’s nu-
clear weapons industry and infrastructure so as to fa-
252
‘‘(3) Any other matter that is proposed by the
Secretary of Defense to be enacted as part of the an-
nual defense authorization bill for that fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 113 the following new item:
‘‘113a. Transmission of annual defense authorization request.’’.
SEC. 1023. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10,
United States Code, is amended as follows:
(1) Section 153 is amended by inserting ‘‘(a)
PLANNING; ADVICE; POLICY FORMULATION.—’’ at the
beginning of the text.
(2) Section 663(e)(2) is amended by striking
‘‘Armed Forces Staff College’’ and inserting ‘‘Joint
Forces Staff College’’.
(3) Section 2399(a)(2) is amended—
(A) in the matter preceding subparagraph
(A), by striking ‘‘means—’’ and inserting
‘‘means 
a 
conventional 
weapons 
system
that—’’; and
(B) in subparagraph (A), by striking ‘‘a
conventional weapons system that’’.
(4)(A) Section 2410h is transferred to the end of
subchapter IV of chapter 87 and is redesignated as
section 1747.
253
(B) The item relating to that section in the table
of sections at the beginning of chapter 141 is trans-
ferred to the end of the table of sections at the begin-
ning of subchapter IV of chapter 87 and is amended
to reflect the redesignation made by subparagraph
(A).
(5) Section 2677 is amended by striking sub-
section (c).
(6) Section 2680(e) is amended by striking ‘‘the’’
after ‘‘the Committee on’’ the first place it appears.
(7) Section 2815(b) is amended by striking ‘‘for
fiscal year 2003 and each fiscal year thereafter’’ and
inserting ‘‘for any fiscal year’’.
(8) Section 2828(b)(2) is amended by inserting
‘‘time’’ after ‘‘from time to’’.
(b) TITLE 37, UNITED STATES CODE.—Title 37,
United States Code, is amended as follows:
(1) Section 302j(a) is amended by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (d)’’.
(2) Section 324(b) is amended by striking ‘‘(1)’’
before ‘‘The Secretary’’.
(c) PUBLIC LAW 107–107.—Effective as of December
28, 2001, and as if included therein as enacted, the Na-
tional Defense Authorization Act for Fiscal Year 2002 (Pub-
lic Law 107–107) is amended as follows:
254
(1) Section 602(a)(2) (115 Stat. 1132) is amend-
ed by striking ‘‘an’’ in the first quoted matter.
(2) Section 1410(a)(3)(C) (115 Stat. 1266) by
inserting ‘‘both places it appears’’ before ‘‘and insert-
ing’’.
(3) Section 3007(d)(1)(C) (115 Stat. 1352) is
amended by striking ‘‘2905(b)(7)(B)(iv)’’ and insert-
ing ‘‘2905(b)(7)(C)(iv)’’.
(d) PUBLIC LAW 106–398.—Effective as of October 30,
2000, and as if included therein as enacted, the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398) is
amended as follows:
(1) Section 577(b)(2) (114 Stat. 1654A–140) is
amended by striking ‘‘Federal’’ in the quoted matter
and inserting ‘‘Department of Defense’’.
(2) Section 612(c)(4)(B) (114 Stat. 1654A–150)
is amended by striking the comma at the end of the
first quoted matter.
(e) PUBLIC LAW 106–65.—The National Defense Au-
thorization Act for Fiscal Year 2000 (Public Law 106–65)
is amended as follows:
(1) Section 573(b) (10 U.S.C. 513 note) is
amended by inserting a period at the end of para-
graph (2).
255
(2) Section 1305(6) (22 U.S.C. 5952 note) is
amended by striking the first period after ‘‘facility’’.
(f) TITLE 14, UNITED STATES CODE.—Section 516(c)
of title 14, United States Code, is amended by striking ‘‘his
section’’ and inserting ‘‘this section’’.
SEC. 1024. WAR RISK INSURANCE FOR VESSELS IN SUPPORT
OF NATO-APPROVED OPERATIONS.
Section 1205 of the Merchant Marine Act, 1936 (46
App. U.S.C. 1285) is amended by adding at the end the
following:
‘‘(c) INSURANCE OF VESSELS IN SUPPORT OF NATO-
APPROVED OPERATIONS.—(1) Upon request made under
subsection (b), the Secretary may provide insurance for a
vessel, regardless of the country in which the vessel is reg-
istered and the citizenship of its owners, that is supporting
a military operation approved by the North Atlantic Coun-
cil, including a vessel that is not operating under contract
with a department or agency of the United States.
‘‘(2) If a vessel is insured under paragraph (1) in re-
sponse to a request made pursuant to an international
agreement providing for the sharing among nations of the
risks involved in mutual or joint operations, the Secretary
of Transportation, with the concurrence of the Secretary of
State, may seek from another nation that is a party to such
agreement a commitment to indemnify the United States
256
for any amounts paid by the United States for claims
against such insurance.
‘‘(3) Amounts received by the United States as indem-
nity from a nation pursuant to paragraph (2) shall be de-
posited into the insurance fund created under section 1208.
‘‘(4) Any obligation of a department or agency of the
United States to indemnify the Secretary or the insurance
fund for any claim against insurance provided under this
subsection is extinguished to the extent of any indemnifica-
tion received from a nation pursuant to paragraph (2) with
respect to the claim.’’.
SEC. 1025. CONVEYANCE, NAVY DRYDOCK, PORTLAND, OR-
EGON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may sell Navy Drydock No. YFD-69, located in Port-
land, Oregon, to Portland Shipyard, LLC, which is the cur-
rent user of the drydock.
(b) CONDITION
OF CONVEYANCE.—The conveyance
under subsection (a) shall be subject to the condition that
the purchaser agree to retain the drydock on Swan Island
in Portland, Oregon, until at least September 30, 2007.
(c) CONSIDERATION.—As consideration for the convey-
ance of the drydock under subsection (a), the purchaser shall
pay to the Secretary an amount equal to the fair market
257
value of the drydock at the time of the conveyance, as deter-
mined by the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
SEC. 1026. ADDITIONAL WEAPONS OF MASS DESTRUCTION
CIVIL SUPPORT TEAMS.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that the Secretary of Defense should—
(1) establish 23 additional teams designated as
Weapons of Mass Destruction Civil Support Teams
(for a total of 55 such teams); and
(2) ensure that of such 55 teams there is at least
one team established for each State and territory.
(b) STATE AND TERRITORY DEFINED.—In this section,
the term ‘‘State and territory’’ means the several States,
the District of Columbia, Puerto Rico, Guam, and the Vir-
gin Islands.
258
SEC. 1027. USE FOR LAW ENFORCEMENT PURPOSES OF DNA
SAMPLES MAINTAINED BY DEPARTMENT OF
DEFENSE FOR IDENTIFICATION OF HUMAN
REMAINS.
(a) IN GENERAL.—Chapter 80 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1566. DNA samples maintained for identification of
human remains: use for law enforcement
purposes
‘‘(a) COMPLIANCE WITH COURT ORDER.—(1) Subject
to paragraph (2), if a valid order of a Federal court (or
military judge) so requires, an element of the Department
of Defense that maintains a repository of DNA samples for
the purpose of identification of human remains shall make
available, for the purpose specified in subsection (b), such
DNA samples on such terms and conditions as such court
(or military judge) directs.
‘‘(2) A DNA sample with respect to an individual shall
be provided under paragraph (1) in a manner that does
not compromise the ability of the Department of Defense
to maintain a sample with respect to that individual for
the purpose of identification of human remains.
‘‘(b) COVERED PURPOSE.—The purpose referred to in
subsection (a) is the purpose of an investigation or prosecu-
259
tion of a felony, or any sexual offense, for which no other
source of DNA information is available.
‘‘(c) DEFINITION.—In this section, the term ‘DNA
sample’ has the meaning given such term in section 1565(c)
of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘1566. DNA samples maintained for identification of human remains: use for law
enforcement purposes.’’.
SEC. 1028. SENSE OF CONGRESS CONCERNING AIRCRAFT
CARRIER FORCE STRUCTURE.
(a) FINDINGS.—Congress makes the following findings:
(1) The aircraft carrier has been an integral
component in Operation Enduring Freedom and in
the homeland defense mission beginning on September
11, 2001. The aircraft carriers that have participated
in Operation Enduring Freedom, as of May 1, 2002,
are the USS Enterprise (CVN–65), the USS Carl
Vinson (CVN–70), the USS Kitty Hawk (CV–63), the
USS Theodore Roosevelt (CVN–71), the USS John C.
Stennis (CVN–74), and the USS John F. Kennedy
(CV–67). The aircraft carriers that have participated
in the homeland defense mission are the USS George
Washington (CVN–73), the USS John F. Kennedy
(CV–67), and the USS John C. Stennis (CVN–74).
260
(2) Since 1945, the United States has built 172
bases overseas, of which only 24 are currently in use.
(3) The aircraft carrier provides an independent
base of operations should no land base be available for
aircraft.
(4) The aircraft carrier is an essential compo-
nent of the Navy.
(5) Both the F/A–18E/F aircraft program and
the Joint Strike Fighter aircraft program are pro-
ceeding on schedule for deployment on aircraft car-
riers.
(6) As established by the Navy, the United States
requires the service of 15 aircraft carriers to com-
pletely fulfill all the naval commitments assigned to
it without gapping carrier presence.
(7) The Navy requires, at a minimum, at least
12 carriers to accomplish its current missions.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the number of aircraft carriers of the Navy in active
service should not be less than 12.
(c) COMMENDATION OF CREWS.—Congress hereby com-
mends the crews of the aircraft carriers that have partici-
pated in Operation Enduring Freedom and the homeland
defense mission.
261
SEC. 1029. ENHANCED AUTHORITY TO OBTAIN FOREIGN
LANGUAGE SERVICES DURING PERIODS OF
EMERGENCY.
(a) NATIONAL FOREIGN LANGUAGE SKILLS REG-
ISTRY.—(1) The Secretary of Defense may establish and
maintain a secure data registry to be known as the ‘‘Na-
tional Foreign Language Skills Registry’’. The data reg-
istry shall consist of the names of, and other pertinent infor-
mation on, linguistically qualified United States citizens
and permanent resident aliens who state that they are will-
ing to provide linguistic services in times of emergency des-
ignated by the Secretary of Defense to assist the Department
of Defense and other Departments and agencies of the
United States with translation and interpretation in lan-
guages designated by the Secretary of Defense as critical
languages.
(2) The name of a person may be included in the Reg-
istry only if the person expressly agrees for the person’s
name to be included in the Registry. Any such agreement
shall be made in such form and manner as may be specified
by the Secretary.
(b) AUTHORITY TO ACCEPT VOLUNTARY TRANSLATION
AND INTERPRETATION SERVICES.—Section 1588(a) of title
10, United States Code, is amended by adding at the end
the following new paragraph:
262
‘‘(6) Language translation and interpretation
services.’’.
SEC. 1030. SURFACE COMBATANT INDUSTRIAL BASE.
(a) REVIEW.—The Secretary of Defense shall conduct
a review of the effect of the contract award announced on
April 29, 2002, for the lead design agent for the DD(X)
ship program on the industrial base for ship combat system
development, including the industrial base for each of the
following: ship systems integration, radar, electronic war-
fare, launch systems, and other components.
(b) REPORT REQUIRED.—Not later than March 31,
2003, the Secretary shall submit to the congressional defense
committees a report based on the review under subsection
(a). The report shall provide the Secretary’s assessment of
the effect of that contract award on the ship combat system
technology and industrial base and shall describe any ac-
tions that the Secretary proposes to ensure future competi-
tion across the array of technologies that encompass the
combat systems of future surface ships, including the next
generation cruiser (CG(X)), the littoral combat ship (LCS),
and the joint command ship (JCC(X)).
263
SEC. 1031. ENHANCED COOPERATION BETWEEN UNITED
STATES AND RUSSIAN FEDERATION TO PRO-
MOTE MUTUAL SECURITY.
(a) STATEMENT OF POLICY.—It is the policy of the
United States to pursue greater cooperation, transparency,
and confidence with the Russian Federation regarding nu-
clear weapons policy, force structure, safeguards, testing,
and proliferation prevention, as well as nuclear weapons
infrastructure, production, and dismantlement, so as to
promote mutual security, stability, and trust.
(b) SENSE OF CONGRESS REGARDING ENHANCED CO-
OPERATION WITH RUSSIA.—It is the sense of Congress that
the President of the United States should continue to engage
the President of the Russian Federation to achieve the fol-
lowing objectives, consistent with United States national se-
curity, in the interest of promoting mutual trust, security,
and stability:
(1) An agreement that would seek to prevent the
illicit use, diversion, theft, or proliferation of tactical
nuclear weapons, and their key components and ma-
terials, by—
(A) withdrawing deployed nonstrategic nu-
clear weapons;
(B) accounting for, consolidating, and se-
curing the Russian Federation’s nonstrategic nu-
clear weapons; and
264
(C) dismantling or destroying United States
and Russian nonstrategic nuclear weapons in ex-
cess of each nation’s legitimate defense needs.
(2) A reciprocal program of joint visits by nu-
clear weapons scientists and experts of the United
States and the Russian Federation to the United
States nuclear test site in Nevada, and the Russian
nuclear test site at Novya Zemlya.
(3) A reciprocal program of joint visits and con-
ferences at each nation’s nuclear weapons laboratories
and nuclear weapons development and production fa-
cilities to discuss how to improve the safety and secu-
rity of each nation’s nuclear stockpile, nuclear mate-
rials, and nuclear infrastructure.
(4) A reciprocal program of joint visits and con-
ferences to explore greater cooperation between the
United States and the Russian Federation with re-
gard to ballistic missile defenses against intentional,
unauthorized, and accidental launches of ballistic
missiles.
(5) A joint commission on nonproliferation, com-
posed of senior nonproliferation and intelligence offi-
cials from the United States and the Russian Federa-
tion, to meet regularly in a closed forum to discuss
265
ways to prevent rogue states and potential adversaries
from acquiring—
(A) weapons of mass destruction and bal-
listic missiles;
(B) the dual-use goods, technologies, and ex-
pertise necessary to develop weapons of mass de-
struction and ballistic missiles; and
(C) advanced conventional weapons.
(6) A joint program to develop advanced methods
for disposal of weapons-grade nuclear materials excess
to defense needs, including safe, proliferation resist-
ant, advanced nuclear fuel cycles that achieve more
complete consumption of weapons materials, and
other methods that minimize waste and hazards to
health and the environment.
(7) A joint program to develop methods for safe-
guarding, treating, and disposing of spent reactor fuel
and other nuclear waste so as to minimize the risk to
public health, property, and the environment, as well
as the possibility of diversion to illicit purposes.
(8) A joint program, built upon existing pro-
grams, to cooperatively develop advanced methods and
techniques for establishing a state-of-the-art inventory
control and monitoring system for nuclear weapons
and material.
266
(c) REPORT.—No later than March 1, 2003, the Presi-
dent shall submit to Congress a report (in unclassified or
classified form as necessary) on the status of the objectives
under subsection (b). The report shall include the following:
(1) A description of the actions taken by the
President to engage the Russian Federation to achieve
those objectives.
(2) A description of the progress made to achieve
those objectives.
(3) A description of the response of the Russian
Federation to the actions referred to in paragraph
(1).
(4) The President’s assessment of the Russian
Federation’s commitment to a better, closer relation-
ship with the United States based on the principles
of increased cooperation and transparency.
SEC. 1032. TRANSFER OF FUNDS TO INCREASE AMOUNTS
FOR 
PAC–3 
MISSILE 
PROCUREMENT 
AND
ISRAELI ARROW PROGRAM.
(a) INCREASE
FOR
PAC–3 PROCUREMENT.—The
amount provided in section 101 for Missile Procurement,
Army, is hereby increased by $65,000,000, to be available
for an additional 24 PAC–3 missiles.
(b) INCREASE FOR ISRAELI ARROW PROGRAM.—The
amount provided in section 201(4) for the Missile Defense
267
Agency is hereby increased by $70,000,000, to be available
within program element 0603881C, Terminal Defense Seg-
ment, only for the Israeli Arrow Ballistic Missile Defense
System program.
(c) CORRESPONDING REDUCTION.—The amount pro-
vided in section 201(4) for research, development, test, and
evaluation, 
Defense-wide, 
is 
hereby 
reduced 
by
$135,000,000, to be derived from amounts available to the
Missile Defense Agency.
SEC. 1033. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRA-
TION AND NATURALIZATION SERVICE AND
CUSTOMS SERVICE.
(a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE-
FENSE.—Chapter 18 of title 10, United States Code, is
amended by inserting after section 374 the following new
section:
‘‘§ 374a. Assignment of members to assist border pa-
trol and control
‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission of
a request consistent with subsection (b), the Secretary of De-
fense may assign members of the Army, Navy, Air Force,
and Marine Corps to assist—
‘‘(1) the Immigration and Naturalization Serv-
ice in preventing the entry of terrorists, drug traf-
fickers, and illegal aliens into the United States; and
268
‘‘(2) the United States Customs Service in the
inspection of cargo, vehicles, and aircraft at points of
entry into the United States to prevent the entry of
weapons of mass destruction, components of weapons
of mass destruction, prohibited narcotics or drugs, or
other terrorist or drug trafficking items.
‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment of
members under subsection (a) may occur only if—
‘‘(1) the assignment is at the request of the Attor-
ney General, in the case of an assignment to the Im-
migration and Naturalization Service, or the Sec-
retary of the Treasury, in the case of an assignment
to the United States Customs Service; and
‘‘(2) the request of the Attorney General or the
Secretary of the Treasury (as the case may be) is ac-
companied by a certification by the President that the
assignment of members pursuant to the request is nec-
essary to respond to a threat to national security
posed by the entry into the United States of terrorists
or drug traffickers.
‘‘(c) TRAINING PROGRAM REQUIRED.—The Attorney
General or the Secretary of the Treasury (as the case may
be), together with the Secretary of Defense, shall establish
a training program to ensure that members receive general
instruction regarding issues affecting law enforcement in
269
the border areas in which the members may perform duties
under an assignment under subsection (a). A member may
not be deployed at a border location pursuant to an assign-
ment under subsection (a) until the member has successfully
completed the training program.
‘‘(d) CONDITIONS OF USE.—(1) Whenever a member
who is assigned under subsection (a) to assist the Immigra-
tion and Naturalization Service or the United States Cus-
toms Service is performing duties at a border location pur-
suant to the assignment, a civilian law enforcement officer
from the agency concerned shall accompany the member.
‘‘(2) Nothing in this section shall be construed to—
‘‘(A) authorize a member assigned under sub-
section (a) to conduct a search, seizure, or other simi-
lar law enforcement activity or to make an arrest;
and
‘‘(B) supersede section 1385 of title 18 (popu-
larly known as the ‘Posse Comitatus Act’).
‘‘(e) ESTABLISHMENT
OF
ONGOING
JOINT
TASK
FORCES.—(1) The Attorney General or the Secretary of the
Treasury may establish ongoing joint task forces when ac-
companied by a certification by the President that the as-
signment of members pursuant to the request to establish
a joint task force is necessary to respond to a threat to na-
270
tional security posed by the entry into the United States
of terrorists or drug traffickers.
‘‘(2) When established, any joint task force shall fully
comply with the standards as set forth in this section.
‘‘(f) NOTIFICATION REQUIREMENTS.—The Attorney
General or the Secretary of the Treasury (as the case may
be) shall notify the Governor of the State in which members
are to be deployed pursuant to an assignment under sub-
section (a), and local governments in the deployment area,
of the deployment of the members to assist the Immigration
and Naturalization Service or the United States Customs
Service (as the case may be) and the types of tasks to be
performed by the members.
‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377
of this title shall apply in the case of members assigned
under subsection (a).
‘‘(h) TERMINATION OF AUTHORITY.—No assignment
may be made or continued under subsection (a) after Sep-
tember 30, 2005.’’.
(b) COMMENCEMENT
OF TRAINING PROGRAM.—The
training program required by subsection (b) of section 374a
of title 10, United States Code, shall be established as soon
as practicable after the date of the enactment of this Act.
271
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 374 the following new item:
‘‘374a. Assignment of members to assist border patrol and control.’’.
SEC. 1034. SENSE OF CONGRESS ON PROHIBITION OF USE
OF FUNDS FOR INTERNATIONAL CRIMINAL
COURT.
It is the sense of Congress that none of the funds appro-
priated pursuant to authorizations of appropriations in
this Act should be used for any assistance to, or to cooperate
with or to provide any support for, the International
Criminal Court.
TITLE XI—CIVILIAN PERSONNEL
MATTERS
SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DEFENSE NON-
APPROPRIATED 
FUND 
EMPLOYEES 
FOR
LONG-TERM CARE INSURANCE.
(a) IN GENERAL.—Section 9001(1) of title 5, United
States Code, is amended—
(1) in subparagraph (B), by striking ‘‘and’’;
(2) in subparagraph (C), by striking the comma
at the end and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
272
‘‘(D) an employee of a nonappropriated
fund instrumentality of the Department of De-
fense described in section 2105(c),’’.
(b) DISCRETIONARY AUTHORITY.—Section 9002 of
such title is amended—
(1) by redesignating subsections (b), (c), (d), and
(e) as subsections (c), (d), (e), and (f), respectively;
and
(2) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) DISCRETIONARY AUTHORITY REGARDING NON-
APPROPRIATED
FUND
INSTRUMENTALITIES.—The Sec-
retary of Defense may determine that a nonappropriated
fund instrumentality of the Department of Defense is cov-
ered under this chapter or is covered under an alternative
long-term care insurance program.’’.
SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE AU-
THORITY TO MAKE LUMP-SUM SEVERANCE
PAYMENTS.
(a) IN GENERAL.—Section 5595(i)(4) of title 5, United
States Code, is amended by striking ‘‘2003’’ and inserting
‘‘2006’’.
(b) REPORT.—Not later than one year after the date
of the enactment of this Act, the President shall submit to
Congress a report including recommendations whether the
273
authority under section 5595(i) of title 5, United States
Code, should be made permanent or expanded to be made
Governmentwide.
SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STAND-
ARDS FOR DIFFERENTIAL PAYMENTS AS A
CONSEQUENCE OF EXPOSURE TO ASBESTOS.
(a) PREVAILING RATE SYSTEMS.—Section 5343(c)(4)
of title 5, United States Code, is amended by inserting be-
fore the semicolon at the end the following: ‘‘, and for any
hardship or hazard related to asbestos, such differentials
shall be determined by applying occupational safety and
health standards consistent with the permissible exposure
limit promulgated by the Secretary of Labor under the Oc-
cupational Safety and Health Act of 1970’’.
(b) GENERAL
SCHEDULE
PAY
RATES.—Section
5545(d) of such title is amended by inserting before the pe-
riod at the end of the first sentence the following: ‘‘, and
for any hardship or hazard related to asbestos, such dif-
ferentials shall be determined by applying occupational
safety and health standards consistent with the permissible
exposure limit promulgated by the Secretary of Labor under
the Occupational Safety and Health Act of 1970’’.
(c) APPLICABILITY.—Subject to any vested constitu-
tional property rights, any administrative or judicial deter-
mination after the date of enactment of this Act concerning
274
backpay for a differential established under sections
5343(c)(4) or 5545(d) of such title shall be based on occupa-
tional safety and health standards described in the amend-
ments made by subsections (a) and (b).
SEC. 1104. CONTINUATION OF FEDERAL EMPLOYEE HEALTH
BENEFITS PROGRAM ELIGIBILITY.
Paragraph (4)(B) of section 8905a(d) of title 5, United
States Code, is amended—
(1) in clause (i), by striking ‘‘2003’’ and insert-
ing ‘‘2006’’; and
(2) in clause (ii)—
(A) by striking ‘‘2004’’ and inserting
‘‘2007’’; and
(B) by striking ‘‘2003’’ and inserting
‘‘2006’’.
SEC. 1105. TRIENNIAL FULL-SCALE FEDERAL WAGE SYSTEM
WAGE SURVEYS.
Section 5343(b) of title 5, United States Code, is
amended—
(1) in the first sentence, by striking ‘‘2 years’’
and inserting ‘‘3 years’’; and
(2) in the second sentence, by striking the period
at the end and inserting ‘‘, based on criteria devel-
oped by the Office.’’.
275
SEC. 1106. CERTIFICATION FOR DEPARTMENT OF DEFENSE
PROFESSIONAL ACCOUNTING POSITIONS.
(a) IN GENERAL.—(1) Chapter 81 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1599d. Professional accounting positions: authority
to prescribe certification and credential
standards
‘‘(a) AUTHORITY TO PRESCRIBE PROFESSIONAL CER-
TIFICATION STANDARDS.—The Secretary of Defense may
prescribe professional certification and credential standards
for professional accounting positions within the Depart-
ment of Defense. Any such standard shall be prescribed as
a Department of Defense regulation.
‘‘(b) WAIVER AUTHORITY.—The Secretary may waive
any standard prescribed under subsection (a) whenever the
Secretary determines such a waiver to be appropriate.
‘‘(c) APPLICABILITY.—A standard prescribed under
subsection (a) shall not apply to any person employed by
the Department of Defense before the standard is prescribed.
‘‘(d) REPORT.—The Secretary of Defense shall submit
to Congress a report on the Secretary’s plans to provide
training to appropriate Department of Defense personnel
to meet any new professional and credential standards pre-
scribed under subsection (a). Such report shall be prepared
in conjunction with the Director of the Office of Personnel
276
Management. Such a report shall be submitted not later
than one year after the effective date of any regulations,
or any revision to regulations, prescribed pursuant to sub-
section (a).
‘‘(e) DEFINITION.—In this section, the term ‘profes-
sional accounting position’ means a position or group of
positions in the GS–510, GS–511, and GS–505 series that
involves professional accounting work.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘1599d. Professional accounting positions: authority to establish certification and
credential standards.’’.
(b) EFFECTIVE DATE.—Standards established pursu-
ant to section 1599d of title 10, United States Code, as
added by subsection (a), may take effect no sooner than 120
days after the date of the enactment of this Act.
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EF-
FORTS TO INSPECT AND MONITOR IRAQI
WEAPONS ACTIVITIES.
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS-
CAL YEAR 2003.—The total amount of the assistance for
fiscal year 2003 that is provided by the Secretary of Defense
under section 1505 of the Weapons of Mass Destruction
Control Act of 1992 (22 U.S.C. 5859a) as activities of the
277
Department of Defense in support of activities under that
Act may not exceed $15,000,000.
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE.—Subsection (f) of section 1505 of the Weapons of
Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking ‘‘2002’’ and inserting ‘‘2003’’.
SEC. 1202. STRENGTHENING THE DEFENSE OF TAIWAN.
(a) IMPLEMENTATION OF TRAINING PLAN.—Not later
than 180 days after the date of enactment of this Act, the
Secretary of Defense shall implement a comprehensive plan
to conduct joint operational training for, and exchanges of
senior officers between, the Armed Forces of the United
States and the military forces of Taiwan. Such plan shall
include implementation of a wide range of programs, ac-
tivities, exercises, and arrangements focused on threat anal-
ysis, military doctrine, force planning, logistical support,
intelligence collection and analysis, operational tactics,
techniques, and procedures, civil-military relations, and
other subjects designed to improve the defensive capabilities
of Taiwan and to enhance interoperability between the
military forces of Taiwan and the Armed Forces of the
United States.
(b) SUBMISSION TO CONGRESS.—At least 30 days be-
fore commencing implementation of the plan described in
subsection (a), the Secretary of Defense shall submit the
278
plan to Congress, in classified and unclassified form as nec-
essary.
SEC. 1203. ADMINISTRATIVE SERVICES AND SUPPORT FOR
FOREIGN LIAISON OFFICERS.
(a) AUTHORITY.—Subchapter II of chapter 138 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 2350m. Administrative services and support for for-
eign liaison officers
‘‘(a) AUTHORITY TO PROVIDE SERVICES AND SUP-
PORT.—The Secretary of Defense may provide administra-
tive services and support for foreign liaison officers per-
forming duties while such officers temporarily are assigned
to components or commands of the armed forces. Such ad-
ministrative services and support may include base or in-
stallation operation support services, office space, utilities,
copying services, fire and police protection, and computer
support. The Secretary may provide such administrative
services and support with or without reimbursement, as the
Secretary considers appropriate.
‘‘(b) EXPIRATION
OF
AUTHORITY.—The authority
under this section shall expire on September 30, 2005.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by adding at
the end the following new item:
‘‘2350m. Administrative services and support for foreign liaison officers.’’.
279
(c) REPORT.—Not later than March 1, 2005, the Sec-
retary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
report describing, as of the date of submission of the
report—
(1) the number of foreign liaison officers for
which support has been provided under section 2350m
of title 10, United States Code (as added by sub-
section (a));
(2) the countries from which such foreign liaison
officers are or were assigned;
(3) the type of support provided, the duration for
which the support was provided, and the reasons the
support was provided; and
(4) the costs to the Department of Defense and
the United States of providing such support.
SEC. 1204. ADDITIONAL COUNTRIES COVERED BY LOAN
GUARANTEE PROGRAM.
Section 2540 of title 10, United States Code, is
amended—
(1) in subsection (b), by adding at the end the
following new paragraph:
‘‘(5) A country that, as determined by the Sec-
retary of Defense in consultation with the Secretary
280
of State, assists in combatting drug trafficking orga-
nizations or foreign terrorist organizations.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(d) REPORT.—The Secretary of Defense and the Sec-
retary of State, whenever the Secretaries consider such ac-
tion to be warranted, shall jointly submit to the Committees
on Armed Services and Foreign Relations of the Senate and
the Committees on Armed Services and International Rela-
tions of the House of Representatives a report enumerating
those countries to be added or removed under subsection
(b).’’.
SEC. 1205. LIMITATION ON FUNDING FOR JOINT DATA EX-
CHANGE CENTER IN MOSCOW.
(a) LIMITATION.—Not more than 50 percent of the
funds made available to the Department of Defense for fiscal
year 2003 for activities associated with the Joint Data Ex-
change Center in Moscow, Russia, may be obligated or ex-
pended for any such activity until—
(1) the United States and the Russian Federa-
tion enter into a cost-sharing agreement as described
in subsection (d) of section 1231 of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106–
398; 114 Stat. 1654A–329);
281
(2) the United States and the Russian Federa-
tion enter into an agreement or agreements exempting
the United States and any United States person from
Russian taxes, and from liability under Russian
laws, with respect to activities associated with the
Joint Data Exchange Center;
(3) the Secretary of Defense submits to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representa-
tives a copy of each agreement referred to in para-
graphs (1) and (2); and
(4) a period of 30 days has expired after the date
of the final submission under paragraph (3).
(b) JOINT DATA EXCHANGE CENTER.—For purposes
of this section, the term ‘‘Joint Data Exchange Center’’
means the United States-Russian Federation joint center
for the exchange of data to provide early warning of
launches of ballistic missiles and for notification of such
launches that is provided for in a joint United States-Rus-
sian Federation memorandum of agreement signed in Mos-
cow in June 2000.
SEC. 1206. LIMITATION ON NUMBER OF MILITARY PER-
SONNEL IN COLOMBIA.
(a) LIMITATION.—None of the funds available to the
Department of Defense may be used to support or maintain
282
more than 500 members of the Armed Forces on duty in
the Republic of Colombia at any time.
(b) EXCEPTIONS.—There shall be excluded from count-
ing for the purposes of the limitation in subsection (a) the
following:
(1) A member of the Armed Forces in the Repub-
lic of Colombia for the purpose of rescuing or retriev-
ing United States military or civilian Government
personnel, except that the period for which such a
member may be so excluded may not exceed 30 days
unless expressly authorized by law.
(2) A member of the Armed Forces assigned to
the United States Embassy in Colombia as an
attache´, as a member of the security assistance office,
or as a member of the Marine Corps security contin-
gent.
(3) A member of the Armed Forces in Colombia
to participate in relief efforts in responding to a nat-
ural disaster.
(4) Nonoperational transient military personnel.
(5) A member of the Armed Forces making a
port call from a military vessel in Colombia.
(c) WAIVER.—The Secretary of Defense may waive the
limitation in subsection (a) if he determines that such waiv-
er is in the national security interest.
283
(d) NOTIFICATION.—The Secretary shall notify the
congressional defense committees not later 15 days after the
date of the exercise of the waiver authority under subsection
(c).
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Coop-
erative Threat Reduction programs are the programs speci-
fied in section 1501(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2003 COOPERATIVE THREAT REDUC-
TION FUNDS DEFINED.—As used in this title, the term ‘‘fis-
cal year 2003 Cooperative Threat Reduction funds’’ means
the funds appropriated pursuant to the authorization of ap-
propriations in section 301 for Cooperative Threat Reduc-
tion programs.
(c) AVAILABILITY
OF FUNDS.—Funds appropriated
pursuant to the authorization of appropriations in section
284
301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR
SPECIFIC
PURPOSES.—Of the
$416,700,000 authorized to be appropriated to the Depart-
ment of Defense for fiscal year 2003 in section 301(23) for
Cooperative Threat Reduction programs, the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $70,500,000.
(2) For strategic nuclear arms elimination in
Ukraine, $6,500,000.
(3) For nuclear weapons transportation security
in Russia, $19,700,000.
(4) For nuclear weapons storage security in Rus-
sia, $39,900,000.
(5) For activities designated as Other Assess-
ments/Administrative Support, $14,700,000.
(6) 
For 
defense 
and 
military 
contacts,
$18,900,000.
(7) For weapons of mass destruction infrastruc-
ture elimination activities in Kazakhstan, $9,000,000.
(8) For weapons of mass destruction infrastruc-
ture elimination activities in Ukraine, $8,800,000.
285
(9) For chemical weapons destruction in Russia,
$50,000,000.
(10) For biological weapons facility dismantle-
ment in the States of the former Soviet Union
$11,500,000.
(11) For biological weapons facility security and
safety in the States of the former Soviet Union,
$34,800,000.
(12) For biological weapons collaborative re-
search in the States of the former Soviet Union,
$8,700,000.
(13) For personnel reliability programs in Rus-
sia, $100,000.
(14) For weapons of mass destruction prolifera-
tion prevention in the States of the former Soviet
Union, $40,000,000.
(b) ADDITIONAL FUNDS AUTHORIZED FOR CERTAIN
PURPOSES.—Of the funds authorized to be appropriated to
the Department of Defense for fiscal year 2003 in section
301(23) for Cooperative Threat Reduction programs,
$83,600,000 may be obligated for any of the purposes speci-
fied in paragraphs (1) through (4) and (9) of subsection
(a) in addition to the amounts specifically authorized in
such paragraphs.
286
(c) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2003 Coop-
erative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (14) of subsection (a) until 30 days after
the date that the Secretary of Defense submits to Congress
a report on the purpose for which the funds will be obligated
or expended and the amount of funds to be obligated or ex-
pended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year
2003 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifi-
cally prohibited under this title or any other provision of
law.
(d) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that it
is necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2003 for
a purpose listed in any of the paragraphs in subsection (a)
in excess of the amount specifically authorized for such pur-
pose (including amounts authorized under subsection (b)).
(2) An obligation of funds for a purpose stated in any
of the paragraphs in subsection (a) in excess of the specific
287
amount authorized for such purpose may be made using
the authority provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for the purposes
stated any of paragraphs (5) through (13) of subsection (a)
in excess of 115 percent of the amount specifically author-
ized for such purposes.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL
SUBMISSION OF REPORTS.
No fiscal year 2003 Cooperative Threat Reduction
funds may be obligated or expended until 30 days after the
date of the submission of—
(1) the report required to be submitted in fiscal
year 2002 under section 1308(a) of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106–
398; 114 Stat. 1654A–341); and
(2) the update for the multiyear plan required to
be submitted for fiscal year 2001 under section 1205
of the National Defense Authorization Act for Fiscal
288
Year 1995 (Public Law 103–337; 22 U.S.C. 5952
note).
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY
ACTIVITIES CARRIED OUT UNDER COOPERA-
TIVE THREAT REDUCTION PROGRAMS.
Section 1308(c) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 114 Stat. 1654A–341)
is amended by inserting at the end the following new para-
graph:
‘‘(6) To the maximum extent practicable, a de-
scription of how revenue generated by activities car-
ried out under Cooperative Threat Reduction pro-
grams in recipient States is being utilized, monitored,
and accounted for.’’.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SEC-
OND WING OF FISSILE MATERIAL STORAGE
FACILITY.
No funds authorized to be appropriated for Coopera-
tive Threat Reduction programs for any fiscal year may
be used for the design, planning, or construction of a second
wing for a storage facility for Russian fissile material.
289
SEC. 1306. SENSE OF CONGRESS AND REPORT REQUIRE-
MENT REGARDING RUSSIAN PROLIFERATION
TO IRAN.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) Russian proliferation to Iran constitutes a
clear threat to the national security and vital inter-
ests of the United States and undermines the purpose
and goals of Cooperative Threat Reduction programs;
(2) such proliferation consists primarily of nu-
clear and missile technology, goods, and know-how,
and dual-use items that could contribute to the devel-
opment of weapons of mass destruction and ballistic
missiles;
(3) because of ongoing Russian assistance, the
intelligence community estimates that Iran could at-
tempt to launch an intercontinental ballistic missile
by 2005, and could possess a nuclear weapon by 2010;
(4) Russian proliferation is providing Iran with
the capability to strike United States military forces,
interests, allies, and friends in the region with weap-
ons-of-mass-destruction-tipped ballistic missiles;
(5) the issue of Russian proliferation to Iran has
been raised by United States officials at the highest
levels of the Russian Government;
290
(6) Iran has long been identified as a State
sponsor of terrorism by the United States because of
its support of foreign terrorist organizations, and the
combination of terrorist organizations and weapons of
mass destruction constitutes a grave threat to the na-
tional security of the United States;
(7) Russian proliferation to Iran raises serious
questions regarding the intentions of the Russian
Government, and its commitment to nonproliferation
and improved relations with the United States;
(8) Russian proliferation to Iran could under-
mine Congressional support for Cooperative Threat
Reduction programs; and
(9) the President must safeguard United States
national security and demonstrate United States re-
solve and commitment to stopping the proliferation of
weapons of mass destruction and ballistic missiles
through clear, firm, and coherent policies and strate-
gies that employ the full range of diplomatic and eco-
nomic tools at his disposal, both positive and nega-
tive, to halt the serious and continuing problem of
Russian proliferation.
(b) REPORT.—Not later than March 15 of 2003
through 2009, the President shall submit to Congress a re-
port (in unclassified and classified form as necessary) de-
292
United States military forces deployed in the re-
gion to which such transfers are being made.
(E) The actions being taken by the United
States to counter and defend against capabilities
developed by the recipient States as a result of
such transfers.
(F) The strategy, plan, or policy incor-
porating the full range of policy tools available
that the President intends to employ to halt Rus-
sian proliferation, the rationale for employing
such tools, and the timeline by which the Presi-
dent expects to see material progress in ending
Russian proliferation of direct and dual-use
weapons of mass destruction and missile goods,
technologies, and know-how.
SEC. 1307. PROHIBITION AGAINST USE OF COOPERATIVE
THREAT REDUCTION FUNDS OUTSIDE THE
STATES OF THE FORMER SOVIET UNION.
No Cooperative Threat Reduction funds authorized or
appropriated for any fiscal year may be used for threat
reduction projects, programs, or activities in countries other
than the States of the former Soviet Union.
293
SEC. 1308. LIMITED WAIVER OF RESTRICTION ON USE OF
FUNDS.
(a) WAIVER AUTHORITY.—(1) The restriction de-
scribed in subsection (d)(5) of section 1203 of the National
Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 107 Stat. 1779; 22 U.S.C. 5952) shall not
apply with respect to United States assistance to Russia
if the President submits to Congress a written certification
that waiving the restriction is important to the national
security interests of the United States.
(2) The authority under paragraph (1) shall expire on
December 31, 2005.
(b) REPORT.—Not later than 30 days after the date
that the President applies the waiver authority under sub-
section (a), the President shall submit to Congress a report
(in classified and unclassified form as necessary)
describing—
(1) the arms control agreements with which Rus-
sia is not committed to complying, the form or forms
of noncommittal, and detailed evidence of such non-
committal;
(2) why use of the waiver of authority was im-
portant to protect national security interests; and
(3) a strategy, plan, or policy incorporating the
full range of policy tools available to the President for
294
promoting Russian commitment to, and compliance
with, all relevant arms control agreements.
SEC. 1309. LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF REPORT ON DEFENSE AND MILITARY
CONTACTS ACTIVITIES.
Not more than 50 percent of fiscal year 2003 Coopera-
tive Threat Reduction Funds may be obligated or expended
for defense and military contacts activities until the Sec-
retary of Defense submits to Congress a report describing
in detail the operation and success of such activities carried
out under Cooperative Threat Reduction programs during
fiscal years 2001 and 2002. Such report shall include a de-
scription of—
(1) the amounts obligated or expended for such
activities;
(2) the purposes, goals, and objectives for which
such amounts were obligated and expended;
(3) a description of the activities carried out, in-
cluding the forms of assistance provided, and the jus-
tification for each form of assistance provided;
(4) the success of each activity, including the
goals and objectives achieved for each;
(5) a description of participation by private sec-
tor entities in the United States in carrying out such
295
activities, and the participation of any other Federal
department or agency in such activities; and
(6) any other information that the Secretary
considers relevant to provide a complete description of
the operation and success of activities carried out
under Cooperative Threat Reduction programs.
TITLE XIV—UTAH TEST AND
TRAINING RANGE
SEC. 1401. DEFINITION OF UTAH TEST AND TRAINING
RANGE.
In this title, the term ‘‘Utah Test and Training
Range’’ means those portions of the military operating area
of the Utah Test and Training Area located solely in the
State of Utah. The term includes the Dugway Proving
Ground.
SEC. 1402. MILITARY OPERATIONS AND OVERFLIGHTS AT
UTAH TEST AND TRAINING RANGE.
(a) FINDINGS.—The Congress finds the following:
(1) The testing and development of military
weapons systems and the training of military forces
are critical to ensuring the national security of the
United States.
(2) The Utah Test and Training Range is a
unique and irreplaceable national asset at the core of
296
the test and training mission of the Department of
Defense.
(3) Areas designated as wilderness study areas
are located near lands withdrawn for military use
and are beneath special use airspace critical to the
support of military test and training missions at the
Utah Test and Training Range.
(4) Continued unrestricted access to the special
use airspace and lands that comprise the Utah Test
and Training Range is a national security priority
and is not incompatible with the protection and prop-
er management of the natural, environmental, cul-
tural, and other resources of such lands.
(b) OVERFLIGHTS.—(1) Nothing in this title, the Wil-
derness Act (16 U.S.C. 1131 et seq.), or other land manage-
ment laws generally applicable to federally designated wil-
derness areas or wilderness study areas in the Utah Test
and Training Range shall restrict or preclude low-level
overflights, low-level military overflights and operations of
military aircraft, helicopters, unmanned aerial vehicles,
military overflights or military overflights and operations
that can be seen or heard within those areas.
(2) Paragraph (1) precludes any restriction regarding
altitude or airspeed, noise level, supersonic flight, route of
flight, time of flight, seasonal usage, or numbers of flights
297
of any military aircraft, helicopters, unmanned aerial vehi-
cles, missiles, aerospace vehicles, and other military weap-
ons systems over federally designated wilderness areas or
wilderness study areas in the Utah Test and Training
Range.
(3) In this subsection, the term ‘‘low-level’’ includes
any flight down to and including 10 feet above ground level.
(c) SPECIAL USE AIRSPACE AND TRAINING ROUTES.—
Nothing in this title, the Wilderness Act, or other land man-
agement laws generally applicable to federally designated
wilderness areas or wilderness study areas in the Utah Test
and Training Range shall restrict or preclude the designa-
tion of new units of special use airspace, the expansion of
existing units of special use airspace, or the use or establish-
ment of military training routes over federally designated
wilderness areas or wilderness study areas in the Utah Test
and Training Range.
(d) COMMUNICATIONS
AND TRACKING SYSTEMS.—
Nothing in this title, the Wilderness Act, or other land man-
agement laws generally applicable to federally designated
wilderness areas or wilderness study areas in the Utah Test
and Training Range shall be construed to require the re-
moval of existing communications, instrumentation, or elec-
tronic tracking systems from these areas, to prevent any
required maintenance of such systems, or to prevent the in-
298
stallation of new communication, instrumentation, or other
equipment necessary for effective testing and training to
meet military requirements so long as the installation and
maintenance of such systems do not require construction of
any permanent roads in any federally designated wilder-
ness area or wilderness study area.
(e) EMERGENCY ACCESS AND RESPONSE.—(1) Noth-
ing in this title, the Wilderness Act, or other land manage-
ment laws generally applicable to federally designated wil-
derness areas or wilderness study areas in the Utah Test
and Training Range shall restrict or preclude timely access
to any area necessary to respond to emergency situations.
Immediate access, including access for emergency and res-
cue vehicles and equipment, shall not be restricted if human
life or health may be in jeopardy.
(2) Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of the Air Force and the
Secretary of Interior shall enter into a memorandum of un-
derstanding providing formal procedures for access to the
federally designated wilderness areas or wilderness study
areas that are located beneath airspace of the Utah Test
and Training Range, which may be necessary to respond
to emergency situations, to rescue downed aircrew members,
to investigate accident locations, to recover military air-
craft or other weapons systems, and to restore accident loca-
299
tions. Military operations in the Utah Test and Training
Range shall not be limited or restricted in any way pending
completion of the memorandum of understanding.
(f) CONTROL OR RESTRICTION OF PUBLIC ACCESS.—
(1) When required by national security or public safety,
public access to federally designated wilderness areas or wil-
derness study areas in the Utah Test and Training Range
that are located beneath airspace designated as special use
airspace may be controlled, restricted, or prohibited en-
tirely. Such controls, restrictions, or prohibitions shall re-
main in force for the minimum duration necessary. The
Secretary of the Air Force shall provide advance notice of
such controls, restrictions, or prohibitions to the Secretary
of the Interior.
(2) Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of the Air Force and the
Secretary of Interior shall enter into a memorandum of un-
derstanding prescribing procedures for implementing access
controls, restrictions, or prohibitions. Military operations
in the Utah Test and Training Range shall not be limited
or restricted in any way pending completion of the memo-
randum of understanding.
300
SEC. 1403. DESIGNATION AND MANAGEMENT OF LANDS IN
UTAH TEST AND TRAINING RANGE.
(a) DESIGNATION.—The following Federal lands that
are in the Utah Test and Training Range are hereby des-
ignated as wilderness:
(1) Those lands that were managed pursuant to
the nonimpairment standard set forth in section
603(c) of Public Law 94–579 (43 U.S.C. 1782(c)) on
or before January 1, 1991.
(2) Those lands that were acquired by the United
States through donation, exchange, or other method of
acquisition and—
(A) are located entirely within the areas
identified in paragraph (1); or
(B) are located within a logical extension of
the boundaries of the areas identified in para-
graph (1).
(b) PLANNING PROCESS
FOR FEDERAL LANDS
IN
UTAH TEST AND TRAINING RANGE.—(1) The Secretary of
the Interior shall not continue the plan amendment process
initiated pursuant to section 202 of Public Law 94–579 (43
U.S.C. 1712) and published in the Federal Register on
March 18, 1999 (64 Fed. Reg. 13439), for Federal lands
located in the Utah Test and Training Range.
(2) The Secretary of the Interior shall not develop,
maintain, or revise land use plans pursuant to section 202
301
of Public Law 94–579 (43 U.S.C. 1712) for Federal lands
located in the Utah Test and Training Range without the
prior concurrence of the Secretary of the Air Force and the
Commander-in-Chief of the military forces of the State of
Utah.
(c) WITHDRAWAL.—Subject to valid existing rights,
the Federal lands in the areas designated as wilderness by
this title are hereby withdrawn from all forms of entry, ap-
propriation, or disposal under the public land laws, from
location, entry, and patent under the United States mining
laws, and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials,
and all amendments to such laws.
(d) WATER.—Nothing in this title or any action taken
pursuant to this title shall constitute an express or implied
reservation of surface or groundwater by any person, in-
cluding the United States. Nothing in this title affects any
valid existing water rights in existence before the date of
the enactment of this Act, including any water rights held
by the United States. If the United States determines that
additional water resources are needed for the purposes of
this title, the United States shall acquire such rights in ac-
cordance with the water laws of the State of Utah.
(e) MAP AND DESCRIPTION.—(1) As soon as prac-
ticable after the date of the enactment of this title, the Sec-
302
retary of Interior shall transmit a map and legal descrip-
tion of the areas designated as wilderness by this title to
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of
the Senate.
(2) The map and legal description shall have the same
force and effect as if included in this title, except that the
Secretary of Interior may correct clerical and typo-
graphical errors in the map and legal description.
(3) The map and legal description shall be on file and
available for public inspection in the office of the Director
of the Bureau of Land Management and the office of the
State Director of the Bureau of Land Management in the
State of Utah.
(f) ADMINISTRATION.—(1) Subject to valid existing
rights and this title, the areas designated as wilderness in
this title shall be administered by the Secretary of Interior
in accordance with the provisions of the Wilderness Act, ex-
cept that any reference in such provisions to the effective
date of the Wilderness Act (or any similar reference) shall
be deemed to be a reference to the date of the enactment
of this Act.
(2) Any lands or interest in lands within the bound-
aries of an area designated as wilderness by this title that
is acquired by the United States after the date of the enact-
303
ment of this Act shall be added to and administered as part
of the wilderness area within which the acquired lands or
interest in lands are located.
(3) The Secretary of the Interior may offer to acquire
lands and interest in lands located within the areas des-
ignated as wilderness by this title. Such lands may be ac-
quired at fair market value under this subsection by pur-
chase from willing sellers, by exchange for lands of approxi-
mately equal value, or by donation.
(4) In furtherance of the purposes and principles of
the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to
support such populations may be carried out within the
areas designated as wilderness by this title where consistent
with relevant wilderness management plans, in accordance
with appropriate policies and guidelines such as those set
forth in appendix B of the Report of the Committee on Inte-
rior and Insular Affairs to accompany H.R. 2570 of the
101st Congress (H. Rept. 101–405).
(5) Within the areas designated as wilderness by this
title, the grazing of livestock, where established before the
date of the enactment of this Act, shall be permitted to con-
tinue subject to such reasonable regulations, policies, and
practices as the Secretary of the Interior considers nec-
essary, as long as such regulations, policies, and practices
304
fully conform with and implement the intent of Congress
regarding grazing in such areas, as such intent is expressed
in the Wilderness Act, section 101(f) of Public Law 101–
628, and House Report 101–405, Appendix A.
(6) Congress does not intend for the designation of the
wilderness in this title to lead to the creation of protective
perimeters or buffer zones around any area designated as
wilderness by this title. The fact that nonwilderness activi-
ties or uses can be seen or heard within the areas designated
as wilderness by this title shall not, of itself, preclude such
activities or uses up to the boundary of that wilderness.
(7) Until completion of a full revision of the Pony Ex-
press Area Resource Management Plan, dated January 12,
1990, by the Salt Lake Field Office of the Bureau of Land
Management, the Secretary of Interior shall not grant or
issue any authorizations pursuant to section 501(a)(6) of
Public Law 94–579 (43 U.S.C. 1761(a)(6)) upon Federal
lands identified as inventory units UTU-020-088, UTU-
020-095, UTU-020-096, and UTU-020-100, as generally de-
picted on the map entitled ‘‘Wilderness Inventory, State of
Utah’’, dated August 1979.
SEC. 1404. DESIGNATION OF PILOT RANGE WILDERNESS.
Certain Federal lands in Box Elder County, Utah, as
generally depicted on the map entitled ‘‘Pilot Range Wilder-
ness’’, and dated October 1, 2001, are hereby designated as
305
wilderness, and shall be known as the Pilot Range Wilder-
ness Area.
SEC. 1405. DESIGNATION OF CEDAR MOUNTAIN WILDER-
NESS.
Certain Federal lands in Tooele County, Utah, as gen-
erally depicted on the map entitled ‘‘Cedar Mountain Wil-
derness’’, and dated May 1, 2002, are hereby designated as
wilderness, and shall be known as the Cedar Mountain Wil-
derness Area.
TITLE 
XV—COST 
OF 
WAR
AGAINST 
TERRORISM 
AU-
THORIZATION
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Cost of War Against
Terrorism Authorization Act of 2002’’.
SEC. 1502. AMOUNTS AUTHORIZED FOR THE WAR ON TER-
RORISM.
The amounts authorized to be appropriated in this
title, totalling $10,000,000,000, are authorized for the con-
duct of operations in continuation of the war on terrorism
in accordance with the Authorization for Use of Military
Force (Public Law 107–40; 50 U.S.C. 1541 note) and, to
the extent appropriations are made pursuant to such au-
thorizations, shall only be expended in a manner consistent
with the purposes stated in section 2(a) thereof.
306
SEC. 1503. ADDITIONAL AUTHORIZATIONS
The amounts authorized to be appropriated by this
title are in addition to amounts authorized to be appro-
priated for military functions of the Department of Defense
for fiscal year 2003 in the other provisions of this Act or
any other Act.
Subtitle A—Authorization of
Appropriations
PART I—AUTHORIZATIONS TO TRANSFER
ACCOUNTS
SEC. 1511. WAR ON TERRORISM OPERATIONS FUND.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated to the Department of
Defense for fiscal year 2003 the amount of $3,544,682,000,
to be available only for operations in accordance with the
purposes stated in section 1502 for Operation Noble Eagle
and Operation Enduring Freedom. Funds authorized in the
preceding sentence may only be used as provided in sub-
section (b).
(b) TRANSFER AUTHORITY.—Subject to section 1503,
the Secretary of Defense may, in the Secretary’s discretion,
transfer amounts authorized in subsection (a) to any fiscal
year 2003 military personnel or operation and mainte-
nance account of the Department of Defense for the purposes
stated in that subsection.
307
SEC. 1512. WAR ON TERRORISM EQUIPMENT REPLACEMENT
AND ENHANCEMENT FUND.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated to the Department of
Defense for fiscal year 2003 the amount of $1,000,000,000,
to be available only in accordance with the purposes stated
in section 1502 and to be used only as provided in sub-
section (b).
(b) TRANSFER AUTHORITY.—Subject to section 1513,
the Secretary of Defense may, in the Secretary’s discretion,
transfer amounts authorized in subsection (a) to any fiscal
year 2003 procurement or research, development, test, and
evaluation account of the Department of Defense for the
purpose of—
(1) emergency replacement of equipment and
munitions lost or expended in operations conducted
as part of Operation Noble Eagle or Operation En-
during Freedom; or
(2) enhancement of critical military capabilities
necessary to carry out operations pursuant to Public
Law 107-40.
SEC. 1513. GENERAL PROVISIONS APPLICABLE TO TRANS-
FERS.
(a) IN GENERAL.—Amounts transferred pursuant to
section 1511(b) or 1512(b) shall be merged with, and avail-
308
able for the same purposes and the same time period as,
the account to which transferred.
(b) CONGRESSIONAL
NOTICE-AND-WAIT
REQUIRE-
MENT.—A transfer may not be made under section 1511(b)
or 1512(b) until the Secretary of Defense has submitted a
notice in writing to the Committees on Armed Services and
the Committees on Appropriations of the Senate and House
of Representatives of the proposed transfer and a period of
15 days has elapsed after the date such notice is received.
Any such notice shall include specification of the amount
of the proposed transfer, the account to which the transfer
is to be made, and the purpose of the transfer.
(c) TRANSFER AUTHORITY CUMULATIVE.—The trans-
fer authority provided by this subtitle is in addition to any
other transfer authority available to the Secretary of De-
fense under this Act or any other Act.
PART II—AUTHORIZATIONS TO SPECIFIED
ACCOUNTS
SEC. 1521. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for procurement accounts of the Army in
amounts as follows:
(1) For ammunition, $94,000,000.
(2) For other procurement, $10,700,000.
309
SEC. 1522. NAVY AND MARINE CORPS PROCUREMENT.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2003 for procurement accounts for
the Navy in amounts as follows:
(1) For aircraft, $106,000,000.
(2) For weapons, including missiles and tor-
pedoes, $633,000,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2003 for the procurement
account for the Marine Corps in the amount of $25,200,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for fiscal year
2003 for the procurement account for ammunition for the
Navy and the Marine Corps in the amount of $120,600,000.
SEC. 1523. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for procurement accounts for the Air Force
in amounts as follows:
(1) For aircraft, $214,550,000.
(2) For ammunition, $157,900,000.
(3) For other procurement, $10,800,000.
SEC. 1524. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the procurement account for Defense-wide
procurement in the amount of $620,414,000.
310
SEC. 1525. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the research, development, test, and eval-
uation account for Defense-wide activities in the amount
of $390,100,000.
SEC. 1526. CLASSIFIED ACTIVITIES.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2003 for unspecified
intelligence and classified activities in the amount of
$1,980,674,000, of which—
(1) $1,618,874,000 is authorized to be appro-
priated to procurement accounts;
(2) $301,600,000 is authorized to be appro-
priated to operation and maintenance accounts; and
(3) $60,200,000 is authorized to be appropriated
to research, development, test, and evaluation ac-
counts.
SEC. 1527. GLOBAL INFORMATION GRID SYSTEM.
None of the funds authorized to be appropriated by this
Act for the Department of Defense system known as the
Global Information Grid may be obligated until the Sec-
retary of Defense submits to the Committees on Armed Serv-
ices and the Committees on Appropriations of the Senate
and House of Representatives the Secretary’s certification
that the end-to-end system is secure and protected from un-
311
authorized access to the information transmitted through
the system.
SEC. 1528. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the use of the Armed Forces for expenses,
not otherwise provided for, for operation and maintenance,
in amounts as follows:
(1) For the Army, $14,270,000.
(2) For the Navy, $5,252,500.
(3) For the Marine Corps, $11,396,000.
(4) For the Air Force, $517,285,000.
SEC. 1529. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2003 a total of $503,100,000.
PART III—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 1531. AUTHORIZED MILITARY CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) PROJECTS AUTHORIZED.—Using amounts appro-
priated pursuant to the authorization of appropriations in
subsection (b), the Secretary of the military department
concerned may acquire real property and carry out mili-
tary construction projects for the installations and loca-
tions, and in the amounts, set forth in the following table:
312
Projects Authorized
Military Department
Installation or location
Amount
Department of the Army .........
Qatar .....................................................
$8,600,000
Department of the Navy ..........
Naval Station, Guantanamo Bay,
Cuba ..................................................
$4,280,000
Naval Station, Rota, Spain ................
$18,700,000
Department of the Air Force ...
Bolling Air Force Base, District of
Columbia ...........................................
$3,500,000
Total ..............................................
$35,080,000
(b) AUTHORIZATION OF APPROPRIATIONS.—Funds are
hereby authorized to be appropriated for fiscal year 2003
for the military construction projects authorized by sub-
section (a) in the total amount of $35,080,000.
Subtitle B—Wartime Pay and
Allowance Increases
SEC. 1541. INCREASE IN RATE FOR FAMILY SEPARATION AL-
LOWANCE.
Section 427(a)(1) of title 37, United States Code, is
amended by striking ‘‘$100’’ and inserting ‘‘$125’’.
SEC. 1542. INCREASE IN RATES FOR VARIOUS HAZARDOUS
DUTY INCENTIVE PAYS.
(a) FLIGHT PAY FOR CREW MEMBERS.—Subsection
(b) of section 301 of title 37, United States Code, is amend-
ed by striking the table and inserting the following new
table:
‘‘Pay grade:
Monthly Rate
O–10 .......................................................................................................... $200
O–9 ............................................................................................................ $200
O–8 ............................................................................................................ $200
O–7 ............................................................................................................ $200
O–6 ............................................................................................................ $300
O–5 ............................................................................................................ $300
O–4 ............................................................................................................ $275
O–3 ............................................................................................................ $225
313
‘‘Pay grade:
Monthly Rate
O–2 ............................................................................................................ $200
O–1 ............................................................................................................ $200
W–5 ............................................................................................................ $300
W–4 ............................................................................................................ $300
W–3 ............................................................................................................ $225
W–2 ............................................................................................................ $200
W–1 ............................................................................................................ $200
E–9 ............................................................................................................ $290
E–8 ............................................................................................................ $290
E–7 ............................................................................................................ $290
E–6 ............................................................................................................ $265
E–5 ............................................................................................................ $240
E–4 ............................................................................................................ $215
E–3 ............................................................................................................ $200
E–2 ............................................................................................................ $200
E–1 ............................................................................................................ $200’’.
(b) INCENTIVE PAY FOR PARACHUTE JUMPING WITH-
OUT STATIC LINE.—Subsection (c)(1) of such section is
amended by striking ‘‘$225’’ and inserting ‘‘$275’’.
(c) OTHER HAZARDOUS DUTIES.—Subsection (c)(1) of
such section is amended by striking ‘‘$150’’ and inserting
‘‘$200’’.
(d) REMOVAL OF AIR WEAPONS CONTROLLER CREW
MEMBERS FROM LIST OF HAZARDOUS DUTIES.—Such sec-
tion is further amended—
(1) in subsection (a)—
(A) by striking paragraph (12);
(B) in paragraph (11), by striking ‘‘; or’’
and inserting a period; and
(C) in paragraph (10), by inserting ‘‘or’’
after the semicolon; and
(2) in subsection (c), as amended by subsections
(b) and (c) of this section—
314
(A) by striking ‘‘(1)’’; and
(B) by striking paragraph (2).
SEC. 1543. INCREASE IN RATE FOR DIVING DUTY SPECIAL
PAY.
Section 304(b) of title 37, United States Code, is
amended—
(1) by striking ‘‘$240’’ and inserting ‘‘$290’’;
and
(2) by striking ‘‘$340’’ and inserting ‘‘$390’’.
SEC. 1544. INCREASE IN RATE FOR IMMINENT DANGER PAY.
Section 310(a) of title 37, United States Code, is
amended by striking ‘‘$150’’ and inserting ‘‘$250’’.
SEC. 1545. INCREASE IN RATE FOR CAREER ENLISTED
FLYER INCENTIVE PAY.
The table in section 320(d) of title 37, United States
Code, is amended to read as follows:
‘‘Years of aviation service
Monthly rate
4 or less ...........................................................................................
$200
Over 4 .............................................................................................
$275
Over 8 .............................................................................................
$400
Over 14 ...........................................................................................
$450’’.
SEC. 1546. INCREASE IN AMOUNT OF DEATH GRATUITY.
Section 1478(a) of title 10, United States Code, is
amended by striking ‘‘$6,000’’ and inserting ‘‘$12,000’’.
SEC. 1547. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this title shall take effect on
the later of the following:
315
(1) The first day of the first month beginning on
or after the date of the enactment of this Act.
(2) October 1, 2002.
(b) DEATH GRATUITY.—The amendment made by sec-
tion 1546 shall apply with respect to a person covered by
section 1475 or 1476 of title 10, United States Code, whose
date of death occurs on or after the later of the following:
(1) The date of the enactment of this Act.
(2) October 1, 2002.
Subtitle C—Additional Provisions
SEC. 1551. ESTABLISHMENT OF AT LEAST ONE WEAPONS OF
MASS DESTRUCTION CIVIL SUPPORT TEAM IN
EACH STATE.
(a) FINDINGS.—Congress makes the following findings:
(1) Weapons of Mass Destruction Civil Support
Teams are strategic assets, stationed at the oper-
ational level, as an immediate response capability to
assist local responders in the event of an emergency
within the United States involving use or potential
use of weapons of mass destruction.
(2) Since September 11 2001, Civil Support
Teams have responded to more than 200 requests for
support from civil authorities for actual or potential
weapons of mass destruction incidents and have sup-
ported various national events, including the World
316
Series, the Super Bowl, and the 2002 Winter Olym-
pics.
(3) To enhance homeland security as the Nation
fights the war against terrorism, each State and terri-
tory must have a Weapons of Mass Destruction Civil
Support Team to respond to potential weapons of
mass destruction incidents.
(4) In section 1026 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 as
passed the House of Representatives on May 10, 2002
(H.R. 4546 of the 107th Congress), the House of Rep-
resentatives has already taken action to that end by
expressing the sense of Congress that the Secretary of
Defense should establish 23 additional Weapons of
Mass Destruction Civil Support Teams in order to
provide at least one such team in each State and ter-
ritory.
(5) According to a September 2001 report of the
Comptroller General entitled ‘‘Combating Terrorism’’,
the Department of Defense plans that there eventually
should be a Weapons of Mass Destruction Civil Sup-
port Teams in each State, territory, and the District
of Columbia.
(b) REQUIREMENT.—From funds authorized to be ap-
propriated in section 101, the Secretary of Defense shall en-
317
sure that there is established at least one Weapons of Mass
Destruction Civil Support Team in each State.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Weapons of Mass Destruction
Civil Support Team’’ means a team of members of the
reserve components of the armed forces that is estab-
lished under section 12310(c) of title 10, United
States Code, in support of emergency preparedness
programs to prepare for or to respond to any emer-
gency involving the use of a weapon of mass destruc-
tion.
(2) The term ‘‘State’’ includes the District of Co-
lumbia, Puerto Rico, the Virgin Islands, and Guam.
(d) DEADLINE FOR IMPLEMENTATION.—The Secretary
of Defense shall ensure that subsection (b) is fully imple-
mented not later than September 30, 2003.
SEC. 1552. AUTHORITY FOR JOINT TASK FORCES TO
PROVIDE SUPPORT TO LAW ENFORCEMENT
AGENCIES 
CONDUCTING 
COUNTER-TER-
RORISM ACTIVITIES.
(a) AUTHORITY.—A joint task force of the Department
of Defense that provides support to law enforcement agen-
cies conducting counter-drug activities may also provide,
consistent with all applicable laws and regulations, support
318
to law enforcement agencies conducting counter-terrorism
activities.
(b) CONDITIONS.—Any support provided under sub-
section (a) may only be provided in the geographic area
of responsibility of the joint task force.
(c) FUNDS.—Funds are hereby authorized to be appro-
priated for fiscal year 2003 in the amount of $5,000,000
to provide support for counter-terrorism activities in ac-
cordance with subsections (a) and (b).
SEC. 1553. SENSE OF CONGRESS ON ASSISTANCE TO FIRST
RESPONDERS.
It is the sense of Congress that the Secretary of Defense
should, to the extent the Secretary determines appropriate,
use funds provided in this Act to assist, train, and equip
local fire and police departments that would be a first re-
sponder to a domestic terrorist incident that may come
about in connection with the continued fight to prosecute
the war on terrorism.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2003’’.
319
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(1), the Secretary of the Army may ac-
quire real property and carry out military construction
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Army: Inside the United States
State
Installation or location
Amount
Alabama ...........................
Anniston Army Depot .........................
$1,900,000
Fort Rucker ..........................................
$3,050,000
Redstone Arsenal ..................................
$1,950,000
Alaska ...............................
Fort Wainwright ..................................
$111,010,000
Arizona .............................
Fort Huachuca .....................................
$10,400,000
Yuma Proving Ground ........................
$4,500,000
Arkansas ...........................
Pine Bluff Arsenal ...............................
$18,937,000
California .........................
Monterey Defense Language Institute
$1,500,000
Colorado ...........................
Fort Carson ..........................................
$5,350,000
District of Columbia ........
Walter Reed Army Medical Center .....
$9,950,000
Georgia .............................
Fort Benning ........................................
$74,250,000
Fort Stewart/Hunter Army Air Field
$26,000,000
Hawaii .............................
Schofield Barracks ...............................
$191,000,000
Kansas ..............................
Fort Leavenworth .................................
$3,150,000
Fort Riley .............................................
$51,950,000
Kentucky ..........................
Blue Grass Army Depot ......................
$5,500,000
Fort Campbell ......................................
$106,300,000
Louisiana .........................
Fort Polk ...............................................
$31,000,000
Maryland ..........................
Fort Detrick ..........................................
$22,500,000
Massachusetts ...................
Natick Research Development and
Engineering Center ..........................
$4,100,000
Missouri ............................
Fort Leonard Wood ..............................
$15,500,000
New Jersey .......................
Picatinny Arsenal ................................
$7,500,000
New York ..........................
Fort Drum ............................................
$18,300,000
North Carolina .................
Fort Bragg ............................................
$94,900,000
Pennsylvania ...................
Letterkenny Army Depot .....................
$1,550,000
Texas .................................
Fort Bliss ..............................................
$10,200,000
Fort Hood .............................................
$85,000,000
Virginia ............................
Fort Lee ................................................
$5,200,000
Washington .......................
Fort Lewis ............................................
$53,800,000
Total .............................................
$976,247,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
320
tions in section 2104(a)(2), the Secretary of the Army may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the following
table:
Army: Outside the United States
Country
Installation or location
Amount
Belgium ....................................
Supreme Headquarters, Allied Pow-
ers Europe .......................................
$13,600,000
Germany ..................................
Area Support Group, Bamberg .........
$17,200,000
Campbell Barracks .............................
$8,300,000
Coleman Barracks ..............................
$1,350,000
Darmstadt ...........................................
$3,500,000
Grafenwoehr ........................................
$69,866,000
Landstuhl ............................................
$2,400,000
Mannheim ...........................................
$42,000,000
Schweinfurt .........................................
$2,000,000
Italy .........................................
Vicenza ................................................
$34,700,000
Korea ........................................
Camp Carroll ......................................
$20,000,000
Camp Castle ........................................
$6,800,000
Camp Hovey .......................................
$25,000,000
Camp Humphreys ..............................
$36,000,000
Camp Henry .......................................
$10,000,000
K16 Airfield ........................................
$40,000,000
Yongsan ...............................................
$12,600,000
Total ....................................................
$345,316,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(3), the Secretary of the Army may
acquire real property and carry out military construction
projects for the installation and location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide ...........
Unspecified Worldwide .......................
$4,000,000
321
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the
installations, for the purposes, and in the amounts set forth
in the following table:
Army: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
Alaska ..............................
Fort Wainwright ............
38 Units ...........
$17,752,000
Arizona ............................
Yuma Proving Ground ..
33 Units ...........
$6,100,000
Germany .........................
Stuttgart .........................
1 Unit ...............
$990,000
Korea ...............................
Yongsan ..........................
10 Units ...........
$3,100,000
Total: ......................
$27,942,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may carry
out architectural and engineering services and construction
design activities with respect to the construction or im-
provement of family housing units in an amount not to
exceed $15,653,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2104(a)(6)(A), the Sec-
322
retary of the Army may improve existing military family
housing units in an amount not to exceed $234,831,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Army in the total amount of $2,935,609,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2101(a),
$803,247,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2101(b),
$345,316,000.
(3) For military construction projects at unspec-
ified worldwide locations authorized by section
2101(c), $4,000,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $21,550,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $158,796,000.
(6) For military family housing functions:
323
(A) For construction and acquisition, plan-
ning and design and improvement of military
family housing and facilities, $278,426,000.
(B) For support of military family housing
(including the functions described in section
2833 
of 
title 
10, 
United 
States 
Code),
$1,122,274,000.
(7) For the construction of phase 3 of a barracks
complex, Butner Road, at Fort Bragg, North Caro-
lina, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2001
(division B of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted
into law by Public Law 106–398; 114 Stat. 1654A–
389), $50,000,000.
(8) For the construction of phase 2 of a barracks
complex, D Street, at Fort Richardson, Alaska, au-
thorized by section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1280),
$21,000,000.
(9) For the construction of phase 2 of a barracks
complex, Nelson Boulevard, at Fort Carson, Colorado,
authorized by section 2101(a) of the Military Con-
struction Authorization Act for Fiscal Year 2002 (di-
326
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2002 PROJECTS.
(a) MODIFICATION.—The table in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107-107; 115 Stat. 1281)
is amended—
(1) in the item relating to Fort Carson, Colo-
rado, by striking ‘‘$66,000,000’’ in the amount col-
umn and inserting ‘‘$67,000,000’’; and
(2) in the item relating to Fort Jackson, South
Carolina, by striking ‘‘$65,650,000’’ in the amount
column and inserting ‘‘$68,650,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104(b) of
that Act (115 Stat. 1284) is amended—
(1) in paragraph (3), by striking ‘‘$41,000,000’’
and inserting ‘‘$42,000,000’’; and
(2) in paragraph (4), by striking ‘‘$36,000,000’’
and inserting ‘‘$39,000,000’’.
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2204(a)(1), the Secretary of the Navy may ac-
quire real property and carry out military construction
327
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona .............................
Marine Corps Air Station, Yuma .............
$3,000,000
California .........................
Auxiliary Landing Field, San Diego
(San Clemente Island) ...........................
$6,150,000
Marine Corps Air-Ground Combat Center,
Twentynine Palms ..................................
$40,870,000
Marine Corps Air Station, Camp Pen-
dleton .......................................................
$31,930,000
Marine Corps Air Station, Miramar ........
$12,210,000
Marine Corps Base, Camp Pendleton .......
$64,040,000
Marine Corps Logistics Base, Barstow .....
$4,450,000
Naval Air Station, Lemoore ......................
$35,855,000
Naval Air Warfare Center, Point Mugu,
San Nicholas Island ...............................
$6,760,000
Naval Air Weapons Station, China Lake
$10,100,000
Naval Post Graduate School, Monterey ....
$9,020,000
Naval Station, San Diego ..........................
$12,210,000
Connecticut ......................
Naval Submarine Base, New London .......
$7,880,000
District of Columbia .......
Marine Corps Barracks ..............................
$3,700,000
Naval District, Washington .......................
$2,690,000
Florida ..............................
Naval Air Base, Jacksonville .....................
$13,342,000
Naval Air Station, Pensacola ....................
$990,000
Naval School Explosive Ordinance De-
tachment, Eglin ......................................
$6,350,000
Naval Station, Mayport .............................
$1,900,000
Whiting Field ..............................................
$1,780,000
Georgia .............................
Naval Submarine Base, Kings Bay ..........
$1,580,000
Hawaii .............................
Naval Shipyard, Pearl Harbor .................
$18,500,000
Naval Station, Pearl Harbor .....................
$14,690,000
Illinois ..............................
Naval Training Center, Great Lakes ........
$93,190,000
Indiana .............................
Crane Naval Surface Weapons Station ....
$11,610,000
Maine ................................
Naval Shipyard, Kittery-Portsmouth .......
$15,200,000
Maryland ..........................
Naval Air Facility, Andrews Air Force
Base .........................................................
$9,680,000
United States Naval Academy ...................
$1,800,000
Mississippi .......................
Naval Air Station, Meridian .....................
$2,850,000
Naval Construction Battalion Center,
Gulfport ...................................................
$5,460,000
Naval Station, Pascagoula .........................
$16,160,000
Nevada ..............................
Naval Air Station, Fallon .........................
$4,010,000
New Jersey .......................
Naval Weapons Center, Lakehurst ............
$5,200,000
Naval Weapons Station Earle, Colts Neck
$5,600,000
North Carolina ................
Marine Corps Air Station, Cherry Point
$10,470,000
Marine Corps Air Station, New River .....
$6,920,000
Marine Corps Base, Camp Lejeune ...........
$9,570,000
Rhode Island ....................
Naval Station, Newport .............................
$6,870,000
South Carolina ................
Marine Corps Air Station, Beaufort .........
$13,700,000
Marine Corps Recruit Depot, Parris Is-
land ..........................................................
$10,490,000
Naval Weapons Station, Charlestown .......
$5,740,000
Texas .................................
Naval Air Station, Corpus Christi ...........
$7,150,000
Naval Air Station Joint Reserve Base,
Fort Worth ..............................................
$8,850,000
Naval Air Station, Kingsville ....................
$6,210,000
Virginia ............................
Dam Neck Fleet Combat Training Center,
Atlantic ....................................................
$3,900,000
Little Creek Naval Amphibious Base ........
$9,770,000
Marine Corps Combat Development Com-
mand, Quantico ......................................
$24,864,000
328
Navy: Inside the United States—Continued
State
Installation or location
Amount
Naval Air Station Oceana .........................
$16,490,000
Naval Shipyard, Norfolk, Portsmouth ......
$19,660,000
Naval Station, Norfolk ...............................
$171,505,000
Naval Surface Warfare Center, Dahlgren
$15,830,000
Naval Weapons Station, Yorktown ...........
$15,020,000
Washington ......................
Naval Air Station, Whidbey Island ..........
$17,580,000
Keyport Naval Undersea Warfare Com-
mand ........................................................
$10,500,000
Naval Magazine, Indian Island ................
$4,030,000
Naval Station, Bremerton ..........................
$45,870,000
Naval Submarine Base, Bangor ................
$22,310,000
Puget Sound Naval Shipyard, Bremerton
$57,132,000
Strategic Weapons Facility, Bangor .........
$7,340,000
Various Locations ............
Host Nation Infrastructure ........................
$1,000,000
Total ....................................................
$1,009,528,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
Country
Installation or location
Amount
Bahrain ............................
Naval Support Activity, Bahrain ...............
$25,970,000
Diego Garcia ....................
Diego Garcia, Naval Support Facility .......
$11,090,000
Greece ................................
Naval Support Activity, Joint Head-
quarters Command, Larissa ....................
$14,800,000
Guam ................................
Commander, United States Naval Forces,
Guam .........................................................
$13,400,000
Iceland ..............................
Naval Air Station, Keflavik ........................
$14,920,000
Italy ..................................
Naval Air Station, Sigonella .......................
$55,660,000
Total ......................................................
$135,840,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(5)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
329
cluding land acquisition and supporting facilities) at the
installations, for the purposes, and in the amounts set forth
in the following table:
Navy: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
California ..................
Naval Air Station,
Lemoore .......................
178 Units .........
$40,981,000
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine Palms
76 Units ...........
$19,425,000
Connecticut ................
Naval Submarine Base,
New London ................
100 Units .........
$24,415,000
Florida .......................
Naval Station, Mayport
1 Unit ...............
$329,000
Hawaii ......................
Marine Corps Base,
Kaneohe Bay ..............
65 Units ...........
$24,797,000
Maine .........................
Naval Air Station,
Brunswick ...................
26 Units ...........
$5,800,000
Mississippi ................
Naval Air Station, Me-
ridian ..........................
56 Units ...........
$9,755,000
North Carolina ..........
Marine Corps Base,
Camp LeJeune ............
317 Units .........
$43,650,000
Virginia .....................
Marine Corps Base,
Quantico ......................
290 Units .........
$41,843,000
United Kingdom ......
Joint Maritime Facility,
St. Mawgan ................
62 Units ...........
$18,524,000
Total .........
$229,519,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriation in
section 2204(a)(5)(A), the Secretary of the Navy may carry
out architectural and engineering services and construction
design activities with respect to the construction or im-
provement of military family housing units in an amount
not to exceed $11,281,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2204(a)(5)(A), the Sec-
330
retary of the Navy may improve existing military family
housing units in an amount not to exceed $136,816,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the
Navy in the total amount of $2,308,007,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2201(a),
$776,806,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2201(b),
$133,270,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $23,262,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $95,745,000.
(5) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $377,616,000.
331
(B) For support of military family housing
(including functions described in section 2833 of
title 10, United States Code), $867,788,000.
(6) For replacement of a pier at Naval Station,
Norfolk, Virginia, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115
Stat. 1287), as amended by section 2205 of this Act,
$33,520,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $48,120,000 (the balance of the amount au-
thorized under section 2201(a) for a bachelors enlisted
quarters shipboard ashore, Naval Station, Norfolk,
Virginia); and
(3) $2,570,000 (the balance of the amount au-
thorized under section 2201(b) for a quality of life
support facility, Naval Air Station Sigonella, Italy).
332
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $1,340,000,
which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and
military family housing support outside the United States
and savings resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2002 PROJECT.
(a) MODIFICATION.—The table in section 2201(a) of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat. 1286)
is amended—
(1) in the item relating to Naval Station, Nor-
folk, Virginia, by striking ‘‘$139,270,000’’ in the
amount column and inserting ‘‘$139,550,000’’; and
(2) by striking the amount identified as the total
in 
the 
amount 
column 
and 
inserting
‘‘$1,059,030,000’’.
(b) CONFORMING AMENDMENT.—Section 2204(b)(2) of
that Act (115 Stat. 1289) is amended by striking
‘‘$33,240,000’’ and inserting ‘‘$33,520,000’’.
333
TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2304(a)(1), the Secretary of the Air Force may
acquire real property and carry out military construction
projects for the installations and locations inside the United
States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama ....................................
Maxwell Air Force Base ......................
$8,000,000
Alaska .......................................
Clear Air Station .................................
$14,400,000
Eielson Air Force Base ........................
$21,600,000
Arizona .....................................
Davis-Monthan Air Force Base ..........
$19,270,000
Luke Air Force Base ............................
$13,000,000
Arkansas ...................................
Little Rock Air Force Base ..................
$25,600,000
California .................................
Beale Air Force Base ...........................
$11,740,000
Travis Air Force Base .........................
$9,600,000
Vandenberg Air Force Base .................
$10,500,000
Colorado ....................................
Buckley Air National Guard Base .....
$17,700,000
Peterson Air Force Base ......................
$2,000,000
Schriever Air Force Base .....................
$5,700,000
United States Air Force Academy ......
$9,400,000
District of Columbia ................
Bolling Air Force Base ........................
$1,500,000
Florida ......................................
Elgin Air Force Base ...........................
$4,250,000
Hurlburt Field ......................................
$15,000,000
McDill Air Force Base .........................
$21,000,000
Tyndall Air Force Base .......................
$8,100,000
Georgia ......................................
Robins Air Force Base .........................
$5,400,000
Hawaii ......................................
Hickam Air Force Base .......................
$1,350,000
Kansas ......................................
McConnell Air Force Base ...................
$7,500,000
Louisiana ..................................
Barksdale Air Force Base ....................
$10,900,000
Maryland ..................................
Andrews Air Force Base ......................
$9,600,000
Massachusetts ...........................
Hanscom Air Force Base .....................
$7,700,000
Mississippi ................................
Keesler Air Force Base .........................
$22,000,000
Nevada ......................................
Nellis Air Force Base ...........................
$37,350,000
New Jersey ................................
McGuire Air Force Base ......................
$24,631,000
New Mexico ...............................
Cannon Air Force Base .......................
$4,650,000
Holloman Air Force Base ....................
$4,650,000
Kirtland Air Force Base ......................
$21,900,000
North Carolina .........................
Pope Air Force Base ............................
$9,700,000
Ohio ...........................................
Wright-Patterson Air Force Base .......
$25,000,000
Oklahoma ..................................
Tinker Air Force Base .........................
$7,500,000
South Carolina .........................
Shaw Air Force Base ...........................
$6,800,000
Texas .........................................
Lackland Air Force Base .....................
$37,300,000
Laughlin Air Force Base .....................
$8,000,000
Sheppard Air Force Base ....................
$24,000,000
Utah ..........................................
Hill Air Force Base .............................
$14,500,000
334
Air Force: Inside the United States—Continued
State
Installation or location
Amount
Virginia ....................................
Langley Air Force Base .......................
$71,940,000
Total ......................................................
$580,731,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the following
table:
Air Force: Outside the United States
Country
Installation or location
Amount
Diego Garcia ............................
Diego Garcia .........................................
$17,100,000
Germany ...................................
Ramstein Air Force Base ....................
$71,783,000
Guam ........................................
Andersen Air Force Base .....................
$31,000,000
Italy ..........................................
Aviano Air Force Base ........................
$6,600,000
Japan ........................................
Kadena Air Force Base .......................
$6,000,000
Korea .........................................
Osan Air Base ......................................
$15,100,000
Spain ........................................
Naval Station, Rota .............................
$31,818,000
Turkey .......................................
Incirlik Air Force Base .......................
$1,550,000
United Kingdom ......................
Royal Air Force, Fairford ...................
$19,000,000
Royal Air Force, Lakenheath ..............
$13,400,000
Wake Island ..............................
Wake Island ..........................................
$24,900,000
Total ..............................................
$238,251,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(3), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installation and location, and in the
amount, set forth in the following table:
Air Force: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide ............
Classified Location ...............................
$32,562,000