Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2002’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Au-
thorizations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy Na-
tional Security Authorizations and Other Authoriza-
tions.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health programs.
Sec. 108. Additional amount for shipbuilding and conversion, Navy.
Subtitle B—Army Programs
Sec. 111. Extension of multiyear contract for Family of Medium Tactical Vehi-
cles.
Sec. 112. Repeal of limitations on bunker defeat munitions program.
Subtitle C—Air Force Programs
Sec. 121. Responsibility of Air Force for contracts for all defense space
launches.
Sec. 122. Multi-year procurement of C–17 aircraft.
Subtitle D—Chemical Munitions Destruction
Sec. 141. Destruction of existing stockpile of lethal chemical agents and muni-
tions.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Cooperative Department of Defense-Department of Veterans Affairs
medical research program.
Sec. 212. Advanced Land Attack Missile program.
Sec. 213. Collaborative program for development of advanced radar systems for
naval applications.
Sec. 214. Cost limitation applicable to F–22 aircraft program engineering and
manufacturing development.
Sec. 215. C–5 aircraft modernization.
Subtitle C—Ballistic Missile Defense
Sec. 231. Transfer of responsibility for procurement for missile defense pro-
grams from Ballistic Missile Defense Organization to military
departments.
Sec. 232. Repeal of program element requirements for ballistic missile defense
programs.
Sec. 233. Support of ballistic missile defense activities of the Department of
Defense by the national defense laboratories of the Department
of Energy.
Sec. 234. Missile defense testing initiative.
Sec. 235. Missile Defense System Test Bed Facilities.
Subtitle D—Other Matters
Sec. 241. Establishment of unmanned aerial vehicle joint operational test bed
system.
Sec. 242. Demonstration project to increase small business and university par-
ticipation in Office of Naval Research efforts to extend benefits
of science and technology research to fleet.
Sec. 243. Management responsibility for Navy mine countermeasures programs.
Sec. 244. Program to accelerate the introduction of innovative technology in de-
fense acquisition programs.
Subtitle E—Air Force Science and Technology for the 21st
Century
Sec. 251. Short title.
Sec. 252. Science and technology investment and development planning.
Sec. 253. Study and report on effectiveness of Air Force science and technology
program changes.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B—Environmental Provisions
Sec. 311. Inventory of explosive risk sites at former military ranges.
Sec. 312. National security impact statements.
Sec. 313. Reimbursement for certain costs in connection with Hooper Sands
site, South Berwick, Maine.
Sec. 314. River mitigation studies.
Sec. 315. Elimination of annual report on contractor reimbursement for costs
of environmental response actions.
Subtitle C—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 321. Reserve component commissary benefits.
Sec. 322. Reimbursement for noncommissary use of commissary facilities.
Sec. 323. Civil recovery for nonappropriated fund instrumentality costs related
to shoplifting.
Subtitle D—Workforce and Depot Issues
Sec. 331. Workforce review limitations.
Sec. 332. Applicability of core logistics capability requirements to nuclear air-
craft carriers.
Sec. 333. Continuation of contractor manpower reporting system in Depart-
ment of the Army.
Sec. 334. Limitation on expansion of Wholesale Logistics Modernization Pro-
gram.
Sec. 335. Pilot project for exclusion of certain expenditures from limitation on
private sector performance of depot-level maintenance.
Sec. 336. Protections for purchasers of articles and services manufactured or
performed by working-capital funded industrial facilities of the
Department of Defense.
Subtitle E—Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces and Department of Defense ci-
vilian employees.
Sec. 342. Availability of auxiliary services of defense dependents’ education sys-
tem for dependents who are home school students.
Sec. 343. Report regarding compensation for teachers employed in teaching po-
sitions in overseas schools operated by the Department of De-
fense.
Subtitle F—Other Matters
Sec. 351. Availability of excess defense personal property to support Depart-
ment of Veterans Affairs initiative to assist homeless veterans.
Sec. 352. Continuation of limitations on implementation of Navy-Marine Corps
Intranet contract.
Sec. 353. Completion and evaluation of current demonstration programs to im-
prove quality of personal property shipments of members.
Sec. 354. Expansion of entities eligible for loan, gift, and exchange of docu-
ments, historical artifacts, and obsolete combat materiel.
Sec. 355. Sense of Congress regarding security to be provided at the 2002 Win-
ter Olympic Games.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of Reserve personnel serving on active duty
or full-time National Guard duty in certain grades for adminis-
tration of Reserve components.
Subtitle C—Other Matters Relating to Personnel Strengths
Sec. 421. Increase in percentage by which active component end strengths for
any fiscal year may be increased.
Sec. 422. Active duty end strength exemption for National Guard and reserve
personnel performing funeral honors functions.
Sec. 423. Increase in authorized strengths for Air Force officers on active duty
in the grade of major.
Subtitle D—Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—General Personnel Management Authorities
Sec. 501. Enhanced flexibility for management of senior general and flag offi-
cer positions.
Sec. 502. Original appointments in regular grades for Academy graduates and
certain other new officers.
Sec. 503. Temporary reduction of time-in-grade requirement for eligibility for
promotion for certain active-duty list officers in grades of first
lieutenant and lieutenant (junior grade).
Sec. 504. Increase in senior enlisted active duty grade limit for Navy, Marine
Corps, and Air Force.
Sec. 505. Authority for limited extension of medical deferment of mandatory re-
tirement or separation.
Sec. 506. Authority for limited extension on active duty of members subject to
mandatory retirement or separation.
Sec. 507. Clarification of disability severance pay computation.
Sec. 508. Officer in charge of United States Navy Band.
Sec. 509. One-year extension of expiration date for certain force management
authorities.
Subtitle B—Reserve Component Personnel Policy
Sec. 511. Placement on active-duty list of certain reserve officers on active duty
for a period of three years or less.
Sec. 512. Expanded application of Reserve special selection boards.
Sec. 513. Exception to baccalaureate degree requirement for appointment of re-
serve officers to grades above first lieutenant.
Sec. 514. Improved disability benefits for certain reserve component members.
Sec. 515. Time-in-grade requirement for reserve component officers with a non-
service connected disability.
Sec. 516. Reserve members considered to be deployed for purposes of personnel
tempo management.
Sec. 517. Funeral honors duty performed by Reserve and Guard members to
be treated as inactive-duty training for certain purposes.
Sec. 518. Members of the National Guard performing funeral honors duty while
in non-Federal status.
Sec. 519. Use of military leave for funeral honors duty by Reserve members
and National Guardsmen.
Sec. 520. Preparation for, participation in, and conduct of athletic competitions
by the National Guard and members of the National Guard.
Subtitle C—Joint Specialty Officers and Joint Professional
Military Education
Sec. 521. Nominations for joint specialty.
Sec. 522. Joint duty credit.
Sec. 523. Retroactive joint service credit for duty in certain joint task forces.
Sec. 524. Revision to annual report on joint officer management.
Sec. 525. Requirement for selection for joint specialty before promotion to gen-
eral or flag officer grade.
Sec. 526. Independent study of joint officer management and joint professional
military education reforms.
Sec. 527. Professional development education.
Sec. 528. Authority for National Defense University to enroll certain private
sector civilians.
Sec. 529. Continuation of reserve component professional military education
test.
Subtitle D—Military Education and Training
Sec. 531. Defense Language Institute Foreign Language Center.
Sec. 532. Authority for the Marine Corps University to award degree of master
of strategic studies.
Sec. 533. Increase in number of foreign students authorized to be admitted to
the service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or midshipman
in Senior Reserve Officer Training Corps scholarship pro-
grams.
Sec. 535. Active duty participation as a cadet or midshipman in Senior ROTC
advanced training.
Sec. 536. Authority to modify the service obligation of certain ROTC cadets in
military junior colleges receiving financial assistance.
Sec. 537. Modification of nurse officer candidate accession program restriction
on students attending educational institutions with Senior Re-
serve Officers’ Training programs.
Sec. 538. Repeal of limitation on number of Junior Reserve Officers’ Training
Corps (JROTC) units.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the Chaplain for the Corps of Cadets, United
States Military Academy.
Subtitle E—Decorations, Awards, and Commendations
Sec. 541. Authority for award of the medal of honor to Humbert R. Versace
for valor during the Vietnam War.
Sec. 542. Review regarding award of medal of honor to certain Jewish Amer-
ican and Hispanic American war veterans.
Sec. 543. Authority to issue duplicate medal of honor.
Sec. 544. Authority to replace stolen military decorations.
Sec. 545. Waiver of time limitations for award of Navy Distinguished Flying
Cross to certain persons.
Sec. 546. Korea Defense Service medal.
Sec. 547. Cold War Service medal.
Sec. 548. Option to convert award of Armed Forces Expeditionary Medal
awarded for Operation Frequent Wind to Vietnam Service
Medal.
Sec. 549. Sense of Congress on new medal to recognize civilian employees of
the Department of Defense killed or wounded as a result of
hostile action.
Subtitle F—Matters Relating to Voting
Sec. 551. Voting assessments and assistance for members of the uniformed
services.
Sec. 552. Electronic voting demonstration project.
Subtitle G—Matters Relating to Military Spouses and Family
Members
Sec. 561. Improved financial and other assistance to military spouses for job
training and education.
Sec. 562. Authority to conduct surveys of dependents and survivors of military
retirees.
Sec. 563. Clarification of treatment of classified information concerning persons
in a missing status.
Sec. 564. Transportation to annual meeting of next-of-kin of persons unac-
counted for from conflicts after World War II.
Sec. 565. Amendments to charter of Defense Task Force on Domestic Violence.
Subtitle H—Military Justice and Legal Matters
Sec. 571. Requirement that courts-martial consist of not less than 12 members
in capital cases.
Sec. 572. Right of convicted accused to request sentencing by military judge.
Sec. 573. Codification of requirement for regulations for delivery of military
personnel to civil authorities when charged with certain of-
fenses
Sec. 574. Authority to accept voluntary legal services for members of the
Armed Forces.
Subtitle I—Other Matters
Sec. 581. Shipment of privately owned vehicles when making permanent change
of station moves within United States.
Sec. 582. Payment of vehicle storage costs in advance.
Sec. 583. Permanent authority for use of military recruiting funds for certain
expenses at Department of Defense recruiting functions.
Sec. 584. Clarification of military recruiter access to secondary school directory
information about students.
Sec. 585. Repeal of requirement for final Comptroller General report relating
to Army end strength allocations.
Sec. 586. Posthumous Army commission in the grade of captain in the Chap-
lains Corps to Ella E. Gibson for service as chaplain of the
First Wisconsin Heavy Artillery regiment during the Civil War.
Sec. 587. National Guard Challenge Program.
Sec. 588. Payment of FEHBP premiums for certain Reservists called to active
duty in support of contingency operations.
Sec. 589. 18-month enlistment pilot program.
Sec. 590. Per diem allowance for lengthy or numerous deployments.
Sec. 591. Congressional review period for change in ground combat exclusion
policy.
Sec. 592. Report on health and disability benefits for pre-accession training and
education programs.
Sec. 593. Requirement to provide appropriate articles of clothing as a civilian
uniform for civilians participating in funeral honor details for
veterans upon showing of financial need.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers with prior
service as an enlisted member or warrant officer.
Sec. 603. Subsistence allowances.
Sec. 604. Eligibility for basic allowance for housing while between permanent
duty stations.
Sec. 605. Uniform allowance for officers.
Sec. 606. Family separation allowance for certain members electing to serve un-
accompanied tour of duty.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for
reserve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for
nurse officer candidates, registered nurses, and nurse anes-
thetists.
Sec. 613. One-year extension of other bonus and special pay authorities.
Sec. 614. Conforming accession bonus for dental officers authority with au-
thorities for other special pay and bonuses.
Sec. 615. Additional type of duty resulting in eligibility for hazardous duty in-
centive pay.
Sec. 616. Equal treatment of reservists performing inactive-duty training for
receipt of aviation career incentive pay.
Sec. 617. Secretarial discretion in prescribing submarine duty incentive pay
rates.
Sec. 618. Imposition of critical wartime skill requirement for eligibility for Indi-
vidual Ready Reserve bonus.
Sec. 619. Installment payment authority for 15-year career status bonus.
Sec. 620. Accession bonus for new officers.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Minimum per diem rate for travel and transportation allowance for
travel performed upon a change of permanent station and cer-
tain other travel.
Sec. 632. Payment or reimbursement of temporary subsistence expenses.
Sec. 633. Increased weight allowance for transportation of baggage and house-
hold effects for junior enlisted members.
Sec. 634. Reimbursement of members for mandatory pet quarantine fees for
household pets.
Sec. 635. Availability of dislocation allowance for married member, whose
spouse is a member, assigned to military family housing.
Sec. 636. Elimination of prohibition on receipt of dislocation allowance by mem-
bers ordered to first duty station.
Sec. 637. Partial dislocation allowance authorized for housing moves ordered
for Government convenience.
Sec. 638. Allowances for travel performed in connection with members taking
authorized leave between consecutive overseas tours.
Sec. 639. Funded student travel as part of school-sponsored exchange pro-
grams.
Subtitle D—Retirement and Survivor Benefit Matters
Sec. 641. Contingent authority for concurrent receipt of military retired pay
and veterans’ disability compensation.
Subtitle E—Other Matters
Sec. 651. Funeral honors duty allowance for retired members.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE Program
Sec. 701. Implementing cost-effective payment rates under the TRICARE pro-
gram.
Sec. 702. Waiver of nonavailability statement or preauthorization requirement.
Sec. 703. Improvements in administration of the TRICARE program.
Sec. 704. Sub-acute and long-term care program reform.
Sec. 705. Reimbursement of travel expenses of a parent, guardian, or respon-
sible family member of a minor covered beneficiary.
Subtitle B—Other Matters
Sec. 711. Prohibition against requiring military retirees to receive health care
solely through the Department of Defense.
Sec. 712. Trauma and medical care pilot program.
Sec. 713. Enhancement of medical product development.
Sec. 714. Repeal of obsolete report requirement.
Sec. 715. Clarifications and improvements regarding the Department of De-
fense Medicare-Eligible Retiree Health Care Fund.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Acquisition milestones.
Sec. 802. Acquisition workforce qualifications.
Sec. 803. Two-year extension of program applying simplified procedures to cer-
tain commercial items.
Sec. 804. Contracts for services to be performed outside the United States.
Sec. 805. Codification and modification of ‘‘Berry Amendment’’ requirements.
Sec. 806. Increase of assistance limitation regarding procurement technical as-
sistance programs.
Sec. 807. Study of contract consolidations.
Subtitle B—Erroneous Payments Recovery
Sec. 811. Short title.
Sec. 812. Identification of errors made by executive agencies in payments to
contractors and recovery of amounts erroneously paid.
Sec. 813. Disposition of recovered funds.
Sec. 814. Sources of recovery services.
Sec. 815. Management improvement programs.
Sec. 816. Reports.
Sec. 817. Relationship to authority of inspectors general.
Sec. 818. Privacy protections.
Sec. 819. Definition.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT
Sec. 901. Further reductions in defense acquisition and support workforce.
Sec. 902. Sense of Congress on establishment of an Office of Transformation
in the Department of Defense.
Sec. 903. Revised joint report on establishment of national collaborative infor-
mation analysis capability.
Sec. 904. Elimination of triennial report by Chairman of the Joint Chiefs of
Staff on roles and missions of the Armed Forces.
Sec. 905. Repeal of requirement for semiannual reports through March 2003
on activities of Joint Requirements Oversight Council.
Sec. 906. Correction of references to Air Mobility Command.
Sec. 907. Organizational alignment change for Director for Expeditionary War-
fare.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Limitation on funds for Bosnia and Kosovo peacekeeping operations
for fiscal year 2002.
Sec. 1004. Increase in limitations on administrative authority of the Navy to
settle admiralty claims.
Subtitle B—Naval Vessels
Sec. 1011. Revision in types of excess naval vessels for which approval by law
is required for disposal to foreign nations.
Subtitle C—Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of De-
fense expenditures to support foreign counter-drug activities.
Sec. 1022. Authority to transfer Tracker aircraft currently used by Armed
Forces for counter-drug purposes.
Sec. 1023. Authority to transfer Tethered Aerostat Radar System currently
used by Armed Forces for counter-drug purposes.
Sec. 1024. Assignment of members to assist Immigration and Naturalization
Service and Customs Service.
Subtitle D—Reports
Sec. 1031. Requirement that Department of Defense reports to Congress be ac-
companied by electronic version.
Sec. 1032. Report on Department of Defense role in homeland security mat-
ters.
Sec. 1033. Revision of annual report to Congress on National Guard and re-
serve component equipment.
Subtitle E—Other Matters
Sec. 1041. Department of Defense gift authorities.
Sec. 1042. Termination of referendum requirement regarding continuation of
military training on island of Vieques, Puerto Rico, and impo-
sition of additional conditions on closure of live-fire training
range.
Sec. 1043. Repeal of limitation on reductions in Peacekeeper ICBM missiles.
Sec. 1044. Transfer of Vietnam Era F–4 aircraft to nonprofit museum.
Sec. 1045. Bomber force structure.
Sec. 1046. Technical and clerical amendments.
Sec. 1047. Leasing of Navy ships for University National Oceanographic Lab-
oratory System.
Sec. 1048. Sense of Congress regarding continued United States commitment
to restoring Lafayette Escadrille Memorial, Marnes La-
Coguette, France.
Sec. 1049. Designation of firefighter assistance program in honor of Floyd D.
Spence, a former Member of the House of Representatives, and
sense of Congress on need to continue the program.
Sec. 1050. Sense of Congress on implementation of fuel efficiency reforms in
Department of Defense.
Sec. 1051. Plan for securing Russia’s nuclear weapons, material, and expertise.
Sec. 1052. Two-year extension of advisory panel to assess domestic response ca-
pabilities for terrorism involving weapons of mass destruction.
Sec. 1053. Action to promote national defense features program.
Sec. 1054. Amendments relating to Commission on the Future of the United
States Aerospace Industry.
Sec. 1055. Authority to accept monetary contributions for repair and recon-
struction of pentagon reservation.
TITLE XI—CIVILIAN PERSONNEL
Sec. 1101. Undergraduate training program for employees of the National Im-
agery and Mapping Agency.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Payment of expenses to obtain professional credentials.
Sec. 1104. Retirement portability elections for certain Department of Defense
and Coast Guard employees.
Sec. 1105. Removal of requirement that granting civil service compensatory
time be based on amount of irregular or occasional overtime
work.
Sec. 1106. Applicability of certain laws to certain individuals assigned to work
in the Federal Government.
Sec. 1107. Limitation on premium pay.
Sec. 1108. Use of common occupational and health standards as a basis for dif-
ferential payments made as a consequence of exposure to as-
bestos.
Sec. 1109. Authority for designated civilian employees abroad to act as a no-
tary.
Sec. 1110. ‘‘Monroney amendment’’ restored to its prior form.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201. Clarification of authority to furnish nuclear test monitoring equip-
ment to foreign governments.
Sec. 1202. Acquisition of logistical support for security forces.
Sec. 1203. Report on the sale and transfer of military hardware, expertise, and
technology from States of the former Soviet Union to the Peo-
ple’s Republic of China.
Sec. 1204. Limitation on funding for Joint Data Exchange Center.
Sec. 1205. Extension of authority to provide assistance under Weapons of Mass
Destruction Act for support of United Nations-sponsored ef-
forts to inspect and monitor Iraqi weapons activities.
Sec. 1206. Repeal of requirement for reporting to Congress on military deploy-
ments to Haiti.
Sec. 1207. Report by Comptroller General on provision of defense articles, serv-
ices, and military education and training to foreign countries
and international organizations.
Sec. 1208. Limitation on number of military personnel in Colombia.
Sec. 1209. Authority for employees of Federal Government contractors to ac-
company chemical weapons inspection teams at Government-
owned facilities.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH
STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of reports.
Sec. 1304. Report on use of revenue generated by activities carried out under
Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile material
storage facility.
Sec. 1306. Prohibition against use of funds for construction or refurbishment
of certain fossil fuel energy plants.
Sec. 1307. Reports on activities and assistance under Cooperative Threat Re-
duction programs.
Sec. 1308. Report on responsibility for carrying out Cooperative Threat Reduc-
tion programs.
Sec. 1309. Chemical weapons destruction.
TITLE XIV—DEFENSE SPACE REORGANIZATION
Sec. 1401. Short title.
Sec. 1402. Authority to establish position of Under Secretary of Defense for
Space, Intelligence, and Information.
Sec. 1403. Authority to designate Under Secretary of the Air Force as acquisi-
tion executive for space of the Department of Defense.
Sec. 1404. Major force program category for space programs.
Sec. 1405. Comptroller General assessment of implementation of recommenda-
tions of Space Commission.
Sec. 1406. Commander of Air Force Space Command.
Sec. 1407. Authority to establish separate career field in the Air Force for
space.
Sec. 1408. Relationship to authorities and responsibilities of Director of Central
Intelligence.
TITLE XV—ACTIVITIES TO COMBAT TERRORISM
Subtitle A—Increased Funding to Combat Terrorism
Sec. 1501. Increased funding.
Sec. 1502. Treatment of transferred amounts.
Subtitle B—Policy Matters Relating to Combating Terrorism
Sec. 1511. Assessment of Department of Defense ability to respond to terrorist
attacks.
Sec. 1512. Report on Department of Defense ability to protect the United
States from airborne threats.
Sec. 1513. Establishment of combating terrorism as a national security mis-
sion.
Sec. 1514. Department of Defense coordination with FEMA and FBI.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2001. Short title; definition.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2001
projects.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of Appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2000
project.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 2001
project.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized defense agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 2001
project.
Sec. 2405. Modification of authority to carry out certain fiscal year 2000
projects.
Sec. 2406. Modification of authority to carry out certain fiscal year 1999
project.
Sec. 2407. Modification of authority to carry out certain fiscal year 1995
project.
Sec. 2408. Prohibition on expenditures to develop forward operating location on
Aruba for United States Southern Command counter-drug de-
tection and monitoring flights.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1999 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Increase in certain unspecified minor military construction project
thresholds.
Sec. 2802. Exclusion of unforeseen environmental hazard remediation from lim-
itation on authorized cost variations.
Sec. 2803. Repeal of annual reporting requirement on military construction and
military family housing activities.
Sec. 2804. Permanent authorization for alternative authority for acquisition
and improvement of military housing.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Use of military installations for certain recreational activities.
Sec. 2812. Base efficiency project at Brooks Air Force Base, Texas.
Sec. 2813. Use of buildings on military installations and reserve component fa-
cilities as polling places.
Subtitle C—Defense Base Closure and Realignment
Sec. 2821. Lease back of base closure property.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Modification of land exchange, Rock Island Arsenal, Illinois.
Sec. 2832. fication of land conveyances, Fort Dix, New Jersey.
Sec. 2833. Lease authority, Fort DeRussy, Hawaii.
Sec. 2834. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2835. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchor-
age, Alaska.
PART II—NAVY CONVEYANCES
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, Humboldt
County, California.
Sec. 2842. Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo,
Ohio.
Sec. 2843. Modification of authority for conveyance of Naval Computer and
Telecommunications Station, Cutler, Maine.
Sec. 2844. Modification of land conveyance, former United States Marine Corps
Air Station, Eagle Mountain Lake, Texas.
Sec. 2845. Land transfer and conveyance, Naval Security Group Activity, Win-
ter Harbor, Maine.
PART III—AIR FORCE CONVEYANCES
Sec. 2851. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado.
Sec. 2853. Land conveyance, defense fuel support point, Florida.
Subtitle E—Other Matters
Sec. 2861. Transfer of jurisdiction for development of Armed Forces recreation
facility, Park City, Utah.
Sec. 2862. Selection of site for United States Air Force Memorial and related
land transfers for the improvement of Arlington National Cem-
etery, Virginia.
Sec. 2863. Management of the Presidio of San Francisco.
Sec. 2864. Effect of limitation on construction of roads or highways, Marine
Corps Base, Camp Pendleton, California.
Sec. 2865. Establishment of World War II memorial at additional location on
Guam.
Sec. 2866. Additional extension of demonstration project for purchase of fire,
security, police, public works, and utility services from local
government agencies.
Sec. 2867. Conveyance of avigation easements, former Norton Air Force Base,
California.
Sec. 2868. Report on options to promote economic development in community
adjacent to United States Military Academy, New York.
TITLE XXIX—FORT IRWIN MILITARY LAND WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands for National Training Center.
Sec. 2903. Map and legal description.
Sec. 2904. Management of withdrawn and reserved lands.
Sec. 2905. Water rights.
Sec. 2906. Environmental compliance and environmental response require-
ments.
Sec. 2907. West Mojave Coordinated Management Plan.
Sec. 2908. Release of wilderness study areas.
Sec. 2909. Training activity separation from utility corridors.
Sec. 2910. Duration of withdrawal and reservation.
Sec. 2911. Extension of initial withdrawal and reservation.
Sec. 2912. Termination and relinquishment.
Sec. 2913. Delegation of authority.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL
SECURITY AUTHORIZATIONS AND OTHER AU-
THORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Sec. 3106. Increased amount for nonproliferation and verification.
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activi-
ties.
Sec. 3127. Funds available for all national security programs of the Depart-
ment of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds at field of-
fices of the Department of Energy.
Sec. 3130. Transfers of weapons activities funds at national security labora-
tories and nuclear weapons production facilities.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Termination date of Office of River Protection, Richland, Wash-
ington.
Sec. 3132. Organizational modifications for National Nuclear Security Adminis-
tration.
Sec. 3133. Consolidation of Nuclear Cities Initiative program with Initiatives
for Proliferation Prevention program.
Sec. 3134. Disposition of surplus defense plutonium at Savannah River Site,
Aiken, South Carolina.
Sec. 3135. Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of obsolete and excess materials contained in national de-
fense stockpile.
Sec. 3304. Expedited implementation of authority to dispose of cobalt from Na-
tional Defense Stockpile.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2002.
Sec. 3502. Define ‘‘war risks’’ to vessels to include confiscation, expropriation,
nationalization, and deprivation of the vessels.
Sec. 3503. Holding obligor’s cash as collateral under title XI of Merchant Ma-
rine Act, 1936.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 2002 for procurement for the Army as follows:
(1) For aircraft, $1,987,491,000.
(2) For missiles, $1,097,286,000.
(3) For weapons and tracked combat vehicles,
$2,367,046,000.
(4) For ammunition, $1,208,565,000.
(5) For other procurement, $4,143,986,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2002 for procurement for the Navy
as follows:
(1) For aircraft, $8,337,243,000.
(2) For weapons, including missiles and tor-
pedoes, $1,476,692,000.
(3) 
For 
shipbuilding 
and 
conversion,
$9,321,121,000.
(4) For other procurement, $4,157,313,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2002 for procurement for
the Marine Corps in the amount of $1,025,624,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for fiscal year
2002 for procurement of ammunition for the Navy and
the Marine Corps in the amount of $463,507,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 2002 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $10,705,687,000.
(2) For missiles, $3,226,336,000.
(3) For ammunition, $871,344,000.
(4) For other procurement, $8,250,821,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 2002 for Defense-wide procurement in the
amount of $2,267,346,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 2002 for procurement for the Inspector General
of the Department of Defense in the amount of
$1,800,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fis-
cal year 2002 the amount of $1,078,557,000 for—
(1) the destruction of lethal chemical agents
and munitions in accordance with section 1412 of
the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for
fiscal year 2002 for the Department of Defense for pro-
curement for carrying out health care programs, projects,
and activities of the Department of Defense in the total
amount of $267,915,000.
SEC. 108. ADDITIONAL AMOUNT FOR SHIPBUILDING AND
CONVERSION, NAVY.
(a) INCREASE IN SCN AMOUNT.—The amount pro-
vided in section 102(a)(3) for shipbuilding and conversion
for the Navy is hereby increased by $57,100,000, to be
available for the U.S.S. Eisenhower (CVN–69) Refueling
Complex Overhaul program.
(b) OFFSET.—The amount provided in section
301(5) is hereby reduced by $57,100,000, to be derived
from amounts for consulting services.
Subtitle B—Army Programs
SEC. 111. EXTENSION OF MULTIYEAR CONTRACT FOR FAM-
ILY OF MEDIUM TACTICAL VEHICLES.
In order to ensure that an adequate number of vehi-
cles of the ‘‘A1’’ variant of the Family of Medium Tactical
Vehicles program continue to be fielded to the Army, the
Secretary of the Army may extend for one additional year
the existing multiyear procurement contract, authorized
by section 112(b) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
1648) and awarded on October 14, 1998, for procurement
of vehicles under that program (notwithstanding the max-
imum period for such contracts otherwise applicable under
section 2306b(k) of title 10, United States Code) if the
Secretary determines that it is necessary to do so in order
to prevent a break in production of those vehicles.
SEC. 112. REPEAL OF LIMITATIONS ON BUNKER DEFEAT
MUNITIONS PROGRAM.
Section 116 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2682) is repealed.
Subtitle C—Air Force Programs
SEC. 121. MULTI-YEAR PROCUREMENT OF C–17 AIRCRAFT.
If the Secretary of Defense certifies to the congres-
sional defense committees before the enactment of this Act
that it is in the interest of the Department of Defense
to proceed with a follow-on multi-year procurement of ad-
ditional C–17 aircraft, then the Secretary may, in accord-
ance with section 2306b of title 10, United States Code,
enter into a new multi-year procurement contract or ex-
tend the current multi-year procurement contract begin-
ning in fiscal year 2002 to procure up to 60 additional
C–17 aircraft in order to meet the Department’s airlift
requirements.
Subtitle D—Chemical Munitions
Destruction
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LE-
THAL CHEMICAL AGENTS AND MUNITIONS.
Section 152 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 50 U.S.C.
1521 note) is amended—
(1) in subsection (b)—
(A) by inserting ‘‘for that site’’ after ‘‘in
place’’; and
(B) by adding at the end the following new
paragraphs:
‘‘(4) Emergency preparedness and response ca-
pabilities have been established at the site and in the
surrounding communities to respond to emergencies
involving risks to public health or safety that are
identified by the Secretary of Defense as being risks
resulting from the storage or destruction of lethal
chemical agents and munitions at the site.
‘‘(5) The Under Secretary of Defense for Ac-
quisition, Technology, and Logistics recommends ini-
tiation of destruction at the site after considering
the recommendation by the board established by
subsection (g).’’; and
(2) by adding at the end the following new sub-
section:
‘‘(g) OVERSIGHT BOARDS.—(1) The Under Secretary
of Defense for Acquisition, Technology, and Logistics shall
convene, for each site at which the chemical munitions
stockpile is stored, an independent oversight board com-
posed of—
‘‘(A) the Secretary of the Army;
‘‘(B) the Director of the Federal Emergency
Management Agency;
‘‘(C) the Administrator of the Environmental
Protection Agency;
‘‘(D) the President of the National Academy of
Sciences;
‘‘(E) the Governor of the State in which the
site is located; and
‘‘(F) one individual designated by the Under
Secretary from a list of three local representatives of
the area in which the site is located, prepared jointly
by the Member of the House of Representatives who
represents the Congressional District in which the
site is located and the Senators representing the
State in which the site is located.
‘‘(2) Not later than six months after each such board
is convened, the board shall make a recommendation to
the Under Secretary whether the destruction of the chem-
ical munitions stockpile should be initiated at the site.
‘‘(3) The Under Secretary may not recommend initi-
ation of destruction of the chemical munitions stockpile
at a site after considering a negative recommendation of
the board until 90 days after the Under Secretary provides
notice to Congress of the intent to recommend initiation
of destruction.’’.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 2002 for the use of the Department of Defense
for research, development, test, and evaluation as follows:
(1) For the Army, $6,749,025,000.
(2) For the Navy, $10,863,274,000.
(3) For the Air Force, $14,455,653,000.
(4) 
For 
Defense-wide 
activities,
$15,591,978,000, of which $217,355,000 is author-
ized for the Director of Operational Test and Eval-
uation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) FISCAL YEAR 2002.—Of the amounts authorized
to be appropriated by section 201, $4,973,843,000 shall
be available for basic research and applied research
projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DE-
FINED.—For purposes of this section, the term ‘‘basic re-
search and applied research’’ means work funded in pro-
gram elements for defense research and development
under Department of Defense category 6.1 or 6.2.
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions
SEC. 211. COOPERATIVE DEPARTMENT OF DEFENSE-DE-
PARTMENT OF VETERANS AFFAIRS MEDICAL
RESEARCH PROGRAM.
Of the funds authorized to be appropriated by section
201(4), $5,000,000 shall be available for the cooperative
Department of Defense/Department of Veterans Affairs
medical research program. The Secretary of Defense shall
transfer such amount to the Secretary of Veterans Affairs
for such purpose not later than 30 days after the date
of the enactment of this Act.
SEC. 212. ADVANCED LAND ATTACK MISSILE PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall establish a competitive program for the development
of an advanced land attack missile for the DD–21 land
attack destroyer and other naval combatants.
(b) REPORT.—The Secretary of Defense shall submit
to the congressional defense committees, with the submis-
sion of the budget request for the Department of Defense
for fiscal year 2003, a report providing the program plan
for the Advanced Land Attack Missile program, the sched-
ule for that program, and funding required for that pro-
gram.
(c) FUNDING.—Of the amount authorized to be ap-
propriated under section 201(2) for research, develop-
ment, test, and evaluation for the Navy, $20,000,000 shall
be available in PE 0603795N for the Advanced Land At-
tack Missile program.
SEC. 213. COLLABORATIVE PROGRAM FOR DEVELOPMENT
OF ADVANCED RADAR SYSTEMS FOR NAVAL
APPLICATIONS.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall carry out a program to develop and demonstrate ad-
vanced technologies and concepts leading to advanced
radar systems for naval and other applications.
(b) DESCRIPTION
OF
PROGRAM.—The program
under subsection (a) shall be carried out collaboratively
pursuant to a memorandum of agreement to be entered
into by the Director of Defense Research and Engineering,
the Secretary of the Navy, and the Director of the Defense
Advanced Research Projects Agency. The program shall
include the following activities:
(1) Activities needed to develop and deploy ad-
vanced electronics materials, including specifically
wide band gap electronics components needed to ex-
tend the range and sensitivity of naval radars.
(2) Identification of acquisition systems for use
of the new technology.
(c) REPORT.—Not later than January 31, 2002, the
Director of Defense Research and Engineering, the Sec-
retary of the Navy, and the Director of the Defense Ad-
vanced Research Projects Agency shall submit to the con-
gressional defense committees a joint report on the imple-
mentation of the program under subsection (a). The re-
port shall include the following:
(1) A description of the memorandum of agree-
ment referred to in subsection (b).
(2) A schedule for the program.
(3) Identification of the funding required for
fiscal year 2003 and for the future-years defense
program to carry out the program.
(4) A list of program capability goals and objec-
tives.
(d) FUNDING.—(1) Of the amount authorized to be
appropriated for Defense-wide activities by section 201(4)
for the Defense Advanced Research Projects Agency,
$41,000,000 shall be available for applied research and
maturation of high frequency and high power wide band
gap semiconductor electronics technology to carry out the
program under subsection (a).
(2) Of the amount authorized to be appropriated by
section 201(2) for the Department of the Navy,
$15,500,000 shall be available to carry out the program
under subsection (a).
SEC. 214. COST LIMITATION APPLICABLE TO F–22 AIR-
CRAFT PROGRAM ENGINEERING AND MANU-
FACTURING DEVELOPMENT.
Section 217(c)(3) of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105–85; 111
Stat. 1660) is amended by inserting ‘‘plus $250,000,000’’
after ‘‘and (2))’’.
SEC. 215. C–5 AIRCRAFT MODERNIZATION.
(a) INCREASE IN AIR FORCE RDTE AMOUNT.—The
amount provided in section 201(3) for Research, Develop-
ment, Test, and Evaluation for the Air Force is hereby
increased by $30,000,000, to be available for Re-engining
and Avionics Modernization for the C-5 aircraft.
(b) OFFSET.—The amount provided in section
301(5) is hereby reduced by $30,000,000, to be derived
from amounts for consulting services.
Subtitle C—Ballistic Missile
Defense
SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCURE-
MENT FOR MISSILE DEFENSE PROGRAMS
FROM BALLISTIC MISSILE DEFENSE ORGANI-
ZATION TO MILITARY DEPARTMENTS.
(a) BUDGETING OF MISSILE DEFENSE PROCURE-
MENT AUTHORITY.—(1) Subsection (a) of section 224 of
title 10, United States Code is amended by striking ‘‘pro-
curement’’ both places it appears and inserting ‘‘research,
development, test, and evaluation’’.
(2) Such section is further amended by striking sub-
sections (b) and (c) and inserting the following:
‘‘(b) COVERED PROGRAMS.—Subsection (a) applies
to any ballistic missile defense program for which re-
search, development, test, and evaluation is carried out by
the Ballistic Missile Defense Organization.’’.
(3)(A) The heading of that section is amended to
read as follows:
‘‘§ 224. Ballistic missile defense programs: display of
amounts for research, development, test,
and evaluation’’.
(B) The item relating to section 224 in the table of
sections at the beginning of chapter 9 of such title is
amended to read as follows:
‘‘224. Ballistic missile defense programs: display of amounts for research, devel-
opment, test, and evaluation.’’.
(b) TRANSFER CRITERIA.—The Secretary of Defense
shall establish, and submit to the congressional defense
committees, criteria for the transfer of ballistic missile de-
fense programs from the Ballistic Missile Defense Organi-
zation to the military departments. Those criteria shall,
at a minimum, address technical maturity of the program,
availability of facilities for production, and service commit-
ment to procurement funding.
(c) NOTIFICATION OF TRANSFER.—Before responsi-
bility for a ballistic missile defense program is transferred
from the Ballistic Missile Defense Organization to the Sec-
retary of a military department, the Secretary of Defense
shall submit to the congressional defense committees no-
tice in writing of the Secretary’s intent to make that
transfer. The Secretary shall include with such notice a
certification that the program has met the criteria estab-
lished under subsection (b) for such a transfer. The trans-
fer may then be carried out after the end of the 60-day
period beginning on the date of such notice.
SEC. 232. REPEAL OF PROGRAM ELEMENT REQUIREMENTS
FOR 
BALLISTIC 
MISSILE 
DEFENSE 
PRO-
GRAMS.
(a) REPEAL.—Section 223 of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 9 of such title is amended by
striking the item relating to section 223.
SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE AC-
TIVITIES OF THE DEPARTMENT OF DEFENSE
BY THE NATIONAL DEFENSE LABORATORIES
OF THE DEPARTMENT OF ENERGY.
(a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MIS-
SILE DEFENSE ACTIVITIES.—Of the amounts authorized
to be appropriated to the Department of Defense pursuant
to section 201(4), $25,000,000 shall be available, subject
to subsection (b) and at the discretion of the Director of
the Ballistic Missile Defense Organization, for research,
development, and demonstration activities at the national
laboratories of the Department of Energy in support of
the missions of the Ballistic Missile Defense Organization,
including the following activities:
(1) Technology development, concept dem-
onstration, and integrated testing to enhance per-
formance, reduce risk, and improve reliability in hit-
to-kill interceptors for ballistic missile defense.
(2) Support for science and engineering teams
to assess critical technical problems and prudent al-
ternative approaches as agreed upon by the Director
of the Ballistic Missile Defense Organization and the
Administrator for Nuclear Security.
(b) REQUIREMENT
FOR MATCHING FUNDS FROM
NNSA.—Funds shall be available as provided in sub-
section (a) only if the Administrator for Nuclear Security
makes available matching funds for the activities referred
to in subsection (a).
(c) MEMORANDUM OF UNDERSTANDING.—The ac-
tivities referred to in subsection (a) shall be carried out
under the memorandum of understanding entered into by
the Secretary of Energy and the Secretary of Defense for
the use of national laboratories for ballistic missile defense
programs, as required by section 3131 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law
105–85; 111 Stat. 2034) and modified pursuant to section
3132 of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Pub-
lic Law 106–398; 114 Stat. 1654A–455) to provide for
jointly funded projects.
SEC. 234. MISSILE DEFENSE TESTING INITIATIVE.
(a) TESTING INFRASTRUCTURE.—(1) The Secretary
of Defense shall ensure that each annual budget request
of the Department of Defense—
(A) is designed to provide for comprehensive
testing of ballistic missile defense programs during
early stages of development; and
(B) includes necessary funding to support and
improve test infrastructure and provide adequate
test assets for the testing of such programs.
(2) The Secretary shall ensure that ballistic missile
defense programs incorporate, to the greatest possible ex-
tent, operationally realistic test configurations (referred to
as ‘‘test bed’’ configurations) to demonstrate system per-
formance across a broad range of capability and, during
final stages of operational testing, to demonstrate reliable
performance.
(3) The Secretary shall ensure that the test infra-
structure for ballistic missile defense programs is capable
of supporting continued testing of ballistic missile defense
systems after deployment.
(b) REQUIREMENTS FOR EARLY STAGES OF SYSTEM
DEVELOPMENT.—In order to demonstrate acceptable risk
and developmental stability, the Secretary of Defense shall
ensure that any ballistic missile defense program incor-
porates, to the maximum extent practicable, the following
elements during the early stages of system development:
(1) Pursuit of parallel conceptual approaches
and technological paths for all critical problematic
components until effective and reliable solutions can
be demonstrated.
(2) Comprehensive ground testing in conjunc-
tion with flight-testing for key elements of the pro-
posed system that are considered to present high
risk, with such ground testing to make use of exist-
ing facilities and combinations of facilities that sup-
port testing at the highest possible levels of integra-
tion.
(3) Where appropriate, expenditures to enhance
the capabilities of existing test facilities, or to con-
struct new test facilities, to support alternative com-
plementary test methodologies.
(4) Sufficient funding of test instrumentation
to ensure accurate measurement of all critical test
events and, where possible, incorporation of mobile
assets to enhance flexibility in test configurations.
(5) Incorporation into the program of sufficient
schedule flexibility and expendable test assets, in-
cluding missile interceptors and targets, to ensure
that failed or aborted tests can be repeated in a pru-
dent, but expeditious manner.
(6) Incorporation into flight-test planning for
the program, where possible, of—
(A) methods referred to as ‘‘campaign test-
ing’’ and ‘‘test through failure’’ and other ap-
propriate test methods in order to reduce costs
per test event;
(B) events to demonstrate engagement of
multiple targets, ‘‘shoot-look-shoot’’, and other
planned operational concepts; and
(C) exploitation of opportunities to facili-
tate early development and demonstration of
‘‘family of systems’’ concepts.
(c) SPECIFIC REQUIREMENTS FOR GROUND-BASED
MID-COURSE
INTERCEPTOR
SYSTEMS.—For ground-
based mid-course interceptor systems, the Secretary of
Defense shall initiate steps during fiscal year 2002 to es-
tablish a flight-test capability of launching not less than
three missile defense interceptors and not less than two
ballistic missile targets to provide a realistic test infra-
structure.
SEC. 235. MISSILE DEFENSE SYSTEM TEST BED FACILITIES.
(a) AUTHORITY TO ACQUIRE OR CONSTRUCT FACILI-
TIES.—(1) The Secretary of Defense, using funds appro-
priated to the Department of Defense for research, devel-
opment, test, and evaluation for fiscal years after fiscal
year 2001 that are available for programs of the Ballistic
Missile Defense Organization, may carry out construction
projects, or portions of construction projects, including
projects for the acquisition, improvement, or construction
of facilities of general utility, to establish and operate the
Missile Defense System Test Bed Facilities.
(2) The authority provided in paragraph (1) may be
used to acquire, improve, or construct facilities at a total
cost not to exceed $500,000,000.
(b) AUTHORITY TO PROVIDE ASSISTANCE TO LOCAL
COMMUNITIES.—(1) Subject to paragraph (2), the Sec-
retary of Defense, using funds appropriated to the Depart-
ment of Defense for research, development, test, and eval-
uation for fiscal years after fiscal year 2001 that are avail-
able for programs of the Ballistic Missile Defense Organi-
zation, may provide assistance, by grant or otherwise, to
local communities to meet the need for increased munic-
ipal or community services or facilities resulting from the
construction, installation, or operation of the Missile De-
fense System Test Bed Facilities.
(2) Assistance may be provided to a community under
paragraph (1) only if the Secretary of Defense determines
that there is an immediate and substantial increase in the
need for municipal or community services or facilities as
a direct result of the construction, installation, or oper-
ation of the Missile Defense System Test Bed Facilities.
Subtitle D—Other Matters
SEC. 241. ESTABLISHMENT OF UNMANNED AERIAL VEHI-
CLE JOINT OPERATIONAL TEST BED SYSTEM.
(a) ESTABLISHMENT OF TEST BED SYSTEM.—The
commander of the United States Joint Forces Command
shall establish a capability (referred to as a ‘‘test bed’’)
within the facilities and resources of that command to
evaluate and ensure joint interoperability of unmanned
aerial vehicle systems. That capability shall be inde-
pendent of the military departments and shall be managed
directly by the Joint Forces Command.
(b) REQUIRED TRANSFER OF PREDATOR UAV AS-
SETS.—The Secretary of the Navy shall transfer to the
commander of the Joint Forces Command the two Pred-
ator unmanned aerial vehicles currently undergoing oper-
ational testing by the Navy, together with associated pay-
loads and antennas and the associated tactical control sys-
tem (TCS) ground station.
(c) USE BY JOINT FORCES COMMAND.—The items
transferred pursuant to subsection (a) may be used by the
commander of the United States Joint Forces Command
only through the independent joint operational test bed
system established pursuant to subsection (a) for testing
of those items, including further development of the asso-
ciated tactical control system (TCS) ground station, other
aspects of unmanned aerial vehicle interoperability, and
participation in such experiments and exercises as the
commander considers appropriate to the mission of that
command.
(d) DEADLINE FOR TRANSFERS.—The transfers re-
quired by subsection (b) shall be completed not later than
90 days after the date of the enactment of this Act.
(e) TRANSFER WHEN NO LONGER REQUIRED BY
JOINT FORCES COMMAND.—Upon a determination by the
commander of the United States Joint Forces Command
that any of the items transferred pursuant to subsection
(a) are no longer needed by that command for use as pro-
vided in subsection (c), those items shall be transferred
to the Secretary of the Air Force.
SEC. 242. DEMONSTRATION PROJECT TO INCREASE SMALL
BUSINESS AND UNIVERSITY PARTICIPATION
IN OFFICE OF NAVAL RESEARCH EFFORTS TO
EXTEND BENEFITS OF SCIENCE AND TECH-
NOLOGY RESEARCH TO FLEET.
(a) PROJECT REQUIRED.—The Secretary of the
Navy, acting through the Chief of Naval Research, shall
carry out a demonstration project to increase access to
Navy facilities of small businesses and universities that
are engaged in science and technology research beneficial
to the fleet.
(b) PROJECT ELEMENTS.—In carrying out the dem-
onstration project, the Secretary shall—
(1) establish and operate a Navy Technology
Extension Center at a location to be selected by the
Secretary;
(2) permit participants in the Small Business
Innovation Research Program (SBIR) and Small
Business Technology Transfer Program (STTR)
that are awarded contracts by Office of Naval Re-
search to acccess and use Navy facilities without
charge for purposes of carrying out such contracts;
and
(3) permit universities, institutions of higher
learning, and Federally Funded Research and Devel-
opment Centers (FFRDC) collaborating with SBIR
and STTR participants to use Navy facilities.
(c) REPORT.—Not later than February 1, 2004, the
Secretary shall submit to Congress a report on the dem-
onstration project. The report shall include a description
of the activities carried out under the demonstration
project and any recommendations for the improvement or
expansion of the demonstration project that the Secretary
considers appropriate.
SEC. 243. MANAGEMENT RESPONSIBILITY FOR NAVY MINE
COUNTERMEASURES PROGRAMS.
Section 216(a) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 105 Stat. 1317), as most recently amended by sec-
tion 211 of the Strom Thurmond National Defense Au-
thorization Act for Fiscal Year 1999 (Public Law 105–
261; 112 Stat. 1946), is amended by striking ‘‘through
2003’’ and inserting ‘‘through 2008’’.
SEC. 244. PROGRAM TO ACCELERATE THE INTRODUCTION
OF INNOVATIVE TECHNOLOGY IN DEFENSE
ACQUISITION PROGRAMS.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall carry out a program to provide opportunities for the
increased introduction of innovative and cost-saving tech-
nology in acquisition programs of the Department of De-
fense. The program, to be known as the Challenge Pro-
gram, shall provide an individual or activity within or out-
side the Department of Defense with the opportunity to
propose alternatives, to be known as challenge proposals,
at the component, subsystem, or system level of an exist-
ing Department of Defense acquisition program that
would result in improvements in performance, afford-
ability, manufacturability, or operational capability at the
component, subsystem, or system level of that acquisition
program.
(b) PANEL.—(1) In carrying out the Challenge Pro-
gram, the Secretary of Defense shall establish a panel of
highly qualified scientists and engineers (hereinafter in
this section referred to as the ‘‘Panel’’) under the auspices
of the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. The duty of the Panel shall be to
carry out review and evaluation of challenge proposals
under subsection (c).
(2) A member of the Panel may not participate in
any review and evaluation of a challenge proposal under
subsection (c) if at any time within the previous five years
that member has, in any capacity, participated in or been
affiliated with the Department of Defense program for
which the challenge proposal is proposed.
(c) REVIEW AND EVALUATION OF CHALLENGE PRO-
POSALS.—(1) Under procedures prescribed by the Sec-
retary, an individual or activity within or outside the De-
partment of Defense may submit challenge proposals to
the Panel.
(2) The Panel shall carry out an expedited evaluation
of each challenge proposal submitted under paragraph (1)
to determine whether a prima facie case has been made
that the challenge proposal will result in improvements in
performance, affordability, manufacturability, or oper-
ational capability at the component, subsystem, or system
level of the applicable acquisition program. If the Panel
determines that such a case has not been made, the Panel
may turn down the challenge proposal. In any other case,
the Panel shall provide for a full review of the challenge
proposal under paragraph (3).
(3) In carrying out a full review of a challenge pro-
posal, the Panel shall ensure the following:
(A) Any incumbent that would be displaced by
the implementation of the challenge proposal is pro-
vided notice of the challenge proposal and a full op-
portunity to demonstrate why the challenge proposal
should not be implemented.
(B) Notice of the full review of the challenge
proposal is published in one or more appropriate
commercial publications of national circulation.
(C) If one or more other challenge proposals
are submitted on matters relating to the challenge
proposal being reviewed, the Panel shall, to the max-
imum extent practicable, carry out a full review of
those other challenge proposals together with the full
review of the original challenge proposal.
(4) The Secretary of Defense shall ensure that the
Panel, in carrying out review and evaluation of challenge
proposals under this subsection, has the authority to call
upon the technical resources of the laboratories, research,
development, and engineering centers, test and evaluation
activities, and other elements of the Department.
(d) FINDINGS OF SUBSTANTIAL SUPERIORITY.—If,
after the full review of a challenge proposal is completed,
the Panel finds that the challenge proposal will result in
improvements 
in 
performance, 
affordability,
manufacturability, or operational capability at the compo-
nent, subsystem, or system level of the applicable acquisi-
tion program that are substantially superior to that of the
incumbent, the Panel shall submit that finding to the
Under Secretary.
(e) ACTION UPON FINDINGS.—Upon receiving a find-
ing under subsection (d), the Under Secretary shall carry
out a plan to acquire and implement the challenge pro-
posal with respect to which the finding was made. The
Secretary shall carry out such plan—
(1) after canceling the contract of any incum-
bent that would be displaced by the implementation
of the challenge proposal; or
(2) after an appropriate program milestone
(such as the expiration of such a contract) has been
reached.
(f) ELIMINATION OF CONFLICTS OF INTEREST.—In
carrying out each review and evaluation under subsection
(c), the Secretary shall ensure the elimination of conflicts
of interest.
(g) FUNDING.—Of the funds authorized to be appro-
priated by section 201(4) for Defense-wide research, devel-
opment, test, and evaluation for fiscal year 2002,
$40,000,000 shall be available in PE 63826D8Z for the
Challenge Program required by this section.
(h) REPORT.—The Secretary shall submit to Con-
gress, with the submission of the budget request for the
Department of Defense for each fiscal year beginning with
fiscal year 2003, a report on the implementation of this
section. The report shall include the number and scope
of challenge proposals submitted, reviewed and evaluated,
found to be substantially superior, and implemented.
Subtitle E—Air Force Science and
Technology for the 21st Century
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ‘‘Air Force Science
and Technology for the 21st Century Act’’.
SEC. 252. SCIENCE AND TECHNOLOGY INVESTMENT AND
DEVELOPMENT PLANNING.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Air Force should carry out
each of the following:
(1) Continue and improve efforts to ensure
that—
(A) the Air Force science and technology
community 
is 
represented, 
and 
the 
rec-
ommendations of that community are consid-
ered, at all levels of program planning and
budgetary decisionmaking within the Air Force;
(B) advocacy for science and technology
development is institutionalized across all levels
of Air Force management in a manner that is
not dependent on individuals; and
(C) the value of Air Force science and
technology development is made increasingly
apparent to the warfighters, by linking the
needs of those warfighters with decisions on
science and technology development.
(2) Complete and adopt a policy directive that
provides for changes in how the Air Force makes
budgetary and nonbudgetary decisions with respect
to its science and technology development programs
and how it carries out those programs.
(3) At least once every five years, conduct a re-
view of the long-term challenges and short-term ob-
jectives of the Air Force science and technology pro-
grams that is consistent with the review specified in
section 252 of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as en-
acted into law by Public Law 106–398; 114 Stat.
1654A–46).
(4) Ensure that development and science and
technology planning and investment activities are
carried out for future space warfighting systems and
for future nonspace warfighting systems in an inte-
grated manner.
(5) Elevate the position within the Office of the
Secretary of the Air Force that has primary respon-
sibility for budget and policy decisions for science
and technology programs.
(b) REINSTATEMENT
OF
DEVELOPMENT
PLAN-
NING.—(1) The Secretary of the Air Force shall reinstate
and implement a revised development planning process
that provides for each of the following:
(A) Coordinating the needs of Air Force
warfighters with decisions on science and technology
development.
(B) Giving input into the establishment of pri-
orities among science and technology programs.
(C) Analyzing Air Force capability options for
the allocation of Air Force resources.
(D) 
Developing 
concepts 
for 
technology,
warfighting systems, and operations with which the
Air Force can achieve its critical future goals.
(E) Evaluating concepts for systems and oper-
ations that leverage technology across Air Force or-
ganizational boundaries.
(F) Ensuring that a ‘‘system-of-systems’’ ap-
proach is used in carrying out the various Air Force
capability planning exercises.
(G) Utilizing existing analysis capabilities with-
in the Air Force product centers in a collaborative
and integrated manner.
(2) Not later than one year after the date of the en-
actment of this Act, the Secretary of the Air Force shall
submit to Congress a report on the implementation of the
planning process required by paragraph (1). The report
shall include the annual amount that the Secretary con-
siders necessary to carry out paragraph (1).
SEC. 253. STUDY AND REPORT ON EFFECTIVENESS OF AIR
FORCE SCIENCE AND TECHNOLOGY PRO-
GRAM CHANGES.
(a) REQUIREMENT.—The Secretary of the Air Force,
in cooperation with the National Research Council of the
National Academy of Sciences, shall carry out a study to
determine how the changes to the Air Force science and
technology program implemented during the past two
years affect the future capabilities of the Air Force.
(b) MATTERS STUDIED.—(1) The study shall inde-
pendently review and assess whether such changes as a
whole are sufficient to ensure the following:
(A) That the concerns about the management
of the science and technology program that have
been raised by the Congress, the Defense Science
Board, the Air Force Science Advisory Board, and
the Air Force Association have been adequately ad-
dressed.
(B) That appropriate and sufficient technology
is available to ensure the military superiority of the
United States and counter future high-risk threats.
(C) That the science and technology invest-
ments are balanced to meet the near-, mid-, and
long-term needs of the Air Force.
(D) That technologies are made available that
can be used to respond flexibly and quickly to a wide
range of future threats.
(E) That the Air Force organizational structure
provides for a sufficiently senior level advocate of
science and technology to ensure an ongoing, effec-
tive presence of the science and technology commu-
nity during the budget and planning process.
(2) In addition, the study shall independently assess
the specific changes to the Air Force science and tech-
nology program as follows:
(A) Whether the biannual science and tech-
nology summits provide sufficient visibility into, and
understanding and appreciation of, the value of the
science and technology program to the senior level of
Air Force budget and policy decisionmakers.
(B) Whether the applied technology councils are
effective in contributing the input of all levels be-
neath the senior leadership into the coordination,
focus, and content of the science and technology pro-
gram.
(C) Whether the designation of the commander
of the Air Force Materiel Command as the science
and technology budget advocate is effective to assure
that an adequate budget top line is set.
(D) Whether the revised development planning
process is effective to aid in the coordination of the
needs of the Air Force warfighters with decisions on
science and technology investments and the estab-
lishment of priorities among different science and
technology programs.
(E) Whether the implementation of section 252
of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 114 Stat. 1654A–46) is ef-
fective to identify the basis for the appropriate
science and technology program top line and invest-
ment portfolio.
(c) REPORT.—Not later than 60 days after the date
on which the study required by subsection (a) is com-
pleted, the Secretary of the Air Force shall submit to Con-
gress the results of the study.
(d) FUNDING.—Of the amount made available pursu-
ant to section 201(3) for research, development, test, and
evaluation for the Air Force, $950,000 shall be available
only to carry out this section.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 2002 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $21,015,280,000.
(2) For the Navy, $26,587,962,000.
(3) For the Marine Corps, $2,898,114,000.
(4) For the Air Force, $25,811,462,000.
(5) 
For 
Defense-wide 
activities,
$11,922,131,000.
(6) For the Army Reserve, $1,814,246,000.
(7) For the Naval Reserve, $1,003,690,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$144,023,000.
(9) For the Air Force Reserve, $2,017,866,000.
(10) 
For 
the 
Army 
National 
Guard,
$3,705,359,000.
(11) 
For 
the 
Air 
National 
Guard,
$3,967,361,000.
(12) For the Defense Inspector General,
$152,021,000.
(13) For the United States Court of Appeals
for the Armed Forces, $9,096,000.
(14) For Environmental Restoration, Army,
$389,800,000.
(15) For Environmental Restoration, Navy,
$257,517,000.
(16) For Environmental Restoration, Air Force,
$385,437,000.
(17) For Environmental Restoration, Defense-
wide, $23,492,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $190,255,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $49,700,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $820,381,000.
(21) For the Kaho’olawe Island Conveyance,
Remediation, and Environmental Restoration Trust
Fund, $25,000,000.
(22) 
For 
Defense 
Health 
Program,
$17,570,750,000.
(23) For Cooperative Threat Reduction pro-
grams, $403,000,000.
(24) For Overseas Contingency Operations
Transfer Fund, $2,844,226,000.
(25) Support for International Sporting Com-
petitions, Defense, $15,800,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 2002 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds,
$1,951,986,000.
(2) For the National Defense Sealift Fund,
$407,708,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fis-
cal year 2002 from the Armed Forces Retirement Home
Trust Fund the sum of $71,440,000 for the operation of
the Armed Forces Retirement Home, including the United
States Soldiers’ and Airmen’s Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-
PILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided
in appropriations Acts, not more than $150,000,000 is au-
thorized to be transferred from the National Defense
Stockpile Transaction Fund to operation and maintenance
accounts for fiscal year 2002 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS.—Amounts trans-
ferred under this section—
(1) shall be merged with, and be available for
the same purposes and the same period as, the
amounts in the accounts to which transferred; and
(2) may not be expended for an item that has
been denied authorization of appropriations by Con-
gress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-
ITY.—The transfer authority provided in this section is in
addition to the transfer authority provided in section
1001.
Subtitle B—Environmental
Provisions
SEC. 311. INVENTORY OF EXPLOSIVE RISK SITES AT
FORMER MILITARY RANGES.
(a) INVENTORY REQUIRED.—(1) Chapter 160 of title
10, United States Code, is amended by adding at the end
the following new section:
‘‘§ 2710. Former military ranges: inventory of explo-
sive risk sites; use of inventory; public
safety issues
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) The term ‘former military range’ means a
military range presently located in the United States
that—
‘‘(A) is or was owned by, leased to, or oth-
erwise possessed or used by the Federal Gov-
ernment;
‘‘(B) is designated as a closed, transferred,
or transferring military range (rather than as
an active or inactive range); or
‘‘(C) is or was used as a site for the dis-
posal of military munitions or for the use of
military munitions in training or research, de-
velopment, testing, and evaluation.
‘‘(2) The term ‘abandoned military munitions’
means unexploded ordnance and other abandoned
military munitions, including components thereof
and chemical weapons materiel, that pose a threat to
human health or safety.
‘‘(3) The term ‘State’ includes the District of
Columbia, the Commonwealth of Puerto Rico, and
the territories and possessions.
‘‘(4) The term ‘United States’, in a geographic
sense, includes the Commonwealth of Puerto Rico
and the territories and possessions.
‘‘(b) INVENTORY REQUIRED.—(1) The Secretary of
Defense shall develop and maintain an inventory of former
military ranges that are known or suspected to contain
abandoned military munitions.
‘‘(2) The information for each former military range
in the inventory shall include, at a minimum, the fol-
lowing:
‘‘(A) A unique identifier for the range and its
current designation as either a closed, transferred,
or transferring range.
‘‘(B) An appropriate record showing the loca-
tion, boundaries, and extent of the range, including
identification of the State and political subdivisions
of the State in which the range is located and any
Tribal lands encompassed by the range.
‘‘(C) Known persons and entities, other than a
military department, with any current ownership in-
terest or control of lands encompassed by the range.
‘‘(D) Any restrictions or other land use controls
currently in place that might affect the potential for
public and environmental exposure to abandoned
military munitions.
‘‘(c) SITE PRIORITIZATION.—(1) With respect to
each former military range included on the inventory, the
Secretary of Defense shall assign the range a relative pri-
ority for response activities based on the overall conditions
at the range. The level of response priority assigned the
range shall be included with the information required by
subsection (b)(2) to be maintained for the range.
‘‘(2) In assigning the response priority for a former
military range, the Secretary of Defense shall primarily
consider factors relating to safety and environmental haz-
ard potential, such as the following:
‘‘(A) Whether there are known, versus sus-
pected, abandoned military munitions on all or any
portion of the range and the types of munitions
present or suspected to be present.
‘‘(B) Whether public access to the range is con-
trolled, and the effectiveness of these controls.
‘‘(C) The potential for direct human contact
with abandoned military munitions at the range and
evidence of people entering the range.
‘‘(D) Whether a response action has been or is
being undertaken at the range under the Formerly
Used Defense Sites program or other programs.
‘‘(E) The planned or mandated dates for trans-
fer of the range from military control.
‘‘(F) The extent of any documented incidents
involving abandoned military munitions at or from
the range. In this subparagraph, the term ‘incidents’
means any or all of the following: explosions, discov-
eries, injuries, reports, and investigations.
‘‘(G) The potential for drinking water contami-
nation or the release of weapon components into the
air.
‘‘(H) The potential for destruction of sensitive
ecosystems and damage to natural resources.
‘‘(d) UPDATES AND AVAILABILITY.—(1) The Sec-
retary of Defense shall annually update the inventory and
site prioritization list to reflect new information that be-
comes available. The inventory shall be available in pub-
lished and electronic form.
‘‘(2) The Secretary of Defense shall work with adja-
cent communities to provide information concerning condi-
tions at the former military range and response activities,
and shall respond to inquiries. At a minimum, the Sec-
retary shall notify immediately affected individuals, appro-
priate State, local, tribal, and Federal officials, and, when
appropriate, civil defense or emergency management agen-
cies.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2710. Former military ranges: inventory of explosive risk sites; use of inven-
tory; public safety issues.’’.
(b) INITIAL INVENTORY.—The inventory required by
section 2710 of title 10, United States Code, as added by
subsection (a), shall be completed and made available not
later than one year after the date of the enactment of this
Act.
SEC. 312. NATIONAL SECURITY IMPACT STATEMENTS.
(a) EVALUATION OF NATIONAL SECURITY IMPACTS
REQUIRED.—(1) Chapter 160 of title 10, United States
Code, is amended by inserting after section 2710, as
added by section 311, the following new section:
‘‘§ 2711. Environmental impact statements and envi-
ronmental assessments: evaluation of na-
tional security impacts of proposed ac-
tion and alternatives
‘‘(a) AGENCY ACTION.—Whenever an environmental
impact statement or environmental assessment is required
under section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332) to be prepared in connec-
tion with a proposed Department of Defense action, the
Secretary of Defense shall include as a part of the environ-
mental impact statement or environmental assessment a
detailed evaluation of the impact of the proposed action,
and each alternative to the proposed action considered in
the statement or assessment, on national security, includ-
ing the readiness, training, testing, and operations of the
armed forces.
‘‘(b) AGENCY INPUT.—The Secretary of Defense
shall also include the evaluation required by subsection (a)
in any input provided by the Department of Defense as
a cooperating agency to a lead agency preparing an envi-
ronmental impact statement or environmental assess-
ment.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2711. Environmental impact statements and environmental assessments: eval-
uation of national security impacts of proposed action and al-
ternatives.’’.
(b) EFFECTIVE DATE.—Section 2711 of title 10,
United States Code, as added by subsection (a), shall take
effect on the date of the enactment of this Act and apply
with respect to any environmental impact statement or en-
vironmental assessment prepared by the Secretary of De-
fense that has not been released in final form as of that
date.
SEC. 313. REIMBURSEMENT FOR CERTAIN COSTS IN CON-
NECTION WITH HOOPER SANDS SITE, SOUTH
BERWICK, MAINE.
Using amounts authorized to be appropriated by sec-
tion 301(15) for environmental restoration for the Navy,
the Secretary of the Navy may pay $1,005,478 to the
Hooper Sands Special Account within the Hazardous Sub-
stance Superfund established by section 9507 of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse
the Environmental Protection Agency in full for certain
response costs incurred by the Environmental Protection
Agency for actions taken pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) at the Hooper Sands
site in South Berwick, Maine, pursuant to an interagency
agreement entered into by the Department of the Navy
and the Environmental Protection Agency in January
2001.
SEC. 314. RIVER MITIGATION STUDIES.
(a) PORT OF ORANGE, SABINE RIVER.—The Sec-
retary of Defense may conduct a study regarding mitiga-
tion needs in connection with protruding structures and
submerged objects remaining from the World War II Navy
ship building industry located at the former Navy installa-
tion in Orange, Texas, which create navigational hazards
along the Sabine River and surrounding the Port of Or-
ange.
(b) PHILADELPHIA NAVAL SHIPYARD, DELAWARE
RIVER.—The Secretary of Defense may conduct a study
regarding mitigation needs in connection with floating and
partially submerged debris possibly relating to the Phila-
delphia Naval Shipyard in that portion of the Delaware
River from Philadelphia to the mouth of the river which
create navigational hazards along the river.
(c) USE OF EXISTING INFORMATION.—In conducting
the studies authorized by this section, the Secretary shall
take into account any information available from other
studies conducted in connection with the same navigation
channels.
(d) CONSULTATION.—The Secretary shall conduct
the studies authorized by this section in consultation with
appropriate State and local government entities and Fed-
eral agencies.
(e) REPORT ON STUDY RESULTS.—Not later than
April 30, 2002, the Secretary of Defense shall submit to
the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the
Senate a report that summarizes the results of the studies
conducted under this section.
(f) COST SHARING.—Nothing in this section is in-
tended to require non-Federal cost sharing of the costs
incurred by the Secretary of Defense to conduct the stud-
ies authorized by this section.
(g) REMOVAL AUTHORITY.—Consistent with existing
laws, using funds authorized to be appropriated for these
purposes, and after providing notice to Congress, the Sec-
retary of Defense may work with the other Federal, State,
local, and private entities—
(1) to remove the protruding structures and
submerged objects along the Sabine River and sur-
rounding the Port of Orange that resulted from the
abandonment of the ship building industry and Navy
installation in Orange, Texas; and
(2) to remove floating and partially submerged
debris in the portion of the Delaware River subject
to the study under subsection (b).
(h) RELATION
TO
OTHER
LAWS
AND
AGREE-
MENTS.—This section is not intended to modify any au-
thorities provided to the Secretary of the Army by the
Water Resources Development Act of 1986 (33 U.S.C.
2201 et seq.), nor is it intended to modify any non-Federal
cost-sharing responsibilities outlined in any local coopera-
tion agreements.
SEC. 315. ELIMINATION OF ANNUAL REPORT ON CON-
TRACTOR REIMBURSEMENT FOR COSTS OF
ENVIRONMENTAL RESPONSE ACTIONS.
Section 2706 of title 10, United States Code, is
amended by striking subsection (c).
Subtitle C—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 321. RESERVE COMPONENT COMMISSARY BENEFITS.
(a) ELIGIBILITY FOR COMMISSARY BENEFITS.—Sec-
tion 1063 of title 10, United States Code, is amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively; and
(3) by inserting after the section heading the
following new subsections:
‘‘(a) ELIGIBILITY.—Subject to subsection (c), the
Secretary concerned shall authorize members of the Ready
Reserve described in subsection (b) to have 24 days of eli-
gibility to use commissary stores of the Department of De-
fense for any calendar year.
‘‘(b) COVERED MEMBERS.—Subsection (a) applies
with respect to the following members of the Ready Re-
serve:
‘‘(1) A member of the Selected Reserve who is
satisfactorily participating in required training as
prescribed in section 10147(a)(1) of this title or sec-
tion 502(a) of title 32 in that calendar year.
‘‘(2) A member of the Ready Reserve (other
than a member described in paragraph (1)) who sat-
isfactorily completes 50 or more points credible
under section 12732(a)(2) of this title in that cal-
endar year.
‘‘(c) REDUCED NUMBER OF COMMISSARY VISITS FOR
NEW MEMBERS.—The number of commissary visits au-
thorized for a member of the Selected Reserve described
in subsection (b)(1) who enters the Selected Reserve after
the beginning of the calendar year shall be equal to twice
the number of full months remaining in the calendar
year.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 1063. Use of commissary stores: members of Ready
Reserve’’.
(2) The table of sections at the beginning of chapter
54 of such title is amended by striking the item relating
to section 1063 and inserting the following new item:
‘‘1063. Use of commissary stores: members of Ready Reserve.’’.
SEC. 322. REIMBURSEMENT FOR NONCOMMISSARY USE OF
COMMISSARY FACILITIES.
Section 2685 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(f) REIMBURSEMENT FOR NONCOMMISSARY USE OF
COMMISSARY FACILITIES.—(1) If the Secretary concerned
uses for noncommissary purposes a commissary facility
whose construction was financed (in whole or in part)
using the proceeds of adjustments or surcharges author-
ized by subsection (a) or revenues referred to in subsection
(e), the Secretary concerned shall reimburse the com-
missary surcharge account for the depreciated value of the
investment made with such proceeds and revenues.
‘‘(2) In paragraph (1), the term ‘construction’ has
the meaning given such term in subsection (d)(2).’’.
SEC. 323. CIVIL RECOVERY FOR NONAPPROPRIATED FUND
INSTRUMENTALITY 
COSTS 
RELATED 
TO
SHOPLIFTING.
Section 3701(b)(1)(B) of title 31, United States
Code, is amended by inserting before the comma at the
end the following: ‘‘, including actual and administrative
costs related to shoplifting, theft detection, and theft pre-
vention’’.
Subtitle D—Workforce and Depot
Issues
SEC. 331. WORKFORCE REVIEW LIMITATIONS.
(a) LIMITATION PENDING GAO REPORT.—No more
than 50 percent of the workforce reviews planned during
fiscal year 2002 may be initiated before the date that is
the earlier of (1) May 1, 2002, or (2) the date on which
the Comptroller General submits to Congress the report
required by section 832 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as en-
acted by Public Law 106–398; 114 Stat. 1654A–221), re-
garding policies and procedures governing the transfer of
commercial activities from Government personnel to Fed-
eral contractors.
(b) 
REQUIRED
COST
SAVINGS
LEVEL
FOR
CHANGE.—(1) A commercial or industrial type function
of the Department of Defense may not be changed to per-
formance by the private sector as a result of a workforce
review unless, as a result of the cost comparison examina-
tion required as part of the review that employed the most
efficient organization process described in Office of Man-
agement and Budget Circular A–76 or any successor ad-
ministrative regulation or policy, at least a 10-percent cost
savings would be achieved by performance of the function
by the private sector over the term of the contract.
(2) The cost savings requirement specified in para-
graph (1) does not apply to any contracts for special stud-
ies and analyses, construction services, architectural serv-
ices, engineering services, medical services, scientific and
technical services related to (but not in support of) re-
search and development, and depot-level maintenance and
repair services.
(3) The Secretary of Defense may waive the cost sav-
ings requirement if—
(A) the written waiver is prepared by the Sec-
retary of Defense, or the relevant Assistant Sec-
retary or agency head; and
(B) the written waiver is accompanied by a de-
tailed determination that national security interests
are so compelling as to preclude compliance with the
requirement for a cost comparison examination.
(C) The Secretary of Defense shall publish a
copy of the waiver in the Federal Register.
(c) WORKFORCE REVIEW DEFINED.—In this section,
the term ‘‘workforce review’’ with respect to a function
of the Department of Defense performed by Department
of Defense civilian employees, means a review conducted
under Office of Management and Budget Circular A–76
(or any successor administrative regulation or policy).
SEC. 332. APPLICABILITY OF CORE LOGISTICS CAPABILITY
REQUIREMENTS 
TO 
NUCLEAR 
AIRCRAFT
CARRIERS.
Section 2464(a)(3) of title 10, United States Code,
is amended by striking ‘‘nuclear aircraft carriers’’ and in-
serting ‘‘nuclear refueling of aircraft carriers’’.
SEC. 333. CONTINUATION OF CONTRACTOR MANPOWER RE-
PORTING SYSTEM IN DEPARTMENT OF THE
ARMY.
Section 343 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
569) is amended—
(1) by striking subsection (a) and inserting the
following new subsection (a):
‘‘(a) REPORTING REQUIREMENT FOR DEPARTMENT
OF THE ARMY.—(1) Not later than March 1 of each fiscal
year, the Secretary of the Army shall submit to Congress
a report describing the use during the previous fiscal year
of non-Federal entities to provide services to the Depart-
ment of the Army.
‘‘(2) The data collection required to prepare the re-
port is deemed to be in compliance with the requirements
of chapter 35 of title 44, United States Code, commonly
known as the Paperwork Reduction Act.
‘‘(3) The report required by this section is needed to
comply with sections 115a and 129a of title 10, United
States Code, and is not a procurement action.’’;
(2) by striking ‘‘Department of Defense’’ each
place it appears and inserting ‘‘Department of the
Army’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) GAO EVALUATION.—Not later than 60 days
after the Secretary submits to Congress the report re-
quired under subsection (a) for a fiscal year, the Comp-
troller General shall submit to Congress an evaluation of
the report.’’.
SEC. 334. LIMITATION ON EXPANSION OF WHOLESALE LO-
GISTICS MODERNIZATION PROGRAM.
(a) LIMITATION.—The Secretary of the Army may
not authorize the expansion of the Wholesale Logistics
Modernization Program beyond the original legacy sys-
tems included in the scope of the contract awarded in De-
cember 1999 until the Secretary certifies to Congress that
the original legacy systems have been successfully re-
placed.
(b) GAO EVALUATION.—Not later than 60 days after
the Secretary of the Army submits to Congress the certifi-
cation required under subsection (a), the Comptroller Gen-
eral shall submit to Congress an evaluation of the certifi-
cation.
SEC. 335. PILOT PROJECT FOR EXCLUSION OF CERTAIN EX-
PENDITURES FROM LIMITATION ON PRIVATE
SECTOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE.
Section 2474 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(g) PILOT PROJECT FOR THE EXCLUSION OF CER-
TAIN EXPENDITURES FROM LIMITATION
ON PRIVATE
SECTOR
PERFORMANCE
OF
DEPOT-LEVEL
MAINTE-
NANCE.—
‘‘(1) 
AMOUNTS
EXCLUDED.—Amounts 
ex-
pended out of funds described in paragraph (2) for
the performance of a depot-level maintenance and
repair workload by non-Federal Government per-
sonnel at a Center of Industrial and Technical Ex-
cellence named in paragraph (4) shall not be count-
ed for the purposes of section 2466(a) of this title
if the personnel are provided by private industry
pursuant to a public-private partnership undertaken
by the Center under subsection (b).
‘‘(2) FUNDS FOR FISCAL YEARS 2002 THROUGH
2006.—The funds referred to in paragraph (1) are
funds available to the Air Force for depot-level
maintenance and repair workloads for fiscal year
2002, 2003, 2004, 2005, or 2006, and shall not ex-
ceed 10 percent of the total funds available in any
single year.
‘‘(3) REPORTING
REQUIREMENTS.—All funds
covered by paragraph (1) shall be included as a sep-
arate item in the reports required under paragraphs
(1), (2), and (3) of section 2466(e) of this title.
‘‘(4) COVERED CENTERS.—(A) The Centers of
Industrial and Technical Excellence referred to in
paragraph (1) are the following:
‘‘(i) Oklahoma City Air Logistics Center,
Oklahoma.
‘‘(ii) Ogden Air Logistics Center, Utah.
‘‘(iii) Warner-Robins Air Logistics Center,
Georgia.
‘‘(B) The Secretary of the Air Force shall des-
ignate as a Center of Industrial and Technical Ex-
cellence under this section any of the air logistics
centers named in subparagraph (A) that have not
previously been so designated and shall specify the
core competencies for which the designation is
made.’’.
SEC. 336. PROTECTIONS FOR PURCHASERS OF ARTICLES
AND SERVICES MANUFACTURED OR PER-
FORMED BY WORKING-CAPITAL FUNDED IN-
DUSTRIAL FACILITIES OF THE DEPARTMENT
OF DEFENSE..
(a) GENERAL RULE.—Section 2563(c) of title 10,
United States Code, is amended—
(1) in paragraph (1)(B), by striking ‘‘in any
case of willful misconduct or gross negligence’’ and
inserting ‘‘as provided in paragraph (3)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) Paragraph (1)(B) does not apply in any case
of willful misconduct or gross negligence or in the case
of a claim by a purchaser of articles or services under this
section that damages or injury arose from the failure of
the Government to comply with quality, schedule, or cost
performance requirements in the contract to provide the
articles or services.’’.
(b) 
CONFORMING
AMENDMENT.—Section
2474(e)(2)(B)(i) of such title is amended by striking ‘‘in
a case of willful conduct or gross negligence’’ and inserting
‘‘under the circumstances described in section 2563(c)(3)
of this title’’.
Subtitle E—Defense Dependents
Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE
PROGRAM FOR FISCAL YEAR 2002.—Of the amount au-
thorized to be appropriated pursuant to section 301(5) for
operation and maintenance for Defense-wide activities—
(1) $30,000,000 shall be available only for the
purpose of providing educational agencies assistance
to local educational agencies; and
(2) $1,000,000 shall be available only for the
purpose of making payments to local educational
agencies to assist such agencies in adjusting to re-
ductions in the number of military dependent stu-
dents as a result of the closure or realignment of
military installations, as provided in section 386(d)
of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(b) NOTIFICATION.—Not later than June 30, 2002,
the Secretary of Defense shall notify each local edu-
cational agency that is eligible for assistance or a payment
under subsection (a) for fiscal year 2002 of—
(1) that agency’s eligibility for the assistance or
payment; and
(2) the amount of the assistance or payment for
which that agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of
Defense shall disburse funds made available under sub-
section (a) not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘local educational agency’’ has
the meaning given that term in section 8013(9) of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
SEC. 342. AVAILABILITY OF AUXILIARY SERVICES OF DE-
FENSE DEPENDENTS’ EDUCATION SYSTEM
FOR DEPENDENTS WHO ARE HOME SCHOOL
STUDENTS.
Section 1407 of the Defense Dependents’ Education
Act of 1978 (20 U.S.C. 926) is amended—
(1) by redesignating subsection (d) as sub-
section (e); and
(2) by inserting after subsection (c) the fol-
lowing new subsection:
‘‘(d) AUXILIARY SERVICES AVAILABLE
TO HOME
SCHOOL STUDENTS.—(1) A dependent who is educated in
a home school setting, but who is eligible to enroll in a
school of the defense dependents’ education system, shall
be permitted to use or receive auxiliary services of that
school without being required to either enroll in that
school or register for a minimum number of courses of-
fered by that school. The dependent may be required to
satisfy other eligibility requirements applicable to students
actually enrolled in that school who use or receive the
same auxiliary services.
‘‘(2) For purposes of paragraph (1), the term ‘auxil-
iary services’ includes registration in individual courses,
use of academic resources, access to the library of the
school, after hours use of school facilities, and participa-
tion in music, sports, and other extracurricular and inter-
scholastic activities.’’.
SEC. 
343. 
REPORT 
REGARDING 
COMPENSATION 
FOR
TEACHERS EMPLOYED IN TEACHING POSI-
TIONS IN OVERSEAS SCHOOLS OPERATED BY
THE DEPARTMENT OF DEFENSE.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report evaluating the method currently used
by the Secretary to fix the basic compensation for teachers
and teaching positions in the Department of Defense
under the Defense Department Overseas Teachers Pay
and Personnel Practices Act (20 U.S.C. 901 et seq.). The
report shall include the recommendations of the Secretary
regarding a proposal to increase such compensation to re-
flect the average of the range of rates of basic compensa-
tion for similar teaching positions of a comparable level
of duties and responsibilities for teachers employed in pub-
lic schools in the District of Columbia metropolitan area,
which includes the District of Columbia Public Schools,
Arlington Public Schools, Alexandria City Public Schools,
Fairfax County Public Schools, Montgomery County Pub-
lic Schools, and Prince George’s County Public Schools.
Subtitle F—Other Matters
SEC. 351. AVAILABILITY OF EXCESS DEFENSE PERSONAL
PROPERTY TO SUPPORT DEPARTMENT OF
VETERANS AFFAIRS INITIATIVE TO ASSIST
HOMELESS VETERANS.
(a) TRANSFER AUTHORITY.—Section 2557(a) of title
10, United States Code, is amended—
(1) by striking ‘‘The Secretary’’ and inserting
‘‘(1) The Secretary’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Secretary of Defense may make excess
clothing, shoes, sleeping bags, and related nonlethal excess
supplies available to the Secretary of Veterans Affairs for
distribution to homeless veterans and programs assisting
homeless veterans. The transfer of nonlethal excess sup-
plies to the Secretary of Veterans Affairs under this para-
graph shall be without reimbursement.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 2557. Excess nonlethal supplies: availability for
homeless veteran initiatives and humani-
tarian relief’’.
(2) The table of sections at the beginning of chapter
152 of such title is amended by striking the item relating
to section 2557 and inserting the following new item:
‘‘2557. Excess nonlethal supplies: availability for homeless veteran initiatives
and humanitarian relief.’’.
SEC. 352. CONTINUATION OF LIMITATIONS ON IMPLEMEN-
TATION OF NAVY-MARINE CORPS INTRANET
CONTRACT.
(a) EXCLUSION OF MARINE CORPS.—Subsection (c)
of section 814 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by
Public 
Law 
106–398; 
114 
Stat. 
1654A–215) 
is
amended—
(1) by striking ‘‘PROHIBITION ON INCREASE OF
RATES
CHARGED.—’’ and inserting ‘‘PROHIBI-
TIONS.—(1)’’;
(2) by striking ‘‘fiscal year 2001’’ and inserting
‘‘fiscal year 2002’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) The Navy Intranet contract may not include any
activities of the Marine Corps.’’.
(b) LIMITATION ON PHASED IMPLEMENTATION.—
Subsection (b)(4) of such section is amended—
(1) by striking ‘‘fiscal year 2001’’ both places
it appears and inserting ‘‘fiscal year 2002’’; and
(2) by striking ‘‘Marine Corps, the naval ship-
yards, or’’ both places it appears and inserting
‘‘naval shipyards or’’.
SEC. 353. COMPLETION AND EVALUATION OF CURRENT
DEMONSTRATION PROGRAMS TO IMPROVE
QUALITY OF PERSONAL PROPERTY SHIP-
MENTS OF MEMBERS.
(a) COMPLETION.—The Secretary of Defense shall
conduct to completion all demonstration programs in the
Department of Defense that were designed to improve the
movement of household goods of members of the Armed
Forces and were being conducted or authorized as of Octo-
ber 1, 2000,
(b) EVALUATION.—Not later than August 31, 2002,
the Secretary of Defense shall submit to Congress a report
evaluating whether the demonstration programs referred
to in subsection (a), as implemented, satisfy the goals (as
contained in the General Accounting Report NSIAD 97–
49) for such demonstration programs previously agreed
upon between the Department of Defense and representa-
tives of private sector entities involved in the transpor-
tation of household goods for members of the Armed
Forces.
(c) INTERIM REPORTS.—Not later than January 15,
2002, and April 15, 2002, the Secretary shall submit to
Congress interim reports regarding the progress of the
demonstration programs referred to in subsection (a).
SEC. 354. EXPANSION OF ENTITIES ELIGIBLE FOR LOAN,
GIFT, AND EXCHANGE OF DOCUMENTS, HIS-
TORICAL ARTIFACTS, AND OBSOLETE COM-
BAT MATERIEL.
Section 2572(a)(1) of title 10, United States Code,
is amended by inserting before the period at the end the
following: ‘‘, county, or other political subdivision of a
State’’.
SEC. 355. SENSE OF CONGRESS REGARDING SECURITY TO
BE PROVIDED AT THE 2002 WINTER OLYMPIC
GAMES.
It is the sense of Congress that the Secretary of De-
fense should provide essential and appropriate public safe-
ty and security support for the 2002 Winter Olympic
Games in Salt Lake City, Utah.
TITLE IV—MILITARY
PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 2002, as follows:
(1) The Army, 480,000.
(2) The Navy, 376,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 358,800.
SEC. 402. REVISION IN PERMANENT END STRENGTH MIN-
IMUM LEVELS.
(a) REVISED END STRENGTH FLOORS.—Section
691(b) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘372,000’’
and inserting ‘‘376,000’’; and
(2) in paragraph (4), by striking ‘‘357,000’’
and inserting ‘‘358,800’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on October 1, 2001, or the
date of the enactment of this Act, whichever is later.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 2002, as follows:
(1) The Army National Guard of the United
States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,000.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United
States, 108,400.
(6) The Air Force Reserve, 74,700.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be proportionately reduced by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
such component which are on active duty (other
than for training) at the end of the fiscal year; and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be proportion-
ately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 2002, the following num-
ber of Reserves to be serving on full-time active duty or
full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United
States, 22,974.
(2) The Army Reserve, 13,108.
(3) The Naval Reserve, 14,811.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United
States, 11,591.
(6) The Air Force Reserve, 1,437.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
(DUAL STATUS).
The minimum number of military technicians (dual
status) as of the last day of fiscal year 2002 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall
be the following:
(1) For the Army National Guard of the
United States, 23,128.
(2) For the Army Reserve, 5,999.
(3) For the Air National Guard of the
United States, 22,422.
(4) For the Air Force Reserve, 9,818.
SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STA-
TUS TECHNICIANS.
(a) LIMITATION.—The number of non-dual status
technicians employed by the reserve components of the
Army and the Air Force as of September 30, 2002, may
not exceed the following:
(1) For the Army Reserve, 1,095.
(2) For the Army National Guard of the United
States, 1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United
States, 350.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In
this section, the term ‘‘non-dual status technician’’ has the
meaning given that term in section 10217(a) of title 10,
United States Code.
SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PER-
SONNEL SERVING ON ACTIVE DUTY OR FULL-
TIME NATIONAL GUARD DUTY IN CERTAIN
GRADES FOR ADMINISTRATION OF RESERVE
COMPONENTS.
(a) OFFICERS.—The text of section 12011 of title 10,
United States Code, is amended to read as follows:
‘‘(a) LIMITATIONS.—(1) Of the total number of mem-
bers of a reserve component who are serving on full-time
reserve component duty at the end of any fiscal year, the
number of those members who may be serving in each of
the grades of major, lieutenant colonel, and colonel may
not, as of the end of that fiscal year, exceed the number
determined in accordance with the following table:
‘‘Total number of members of a reserve
component serving on full-time reserve
component duty:
Number of officers of that reserve component who may be serving in
the grade of:
Major
Lieutenant Colonel
Colonel
Army Reserve:
10,000 .............................................
1,390
740
230
11,000 .............................................
1,529
803
242
12,000 .............................................
1,668
864
252
13,000 .............................................
1,804
924
262
14,000 .............................................
1,940
984
272
15,000 .............................................
2,075
1,044
282
16,000 .............................................
2,210
1,104
291
17,000 .............................................
2,345
1,164
300
18,000 .............................................
2,479
1,223
309
19,000 .............................................
2,613
1,282
318
20,000 .............................................
2,747
1,341
327
21,000 .............................................
2,877
1,400
336
‘‘Total number of members of a reserve
component serving on full-time reserve
component duty:
Number of officers of that reserve component who may be serving in
the grade of:
Major
Lieutenant Colonel
Colonel
Army National Guard:
20,000 .............................................
1,500
850
325
22,000 .............................................
1,650
930
350
24,000 .............................................
1,790
1,010
370
26,000 .............................................
1,930
1,085
385
28,000 .............................................
2,070
1,160
400
30,000 .............................................
2,200
1,235
405
32,000 .............................................
2,330
1,305
408
34,000 .............................................
2,450
1,375
411
36,000 .............................................
2,570
1,445
411
38,000 .............................................
2,670
1,515
411
40,000 .............................................
2,770
1,580
411
42,000 .............................................
2,837
1,644
411
Marine Corps Reserve:
1,100 ...............................................
106
1,200 ...............................................
110
1,300 ...............................................
114
1,400 ...............................................
118
1,500 ...............................................
121
1,600 ...............................................
124
1,700 ...............................................
127
1,800 ...............................................
130
1,900 ...............................................
133
2,000 ...............................................
136
2,100 ...............................................
139
2,200 ...............................................
141
2,300 ...............................................
143
2,400 ...............................................
145
2,500 ...............................................
147
2,600 ...............................................
149
Air Force Reserve:
500 ..................................................
1,000 ...............................................
155
165
1,500 ...............................................
220
240
135
2,000 ...............................................
285
310
170
2,500 ...............................................
350
369
203
3,000 ...............................................
413
420
220
3,500 ...............................................
473
464
230
4,000 ...............................................
530
500
240
4,500 ...............................................
585
529
247
5,000 ...............................................
638
550
254
5,500 ...............................................
688
565
261
6,000 ...............................................
735
575
268
7,000 ...............................................
770
595
280
8,000 ...............................................
805
615
290
10,000 .............................................
835
635
300
Air National Guard:
5,000 ...............................................
333
335
251
6,000 ...............................................
403
394
260
7,000 ...............................................
472
453
269
8,000 ...............................................
539
512
278
9,000 ...............................................
606
571
287
10,000 .............................................
673
630
296
11,000 .............................................
740
688
305
12,000 .............................................
807
742
314
13,000 .............................................
873
795
323
14,000 .............................................
939
848
332
15,000 .............................................
1,005
898
341
16,000 .............................................
1,067
948
350
‘‘Total number of members of a reserve
component serving on full-time reserve
component duty:
Number of officers of that reserve component who may be serving in
the grade of:
Major
Lieutenant Colonel
Colonel
17,000 .............................................
1,126
998
359
18,000 .............................................
1,185
1,048
368
19,000 .............................................
1,235
1,098
377
20,000 .............................................
1,283
1,148
380.
‘‘(2) Of the total number of members of the Naval
Reserve who are serving on full-time reserve component
duty at the end of any fiscal year, the number of those
members who may be serving in each of the grades of lieu-
tenant commander, commander, and captain may not, as
of the end of that fiscal year, exceed the number deter-
mined in accordance with the following table:
‘‘Total number of members of Naval Re-
serve serving on full-time reserve compo-
nent duty
Number of officers who may be serving in the grade of:
Lieutenant com-
mander
Commander
Captain
10,000 .............................................
807
447
141
11,000 .............................................
867
467
153
12,000 .............................................
924
485
163
13,000 .............................................
980
503
173
14,000 .............................................
1,035
521
183
15,000 .............................................
1,088
538
193
16,000 .............................................
1,142
555
203
17,000 .............................................
1,195
565
213
18,000 .............................................
1,246
575
223
19,000 .............................................
1,291
585
233
20,000 .............................................
1,334
595
242
21,000 .............................................
1,364
603
250
22,000 .............................................
1,384
610
258
23,000 .............................................
1,400
615
265
24,000 .............................................
1,410
620
270.
‘‘(b) DETERMINATIONS BY INTERPOLATION.—If the
total number of members of a reserve component serving
on full-time reserve component duty is between any two
consecutive numbers in the first column of the appropriate
table in paragraph (1) or (2) of subsection (a), the cor-
responding authorized strengths for each of the grades
shown in that table for that component are determined
by mathematical interpolation between the respective
numbers of the two strengths. If the total number of mem-
bers of a reserve component serving on full-time reserve
component duty is more or less than the highest or lowest
number, respectively, set forth in the first column of the
appropriate table in paragraph (1) or (2) of subsection
(a), the Secretary concerned shall fix the corresponding
strengths for the grades shown in that table at the same
proportion as is reflected in the nearest limit shown in
the table.
‘‘(c) REALLOCATIONS TO LOWER GRADES.—When-
ever the number of officers serving in any grade for duty
described in subsection (a) is less than the number author-
ized for that grade under this section, the difference be-
tween the two numbers may be applied to increase the
number authorized under this section for any lower grade.
‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining
that it is in the national interest to do so, the Secretary
of Defense may increase for a particular fiscal year the
number of reserve officers that may be on full-time reserve
component duty for a reserve component in a grade re-
ferred to in a table in subsection (a) by a number that
does not exceed the number equal to 5 percent of the max-
imum number specified for the grade in that table.
‘‘(2) Whenever the Secretary exercises the authority
provided in paragraph (1), the Secretary shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Represent-
atives notice in writing of the adjustment made.
‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DE-
FINED.—In this section, the term ‘full-time reserve com-
ponent duty’ means the following duty:
‘‘(1) Active duty described in sections 10211,
10302, 10303, 10304, 10305, 12310, or 12402 of
this title.
‘‘(2) Full-time National Guard duty (other than
for training) under section 502(f) of title 32.
‘‘(3) Active duty described in section 708 of
title 32.’’.
(b) SENIOR ENLISTED MEMBERS.—The text of sec-
tion 12012 of title 10, United States Code, is amended
to read as follows:
‘‘(a) LIMITATIONS.—Of the total number of members
of a reserve component who are serving on full-time re-
serve component duty at the end of any fiscal year, the
number of those members in each of pay grades of E–
8 and E–9 who may be serving on active duty under sec-
tion 10211 or 12310, or on full-time National Guard duty
under the authority of section 502(f) of title 32 (other
than for training) in connection with organizing, admin-
istering, recruiting, instructing, or training the reserve
components or the National Guard may not, as of the end
of that fiscal year, exceed the number determined in ac-
cordance with the following table:
‘‘Total number of members of a reserve component serving on
full-time reserve component duty:
Number of members of that reserve compo-
nent who may be serving in the grade of:
E–8
E–9
Army Reserve:
10,000 ...............................................................................
1,052
154
11,000 ...............................................................................
1,126
168
12,000 ...............................................................................
1,195
180
13,000 ...............................................................................
1,261
191
14,000 ...............................................................................
1,327
202
15,000 ...............................................................................
1,391
213
16,000 ...............................................................................
1,455
224
17,000 ...............................................................................
1,519
235
18,000 ...............................................................................
1,583
246
19,000 ...............................................................................
1,647
257
20,000 ...............................................................................
1,711
268
21,000 ...............................................................................
1,775
278
Army National Guard:
20,000 ...............................................................................
1,650
550
22,000 ...............................................................................
1,775
615
24,000 ...............................................................................
1,900
645
26,000 ...............................................................................
1,945
675
28,000 ...............................................................................
1,945
705
30,000 ...............................................................................
1,945
725
32,000 ...............................................................................
1,945
730
34,000 ...............................................................................
1,945
735
36,000 ...............................................................................
1,945
738
38,000 ...............................................................................
1,945
741
40,000 ...............................................................................
1,945
743
42,000 ...............................................................................
1,945
743
Naval Reserve:
10,000 ...............................................................................
340
143
11,000 ...............................................................................
364
156
12,000 ...............................................................................
386
169
13,000 ...............................................................................
407
182
14,000 ...............................................................................
423
195
15,000 ...............................................................................
435
208
16,000 ...............................................................................
447
221
17,000 ...............................................................................
459
234
18,000 ...............................................................................
471
247
19,000 ...............................................................................
483
260
20,000 ...............................................................................
495
273
21,000 ...............................................................................
507
286
22,000 ...............................................................................
519
299
23,000 ...............................................................................
531
312
24,000 ...............................................................................
540
325
Marine Corps Reserve:
1,100 .................................................................................
1,200 .................................................................................
1,300 .................................................................................
‘‘Total number of members of a reserve component serving on
full-time reserve component duty:
Number of members of that reserve compo-
nent who may be serving in the grade of:
E–8
E–9
1,400 .................................................................................
1,500 .................................................................................
1,600 .................................................................................
1,700 .................................................................................
1,800 .................................................................................
1,900 .................................................................................
2,000 .................................................................................
2,100 .................................................................................
2,200 .................................................................................
2,300 .................................................................................
101
2,400 .................................................................................
103
2,500 .................................................................................
105
2,600 .................................................................................
107
Air Force Reserve:
500 ....................................................................................
1,000 .................................................................................
145
1,500 .................................................................................
208
105
2,000 .................................................................................
270
130
2,500 .................................................................................
325
150
3,000 .................................................................................
375
170
3,500 .................................................................................
420
190
4,000 .................................................................................
460
210
4,500 .................................................................................
495
230
5,000 .................................................................................
530
250
5,500 .................................................................................
565
270
6,000 .................................................................................
600
290
7,000 .................................................................................
670
330
8,000 .................................................................................
740
370
10,000 ...............................................................................
800
400
Air National Guard
5,000 .................................................................................
1,020
405
6,000 .................................................................................
1,070
435
7,000 .................................................................................
1,120
465
8,000 .................................................................................
1,170
490
9,000 .................................................................................
1,220
510
10,000 ...............................................................................
1,270
530
11,000 ...............................................................................
1,320
550
12,000 ...............................................................................
1,370
570
13,000 ...............................................................................
1,420
589
14,000 ...............................................................................
1,470
608
15,000 ...............................................................................
1,520
626
16,000 ...............................................................................
1,570
644
17,000 ...............................................................................
1,620
661
18,000 ...............................................................................
1,670
678
19,000 ...............................................................................
1,720
695
20,000 ...............................................................................
1,770
712.
‘‘(b) DETERMINATIONS BY INTERPOLATION.—If the
total number of members of a reserve component serving
on full-time reserve component duty is between any two
consecutive numbers in the first column of the table in
subsection (a), the corresponding authorized strengths for
each of the grades shown in that table for that component
are determined by mathematical interpolation between the
respective numbers of the two strengths. If the total num-
ber of members of a reserve component serving on full-
time reserve component duty is more or less than the high-
est or lowest number, respectively, set forth in the first
column of the table in subsection (a), the Secretary con-
cerned shall fix the corresponding strengths for the grades
shown in the table at the same proportion as is reflected
in the nearest limit shown in the table.
‘‘(c) REALLOCATIONS TO LOWER GRADE.—Whenever
the number of officers serving in pay grade E–9 for duty
described in subsection (a) is less than the number author-
ized for that grade under this section, the difference be-
tween the two numbers may be applied to increase the
number authorized under this section for pay grade E–
8.
‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining
that it is in the national interest to do so, the Secretary
of Defense may increase for a particular fiscal year the
number of reserve enlisted members that may be on active
duty or full-time National Guard duty as described in sub-
section (a) for a reserve component in a pay grade referred
to in a table in subsection (a) by a number that does not
exceed the number equal to 5 percent of the maximum
number specified for that grade and reserve component
in the table.
‘‘(2) Whenever the Secretary exercises the authority
provided in paragraph (1), the Secretary shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Represent-
atives notice in writing of the adjustment made.
‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DE-
FINED.—In this section, the term ‘full-time reserve com-
ponent duty’ has the meaning given the term in section
12011(e) of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 2001, or the
date of the enactment of this Act, whichever is later.
Subtitle C—Other Matters Relating
to Personnel Strengths
SEC. 421. INCREASE IN PERCENTAGE BY WHICH ACTIVE
COMPONENT END STRENGTHS FOR ANY FIS-
CAL YEAR MAY BE INCREASED.
(a) INCREASE.—Section 115(c)(1) of title 10, United
States Code, is amended by striking ‘‘1 percent’’ and in-
serting ‘‘2 percent’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 2001, or the
date of the enactment of this Act, whichever is later.
SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR
NATIONAL 
GUARD 
AND 
RESERVE 
PER-
SONNEL 
PERFORMING 
FUNERAL 
HONORS
FUNCTIONS.
Section 115(d) of title 10, United States Code, is
amended by adding at the end the following new para-
graphs:
‘‘(10) Members of reserve components on active
duty to prepare for and to perform funeral honors
functions for funerals of veterans in accordance with
section 1491 of this title.
‘‘(11) Members on full-time National Guard
duty to prepare for and perform funeral honors
functions for funerals of veterans in accordance with
section 1491 of this title.’’.
SEC. 423. INCREASE IN AUTHORIZED STRENGTHS FOR AIR
FORCE OFFICERS ON ACTIVE DUTY IN THE
GRADE OF MAJOR.
The table in section 523(a)(1) of title 10, United
States Code, is amended by striking the figures under the
heading ‘‘Major’’ in the portion of the table relating to
the Air Force and inserting the following:
‘‘9,861
10,727
11,593
12,460
13,326
14,192
15,058
15,925
16,792
17,657
18,524
19,389
20,256
21,123
21,989
22,855
23,721
24,588
25,454’’.
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal
year 2002 a total of $82,279,101,000. The authorization
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2002.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—General Personnel
Management Authorities
SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF
SENIOR GENERAL AND FLAG OFFICER POSI-
TIONS.
(a) REPEAL OF LIMIT ON NUMBER OF OFFICERS ON
ACTIVE DUTY IN GRADES OF GENERAL AND ADMIRAL.—
Section 528 of title 10, United States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 32 of such title is amended
by striking the item relating to section 528.
SEC. 502. ORIGINAL APPOINTMENTS IN REGULAR GRADES
FOR ACADEMY GRADUATES AND CERTAIN
OTHER NEW OFFICERS.
(a) REPEAL OF REQUIREMENT FOR ONE YEAR OF
ACTIVE DUTY IN A RESERVE GRADE.—Section 532(e) of
title 10, United States Code, is repealed.
(b) 
MILITARY
ACADEMY
GRADUATES.—Section
4353(b) of such title is amended to read as follows:
‘‘(b) A cadet who completes the prescribed course of
instruction, is qualified for an original appointment in a
regular component under section 532 of this title, and
meets such other criteria for appointment as a commis-
sioned officer in the Army as may be prescribed by the
Secretary of the Army shall, upon graduation, be ap-
pointed a second lieutenant in the Regular Army under
section 531 of this title, unless appointed under that sec-
tion in a regular component of one of the other armed
forces in accordance with section 541 of this title.’’.
(c) NAVAL ACADEMY GRADUATES.—Section 6967 of
such title is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Under regula-
tions’’; and
(2) by adding at the end the following:
‘‘(b) A midshipman who completes the prescribed
course of instruction, is qualified for an original appoint-
ment in a regular component under section 532 of this
title, and meets such other criteria for appointment as a
commissioned officer in the naval service as may be pre-
scribed by the Secretary of the Navy shall, upon gradua-
tion, be appointed an ensign in the Regular Navy or a
second lieutenant in the Regular Marine Corps under sec-
tion 531 of this title, unless appointed under that section
in a regular component of one of the other armed forces
in accordance with section 541 of this title.’’.
(d) AIR FORCE ACADEMY GRADUATES.—Section
9353(b) of such title is amended to read as follows:
‘‘(b) A cadet who completes the prescribed course of
instruction, is qualified for an original appointment in a
regular component under section 532 of this title, and
meets such other criteria for appointment as a commis-
sioned officer in the Air Force as may be prescribed by
the Secretary of the Air Force shall, upon graduation, be
appointed a second lieutenant in the Regular Air Force
under section 531 of this title, unless appointed under that
section in a regular component of one of the other armed
forces in accordance with section 541 of this title.’’.
(e) ROTC DISTINGUISHED GRADUATES.—Section
2106(a) of such title is amended by adding at the end
the following new sentence: ‘‘However, a member of the
program selected for an appointment under this section
who, under regulations prescribed by the Secretary of the
military department concerned, is designated or selected
as a Distinguished Graduate (or the equivalent) shall be
appointed as a regular officer.’’.
(f) OTHER COMMISSIONING PROGRAMS.—(1) Chap-
ter 33 of such title is amended by adding at the end the
following new section:
100
‘‘§ 542. Distinguished Graduates of officer commis-
sioning programs other than service
academies and ROTC
‘‘A person who is selected for an original appointment
as a commissioned officer in the Army, Navy, Air Force,
or Marine Corps as a result of satisfactory completion of
an officer commissioning program other than the course
of instruction at one of the service academies named in
section 541 of this title or the Senior Reserve Officers’
Training Corps program and who, under regulations pre-
scribed by the Secretary of the military department con-
cerned, is designated or selected as a Distinguished Grad-
uate of that program (or the equivalent) shall be appointed
as a regular officer.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘542. Distinguished Graduates of officer commissioning programs other than
service academies and ROTC.’’.
(g) EFFECTIVE DATE.—The amendments made by
this section shall take effect on May 1, 2002.
101
SEC. 503. TEMPORARY REDUCTION OF TIME-IN-GRADE RE-
QUIREMENT 
FOR 
ELIGIBILITY 
FOR 
PRO-
MOTION FOR CERTAIN ACTIVE-DUTY LIST OF-
FICERS IN GRADES OF FIRST LIEUTENANT
AND LIEUTENANT (JUNIOR GRADE).
(a) AUTHORITY.—Subsection (a) of section 619 of
title 10, United States Code, is amended—
(1) in paragraph (1)(B), by inserting before the
period at the end the following: ‘‘, or such shorter
period as may be in effect under paragraph (6)’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(6)(A) When the needs of the service require, the
Secretary of the military department concerned may re-
duce to eighteen months the period of service in grade ap-
plicable for purposes of paragraph (1)(B) in the case of
officers who are serving in a position that is authorized
for officers in the grade of captain or, in the case of the
Navy, lieutenant.
‘‘(B) If the Secretary of the military department con-
cerned uses the authority provided in subparagraph (A),
the number of captains or, in the case of the Navy, lieuten-
ants on the active-duty list may not exceed the number
of positions for which officers in that grade are authorized
by more than one percent.
102
‘‘(C) The authority under subparagraph (A) and the
limitation under subparagraph (B) expire on September
30, 2005.’’.
(b) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended as follows:
(1) Subsection (a) is amended by striking
‘‘(a)(1)’’ and inserting ‘‘(a) TIME-IN-GRADE RE-
QUIREMENTS.—(1)’’.
(2) Subsection (b) is amended by striking
‘‘(b)(1)’’ and inserting ‘‘(b) CONTINUED ELIGI-
BILITY
FOR CONSIDERATION
FOR PROMOTION
OF
OFFICERS WHO HAVE PREVIOUSLY FAILED OF SE-
LECTION.—(1)’’.
(3) Subsection (c) is amended by striking
‘‘(c)(1)’’ and inserting ‘‘(c) OFFICERS TO BE CON-
SIDERED BY PROMOTION BOARDS.—(1)’’.
(4) Subsection (d) is amended by inserting
‘‘CERTAIN OFFICERS NOT TO BE CONSIDERED.—’’
after ‘‘(d)’’.
(c) TECHNICAL AMENDMENT.—Subsection (a)(4) of
such section is amended by striking ‘‘clause (A)’’ and in-
serting ‘‘subparagraph (A)’’.
103
SEC. 504. INCREASE IN SENIOR ENLISTED ACTIVE DUTY
GRADE LIMIT FOR NAVY, MARINE CORPS,
AND AIR FORCE.
(a) MEMBERS IN PAY GRADE E–8.—Section 517(a)
of title 10, United States Code, is amended by striking
‘‘2 percent (or, in the case of the Army, 2.5 percent)’’
and inserting ‘‘2.5 percent’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 2001, or the
date of the enactment of this Act, whichever is later.
SEC. 505. AUTHORITY FOR LIMITED EXTENSION OF MED-
ICAL DEFERMENT OF MANDATORY RETIRE-
MENT OR SEPARATION.
The text of section 640 of title 10, United States
Code, is amended to read as follows:
‘‘(a) If the Secretary of the military department con-
cerned determines that the evaluation of the physical con-
dition of an officer and determination of the officer’s enti-
tlement to retirement or separation for physical disability
require hospitalization or medical observation and that
such hospitalization or medical observation cannot be com-
pleted with confidence in a manner consistent with the
member’s well being before the date on which the officer
would otherwise be required to retire or be separated
under this title, the Secretary may defer the retirement
or separation of the officer under this title.
104
‘‘(b) A deferral of retirement or separation under
subsection (a) may not extend for more than 30 days after
completion of the evaluation requiring hospitalization or
medical observation.’’.
SEC. 506. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE
DUTY OF MEMBERS SUBJECT TO MANDA-
TORY RETIREMENT OR SEPARATION.
(a) SECTION 12305 STOP-LOSS AUTHORITY.—Sec-
tion 12305 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(c) Upon the termination of a suspension made
under the authority of subsection (a) of a provision of law
otherwise requiring the separation or retirement of officers
on active duty because of age, length of service or length
of service in grade, or failure of selection for promotion,
the Secretary concerned shall extend by up to 90 days the
otherwise required separation or retirement date of any
officer covered by the suspended provision whose separa-
tion or retirement date, but for the suspension, would have
been before the date of the termination of the suspension
or within 90 days of the date of such termination.’’.
(b) SECTION 123 STOP-LOSS AUTHORITY.—Section
123 of such title is amended by adding at the end the
following new subsection:
105
‘‘(d) Upon the termination of a suspension made
under the authority of subsection (a) of a provision of law
otherwise requiring the separation or retirement of officers
on active duty because of age, length of service or length
of service in grade, or failure of selection for promotion,
the Secretary concerned shall extend by up to 90 days the
otherwise required separation or retirement date of any
officer covered by the suspended provision whose separa-
tion or retirement date, but for the suspension, would have
been before the date of the termination of the suspension
or within 90 days of the date of such termination.’’.
SEC. 507. CLARIFICATION OF DISABILITY SEVERANCE PAY
COMPUTATION.
(a) CLARIFICATION.—Section 1212(a)(2) of title 10,
United States Code, is amended by striking ‘‘for pro-
motion’’ in subparagraph (C) and the first place it appears
in subparagraph (D).
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to members sepa-
rated under section 1203 or 1206 of title 10, United
States Code, on or after date of the enactment of this Act.
SEC. 508. OFFICER IN CHARGE OF UNITED STATES NAVY
BAND.
(a) DETAIL AND GRADE.—Section 6221 of title 10,
United States Code, is amended to read as follows:
106
§ 6221. United States Navy Band; officer in charge
‘‘(a) There is a Navy band known as the United
States Navy Band.
‘‘(b) An officer of the Navy designated for limited
duty under section 5589 or 5596 of this title who is serv-
ing in a grade not below lieutenant commander may be
detailed by the Secretary of the Navy as Officer in Charge
of the United States Navy Band. While so serving, an offi-
cer so detailed shall hold the grade of captain if rec-
ommended by the Secretary of the Navy for appointment
to that grade and appointed to that grade by the Presi-
dent, by and with the advice and consent of the Senate.
Such an appointment may be made notwithstanding sec-
tion 5596(d) of this title.’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 6221 in the table of sections at the beginning of
chapter 565 of such title is amended to read as follows:
‘‘6221. United States Navy Band; officer in charge.’’.
SEC. 509. ONE-YEAR EXTENSION OF EXPIRATION DATE FOR
CERTAIN FORCE MANAGEMENT AUTHORI-
TIES.
(a) EARLY RETIREMENT AUTHORITY FOR ACTIVE
FORCE MEMBERS.—Section 4403(i) of the National De-
fense Authorization Act for Fiscal Year 1993 (10 U.S.C.
1293 note) is amended by striking ‘‘December 31, 2001’’
and inserting ‘‘December 31, 2002’’.
107
(b) SSB 
AND
VSI.—Sections 1174a(h)(1) and
1175(d)(3) of title 10, United States Code, are amended
by striking ‘‘December 31, 2001’’ and inserting ‘‘Decem-
ber 31, 2002’’.
(c) SELECTIVE EARLY RETIREMENT BOARDS.—Sec-
tion 638a(a) of such title is amended by striking ‘‘Decem-
ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.
(d) TIME-IN-GRADE REQUIREMENT FOR RETENTION
OF GRADE UPON VOLUNTARY RETIREMENT.—Section
1370 of such title is amended by striking ‘‘December 31,
2001’’ in subsections (a)(2)(A) and (d)(5) and inserting
‘‘December 31, 2002’’.
(e) MINIMUM COMMISSIONED SERVICE
FOR VOL-
UNTARY
RETIREMENT
AS
AN
OFFICER.—Sections
3911(b), 6323(a)(2), and 8911(b) of such title are amend-
ed by striking ‘‘December 31, 2001’’ and inserting ‘‘De-
cember 31, 2002’’.
(f) TRAVEL, TRANSPORTATION, AND STORAGE BEN-
EFITS.—Sections 
404(c)(1)(C), 
404(f)(2)(B)(v),
406(a)(2)(B)(v), and 406(g)(1)(C) of title 37, United
States Code, and section 503(c)(1) of the National De-
fense Authorization Act for Fiscal Year 1991 (37 U.S.C.
406 note) are amended by striking ‘‘December 31, 2001’’
and inserting ‘‘December 31, 2002’’.
108
(g) EDUCATIONAL LEAVE FOR PUBLIC AND COMMU-
NITY SERVICE.—Section 4463(f) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143a
note) is amended by striking ‘‘December 31, 2001’’ and
inserting ‘‘December 31, 2002’’.
(h) 
TRANSITIONAL
HEALTH
BENEFITS.—Sub-
sections (a)(1), (c)(1), and (e) of section 1145 of title 10,
United States Code, are amended by striking ‘‘December
31, 2001’’ and inserting ‘‘December 31, 2002’’.
(i) TRANSITIONAL COMMISSARY
AND EXCHANGE
BENEFITS.—Section 1146 of such title is amended by
striking ‘‘December 31, 2001’’ both places it appears and
inserting ‘‘December 31, 2002’’.
(j) TRANSITIONAL USE OF MILITARY HOUSING.—
Paragraphs (1) and (2) of section 1147(a) of such title
are amended by striking ‘‘December 31, 2001’’ and insert-
ing ‘‘December 31, 2002’’.
(k) CONTINUED ENROLLMENT OF DEPENDENTS IN
DEFENSE DEPENDENTS’ EDUCATION SYSTEM.—Section
1407(c)(1) of the Defense Dependents’ Education Act of
1978 (20 U.S.C. 926(c)(1)) is amended by striking ‘‘De-
cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
(l) FORCE REDUCTION TRANSITION PERIOD DE-
FINED FOR CERTAIN GUARD AND RESERVE BENEFITS.—
Section 4411 of the National Defense Authorization Act
109
for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended
by striking ‘‘December 31, 2001’’ and inserting ‘‘Decem-
ber 31, 2002’’.
(m) RETIRED PAY FOR NON-REGULAR SERVICE.—
Sections 12731(f) and 12731a(b) of title 10, United
States Code, are amended by striking ‘‘December 31,
2001’’ and inserting ‘‘December 31, 2002’’.
(n) AFFILIATION
WITH
GUARD
AND
RESERVE
UNITS; WAIVER
OF
CERTAIN
LIMITATIONS.—Section
1150(a) of such title is amended by striking ‘‘December
31, 2001’’ and inserting ‘‘December 31, 2002’’.
(o) RESERVE
MONTGOMERY
GI BILL.—Section
16133(b)(1)(B) of such title is amended by striking ‘‘De-
cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
Subtitle B—Reserve Component
Personnel Policy
SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN
RESERVE OFFICERS ON ACTIVE DUTY FOR A
PERIOD OF THREE YEARS OR LESS.
(a) 
CLARIFICATION
OF
EXEMPTION.—Section
641(1)(D) of title 10, United States Code, is amended to
read as follows:
‘‘(D) 
on 
active 
duty 
under 
section
12301(d) of this title, other than as provided
under subparagraph (C), if the call or order to
110
active duty, under regulations prescribed by the
Secretary concerned, specifies a period of three
years or less and continued placement on the
reserve active-status list;’’.
(b) RETROACTIVE APPLICATION.—(1) The Secretary
of the military department concerned may provide that an
officer who was excluded from the active-duty list under
section 641(1)(D) of title 10, United States Code, as
amended by section 521 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–
108), shall be considered to have been on the active-duty
list during the period beginning on the date on which the
officer was so excluded and ending on the date of the en-
actment of this Act.
(2) The Secretary of the military department con-
cerned may provide that a Reserve officer who was placed
on the active-duty list on or after October 30, 1997, shall
be placed on the reserve active-status list if the officer oth-
erwise meets the conditions specified in section 641(1)(D)
of title 10, United States Code, as amended by subsection
(a).
111
SEC. 512. EXPANDED APPLICATION OF RESERVE SPECIAL
SELECTION BOARDS.
(a) SPECIAL SELECTION BOARD FOR BELOW-THE-
ZONE
CONSIDERATION.—Section 14502 of title 10,
United States Code, is amended—
(1) in subsection (a)(1), by striking ‘‘from in or
above the promotion zone’’;
(2) in subsection (a)(3), by inserting ‘‘for selec-
tion for promotion from in or above the promotion
zone’’ after ‘‘for consideration’’; and
(3) in subsection (b)(1), by striking ‘‘from in or
above the promotion zone’’.
(b) TECHNICAL AMENDMENT.—Subsection (b)(1) of
such section is amended by striking ‘‘under this chapter
by a selection board’’ and inserting ‘‘by a promotion board
convened under section 14101(a) of this title’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to any Reserve officer who was
not considered for promotion because of administrative
error, or was considered for promotion but not selected
because of material error, under part III of subtitle E of
title 10, United States Code, on or after October 1, 1996.
112
SEC. 513. EXCEPTION TO BACCALAUREATE DEGREE RE-
QUIREMENT FOR APPOINTMENT OF RESERVE
OFFICERS TO GRADES ABOVE FIRST LIEU-
TENANT.
Section 12205(b) of title 10, United States Code, is
amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4):
‘‘(4) The appointment to a grade in the Army
Reserve of a person whose original appointment as
an officer in the Army Reserve was through the Of-
ficer Candidate School program and who imme-
diately before that original appointment was an en-
listed member on active duty.’’.
SEC. 514. IMPROVED DISABILITY BENEFITS FOR CERTAIN
RESERVE COMPONENT MEMBERS.
(a) 
MEDICAL
AND
DENTAL
CARE.—Sections
1074a(a)(3) and 1076(a)(2)(C) of title 10, United States
Code, are each amended by striking ‘‘, if the’’ and all that
follows through ‘‘member’s residence’’.
(b) ELIGIBILITY FOR DISABILITY RETIREMENT OR
SEPARATION.—Sections 
1204(2)(B)(iii) 
and
1206(2)(B)(iii) of title 10, United States Code, are each
113
amended by striking ‘‘, if the’’ and all that follows through
‘‘member’s residence’’.
(c) RECOVERY, CARE, AND DISPOSITION
OF RE-
MAINS.—Section 1481(a)(2)(D) of title 10, United States
Code, is amended by striking ‘‘, if the site is outside rea-
sonable commuting distance from the member’s resi-
dence’’.
(d) PAY.—Sections 204(g)(1)(D), 204(h)(1)(D), and
206(a)(3)(C) of title 37, United States Code, are each
amended by striking ‘‘, if the site is outside reasonable
commuting distance from the member’s residence’’.
SEC. 515. TIME-IN-GRADE REQUIREMENT FOR RESERVE
COMPONENT OFFICERS WITH A NONSERVICE
CONNECTED DISABILITY.
Section 1370(d)(3)(B) of title 10, United States
Code, is amended to read as follows:
‘‘(B) A person covered by subparagraph (A) who has
completed at least six months of satisfactory service in
grade may be credited with satisfactory service in the
grade in which serving at the time of transfer or dis-
charge, notwithstanding failure of the person to complete
three years of service in that grade, if that person—
‘‘(i) is transferred from an active status or dis-
charged as a reserve commissioned officer solely due
to the requirements of a nondiscretionary provision
114
of law requiring that transfer or discharge due to
the person’s age or years of service; or
‘‘(ii) is retired under chapter 1223 of this title
because the person no longer meets the qualification
for membership in the Ready Reserve solely because
of a physical disability, as determined, at a min-
imum, by a medical evaluation board.’’.
SEC. 516. RESERVE MEMBERS CONSIDERED TO BE DE-
PLOYED 
FOR 
PURPOSES 
OF 
PERSONNEL
TEMPO MANAGEMENT.
Section 991(b) of title 10, United States Code, is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘active’’ before ‘‘service’’;
and
(B) by adding at the end the following:
‘‘For the purpose of applying the preceding sen-
tence to a member of a reserve component per-
forming active service, the housing in which the
member resides when on garrison duty at the
member’s permanent duty station or homeport,
as the case may be, shall be considered to be
either the housing the member normally occu-
pies when on garrison duty or the member’s
permanent civilian residence.’’;
115
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(4) in paragraph (3) (as so redesignated), by
striking ‘‘in paragraphs (1) and (2)’’ and inserting
‘‘in paragraph (1)’’.
SEC. 517. FUNERAL HONORS DUTY PERFORMED BY RE-
SERVE AND GUARD MEMBERS TO BE TREAT-
ED AS INACTIVE-DUTY TRAINING FOR CER-
TAIN PURPOSES.
(a) RESERVE MEMBERS.—Section 12503(a) of title
10, United States Code, is amended by adding at the end
the following new sentence: ‘‘Performance of funeral hon-
ors duty by a Reserve not on active duty shall be treated
as inactive-duty training (including with respect to travel
to and from such duty) for purposes of any provision of
law other than sections 206 and 435 of title 37.’’.
(b) NATIONAL GUARD MEMBERS.—Section 115(a) of
title 32, United States Code, is amended by adding at the
end the following new sentence: ‘‘Performance of funeral
honors duty by such a member not on active duty or full-
time National Guard duty shall be treated as inactive-duty
training (including with respect to travel to and from such
duty) for purposes of any provision of law other than sec-
tions 206 and 435 of title 37.’’.
116
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to funeral honors duty performed
on or after October 30, 2000.
SEC. 518. MEMBERS OF THE NATIONAL GUARD PER-
FORMING FUNERAL HONORS DUTY WHILE IN
NON-FEDERAL STATUS.
Section 1491(b) of title 10, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(3) A member of the Army National Guard of the
United States or the Air National Guard of the United
States who serves as a member of a funeral honors detail
while in a duty status authorized under State law shall
be considered to be a member of the armed forces for the
purposes of the first sentence of paragraph (2).’’.
SEC. 519. USE OF MILITARY LEAVE FOR FUNERAL HONORS
DUTY BY RESERVE MEMBERS AND NATIONAL
GUARDSMEN.
Section 6323(a)(1) of title 5, United States Code, is
amended by inserting ‘‘funeral honors duty (as described
in section 12503 of title 10 and section 115 of title 32),’’
after ‘‘(as defined in section 101 of title 37),’’.
117
SEC. 520. PREPARATION FOR, PARTICIPATION IN, AND CON-
DUCT OF ATHLETIC COMPETITIONS BY THE
NATIONAL GUARD AND MEMBERS OF THE NA-
TIONAL GUARD.
(a) ATHLETIC AND SMALL ARMS COMPETITIONS.—
Section 504 of title 32, United States Code, is amended
by adding at the end the following new subsection:
‘‘(c) CONDUCT OF AND PARTICIPATION IN CERTAIN
COMPETITIONS.—(1) Under regulations prescribed by the
Secretary of Defense, members and units of the National
Guard may conduct and compete in a qualifying athletic
competition or a small arms competition so long as—
‘‘(A) the conduct of, or participation in, the
competition does not adversely affect the quality of
training or otherwise interfere with the ability of a
member or unit of the National Guard to perform
the military functions of the member or unit;
‘‘(B) National Guard personnel will enhance
their military skills as a result of conducting or par-
ticipating in the competition; and
‘‘(C) the conduct of or participation in the com-
petition will not result in a significant increase in
National Guard costs.
‘‘(2) Facilities and equipment of the National Guard,
including military property and vehicles described in sec-
tion 508(c) of this title, may be used in connection with
118
the conduct of or participation in a qualifying athletic
competition or a small arms competition under paragraph
(1).’’.
(b) OTHER
MATTERS.—Such section is further
amended by adding after subsection (c), as added by sub-
section (a) of this section, the following new subsections:
‘‘(d) AVAILABILITY OF FUNDS.—(1) Subject to para-
graph (2) and such limitations as may be enacted in ap-
propriations Acts and such regulations as the Secretary
of Defense may prescribe, amounts appropriated for the
National Guard may be used to cover—
‘‘(A) the costs of conducting or participating in
a qualifying athletic competition or a small arms
competition under subsection (c); and
‘‘(B) the expenses of members of the National
Guard under subsection (a)(3), including expenses of
attendance and participation fees, travel, per diem,
clothing, equipment, and related expenses.
‘‘(2) Not more than $2,500,000 may be obligated or
expended in any fiscal year under subsection (c).
‘‘(e) QUALIFYING
ATHLETIC
COMPETITION
DE-
FINED.—In this section, the term ‘qualifying athletic com-
petition’ means a competition in athletic events that re-
quire skills relevant to military duties or involve aspects
of physical fitness that are evaluated by the armed forces
119
in determining whether a member of the National Guard
is fit for military duty.’’.
(c) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a), by inserting ‘‘AUTHOR-
IZED ACTIVITIES.—’’ after ‘‘(a)’’; and
(2) in subsection (b), by inserting ‘‘AUTHOR-
IZED LOCATIONS.—’’ after ‘‘(b)’’.
(d) CONFORMING AND CLERICAL AMENDMENTS.—
(1) Subsection (a) of such section is amended—
(A) in paragraph (1), by inserting ‘‘and’’ after
the semicolon;
(B) in paragraph (2), by striking ‘‘; or’’ and in-
serting a period; and
(C) by striking paragraph (3).
(2) The heading of such section is amended to read
as follows:
‘‘§ 504. National Guard schools; small arms competi-
tions; athletic competitions’’.
(3) The item relating to section 504 in the table of
sections at the beginning of chapter 5 of title 10, United
States Code, is amended to read as follows:
‘‘504. National Guard schools; small arms competitions; athletic competitions.’’.
120
Subtitle C—Joint Specialty Officers
and Joint Professional Military
Education
SEC. 521. NOMINATIONS FOR JOINT SPECIALTY.
Paragraph (2) of section 661(b) of title 10, United
States Code, is amended by striking ‘‘The Secretaries’’
and all that follows through ‘‘officers—’’ and inserting
‘‘Each officer on the active-duty list on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2002 who has not before that date been nomi-
nated for the joint specialty by the Secretary of a military
department, and each officer who is placed on the active-
duty list after such date, who meets the requirements of
subsection (c) shall automatically be considered to have
been nominated for the joint specialty. From among those
officers considered to be nominated for the joint specialty,
the Secretary may select for the joint specialty only offi-
cers—’’.
SEC. 522. JOINT DUTY CREDIT.
Paragraph (4) of section 664(i) of title 10, United
States Code, is amended—
(1) in subparagraph (E), by striking ‘‘The’’ and
inserting ‘‘Except as provided in subparagraph (F),
the’’; and
121
(2) by adding at the end the following new sub-
paragraph:
‘‘(F) Service in a temporary joint task force as-
signment not involved in combat or combat-related
operations may not be credited for the purposes of
joint duty, unless, and only if—
‘‘(i) the service of the officer and the na-
ture of the joint task force not only meet all cri-
teria of this section, except subparagraph (E),
but also any additional criteria the Secretary
may establish;
‘‘(ii) the Secretary has specifically ap-
proved the operation conducted by the joint
task force as one that qualifies for joint service
credit, and notifies Congress upon each ap-
proval, providing the criteria that led to that
approval; and
‘‘(iii) the operation is conducted by the
joint task force in an environment where an ex-
tremely fragile state of peace and high potential
for hostilities coexist.’’.
SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY
IN CERTAIN JOINT TASK FORCES.
(a) AUTHORITY.—In accordance with section 664(i)
of title 10, United States Code, as amended by section
122
522, the Secretary of Defense may award joint service
credit to any officer who served on the staff of a United
States joint task force headquarters in an operation and
during the period set forth in subsection (b) and who
meets the criteria specified in such section. To determine
which officers qualify for such retroactive credit, the Sec-
retary shall undertake a case-by-case review of the records
of officers.
(b) ELIGIBLE OPERATIONS.—Service in the following
operations, during the specified periods, may be counted
for credit under subsection (a):
(1) Operation Northern Watch, during the pe-
riod beginning on August 1, 1992, and ending on a
date to be determined.
(2) Operation Southern Watch, during the pe-
riod beginning on August 27, 1992, and ending on
a date to be determined.
(3) Operation Able Sentry, during the period
beginning on June 26, 1993, and ending on Feb-
ruary 28, 1999.
(4) Operation Joint Endeavor, during the pe-
riod beginning on December 25, 1995, and ending
on December 19, 1996.
123
(5) Operation Joint Guard, during the period
beginning on December 20, 1996, and ending on
June 20, 1998.
(6) Operation Desert Thunder, beginning on
January 24, 1998, and ending on December 15,
1998.
(7) Operation Joint Forge, beginning on June
20, 1998, and ending on June 10, 1999.
(8) Operation Noble Anvil, beginning on March
24, 1999, and ending on July 20, 1999.
(9) Operation Joint Guardian, beginning on
June 11, 1999, and ending on a date to be deter-
mined.
(c) REPORT.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report of the numbers, by serv-
ice, grade, and operation, of the officers given joint service
credit in accordance with this section.
SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFI-
CER MANAGEMENT.
Section 667 of title 10, United States Code, is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
124
(B) by adding at the end the following new
subparagraph:
‘‘(B) The number of officers who meet the cri-
teria for selection for the joint specialty but were not
selected, together with the reasons why.’’;
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) The number of officers with the joint spe-
cialty, shown by grade and branch or specialty and
by education.’’;
(3) in paragraph (3)—
(A) in subparagraph (A) and (B), by strik-
ing ‘‘nominated’’ and inserting ‘‘selected’’;
(B) by inserting ‘‘and’’ at the end of sub-
paragraph (D);
(C) by striking subparagraph (E); and
(D) by redesignating subparagraph (F) as
subparagraph (E);
(4) in paragraph (4)(A), by striking ‘‘nomi-
nated’’ and inserting ‘‘selected’’;
(5) in paragraph (14)—
(A) by inserting ‘‘(A)’’ after ‘‘(14)’’; and
(B) by adding at the end the following new
subparagraph:
125
‘‘(B) An assessment of the extent to which the
Secretary of each military department is assigning
personnel to joint duty assignments in accordance
with this chapter and the policies, procedures, and
practices established by the Secretary of Defense
under section 661(a) of this title.’’; and
(6) in paragraph (16), by striking ‘‘section
664(i)’’ in the matter preceding subparagraph (A)
and in subparagraph (B) and inserting ‘‘subpara-
graphs (E) and (F) of section 664(i)(4)’’.
SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPE-
CIALTY BEFORE PROMOTION TO GENERAL
OR FLAG OFFICER GRADE.
(a) REQUIREMENT.—Subsection (a) of section 619a
of title 10, United States Code, is amended by striking
‘‘unless’’ and all that follows and inserting ‘‘unless—
‘‘(1) the officer has completed a full tour of
duty in a joint duty assignment (as described in sec-
tion 664(f) of this title); and
‘‘(2) for appointments after September 30,
2007, the officer has been selected for the joint spe-
cialty in accordance with section 661 of this title.’’.
(b) WAIVER AUTHORITY.—Subsection (b) of that sec-
tion is amended by striking ‘‘may waive subsection (a) in
the following circumstances:’’ and inserting ‘‘may waive
126
paragraph (1) or paragraph (2) of subsection (a), or both
paragraphs (1) and (2) of subsection (a), in the following
circumstances (except that paragraph (2) of subsection (a)
may not be waived by reason of paragraph (4)):’’.
(c) PROPOSED LEGISLATIVE CHANGES.—Not later
than December 1, 2002, the Secretary of Defense shall
submit to Congress a draft proposal for such legislative
changes as the Secretary considers needed to implement
the amendment made by subsections (a) and (b).
SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MAN-
AGEMENT AND JOINT PROFESSIONAL MILI-
TARY EDUCATION REFORMS.
(a) STUDY.—The Secretary of Defense shall provide
for an independent study of the joint officer management
system and the joint professional military education sys-
tem. The Secretary shall ensure that the entity conducting
the study is provided such information and support as re-
quired. The Secretary shall include in the contract for the
study a requirement that the entity conducting the study
submit a report to Congress on the study not later than
June 30, 2002.
(b) MATTERS TO BE INCLUDED WITH RESPECT TO
JOINT OFFICER MANAGEMENT.—With respect to the joint
officer management system, the entity conducting the
independent study shall provide for the following:
127
(1) Assessment of implications for joint officer
education, development, and management that would
result from proposed joint organizational operational
concepts (such as standing joint task forces) and
from emerging officer management and personnel
reforms (such as longer careers and more stabiliza-
tion), that are under consideration by the Secretary
of Defense.
(2) Assessment of the effectiveness of the cur-
rent joint officer management system to develop and
use joint specialty qualified officers in meeting both
current and future requirements for joint specialty
officers.
(3) Recommendations, based on empirical and
other data, to improve the effectiveness of the joint
officer management system, especially with regard to
the following:
(A) The proper mix and sequencing of edu-
cation assignments and experience assignments
(to include, with respect to both types of assign-
ments, consideration of the type and quality,
and the length, of such assignments) to qualify
an officer as a joint specialty officer, as well as
the implications of adopting a variable joint
duty tour length and the advisability and impli-
128
cations of a system of qualifying officers as
joint specialty officers that uses multiple short-
er qualification tracks to selection as a joint
specialty officer than are now codified.
(B) The system of using joint specialty of-
ficers, including the continued utility of such
measures as—
(i) the required fill of positions on the
joint duty assignment list, as specified in
paragraphs (1) and (4) of section 661(d)
of title 10, United States Code;
(ii) the fill by such officers of a re-
quired number of critical billets, as pre-
scribed by section 661(d)(2) of such title;
(iii) the mandated fill by general and
flag officers of a minimum number of crit-
ical billets, as prescribed by section
661(d)(3) of such title; and
(iv) current promotion policy objec-
tives for officers with the joint specialty,
officers serving on the Joint Staff, and of-
ficers serving in joint duty assignment list
positions, as prescribed by section 662 of
such title.
129
(C) Changes in policy and law required to
provide officers the required joint specialty
qualification before promotion to general or flag
officer grade.
(D) A determination of the number of re-
serve component officers who would be qualified
for designation as a joint specialty officer by
reason of experience or education if the stand-
ards of existing law, including waiver authori-
ties, were applied to them, and recommenda-
tions for a process for qualifying and employing
future reserve component officers as joint spe-
cialty officers.
(c) MATTERS TO BE INCLUDED WITH RESPECT TO
JOINT PROFESSIONAL MILITARY EDUCATION.—With re-
spect to the joint professional military education system,
the entity conducting the independent study shall provide
for the following:
(1) The number of officers who under the cur-
rent system (A) qualified as joint specialty officers
by attending joint professional military education
programs before their first joint duty assignment,
(B) qualified as joint specialty officers after arriving
at their first joint duty assignment but before com-
pleting that assignment, and (C) qualified as joint
130
specialty officers without any joint professional mili-
tary education.
(2) Recommended initiatives (include changes
in officer personnel management law, if necessary)
to provide incentives and otherwise facilitate attend-
ance at joint professional military education pro-
grams before an officer’s first joint duty assignment.
(3) Recommended goals for attendance at the
Joint Forces Staff College en route to a first joint
duty assignment.
(4) An assessment of the continuing utility of
statutory requirements for use of officers following
joint professional military education, as prescribed
by section 662(d) of title 10, United States Code.
(5) Determination of whether joint professional
military education programs should remain prin-
cipally an in-resident, multi-service experience and
what role non-resident or distributive learning can or
should play in future joint professional military edu-
cation programs.
(6) Examination of options for the length of
and increased capacity at Joint Forces Staff College,
and whether other in-resident joint professional mili-
tary education sources should be opened, and if
opened, how they might be properly accredited and
131
overseen to provide instruction at the level of the
program designated as ’’joint professional military
education’’.
(d) CHAIRMAN OF JOINT CHIEFS OF STAFF.—With
respect to the roles of the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, the entity con-
ducting the independent study shall—
(1) provide for an evaluation of the current
roles of the Secretary of Defense, the Chairman of
the Joint Chiefs of Staff, and joint staff in law, pol-
icy, and implementation with regard to establishing
and maintaining oversight of joint officer manage-
ment, career guidelines, and joint professional mili-
tary education; and
(2) make recommendations to improve and
strengthen those roles.
(e) REQUIREMENTS FOR STUDY ENTITY.—In pro-
viding for the independent study required by subsection
(a), the Secretary of Defense shall ensure that the entity
conducting the study—
(1) is not a Department of Defense organiza-
tion; and
(2) shall, at a minimum, involve in the study,
in an integral way, the following persons:
132
(A) The Chairman of the Joint Chiefs of
Staff and available former Chairmen of the
Joint Chiefs of Staff.
(B) Members and former members of the
Joint Staff, the Armed Forces, the Congress,
and congressional staff who are or who have
been significantly involved in the development,
implementation, or modification of joint officer
management and joint professional military
education.
(C) Experts in joint officer management
and education from civilian academic and re-
search centers.
SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION.
(a) EXECUTIVE AGENT FOR FUNDING.—(1) Effec-
tive beginning with fiscal year 2003, the Secretary of De-
fense shall be the executive agent for funding professional
development education operations of all components of the
National Defense University, including the Joint Forces
Staff College. The Secretary may not delegate the Sec-
retary’s functions and responsibilities under the preceding
sentence to the Secretary of a military department.
(2) Nothing in this subsection affects policies in ef-
fect on the date of the enactment of this Act with respect
to—
133
(A) the reporting of the President of the Na-
tional Defense University to the Chairman of the
Joint Chiefs of Staff; or
(B) provision of logistical and base operations
support for components of the National Defense
University by the military departments.
(b) PREPARATION OF BUDGET REQUESTS.—Section
2162(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(2) As executive agent for funding professional de-
velopment education at the National Defense University,
including the Joint Forces Staff College, the Secretary of
Defense, with the advice of the Chairman of the Joint
Chiefs of Staff, shall prepare the annual budget for profes-
sional development education operations at the National
Defense University and set forth that request as a sepa-
rate budget request in the materials submitted to Con-
gress in support of the budget request for the Department
of Defense. Nothing in the preceding sentence affects poli-
cies in effect on the date of the enactment of this para-
graph with respect to budgeting for the funding of
logistical and base operations support for components of
134
the National Defense University through the military de-
partments.’’.
(c) FUNDING SOURCE.—(1) Section 2165 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(d) SOURCE OF FUNDS FOR PROFESSIONAL DEVEL-
OPMENT EDUCATION OPERATIONS.—Funding for the pro-
fessional development education operations of the National
Defense University shall be provided from funds made
available to the Secretary of Defense from the annual ap-
propriation ‘Operation and Maintenance, Defense-wide’.’’.
(2) Subsection (d) of section 2165 of title 10, United
States Code, as added by paragraph (1), shall become ef-
fective beginning with fiscal year 2003.
SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVER-
SITY TO ENROLL CERTAIN PRIVATE SECTOR
CIVILIANS.
(a) IN GENERAL.—(1) Chapter 108 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2167. National Defense University: admission of
private sector civilians to professional
military education program
‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of
Defense may permit eligible private sector employees who
135
work in organizations relevant to national security to re-
ceive instruction at the National Defense University in ac-
cordance with this section. No more than 10 full-time
equivalent private sector employees may be enrolled at any
one time. Upon successful completion of the course of in-
struction in which enrolled, any such private sector em-
ployee may be awarded an appropriate diploma or degree
under section 2165 of this title.
‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For
purposes of this section, an eligible private sector employee
is an individual employed by a private firm that is engaged
in providing to the Department of Defense or other Gov-
ernment departments or agencies significant and substan-
tial defense-related systems, products, or services or whose
work product is relevant to national security policy or
strategy. A private sector employee admitted for instruc-
tion at the National Defense University remains eligible
for such instruction only so long as that person remains
employed by the same firm.
‘‘(c) ANNUAL CERTIFICATION BY SECRETARY OF DE-
FENSE.—Private sector employees may receive instruction
at the National Defense University during any academic
year only if, before the start of that academic year, the
Secretary of Defense determines, and certifies to the Com-
mittee on Armed Services of the Senate and the Com-
136
mittee on Armed Services of the House of Representatives,
that providing instruction to private sector employees
under this section during that year will further national
security interests of the United States.
‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of
Defense shall ensure that—
‘‘(1) the curriculum for the professional mili-
tary education program in which private sector em-
ployees may be enrolled under this section is not
readily available through other schools and con-
centrates on national security relevant issues; and
‘‘(2) the course offerings at the National De-
fense University continue to be determined solely by
the needs of the Department of Defense.
‘‘(e) TUITION.—The President of the National De-
fense University shall charge students enrolled under this
section a rate—
‘‘(1) that is at least the rate charged for em-
ployees of the United States outside the Department
of Defense, less infrastructure costs, and
‘‘(2) that considers the value to the school and
course of the private sector student.
‘‘(f) STANDARDS OF CONDUCT.—While receiving in-
struction at the National Defense University, students en-
rolled under this section, to the extent practicable, are
137
subject to the same regulations governing academic per-
formance, attendance, norms of behavior, and enrollment
as apply to Government civilian employees receiving in-
struction at the university.
‘‘(g) USE OF FUNDS.—Amounts received by the Na-
tional Defense University for instruction of students en-
rolled under this section shall be retained by the university
to defray the costs of such instruction. The source, and
the disposition, of such funds shall be specifically identi-
fied in records of the university.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2167. National Defense University: admission of private sector civilians to pro-
fessional military education program.’’.
(b) EFFECTIVE DATE.—Section 2167 of title 10,
United States Code, as added by subsection (a), shall take
effect on January 1, 2002.
SEC. 529. CONTINUATION OF RESERVE COMPONENT PRO-
FESSIONAL MILITARY EDUCATION TEST.
(a) 
CONTINUATION
OF
CONCEPT
VALIDATION
TEST.—During fiscal year 2002, the Secretary of Defense
shall continue the concept validation test of Reserve com-
ponent joint professional military education that was
begun in fiscal year 2001 at the National Defense Univer-
sity.
138
(b) PILOT PROGRAM.—If the Secretary of Defense
determines that the results of the concept validation test
referred to in subsection (a) warrant conducting a pilot
program of the concept that was the subject of the test,
the Secretary shall conduct such a pilot program during
fiscal year 2003.
(c) FUNDING.—The Secretary shall provide funds for
the concept validation test under subsection (a) and for
any pilot program under subsection (b) from funds appro-
priated to the Secretary of Defense in addition those ap-
propriated for operations of the National Defense Univer-
sity.
Subtitle D—Military Education and
Training
SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN-
GUAGE CENTER.
(a) AUTHORITY TO CONFER ASSOCIATE OF ARTS
DEGREE.—Chapter 108 of title 10, United States Code,
is amended by adding after section 2167, as added by sec-
tion 528(a)(1), the following new section:
‘‘§ 2168. Defense Language Institute Foreign Lan-
guage Center: degree of Associate of Arts
in foreign language
‘‘(a) Subject to subsection (b), the Commandant of
the Defense Language Institute may confer an Associate
139
of Arts degree in a foreign language upon any graduate
of the Foreign Language Center of the Institute who ful-
fills the requirements for that degree.
‘‘(b) A degree may be conferred upon a student under
this section only if the Provost of the Center certifies to
the Commandant that the student has satisfied all the re-
quirements prescribed for the degree.
‘‘(c) The authority provided by subsection (a) shall
be exercised under regulations prescribed by the Secretary
of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
after the item relating to section 2167, as added by section
528(a)(2), the following new item:
‘‘2168. Defense Language Institute Foreign Language Center: degree of Asso-
ciate of Arts in foreign language.’’.
SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVER-
SITY TO AWARD DEGREE OF MASTER OF
STRATEGIC STUDIES.
(a) MARINE CORPS WAR COLLEGE DEGREE.—Sec-
tion 7102 of title 10, United States Code, is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the fol-
lowing new subsection (b):
140
‘‘(b) MARINE CORPS WAR COLLEGE.—Upon the rec-
ommendation of the Director and faculty of the Marine
Corps War College of the Marine Corps University, the
President of the Marine Corps University may confer the
degree of master of strategic studies upon graduates of
the Marine Corps War College who fulfill the requirements
for that degree.’’.
(b) CONFORMING AMENDMENTS.—(1) Subsection (a)
of such section is amended by striking ‘‘upon graduates’’
and all that follows and inserting ‘‘upon graduates of the
Command and Staff College who fulfill the requirements
for that degree.’’.
(2) Subsection (c) of such section, as redesignated by
subsection (a)(1), is amended by striking ‘‘subsection (a)’’
and inserting ‘‘subsections (a) and (b)’’.
(3)(A) The heading of such section is amended to
read as follows:
‘‘§ 7102. Marine Corps University: masters degrees;
board of advisors’’.
(B) The item relating to such section in the table of
sections at the beginning of chapter 609 of such title is
amended to read as follows:
‘‘7102. Marine Corps University: masters degrees; board of advisors.’’.
(c) CODIFICATION OF REQUIREMENT FOR BOARD OF
ADVISORS.—(1) Section 7102 of title 10, United States
Code, as amended by subsections (a) and (b), is further
141
amended by adding at the end the following new sub-
section:
‘‘(d) BOARD OF ADVISORS.—The Secretary of the
Navy shall establish a board of advisors for the Marine
Corps University. The Secretary shall ensure that the
board is established so as to meet all requirements of the
appropriate regional accrediting association.’’.
(2) Section 912 of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337; 10
U.S.C. 7102 note) is repealed.
(d) EFFECTIVE DATE.—The authority to confer the
degree of master of strategic studies under section
7102(b) of title 10, United States Code (as added by sub-
section (a)) may not be exercised until the Secretary of
Education determines, and certifies to the President of the
Marine Corps University, that the requirements estab-
lished by the Marine Corps War College of the Marine
Corps University for that degree are in accordance with
generally applicable requirements for a degree of master
of arts. Upon receipt of such a certification, the President
of the University shall promptly transmit a copy of the
certification to the Committee on Armed Services of the
Senate and Committee on Armed Services of the House
of Representatives.
142
SEC. 533. INCREASE IN NUMBER OF FOREIGN STUDENTS
AUTHORIZED TO BE ADMITTED TO THE SERV-
ICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—(1) Sub-
section (a)(1) of section 4344 of title 10, United States
Code, is amended by striking ‘‘40 persons’’ and inserting
‘‘60 persons’’.
(2) Subsection (b) of such section is amended—
(A) by inserting ‘‘some or all’’ in paragraph (2)
after ‘‘unless a written waiver of’’; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall
not apply with respect to any person who entered the
United States Military Academy to receive instruction
under section 4344 of title 10, United States Code, before
the date of the enactment of this Act.
(b) UNITED STATES NAVAL ACADEMY.—(1) Sub-
section (a)(1) of section 6957 of title 10, United States
Code, is amended by striking ‘‘40 persons’’ and inserting
‘‘60 persons’’.
(2) Subsection (b) of such section is amended—
(A) by inserting ‘‘some or all’’ in paragraph (2)
after ‘‘unless a written waiver of’’; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall
not apply with respect to any person who entered the
143
United States Naval Academy to receive instruction under
section 6957 of title 10, United States Code, before the
date of the enactment of this Act.
(c) UNITED STATES AIR FORCE ACADEMY.—(1)
Subsection (a)(1) of section 9344 of title 10, United
States Code, is amended by striking ‘‘40 persons’’ and in-
serting ‘‘60 persons’’.
(2) Subsection (b) of such section is amended—
(A) by inserting ‘‘some or all’’ in paragraph (2)
after ‘‘unless a written waiver of’’; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall
not apply with respect to any person who entered the
United States Air Force Academy to receive instruction
under section 9344 of title 10, United States Code, before
the date of the enactment of this Act.
SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT
AS A CADET OR MIDSHIPMAN IN SENIOR RE-
SERVE OFFICER TRAINING CORPS SCHOLAR-
SHIP PROGRAMS.
(a) GENERAL ROTC SCHOLARSHIP PROGRAM.—Sec-
tion 2107(a) of title 10, United States Code, is amended—
(1) by striking ‘‘27 years of age on June 30’’
and inserting ‘‘35 years of age on December 31’’;
and
144
(2) by striking ‘‘, except that’’ and all that fol-
lows through ‘‘on such date’’ the second place it ap-
pears.
(b) ARMY RESERVE AND ARMY NATIONAL GUARD
ROTC SCHOLARSHIP PROGRAM.—Section 2107a(a) of
such title is amended—
(1) by striking ‘‘27 years of age on June 30’’
and inserting ‘‘35 years of age on December 31’’;
and
(2) by striking ‘‘, except that’’ and all that fol-
lows through ‘‘on such date’’ the second place it ap-
pears.
SEC. 535. ACTIVE DUTY PARTICIPATION AS A CADET OR
MIDSHIPMAN IN SENIOR ROTC ADVANCED
TRAINING.
(a) SENIOR RESERVE OFFICER TRAINING CORPS.—
Section 2104(b)(3) of title 10, United States Code, is
amended by striking ‘‘a reserve component of’’ ’’.
(b) BASIC PAY.—Section 209(c) of title 37, United
States Code, is amended by inserting ‘‘unless the cadet
or midshipman is serving on active duty’’ before the period
at the end.
145
SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGA-
TION OF CERTAIN ROTC CADETS IN MILI-
TARY JUNIOR COLLEGES RECEIVING FINAN-
CIAL ASSISTANCE.
(a) AUTHORITY TO MODIFY AGREEMENTS.—Sub-
section (b) of section 2107a of title 10, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by redesignating paragraphs (1), (2), (3),
(4), (5), and (6) as subparagraphs (A), (B), (C),
(D), (E), and (F), respectively;
(3) by designating the sentence following sub-
paragraph (F), as so redesignated, as paragraph (2);
and
(4) by adding at the end the following new
paragraph:
‘‘(3) In the case of a cadet under this section at a
military junior college, the Secretary may, at any time and
with the consent of the cadet concerned, modify an agree-
ment described in paragraph (1)(F) submitted by the
cadet to reduce or eliminate the troop program unit service
obligation specified in the agreement and to establish, in
lieu of that obligation, an active duty service obligation.
Such a modification may be made only if the Secretary
determines that it is in the best interests of the United
States to do so.’’.
146
(b) RETROACTIVE APPLICATION.—The authority of
the Secretary of Defense under section 2107a(b)(3) of title
10, United States Code, as added by subsection (a), may
be exercised with regard to any agreement described in
subsection (b)(1)(F) (including agreements related to par-
ticipation in the Advanced Course of the Army Reserve
Officers’ Training Corps at a military college or civilian
institution) entered into during the period beginning on
January 1, 1991 and ending on July 12, 2000.
(c) TECHNICAL AMENDMENT.—Subsection (h) of
such section is amended by striking ‘‘military college’’ in
the second sentence and inserting ‘‘military junior col-
lege’’.
SEC. 537. MODIFICATION OF NURSE OFFICER CANDIDATE
ACCESSION PROGRAM RESTRICTION ON STU-
DENTS ATTENDING EDUCATIONAL INSTITU-
TIONS WITH SENIOR RESERVE OFFICERS’
TRAINING PROGRAMS.
Section 2130a of title 10, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘that does
not have a Senior Reserve Officers’ Training Pro-
gram established under section 2102 of this title’’;
and
147
(2) in subsection (b)(1), by inserting before the
semicolon at the end ‘‘or that has a Senior Reserve
Officers’ Training Program for which the student is
ineligible’’.
SEC. 538. REPEAL OF LIMITATION ON NUMBER OF JUNIOR
RESERVE 
OFFICERS’ 
TRAINING 
CORPS
(JROTC) UNITS.
Section 2031(a)(1) of title 10, United States Code,
is amended by striking the second sentence.
SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND
PROGRAM EXPANSION.
(a) PURPOSE OF PROGRAM.—Subsection (a) of sec-
tion 16201 of title 10, United States Code, is amended—
(1) by striking ‘‘specialties critically needed in
wartime’’;
(2) by striking ‘‘training in such specialties’’
and inserting ‘‘training that leads to a degree in
medicine or dentistry or training in a health profes-
sions specialty that is critically needed in wartime’’;
and
(3) by striking ‘‘training in certain health care
specialties’’ and inserting ‘‘health care education and
training’’.
(b) MEDICAL AND DENTAL STUDENT STIPEND.—
Such section is further amended—
148
(1) by redesignating subsections (b), (c), (d),
and (e) as subsections (c), (d), (e), and (f), respec-
tively; and
(2) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) MEDICAL AND DENTAL SCHOOL STUDENTS.—
(1) Under the stipend program under this chapter, the
Secretary of the military department concerned may enter
into an agreement with a person who—
‘‘(A) is eligible to be appointed as an officer in
a reserve component;
‘‘(B) is enrolled or has been accepted for enroll-
ment in an institution in a course of study that re-
sults in a degree in medicine or dentistry;
‘‘(C) signs an agreement that, unless sooner
separated, the person will—
‘‘(i) complete the educational phase of the
program;
‘‘(ii) accept a reappointment or redesigna-
tion within the person’s reserve component, if
tendered, based upon the person’s health pro-
fession, following satisfactory completion of the
educational and intern programs; and
‘‘(iii) participate in a residency program;
and
149
‘‘(D) if required by regulations prescribed by
the Secretary of Defense, agrees to apply for, if eli-
gible, and accept, if offered, residency training in a
health profession skill which has been designated by
the Secretary of Defense as a critically needed war-
time skill.
‘‘(2) Under the agreement—
‘‘(A) the Secretary of the military department
concerned shall agree to pay the participant a sti-
pend, in the amount determined under subsection
(f), for the period or the remainder of the period the
student is satisfactorily progressing toward a degree
in medicine or dentistry while enrolled in an accred-
ited medical or dental school;
‘‘(B) the participant shall not be eligible to re-
ceive such stipend before appointment, designation,
or assignment as an officer for service in the Ready
Reserve;
‘‘(C) the participant shall be subject to such ac-
tive duty requirements as may be specified in the
agreement and to active duty in time of war or na-
tional emergency as provided by law for members of
the Ready Reserve; and
‘‘(D) the participant shall agree to serve, upon
successful completion of the program, one year in
150
the Selected Reserve for each six months, or part
thereof, for which the stipend is provided. In the
case of a participant who enters into a subsequent
agreement under subsection (c) and successfully
completes residency training in a specialty des-
ignated by the Secretary of Defense as a specialty
critically needed by the military department in war-
time, the requirement to serve in the Selected Re-
serve may be reduced to one year for each year, or
part thereof, for which the stipend was provided
while enrolled in medical or dental school.’’.
(c) WARTIME CRITICAL SKILLS.—Subsection (c) of
such section (as redesignated by subsection (b)(1)) is
amended—
(1) by inserting ‘‘WARTIME’’ after ‘‘CRITICAL’’
in the heading; and
(2) by inserting ‘‘or has been appointed as a
medical or dental officer in the Reserve of the armed
force concerned’’ in paragraph (1)(B) before the
semicolon at the end.
(d) SERVICE OBLIGATION REQUIREMENT.—Para-
graph (2)(D) of subsection (c) of such section (as redesig-
nated by subsection (b)(1)) and paragraph (2)(D) of sub-
section (d) of such section (as so redesignated) are amend-
ed by striking ‘‘two years in the Ready Reserve for each
151
year,’’ and inserting ‘‘one year in the Ready Reserve for
each six months,’’.
(e) CROSS-REFERENCE.—Paragraph (2)(A) of sub-
section (c) of such section (as redesignated by subsection
(b)(1)) and paragraph (2)(A) of subsection (d) of such
section (as so redesignated) are amended by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’.
SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR
THE CORPS OF CADETS, UNITED STATES
MILITARY ACADEMY.
(a) AUTHORITY.—The second sentence of section
4337 of title 10, United States Code, is amended to read
as follows: ‘‘Notwithstanding any other provision of law,
the chaplain is entitled to the same basic allowance for
housing allowed to a lieutenant colonel, and to fuel and
light for quarters in kind.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the first day of the first
month beginning on or after the date of the enactment
of this Act.
152
Subtitle E—Decorations, Awards,
and Commendations
SEC. 541. AUTHORITY FOR AWARD OF THE MEDAL OF
HONOR 
TO 
HUMBERT 
R. 
VERSACE 
FOR
VALOR DURING THE VIETNAM WAR.
(a) 
WAIVER
OF
TIME
LIMITATION.—Notwith-
standing the time limitations specified in section 3744 of
title 10, United States Code, or any other time limitation
with respect to the awarding of certain medals to persons
who served in the military service, the President may
award the Medal of Honor under section 3741 of that title
to Humbert R. Versace for the acts of valor referred to
in subsection (b).
(b) ACTION DESCRIBED.—The acts of valor referred
to in subsection (a) are the actions of Humbert R. Versace
between October 29, 1963, and September 26, 1965, while
interned as a prisoner-of-war by the Vietnamese Com-
munist National Liberation Front (Viet Cong) in the Re-
public of Vietnam.
SEC. 542. REVIEW REGARDING AWARD OF MEDAL OF
HONOR TO CERTAIN JEWISH AMERICAN AND
HISPANIC AMERICAN WAR VETERANS.
(a) REVIEW REQUIRED.—The Secretary of each mili-
tary department shall review the service records of each
Jewish American war veteran or Hispanic American war
153
veteran described in subsection (b) to determine whether
that veteran should be awarded the Medal of Honor.
(b) COVERED JEWISH AMERICAN WAR VETERANS
AND HISPANIC AMERICAN WAR VETERANS.—The Jewish
American war veterans and Hispanic American war vet-
erans whose service records are to be reviewed under sub-
section (a) are the following:
(1) Any Jewish American war veteran or His-
panic American war veteran who was awarded the
Distinguished Service Cross, the Navy Cross, or the
Air Force Cross before the date of the enactment of
this Act.
(2) Any other Jewish American war veteran or
Hispanic American war veteran whose name is sub-
mitted to the Secretary concerned for such purpose
before the end of the one-year period beginning on
the date of the enactment of this Act.
(c) CONSULTATIONS.—In carrying out the review
under subsection (a), the Secretary of each military de-
partment shall consult with the Jewish War Veterans of
the United States of America and with such other veterans
service organizations as the Secretary considers appro-
priate.
(d) RECOMMENDATION BASED ON REVIEW.—If the
Secretary concerned determines, based upon the review
170
‘‘(A) within units to which are assigned, in the
aggregate, not less than 20 percent of the personnel
assigned to duty at that installation;
‘‘(B) within a representative survey of members
of the armed forces assigned to that installation and
their dependents; and
‘‘(C) within unit voting assistance officers to
measure program effectiveness.
‘‘(b) REGULAR MILITARY DEPARTMENT ASSESS-
MENTS.—The Secretary of each military department shall
include in the set of issues and programs to be reviewed
during any management effectiveness review or inspection
an assessment of compliance with the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff
et seq.) and with Department of Defense regulations re-
garding the Federal Voting Assistance Program.
‘‘(c) VOTING ASSISTANCE OFFICERS.—Voting assist-
ance officers appointed or assigned under Department of
Defense regulations regarding the Federal Voting Assist-
ance Program shall be appointed or assigned with the ex-
pectation of serving in that capacity for a minimum of
30 months. A member of the armed forces assigned to
such a position may not be assigned other duties that
would not be considered part of the member’s primary
military duties, except when a unit commander determines