241
(h) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on October
1, 2001.
SEC. 705. REIMBURSEMENT OF TRAVEL EXPENSES OF A
PARENT, GUARDIAN, OR RESPONSIBLE FAM-
ILY MEMBER OF A MINOR COVERED BENE-
FICIARY.
Section 1074i of title 10, United States Code, is
amended by adding at the end the following new sentence:
‘‘In any case in which reimbursement of travel expenses
of a covered beneficiary who is a minor and dependent
is required under this section, the Secretary also shall pro-
vide reimbursement for reasonable travel expenses of the
parent or guardian of, or the family member responsible
for, such covered beneficiary.’’.
Subtitle B—Other Matters
SEC. 711. PROHIBITION AGAINST REQUIRING MILITARY RE-
TIREES TO RECEIVE HEALTH CARE SOLELY
THROUGH THE DEPARTMENT OF DEFENSE.
No provision of law (whether enacted before or after
this Act) may be construed as authorizing the Secretary
of Defense to take any action that would require, or have
the effect of requiring, a member or former member of
the Armed Forces who is entitled to retired or retainer
pay to enroll to receive health care from the Federal Gov-
242
ernment only through the Department of Defense. This
section may not be superseded by a subsequent Act unless
that Act—
(1) specifically refers to this section; and
(2) specifically states that such provision of law
supersedes the provisions of this section.
SEC. 712. TRAUMA AND MEDICAL CARE PILOT PROGRAM.
(a) REQUIREMENT TO CONDUCT PILOT PROGRAM.—
The Secretary of Defense shall conduct a pilot program
under which the Brooke Army Medical Center and the
Wilford Hall Air Force Medical Center in San Antonio,
Texas, may charge civilians who are not covered bene-
ficiaries under chapter 55 of title 10, United States Code,
fees representing the actual costs of trauma and other
medical care provided to such civilians using private sector
itemized rates.
(b) USE OF FEES COLLECTED.—(1) The Brooke
Army Medical Center and the Wilford Hall Air Force
Medical Center may use the amounts collected under the
pilot program for—
(A) trauma consortium activities;
(B) administrative, operating, and equipment
costs; and
(C) readiness training.
243
(2) The operating budgets of those medical centers
shall not be reduced as a result of fees collected under
the pilot program.
(c) EFFICIENT PRACTICES.—Under the pilot pro-
gram, the commander of the Brooke Army Medical Center
or Wilford Hall Air Force Medical Center may authorize
the use of funds appropriated to the Department of De-
fense for medical care for trauma and other medical care
provided at such center to civilians described in subsection
(a).
(d) LENGTH OF PILOT PROGRAM.—The pilot pro-
gram under this section shall commence on October 1,
2001, and be conducted for a period of three years.
(e) REPORTS.—The Secretary of Defense shall sub-
mit to Congress not later than October 1st of each of 2002
through 2004 a report describing the progress and effec-
tiveness of the pilot program carried out under this sec-
tion.
SEC. 713. ENHANCEMENT OF MEDICAL PRODUCT DEVELOP-
MENT.
Section 980 of title 10, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘Funds’’; and
(2) by adding at the end the following new sub-
section:
244
‘‘(b) The Secretary of Defense may waive the prohibi-
tion in this section with respect to a specific research
project to advance the development of a medical product
necessary to the armed forces if the research project is
carried out in accordance with all other applicable laws.’’.
SEC. 714. REPEAL OF OBSOLETE REPORT REQUIREMENT.
Section 701 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C.
1074g note) is amended by striking subsection (d).
SEC. 715. CLARIFICATIONS AND IMPROVEMENTS REGARD-
ING THE DEPARTMENT OF DEFENSE MEDI-
CARE-ELIGIBLE 
RETIREE 
HEALTH 
CARE
FUND.
(a) CLARIFICATION REGARDING COVERAGE.—Sub-
section (b) of section 1111 of title 10, United States Code,
is amended to read as follows:
‘‘(b) In this chapter:
‘‘(1) The term ‘Department of Defense retiree
health care programs’ means the provisions of this
title or any other provision of law creating an enti-
tlement to or eligibility for health care under a De-
partment of Defense or uniformed service program
for a member or former member of a participating
uniformed service who is entitled to retired or re-
245
tainer pay, and an eligible dependent under such
program.
‘‘(2) The term ‘eligible dependent’ means a de-
pendent (as such term is defined in section 1072(2)
of this title) described in section 1076(a)(2) (other
than a dependent of a member on active duty),
1076(b), 1086(c)(2), or 1086(c)(3).
‘‘(3) The term ‘medicare-eligible’, with respect
to any person, means entitled to benefits under part
A of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.).
‘‘(4) The term ‘participating uniformed service’
means the Army, Navy, Air Force, and Marine
Corps, and any other uniformed service that is cov-
ered by an agreement entered into under subsection
(c).’’.
(b) PARTICIPATION OF OTHER UNIFORMED SERV-
ICES.—(1) Section 1111 of such title is further amended
by adding at the end the following new subsection:
‘‘(c) The Secretary of Defense may enter into an
agreement with any other administering Secretary (as de-
fined in section 1072(3)) for participation in the Fund by
a uniformed service under the jurisdiction of that Sec-
retary. Any such agreement shall require that Secretary
to make contributions to the Fund on behalf of the mem-
246
bers of the uniformed service under the jurisdiction of that
Secretary comparable to the contributions to the Fund
made by the Secretary of Defense under section 1116, and
such administering Secretary may make such contribu-
tions.’’.
(2) Section 1112 of such title is amended by adding
at the end the following new paragraph:
‘‘(4) Amounts paid into the Fund pursuant to section
1111(c).’’.
(3) Section 1115 of such title is amended—
(A) in subsection (a), by inserting ‘‘partici-
pating’’ before ‘‘uniformed services’’;
(B) in subparagraphs (A)(ii) and (B)(ii) of sub-
section (b)(1), by inserting ‘‘under the jurisdiction of
the Secretary of Defense’’ after ‘‘uniformed serv-
ices’’;
(C) in subsection (b)(2), by inserting ‘‘(or to
the other executive department having jurisdiction
over the participating uniformed service)’’ after ‘‘De-
partment of Defense’’; and
(D) in subparagraphs (A) and (B) of subsection
(c)(1), by inserting ‘‘participating’’ before ‘‘uni-
formed services’’.
(4) Section 1116(a) of such title is amended in para-
graphs (1)(B) and (2)(B) by inserting ‘‘under the jurisdic-
247
tion of the Secretary of Defense’’ after ‘‘uniformed serv-
ices’’.
(c) CLARIFICATION
OF
PAYMENTS
FROM
THE
FUND.—(1) Subsection (a) of section 1113 of such title
is amended to read as follows:
‘‘(a) There shall be paid from the Fund amounts pay-
able for the costs of all Department of Defense retiree
health care programs for the benefit of members or former
members of a participating uniformed service who are en-
titled to retired or retainer pay and are medicare eligible,
and eligible dependents described in section 1111(b)(3)
who are medicare eligible.’’.
(2) Such section is further amended by adding at the
end the following new subsections:
‘‘(c)(1) In carrying out subsection (a), the Secretary
of Defense may transfer periodically from the Fund to ap-
plicable appropriations of the Department of Defense, or
to applicable appropriations of other departments or agen-
cies, such amounts as the Secretary determines necessary
to cover the costs chargeable to those appropriations for
Department of Defense retiree health care programs for
beneficiaries under those programs who are medicare-eligi-
ble. Such transfers may include amounts necessary for the
administration of such programs. Amounts so transferred
shall be merged with and be available for the same pur-
248
poses and for the same time period as the appropriation
to which transferred. Upon a determination that all or
part of the funds transferred from the Fund are not nec-
essary for the purposes for which transferred, such
amounts may be transferred back to the Fund. This trans-
fer authority is in addition to any other transfer authority
that may be available to the Secretary.
‘‘(2) A transfer from the Fund under paragraph (1)
may not be made to an appropriation after the end of the
second fiscal year after the fiscal year that the appropria-
tion is available for obligation. A transfer back to the
Fund under paragraph (1) may not be made after the end
of the second fiscal year after the fiscal year that the ap-
propriation to which the funds were originally transferred
is available for obligation.
‘‘(d) The Secretary of Defense shall by regulation es-
tablish the method or methods for calculating amounts to
be transferred under subsection (c). Such method or meth-
ods may be based (in whole or in part) on a proportionate
share of the volume (measured as the Secretary deter-
mines appropriate) of health care services provided or paid
for under Department of Defense retiree health care pro-
grams for beneficiaries under those programs who are
medicare-eligible in relation to the total volume of health
249
care services provided or paid for under Department of
Defense health care programs.
‘‘(e) The regulations issued by the Secretary under
subsection (d) shall be provided to the Comptroller Gen-
eral not less than 60 days before such regulations become
effective. The Comptroller General shall, not later than 30
days after receiving such regulations, report to the Sec-
retary of Defense and Congress on the adequacy and ap-
propriateness of the regulations.
‘‘(f) If the Secretary of Defense enters into an agree-
ment with another administering Secretary pursuant to
section 1111(c), the Secretary of Defense may take ac-
tions comparable to those described in subsections (c), (d),
and (e) to effect comparable activities in relation to the
beneficiaries and programs of the other participating uni-
formed service.’’.
(d) SOURCE OF FUNDS FOR MONTHLY ACCRUAL
PAYMENTS INTO THE FUND.—Section 1116 of such title
is further amended—
(1) in subsection (a)(2)(B) (as amended by sub-
section (b)(7)), by striking the sentence beginning
‘‘Amounts paid into’’; and
(2) by adding at the end the following new sub-
section:
250
‘‘(c) Amounts paid into the Fund under subsection
(a) shall be paid from funds available for the health care
programs of the participating uniformed services under
the jurisdiction of the respective administering Secre-
taries.’’.
(e) LIMITATION ON TOTAL AMOUNT CONTRIBUTED
DURING A FISCAL YEAR.—Section 1116 of such title is
further amended by adding at the end the following new
subsection:
‘‘(d) In no case may the total amount of monthly con-
tributions to the Fund during a fiscal year under sub-
section (a) exceed the amount paid from the Fund during
such fiscal year under section 1113.’’.
(f) TECHNICAL AMENDMENTS.—(1) The heading for
section 1111 of such title is amended to read as follows:
‘‘§ 1111. Establishment and purpose of Fund; defini-
tions; authority to enter into agree-
ments’’.
(2) The item relating to section 1111 in the table of
sections at the beginning of chapter 56 of such title is
amended to read as follows:
‘‘1111. Establishment and purpose of Fund; definitions; authority to enter into
agreements.’’.
(3) Section 1115(c)(1)(B) of such title is amended
by inserting an open parenthesis before ‘‘other than for
training)’’.
251
(g) EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the enact-
ment of chapter 56 of title 10, United States Code, by
section 713(a)(1) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (Public Law
106–398; 114 Stat. 1654A–179).
(h) FIRST YEAR CONTRIBUTIONS.—With respect to
contributions under section 1116(a) of title 10, United
States Code, for the first year that the Department of De-
fense Medicare-Eligible Retiree Health Care Fund is es-
tablished under chapter 56 of such title, if the Board of
Actuaries is unable to execute its responsibilities with re-
spect to such section, the Secretary of Defense may make
contributions under such section using methods and as-
sumptions developed by the Secretary.
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS
Subtitle A—Acquisition Policy and
Management
SEC. 801. ACQUISITION MILESTONES.
(a) TITLE 10, U.S.C.—Title 10, United States Code,
is amended—
252
(1) in section 2366(c), subsections (b)(3)(A),
(c)(3)(A), and (h)(1) of section 2432, and section
2434(a), by striking ‘‘engineering and manufac-
turing development’’ each place such words appear
and inserting ‘‘system development and demonstra-
tion’’;
(2) in section 2400—
(A) in subsection (a)(2), by striking ‘‘engi-
neering and manufacturing development’’ and
inserting ‘‘system development and demonstra-
tion’’; and
(B) in subsections (a)(1)(A), (a)(2), (a)(4)
and (a)(5), by striking ‘‘milestone II’’ each
place such term appears and inserting ‘‘mile-
stone B’’; and
(3) in section 2435—
(A) in subsection (b), by striking ‘‘engi-
neering and manufacturing development’’ and
inserting ‘‘system development and demonstra-
tion’’;
(B) in subsection (c)(1), by striking ‘‘dem-
onstration and validation’’ and inserting ‘‘sys-
tem development and demonstration’’;
253
(C) in subsection (c)(2), by striking ‘‘engi-
neering and manufacturing development’’ and
inserting ‘‘production and deployment’’; and
(D) in subsection (c)(3), by striking ‘‘pro-
duction and deployment’’ and inserting ‘‘full
rate production’’.
(b) OTHER LAWS.—(1) Section 811(c) of the Floyd
D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted in Public Law 106–398; 114 Stat.
1654A–211) is amended—
(A) by striking ‘‘Milestone I’’ and inserting
‘‘Milestone B’’;
(B) by striking ‘‘Milestone II’’ and inserting
‘‘Milestone C’’; and
(C) by striking ‘‘Milestone III’’ and inserting
‘‘full rate production’’.
(2) Section 8102(b) of the Department of Defense
Appropriations Act, 2001 (Public Law 106–259; 114 Stat.
696) is amended—
(A) by striking ‘‘Milestone I’’ and inserting
‘‘Milestone B’’;
(B) by striking ‘‘Milestone II’’ and inserting
‘‘Milestone C’’; and
(C) by striking ‘‘Milestone III’’ and inserting
‘‘full rate production’’.
254
SEC. 802. ACQUISITION WORKFORCE QUALIFICATIONS.
(a) QUALIFICATIONS.—Section 1724 of title 10,
United States Code, is amended—
(1) in subsection (a)—
(A) by striking the matter preceding para-
graph (1) and inserting the following:
‘‘(a) CONTRACTING OFFICERS.—The Secretary of
Defense shall require that, in order to qualify to serve in
an acquisition position as a contracting officer with au-
thority to award or administer contracts for amounts
above the simplified acquisition threshold referred to in
section 2304(g) of this title, an employee of the Depart-
ment of Defense or member of the armed forces (other
than the Coast Guard) must, except as provided in sub-
sections (c) and (d)—’’;
(B) in paragraph (1)—
(i) by striking ‘‘mandatory’’; and
(ii) by striking ‘‘at the grade level’’
and all that follows and inserting ‘‘(A) in
the case of an employee, serving in the po-
sition within the grade of the General
Schedule in which the employee is serving,
and (B) in the case of a member of the
armed forces, in the member’s grade;’’;
and
255
(C) in paragraph (3)(A), by inserting a
comma after ‘‘business’’;
(2) by striking subsection (b) and inserting the
following new subsection:
‘‘(b) GS–1102 SERIES POSITIONS
AND SIMILAR
MILITARY POSITIONS.—(1) The Secretary of Defense
shall require that in order to qualify to serve in a position
in the Department of Defense that is in the GS–1102 oc-
cupational series an employee or potential employee of the
Department of Defense meet the requirements set forth
in paragraph (3) of subsection (a). The Secretary may not
require that in order to serve in such a position an em-
ployee or potential employee meet any of the requirements
of paragraphs (1) and (2) of that subsection.
‘‘(2) The Secretary of Defense shall require that in
order for a member of the armed forces to be selected for
an occupational specialty within the armed forces that (as
determined by the Secretary) is similar to the GS–1102
occupational series a member of the armed forces meet
the requirements set forth in paragraph (3) of subsection
(a). The Secretary may not require that in order to be
selected for such an occupational specialty a member meet
any of the requirements of paragraphs (1) and (2) of that
subsection.’’; and
256
(3) by striking subsections (c) and (d) inserting
the following new subsections:
‘‘(c) EXCEPTIONS.—The qualification requirements
imposed by the Secretary of Defense pursuant to sub-
sections (a) and (b) shall not apply to an employee of the
Department of Defense or member of the armed forces
who—
‘‘(1) served as a contracting officer with author-
ity to award or administer contracts in excess of the
simplified acquisition threshold on or before Sep-
tember 30, 2000;
‘‘(2) served, on or before September 30, 2000,
in a position either as an employee in the GS–1102
series or as a member of the armed forces in similar
occupational specialty;
‘‘(3) is in the contingency contracting force; or
‘‘(4) is described in subsection (e)(1)(B).
‘‘(d) WAIVER.—The acquisition career program
board concerned may waive any or all of the requirements
of subsections (a) and (b) with respect to an employee of
the Department of Defense or member of the armed forces
if the board certifies that the individual possesses signifi-
cant potential for advancement to levels of greater respon-
sibility and authority, based on demonstrated job perform-
ance and qualifying experience. With respect to each waiv-
257
er granted under this subsection, the board shall set forth
in a written document the rationale for its decision to
waive such requirements. Such document shall be sub-
mitted to and retained by the Director of Acquisition Edu-
cation, Training, and Career Development.
‘‘(e) DEVELOPMENTAL OPPORTUNITIES.—(1) The
Secretary of Defense may—
‘‘(A) establish or continue one or more pro-
grams for the purpose of recruiting, selecting, ap-
pointing, educating, qualifying, and developing the
careers of individuals to meet the requirements in
subparagraphs (A) and (B) of subsection (a)(3);
‘‘(B) appoint individuals to developmental posi-
tions in those programs; and
‘‘(C) separate from the civil service after a
three-year probationary period any individual ap-
pointed under this subsection who, as determined by
the Secretary, fails to complete satisfactorily any
program described in subparagraph (A).
‘‘(2) To qualify for any developmental program de-
scribed in paragraph (1)(A), an individual shall have—
‘‘(A) been awarded a baccalaureate degree from
an accredited institution of higher education author-
ized to grant baccalaureate degrees; or
258
‘‘(B) completed at least 24 semester credit
hours or the equivalent of study from an accredited
institution of higher education in any of the dis-
ciplines of accounting, business, finance, law, con-
tracts, purchasing, economics, industrial manage-
ment, marketing, quantitative methods, or organiza-
tion and management.
‘‘(f) CONTINGENCY CONTRACTING FORCE.—The Sec-
retary shall establish qualification requirements for the
contingency contracting force consisting of members of the
armed forces whose mission is to deploy in support of con-
tingency operations and other operations of the Depart-
ment of Defense, including—
‘‘(1) completion of at least 24 semester credit
hours or the equivalent of study from an accredited
institution of higher education or similar educational
institution in any of the disciplines of accounting,
business, finance, law, contracts, purchasing, eco-
nomics, industrial management, marketing, quan-
titative methods, or organization and management;
or
‘‘(2) passage of an examination that dem-
onstrates skills, knowledge, or abilities comparable
to that of an individual who has completed at least
24 semester credit hours or the equivalent of study
259
in any of the disciplines described in paragraph
(1).’’.
(b) CLERICAL AMENDMENT.—Section 1732(c)(2) of
such title is amended by inserting a comma after ‘‘busi-
ness’’.
SEC. 803. TWO-YEAR EXTENSION OF PROGRAM APPLYING
SIMPLIFIED PROCEDURES TO CERTAIN COM-
MERCIAL ITEMS.
Section 4202(e) of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104–106; 110 Stat. 654;
10 U.S.C. 2304 note) is amended by striking ‘‘January
1, 2002’’ and inserting ‘‘January 1, 2004’’.
SEC. 804. CONTRACTS FOR SERVICES TO BE PERFORMED
OUTSIDE THE UNITED STATES.
(a) IN GENERAL.—Chapter 141 of title 10, United
States Code, is amended by inserting after section 2381
the following new section:
‘‘§ 2382. Contracts for services to be performed out-
side the United States
‘‘The Secretary of Defense may enter into contracts
to employ individuals or organizations to perform services
in countries other than the United States without regard
to laws regarding the negotiation, making, and perform-
ance of contracts and performance of work in the United
States. Individuals employed by contract to perform such
260
services shall not by virtue of such employment be consid-
ered to be employees of the United States Government for
purposes of any law administered by the Office of Per-
sonnel Management, but the Secretary may determine the
applicability to such individuals of any other law adminis-
tered by the Secretary concerning the employment of such
individuals in countries other than 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 2381 the following new
item:
‘‘2382. Contracts for services to be performed outside the United States.’’.
SEC. 805. CODIFICATION AND MODIFICATION OF ‘‘BERRY
AMENDMENT’’ REQUIREMENTS.
(a) 
BERRY
AMENDMENT
REQUIREMENTS.—(1)
Chapter 148 of title 10, United States Code, is amended
by inserting after section 2533 the following new section:
‘‘§ 2533a. Requirement to buy certain articles from
American sources; exceptions
‘‘(a) REQUIREMENT.—Except as provided in sub-
sections (c) through (g), funds appropriated or otherwise
available to the Department of Defense may not be used
for the procurement of an item described in subsection (b)
if the item is not grown, reprocessed, reused, or produced
in the United States.
261
‘‘(b) COVERED ITEMS.—An item referred to in sub-
section (a) is any of the following:
‘‘(1) An article or item of—
‘‘(A) food;
‘‘(B) clothing;
‘‘(C) tents, tarpaulins, parachutes, or cov-
ers;
‘‘(D) cotton and other natural fiber prod-
ucts, woven silk or woven silk blends, spun silk
yarn for cartridge cloth, synthetic fabric or
coated synthetic fabric (including all textile fi-
bers and yarns that are for use in such fabrics),
canvas products, or wool (whether in the form
of fiber or yarn or contained in fabrics, mate-
rials, or manufactured articles); or
‘‘(E) any item of individual equipment
manufactured from or containing such fibers,
yarns, fabrics, or materials.
‘‘(2) Specialty metals, including stainless steel
flatware.
‘‘(3) Hand or measuring tools.
‘‘(c) EXCEPTION.—The Secretary of Defense or the
Secretary of the military department concerned may waive
the requirement in subsection (a) if—
262
‘‘(1) such Secretary determines that satisfac-
tory quality and sufficient quantity of any such arti-
cle or item described in subsection (b)(1) or spe-
cialty metals (including stainless steel flatware)
grown, reprocessed, reused, or produced in the
United States cannot be procured as and when need-
ed at United States market prices;
‘‘(2) such Secretary has provided notice to the
public regarding the waiver;
‘‘(3) such Secretary has notified the Commit-
tees on Appropriations, Armed Services, and Small
Business of the House of Representatives and the
Senate regarding the waiver and provided a jus-
tification to such committees for the waiver; and
‘‘(4) 30 days have elapsed since the date of the
notification of such committees.
‘‘(d) EXCEPTION
FOR
CERTAIN
PROCUREMENTS
OUTSIDE THE UNITED STATES.—Subsection (a) does not
apply to the following:
‘‘(1) Procurements outside the United States in
support of combat operations.
‘‘(2) Procurements by vessels in foreign waters.
‘‘(3) Emergency procurements or procurements
of perishable foods by an establishment located out-
263
side the United States for the personnel attached to
such establishment.
‘‘(e) EXCEPTION
FOR
SPECIALTY
METALS
AND
CHEMICAL
WARFARE
PROTECTIVE
CLOTHING.—Sub-
section (a) does not preclude the procurement of specialty
metals or chemical warfare protective clothing produced
outside the United States if—
‘‘(1) such procurement is necessary—
‘‘(A) to comply with agreements with for-
eign governments requiring the United States
to purchase supplies from foreign sources for
the purposes of offsetting sales made by the
United States Government or United States
firms under approved programs serving defense
requirements; or
‘‘(B) in furtherance of agreements with
foreign governments in which both such govern-
ments agree to remove barriers to purchases of
supplies produced in the other country or serv-
ices performed by sources of the other country;
and
‘‘(2) any such agreement with a foreign govern-
ment complies, where applicable, with the require-
ments of section 36 of the Arms Export Control Act
(22 U.S.C. 2776) and with section 2457 of this title.
264
‘‘(f) EXCEPTION FOR CERTAIN FOODS.—Subsection
(a) does not preclude the procurement of foods manufac-
tured or processed in the United States.
‘‘(g) EXCEPTION
FOR SMALL PURCHASES.—Sub-
section (a) does not apply to purchases for amounts not
greater than the simplified acquisition threshold referred
to in section 2304(g) of this title.
‘‘(h) APPLICABILITY
TO
CONTRACTS
AND
SUB-
CONTRACTS
FOR
PROCUREMENT
OF
COMMERCIAL
ITEMS.—This section is applicable to contracts and sub-
contracts for the procurement of commercial items not-
withstanding section 34 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 430).
‘‘(i) GEOGRAPHIC COVERAGE.—In this section, the
term ‘United States’ includes the commonwealths, terri-
tories, and possessions of the United States.
‘‘(j) EXCEPTION FOR COMMISSARIES, EXCHANGES,
AND OTHER NONAPPROPRIATED FUND INSTRUMENTAL-
ITIES.—Subsection (a) does not apply to items purchased
for resale purposes in commissaries, military exchanges,
or nonappropriated fund instrumentalities operated by the
military departments or the Department of Defense.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2533 the following new item:
265
‘‘2533a. Requirement to buy certain articles from American sources; excep-
tions.’’.
(b) REPEAL OF SOURCE PROVISIONS.—The following
provisions of law are repealed:
(1) Section 9005 of the Department of Defense
Appropriations Act, 1993 (Public Law 102–396; 10
U.S.C. 2241 note).
(2) Section 8109 of the Department of Defense
Appropriations Act, 1997 (as contained in section
101(b) of Public Law 104–208; 110 Stat. 3009–
111; 10 U.S.C. 2241 note).
SEC. 806. INCREASE OF ASSISTANCE LIMITATION REGARD-
ING PROCUREMENT TECHNICAL ASSISTANCE
PROGRAMS.
Section 2414(a)(1) of title 10, United States Code,
is amended by striking ‘‘$300,000’’ and inserting
‘‘$600,000’’.
SEC. 807. STUDY OF CONTRACT CONSOLIDATIONS.
The Secretary of Defense, in consultation with the
Comptroller General of the United States, shall develop
a database to track contract consolidations which consoli-
date 2 or more contracts previously awarded by the De-
partment of Defense to small business concerns. The data-
base shall contain, at a minimum, the names and address-
es of the businesses to which the contracts that were con-
solidated were previously awarded, the rationale for con-
266
solidating the contracts, and the monetary benefit pro-
jected to be realized by the contract consolidation. Not
later than December 1st of each year, the Secretary of
Defense shall submit a report regarding the information
contained in such database to the Committees on Armed
Services of the House of Representatives and the Senate,
the Committee on Small Business of the House of Rep-
resentatives, and the Committee on Small Business and
Entrepreneurship of the Senate.
Subtitle B—Erroneous Payments
Recovery
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ‘‘Erroneous Pay-
ments Recovery Act of 2001’’.
SEC. 812. IDENTIFICATION OF ERRORS MADE BY EXECU-
TIVE AGENCIES IN PAYMENTS TO CONTRAC-
TORS AND RECOVERY OF AMOUNTS ERRO-
NEOUSLY PAID.
(a) PROGRAM REQUIRED.—The head of each execu-
tive agency that enters into contracts with a total value
in excess of $500,000,000 in a fiscal year shall carry out
a cost-effective program for identifying any errors made
in paying the contractors and for recovering any amounts
erroneously paid to the contractors.
267
(b) RECOVERY AUDITS AND ACTIVITIES.—A program
of an executive agency under subsection (a) shall include
recovery audits and recovery activities. The head of the
executive agency shall determine, in accordance with guid-
ance provided under subsection (c), the classes of con-
tracts to which recovery audits and recovery activities are
appropriately applied.
(c) OMB GUIDANCE.—The Director of the Office of
Management and Budget shall issue guidance for the con-
duct of programs under subsection (a). The guidance shall
include the following:
(1) Definitions of the terms ‘‘recovery audit’’
and ‘‘recovery activity’’ for the purposes of the pro-
grams.
(2) The classes of contracts to which recovery
audits and recovery activities are appropriately ap-
plied under the programs.
(3) Protections for the confidentiality of—
(A) sensitive financial information that has
not been released for use by the general public;
and
(B) information that could be used to iden-
tify a person.
268
(4) Policies and procedures for ensuring that
the implementation of the programs does not result
in duplicative audits of contractor records.
(5) Policies regarding the types of contracts ex-
ecutive agencies may use for the procurement of re-
covery services, including guidance for use, in appro-
priate circumstances, of a contingency contract pur-
suant to which the head of an executive agency may
pay a contractor an amount equal to a percentage
of the total amount collected for the United States
pursuant to that contract.
(6) Protections for a contractor’s records and
facilities through restrictions on the authority of a
contractor under a contract for the procurement of
recovery services for an executive agency—
(A) to require the production of any record
or information by any person other than an of-
ficer, employee, or agent of the executive agen-
cy;
(B) to establish, or otherwise have, a phys-
ical presence on the property or premises of any
private sector entity for the purposes of per-
forming the contract; or
269
(C) to act as agents for the Government in
the recovery of funds erroneously paid to con-
tractors.
(7) Policies for the appropriate types of man-
agement improvement programs authorized by sec-
tion 815 that executive agencies may carry out to
address overpayment problems and the recovery of
overpayments.
SEC. 813. DISPOSITION OF RECOVERED FUNDS.
(a) AVAILABILITY OF FUNDS FOR RECOVERY AUDITS
AND ACTIVITIES PROGRAM.—Funds collected under a pro-
gram carried out by an executive agency under section 812
shall be available to the executive agency, in such amounts
as are provided in advance in appropriations Acts, for the
following purposes:
(1) To reimburse the actual expenses incurred
by the executive agency in the administration of the
program.
(2) To pay contractors for services under the
program in accordance with the guidance issued
under section 812(c)(5).
(b) FUNDS
NOT
USED
FOR
PROGRAM.—Any
amounts erroneously paid by an executive agency that are
recovered under such a program of an executive agency
270
and are not used to reimburse expenses or pay contractors
under subsection (a)—
(1) shall be credited to the appropriations from
which the erroneous payments were made that re-
main available for obligation as of the time such
amounts were collected, shall be merged with other
amounts in those appropriations, and shall be avail-
able for the purposes and period for which such ap-
propriations are available; or
(2) if no such appropriation remains available
for obligation at that time, shall be disposed of as
provided in subsection (c).
(c) OTHER DISPOSITIONS.—Of the total amount col-
lected under such a program of an executive agency that
is to be disposed of under this subsection—
(1) up to 25 percent of such amount may be ex-
pended by the head of the executive agency for car-
rying out any management improvement program of
the executive agency under section 815; and
(2) the remainder of that total amount, includ-
ing any amount not expended under paragraph (1),
shall be deposited in the Treasury as miscellaneous
receipts.
(d) PRIORITY
OF OTHER AUTHORIZED DISPOSI-
TIONS.—Notwithstanding subsections (b) and (c), the au-
272
(1) any otherwise applicable provisions of Office
of Management and Budget Circular A–76; and
(2) any other applicable provision of law or reg-
ulation with respect to the selection between employ-
ees of the United States and private sector sources
for the performance of services.
SEC. 815. MANAGEMENT IMPROVEMENT PROGRAMS.
In accordance with guidance provided by the Director
of the Office of Management and Budget under section
812, the head of an executive agency required to carry
out a program under section 812 may carry out a program
for improving management processes within the executive
agency—
(1) to address problems that contribute directly
to the occurrence of errors in the paying of contrac-
tors of the executive agency; or
(2) to improve the recovery of overpayments
due to the agency.
SEC. 816. REPORTS.
(a) REQUIREMENT FOR REPORTS.—Not later than
30 months after the date of the enactment of this Act,
and annually for each of the first two years following the
year of the first report, the Director of the Office of Man-
agement and Budget shall submit to the Committee on
Government Reform of the House of Representatives and
273
the Committee on Governmental Affairs of the Senate, a
report on the implementation of this subtitle.
(b) CONTENT.—Each report shall include—
(1) a general description and evaluation of the
steps taken by the heads of executive agencies to
carry out the programs under this subtitle, including
any management improvement programs carried out
under section 815;
(2) the costs incurred by executive agencies to
carry out the programs under this subtitle; and
(3) the amounts recovered under the programs
under this subtitle.
SEC. 817. RELATIONSHIP TO AUTHORITY OF INSPECTORS
GENERAL.
Nothing in this subtitle shall be construed as impair-
ing the authority of an Inspector General under the In-
spector General Act of 1978 or any other provision of law.
SEC. 818. PRIVACY PROTECTIONS.
(a) PROHIBITION.—Any nongovernmental entity
that, in the course of recovery auditing or recovery activity
under this subtitle, obtains information that identifies an
individual or with respect to which there is a reasonable
basis to believe that the information can be used to iden-
tify an individual, may not disclose the information for
any purpose other than such recovery auditing or recovery
274
activity and governmental oversight of such activity, un-
less disclosure for that other purpose is authorized by the
individual to the executive agency that contracted for the
performance of the recovery auditing or recovery activity.
(b) LIABILITY.—Any person that violates subsection
(a) shall be liable for any damages (including nonpecu-
niary damages), costs, and attorneys fees incurred by the
individual as a result of the violation.
SEC. 819. DEFINITION.
In this subtitle, the term ‘‘executive agency’’ has the
meaning given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND
MANAGEMENT
SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISI-
TION AND SUPPORT WORKFORCE
(a) REDUCTION
OF DEFENSE ACQUISITION
AND
SUPPORT WORKFORCE.—The Secretary of Defense shall
accomplish reductions in defense acquisition and support
personnel positions during fiscal year 2002 so that the
total number of such personnel as of October 1, 2002, is
less than the total number of such personnel as of October
1, 2001, by at least 13,000.
275
(b) 
DEFENSE
ACQUISITION
WORKFORCE
DE-
FINED.—For purposes of this section, the term ‘‘defense
acquisition and support personnel’’ has the meaning given
that term in section 931(d) of the Strom Thurmond Na-
tional Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261; 112 Stat. 2106).
SEC. 902. SENSE OF CONGRESS ON ESTABLISHMENT OF AN
OFFICE OF TRANSFORMATION IN THE DE-
PARTMENT OF DEFENSE.
(a) FINDINGS.—Congress finds the following:
(1) The Armed Forces should give careful con-
sideration to implementating transformation to meet
operational challenges and exploit opportunities re-
sulting from changes in the threat environment and
the emergence of new technologies.
(2) A 1999 Defense Science Board report on
transformation concluded that there was no overall
Department of Defense vision for transformation, no
road map, no metrics to measure progress, and little
sense of urgency.
(3) Historic case studies have shown that with-
in the military, as well as commercial enterprises,
successful transformation must be directed from the
highest levels of an organization.
276
(b) SENSE OF CONGRESS ON ESTABLISHMENT OF
OFFICE OF TRANSFORMATION.—It is the sense of Con-
gress that the Secretary of Defense should consider the
establishment of an Office of Transformation within the
Office of the Secretary of Defense to advise the Secretary
on—
(1) development of force transformation strate-
gies to ensure that the military of the future is pre-
pared to dissuade potential military competitors and,
if that fails, to fight and win decisively across the
spectrum of future conflict;
(2) ensuring a continuous and broadly focused
transformation process;
(3) service and joint acquisition and experimen-
tation efforts, funding for experimentation efforts,
promising operational concepts and technologies, and
other transformation activities, as appropriate; and
(4) development of service and joint operational
concepts, transformation implementation strategies,
and risk management strategies.
(c) SENSE OF CONGRESS ON FUNDING.—It is the
sense of Congress that the Secretary of Defense should
consider providing funding adequate for sponsoring selec-
tive prototyping efforts, wargames, and studies and anal-
yses and for appropriate staffing, as recommended by the
277
director of an Office of Transformation as described in
subsection (b).
SEC. 903. REVISED JOINT REPORT ON ESTABLISHMENT OF
NATIONAL 
COLLABORATIVE 
INFORMATION
ANALYSIS CAPABILITY.
(a) REVISED REPORT.—At the same time as the sub-
mission of the budget for fiscal year 2003 under section
1105 of title 31, United States Code, the Secretary of De-
fense and the Director of Central Intelligence shall submit
to the congressional defense committees and the congres-
sional intelligence committees a revised report assessing
alternatives for the establishment of a national collabo-
rative information analysis capability.
(b) MATTERS INCLUDED.—The revised report shall
cover the same matters required to be included in the
DOD/CIA report, except that the alternative architectures
assessed in the revised report shall be limited to architec-
tures that include the participation of all Federal agencies
involved in the collection of intelligence. The revised report
shall also include a draft of legislation sufficient to carry
out the preferred architecture identified in the revised re-
port.
(c) OFFICIALS TO BE CONSULTED.—The revised re-
port shall be prepared after consultation with all appro-
priate Federal officials, including the following:
278
(1) The Secretary of the Treasury.
(2) The Secretary of Commerce.
(3) The Secretary of State.
(4) The Attorney General.
(5) The Director of the Federal Bureau of In-
vestigation.
(6) The Administrator of the Drug Enforce-
ment Administration.
(7) The Director of the Defense Threat Reduc-
tion Agency.
(8) The Director of the Defense Information
Systems Agency.
(d) DOD/CIA REPORT DEFINED.—In this section,
the term ‘‘DOD/CIA report’’ means the joint report re-
quired by section 933 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as en-
acted into law by Public Law 106–398; 114 Stat. 1654A–
237).
SEC. 904. ELIMINATION OF TRIENNIAL REPORT BY CHAIR-
MAN OF THE JOINT CHIEFS OF STAFF ON
ROLES 
AND 
MISSIONS 
OF 
THE 
ARMED
FORCES.
(a) REPEAL OF REQUIREMENT FOR SEPARATE RE-
PORT BY CHAIRMAN OF THE JOINT CHIEFS OF STAFF.—
279
Section 153 of title 10, United States Code, is amended
by striking subsection (b).
(b) ROLES AND MISSIONS CONSIDERED AS PART OF
DEFENSE QUADRENNIAL REVIEW.—Subsection 118(e) of
such title is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Upon the com-
pletion’’;
(2) by designating the second and third sen-
tences as paragraph (3); and
(3) by inserting after paragraph (1), as des-
ignated by paragraph (1) of this subsection, the fol-
lowing new paragraph:
‘‘(2) As part of his assessment under paragraph (1),
the Chairman shall provide his assessment of the assign-
ment of functions (or roles and missions) to the armed
forces and such recommendations for changes thereto as
the Chairman considers necessary to achieve maximum ef-
ficiency of the armed forces. In preparing such assess-
ment, the Chairman shall consider (among other matters)
the following:
‘‘(A) Unnecessary duplication of effort among
the armed forces.
‘‘(B) Changes in technology that can be applied
effectively to warfare.’’.
280
SEC. 905. REPEAL OF REQUIREMENT FOR SEMIANNUAL RE-
PORTS THROUGH MARCH 2003 ON ACTIVITIES
OF JOINT REQUIREMENTS OVERSIGHT COUN-
CIL.
Section 916 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–231) is re-
pealed.
SEC. 906. CORRECTION OF REFERENCES TO AIR MOBILITY
COMMAND.
(a) REFERENCES
IN TITLE 10, UNITED STATES
CODE.—Sections 2554(d) and 2555(a) of title 10, United
States Code, are each amended by striking ‘‘Military Air-
lift Command’’ and inserting ‘‘Air Mobility Command’’.
(b) REPEAL
OF OBSOLETE PROVISION.—Section
8074 of such title is amended by striking subsection (c).
(c) REFERENCES
IN TITLE 37, UNITED STATES
CODE.—Sections 430(c) and 432(b) of title 37, United
States Code, are each amended by striking ‘‘Military Air-
lift Command’’ and inserting ‘‘Air Mobility Command’’.
SEC. 907. ORGANIZATIONAL ALIGNMENT CHANGE FOR DI-
RECTOR FOR EXPEDITIONARY WARFARE.
Section 5038(a) of title 10, United States Code, is
amended by striking ‘‘Office of the Deputy Chief of Naval
Operations for Resources, Warfare Requirements, and As-
sessments’’ and inserting ‘‘office of the Deputy Chief of
281
Naval Operations with responsibility for warfare require-
ments and programs’’.
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 Sec-
retary may transfer amounts of authorizations made avail-
able to the Department of Defense in this division for fis-
cal year 2002 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and be
available for the same purposes as the authorization to
which transferred.
(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
section 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
282
(2) may not be used to provide authority for an
item that has been denied authorization by Con-
gress.
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the
amount authorized for the account to which the amount
is transferred by an amount equal to the amount trans-
ferred.
(d) NOTICE
TO CONGRESS.—The Secretary shall
promptly notify Congress of each transfer made under
subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX.—The Classified
Annex prepared by the Committee on Armed Services of
the House of Representatives to accompany its report on
the bill H.R. 2586 of the One Hundred Seventh Congress
and transmitted to the President is hereby incorporated
into this Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS OF
ACT.—The amounts specified in the Classified Annex are
not in addition to amounts authorized to be appropriated
by other provisions of this Act.
(c) LIMITATION ON USE OF FUNDS.—Funds appro-
priated pursuant to an authorization contained in this Act
283
that are made available for a program, project, or activity
referred to in the Classified Annex may only be expended
for such program, project, or activity in accordance with
such terms, conditions, limitations, restrictions, and re-
quirements as are set out for that program, project, or
activity in the Classified Annex.
(d) DISTRIBUTION
OF CLASSIFIED ANNEX.—The
President shall provide for appropriate distribution of the
Classified Annex, or of appropriate portions of the annex,
within the executive branch of the Government.
SEC. 1003. LIMITATION ON FUNDS FOR BOSNIA AND
KOSOVO PEACEKEEPING OPERATIONS FOR
FISCAL YEAR 2002.
(a) LIMITATION.—Of the amounts authorized to be
appropriated by section 301(24) for the Overseas Contin-
gency Operations Transfer Fund—
(1) no more than $1,315,600,000 may be obli-
gated for incremental costs of the Armed Forces for
Bosnia peacekeeping operations; and
(2) no more than $1,528,600,000 may be obli-
gated for incremental costs of the Armed Forces for
Kosovo peacekeeping operations.
(b) PRESIDENTIAL WAIVER.—The President may
waive the limitation in subsection (a)(1), or the limitation
284
in subsection (a)(2), after submitting to Congress the fol-
lowing:
(1) The President’s written certification that
the waiver is necessary in the national security inter-
ests of the United States.
(2) The President’s written certification that
exercising the waiver will not adversely affect the
readiness of United States military forces.
(3) A report setting forth the following:
(A) The reasons that the waiver is nec-
essary in the national security interests of the
United States.
(B) The specific reasons that additional
funding is required for the continued presence
of United States military forces participating
in, or supporting, Bosnia peacekeeping oper-
ations, or Kosovo peacekeeping operations, as
the case may be, for fiscal year 2002.
(C) A discussion of the impact on the mili-
tary readiness of United States Armed Forces
of the continuing deployment of United States
military forces participating in, or supporting,
Bosnia peacekeeping operations, or Kosovo
peacekeeping operations, as the case may be.
285
(4) A supplemental appropriations request for
the Department of Defense for such amounts as are
necessary for the additional fiscal year 2002 costs
associated with United States military forces partici-
pating in, or supporting, Bosnia or Kosovo peace-
keeping operations.
(c) PEACEKEEPING OPERATIONS DEFINED.—For the
purposes of this section:
(1) The term ‘‘Bosnia peacekeeping operations’’
has the meaning given such term in section 1004(e)
of the Strom Thurmond National Defense Author-
ization Act for Fiscal Year 1999 (Public Law 105–
261; 112 Stat. 2112).
(2) 
The 
term 
‘‘Kosovo 
peacekeeping
operations’’—
(A) means the operation designated as Op-
eration Joint Guardian and any other operation
involving the participation of any of the Armed
Forces in peacekeeping or peace enforcement
activities in and around Kosovo; and
(B) includes, with respect to Operation
Joint Guardian or any such other operation,
each activity that is directly related to the sup-
port of the operation.
286
SEC. 1004. INCREASE IN LIMITATIONS ON ADMINISTRATIVE
AUTHORITY OF THE NAVY TO SETTLE ADMI-
RALTY CLAIMS.
(a) ADMIRALTY
CLAIMS
AGAINST
THE
UNITED
STATES.—Section 7622 of title 10, United States Code,
is amended—
(1) in subsections (a) and (b), by striking
‘‘$1,000,000’’ and inserting ‘‘$15,000,000’’; and
(2) in subsection (c), by striking ‘‘$100,000’’
and inserting ‘‘$1,000,000’’.
(b) ADMIRALTY CLAIMS BY THE UNITED STATES.—
Section 7623 of such title is amended—
(1) 
in 
subsection 
(a)(2), 
by 
striking
‘‘$1,000,000’’ and inserting ‘‘$15,000,000’’; and
(2) in subsection (c), by striking ‘‘$100,000’’
and inserting ‘‘$1,000,000’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to any claim accruing
on or after February 1, 2001.
Subtitle B—Naval Vessels
SEC. 1011. REVISION IN TYPES OF EXCESS NAVAL VESSELS
FOR WHICH APPROVAL BY LAW IS REQUIRED
FOR DISPOSAL TO FOREIGN NATIONS.
(a) REVISION
IN
VESSEL
THRESHOLD.—Section
7307 of title 10, United States Code, is amended—
287
(1) in subsection (a), by striking ‘‘A naval ves-
sel’’ and inserting ‘‘Except as provided in subsection
(b), a combatant naval vessel’’;
(2) by redesignating subsection (b) as sub-
section (c);
(3) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) TREATMENT OF VESSELS HELD BY FOREIGN
NATIONS BY LOAN OR LEASE.—Subsection (a) shall not
apply to the disposal to another nation of a vessel de-
scribed in that subsection that, at the time of the disposal,
is held by the nation to which the disposal is to be made
pursuant to a loan or lease arrangement made under sec-
tion 61 of the Arms Export Control Act (22 U.S.C. 2796)
or any other provision of law.’’; and
(4) by adding after subsection (c), as redesig-
nated by paragraph (2), the following new sub-
section:
‘‘(d) INAPPLICABILITY
OF VESSEL DISPOSALS
TO
AGGREGATE ANNUAL VALUE LIMITATIONS.—The value of
a vessel transferred to another country under an applica-
ble provision of law as described in subsection (c) shall
not be counted for the purposes of any aggregate limit
on the value of articles transferred to other countries
288
under that provision of law during any year (or other ap-
plicable period of time).’’.
(b) TECHNICAL AMENDMENTS.—Subsection (a) of
such section is further amended—
(1) by striking ‘‘LARGER OR NEWER’’ in the
subsection heading and inserting ‘‘CERTAIN COM-
BATANT; and
(2) by striking ‘‘approved by law enacted after
August 5, 1974’’ and inserting ‘‘specifically ap-
proved by law’’.
Subtitle C—Counter-Drug
Activities
SEC. 1021. EXTENSION OF REPORTING REQUIREMENT RE-
GARDING DEPARTMENT OF DEFENSE EX-
PENDITURES 
TO 
SUPPORT 
FOREIGN
COUNTER-DRUG ACTIVITIES.
Section 1022 of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted
by Public Law 106–398; 114 Stat. 1654A–255) is
amended—
(1) by inserting ‘‘and April 15, 2002,’’ after
‘‘January 1, 2001,’’; and
(2) by striking ‘‘fiscal year 2000’’ and inserting
‘‘the preceding fiscal year’’.
289
SEC. 1022. AUTHORITY TO TRANSFER TRACKER AIRCRAFT
CURRENTLY USED BY ARMED FORCES FOR
COUNTER-DRUG PURPOSES.
(a) TRANSFER AUTHORITY.—The Secretary of De-
fense may transfer to the administrative jurisdiction and
operational control of another Federal agency all Tracker
aircraft in the inventory of the Department of Defense.
(b) EFFECT OF FAILURE TO TRANSFER.—If the
transfer authority provided by subsection (a) is not exer-
cised by the Secretary of Defense by September 30, 2002,
any Tracker aircraft remaining in the inventory of the De-
partment of Defense may not be used by the Armed
Forces for counter-drug purposes after that date.
SEC. 1023. AUTHORITY TO TRANSFER TETHERED AERO-
STAT RADAR SYSTEM CURRENTLY USED BY
ARMED FORCES FOR COUNTER-DRUG PUR-
POSES.
(a) TRANSFER AUTHORITY.—The Secretary of De-
fense may transfer to the administrative jurisdiction and
operational control of another Federal agency the Teth-
ered Aerostat Radar System currently used by the Armed
Forces in maritime, air, and land counter-drug detection
and monitoring.
(b) EFFECT OF FAILURE TO TRANSFER.—If the
transfer authority provided by subsection (a) is not exer-
cised by the Secretary of Defense by September 30, 2002,
290
the Tethered Aerostat Radar System may not be used by
the Armed Forces for counter-drug purposes after that
date.
SEC. 1024. 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 Defense 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 and drug
traffickers into the United States; and
‘‘(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.
291
‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment
of members under subsection (a) may occur only if—
‘‘(1) the assignment is at the request of the At-
torney General, in the case of an assignment to the
Immigration 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
accompanied by a certification by the President that
the assignment of members pursuant to the request
is necessary to respond to a threat to national secu-
rity posed by the entry into the United States of ter-
rorists 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
the border areas in which the members may perform du-
ties under an assignment under subsection (a). A member
may not be deployed at a border location pursuant to an
assignment under subsection (a) until the member has
successfully completed the training program.
292
‘‘(d) CONDITIONS OF USE.—(1) Whenever a member
who is assigned under subsection (a) to assist the Immi-
gration and Naturalization Service or the United States
Customs Service is performing duties at a border location
pursuant to the assignment, a civilian law enforcement of-
ficer 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
similar law enforcement activity or to make an ar-
rest; 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
accompanied by a certification by the President that the
assignment of members pursuant to the request to estab-
lish a joint task force is necessary to respond to a threat
to national 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.
293
‘‘(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 mem-
bers are to be deployed pursuant to an assignment under
subsection (a), and local governments in the deployment
area, of the deployment of the members to assist the Im-
migration 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, 2004.’’.
(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.
(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.’’.
294
Subtitle D—Reports
SEC. 1031. REQUIREMENT THAT DEPARTMENT OF DEFENSE
REPORTS TO CONGRESS BE ACCOMPANIED
BY ELECTRONIC VERSION.
(a) IN GENERAL.—Chapter 23 of title 10, United
States Code, is amended by inserting after the table of
sections the following new section:
‘‘§ 480. Department of Defense reports: submission in
electronic form
‘‘(a) REQUIREMENT.—Whenever the Secretary of De-
fense or any other official of the Department of Defense
is required by law to submit a report to Congress (or any
committee of either House of Congress), the Secretary or
other official shall provide to Congress (or each such com-
mittee) a copy of the report in an electronic medium.
‘‘(b) EXCEPTION.—Subsection (a) does not apply to
a report submitted in classified form.
‘‘(c) DEFINITION.—In this section, the term ‘report’
includes any certification, notification, or other commu-
nication in writing.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
before the item relating to section 481 the following new
item:
‘‘480. Department of Defense reports: submission in electronic form.’’.
295
SEC. 1032. REPORT ON DEPARTMENT OF DEFENSE ROLE IN
HOMELAND SECURITY MATTERS.
The Secretary of Defense shall conduct a study on
the appropriate role for the Department of Defense in
homeland security matters. The Secretary shall submit to
the Congress a report on the results of that study at the
same time that the budget of the President for fiscal year
2003 is submitted to Congress.
SEC. 1033. REVISION OF ANNUAL REPORT TO CONGRESS
ON NATIONAL GUARD AND RESERVE COMPO-
NENT EQUIPMENT.
The text of section 10541 of title 10, United States
Code, is amended to read as follows:
‘‘(a) REQUIREMENT.—The Secretary of Defense shall
submit to Congress each year, not later than March 1,
a written report concerning the equipment of the National
Guard and the reserve components of the armed forces.
Each such report shall cover the current fiscal year and
the three succeeding years.
‘‘(b) MATTERS TO BE INCLUDED IN REPORT.—Each
report under this section shall include the following
(shown in the aggregate and separately for each reserve
component):
‘‘(1) A list of major items of equipment re-
quired and on-hand in the inventories of the reserve
components.
296
‘‘(2) A list of major items of equipment that
are expected to be procured from commercial sources
or transferred from the active component to the re-
serve components.
‘‘(3) A statement of major items of equipment
in the inventories of the reserve components that are
substitutes for a required major item of equipment.
‘‘(4) A narrative explanation of the plan of the
Secretary concerned to equip each reserve compo-
nent, including an explanation of the plan to equip
units of the reserve components that are short major
items of equipment at the outset of war or a contin-
gency operation.
‘‘(5) A narrative discussing the current status
of the compatibility and interoperability of equip-
ment between the reserve components and the active
forces and the effect of that level of compatibility or
interoperability on combat effectiveness, together
with a plan to achieve full equipment compatibility
and interoperability.
‘‘(6) A narrative discussing modernization
shortfalls and maintenance backlogs within the re-
serve components and the effect of those shortfalls
on combat effectiveness.
297
‘‘(7) A narrative discussing the overall age and
condition of equipment currently in the inventory of
the reserve components.
‘‘(c) MAJOR ITEMS OF EQUIPMENT.—In this section,
the term ‘major items of equipment’ includes ships, air-
craft, combat vehicles, and key combat support equipment.
‘‘(d) FORMAT AND LEVEL OF DETAIL.—Each report
under this section shall be expressed in the same format
and with the same level of detail as the information pre-
sented in the Future-Years Defense Program Procure-
ment Annex prepared by the Department of Defense.’’.
Subtitle E—Other Matters
SEC. 1041. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.
(a) ADDITIONAL ITEMS AUTHORIZED TO BE DO-
NATED BY SECRETARY OF THE NAVY.—Section 7545 of
title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Subject to’’ and all that
follows through ‘‘by him,’’ and inserting ‘‘AU-
THORITY TO MAKE LOANS AND GIFTS.—The
Secretary of the Navy’’;
(B) by striking ‘‘captured, condemned,’’
and all that follows through ‘‘to—’’ and insert-
ing ‘‘items described in subsection (b) that are
298
not needed by the Department of the Navy to
any of the following:’’
(C) by capitalizing the first letter after the
paragraph designation in each of paragraphs
(1) through (12);
(D) by striking the semicolon at the end of
paragraphs (1) through (10) and inserting a
period;
(E) by striking ‘‘; or’’ at the end of para-
graph (11) and inserting a period;
(F) in paragraph (5), by striking ‘‘World
War I or World War II’’ and inserting ‘‘a for-
eign war’’;
(G) in paragraph (6), by striking ‘‘soldiers’
monument’’ and inserting ‘‘servicemen’s monu-
ment’’; and
(H) in paragraph (8), by inserting ‘‘or me-
morial’’ after ‘‘a museum’’;
(2) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively;
(3) by inserting after subsection (a) the fol-
lowing new subsections:
‘‘(b) ITEMS ELIGIBLE FOR DISPOSAL.—This section
applies to the following types of property held by the De-
partment of the Navy:
299
‘‘(1) Captured, condemned, or obsolete ord-
nance material.
‘‘(2) Captured, condemned, or obsolete combat
or shipboard material.
‘‘(c) REGULATIONS.—A loan or gift made under this
section shall be subject to regulations prescribed by the
Secretary of the Navy and to regulations under section
205 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 486).’’;
(4) in subsection (d) (as redesignated by para-
graph (2)), by inserting ‘‘MAINTENANCE OF THE
RECORDS OF THE GOVERNMENT.—’’ after the sub-
section designation;
(5) in subsection (e) (as redesignated by para-
graph (2)), by inserting ‘‘ALTERNATIVE AUTHORI-
TIES TO MAKE GIFTS OR LOANS.—’’ after the sub-
section designation; and
(6) by adding at the end the following new sub-
section:
‘‘(f) AUTHORITY TO TRANSFER A PORTION OF A
VESSEL.—The Secretary may lend, give, or otherwise
transfer any portion of the hull or superstructure of a ves-
sel stricken from the Naval Vessel Register and designated
for scrapping to a qualified organization specified in sub-
section (a). The terms and conditions of an agreement for
300
the transfer of a portion of a vessel under this section shall
include a requirement that the transferee will maintain the
material conveyed in a condition that will not diminish the
historical value of the material or bring discredit upon the
Navy.’’.
(b) CONFORMING AMENDMENTS.—Section 2572(a)
of such title is amended—
(1) in paragraph (2), by striking ‘‘soldiers’
monument’’ and inserting ‘‘servicemen’s monu-
ment’’; and
(2) in paragraph (4), by inserting ‘‘or memo-
rial’’ after ‘‘An incorporated museum’’.
SEC. 1042. TERMINATION OF REFERENDUM REQUIREMENT
REGARDING CONTINUATION OF MILITARY
TRAINING ON ISLAND OF VIEQUES, PUERTO
RICO, AND IMPOSITION OF ADDITIONAL CON-
DITIONS ON CLOSURE OF LIVE-FIRE TRAIN-
ING RANGE.
(a) IN GENERAL.—Title XV of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted by Public Law 106–398; 114 Stat. 1654A–
348) is amended by striking sections 1503, 1504, and
1505 and inserting the following new sections:
301
‘‘SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL
TRAINING RANGE.
‘‘(a) REQUIRED CERTIFICATION.—The Secretary of
the Navy may close the Vieques Naval Training Range
on the island of Vieques, Puerto Rico, and discontinue
live-fire training at that range only if—
‘‘(1) the Chief of Naval Operations and the
Commandant of the Marine Corps jointly certify
that there is an alternative training facility that pro-
vides an equivalent or superior level of training for
units of the Navy and the Marine Corps stationed
or deployed in the eastern United States; and
‘‘(2) the new facility is available and fully capa-
ble of supporting such training immediately upon
cessation of live-fire training on Vieques.
‘‘(b) EQUIVALENT OR SUPERIOR LEVEL OF TRAIN-
ING DEFINED.—In this section, the term ‘equal or supe-
rior level of training’ refers to an ability by the Armed
Forces to conduct at a single location coordinated live-fire
training, including simultaneous large-scale tactical air
strikes, naval surface fire support and artillery, and am-
phibious landing operations, as was conducted at Vieques
Naval Training Range before April 19, 1999.
302
‘‘SEC. 1504. NAVY RETENTION OF CLOSED VIEQUES NAVAL
TRAINING RANGE.
‘‘(a) RETENTION.—If the conditions specified in sec-
tion 1503(a) are satisfied and the Secretary of the Navy
terminates all Navy and Marine Corps training operations
on the island of Vieques, the Secretary of the Navy shall
retain administrative jurisdiction over the Live Impact
Area and all other Department of Defense real properties
on the eastern side of the island for possible reactivation
for training use, including live-fire training, in the event
a national emergency.
‘‘(b) ADMINISTRATION.—The Secretary of the Navy
may enter into a cooperative agreement with the Secretary
of the Interior to provide for management of the property
described in subsection (a), pending reactivation for train-
ing use, by appropriate agencies of the Department of the
Interior as follows:
‘‘(1) Management of the Live Impact Area as
a wilderness area under the Wilderness Act (16
U.S.C. 1131 et seq.), including a prohibition on pub-
lic access to the area.
‘‘(2) Management of the remaining property as
wildlife refuges under the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd et seq.).
303
‘‘(c) LIVE IMPACT AREA DEFINED.—In this section,
the term ‘Live Impact Area’ means the parcel of real prop-
erty, consisting of approximately 900 acres (more or less),
on the island of Vieques that is designated by the Sec-
retary of the Navy for targeting by live ordnance in the
training of forces of the Navy and Marine Corps.’’.
(b) CONFORMING AMENDMENT.—Section 1507(c) of
such Act is amended by striking ‘‘the issuance of a procla-
mation described in section 1504(a) or’’.
SEC. 1043. REPEAL OF LIMITATION ON REDUCTIONS IN
PEACEKEEPER ICBM MISSILES.
Subsection (a)(1) of section 1302 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law
105–85) is amended by striking subparagraph (D).
SEC. 1044. TRANSFER OF VIETNAM ERA F–4 AIRCRAFT TO
NONPROFIT MUSEUM.
(a) AUTHORITY TO CONVEY.—The Secretary of the
Air Force may convey, without consideration, to the non-
profit National Aviation Museum and Foundation of Okla-
homa (in this section referred to as the ‘‘museum’’), all
right, title, and interest of the United States in and to
one surplus F–4 aircraft that is flyable or that can be
readily restored to flyable condition. The conveyance shall
be made by means of a conditional deed of gift.
304
(b) CONDITION OF AIRCRAFT.—(1) The Secretary
may not convey ownership of an aircraft under subsection
(a) until the Secretary determines that the museum has
altered the aircraft in such manner as the Secretary deter-
mines necessary to ensure that the aircraft does not have
any capability for use as a platform for launching or re-
leasing munitions or any other combat capability that it
was designed to have.
(2) The Secretary is not required to repair or alter
the condition of the aircraft before conveying ownership
of the aircraft.
(c) REVERTER UPON BREACH OF CONDITIONS.—
The Secretary shall include in the instrument of convey-
ance of the aircraft—
(1) a condition that the museum not convey any
ownership interest in, or transfer possession of, the
aircraft to any other party without the prior ap-
proval of the Secretary;
(2) a condition that the museum operate and
maintain the aircraft in compliance with all applica-
ble limitations and maintenance requirements im-
posed by the Administrator of the Federal Aviation
Administration; and
(3) a condition that if the Secretary determines
at any time that the museum has conveyed an own-
305
ership interest in, or transferred possession of, the
aircraft to any other party without the prior ap-
proval of the Secretary, or has failed to comply with
the condition set forth in paragraph (2), all right,
title, and interest in and to the aircraft, including
any repair or alteration of the aircraft, shall revert
to the United States, and the United States shall
have the right of immediate possession of the air-
craft.
(d) CONVEYANCE
AT NO COST
TO
THE UNITED
STATES.—The conveyance of the aircraft under subsection
(a) shall be made at no cost to the United States. Any
costs associated with the conveyance, costs of determining
compliance with subsection (b), and costs of operation and
maintenance of the aircraft conveyed shall be borne by the
museum.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with a conveyance under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 1045. BOMBER FORCE STRUCTURE.
(a) LIMITATION.—None of the funds available to the
Department of Defense for fiscal year 2002 may be obli-
gated or expended for retiring or dismantling any of the
306
93 B–1B Lancer bombers in service as of June 1, 2001,
or for transferring or reassigning any of those aircraft
from the unit or the facility to which assigned as of that
date, until each of the following has occurred:
(1) The President transmits to Congress a na-
tional security strategy report under section 108 of
the National Security Act of 1947 (50 U.S.C. 4040)
as required by subsection (a)(3) of that section.
(2) The Secretary of Defense submits to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Rep-
resentatives the Quadrennial Defense Review (QDR)
under section 118 of title 10, United States Code,
that under that section is required to be submitted
not later than September 30, 2001.
(3) The Secretary of Defense submits to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Rep-
resentatives a report that provides—
(A) the changes in national security con-
siderations from those applicable to the air
force bomber studies conducted during 1992
and 1995 that warrant changes in the current
configuration of the bomber fleet; and
307
(B) the plans of the Department of De-
fense for assigning new missions to the Na-
tional Guard units that currently fly B–1 air-
craft and for the transition of those units and
their facilities from the current B–1 mission to
their future missions.
(4) The Secretary of Defense submits to Con-
gress the annual report of the Secretary for 2001 re-
quired by section 113(c) of title 10, United States
Code.
(5) The Secretary of Defense submits to Con-
gress a report on the results of the Revised Nuclear
Posture Review conducted under section 1042 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–262), as re-
quired by subsection (c) of that section.
(6) The Secretary of Defense conducts, and
submits to the Committee on Armed Services of the
Senate and Committee on Armed Services of the
House of Representatives a report on the results of,
a comprehensive study to determine—
(A) the role of manned bomber aircraft ap-
propriate to meet the requirements derived
308
from the National Security Strategy report re-
ferred to in paragraph (1);
(B) the amount and type of bomber force
structure in the United States Air Force appro-
priate to meet the requirements derived from
the National Security Strategy report referred
to in paragraph (1); and
(C) the most cost effective allocation of
bomber force structure, factoring in use of the
reserve components of the Air Force consistent
with the requirements of the National Security
Strategy report referred to in paragraph (1).
(b) GAO STUDY AND REPORT.—The Comptroller
General of the United States shall conduct a study on the
same matters as specified in subparagraphs (A), (B), and
(C) of subsection (a)(6). The Comptroller General shall
submit to Congress a report containing the results of that
study not later than 180 days after the date of the submis-
sion of the report referred to in subsection (a)(6)
(c) DEFINITIONS.—For purposes of this section:
(1) AMOUNT
AND
TYPE
OF
BOMBER
FORCE
STRUCTURE.—The term ‘‘amount and type of bomb-
er force structure’’ means the required numbers of
B–2 aircraft, B–52 aircraft, and B–1 aircraft con-
309
sistent with the requirements of the National Secu-
rity Strategy referred to in subsection (a)(1).
(2) COST EFFECTIVE ALLOCATION OF BOMBER
FORCE STRUCTURE.—The term ‘‘cost effective allo-
cation of bomber force structure’’ means the lowest
cost for stationing, maintaining, and operating the
bomber fleet fully consistent with the requirements
of the National Security Strategy referred to in sub-
section (a)(1).
SEC. 1046. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10,
United States Code, is amended as follows:
(1) The tables of chapters at the beginning of
subtitle A, and at the beginning of part II of subtitle
A, are each amended by striking the period after
‘‘1111’’ in the item relating to chapter 56.
(2) Section 119(g)(2) is amended by striking
‘‘National Security Subcommittee’’ and inserting
‘‘Subcommittee on Defense’’.
(3) Section 130c(b)(3)(C) is amended by strik-
ing ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’.
(4) Section 176(a)(3) is amended by striking
‘‘Chief Medical Director’’ and inserting ‘‘Under Sec-
retary for Health’’.
310
(5)(A) Section 503(c) is amended in paragraph
(6)(A)(i) by striking ‘‘14101(18)’’ and ‘‘8801(18)’’
and inserting ‘‘14101’’ and ‘‘8801’’, respectively.
(B) The amendment made by subparagraph (A)
shall take effect on July 1, 2002, immediately after
the amendment to such section effective that date by
section 563(a) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as en-
acted by Public Law 106–398; 114 Stat. 131).
(6) Section 663(e) is amended—
(A) by striking ‘‘Armed Forces Staff Col-
lege’’ in paragraph (1) and inserting ‘‘Joint
Forces Staff College’’; and
(B) by striking ‘‘ARMED FORCES STAFF
COLLEGE’’ and inserting ‘‘JOINT
FORCES
STAFF COLLEGE’’.
(7) Section 667(17) is amended by striking
‘‘Armed Forces Staff College’’ both places it appears
and inserting ‘‘Joint Forces Staff College’’.
(8) Section 874(a) is amended by inserting
after ‘‘a sentence of confinement for life without eli-
gibility for parole’’ the following: ‘‘that is adjudged
for an offense committed after October 29, 2000’’.
(9) Section 1056(c)(2) is amended by striking
‘‘, not later than September 30, 1991,’’.
311
(10) The table of sections at the beginning of
chapter 55 is amended by transferring the item re-
lating to section 1074i, as inserted by section 758(b)
of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted by Public
Law 106–398; 114 Stat. 1654A–200), so as to ap-
pear after the item relating to section 1074h.
(11) Section 1097a(e) is amended by striking
‘‘section 1072’’ and inserting ‘‘section 1072(2)’’.
(12) Sections 1111(a) and 1114(a)(1) are each
amended by striking ‘‘hereafter’’ and inserting
‘‘hereinafter’’.
(13) Section 1116 is amended—
(A) in subsection (a)(2)(B), by inserting
an open parenthesis before ‘‘other than for
training’’; and
(B) in subsection (b)(2)(D), by striking
‘‘section 111(c)(4)’’ and inserting ‘‘section
1115(c)(4)’’.
(14) The heading for subchapter II of chapter
75 is transferred within that chapter so as to appear
before the table of sections at the beginning of that
subchapter (as if the amendment made by section
721(c)(1) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
312
694) had inserted that heading following section
1471 instead of before section 1475).
(15) Section 1611(d) is amended by striking
‘‘with’’.
(16) Section 2166(e)(9) is amended by striking
‘‘App. 2’’ and inserting ‘‘App.’’.
(17) Section 2323(a)(1)(C) is amended—
(A) by striking ‘‘section 1046(3)’’ and in-
serting ‘‘section 365(3)’’;
(B) by striking ‘‘20 U.S.C. 1135d–5(3)’’
and inserting ‘‘20 U.S.C. 1067k’’; and
(C) by striking ‘‘, which, for the purposes
of this section’’ and all that follows through the
period at the end and inserting a period.
(18) Section 2375(b) is amended by inserting
‘‘(41 U.S.C. 430)’’ after ‘‘section 34 of the Office of
Federal Procurement Policy Act’’.
(19) Section 2376(1) is amended by inserting
‘‘(41 U.S.C. 403)’’ after ‘‘section 4 of the Office of
Federal Procurement Policy Act’’.
(20) Section 2410f(a) is amended by inserting
after ‘‘inscription’’ the following: ‘‘, or another in-
scription with the same meaning,’’.
(21) Section 2461a(a)(2) is amended by strik-
ing ‘‘effeciency’’ and inserting ‘‘efficiency’’.
313
(22) Section 2467 is amended—
(A) in subsection (a)(2)—
(i) by striking ‘‘, United States Code’’
in subparagraph (A); and
(ii) by striking ‘‘such’’ in subpara-
graphs (B) and (C); and
(B) in subsection (b)(2)(A), by striking
‘‘United States Code,’’.
(23) Section 2535 is amended—
(A) in subsection (a)—
(i) by striking ‘‘intent of Congress’’
and inserting ‘‘intent of Congress—’’;
(ii) by realigning clauses (1), (2), (3),
and (4) so that each such clause appears
as a separate paragraph indented two ems
from the left margin; and
(iii) in paragraph (1), as so realigned,
by striking ‘‘Armed Forces’’ and inserting
‘‘armed forces’’;
(B) in subsection (b)(1)—
(i) by striking ‘‘in this section, the
Secretary is authorized and directed to—’’
and inserting ‘‘in subsection (a), the Sec-
retary of Defense shall—’’; and
314
(ii) by striking ‘‘defense industrial re-
serve’’ in subparagraph (A) and inserting
‘‘Defense Industrial Reserve’’; and
(C) in subsection (c)—
(i) by striking paragraph (1);
(ii) by redesignating paragraph (2) as
paragraph (1) and in that paragraph—
(I) by striking ‘‘means’’ and in-
serting ‘‘means—’’;
(II) by realigning clauses (A),
(B), and (C) so that each such clause
appears as a separate subparagraph
indented four ems from the left mar-
gin; and
(III) by inserting ‘‘and’’ at the
end of subparagraph (B), as so re-
aligned; and
(iii) by redesignating paragraph (3) as
paragraph (2).
(24) Section 2541c is amended by striking
‘‘subtitle’’ both places it appears in the matter pre-
ceding paragraph (1) and inserting ‘‘subchapter’’.
(25) The second section 2555, added by section
1203(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted
315
by Public Law 106–398; 114 Stat. 1654A–324), is
redesignated as section 2565, and the item relating
to that section in the table of sections at the begin-
ning of chapter 152 is revised to conform to such re-
designation.
(26) The second section 2582, added by section
1(a) of Public Law 106–446 (114 Stat. 1932), is re-
designated as section 2583, and the item relating to
that section in the table of sections at the beginning
of chapter 153 is revised to conform to such redesig-
nation.
(27)(A) Section 2693(a) is amended—
(i) in the matter preceding paragraph (1),
by inserting ‘‘of Defense’’ after ‘‘Secretary’’;
and
(ii) in paragraph (3)—
(I) by inserting ‘‘to the Secretary of
Defense’’ after ‘‘certifies’’;
(II) by inserting ‘‘(42 U.S.C. 3762a)’’
after ‘‘of 1968’’; and
(III) by striking ‘‘to the public agen-
cies referred to in section 515(a)(1) or
515(a)(3) of title I of such Act’’ and in-
serting ‘‘to a public agency referred to in
316
paragraph (1) or (3) of subsection (a) of
such section’’.
(B)(i) The heading of such section is amended
to read as follows:
‘‘§ 2693. Conveyance of certain property: Department
of Justice correctional options program’’.
(ii) The item relating to such section in the
table of sections at the beginning of chapter 159 is
amended to read as follows:
‘‘2693. Conveyance of certain property: Department of Justice correctional op-
tions program.’’.
(28) Section 3014(f)(3) is amended by striking
‘‘the number equal to’’ and all that follows and in-
serting ‘‘67.’’.
(29) Section 5014(f)(3) is amended by striking
‘‘the number equal to’’ and all that follows and in-
serting ‘‘74.’’.
(30) Section 8014(f)(3) is amended by striking
‘‘the number equal to’’ and all that follows and in-
serting ‘‘60.’’.
(31) Section 9783(e)(1) is amended by striking
‘‘40101(a)(2)’’ and inserting ‘‘40102(a)(2)’’.
(32) Section 12741(a)(2) is amended by strik-
ing ‘‘received’’ and inserting ‘‘receive’’.
(b) AMENDMENTS RELATING TO CHANGE IN TITLE
OF UNDER SECRETARY OF DEFENSE FOR ACQUISITION,
317
TECHNOLOGY, AND LOGISTICS.—Title 10, United States
Code, is further amended as follows:
(1) Section 133a(b) is amended by striking
‘‘shall assist the Under Secretary of Defense for Ac-
quisition and Technology’’ and inserting ‘‘shall assist
the Under Secretary of Defense for Acquisition,
Technology, and Logistics’’.
(2) The following provisions are each amended
by striking ‘‘Under Secretary of Defense for Acquisi-
tion and Technology’’ and inserting ‘‘Under Sec-
retary of Defense for Acquisition, Technology, and
Logistics’’: 
sections 
139(c), 
139(f), 
171(a)(3),
179(a)(1), 
1702, 
1703, 
1707(a), 
1722(a),
1722(b)(2)(B), 
1735(c)(1), 
1737(c)(1),
1737(c)(2)(B), 1741(b), 1746(a), 1761(b)(4), 1763,
2302c(a)(2), 
2304(f)(1)(B)(iii), 
2304(f)(6)(B),
2311(c)(1), 
2311(c)(2)(B), 
2350a(b)(2),
2350a(e)(1)(A), 
2350a(e)(2)(B), 
2350a(f)(1),
2399(b)(3), 2435(b), 2435(d)(2), 2521(a), and
2534(i)(3).
(3)(A) The heading for section 1702 is amend-
ed to read as follows:
318
‘‘§ 1702. Under Secretary of Defense for Acquisition,
Technology, and Logistics: authorities
and responsibilities’’.
(B) The item relating to section 1702 in the
table of sections at the beginning of subchapter I of
chapter 87 is amended to read as follows:
‘‘1702. Under Secretary of Defense for Acquisition, Technology, and Logistics:
authorities and responsibilities.’’.
(4) Section 2503(b) is amended by striking
‘‘Under Secretary of Defense for Acquisition’’ and
inserting ‘‘Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics’’.
(c) AMENDMENTS
TO
SUBSTITUTE
CALENDAR
DATES FOR DATE-OF-ENACTMENT REFERENCES.—Title
10, United States Code, is further amended as follows:
(1) Section 130c(d)(1) is amended by striking
‘‘the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year
2001’’ and inserting ‘‘October 30, 2000,’’.
(2) Section 184(a) is amended by striking ‘‘the
date of the enactment of this section,’’ and inserting
‘‘October 30, 2000,’’.
(3) Section 986(a) is amended by striking ‘‘the
date of the enactment of this section,’’ and inserting
‘‘October 30, 2000,’’.
319
(4) Section 1074g(a)(8) is amended by striking
‘‘the date of the enactment of this section’’ and in-
serting ‘‘October 5, 1999,’’.
(5) Section 1079(h)(2) is amended by striking
‘‘the date of the enactment of this paragraph’’ and
inserting ‘‘February 10, 1996,’’.
(6) Section 1206(5) is amended by striking
‘‘the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2000,’’ and insert-
ing ‘‘October 5, 1999,’’.
(7) Section 1405(c)(1) is amended by striking
‘‘the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1995,’’ and insert-
ing ‘‘October 5, 1994,’’.
(8) Section 1407(f)(2) is amended by striking
‘‘the date of the enactment of this subsection—’’
and inserting ‘‘October 30, 2000—’’.
(9) Section 1408(d)(6) is amended by striking
‘‘the date of the enactment of this paragraph’’ and
inserting ‘‘August 22, 1996,’’.
(10) Section 1511(b) is amended by striking
‘‘the date of the enactment of this chapter.’’ and in-
serting ‘‘February 10, 1996.’’.
320
(11) Section 2461a(b)(1) is amended by strik-
ing ‘‘the date of the enactment of this section,’’ and
inserting ‘‘October 30, 2000,’’.
(12) Section 4021(c)(1) is amended by striking
‘‘the date of the enactment of this section.’’ and in-
serting ‘‘November 29, 1989.’’.
(13) Section 6328(a) is amended by striking
‘‘the date of the enactment of this section’’ and in-
serting ‘‘February 10, 1996,’’.
(14) Section 7439 is amended—
(A) in subsection (a)(2), by striking ‘‘one
year after the date of the enactment of this sec-
tion,’’ and inserting ‘‘November 18, 1998,’’;
(B) in subsection (b)(1), by striking ‘‘the
date of the enactment of this section,’’ and in-
serting ‘‘November 18, 1997,’’;
(C) in subsection (b)(2), by striking ‘‘the
end of the one-year period beginning on the
date of the enactment of this section.’’ and in-
serting ‘‘November 18, 1998.’’; and
(D) in subsection (f)(2), by striking ‘‘the
date of the enactment of this section’’ and in-
serting ‘‘November 18, 1997,’’.
(15) Section 12533 is amended—
321
(A) in each of subsections (b) and (c)(1),
by striking ‘‘the date of the enactment of this
section.’’ and inserting ‘‘November 18, 1997.’’;
and
(B) in each of subsections (c)(2) and (d),
by striking ‘‘the date of the enactment of this
section’’ and inserting ‘‘November 18, 1997,’’.
(16) Section 12733(3) is amended—
(A) in subparagraph (B), by striking ‘‘the
date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal
Year 2001;’’ and inserting ‘‘October 30,
2000;’’; and
(B) in subparagraph (C), by striking ‘‘the
date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal
Year 2001’’ and inserting ‘‘October 30, 2000,’’.
(d) AMENDMENTS RELATING TO CHANGE IN TITLE
OF MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.—
The following provisions are each amended by striking
‘‘Stewart B. McKinney Homeless Assistance Act’’ and in-
serting ‘‘McKinney-Vento Homeless Assistance Act’’:
(1) Sections 2814(j)(2), 2854a(d)(2), and
2878(d)(4) of title 10, United States Code.
322
(2) Sections 2905(b)(6)(A) and 2910(11) of the
Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note).
(3) Section 204(b)(6)(A) of the Defense Au-
thorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C.
2687 note).
(4) Section 2915(c)(10) of the National De-
fense Authorization Act for Fiscal Year 1994 (10
U.S.C. 2687 note).
(5) Section 2(e)(4)(A) of the Base Closure
Community Redevelopment and Homeless Assistance
Act of 1994 (Public Law 103–421; 10 U.S.C. 2687
note).
(6) Section 1053(a) of the National Defense
Authorization Act for Fiscal Year 1997 (110 Stat.
2650).
(e) AMENDMENTS TO REPEAL OBSOLETE PROVI-
SIONS.—Title 10, United States Code, is further amended
as follows:
(1) Section 1144 is amended—
(A) in subsection (a)(3), by striking the
second sentence; and
(B) by striking subsection (e).
323
(2) Section 1581(b) is amended—
(A) by striking ‘‘(1)’’ and all that follows
through ‘‘The Secretary of Defense shall de-
posit’’ and inserting ‘‘The Secretary of Defense
shall deposit’’; and
(B) by striking ‘‘on or after December 5,
1991,’’.
(3) Subsection (e) of section 1722 is repealed.
(4) Subsection 1732(a) is amended by striking
the second sentence.
(5) Section 1734 is amended—
(A) in subsection (b)(1)(B), by striking
‘‘on and after October 1, 1991,’’; and
(B) in subsection (e)(2), by striking the
last sentence.
(6)(A) Section 1736 is repealed.
(B) The table of sections at the beginning of
subchapter III of chapter 87 is amended by striking
the item relating to section 1736.
(7)(A) Sections 1762 and 1764 are repealed.
(B) The table of sections at the beginning of
subchapter V of chapter 87 is amended by striking
the items relating to sections 1762 and 1764.
324
(8) Section 2112(a) is amended by striking ‘‘,
with the first class graduating not later than Sep-
tember 21, 1982’’.
(9) Section 2218(d)(1) is amended by striking
‘‘for fiscal years after fiscal year 1993’’.
(10)(A) Section 2468 is repealed.
(B) The table of sections at the beginning of
chapter 146 is amended by striking the item relating
to section 2468.
(11) Section 2832 is amended—
(A) by striking ‘‘(a)’’ before ‘‘The Sec-
retary of Defense’’; and
(B) by striking subsection (b).
(12) Section 7430(b)(2) is amended—
(A) by striking ‘‘at a price less than’’ and
all that follows through ‘‘the current sales
price’’ and inserting ‘‘at a price less than the
current sales price’’;
(B) by striking ‘‘; or’’ and inserting a pe-
riod; and
(C) by striking subparagraph (B).
(f) 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
325
Year 2001 (as enacted into law by Public Law 106–398)
is amended as follows:
(1) Section 525(b)(1) (114 Stat. 1654A–109) is
amended by striking ‘‘subsection (c)’’ and inserting
‘‘subsections (a) and (b)’’.
(2) Section 1152(c)(2) (114 Stat. 1654A–323)
is amended by inserting ‘‘inserting’’ after ‘‘and’’.
(g) PUBLIC LAW 106–65.—Effective as of October
5, 1999, and as if included therein as enacted, the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65) is amended as follows:
(1) Section 531(b)(2)(A) (113 Stat. 602) is
amended by inserting ‘‘in subsection (a),’’ after
‘‘(A)’’.
(2) Section 549(a)(2) (113 Stat. 611) is
amended by striking ‘‘such chapter’’ and inserting
‘‘chapter 49 of title 10, United States Code,’’.
(3) Section 576(a)(3) (10 U.S.C. 1501 note;
113 Stat. 625) is amended by adding a period at the
end.
(4) Section 577(a)(2) (113 Stat. 625) is
amended by striking ‘‘bad conduct’’ in the first
quoted matter and inserting ‘‘bad-conduct’’.
326
(5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302
note; 113 Stat. 709) is amended by striking ‘‘Men-
tor-Protegee’’ and inserting ‘‘Mentor-Protege’’.
(6) Section 1052(b)(1) (113 Stat. 764) is
amended by striking ‘‘ ‘The Department’’ and insert-
ing ‘‘the ‘Department’’.
(7) Section 1053(a)(5) (10 U.S.C. 113 note;
113 Stat. 764) is amended by inserting ‘‘and’’ be-
fore ‘‘Marines’’.
(8) Section 1402(f)(2)(A) (22 U.S.C. 2778
note; 113 Stat. 799) is amended by striking ‘‘3201
note’’ and inserting ‘‘6305(4)’’.
(9) Section 2902(d) (10 U.S.C. 111 note; 113
Stat. 882) is amended by striking ‘‘section 2871(b)’’
and inserting ‘‘section 2881(b)’’.
(h) PUBLIC LAW 102–484.—The National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484) is amended as follows:
(1) 
Section 
3161(c)(6)(C) 
(42 
U.S.C.
7274h(c)(6)(C)) is amended by striking ‘‘title IX of
the Public Works and Economic Development Act of
1965 (42 U.S.C. 3241 et seq.)’’ and inserting ‘‘title
II of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3141 et seq.)’’.
327
(2) Section 4416(b)(1) (10 U.S.C. 12681 note)
is amended by striking ‘‘force reduction period’’ and
inserting ‘‘force reduction transition period’’.
(3) Section 4461(5) (10 U.S.C. 1143 note) is
amended by adding a period at the end.
(i) OTHER LAWS.—
(1) Section 1083(c) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law
105–85; 10 U.S.C. 113 note) is amended by striking
‘‘NAMES’’ and inserting ‘‘NAME’’.
(2) Section 845(d)(1)(B)(ii) of the National De-
fense Authorization Act for Fiscal Year 1994 (Pub-
lic Law 103–160; 10 U.S.C. 2371 note) is amended
by inserting a closed parenthesis after ‘‘41 U.S.C.
414(3))’’.
(3) Section 1123(b) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101–189; 103 Stat. 1556) is amended
by striking ‘‘Armed Forces Staff College’’ each place
it appears and inserting ‘‘Joint Forces Staff Col-
lege’’.
(4) Section 1412(g)(2)(C)(vii) of the Depart-
ment of Defense Authorization Act, 1986 (50 U.S.C.
1521(g)(2)(C)(vii)) is amended by striking ‘‘(c)(3)’’
and inserting ‘‘(c)(4)’’.
328
(5) Section 8336 of title 5, United States Code,
is amended—
(A) in subsection (d)(2), by striking ‘‘sub-
section (o)’’ and inserting ‘‘subsection (p)’’; and
(B) by redesignating the second subsection
(o), added by section 1152(a)(2) of the Floyd
D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law
106–398; 114 Stat. 1654A–320), as subsection
(p).
(6) Section 9001(3) of title 5, United States
Code, is amended by striking ‘‘and’’ at the end of
subparagraph (A) and inserting ‘‘or’’.
(7) Section 318(h)(3) of title 37, United States
Code, is amended by striking ‘‘subsection (a)’’ and
inserting ‘‘subsection (b)’’.
(8) Section 3695(a)(5) of title 38, United
States Code, is amended by striking ‘‘1610’’ and in-
serting ‘‘1611’’.
(9) Section 13(b) of the Peace Corps Act (22
U.S.C. 2512(b)) is amended by striking ‘‘, subject to
section 5532 of title 5, United States Code’’.
(10) Section 127(g)(6) of the Trade Deficit Re-
view Commission Act (19 U.S.C. 2213 note), as
amended by section 311(b) of the Legislative Branch
329
Appropriations Act, 2000 (Public Law 106–57; 113
Stat. 428), is amended—
(A) by striking ‘‘AUTHORITIES.—’’ and all
that follows through ‘‘An individual’’ and in-
serting ‘‘AUTHORITIES.—An individual’’; and
(B) by striking subparagraph (B).
(11) Section 28 of the Atomic Energy Act of
1954 (42 U.S.C. 2038) is amended in the last sen-
tence by striking ’’, subject to’’ and all that follows
through the period at the end and inserting a period.
(12) Section 3212 of the National Nuclear Se-
curity Administration Act (50 U.S.C. 2402) is
amended by redesignating the second subsection (e),
added by section 3159(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year
2001 (as enacted by Public Law 106–398; 114 Stat.
1654A–469), as subsection (f).
SEC. 1047. LEASING OF NAVY SHIPS FOR UNIVERSITY NA-
TIONAL OCEANOGRAPHIC LABORATORY SYS-
TEM.
Subsection (g) of section 2667 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new paragraph:
‘‘(3) Paragraph (1) does not apply to a renewal or
extension of a lease by the Secretary of the Navy with
330
a selected institution for operation of a ship within the
University National Oceanographic Laboratory System if,
under the lease, each of the following applies:
‘‘(A) Use of the ship is restricted to federally
supported research programs and to non-Federal
uses under specific conditions with approval by the
Secretary of the Navy.
‘‘(B) Because of the anticipated value to the
Navy of the oceanographic research and training
that will result from the ship’s operation, no mone-
tary lease payments are required from the lessee
under the initial lease or under any renewal or ex-
tension.
‘‘(C) The lessee is required to maintain the ship
in a good state of repair, readiness, and efficient op-
erating condition, conform to all applicable regu-
latory requirements, and assume full responsibility
for the safety of the ship, its crew, and scientific
personnel aboard.’’.
SEC. 1048. SENSE OF CONGRESS REGARDING CONTINUED
UNITED STATES COMMITMENT TO RESTOR-
ING 
LAFAYETTE 
ESCADRILLE 
MEMORIAL,
MARNES LA-COGUETTE, FRANCE.
(a) FINDINGS.—Congress finds the following:
331
(1) The Lafayette Escadrille, an aviation
squadron within the French Lafayette Flying Corps,
was formed April 16, 1916.
(2) The Lafayette Escadrille consisted of avi-
ators from the United States who volunteered to
fight for the people of France during World War I.
(3) 265 volunteers from the United States
served in the Lafayette Flying Corps, completing
3,000 combat sorties and amassing nearly 200 vic-
tories.
(4) The Lafayette Escadrille won 4 Legions of
Honor, 7 Medailles Militaires, and 31 citations, each
with a Croix de Guerre.
(5) In 1918, command of the Lafayette Esca-
drille was transferred to the United States, where
the Lafayette Escadrille became the combat air force
of the United States.
(6) In 1921, a Franco-American committee was
organized to locate a final resting place for the 68
United States aviators who lost their lives flying for
France during World War I.
(7) The Lafayette Escadrille Memorial was
dedicated on July 4, 1928, in honor of all United
States aviators who flew for France during World
War I.
332
(8) The Lafayette Escadrille Memorial Founda-
tion, located in the United States and in France,
was founded by Nelson Cromwell in 1930 and en-
dowed with a $1,500,000 trust for the maintenance
and upkeep of the Lafayette Escadrille Memorial.
(9) Environmental conditions have contributed
to structural damage to, and the overall degradation
of, the Lafayette Escadrille Memorial, preventing
the holding of memorial services inside the crypt.
(10) The French Government has pledged
funds to support a restoration of the Lafayette Es-
cadrille Memorial.
(11) The Lafayette Escadrille Memorial should
be restored to its original beauty to honor all the
United States aviators who flew for France during
World War I and to demonstrate the respect of the
United States for the sacrifices made by all Ameri-
cans who have served our Nation and our allies.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should continue to honor its
commitment to the United States aviators who lost their
lives flying for France during World War I by appro-
priating sufficient funds to restore the Lafayette Esca-
drille Memorial in Marnes La-Coguette, France.
333
SEC. 1049. DESIGNATION OF FIREFIGHTER ASSISTANCE
PROGRAM IN HONOR OF FLOYD D. SPENCE, A
FORMER MEMBER OF THE HOUSE OF REP-
RESENTATIVES, AND SENSE OF CONGRESS
ON NEED TO CONTINUE THE PROGRAM.
(a) DESIGNATION.—Section 33(b)(2)(A) of the Fed-
eral Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(b)(2)(A)) is amended—
(1) by inserting ‘‘AND
DESIGNATION’’ after
‘‘ESTABLISHMENT’’; and
(2) by adding at the end the following new sen-
tence: ‘‘The program of firefighter assistance admin-
istered by the Office shall be known as the ‘Floyd
D. Spence Memorial Domestic Defenders Initia-
tive’.’’.
(b) SENSE OF CONGRESS.—The firefighters assist-
ance grant program authorized by section 33 of the Fed-
eral Fire Prevention and Control Act of 1974 (15 U.S.C.
2229) is recognized as having served as an effective device
in Congress’ ongoing effort to address the needs of Amer-
ica’s fire service, and it is the sense of Congress that the
program should be reauthorized for fiscal year 2003 and
subsequent fiscal years at a higher level of funding.
334
SEC. 1050. SENSE OF CONGRESS ON IMPLEMENTATION OF
FUEL EFFICIENCY REFORMS IN DEPART-
MENT OF DEFENSE.
(a) FINDINGS.—Congress finds the following:
(1) The Federal Government is the largest sin-
gle energy user in the United States, and the De-
partment of Defense is the largest energy user
among all Federal agencies.
(2) The Department of Defense consumed
595,000,000,000,000 BTUs of petroleum in fiscal
year 1999, while all other Federal agencies combined
consumed 56,000,000,000,000 BTUs of petroleum.
(3) The total cost of petroleum to the Depart-
ment of Defense amounted to $3,600,000,000 in fis-
cal year 2000.
(4) Increased fuel efficiency would reduce the
cost of delivering fuel to military units during oper-
ations and training and allow a corresponding per-
centage of defense dollars to be reallocated to logis-
tic shortages and other readiness needs.
(5) Increased fuel efficiency would decrease the
time needed to assemble military units, would in-
crease unit flexibility, and would allow units to re-
main in the field for a longer period of time.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense should work to imple-
335
ment fuel efficiency reforms, as recommended by the De-
fense Science Board report, which allow for investment de-
cisions based on the true cost of delivered fuel, strengthen
the linkage between warfighting capability and fuel logis-
tics requirements, provide high-level leadership encour-
aging fuel efficiency, target fuel efficiency improvements
through science and technology investment, and include
fuel efficiency in requirements and acquisition processes.
SEC. 1051. PLAN FOR SECURING RUSSIA’S NUCLEAR WEAP-
ONS, MATERIAL, AND EXPERTISE.
(a) PLAN FOR NONPROLIFERATION PROGRAMS WITH
RUSSIA.—Not later than June 15, 2002, the President
shall submit to Congress a plan—
(1) for cooperation with Russia on disposition
as soon as practicable of nuclear weapons and weap-
ons-usable nuclear material in Russia that Russia
does not retain in its nuclear arsenal; and
(2) to prevent the outflow from Russia of sci-
entific expertise that could be used for developing
nuclear weapons or other weapons of mass destruc-
tion, including delivery systems.
(b) CONTENT OF PLAN.—The plan required by sub-
section (a) shall include the following:
(1) Specific goals and measurable objectives for
the programs that are designed to carry out the ob-
336
jectives specified in paragraphs (1) and (2) of sub-
section (a).
(2) Criteria for success for those programs and
a strategy for eventual termination of United States
contributions to those programs and assumption of
the ongoing support of those programs by Russia.
(3) A description of any administrative and or-
ganizational changes necessary to improve the co-
ordination and effectiveness of the programs to be
implemented under the plan.
(4) An estimate of the cost of carrying out
those programs.
(c) CONSULTATION WITH RUSSIA.—In developing
the plan required by subsection (a), the President shall
consult with Russia regarding the practicality of various
options.
(d) CONSULTATION WITH CONGRESS.—In developing
the plan required by subsection (a), the President shall
consult with the majority and minority leadership of the
appropriate committees of Congress.
337
SEC. 1052. TWO-YEAR EXTENSION OF ADVISORY PANEL TO
ASSESS DOMESTIC RESPONSE CAPABILITIES
FOR TERRORISM INVOLVING WEAPONS OF
MASS DESTRUCTION.
Section 1405 of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (50 U.S.C.
2301 note) is amended—
(1) in subsection (h)(2), by striking ‘‘2001’’
and inserting ‘‘2003’’; and
(2) in subsection (l), by striking ‘‘three years’’
and inserting ‘‘five years’’.
SEC. 1053. ACTION TO PROMOTE NATIONAL DEFENSE FEA-
TURES PROGRAM.
(a) FINDINGS.—The Congress finds the following:
(1) The National Defense Features program,
which is funded from the National Defense Sealift
Fund established by section 2218 of title 10, United
States Code, is a constituent element of the defense
policy of the United States intended to provide es-
sential sealift capacity in emergencies, strengthen
the national shipbuilding base, and maintain a re-
source of highly trained merchant seamen.
(2) Implementation of the National Defense
Features program would provide significant benefits
both for the United States and for allied nations
during military contingencies.
338
(3) For the United States and nations allied
with the United States to realize these benefits, it is
essential that vessels built under that program enjoy
commercial opportunities in peacetime on trade
routes between the United States and allied nations
and that those vessels not be excluded from such op-
portunities through restrictive trade practices.
(4) The failure of vessels built, or to be built,
under the National Defense Features program to ob-
tain employment as common carriers or contract
carriers in the particular sector of any trade route
in the foreign commerce of the United States for
which they are designed to operate, together with
long-term domination of that sector of the trade
route by citizens of an allied nation, evidences the
existence of restrictive trade practices.
(b) ACTION TO PROMOTE PROGRAM.—In any case in
which the Secretary of Defense finds the existence of the
conditions determined by subsection (a)(4) to prove the
existence of restrictive trade practices, the Secretary shall
certify the csae to the Federal Maritime Commission,
which thereupon, in consultation with the Secretary, shall
take action to counteract such practices, utilizing all rem-
edies available under section 10002(e)(1) of the Foreign
Shipping Practices Act of 1988 (46 U.S.C. App. 1710a).
339
SEC. 1054. AMENDMENTS RELATING TO COMMISSION ON
THE FUTURE OF THE UNITED STATES AERO-
SPACE INDUSTRY.
(a) DEADLINE FOR REPORT.—Subsection (d)(1) of
section 1092 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 114 Stat. 1654A–302) is amend-
ed by striking ‘‘March 1, 2002’’ and inserting ‘‘one year
after the date of the first official meeting of the Commis-
sion’’.
(b) TERMINATION OF COMMISSION.—Subsection (g)
of such section is amended by striking ‘‘30 days’’ and in-
serting ‘‘60 days’’.
SEC. 1055. AUTHORITY TO ACCEPT MONETARY CONTRIBU-
TIONS FOR REPAIR AND RECONSTRUCTION
OF PENTAGON RESERVATION.
Section 2674(e) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (2) as para-
graph (3);
(2) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(2) The Secretary of Defense may accept monetary
contributions made for the purpose of assisting to finance
the repair and reconstruction of the Pentagon Reservation
following the terrorist attack that occurred on September
340
11, 2001. The Secretary shall deposit such contributions
in the Fund.’’; and
(3) in paragraph (3), as redesignated, by insert-
ing at the end the following new sentence: ‘‘How-
ever, contributions accepted under paragraph (2)
shall be available for expenditure only for the pur-
pose specified in such paragraph.’’.
TITLE XI—CIVILIAN PERSONNEL
SEC. 1101. UNDERGRADUATE TRAINING PROGRAM FOR EM-
PLOYEES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY.
(a) AUTHORITY TO CARRY OUT TRAINING PRO-
GRAM.—Subchapter III of chapter 22 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 462. Undergraduate training program
‘‘(a) AUTHORITY TO CARRY OUT PROGRAM.—The
Secretary of Defense may authorize the Director of the
National Imagery and Mapping Agency to establish an un-
dergraduate training program under which civilian em-
ployees of the National Imagery and Mapping Agency may
be assigned as students at accredited professional, tech-
nical, and other institutions of higher learning for training
at the undergraduate level in skills critical to effective per-
formance of the mission of the National Imagery and
341
Mapping Agency. Such training may lead to the award
of a baccalaureate degree.
‘‘(b) PURPOSE.—The purpose of the program author-
ized by subsection (a) is to facilitate the recruitment of
individuals, particularly minority high school students,
with a demonstrated capability to develop skills critical to
the mission of the National Imagery and Mapping Agency,
including skills in mathematics, computer science, engi-
neering, and foreign languages.
‘‘(c) REQUIREMENTS.—(1) To be eligible for assign-
ment under subsection (a), an employee of the National
Imagery and Mapping Agency must agree in writing—
‘‘(A) to continue in the service of the National
Imagery and Mapping Agency for the period of the
assignment and to complete the educational course
of training for which the employee is assigned;
‘‘(B) to continue in the service of the National
Imagery and Mapping Agency following completion
of the assignment for a period of one-and-a-half
years for each year of the assignment or part there-
of;
‘‘(C) to reimburse the United States for the
total cost of education (excluding the employee’s pay
and allowances) provided under this section to the
employee if, before the employee’s completing the
342
educational course of training for which the em-
ployee is assigned, the assignment or the employee’s
employment with the National Imagery and Mapping
Agency is terminated either by the National Imagery
and Mapping Agency due to misconduct by the em-
ployee or by the employee voluntarily; and
‘‘(D) to reimburse the United States if, after
completing the educational course of training for
which the employee is assigned, the employee’s em-
ployment with the National Imagery and Mapping
Agency is terminated either by the National Imagery
and Mapping Agency due to misconduct by the em-
ployee or by the employee voluntarily, before the em-
ployee’s completion of the service obligation period
described in subparagraph (B), in an amount that
bears the same ratio to the total cost of the edu-
cation (excluding the employee’s pay and allowances)
provided to the employee as the unserved portion of
the service obligation period described in subpara-
graph (B) bears to the total period of the service ob-
ligation described in subparagraph (B).
‘‘(2) Subject to paragraph (3), the obligation to reim-
burse the United States under an agreement described in
paragraph (1), including interest due on such obligation,
is for all purposes a debt owing the United States.
343
‘‘(3)(A) A discharge in bankruptcy under title 11,
United States Code, shall not release a person from an
obligation to reimburse the United States required under
an agreement described in paragraph (1) if the final de-
cree of the discharge in bankruptcy is issued within five
years after the last day of the combined period of service
obligation described in subparagraphs (A) and (B) of
paragraph (1).
‘‘(B) The Secretary of Defense may release a person,
in whole or in part, from the obligation to reimburse the
United States under an agreement described in paragraph
(1) when, in his discretion, the Secretary determines that
equity or the interests of the United States so require.
‘‘(C) The Secretary of Defense shall permit an em-
ployee assigned under this section who, before com-
mencing a second academic year of such assignment, vol-
untarily terminates the assignment or the employee’s em-
ployment with the National Imagery and Mapping Agency,
to satisfy his obligation under an agreement described in
paragraph (1) by reimbursing the United States according
to a schedule of monthly payments which results in com-
pletion of reimbursement by a date five years after the
date of termination of the assignment or employment or
earlier at the option of the employee.
344
‘‘(d) DISCLOSURE REQUIRED.—(1) When an em-
ployee is assigned under this section to an institution, the
Secretary shall disclose to the institution to which the em-
ployee is assigned that the National Imagery and Mapping
Agency employs the employee and that the National Im-
agery and Mapping Agency funds the employee’s edu-
cation.
‘‘(2) Efforts by the Secretary to recruit individuals
at educational institutions for participation in the under-
graduate training program established by this section shall
be made openly and according to the common practices
of universities and employers recruiting at such institu-
tions.
‘‘(e) APPROPRIATION OF FUNDS REQUIRED.—The
Secretary may pay, directly or by reimbursement to em-
ployees, expenses incident to assignments under sub-
section (a), in any fiscal year only to the extent that ap-
propriated funds are available for such purpose.
‘‘(f) INAPPLICABILITY OF CERTAIN LAWS.—Chapter
41 of title 5 and subsections (a) and (b) of section 3324
of title 31 shall not apply with respect to this section.
‘‘(g) REGULATIONS.—The Secretary of Defense may
prescribe such regulations as may be necessary to imple-
ment this section.’’.
345
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such subchapter is amended by adding
at the end the following new item:
‘‘462. Undergraduate training program.’’.
SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING
EXPENSES.
(a) AUTHORITY TO CARRY OUT PILOT PROGRAM.—
(1) The Secretary of Defense may establish a pilot pro-
gram to facilitate the reemployment of eligible employees
of the Department of Defense who are involuntarily sepa-
rated due to a reduction in force, relocation as a result
of a transfer of function, realignment, or change of duty
station. Under the pilot program, the Secretary may pay
retraining incentives to encourage non-Federal employers
to hire and retain such eligible employees.
(2) Under the pilot program, the Secretary may enter
into an agreement with a non-Federal employer under
which the employer agrees—
(A) to employ an eligible employee for at least
12 months at a salary that is mutually agreeable to
the employer and the eligible employee; and
(B) to certify to the Secretary the amount of
costs incurred by the employer for any necessary
training (as defined by the Secretary) provided to
such eligible employee in connection with the em-
ployment.
346
(3) The Secretary may pay a retraining incentive to
the non-Federal employer upon the employee’s completion
of 12 months of continuous employment with that em-
ployer. The Secretary shall determine the amount of the
incentive, except that in no event may such amount exceed
the amount certified with respect to such eligible employee
under paragraph (2)(A), or $10,000, whichever is greater.
(4) In a case in which an eligible employee does not
remain employed by the non-Federal employer for at least
12 months, the Secretary may pay to the employer a pro-
rated amount of what would have been the full retraining
incentive if the eligible employee had remained employed
for such 12-month period.
(b) ELIGIBLE EMPLOYEES.—For purposes of this
section, an eligible employee is an employee of the Depart-
ment of Defense, serving under an appointment without
time limitation, who has been employed by the Depart-
ment for a continuous period of at least 12 months and
who has been given notice of separation pursuant to a re-
duction in force, relocation as a result of a transfer of
function, realignment, or change of duty station, except
that such term does not include—
(1) a reemployed annuitant under the retire-
ment systems described in subchapter III of chapter
83 of title 5, United States Code, or chapter 84 of
347
such title, or another retirement system for employ-
ees of the Federal Government;
(2) an employee who, upon separation from
Federal service, is eligible for an immediate annuity
under subchapter III of chapter 83 of such title, or
subchapter II of chapter 84 of such title; or
(3) an employee who is eligible for disability re-
tirement under any of the retirement systems re-
ferred to in paragraph (1).
(c) DURATION.—No incentive may be paid under the
pilot program for training commenced after September 30,
2005.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘non-Federal employer’’ means
an employer that is not an Executive agency, as de-
fined in section 105 of title 5, United States Code,
or an entity in the legislative or judicial branch of
the Federal Government.
(2) The term ‘‘reduction in force’’ has the
meaning of that term as used in chapter 35 of such
title 5.
(3) The term ‘‘realignment’’ has the meaning
given that term in section 2910 of the Defense Base
Closure and Realignment Act of 1990 (title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
348
SEC. 1103. PAYMENT OF EXPENSES TO OBTAIN PROFES-
SIONAL CREDENTIALS.
(a) IN GENERAL.—Chapter 57 of title 5, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 5757. Payment of expenses to obtain professional
credentials
‘‘(a) An agency may use appropriated funds or funds
otherwise available to the agency to pay for—
‘‘(1) expenses for employees to obtain profes-
sional credentials, including expenses for profes-
sional accreditation, State-imposed and professional
licenses, and professional certification; and
‘‘(2) examinations to obtain such credentials.
‘‘(b) The authority under subsection (a) may not be
exercised on behalf of any employee occupying or seeking
to qualify for appointment to any position that is excepted
from the competitive service because of the confidential,
policy-determining, policy-making, or policy-advocating
character of the position.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘5757. Payment of expenses to obtain professional credentials.’’.
349
SEC. 1104. RETIREMENT PORTABILITY ELECTIONS FOR
CERTAIN DEPARTMENT OF DEFENSE AND
COAST GUARD EMPLOYEES.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8347(q) of title 5, United States Code, is amended—
(1) in paragraph (1)(B), by striking ‘‘has 5 or
more years of civilian service creditable under’’ and
inserting ‘‘is employed subject to’’; and
(2) in paragraph (2)(B)—
(A) by striking ‘‘vested’’; and
(B) by striking ‘‘, as the term ‘vested par-
ticipant’ is defined by such system’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8461(n) of such title is amended—
(1) in paragraph (1)(B), by striking ‘‘has 5 or
more years of civilian service creditable under’’ and
inserting ‘‘is employed subject to’’; and
(2) in paragraph (2)(B)—
(A) by striking ‘‘vested’’; and
(B) by striking ‘‘, as the term ‘vested par-
ticipant’ is defined by such system’’.
350
SEC. 1105. REMOVAL OF REQUIREMENT THAT GRANTING
CIVIL SERVICE COMPENSATORY TIME BE
BASED ON AMOUNT OF IRREGULAR OR OCCA-
SIONAL OVERTIME WORK.
Section 5543 of title 5, United States Code, is
amended by striking ‘‘irregular or occasional’’ in each
place such words appear.
SEC. 1106. APPLICABILITY OF CERTAIN LAWS TO CERTAIN
INDIVIDUALS ASSIGNED TO WORK IN THE
FEDERAL GOVERNMENT.
Section 3374(c)(2) of title 5, United States Code, is
amended by inserting ‘‘the Ethics in Government Act of
1978, section 1043 of the Internal Revenue Code of 1986,
section 27 of the Office of Federal Procurement Policy
Act,’’ after ‘‘chapter 73 of this title,’’.
SEC. 1107. LIMITATION ON PREMIUM PAY.
Section 5547 of title 5, United States Code, is
amended—
(1) by striking subsections (a) and (b) and in-
serting the following new subsections:
‘‘(a) An employee may be paid premium pay under
sections 5542, 5545 (a), (b), and (c), 5545a, and 5546
(a) and (b) of this title only to the extent that the aggre-
gate of such employee’s basic pay and premium pay under
those provisions would, in any calendar year, exceed the
351
maximum rate payable for GS–15 in effect at the end of
such calendar year.
‘‘(b) Subsection (a) shall not apply to any employee
of the Federal Aviation Administration or the Department
of Defense who is paid premium pay under section 5546a
of this title.’’; and
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘Sub-
sections (a) and (b)’’ and inserting ‘‘Subsection
(a)’’; and
(B) in paragraph (2), by striking ‘‘pay pe-
riod’’ and inserting ‘‘calendar year’’.
SEC. 1108. USE OF COMMON OCCUPATIONAL AND HEALTH
STANDARDS AS A BASIS FOR DIFFERENTIAL
PAYMENTS MADE AS A CONSEQUENCE OF EX-
POSURE TO ASBESTOS.
(a) 
PREVAILING
RATE
SYSTEMS.—Section
5343(c)(4) of title 5, United States Code, is amended by
inserting before the semicolon the following: ‘‘(and for any
hardship or hazard related to asbestos, such differentials
shall be determined by applying occupational safety and
health standards consistent with the permissible exposure
limit promulgated by the Secretary of Labor under the
Occupational Safety and Health Act of 1970)’’.
352
(b) GENERAL SCHEDULE PAY RATES.—The first
sentence of section 5545(d) of such title is amended by
inserting before the period the following: ‘‘(and for any
hardship or hazard related to asbestos, such differentials
shall be determined by applying occupational safety and
health standards consistent with the permissible exposure
limit promulgated by the Secretary of Labor under the
Occupational Safety and Health Act of 1970)’’.
(c) APPLICABILITY.—Any administrative or judicial
determination made after the date of the enactment of this
Act concerning differential back payments related to as-
bestos under section 5343(c)(4) or 5545(d) of such title
shall be based on the occupational safety and health stand-
ards described in such section, respectively.
SEC. 1109. AUTHORITY FOR DESIGNATED CIVILIAN EM-
PLOYEES ABROAD TO ACT AS A NOTARY.
(a) 
IN
GENERAL.—Paragraph 
(4) 
of 
section
1044a(b) of title 10, United States Code, is amended—
(1) by inserting ‘‘and, when outside the United
States, all civilian employees of the Department of
Defense,’’ after ‘‘duty status,’’; and
(2) by inserting ‘‘or the Department of De-
fense’’ before ‘‘or by statute’’.
(b) CLARIFICATION OF STATUS OF CIVILIAN ATTOR-
NEYS ACTING AS A NOTARY.—Paragraph (2) of such sec-
353
tion is amended by striking ‘‘legal assistance officers’’ and
inserting ‘‘legal assistance attorneys’’.
SEC. 1110. ‘‘MONRONEY AMENDMENT’’ RESTORED TO ITS
PRIOR FORM.
Paragraph (2) of section 5343(d) of title 5, United
States Code, is amended to read as such paragraph last
read before the enactment of section 1242 of the Depart-
ment of Defense Authorization Act, 1986 (Public Law 99–
145; 99 Stat. 735).
TITLE XII—MATTERS RELATING
TO FOREIGN NATIONS
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NU-
CLEAR TEST MONITORING EQUIPMENT TO
FOREIGN GOVERNMENTS.
Section 2565 of title 10, United States Code, as re-
designated by section 1047(a)(25), is amended—
(1) in subsection (a)—
(A) by striking ‘‘CONVEY OR’’ in the sub-
section heading and inserting ‘‘TRANSFER
TITLE TO OR OTHERWISE’’;
(B) in paragraph (1)—
(i) by striking ‘‘convey’’ and inserting
‘‘transfer title’’; and
(ii) by striking ‘‘and’’ after ‘‘equip-
ment;’’;
354
(C) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(D) by adding at the end the following new
paragraph:
‘‘(3) inspect, test, maintain, repair, or replace
any such equipment.’’; and
(2) in subsection (b)—
(A) by striking ‘‘conveyed or otherwise pro-
vided’’ and inserting ‘‘provided to a foreign gov-
ernment’’;
(B) by inserting ‘‘and’’ at the end of para-
graph (1);
(C) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and
(D) by striking paragraph (3).
SEC. 1202. ACQUISITION OF LOGISTICAL SUPPORT FOR SE-
CURITY FORCES.
Section 5 of the Multinational Force and Observers
Participation Resolution (22 U.S.C. 3424) is amended by
adding at the end the following new subsection:
‘‘(d)(1) The United States may use contractors to
provide logistical support to the Multinational Force and
Observers under this section in lieu of providing such sup-
port through a logistical support unit comprised of mem-
bers of the United States Armed Forces.
355
‘‘(2) Notwithstanding subsections (a) and (b) and
section 7(b), support by a contractor under this subsection
may be provided without reimbursement, whenever the
President determines that such action enhances or sup-
ports the national security interests of the United
States.’’.
SEC. 1203. REPORT ON THE SALE AND TRANSFER OF MILI-
TARY HARDWARE, EXPERTISE, AND TECH-
NOLOGY FROM STATES OF THE FORMER SO-
VIET UNION TO THE PEOPLE’S REPUBLIC OF
CHINA.
Section 1202 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
781; 10 U.S.C. 113 note) is amended by adding at the
end the following new subsection:
‘‘(d) REPORT
ON SALES
AND TRANSFERS FROM
STATES OF THE FORMER SOVIET UNION TO CHINA.—(1)
The report to be submitted under this section not later
than March 1, 2002, shall include in a separate section
a report describing the sales and transfer of military hard-
ware, expertise, and technology from states of the former
Soviet Union to the People’s Republic of China. The re-
port shall set forth the history of such sales and transfers
since 1990, forecast possible future sales and transfers,
and address the implications of those sales and transfers
356
for the security of the United States and its friends and
allies in Asia.
‘‘(2) The report shall include analysis and forecasts
of the following matters related to military cooperation be-
tween states of the former Soviet Union and the People’s
Republic of China:
‘‘(A) The policy of each of those states with re-
spect to arms sales to, and military cooperation
with, the People’s Republic of China.
‘‘(B) Any laws or regulations of those states
that could prohibit or limit such sales or coopera-
tion.
‘‘(C) The extent in each of those states of gov-
ernment knowledge, cooperation, or condoning of
sales or transfers of military hardware, expertise, or
technology to the People’s Republic of China.
‘‘(D) An itemization of sales or transfers of
military hardware, expertise, or technology from any
of those states to the People’s Republic of China
that have taken place since 1990, with a particular
focus on command, control, communications, and in-
telligence systems.
‘‘(E) A description of any sale or transfer of
military hardware, expertise, or technology from any
of those states to the People’s Republic of China
357
that is currently under negotiation or contemplation
through the end of 2005.
‘‘(F) Identification of Chinese defense indus-
tries in which technicians from states of the former
Soviet Union are working and of defense industries
of those states in which Chinese technicians are
working and a description in each case of the extent
and the nature of the work performed by such tech-
nicians.
‘‘(G) The extent of assistance by any of those
states to key research and development programs of
China, including programs for development of weap-
ons of mass destruction and delivery vehicles for
such weapons, programs for development of ad-
vanced conventional weapons, and programs for de-
velopment of unconventional weapons.
‘‘(H) The extent of assistance by any of those
states to information warfare or electronic warfare
programs of China.
‘‘(I) The extent of assistance by any of those
states to manned and unmanned space operations of
China.
‘‘(J) The extent to which arms sales by any of
those states to the People’s Republic of China are a
358
source of funds for military research and develop-
ment or procurement programs in the selling state.
‘‘(3) The report under paragraph (1) shall include,
with respect to each area of analysis and forecasts speci-
fied in paragraph (2)—
‘‘(A) an assessment of the military effects of
such sales or transfers to entities in the People’s Re-
public of China;
‘‘(B) an assessment of the ability of the Peo-
ple’s Liberation Army to assimilate such sales or
transfers, mass produce new equipment, or develop
doctrine for use; and
‘‘(C) the potential threat of developments re-
lated to such effects on the security interests of the
United States and its friends and allies in Asia.’’.
SEC. 1204. LIMITATION ON FUNDING FOR JOINT DATA EX-
CHANGE CENTER.
(a) LIMITATION.—Funds made available to the De-
partment of Defense for fiscal year 2002 may not be obli-
gated or expended for any activity associated with the
Joint Data Exchange Center in Moscow, Russia, until—
(1) the United States and the Russian Federa-
tion enter into a cost-sharing agreement as described
in subsection (d) of section 1231 of the Floyd D.
Spence National Defense Authorization Act for Fis-
359
cal Year 2001, as enacted into law by Public Law
106-398 (114 Stat. 1654A–329);
(2) the United States and the Russian Federa-
tion enter into an agreement or agreements exempt-
ing the United States and any United States person
from Russian taxes, and from liability under Rus-
sian laws, with respect to activities associated with
the Joint Data Exchange Center;
(3) the Secretary of Defense submits to the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Rep-
resentatives a copy of each agreement referred to in
paragraphs (1) and (2); and
(4) a period of 30 days has expired after the
date of the final submission under paragraph (3).
(b) JOINT DATA EXCHANGE CENTER.—For purposes
of this section, the term ‘‘Joint Data Exchange Center’’
means the United States-Russian Federation joint center
for the exchange of data to provide early warning of
launches of ballistic missiles and for notification of such
launches that is provided for in a joint United States-Rus-
sian Federation memorandum of agreement signed in
Moscow in June 2000.
360
SEC. 1205. EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE UNDER WEAPONS OF MASS DESTRUC-
TION ACT FOR SUPPORT OF UNITED NA-
TIONS-SPONSORED 
EFFORTS 
TO 
INSPECT
AND MONITOR IRAQI WEAPONS ACTIVITIES.
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS-
CAL YEAR 2002.—The total amount of the assistance for
fiscal year 2002 that is provided by the Secretary of De-
fense under section 1505 of the Weapons of Mass Destruc-
tion Control Act of 1992 (22 U.S.C. 5859a) as activities
of the Department of Defense in support of activities
under that Act may not exceed $15,000,000. Such assist-
ance may be provided for fiscal year 2002 only to support
activities of an organization established for the purpose
of (or otherwise given the mission of providing) a com-
prehensive accounting for all items, facilities, and capabili-
ties in Iraq related to weapons of mass destruction.
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE.—Subsection (f) of section 1505 of the Weapons of
Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking ‘‘2001’’ and inserting ‘‘2002’’.
(c) CHANGE OF QUARTERLY REPORT REQUIREMENT
TO ANNUAL REPORT.—(1) Subsection (e)(1) of such sec-
tion is amended—
(A) by striking ‘‘quarter of a’’ in the first sen-
tence; and
361
(B) by striking ‘‘(for the preceding quarter and
cumulatively)’’ and inserting ‘‘for the preceding fis-
cal year’’.
(2) The amendments made by subsection (a) shall
take effect on November 1, 2001, or the date of the enact-
ment of this Act, whichever is later.
SEC. 1206. REPEAL OF REQUIREMENT FOR REPORTING TO
CONGRESS ON MILITARY DEPLOYMENTS TO
HAITI.
Section 1232(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (Public Law 106–65; 113
Stat. 788) is repealed.
SEC. 1207. REPORT BY COMPTROLLER GENERAL ON PROVI-
SION OF DEFENSE ARTICLES, SERVICES, AND
MILITARY EDUCATION AND TRAINING TO
FOREIGN COUNTRIES AND INTERNATIONAL
ORGANIZATIONS.
(a) STUDY.—The Comptroller General shall conduct
a study of the following:
(1) The benefits derived by each foreign coun-
try or international organization from the receipt of
defense articles, defense services, or military edu-
cation and training provided after December 31,
1989, pursuant to the drawdown of such articles,
services, or education and training from the stocks
362
of the Department of Defense under section 506,
516, or 552 of the Foreign Assistance Act of 1961
(22 U.S.C. 2318, 2321j, or 2348a) or any other pro-
vision of law.
(2) Any benefits derived by the United States
from the provision of defense articles, defense serv-
ices, and military education and training described
in paragraph (1).
(3) The affect on the readiness of the Armed
Forces as a result of the provision by the United
States of defense articles, defense services, and mili-
tary education and training described in paragraph
(1).
(4) The cost to the Department of Defense with
respect to the provision of defense articles, defense
services, and military education and training de-
scribed in paragraph (1).
(b) REPORTS.—(1) Not later than April 15, 2002,
the Comptroller General shall submit to Congress an in-
terim report containing the results to that date of the
study conducted under subsection (a).
(2) Not later than August 1, 2002, the Comptroller
General shall submit to Congress a final report containing
the results of the study conducted under subsection (a).
363
SEC. 1208. LIMITATION ON NUMBER OF MILITARY PER-
SONNEL IN COLOMBIA.
(a) LIMITATION.—None of the funds available to the
Department of Defense may be used to support or main-
tain more than 500 members of the Armed Forces on duty
in the Republic of Colombia at any time.
(b) EXCEPTIONS.—There shall be excluded from
counting for the purposes of the limitation in subsection
(a) the following:
(1) A member of the Armed Forces in the Re-
public of Colombia for the purpose of rescuing or re-
trieving United States military or civilian Govern-
ment personnel, except that the period for which
such a member may be so excluded may not exceed
30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to
the United States Embassy in Colombia as an
attache´, as a member of the security assistance of-
fice, or as a member of the Marine Corps security
contingent.
(3) A member of the Armed Forces in Colombia
to participate in relief efforts in responding to a nat-
ural disaster.
(4) Nonoperational transient military personnel.
364
SEC. 1209. AUTHORITY FOR EMPLOYEES OF FEDERAL GOV-
ERNMENT CONTRACTORS TO ACCOMPANY
CHEMICAL WEAPONS INSPECTION TEAMS AT
GOVERNMENT-OWNED FACILITIES.
(a) AUTHORITY TO CONDUCT INSPECTIONS.—Sec-
tion 303 of the Chemical Weapons Convention Implemen-
tation Act of 1998 (as contained in Public Law 105–277;
112 Stat. 2681–873; 22 U.S.C. 6723) is amended in sub-
section (b)(2) by inserting ‘‘(and in the case of inspection
of Federal Government-owned facilities, such designation
may include employees of a contractor with the Federal
Government)’’ after ‘‘Federal Government’’.
(b) PROCEDURES FOR INSPECTIONS.—Section 304
of such Act (22 U.S.C. 6724) is amended in subsection
(c) by inserting ‘‘or contractor with the Federal Govern-
ment’’ after ‘‘Federal Government’’.
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Co-
operative Threat Reduction programs are the programs
specified in section 1501(b) of the National Defense Au-
365
thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2002 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the
term ‘‘fiscal year 2002 Cooperative Threat Reduction
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to the authorization of appropriations in section
301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the
$403,000,000 authorized to be appropriated to the De-
partment of Defense for fiscal year 2002 in section
301(23) for Cooperative Threat Reduction programs, not
more than the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination in
Russia, $133,400,000.
(2) For strategic nuclear arms elimination in
Ukraine, $51,500,000.
(3) For nuclear weapons transportation security
in Russia, $9,500,000.
366
(4) For nuclear weapons storage security in
Russia, $56,000,000.
(5) For biological weapons proliferation preven-
tion 
activities 
in 
the 
former 
Soviet 
Union,
$17,000,000.
(6) For activities designated as Other Assess-
ments/Administrative Support, $13,200,000.
(7) 
For 
defense 
and 
military 
contacts,
$18,700,000.
(8) For activities related to the construction of
a chemical weapons destruction facility in Russia,
$35,000,000.
(9) For elimination of chemical weapons pro-
duction facilities in Russia, $15,000,000.
(10) For weapons of mass destruction infra-
structure elimination activities in Kazakhstan,
$6,000,000.
(11) For weapons of mass destruction infra-
structure 
elimination 
activities 
in 
Ukraine,
$6,000,000.
(12) For activities to assist Russia in the elimi-
nation 
of 
plutonium 
production 
reactors,
$41,700,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2002 Co-
367
operative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (12) of subsection (a) until 30 days
after the date that the Secretary of Defense submits to
Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2002 Cooperative Threat Reduction
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title
or any other provision of law.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the Sec-
retary may obligate amounts appropriated for fiscal year
2002 for a purpose listed in any of the paragraphs in sub-
section (a) in excess of the amount specifically authorized
for such purpose.
(2) An obligation of funds for a purpose stated in
any of the paragraphs in subsection (a) in excess of the
specific amount authorized for such purpose may be made
using the authority provided in paragraph (1) only after—
368
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for the purposes
stated in subsection (a)(3) or any of paragraphs (5)
through (12) of subsection (a) in excess of 115 percent
of the amount specifically authorized for such purposes.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL
SUBMISSION OF REPORTS.
No fiscal year 2002 Cooperative Threat Reduction
funds may be obligated or expended until 30 days after
the date of the submission of—
(1) the report required to be submitted in fiscal
year 2001 under section 1308(a) of the Floyd D.
Spence National Defense Authorization Act for Fis-
cal Year 2001 (as enacted in Public Law 106–398;
114 Stat. 1654A–341); and
(2) the multiyear plan required to be submitted
for fiscal year 2001 under section 1308(h) of such
Act.
369
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY
ACTIVITIES CARRIED OUT UNDER COOPERA-
TIVE THREAT REDUCTION PROGRAMS.
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report describing how the Secretary plans
to monitor the use of revenue generated by activities car-
ried out under Cooperative Threat Reduction programs in
Russia and Ukraine.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SEC-
OND WING OF FISSILE MATERIAL STORAGE
FACILITY.
(a) PROHIBITION.—No funds authorized to be appro-
priated for Cooperative Threat Reduction programs for
any fiscal year may be used for the design, planning, or
construction of a second wing for a storage facility for
Russian fissile material.
(b) CONFORMING AMENDMENT.—Section 1304 of the
Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted in Public Law 106–398; 114
Stat. 1654A–341) is amended to read as follows:
‘‘SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE
MATERIAL STORAGE FACILITY.
Out of funds authorized to be appropriated for Coop-
erative Threat Reduction programs for fiscal year 2001
or any other fiscal year, not more than $412,600,000 may
370
be used for planning, design, or construction of the first
wing for the storage facility for Russian fissile material
referred to in section 1302(a)(5).’’.
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CON-
STRUCTION OR REFURBISHMENT OF CER-
TAIN FOSSIL FUEL ENERGY PLANTS.
Section 1307 of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted
in Public Law 106–398; 114 Stat. 1654A–341) is
amended—
(1) by striking the heading and inserting the
following new heading:
‘‘SEC. 1307. PROHIBITION AGAINST USE OF FUNDS FOR
CONSTRUCTION 
OR 
REFURBISHMENT 
OF
FOSSIL FUEL ENERGY PLANTS; REPORT.’’;
and
(2) by striking subsection (a) and inserting the
following new subsection:
‘‘(a) PROHIBITION.—No funds appropriated for Co-
operative Threat Reduction programs for any fiscal year
may be used for the construction or refurbishment of a
fossil fuel energy plant intended to provide power to local
communities that receive power from nuclear energy
plants that produce plutonium.’’.
371
SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE
UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
Section 1308(c)(4) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as en-
acted in Public Law 106–398; 114 Stat. 1654A–342) is
amended—
(1) in the matter preceding subparagraph (A)—
(A) by striking ‘‘audits’’ and all that fol-
lows 
through 
‘‘conducted’’ 
and 
inserting
‘‘means (including program management, au-
dits, examinations, and other means) used’’;
and
(B) by striking ‘‘and that such assistance
is being used for its intended purpose’’ and in-
serting ‘‘, that such assistance is being used for
its intended purpose, and that such assistance
is being used efficiently and effectively’’;
(2) in subparagraph (C), by inserting ‘‘and an
assessment of whether the assistance being provided
is being used effectively and efficiently’’ before the
semicolon; and
(3) in subparagraph (D), by striking ‘‘audits,
examinations, and other’’.
372
SEC. 1308. REPORT ON RESPONSIBILITY FOR CARRYING
OUT 
COOPERATIVE 
THREAT 
REDUCTION
PROGRAMS.
Not later than March 15, 2002, the Secretary of De-
fense shall submit to Congress a report describing—
(1) the rationale for executing Cooperative
Threat Reduction programs under the auspices of
the Department of Defense and the justification for
maintaining responsibility for any particular project
carried out through Cooperative Threat Reduction
programs with the Department of Defense;
(2) options for transferring responsibility for
carrying out Cooperative Threat Reduction pro-
grams to an executive agency (or agencies) other
than the Department of Defense, if appropriate; and
(3) how such a transfer might be carried out.
SEC. 1309. CHEMICAL WEAPONS DESTRUCTION.
Section 1305 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
794) is amended by inserting before the period at the end
the following: ‘‘until the Secretary of Defense submits to
Congress a certification that there has been—
‘‘(1) full and accurate disclosure by Russia of
the size of its existing chemical weapons stockpile;
373
‘‘(2) a demonstrated annual commitment by
Russia to allocate at least $25,000,000 to chemical
weapons elimination;
‘‘(3) development by Russia of a practical plan
for destroying its stockpile of nerve agents;
‘‘(4) enactment of a law by Russia that pro-
vides for the elimination of all nerve agents at a sin-
gle site; and
‘‘(5) an agreement by Russia to destroy its
chemical weapons production facilities at Volgograd
and Novocheboksark’’.
TITLE XIV—DEFENSE SPACE
REORGANIZATION
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Defense Space Reor-
ganization Act of 2001’’.
SEC. 1402. AUTHORITY TO ESTABLISH POSITION OF UNDER
SECRETARY OF DEFENSE FOR SPACE, INTEL-
LIGENCE, AND INFORMATION.
(a) AUTHORITY TO ESTABLISH POSITION.—The
President may establish in the Department of Defense the
position of Under Secretary of Defense for Space, Intel-
ligence, and Information. If that position is so established,
the Under Secretary of Defense for Space, Intelligence,
and Information shall perform duties and exercise powers
374
as set forth in section 137 of title 10, United States Code,
as added by subsection (e).
(b) DEADLINE FOR EXERCISE OF AUTHORITY.—The
authority provided in subsection (a) may not be exercised
after December 31, 2003.
(c) NOTICE OF EXERCISE OF AUTHORITY.—(1) If
the authority provided in subsection (a) is exercised, the
President shall immediately submit to Congress notifica-
tion in writing of the establishment of the position of
Under Secretary of Defense for Space, Intelligence, and
Information, together with the date as of which the posi-
tion is established. If the President declines to exercise
the authority provided in subsection (a), the President
shall, before the date specified in subsection (b), submit
to Congress a report on how the President has imple-
mented the recommendations of the report of the Space
Commission with respect to the Department of Defense.
(2) For purposes of paragraph (1), the term ‘‘report
of the Space Commission’’ means the report of the Com-
mission To Assess United States National Security Space
Management and Organization, dated January 11, 2001,
and submitted to Congress under section 1623 of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 815).
375
(d) CONTINGENT
ENACTMENT
OF
U.S. CODE
AMENDMENTS.—If the position of Under Secretary of De-
fense for Space, Intelligence, and Information is estab-
lished under the authority provided in subsection (a), then
the amendments set forth in subsections (e) and (f) shall
be executed, effective as of the date specified in the notice
submitted under the first sentence of subsection (c)(1).
Otherwise, those amendments shall not be executed.
(e) APPOINTMENT, DUTIES, ETC., OF UNDER SEC-
RETARY.—(1) Subject to subsection (d), chapter 4 of title
10, United States Code, is amended—
(A) by redesignating section 137 as section
139a and transferring such section (as so redesig-
nated) within such chapter so as to appear after sec-
tion 139; and
(B) by inserting after section 136 the following
new section 137:
‘‘§ 137. Under Secretary of Defense for Space, Intel-
ligence, and Information
‘‘(a) There is an Under Secretary of Defense for
Space, Intelligence, and Information, appointed from civil-
ian life by the President, by and with the advice and con-
sent of the Senate.
‘‘(b) Subject to the authority, direction, and control
of the Secretary of Defense, the Under Secretary of De-
376
fense for Space, Intelligence, and Information shall per-
form such duties and exercise such powers relating to the
space, intelligence, and information programs and activi-
ties of the Department of Defense as the Secretary of De-
fense may prescribe.
‘‘(c) The Secretary of Defense shall designate the
Under Secretary of Defense for Space, Intelligence, and
Information as the Chief Information Officer of the De-
partment of Defense under section 3506(a)(2)(B) of title
44.
‘‘(d) The Under Secretary of Defense for Space, In-
telligence, and Information takes precedence in the De-
partment of Defense after the Under Secretary of Defense
for Personnel and Readiness.’’.
(2) Subject to subsection (d), section 131(b) of that
title is amended—
(A) by redesignating paragraphs (6) through
(11) as paragraphs (7) through (12), respectively;
and
(B) by inserting after paragraph (5) the fol-
lowing new paragraph (6):
‘‘(6) The Under Secretary of Defense for
Space, Intelligence, and Information.’’.
(3) Subject to subsection (d), the table of sections
at the beginning of chapter 4 of such title is amended—
377
(A) by striking the item relating to section 137
and inserting the following new item:
‘‘137. Under Secretary of Defense for Space, Intelligence, and Information.’’;
and
(B) by inserting after the item relating to sec-
tion 139 the following new item:
‘‘139a. Director of Defense Research and Engineering.’’.
(f) ASSISTANT SECRETARIES OF DEFENSE.—Subject
to subsection (d), section 138 of such title is amended—
(1) in subsection (a), by striking ‘‘nine’’ and in-
serting ‘‘eleven’’; and
(2) in subsection (b), by inserting after para-
graph (2) the following new paragraph:
‘‘(3) Not more than three of the Assistant Secretaries
may be assigned duties under the authority of the Under
Secretary of Defense for Space, Intelligence, and Informa-
tion and shall report to that Under Secretary.’’.
(g) REPORT.—Not later than 30 days before exer-
cising the authority provided in subsection (a), the Presi-
dent shall submit to Congress a report on the proposed
organization of the office of the Under Secretary of De-
fense for Space, Intelligence, and Information. If such a
report has not been submitted as of April 15, 2002, the
President shall submit to Congress a report, not later than
that date, setting forth the President’s view as of that date
of the desirability of establishing the position of Under
378
Secretary of Defense for Space, Intelligence, and Informa-
tion in the Department of Defense.
SEC. 1403. AUTHORITY TO DESIGNATE UNDER SECRETARY
OF THE AIR FORCE AS ACQUISITION EXECU-
TIVE FOR SPACE OF THE DEPARTMENT OF
DEFENSE.
(a) EXECUTIVE AGENT.—Part IV of subtitle A of
title 10, United States Code, is amended by inserting after
chapter 134 the following new chapter:
‘‘CHAPTER 135—SPACE PROGRAMS
‘‘Sec.
‘‘2271. Executive agent.
‘‘§ 2271. Executive agent
‘‘(a) SECRETARY OF THE AIR FORCE.—The Sec-
retary of the Air Force may be designated as the executive
agent of the Department of Defense—
‘‘(1) for the planning of the acquisition pro-
grams, projects, and activities of the Department
that relate to space; and
‘‘(2) for the execution of those programs,
projects, and activities.
‘‘(b) ACQUISITION EXECUTIVE.—The Secretary may
designate the Under Secretary of the Air Force as the ac-
quisition executive of the Air Force for the programs,
projects, and activities referred to in subsection (a).’’.
379
(b) CLERICAL AMENDMENT.—The tables of chapters
at the beginning of such subtitle and the beginning of part
IV of such subtitle are amended by inserting after the item
relating to chapter 134 the following new item:
‘‘135. Space Programs ...................................................................... 2271’’.
SEC. 1404. MAJOR FORCE PROGRAM CATEGORY FOR SPACE
PROGRAMS.
(a) REQUIREMENT.—The Secretary of Defense may
create a major force program category for space programs
for purposes of the future-years defense program under
section 221 of title 10, United States Code.
(b) COMMENCEMENT.—If the category under sub-
section (a) is created, such category shall be included in
each future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in fiscal
years after fiscal year 2002.
SEC. 1405. COMPTROLLER GENERAL ASSESSMENT OF IM-
PLEMENTATION OF RECOMMENDATIONS OF
SPACE COMMISSION.
(a) ASSESSMENT.—(1) The Comptroller General
shall carry out an assessment through February 15, 2003,
of the actions taken by the Secretary of Defense in imple-
menting the recommendations in the report of the Space
Commission that are applicable to the Department of De-
fense.
380
(2) For purposes of paragraph (1), the term ‘‘report
of the Space Commission’’ means the report of the Com-
mission To Assess United States National Security Space
Management and Organization, dated January 11, 2001,
and submitted to Congress under section 1623 of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 815).
(b) REPORTS.—Not later than February 15 of each
of 2002 and 2003, the Comptroller General shall submit
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Rep-
resentatives a report on the assessment carried out under
subsection (a). Each report shall set forth the results of
the assessment as of the date of such report.
SEC. 1406. COMMANDER OF AIR FORCE SPACE COMMAND.
(a) IN GENERAL.—Chapter 845 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 8584. Commander of Air Force Space Command
‘‘The Secretary of Defense may require that the offi-
cer serving as commander of the Air Force Space Com-
mand not serve simultaneously as commander of the
United States Space Command (or any successor combat-
ant command with responsibility for space) or as com-
381
mander of the United States element of the North Amer-
ican Air Defense Command.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘8584. Commander of Air Force Space Command.’’.
SEC. 1407. AUTHORITY TO ESTABLISH SEPARATE CAREER
FIELD IN THE AIR FORCE FOR SPACE.
The Secretary of the Air Force, acting through the
Under Secretary of the Air Force, may establish and im-
plement policies and procedures to develop a cadre of tech-
nically competent officers with the capability to develop
space doctrine, concepts of space operations, and manage-
ment of space systems for the Air Force.
SEC. 1408. RELATIONSHIP TO AUTHORITIES AND RESPON-
SIBILITIES OF DIRECTOR OF CENTRAL IN-
TELLIGENCE.
Nothing in this title or the amendments made by this
title shall modify, alter, or supersede the authorities and
responsibilities of the Director of Central Intelligence.
382
TITLE XV—ACTIVITIES TO
COMBAT TERRORISM
Subtitle A—Increased Funding to
Combat Terrorism
SEC. 1501. INCREASED FUNDING.
(a) IN GENERAL.—The amount provided in section
301(5) for Operation and Maintenance, Defense-wide Ac-
tivities, is hereby increased by $400,000,000, to be avail-
able as follows:
(1) INTELLIGENCE PROGRAMS.—For increased
situational awareness and upgrades to intelligence
programs to enhance United States security posture,
$100,000,000.
(2) ANTI-TERRORISM
INITIATIVES.—For en-
hanced anti-terrorism and force protection initiatives
to reduce vulnerabilities at United States military
installations and facilities in the United States and
worldwide, $150,000,000.
(3) COUNTER-TERRORISM
INITIATIVES.—For
offensive counter-terrorism initiatives, $100,000,000.
(4) 
CONSEQUENCE
MANAGEMENT
ACTIVI-
TIES.—For 
consequence 
management 
activities,
$50,000,000.
(b) TRANSFER AUTHORITY.—The amounts specified
in subsection (a) are available for transfer to other current
383
accounts of the Department of Defense, as determined by
the Secretary of Defense.
(c) OFFSETTING REDUCTIONS.—
(1) The amount provided in section 201(4) for
Research, Development, Test, and Evaluation, De-
fense-Wide is hereby reduced by $265,000,000, to be
derived from amounts for the Ballistic Missile De-
fense Organization, of which—
(A) $145,000,000 shall be derived from
the Mid-Course Defense Segment program ele-
ment (PE603882C); and
(B) $120,000,000 shall be derived from
the Boost Phase Defense Segment program ele-
ment (PE603883C) for space-based activities.
(2) The amount provided in section 301(5) for
Operation and Maintenance, Defense-wide Activities,
is hereby reduced by $135,000,000, to be derived
from amounts for consulting services.
SEC. 1502. TREATMENT OF TRANSFERRED AMOUNTS.
Funds transferred under authority of section 1501(a)
shall be merged with, and shall be available for the same
time period as, the appropriations to which transferred.
The transfer authority under that section is in addition
to the transfer authority provided by section 1001.
384
Subtitle B—Policy Matters Relating
to Combating Terrorism
SEC. 1511. ASSESSMENT OF DEPARTMENT OF DEFENSE
ABILITY TO RESPOND TO TERRORIST AT-
TACKS.
(a) ASSESSMENT.—The Secretary of Defense shall
conduct an assessment of the ability of the Department
of Defense to provide support for the consequence man-
agement activities of other Federal, State, and local agen-
cies, directly taking into account the terrorist attacks on
the United States on September 11, 2001, and the
changed situation regarding terrorism.
(b) RECOMMENDATIONS.—The Secretary of Defense
shall submit to the President and Congress a report pro-
viding recommendations for ways to enhance the ability
of the Department of Defense to provide support described
in subsection (a). The report shall address the rec-
ommendations made by the Vice President in his report
to the President on the development of a coordinated na-
tional effort to improve national preparedness, including
efforts to combat terrorism, as directed by the President
in May 2001. The report shall be submitted not later than
60 days after the date on which the Vice President sub-
mits to the President the report under the preceding sen-
tence.
385
SEC. 1512. REPORT ON DEPARTMENT OF DEFENSE ABILITY
TO PROTECT THE UNITED STATES FROM AIR-
BORNE THREATS.
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report on the ability of the Department of
Defense to protect the United States from airborne
threats, including threats originating from within the bor-
ders of the United States. The report shall identify im-
provements that can be made to enhance the security of
the American people against these threats and shall rec-
ommend actions, including legislative proposals, designed
to address and overcome existing vulnerabilities.
SEC. 1513. ESTABLISHMENT OF COMBATING TERRORISM AS
A NATIONAL SECURITY MISSION.
Section 108(b)(2) of the National Security Act of
1947 (50 U.S.C. 404a(b)(2)) is amended by inserting ‘‘,
including acts of terrorism,’’ after ‘‘aggression’’.
SEC. 1514. DEPARTMENT OF DEFENSE COORDINATION
WITH FEMA AND FBI.
The Secretary of Defense shall seek an agreement
with the Director of the Federal Bureau of Investigation
and the Director of Federal Emergency Management
Agency that clarifies the roles of Department of Defense
Weapons of Mass Destruction Civil Support Teams in re-
lation to both agencies with respect to coordination of the
386
roles and missions of those teams in support of crisis man-
agement and consequence management efforts.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE; DEFINITION.
(a) SHORT TITLE.—This division may be cited as the
‘‘Military Construction Authorization Act for Fiscal Year
2002’’.
(b) DEFINITION OF FISCAL YEAR 2001 DEFENSE
AUTHORIZATION ACT.—In this division, the term ‘‘Spence
Act’’ means the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001, as enacted into law
by Public Law 106–398 (114 Stat. 1654).
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(1), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
387
Army: Inside the United States
State
Installation or location
Amount
Alabama ..............................
Anniston Army Depot ..................
$5,150,000
Fort Rucker .................................
$11,400,000
Redstone Arsenal .........................
$7,200,000
Alaska .................................
Fort Richardson ...........................
$97,000,000
Fort Wainwright ..........................
$27,200,000
Arizona ................................
Fort Huachuca .............................
$6,100,000
Yuma Proving Ground .................
$3,100,000
California ............................
Defense Language Institute .........
$5,900,000
Fort Irwin ....................................
$23,000,000
Colorado ..............................
Fort Carson .................................
$66,000,000
District of Columbia ...........
Fort McNair .................................
$11,600,000
Georgia ................................
Fort Benning ...............................
$23,900,000
Fort Gillem ..................................
$43,600,000
Fort Gordon .................................
$34,000,000
Fort Stewart/Hunter Army Air
Field .........................................
$39,800,000
Hawaii .................................
Navy Public Works Center, Pearl
Harbor ......................................
$11,800,000
Pohakuloa Training Facility ........
$5,100,000
Wheeler Army Air Field ..............
$50,000,000
Kansas ................................
Fort Riley .....................................
$10,900,000
Kentucky .............................
Fort Campbell ..............................
$88,900,000
Louisiana ............................
Fort Polk .....................................
$21,200,000
Maryland .............................
Aberdeen Proving Ground ...........
$58,300,000
Fort Meade ..................................
$5,800,000
Fort Leonard Wood .....................
$12,250,000
New Jersey ..........................
Fort Monmouth ...........................
$20,000,000
Picatinny Arsenal .........................
$10,200,000
New Mexico .........................
White Sands Missile Range .........
$7,600,000
New York ............................
Fort Drum ...................................
$59,350,000
North Carolina ....................
Fort Bragg ...................................
$21,300,000
Sunny Point Military Ocean Ter-
minal ........................................
$11,400,000
Oklahoma ............................
Fort Sill .......................................
$5,100,000
South Carolina ....................
Fort Jackson ................................
$3,650,000
Texas ...................................
Corpus Christi Army Depot .........
$10,400,000
Fort Sam Houston .......................
$9,650,000
Fort Bliss .....................................
$5,000,000
Fort Hood ....................................
$104,200,000
Virginia ...............................
Fort Belvoir .................................
$35,950,000
Fort Eustis ..................................
$24,750,000
Fort Lee .......................................
$23,900,000
Washington .........................
Fort Lewis ...................................
$238,200,000
Total: ....................................
$1,300,710,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the locations outside the United States,
and in the amounts, set forth in the following table:
388
Army: Outside the United States
Country
Installation or location
Amount
Germany ...............................
Area Support Group, Bamberg ......
$36,000,000
Area Support Group, Darmstadt ....
$13,500,000
Baumholder .....................................
$9,000,000
Hanau .............................................
$7,200,000
Heidelberg .......................................
$15,300,000
Mannheim .......................................
$16,000,000
Wiesbaden Air Base ........................
$26,300,000
Korea ....................................
Camp Carroll ..................................
$16,593,000
Camp Casey ....................................
$8,500,000
Camp Hovey ...................................
$35,750,000
Camp Humphreys ...........................
$14,500,000
Camp Jackson .................................
$6,100,000
Camp Stanley ..................................
$28,000,000
Kwajalein ..............................
Kwajalein Atoll ...............................
$11,000,000
Total: .......................................
$243,743,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(3), the Secretary of the Army may ac-
quire real property and carry out military construction
projects for the installation and location, and in the
amount set forth in the following table:
Army: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide .........
Classified Location ..........................
$4,000,000
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts, set forth in the following table:
Army: Family Housing
State or Country
Installation or location
Purpose
Amount
Alaska ...........................
Fort Wainwright ...............
32 Units ......
$12,000,000
389
Army: Family Housing—Continued
State or Country
Installation or location
Purpose
Amount
Arizona .........................
Fort Huachuca ..................
72 Units ......
$10,800,000
Georgia .........................
Fort Stewart .....................
160 Units ....
$2,500,000
Kansas ..........................
Fort Leavenworth .............
40 Units ......
$10,000,000
Texas ............................
Fort Bliss ..........................
76 Units ......
$13,600,000
Korea ............................
Camp Humphreys .............
54 Units ......
$12,800,000
Total: ...
$61,700,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of family housing units in an amount not
to exceed $11,592,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(A),
the Secretary of the Army may improve existing military
family housing units in an amount not to exceed
$220,750,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $3,018,077,000, as follows:
390
(1) For military construction projects inside the
United States authorized by section 2101(a),
$1,089,416,000.
(2) For military construction projects outside
the United States authorized by section 2101(b),
$243,743,000.
(3) For a military construction project at an
unspecified worldwide location authorized by section
2101(c), $4,000,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $18,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $163,676,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $294,576,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$1,102,732,000.
(7) For the construction of a cadet development
center at the United States Military Academy, West
391
Point, New York, authorized by section 2101(a) of
the Military Construction Authorization Act for Fis-
cal Year 1999 (division B of Public Law 105–261,
112 Stat. 2182), $37,900,000.
(8) For the construction of phase 2C of a bar-
racks complex, Tagaytay Street, at Fort Bragg,
North Carolina, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 825), $17,500,000.
(9) For the construction of phase 1C of a bar-
racks complex, Wilson Street, at Schofield Barracks,
Hawaii, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106–65, 113 Stat.
825), $23,000,000.
(10) For construction of phase 2 of a basic
combat training complex at Fort Leonard Wood,
Missouri, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2001 (division B of the Spence Act; 114 Stat.
1654A–389), as amended by section 2105 of this
Act, $27,000,000.
(11) For the construction of phase 2 of a battle
simulation center at Fort Drum, New York, author-
392
ized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A–389), as
amended by section 2105 of this Act, $9,000,000.
(12) For the construction of phase 1 of a bar-
racks complex, Butner Road, at Fort Bragg, North
Carolina, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2001 (division B of the Spence Act; 114 Stat.
1654A–389), $49,000,000.
(13) For the construction of phase 1 of a bar-
racks complex, Longstreet Road, at Fort Bragg,
North Carolina, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal
Year 2001 (division B of the Spence Act; 114 Stat.
1654A–389), $27,000,000.
(14) For the construction of a multipurpose
digital training range at Fort Hood, Texas, author-
ized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A–389), as
amended by section 2105 of this Act, $13,000,000.
(15) For the homeowners assistance program,
as authorized by section 2832(a) of title 10, United
393
States Code, $10,119,000, to remain available until
expended.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2101 of this Act
may not exceed—
(1) The total amount authorized to be appro-
priated under paragraphs (1), (2), (3) of subsection
(a);
(2) $52,000,000 (the balance of the amount au-
thorized under section 2201 (a) for construction of
a barracks complex, D Street, at Fort Richardson,
Alaska);
(3) $41,000,000 (the balance of the amount au-
thorized under section 2201 (a) for construction of
phase 1 of a barracks complex, Nelson Blvd, at Fort
Carson, Colorado);
(4) $36,000,000 (the balance of the amount au-
thorized under section 2201 (a) for construction of
phase 1 of a basic combat training complex at Fort
Jackson, South Carolina); and
(5) $102,000,000 (the balance of the amount
authorized under section 2201 (a) for construction
394
of a barracks complex, 17th & B Streets, at Fort
Lewis, Washington).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (15)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $36,168,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $75,417,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support
outside the United States.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2001 PROJECTS.
(a) MODIFICATION.—The table in section 2101(a) of
the Military Construction Authorization Act for Fiscal
Year 2001 (division B of the Spence Act; 114 Stat.
1654A–389) is amended—
(1) in the item relating to Fort Leonard Wood,
Missouri, by striking ‘‘$65,400,000’’ in the amount
column and inserting ‘‘$69,400,000’’;
395
(2) in the item relating to Fort Drum, New
York, by striking ‘‘$18,000,000’’ in the amount col-
umn and inserting ‘‘$21,000,000’’;
(3) in the item relating to Fort Hood, Texas,
by striking ‘‘$36,492,000’’ in the amount column
and inserting ‘‘$39,492,000’’; and
(4) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$623,074,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104 of
that Act (114 Stat. 1654A–391) is amended—
(1) in subsection (a), in the matter preceding
paragraph (1), by striking ‘‘$1,925,344,000’’ and in-
serting ‘‘$1,935,744,000’’;
(2) 
in 
subsection 
(b)(2), 
by 
striking
‘‘$22,600,000’’ and inserting ‘‘$27,000,000’’;
(3) 
in 
subsection 
(b)(3), 
by 
striking
‘‘$10,000,000’’ and inserting ‘‘$13,000,000’’; and
(4) 
in 
subsection 
(b)(6), 
by 
striking
‘‘$6,000,000’’ and inserting ‘‘$9,000,000’’.
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
396
tions in section 2204(a)(1), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona ..........................
Marine Corps Air Station, Yuma ...........
$22,570,000
California ......................
Marine Air-Ground Task Force Training
Center, Twentynine Palms .................
$75,125,000
Marine Corps Air Station, Camp Pen-
dleton ..................................................
$4,470,000
Marine Corps Air Station, Miramar ......
$3,680,000
Marine Corps Base, Camp Pendleton ....
$96,490,000
Naval Air Facility, El Centro .................
$23,520,000
Naval Air Station, Lemoore ...................
$10,010,000
Naval Air Warfare Center, China Lake
$30,200,000
Naval Air Warfare Center, Point Mugu,
San Nicholas Island ............................
$13,730,000
Naval Amphibious Base, Coronado ........
$8,610,000
Naval Construction Battalion Center,
Port Hueneme ....................................
$12,400,000
Naval Construction Training Center,
Port Hueneme ....................................
$3,780,000
Naval Station, San Diego .......................
$47,240,000
District of Columbia .....
Naval Air Facility, Washington .............
$9,810,000
Florida ..........................
Naval Air Station, Key West .................
$11,400,000
Naval Air Station, Whiting Field, Milton
$2,140,000
Naval Station, Mayport ..........................
$16,420,000
Naval Station, Pensacola ........................
$3,700,000
Hawaii ...........................
Marine Corps Base, Kaneohe .................
$24,920,000
Naval Magazine Lualualei ......................
$6,000,000
Naval Shipyard, Pearl Harbor ...............
$20,000,000
Naval Station, Pearl Harbor ..................
$40,600,000
Navy Public Works Center, Pearl Har-
bor .......................................................
$16,900,000
Illinois ...........................
Naval Training Center, Great Lakes .....
$82,260,000
Indiana ..........................
Naval Surface Warfare Center, Crane ...
$14,930,000
Maine ............................
Naval Air Station, Brunswick ................
$67,395,000
Maryland .......................
Naval Air Warfare Center, Patuxent
River ...................................................
$2,260,000
Naval Air Warfare Center, St. Inigoes ..
$5,100,000
Naval Explosive Ordinance Disposal
Technology Center, Indian Head ........
$1,250,000
Mississippi .....................
Naval Construction Battalion Center,
Gulfport ..............................................
$21,660,000
Naval Air Station, Meridian ...................
$3,400,000
Missouri ........................
Marine Corps Support Activity, Kansas
City .....................................................
$9,010,000
North Carolina ..............
Marine Corps Air Station, New River ....
$4,050,000
Marine Corps Base, Camp Lejeune .......
$67,070,000
Pennsylvania .................
Naval Foundry and Propeller Center,
Philadelphia ........................................
$14,800,000
Rhode Island .................
Naval Station, Newport ..........................
$15,290,000
South Carolina ..............
Marine Corps Air Station, Beaufort ......
$8,020,000
Marine Corps Recruit Depot, Parris Is-
land .....................................................
$5,430,000
397
Navy: Inside the United States—Continued
State
Installation or location
Amount
Naval Hospital, Beaufort .......................
$7,600,000
Tennessee ......................
Naval Support Activity, Millington ........
$3,900,000
Texas .............................
Naval Air Station, Joint Reserve Base,
Ft. Worth ............................................
$9,060,000
Virginia .........................
Marine Corps Air Facility, Quantico ......
$3,790,000
Marine Corps Combat Dev Com ............
$9,390,000
Naval Amphibious Base, Little Creek ....
$9,090,000
Naval Station, Norfolk ...........................
$139,270,000
Washington ...................
Naval Air Station, Whidbey Island ........
$3,470,000
Naval Shipyard, Bremerton ...................
$14,000,000
Naval Station, Everett ...........................
$6,820,000
Strategic Weapons Facility, Bangor ......
$3,900,000
Total: ..............................................
$1,038,920,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
Country
Installation or location
Amount
Greece .............................
Naval Support Activity Joint Head-
quarters Command, Larissa ................
$12,240,000
Naval Support Activity, Souda Bay ........
$3,210,000
Guam ..............................
Naval Station, Guam ...............................
$9,300,000
Navy Public Works Center, Guam ..........
$14,800,000
Iceland ............................
Naval Air Station, Keflavik .....................
$2,820,000
Italy ................................
Naval Air Station, Sigonella ...................
$3,060,000
Spain ..............................
Naval Station, Rota .................................
$2,240,000
Total: ...............................................
$47,670,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(5)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
398
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Navy: Family Housing
State
Installation or location
Purpose
Amount
Arizona .........................
Marine Corps Air Station,
Yuma .............................
51 Units ......
$9,017,000
California ......................
Marine Air-Ground Task
Force Training Center,
Twentynine Palms .........
74 Units ......
$16,250,000
Hawaii ..........................
Marine Corps Base,
Kaneohe .........................
172 Units ....
$46,996,000
Naval Station, Pearl Har-
bor .................................
70 Units ......
$16,827,000
Mississippi ....................
Naval Construction Bat-
talion Center, Gulfport ..
160 Units ....
$23,354,000
Virginia .........................
Marine Corps Combat De-
velopment Command,
Quantico ........................
81 Units ......
$10,000,000
Italy ..............................
Naval Air Station,
Sigonella ........................
10 Units ......
$2,403,000
Total: ...
$124,847,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of military family housing units in an
amount not to exceed $6,499,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(5)(A),
the Secretary of the Navy may improve existing military
family housing units in an amount not to exceed
$201,834,000.
399
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,389,605,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$980,018,000.
(2) For military construction projects outside
the United States authorized by section 2201(b),
$47,670,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $10,546,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $35,392,000.
(5) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $332,352,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $913,823,000.
400
(6) For construction of phase 6 of a large
anachoic chamber facility at the Patuxent River
Naval Air Warfare Center, Maryland, authorized by
section 2201(a) of the Military Construction Author-
ization Act for Fiscal Year 1993 (division B of Pub-
lic Law 102–484; 106 Stat. 2590), $10,770,000.
(7) For construction of the Commander-in-
Chief Headquarters, Pacific Command, Camp H.M.
Smith, Hawaii, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 
828), 
as 
amended 
by 
section 
2205,
$37,580,000.
(8) For repair of a pier at Naval Station, San
Diego, California, authorized by section 2201(a) of
the Military Construction Authorization Act for Fis-
cal Year 2001 (division B of the Spence Act; 114
Stat. 1654A–396), $17,500,000.
(9) For replacement of a pier at Naval Ship-
yard, Bremerton, Washington, authorized by section
2201(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence
Act; 114 Stat. 1654A–396), $24,460,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
401
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $33,240,000 (the balance of the amount au-
thorized under section 2201(a) for replacement of a
pier, increment I, at Naval Station, Norfolk, Vir-
ginia; and
(3) $20,100,000 (the balance of the amount au-
thorized under section 2201(a) for a combined pro-
pulsion and explosives lab at Naval Air Warfare
Center, China Lake, California).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (9)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $6,854,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $13,652,000, which represents the combina-
tion of savings resulting from adjustments to foreign
402
currency exchange rates for military family housing
construction and military family housing support
outside the United States.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECT.
(a) MODIFICATION.—The table in section 2201(a) of
the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113 Stat.
828) is amended—
(1) in the item relating to Camp H.M. Smith,
Hawaii, by striking ‘‘$86,050,000’’ in the amount
column and inserting ‘‘$89,050,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$820,230,000’’.
(b) CONFORMING AMENDMENTS.—Section 2204 of
that Act (113 Stat. 830) is amended—
(1) in subsection (a), in the matter preceding
paragraph (1), by striking ‘‘$2,108,087,000’’ and in-
serting ‘‘$2,111,087,000’’; and
(2) 
in 
subsection 
(b)(3), 
by 
striking
‘‘$70,180,000’’ and inserting ‘‘$73,180,000’’.
403
TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(1), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama ................................
Maxwell Air Force Base ...................
$34,400,000
Alaska ...................................
Eareckson Air Force Base ...............
$4,600,000
Elmendorf Air Force Base ...............
$32,200,000
Arizona ..................................
Davis-Monthan Air Force Base ........
$23,500,000
Luke Air Force Base ........................
$4,500,000
Arkansas ...............................
Little Rock Air Force Base ..............
$10,600,000
California ..............................
Beale Air Force Base .......................
$7,900,000
Edwards Air Force Base ..................
$21,300,000
Los Angeles Air Force Base .............
$23,000,000
Travis Air Force Base ......................
$10,100,000
Vandenberg Air Force Base .............
$11,800,000
Colorado ................................
Buckley Air Force Base ...................
$23,200,000
Schriever Air Force Base .................
$30,400,000
United States Air Force Academy ...
$25,500,000
District of Columbia .............
Bolling Air Force Base .....................
$2,900,000
Florida ..................................
Cape Canaveral Air Force Station ...
$7,800,000
Eglin Air Force Base .......................
$11,400,000
Hurlburt Field ..................................
$10,400,000
MacDill Air Force Base ...................
$10,000,000
Tyndall Air Force Base ....................
$20,350,000
Georgia ..................................
Moody Air Force Base .....................
$4,900,000
Robins Air Force Base .....................
$14,650,000
Hawaii ...................................
Hickman Air Force Base .................
$6,300,000
Idaho .....................................
Mountain Home Air Force Base ......
$14,600,000
Kansas ..................................
McConnell Air Force Base ...............
$5,100,000
Maryland ...............................
Andrews Air Force Base ..................
$19,420,000
Massachusetts .......................
Hanscom Air Force Base .................
$9,400,000
Mississippi .............................
Keesler Air Force Base ....................
$28,600,000
Nevada ..................................
Nellis Air Force Base .......................
$12,600,000
New Jersey ............................
McGuire Air Force Base ..................
$36,550,000
New Mexico ...........................
Cannon Air Force Base ....................
$9,400,000
Kirtland Air Force Base ..................
$19,800,000
North Carolina ......................
Pope Air Force Base ........................
$17,800,000
North Dakota ........................
Grand Forks Air Force Base ...........
$7,800,000
Ohio .......................................
Wright-Patterson Air Force Base ....
$5,800,000
Oklahoma ..............................
Altus Air Force Base .......................
$20,200,000
Tinker Air Force Base .....................
$17,700,000
404
Air Force: Inside the United States—Continued
State
Installation or location
Amount
South Carolina ......................
Shaw Air Force Base .......................
$24,400,000
Tennessee ..............................
Arnold Air Force Base .....................
$24,400,000
Texas .....................................
Lackland Air Force Base .................
$12,800,000
Laughlin Air Force Base ..................
$15,600,000
Sheppard Air Force Base .................
$45,200,000
Utah ......................................
Hill Air Force Base ..........................
$44,000,000
Virginia .................................
Langley Air Force Base ...................
$47,300,000
Washington ...........................
Fairchild Air Force Base .................
$2,800,000
McChord Air Force Base .................
$20,700,000
Wyoming ...............................
F E Warren Air Force Base ............
$10,200,000
Total: ........................................
$822,320,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Outside the United States
Country
Installation or location
Amount
Germany ................................
Ramstein Air Force Base .................
$42,900,000
Spangdahlem Air Base .....................
$8,700,000
Greenland ..............................
Thule ................................................
$19,000,000
Guam .....................................
Andersen Air Force Base .................
$10,150,000
Italy .......................................
Aviano Air Base ...............................
$11,800,000
Korea .....................................
Kunsan Air Base ..............................
$12,000,000
Osan Air Base ..................................
$101,142,000
Turkey ...................................
Eskisehir ...........................................
$4,000,000
United Kingdom ....................
Royal Air Force, Lakenheath ...........
$11,300,000
Royal Air Force, Mildenhall .............
$22,400,000
Wake Island ..........................
Wake Island ......................................
$25,000,000
Total: ........................................
$268,392,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(3), the Secretary of the Air Force
may acquire real property and carry out military construc-
405
tion projects for the installation and location and in the
amounts, set forth in the following table:
Air Force: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide ..........
Classified Location ...........................
$4,458,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(7)(A), the Secretary of the
Air Force may construct or acquire family housing units
(including land acquisition) at the installations, for the
purposes, and in the amounts, set forth in the following
table:
Air Force: Family Housing
State
Installation or location
Purpose
Amount
Arizona ........................
uke Air Force Base ..........
120 Units ....
$15,712,000
California .....................
Travis Air Force Base ......
118 Units ....
$18,150,000
Colorado ......................
Buckley Air Force Base ...
55 Units ......
$11,400,000
Delaware ......................
Dover Air Force Base ......
120 Units ....
$18,145,000
District of Columbia ....
Bolling Air Force Base .....
136 Units ....
$16,926,000
Hawaii .........................
Hickam Air Force Base ...
102 Units ....
$25,037,000
Louisiana .....................
Barksdale Air Force Base
56 Units ......
$7,300,000
South Dakota ..............
Ellsworth Air Force Base
78 Units ......
$13,700,000
Virginia ........................
Langley Air Force Base ...
4 Units ........
$1,200,000
Portugal ......................
Lajes Field, Azores ...........
64 Units ......
$13,230,000
Total: ...
$140,800,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2304(a)(7)(A), the Secretary of the Air Force may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
406
or improvement of military family housing units in an
amount not to exceed $24,558,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(7)(A),
the Secretary of the Air Force may improve existing mili-
tary family housing units in an amount not to exceed
$370,879,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $2,526,034,000 as fol-
lows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$806,020,000.
(2) For military construction projects outside
the United States authorized by section 2301(b),
$268,392,000.
407
(3) For the military construction projects at
unspecified worldwide locations authorized by section
2301(c), $4,458,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $11,250,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $84,630,000.
(6) For military housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $536,237,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $866,171,000.
(7) $12,600,000 for construction of an air
freight terminal and base supply complex at
McGuire Air Force Base, New Jersey, authorized by
section 2301(a) of the Military Construction Author-
ization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A–399), as amended by
section 2305.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
408
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2301 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of sub-
section (a); and
(2) $12,000,000 (the balance of the amount au-
thorized under section 2301(a) for a maintenance
depot hanger at Hill Air Force Base, Utah).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (7)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $15,846,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $47,878,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support
outside the United States.
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SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2001 PROJECT.
(a) MODIFICATION.—The table in section 2301(a) of
the Military Construction Authorization Act for Fiscal
Year 2001 (division B of the Spence Act; 114 Stat.
1654A–399) is amended—
(1) in the item relating to McGuire Air Force
Base, New Jersey, by striking ‘‘$29,772,000’’ in the
amount column and inserting ‘‘$32,972,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$748,955,000’’.
(b) 
CONFORMING
AMENDMENTS.—Section
2304(b)(2) of that Act (114 Stat. 1654A–402) is amended
by striking ‘‘$9,400,000’’ and inserting ‘‘$12,600,000’’.
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2403(a)(1), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table: