235
‘‘(ii) that is estimated by the Secretary of
Defense to require an eventual total expenditure
for research, development, test, and evaluation
of more than $140,000,000 (based on fiscal
year 2000 constant dollars) or an eventual total
expenditure for procurement of more than
$660,000,000 (based on fiscal year 2000 con-
stant dollars.)
‘‘(e) TRANSFER BACK OF UNUSED TRANSFERRED
FUNDS.—If funds transferred under this section are not
used for the purposes for which transferred, such funds
shall be transferred back to the account from which trans-
ferred and shall be available for their original purpose.
‘‘(f) ADDITIONAL AUTHORITY.—The transfer author-
ity provided in this section is in addition to any other
transfer authority available to the Secretary of Defense.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2214 the following new item:
‘‘2214a. Transfer of funds: transfers from procurement accounts to research
and development accounts for major acquisition programs.’’.
(b) EFFECTIVE DATE.—Section 2214a of title 10,
United States Code, as added by subsection (a), shall not
apply with respect to funds appropriated before the date
of the enactment of this Act.
236
SEC. 1007. DEVELOPMENT AND PROCUREMENT OF FINAN-
CIAL AND NONFINANCIAL MANAGEMENT SYS-
TEMS.
(a) REPORT.—Not later than March 1, 2003, the
Secretary of Defense shall submit to the congressional de-
fense committees a report on the modernization of the De-
partment of Defense’s financial management systems and
operations. The report shall include the following:
(1) The goals and objectives of the Financial
Management Modernization Program.
(2) The acquisition strategy for that Program,
including milestones, performance metrics, and fi-
nancial and nonfinancial resource needs.
(3) A listing of all operational and develop-
mental financial and nonfinancial management sys-
tems in use by the Department, the related costs to
operate and maintain those systems during fiscal
year 2002, and the estimated cost to operate and
maintain those systems during fiscal year 2003.
(4) An estimate of the completion date of a
transition plan that will identify which of the De-
partment’s operational and developmental financial
management systems will not be part of the objec-
tive financial and nonfinancial management system
and that provides the schedule for phase out of those
legacy systems.
237
(b) LIMITATIONS.—(1) A contract described in sub-
section (c) may be entered into using funds made available
to the Department of Defense for fiscal year 2003 only
with the approval in advance in writing of the Under Sec-
retary of Defense (Comptroller).
(2) Not more than 75 percent of the funds authorized
to be appropriated in section 201(4) for research, develop-
ment, test, and evaluation for the Department of Defense
Financial Modernization Program (Program Element
65016D8Z) may be obligated until the report required by
subsection (a) is received by the congressional defense
committees.
(c) COVERED CONTRACTS.—Subsection (b)(1) ap-
plies to a contract for the procurement of any of the fol-
lowing:
(1) An enterprise architecture system.
(2) A finance or accounting system.
(3) A nonfinancial business and feeder system.
(4) An upgrade to any system specified in para-
graphs (1) through (3).
(d) DEFINITIONS.—As used in this section:
(1) FINANCIAL MANAGEMENT SYSTEM AND OP-
ERATIONS.—The term ‘‘financial management sys-
tem and operations’’ means financial, financial re-
lated, and non-financial business operations and sys-
238
tems used for acquisition programs, transportation,
travel, property, inventory, supply, medical, budget
formulation, financial reporting, and accounting.
Such term includes the automated and manual proc-
esses, procedures, controls, data, hardware, software,
and support personnel dedicated to the operations
and maintenance of system functions.
(2) FEEDER SYSTEMS.—The term ‘‘feeder sys-
tems’’ means financial portions of mixed systems.
(3) 
DEVELOPMENTAL
SYSTEMS
AND
PROJECTS.—The term ‘‘developmental systems and
projects’’ means any system that has not reached
Milestone C, as defined in the Department of De-
fense 5000–series regulations.
Subtitle B—Reports
SEC. 1011. AFTER-ACTION REPORTS ON THE CONDUCT OF
MILITARY 
OPERATIONS 
CONDUCTED 
AS
PART OF OPERATION ENDURING FREEDOM.
(a) REPORT REQUIRED.—(1) The Secretary of De-
fense shall submit to the congressional committees speci-
fied in subsection (c) two reports on the conduct of mili-
tary operations conducted as part of Operation Enduring
Freedom. The first report (which shall be an interim re-
port) shall be submitted not later than June 15, 2003.
The second report shall be submitted not later than 180
239
days after the date (as determined by the Secretary of De-
fense) of the cessation of hostilities undertaken as part
of Operation Enduring Freedom.
(2) Each report shall be prepared in consultation with
the Chairman of the Joint Chiefs of Staff, the commander-
in-chief of the United States Central Command, and the
Director of Central Intelligence.
(3) Each report shall be submitted in both a classified
form and an unclassified form.
(b) MATTERS TO BE INCLUDED.—Each report shall
contain a discussion of accomplishments and shortcomings
of the overall military operation. The report shall specifi-
cally include the following:
(1) A discussion of the command, control, co-
ordination, and support relationship between United
States Special Operations Forces and Central Intel-
ligence Agency elements participating in Operation
Enduring Freedom and any lessons learned from the
joint conduct of operations by those forces and ele-
ments.
(2) Recommendations to improve operational
readiness and effectiveness.
(c) CONGRESSIONAL COMMITTEES.—The committees
referred to in subsection (a)(1) are the following:
240
(1) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1012. REPORT ON BIOLOGICAL WEAPONS DEFENSE
AND COUNTER-PROLIFERATION.
(a) REPORT REQUIRED.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a
report—
(1) describing programs and initiatives to halt,
counter, and defend against the development, pro-
duction, and proliferation of biological weapons
agents, technology, and expertise to terrorist organi-
zations and other States; and
(2) including a detailed list of the limitations
and impediments to the biological weapons defense,
nonproliferation, and counterproliferation efforts of
the Department of Defense, and recommendations to
remove such impediments and to make such efforts
more effective.
(b) CLASSIFICATION.—The report may be submitted
in unclassified or classified form as necessary.
241
SEC. 1013. REQUIREMENT THAT DEPARTMENT OF DEFENSE
REPORTS TO CONGRESS BE ACCOMPANIED
BY ELECTRONIC VERSION.
Section 480(a) of title 10, United States Code, is
amended by striking ‘‘shall, upon request’’ and all that
follows through ‘‘(or each’’ and inserting ‘‘shall provide
to Congress (or’’.
SEC. 1014. STRATEGIC FORCE STRUCTURE PLAN FOR NU-
CLEAR WEAPONS AND DELIVERY SYSTEMS.
(a) PLAN REQUIRED.—The Secretary of Defense and
the Secretary of Energy shall jointly prepare a plan for
the United States strategic force structure for nuclear
weapons and nuclear weapons delivery systems for the pe-
riod of fiscal years from 2002 through 2012. The plan
shall—
(1) delineate a baseline strategic force structure
for such weapons and systems over such period con-
sistent with the Nuclear Posture Review dated Janu-
ary 2002;
(2) define sufficient force structure, force mod-
ernization and life extension plans, infrastructure,
and other elements of the defense program of the
United States associated with such weapons and sys-
tems that would be required to execute successfully
the full range of missions called for in the national
defense strategy delineated in the Quadrennial De-
242
fense Review dated September 30, 2001, under sec-
tion 118 of title 10, United States Code; and
(3) identify the budget plan that would be re-
quired to provide sufficient resources to execute suc-
cessfully the full range of missions using such force
structure called for in that national defense strategy.
(b) REPORT.—(1) The Secretary of Defense and the
Secretary of Energy shall submit a report on the plan to
the congressional defense committees. Except as provided
in paragraph (2), the report shall be submitted not later
than January 1, 2003.
(2) If before January 1, 2003, the President submits
to Congress the President’s certification that it is in the
national security interest of the United States that such
report be submitted on a later date (to be specified by
the President in the certification), such report shall be
submitted not later than such later date.
(c) REPORT ON OPTIONS FOR ACHIEVING, PRIOR TO
FISCAL YEAR 2012, PRESIDENT’S OBJECTIVE FOR OPER-
ATIONALLY DEPLOYED NUCLEAR WARHEADS.—Not later
than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall submit to Congress a report
on options for achieving, prior to fiscal year 2012, a pos-
ture under which the United States maintains a number
of operationally deployed nuclear warheads at a level of
243
from 1,700 to 2,200 such warheads, as outlined in the
Nuclear Posture Review. The report shall include the fol-
lowing:
(1) For each of fiscal years 2006, 2008, and
2010, an assessment of the options for achieving
such posture as of such fiscal year.
(2) An assessment of the effects of achieving
such posture prior to fiscal year 2012 on cost, the
dismantlement workforce, and any other affected
matter.
SEC. 1015. REPORT ON ESTABLISHMENT OF A JOINT NA-
TIONAL TRAINING COMPLEX AND JOINT OP-
POSING FORCES.
(a) REPORT REQUIRED.—Not later than six months
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services
of the House of Representatives a report that outlines a
plan to develop and implement a joint national training
complex. Such a complex may include multiple joint train-
ing sites and mobile training ranges and appropriate joint
opposing forces and shall be capable of supporting field
exercises and experimentation at the operational level of
war across a broad spectrum of adversary capabilities.
244
(b) MATTERS TO BE INCLUDED.—The report under
subsection (a) shall include the following:
(1) An identification and description of the
types of joint training and experimentation that
would be conducted at such a joint national training
complex, together with a description of how such
training and experimentation would enhance accom-
plishment of the six critical operational goals for the
Department of Defense specified at page 30 of the
Quadrennial Defense Review Report of the Secretary
of Defense issued on September 30, 2001.
(2) A discussion of how establishment of such
a complex (including joint opposing forces) would
promote innovation and transformation throughout
the Department of Defense.
(3) A discussion of how results from training
and experiments conducted at such a complex would
be taken into consideration in the Department of
Defense plans, programs, and budgeting process and
by appropriate decision making bodies within the
Department of Defense.
(4) A methodology, framework, and options for
selecting sites for such a complex, including consid-
eration of current training facilities that would ac-
245
commodate requirements among all the Armed
Forces.
(5) Options for development as part of such a
complex of a joint urban warfare training center
that could also be used for homeland defense and
consequence management training for Federal,
State, and local training.
(6) Cost estimates and resource requirements to
establish and maintain such a complex, including es-
timates of costs and resource requirements for the
use of contract personnel for the performance of
management, operational, and logistics activities for
such a complex .
(7) An explanation of the relationship between
and among such a complex and the Department of
Defense Office of Transformation, the Joint Staff,
the United States Joint Forces Command, the
United States Northern Command, and each ele-
ment of the major commands within the separate
Armed Forces with responsibility for experimen-
tation and training.
(8) A discussion of how implementation of a
joint opposing force would be established, including
the feasibility of using qualified contractors for the
246
function of establishing and maintaining joint oppos-
ing forces and the role of foreign forces.
(9) Submission of a time line to establish such
a center and for such a center to achieve initial
operational capability and full operational capability.
SEC. 1016. REPEAL OF VARIOUS REPORTS REQUIRED OF
THE DEPARTMENT OF DEFENSE.
(a) PROVISIONS
OF TITLE 10.—Title 10, United
States Code, is amended as follows:
(1)(A) Section 230 is repealed.
(B) The table of sections at the beginning of
chapter 9 is amended by striking the item relating
to section 230.
(2) Section 526 is amended by striking sub-
section (c).
(3) Section 721(d) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ before ‘‘If an offi-
cer’’.
(4) Section 986 is amended by striking sub-
section (e).
(5) Section 1095(g) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ after ‘‘(g)’’.
247
(6) Section 1798 is amended by striking sub-
section (d).
(7) Section 1799 is amended by striking sub-
section (d).
(8) Section 2010 is amended by striking sub-
section (b).
(9) Section 2327(c)(1) is amended—
(A) in subparagraph (A), by striking
‘‘after the date on which such head of an agen-
cy submits to Congress a report on the con-
tract’’ and inserting ‘‘if in the best interests of
the Government’’; and
(B) by striking subparagraph (B).
(10) Section 2350f is amended by striking sub-
section (c).
(11) Section 2350k is amended by striking sub-
section (d).
(12) Section 2492 is amended by striking sub-
section (c).
(13) Section 2493 is amended by striking sub-
section (g).
(14) Section 2563(c)(2) is amended by striking
‘‘and notifies Congress regarding the reasons for the
waiver’’.
248
(15) Section 2611 is amended by striking sub-
section (e).
(16) Sections 4357, 6975, and 9356 are each
amended—
(A) by striking subsection (c); and
(B) in subsection (a), by striking ‘‘Subject
to subsection (c), the Secretary’’ and inserting
‘‘The Secretary’’.
(17) Section 4416 is amended by striking sub-
section (f).
(18) Section 5721(f) is amended—
(A) by striking paragraph (2); and
(B) by striking ‘‘(1)’’ after the subsection
heading.
(19) Section 12302 is amended—
(A) in subsection (b), by striking the last
sentence; and
(B) by striking subsection (d).
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 1995.—Section 553(b) of the National De-
fense Authorization Act for Fiscal Year 1995 (Public Law
103–337; 108 Stat. 2772; 10 U.S.C. 4331 note) is amend-
ed by striking the last sentence.
249
SEC. 1017. REPORT ON THE ROLE OF THE DEPARTMENT OF
DEFENSE IN SUPPORTING HOMELAND SECU-
RITY.
(a) REPORT REQUIRED.—Not later than December
31, 2002, the Secretary of Defense shall submit to the
congressional defense committees a report on Department
of Defense responsibilities, mission, and plans for military
support of homeland security.
(b) CONTENT OF REPORT.—The report shall include,
but not be limited to, a discussion of the following:
(1) Changes in organization regarding the roles,
mission, and responsibilities carried out by the De-
partment of Defense to support its homeland secu-
rity mission and the reasons for those changes based
upon the findings of the study and report required
by section 1511 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107;
115 Stat. 1271).
(2) Changes in the roles, missions, and respon-
sibilities of the Department of the Army, the De-
partment of the Navy, and the Department of the
Air Force with respect to homeland security and the
reasons for such changes.
(3) Changes in the roles, missions, and respon-
sibilities of unified commands with homeland secu-
rity missions and the reasons for such changes.
250
(4) Changes in the roles, missions, and respon-
sibilities of the United States Joint Forces Com-
mand and the United States Northern Command in
expanded homeland security training and experimen-
tation involving the Department of Defense and
other Federal, State, and local entities, and the rea-
sons for such changes.
(5) Changes in the roles, missions, and respon-
sibilities of the Army National Guard and the Air
National Guard in the homeland security mission of
the Department of Defense, and the reasons for
such changes.
(6) The status of the unconventional nuclear
warfare defense test bed program established in re-
sponse to title IX of the Department of Defense Ap-
propriations Act, 2002 (division A of Public Law
107–117; 115 Stat. 2289), including the plan and
program for establishing such test beds.
(7) The plans and status of the Department of
Defense homeland security biological defense pro-
gram, including the plans and status of—
(A) the biological counter terrorism re-
search program;
(B) the biological defense homeland secu-
rity support program;
251
(C) pilot programs for establishing biologi-
cal defense test beds on Department of Defense
installations and in selected urban areas of the
United States;
(D) programs for expanding the capacity
of the Department of Defense to meet increased
demand for vaccines against biological agents;
and
(E) any plans to coordinate Department of
Defense work in biological defense programs
with other Federal, State, and local programs.
(8) Recommendations for legislative changes
that may be required to execute the roles and mis-
sions set forth in Department of Defense homeland
security plans.
SEC. 1018. REPORT ON EFFECTS OF NUCLEAR EARTH PEN-
ETRATOR WEAPONS AND OTHER WEAPONS.
(a) NAS STUDY.—The Secretary of Defense shall re-
quest the National Academy of Sciences to conduct a
study and prepare a report on the anticipated short-term
and long-term effects of the use of a nuclear earth pene-
trator weapon on the target area, including the effects on
civilian populations in proximity to the target area and
on United States military personnel performing operations
and battle damage assessments in the target area, and the
252
anticipated short-term and long-term effects on the civil-
ian population in proximity to the target area if—
(1) a non-penetrating nuclear weapon is used to
destroy hard or deeply-buried targets; or
(2) a conventional high-explosive weapon is
used to destroy an adversary’s weapons of mass de-
struction storage or production facilities, and radio-
active, nuclear, biological, or chemical weapons ma-
terials, agents, or other contaminants are released or
spread into populated areas.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit
to Congress the report under subsection (a), together with
any comments the Secretary may consider appropriate on
the report. The report shall be submitted in unclassified
form to the maximum extent possible, with a classified
annex if needed.
SEC. 1019. REPORT ON EFFECTS OF NUCLEAR-TIPPED
BALLISTIC MISSILE INTERCEPTORS AND NU-
CLEAR MISSILES NOT INTERCEPTED.
(a) NAS STUDY.—The Secretary of Defense shall re-
quest the National Academy of Sciences to conduct a
study and prepare a report on the anticipated short-term
and long-term effects of the use of a nuclear-tipped
ballistic missile interceptor, including the effects on civil-
253
ian populations and on United States military personnel
in proximity to the target area, and the immediate, short-
term, and long-term effects on the civilian population of
a major city of the United States, and the Nation as a
whole, if a ballistic missile carrying a nuclear weapon is
not intercepted and detonates directly above a major city
of the United States.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit
to Congress the report under subsection (a), together with
any comments the Secretary may consider appropriate on
the report. The report shall be submitted in unclassified
form to the maximum extent possible, with a classified
annex if needed.
SEC. 1020. LIMITATION ON DURATION OF FUTURE DEPART-
MENT OF DEFENSE REPORTING REQUIRE-
MENTS.
(a) IN GENERAL.—Chapter 23 of title 10, United
States Code, is amended by inserting after section 480 the
following new section:
‘‘§ 480a. Recurring reporting requirements: five-year
limitation
‘‘(a) FIVE-YEAR SUNSET.—Any recurring congres-
sional defense reporting requirement that is established by
a provision of law enacted on or after the date of the en-
254
actment of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003 (including a provision of
law enacted as part of that Act) shall cease to be effective,
with respect to that requirement, at the end of the five-
year period beginning on the date on which such provision
is enacted, except as otherwise provided by law.
‘‘(b) RULE OF CONSTRUCTION.—A provision of law
enacted after the date of the enactment of this section may
not be considered to supersede the provisions of subsection
(a) unless that provision specifically refers to subsection
(a) and specifically states that it supersedes subsection
(a).
‘‘(c) RECURRING CONGRESSIONAL DEFENSE RE-
PORTING REQUIREMENTS.—In this section, the term ‘re-
curring defense congressional reporting requirement’
means a requirement by law for the submission of an an-
nual, semiannual, or other regular periodic report to Con-
gress, or one or more committees of Congress, that applies
only to the Department of Defense or to one or more offi-
cers of the Department of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 480 the following new
item:
‘‘480a. Recurring reporting requirements: five-year limitation.’’.
255
Subtitle C—Other Matters
SEC. 1021. SENSE OF CONGRESS ON MAINTENANCE OF A
RELIABLE, FLEXIBLE, AND ROBUST STRA-
TEGIC DETERRENT.
It is the sense of Congress that, consistent with the
national defense strategy delineated in the Quadrennial
Defense Review dated September 30, 2001 (as submitted
under section 118 of title 10, United States Code), the
Nuclear Posture Review dated January 2002, and the
global strategic environment, the President should, to de-
fend the Nation, deter aggressors and potential adver-
saries, assure friends and allies, defeat enemies, dissuade
competitors, advance the foreign policy goals and vital in-
terests of the United States, and generally ensure the na-
tional security of the United States, take the following ac-
tions:
(1) Maintain an operationally deployed strategic
force of not less than 1,700 nuclear weapons for im-
mediate and unexpected contingencies.
(2) Maintain a responsive force of non-deployed
nuclear weapons for potential contingencies at readi-
ness and numerical levels determined to be—
(A) essential to the execution of the Single
Integrated Operational Plan; or
256
(B) necessary to maintain strategic flexi-
bility and capability in accordance with the
findings and conclusions of such Nuclear Pos-
ture Review.
(3) Develop advanced conventional weapons,
and nuclear weapons, capable of destroying—
(A) hard and deeply buried targets; and
(B) enemy weapons of mass destruction
and the development and production facilities of
such enemy weapons.
(4) Develop a plan to achieve and maintain the
capability to resume conducting underground tests
of nuclear weapons within one year after a decision
is made to resume conducting such tests, so as to
have the means to maintain robust and adaptive
strategic forces through a ready, responsive, and ca-
pable nuclear infrastructure, as prescribed in such
Nuclear Posture Review.
(5) Develop a plan to revitalize the Nation’s nu-
clear weapons industry and infrastructure so as to
facilitate the development and production of safer,
more reliable, and more effective nuclear weapons.
257
SEC. 1022. TIME FOR TRANSMITTAL OF ANNUAL DEFENSE
AUTHORIZATION LEGISLATIVE PROPOSAL.
(a) IN GENERAL.—Chapter 2 of title 10, United
States Code, is amended by inserting after section 113 the
following new section:
‘‘§ 113a. Transmission of annual defense authoriza-
tion request
‘‘(a) TIME FOR TRANSMITTAL.—The Secretary of
Defense shall transmit to Congress the annual defense au-
thorization request for a fiscal year during the first 30
days after the date on which the President transmits to
Congress the budget for that fiscal year pursuant to sec-
tion 1105 of title 31.
‘‘(b) DEFENSE
AUTHORIZATION
REQUEST
DE-
FINED.—In this section, the term ‘defense authorization
request’, with respect to a fiscal year, means a legislative
proposal submitted to Congress for the enactment of the
following:
‘‘(1) Authorizations of appropriations for that
fiscal year, as required by section 114 of this title.
‘‘(2) Personnel strengths for that fiscal year, as
required by section 115 of this title.
‘‘(3) Any other matter that is proposed by the
Secretary of Defense to be enacted as part of the
annual defense authorization bill for that fiscal
year.’’.
258
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 113 the following new
item:
‘‘113a. Transmission of annual defense authorization request.’’.
SEC. 1023. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10,
United States Code, is amended as follows:
(1) Section 153 is amended by inserting ‘‘(a)
PLANNING; ADVICE; POLICY FORMULATION.—’’ at
the beginning of the text.
(2) Section 663(e)(2) is amended by striking
‘‘Armed Forces Staff College’’ and inserting ‘‘Joint
Forces Staff College’’.
(3) Section 2399(a)(2) is amended—
(A) in the matter preceding subparagraph
(A), by striking ‘‘means—’’ and inserting
‘‘means 
a 
conventional 
weapons 
system
that—’’; and
(B) in subparagraph (A), by striking ‘‘a
conventional weapons system that’’.
(4)(A) Section 2410h is transferred to the end
of subchapter IV of chapter 87 and is redesignated
as section 1747.
(B) The item relating to that section in the
table of sections at the beginning of chapter 141 is
261
(2) Section 1305(6) (22 U.S.C. 5952 note) is
amended by striking the first period after ‘‘facility’’.
(f) TITLE 14, UNITED STATES CODE.—Section
516(c) of title 14, United States Code, is amended by
striking ‘‘his section’’ and inserting ‘‘this section’’.
SEC. 1024. WAR RISK INSURANCE FOR VESSELS IN SUP-
PORT OF NATO-APPROVED OPERATIONS.
Section 1205 of the Merchant Marine Act, 1936 (46
App. U.S.C. 1285) is amended by adding at the end the
following:
‘‘(c) INSURANCE
OF
VESSELS
IN
SUPPORT
OF
NATO-APPROVED OPERATIONS.—(1) Upon request made
under subsection (b), the Secretary may provide insurance
for a vessel, regardless of the country in which the vessel
is registered and the citizenship of its owners, that is sup-
porting a military operation approved by the North Atlan-
tic Council, including a vessel that is not operating under
contract with a department or agency of the United
States.
‘‘(2) If a vessel is insured under paragraph (1) in
response to a request made pursuant to an international
agreement providing for the sharing among nations of the
risks involved in mutual or joint operations, the Secretary
of Transportation, with the concurrence of the Secretary
of State, may seek from another nation that is a party
262
to such agreement a commitment to indemnify the United
States for any amounts paid by the United States for
claims against such insurance.
‘‘(3) Amounts received by the United States as in-
demnity from a nation pursuant to paragraph (2) shall
be deposited into the insurance fund created under section
1208.
‘‘(4) Any obligation of a department or agency of the
United States to indemnify the Secretary or the insurance
fund for any claim against insurance provided under this
subsection is extinguished to the extent of any indem-
nification received from a nation pursuant to paragraph
(2) with respect to the claim.’’.
SEC. 1025. CONVEYANCE, NAVY DRYDOCK, PORTLAND, OR-
EGON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may sell Navy Drydock No. YFD-69, located in
Portland, Oregon, to Portland Shipyard, LLC, which is
the current user of the drydock.
(b) CONDITION OF CONVEYANCE.—The conveyance
under subsection (a) shall be subject to the condition that
the purchaser agree to retain the drydock on Swan Island
in Portland, Oregon, until at least September 30, 2007.
(c) CONSIDERATION.—As consideration for the con-
veyance of the drydock under subsection (a), the pur-
263
chaser shall pay to the Secretary an amount equal to the
fair market value of the drydock at the time of the convey-
ance, as determined by the Secretary.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 1026. ADDITIONAL WEAPONS OF MASS DESTRUCTION
CIVIL SUPPORT TEAMS.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense should—
(1) establish 23 additional teams designated as
Weapons of Mass Destruction Civil Support Teams
(for a total of 55 such teams); and
(2) ensure that of such 55 teams there is at
least one team established for each State and terri-
tory.
(b) STATE AND TERRITORY DEFINED.—In this sec-
tion, the term ‘‘State and territory’’ means the several
States, the District of Columbia, Puerto Rico, Guam, and
the Virgin Islands.
264
SEC. 1027. USE FOR LAW ENFORCEMENT PURPOSES OF
DNA SAMPLES MAINTAINED BY DEPARTMENT
OF 
DEFENSE 
FOR 
IDENTIFICATION 
OF
HUMAN REMAINS.
(a) IN GENERAL.—Chapter 80 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1566. DNA samples maintained for identification of
human remains: use for law enforcement
purposes
‘‘(a) COMPLIANCE WITH COURT ORDER.—(1) Sub-
ject to paragraph (2), if a valid order of a Federal court
(or military judge) so requires, an element of the Depart-
ment of Defense that maintains a repository of DNA sam-
ples for the purpose of identification of human remains
shall make available, for the purpose specified in sub-
section (b), such DNA samples on such terms and condi-
tions as such court (or military judge) directs.
‘‘(2) A DNA sample with respect to an individual
shall be provided under paragraph (1) in a manner that
does not compromise the ability of the Department of De-
fense to maintain a sample with respect to that individual
for the purpose of identification of human remains.
‘‘(b) COVERED PURPOSE.—The purpose referred to
in subsection (a) is the purpose of an investigation or pros-
265
ecution of a felony, or any sexual offense, for which no
other source of DNA information is available.
‘‘(c) DEFINITION.—In this section, the term ‘DNA
sample’ has the meaning given such term in section
1565(c) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘1566. DNA samples maintained for identification of human remains: use for
law enforcement purposes.’’.
SEC. 1028. SENSE OF CONGRESS CONCERNING AIRCRAFT
CARRIER FORCE STRUCTURE.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The aircraft carrier has been an integral
component in Operation Enduring Freedom and in
the homeland defense mission beginning on Sep-
tember 11, 2001. The aircraft carriers that have
participated in Operation Enduring Freedom, as of
May 1, 2002, are the USS Enterprise (CVN–65),
the USS Carl Vinson (CVN–70), the USS Kitty
Hawk (CV–63), the USS Theodore Roosevelt (CVN–
71), the USS John C. Stennis (CVN–74), and the
USS John F. Kennedy (CV–67). The aircraft car-
riers that have participated in the homeland defense
mission are the USS George Washington (CVN–73),
266
the USS John F. Kennedy (CV–67), and the USS
John C. Stennis (CVN–74).
(2) Since 1945, the United States has built 172
bases overseas, of which only 24 are currently in
use.
(3) The aircraft carrier provides an independent
base of operations should no land base be available
for aircraft.
(4) The aircraft carrier is an essential compo-
nent of the Navy.
(5) Both the F/A–18E/F aircraft program and
the Joint Strike Fighter aircraft program are pro-
ceeding on schedule for deployment on aircraft car-
riers.
(6) As established by the Navy, the United
States requires the service of 15 aircraft carriers to
completely fulfill all the naval commitments assigned
to it without gapping carrier presence.
(7) The Navy requires, at a minimum, at least
12 carriers to accomplish its current missions.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the number of aircraft carriers of the Navy in
active service should not be less than 12.
(c) COMMENDATION OF CREWS.—Congress hereby
commends the crews of the aircraft carriers that have par-
267
ticipated in Operation Enduring Freedom and the home-
land defense mission.
SEC. 1029. ENHANCED AUTHORITY TO OBTAIN FOREIGN
LANGUAGE SERVICES DURING PERIODS OF
EMERGENCY.
(a) NATIONAL FOREIGN LANGUAGE SKILLS REG-
ISTRY.—(1) The Secretary of Defense may establish and
maintain a secure data registry to be known as the ‘‘Na-
tional Foreign Language Skills Registry’’. The data reg-
istry shall consist of the names of, and other pertinent
information on, linguistically qualified United States citi-
zens and permanent resident aliens who state that they
are willing to provide linguistic services in times of emer-
gency designated by the Secretary of Defense to assist the
Department of Defense and other Departments and agen-
cies of the United States with translation and interpreta-
tion in languages designated by the Secretary of Defense
as critical languages.
(2) The name of a person may be included in the
Registry only if the person expressly agrees for the per-
son’s name to be included in the Registry. Any such agree-
ment shall be made in such form and manner as may be
specified by the Secretary.
(b) AUTHORITY TO ACCEPT VOLUNTARY TRANS-
LATION
AND
INTERPRETATION
SERVICES.—Section
268
1588(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(6) Language translation and interpretation
services.’’.
SEC. 1030. SURFACE COMBATANT INDUSTRIAL BASE.
(a) REVIEW.—The Secretary of Defense shall con-
duct a review of the effect of the contract award an-
nounced on April 29, 2002, for the lead design agent for
the DD(X) ship program on the industrial base for ship
combat system development, including the industrial base
for each of the following: ship systems integration, radar,
electronic warfare, launch systems, and other components.
(b) REPORT REQUIRED.—Not later than March 31,
2003, the Secretary shall submit to the congressional de-
fense committees a report based on the review under sub-
section (a). The report shall provide the Secretary’s as-
sessment of the effect of that contract award on the ship
combat system technology and industrial base and shall
describe any actions that the Secretary proposes to ensure
future competition across the array of technologies that
encompass the combat systems of future surface ships, in-
cluding the next generation cruiser (CG(X)), the littoral
combat ship (LCS), and the joint command ship
(JCC(X)).
269
SEC. 1031. ENHANCED COOPERATION BETWEEN UNITED
STATES AND RUSSIAN FEDERATION TO PRO-
MOTE MUTUAL SECURITY.
(a) STATEMENT OF POLICY.—It is the policy of the
United States to pursue greater cooperation, trans-
parency, and confidence with the Russian Federation re-
garding nuclear weapons policy, force structure, safe-
guards, testing, and proliferation prevention, as well as
nuclear weapons infrastructure, production, and dis-
mantlement, so as to promote mutual security, stability,
and trust.
(b) SENSE OF CONGRESS REGARDING ENHANCED
COOPERATION WITH RUSSIA.—It is the sense of Congress
that the President of the United States should continue
to engage the President of the Russian Federation to
achieve the following objectives, consistent with United
States national security, in the interest of promoting mu-
tual trust, security, and stability:
(1) An agreement that would seek to prevent
the illicit use, diversion, theft, or proliferation of tac-
tical nuclear weapons, and their key components and
materials, by—
(A) withdrawing deployed nonstrategic nu-
clear weapons;
270
(B) accounting for, consolidating, and se-
curing the Russian Federation’s nonstrategic
nuclear weapons; and
(C) dismantling or destroying United
States and Russian nonstrategic nuclear weap-
ons in excess of each nation’s legitimate defense
needs.
(2) A reciprocal program of joint visits by nu-
clear weapons scientists and experts of the United
States and the Russian Federation to the United
States nuclear test site in Nevada, and the Russian
nuclear test site at Novya Zemlya.
(3) A reciprocal program of joint visits and con-
ferences at each nation’s nuclear weapons labora-
tories and nuclear weapons development and produc-
tion facilities to discuss how to improve the safety
and security of each nation’s nuclear stockpile, nu-
clear materials, and nuclear infrastructure.
(4) A reciprocal program of joint visits and con-
ferences to explore greater cooperation between the
United States and the Russian Federation with re-
gard to ballistic missile defenses against intentional,
unauthorized, and accidental launches of ballistic
missiles.
271
(5) A joint commission on nonproliferation,
composed of senior nonproliferation and intelligence
officials from the United States and the Russian
Federation, to meet regularly in a closed forum to
discuss ways to prevent rogue states and potential
adversaries from acquiring—
(A) weapons of mass destruction and
ballistic missiles;
(B) the dual-use goods, technologies, and
expertise necessary to develop weapons of mass
destruction and ballistic missiles; and
(C) advanced conventional weapons.
(6) A joint program to develop advanced meth-
ods for disposal of weapons-grade nuclear materials
excess to defense needs, including safe, proliferation
resistant, advanced nuclear fuel cycles that achieve
more complete consumption of weapons materials,
and other methods that minimize waste and hazards
to health and the environment.
(7) A joint program to develop methods for
safeguarding, treating, and disposing of spent reac-
tor fuel and other nuclear waste so as to minimize
the risk to public health, property, and the environ-
ment, as well as the possibility of diversion to illicit
purposes.
272
(8) A joint program, built upon existing pro-
grams, to cooperatively develop advanced methods
and techniques for establishing a state-of-the-art in-
ventory control and monitoring system for nuclear
weapons and material.
(c) REPORT.—No later than March 1, 2003, the
President shall submit to Congress a report (in unclassi-
fied or classified form as necessary) on the status of the
objectives under subsection (b). The report shall include
the following:
(1) A description of the actions taken by the
President to engage the Russian Federation to
achieve those objectives.
(2) A description of the progress made to
achieve those objectives.
(3) A description of the response of the Russian
Federation to the actions referred to in paragraph
(1).
(4) The President’s assessment of the Russian
Federation’s commitment to a better, closer relation-
ship with the United States based on the principles
of increased cooperation and transparency.
273
SEC. 1032. TRANSFER OF FUNDS TO INCREASE AMOUNTS
FOR PAC–3 MISSILE PROCUREMENT AND
ISRAELI ARROW PROGRAM.
(a) INCREASE
FOR PAC–3 PROCUREMENT.—The
amount provided in section 101 for Missile Procurement,
Army, is hereby increased by $65,000,000, to be available
for an additional 24 PAC–3 missiles.
(b) INCREASE FOR ISRAELI ARROW PROGRAM.—The
amount provided in section 201(4) for the Missile Defense
Agency is hereby increased by $70,000,000, to be available
within program element 0603881C, Terminal Defense
Segment, only for the Israeli Arrow Ballistic Missile De-
fense System program.
(c) CORRESPONDING REDUCTION.—The amount pro-
vided in section 201(4) for research, development, test,
and evaluation, Defense-wide, is hereby reduced by
$135,000,000, to be derived from amounts available to the
Missile Defense Agency.
SEC. 1033. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRA-
TION AND NATURALIZATION SERVICE AND
CUSTOMS SERVICE.
(a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE-
FENSE.—Chapter 18 of title 10, United States Code, is
amended by inserting after section 374 the following new
section:
274
‘‘§ 374a. Assignment of members to assist border pa-
trol and control
‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission
of a request consistent with subsection (b), the Secretary
of Defense may assign members of the Army, Navy, Air
Force, and Marine Corps to assist—
‘‘(1) the Immigration and Naturalization Serv-
ice in preventing the entry of terrorists, drug traf-
fickers, and illegal aliens into the United States; and
‘‘(2) the United States Customs Service in the
inspection of cargo, vehicles, and aircraft at points
of entry into the United States to prevent the entry
of weapons of mass destruction, components of
weapons of mass destruction, prohibited narcotics or
drugs, or other terrorist or drug trafficking items.
‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment
of members under subsection (a) may occur only if—
‘‘(1) the assignment is at the request of the At-
torney General, in the case of an assignment to the
Immigration and Naturalization Service, or the Sec-
retary of the Treasury, in the case of an assignment
to the United States Customs Service; and
‘‘(2) the request of the Attorney General or the
Secretary of the Treasury (as the case may be) is
accompanied by a certification by the President that
the assignment of members pursuant to the request
275
is necessary to respond to a threat to national secu-
rity posed by the entry into the United States of ter-
rorists or drug traffickers.
‘‘(c) TRAINING PROGRAM REQUIRED.—The Attorney
General or the Secretary of the Treasury (as the case may
be), together with the Secretary of Defense, shall establish
a training program to ensure that members receive general
instruction regarding issues affecting law enforcement in
the border areas in which the members may perform du-
ties under an assignment under subsection (a). A member
may not be deployed at a border location pursuant to an
assignment under subsection (a) until the member has
successfully completed the training program.
‘‘(d) CONDITIONS OF USE.—(1) Whenever a member
who is assigned under subsection (a) to assist the Immi-
gration and Naturalization Service or the United States
Customs Service is performing duties at a border location
pursuant to the assignment, a civilian law enforcement of-
ficer from the agency concerned shall accompany the
member.
‘‘(2) Nothing in this section shall be construed to—
‘‘(A) authorize a member assigned under sub-
section (a) to conduct a search, seizure, or other
similar law enforcement activity or to make an ar-
rest; and
276
‘‘(B) supersede section 1385 of title 18 (popu-
larly known as the ‘Posse Comitatus Act’).
‘‘(e) ESTABLISHMENT
OF ONGOING JOINT TASK
FORCES.—(1) The Attorney General or the Secretary of
the Treasury may establish ongoing joint task forces when
accompanied by a certification by the President that the
assignment of members pursuant to the request to estab-
lish a joint task force is necessary to respond to a threat
to national security posed by the entry into the United
States of terrorists or drug traffickers.
‘‘(2) When established, any joint task force shall fully
comply with the standards as set forth in this section.
‘‘(f) NOTIFICATION REQUIREMENTS.—The Attorney
General or the Secretary of the Treasury (as the case may
be) shall notify the Governor of the State in which mem-
bers are to be deployed pursuant to an assignment under
subsection (a), and local governments in the deployment
area, of the deployment of the members to assist the Im-
migration and Naturalization Service or the United States
Customs Service (as the case may be) and the types of
tasks to be performed by the members.
‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377
of this title shall apply in the case of members assigned
under subsection (a).
277
‘‘(h) TERMINATION OF AUTHORITY.—No assignment
may be made or continued under subsection (a) after Sep-
tember 30, 2005.’’.
(b) COMMENCEMENT OF TRAINING PROGRAM.—The
training program required by subsection (b) of section
374a of title 10, United States Code, shall be established
as soon as practicable after the date of the enactment of
this Act.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 374 the following new
item:
‘‘374a. Assignment of members to assist border patrol and control.’’.
SEC. 1034. SENSE OF CONGRESS ON PROHIBITION OF USE
OF FUNDS FOR INTERNATIONAL CRIMINAL
COURT.
It is the sense of Congress that none of the funds
appropriated pursuant to authorizations of appropriations
in this Act should be used for any assistance to, or to
cooperate with or to provide any support for, the Inter-
national Criminal Court.
278
TITLE XI—CIVILIAN PERSONNEL
MATTERS
SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DEFENSE
NONAPPROPRIATED FUND EMPLOYEES FOR
LONG-TERM CARE INSURANCE.
(a) IN GENERAL.—Section 9001(1) of title 5, United
States Code, is amended—
(1) in subparagraph (B), by striking ‘‘and’’;
(2) in subparagraph (C), by striking the comma
at the end and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) an employee of a nonappropriated
fund instrumentality of the Department of De-
fense described in section 2105(c),’’.
(b) DISCRETIONARY AUTHORITY.—Section 9002 of
such title is amended—
(1) by redesignating subsections (b), (c), (d),
and (e) as subsections (c), (d), (e), and (f), respec-
tively; and
(2) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) DISCRETIONARY AUTHORITY REGARDING NON-
APPROPRIATED FUND INSTRUMENTALITIES.—The Sec-
retary of Defense may determine that a nonappropriated
279
fund instrumentality of the Department of Defense is cov-
ered under this chapter or is covered under an alternative
long-term care insurance program.’’.
SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE AU-
THORITY TO MAKE LUMP-SUM SEVERANCE
PAYMENTS.
(a) IN GENERAL.—Section 5595(i)(4) of title 5,
United States Code, is amended by striking ‘‘2003’’ and
inserting ‘‘2006’’.
(b) REPORT.—Not later than one year after the date
of the enactment of this Act, the President shall submit
to Congress a report including recommendations whether
the authority under section 5595(i) of title 5, United
States Code, should be made permanent or expanded to
be made Governmentwide.
SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STAND-
ARDS FOR DIFFERENTIAL PAYMENTS AS A
CONSEQUENCE OF EXPOSURE TO ASBESTOS.
(a) 
PREVAILING
RATE
SYSTEMS.—Section
5343(c)(4) of title 5, United States Code, is amended by
inserting before the semicolon at the end the following:
‘‘, and for any hardship or hazard related to asbestos, such
differentials shall be determined by applying occupational
safety and health standards consistent with the permis-
sible exposure limit promulgated by the Secretary of
280
Labor under the Occupational Safety and Health Act of
1970’’.
(b) GENERAL
SCHEDULE
PAY
RATES.—Section
5545(d) of such title is amended by inserting before the
period at the end of the first sentence the following: ‘‘,
and for any hardship or hazard related to asbestos, such
differentials shall be determined by applying occupational
safety and health standards consistent with the permis-
sible exposure limit promulgated by the Secretary of
Labor under the Occupational Safety and Health Act of
1970’’.
(c) APPLICABILITY.—Subject to any vested constitu-
tional property rights, any administrative or judicial deter-
mination after the date of enactment of this Act con-
cerning backpay for a differential established under sec-
tions 5343(c)(4) or 5545(d) of such title shall be based
on occupational safety and health standards described in
the amendments made by subsections (a) and (b).
SEC. 
1104. 
CONTINUATION 
OF 
FEDERAL 
EMPLOYEE
HEALTH BENEFITS PROGRAM ELIGIBILITY.
Paragraph (4)(B) of section 8905a(d) of title 5,
United States Code, is amended—
(1) in clause (i), by striking ‘‘2003’’ and insert-
ing ‘‘2006’’; and
(2) in clause (ii)—
281
(A) by striking ‘‘2004’’ and inserting
‘‘2007’’; and
(B) by striking ‘‘2003’’ and inserting
‘‘2006’’.
SEC. 1105. TRIENNIAL FULL-SCALE FEDERAL WAGE SYSTEM
WAGE SURVEYS.
Section 5343(b) of title 5, United States Code, is
amended—
(1) in the first sentence, by striking ‘‘2 years’’
and inserting ‘‘3 years’’; and
(2) in the second sentence, by striking the pe-
riod at the end and inserting ‘‘, based on criteria de-
veloped by the Office.’’.
SEC. 1106. CERTIFICATION FOR DEPARTMENT OF DEFENSE
PROFESSIONAL ACCOUNTING POSITIONS.
(a) IN GENERAL.—(1) Chapter 81 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1599d. Professional accounting positions: authority
to prescribe certification and credential
standards
‘‘(a) AUTHORITY TO PRESCRIBE PROFESSIONAL
CERTIFICATION STANDARDS.—The Secretary of Defense
may prescribe professional certification and credential
standards for professional accounting positions within the
282
Department of Defense. Any such standard shall be pre-
scribed as a Department of Defense regulation.
‘‘(b) WAIVER
AUTHORITY.—The Secretary may
waive any standard prescribed under subsection (a) when-
ever the Secretary determines such a waiver to be appro-
priate.
‘‘(c) APPLICABILITY.—A standard prescribed under
subsection (a) shall not apply to any person employed by
the Department of Defense before the standard is pre-
scribed.
‘‘(d) REPORT.—The Secretary of Defense shall sub-
mit to Congress a report on the Secretary’s plans to pro-
vide training to appropriate Department of Defense per-
sonnel to meet any new professional and credential stand-
ards prescribed under subsection (a). Such report shall be
prepared in conjunction with the Director of the Office
of Personnel Management. Such a report shall be sub-
mitted not later than one year after the effective date of
any regulations, or any revision to regulations, prescribed
pursuant to subsection (a).
‘‘(e) DEFINITION.—In this section, the term ‘profes-
sional accounting position’ means a position or group of
positions in the GS–510, GS–511, and GS–505 series that
involves professional accounting work.’’.
283
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘1599d. Professional accounting positions: authority to establish certification
and credential standards.’’.
(b) EFFECTIVE DATE.—Standards established pur-
suant to section 1599d of title 10, United States Code,
as added by subsection (a), may take effect no sooner than
120 days after the date of the enactment of this Act.
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EF-
FORTS TO INSPECT AND MONITOR IRAQI
WEAPONS ACTIVITIES.
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS-
CAL YEAR 2003.—The total amount of the assistance for
fiscal year 2003 that is provided by the Secretary of De-
fense under section 1505 of the Weapons of Mass Destruc-
tion Control Act of 1992 (22 U.S.C. 5859a) as activities
of the Department of Defense in support of activities
under that Act may not exceed $15,000,000.
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE.—Subsection (f) of section 1505 of the Weapons of
Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking ‘‘2002’’ and inserting ‘‘2003’’.
284
SEC. 1202. STRENGTHENING THE DEFENSE OF TAIWAN.
(a) IMPLEMENTATION
OF TRAINING PLAN.—Not
later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall implement a com-
prehensive plan to conduct joint operational training for,
and exchanges of senior officers between, the Armed
Forces of the United States and the military forces of Tai-
wan. Such plan shall include implementation of a wide
range of programs, activities, exercises, and arrangements
focused on threat analysis, military doctrine, force plan-
ning, logistical support, intelligence collection and anal-
ysis, operational tactics, techniques, and procedures, civil-
military relations, and other subjects designed to improve
the defensive capabilities of Taiwan and to enhance inter-
operability between the military forces of Taiwan and the
Armed Forces of the United States.
(b) SUBMISSION TO CONGRESS.—At least 30 days be-
fore commencing implementation of the plan described in
subsection (a), the Secretary of Defense shall submit the
plan to Congress, in classified and unclassified form as
necessary.
SEC. 1203. ADMINISTRATIVE SERVICES AND SUPPORT FOR
FOREIGN LIAISON OFFICERS.
(a) AUTHORITY.—Subchapter II of chapter 138 of
title 10, United States Code, is amended by adding at the
end the following new section:
285
‘‘§ 2350m. Administrative services and support for
foreign liaison officers
‘‘(a) AUTHORITY TO PROVIDE SERVICES AND SUP-
PORT.—The Secretary of Defense may provide administra-
tive services and support for foreign liaison officers per-
forming duties while such officers temporarily are as-
signed to components or commands of the armed forces.
Such administrative services and support may include base
or installation operation support services, office space,
utilities, copying services, fire and police protection, and
computer support. The Secretary may provide such ad-
ministrative services and support with or without reim-
bursement, as the Secretary considers appropriate.
‘‘(b) EXPIRATION
OF AUTHORITY.—The authority
under this section shall expire on September 30, 2005.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such subchapter is amended by adding
at the end the following new item:
‘‘2350m. Administrative services and support for foreign liaison officers.’’.
(c) REPORT.—Not later than March 1, 2005, the
Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Represent-
atives a report describing, as of the date of submission
of the report—
(1) the number of foreign liaison officers for
which support has been provided under section
286
2350m of title 10, United States Code (as added by
subsection (a));
(2) the countries from which such foreign liai-
son officers are or were assigned;
(3) the type of support provided, the duration
for which the support was provided, and the reasons
the support was provided; and
(4) the costs to the Department of Defense and
the United States of providing such support.
SEC. 1204. ADDITIONAL COUNTRIES COVERED BY LOAN
GUARANTEE PROGRAM.
Section 2540 of title 10, United States Code, is
amended—
(1) in subsection (b), by adding at the end the
following new paragraph:
‘‘(5) A country that, as determined by the Sec-
retary of Defense in consultation with the Secretary
of State, assists in combatting drug trafficking orga-
nizations or foreign terrorist organizations.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(d) REPORT.—The Secretary of Defense and the
Secretary of State, whenever the Secretaries consider such
action to be warranted, shall jointly submit to the Com-
mittees on Armed Services and Foreign Relations of the
287
Senate and the Committees on Armed Services and Inter-
national Relations of the House of Representatives a re-
port enumerating those countries to be added or removed
under subsection (b).’’.
SEC. 1205. LIMITATION ON FUNDING FOR JOINT DATA EX-
CHANGE CENTER IN MOSCOW.
(a) LIMITATION.—Not more than 50 percent of the
funds made available to the Department of Defense for
fiscal year 2003 for activities associated with the Joint
Data Exchange Center in Moscow, Russia, may be obli-
gated or expended for any such activity until—
(1) the United States and the Russian Federa-
tion enter into a cost-sharing agreement as described
in subsection (d) of section 1231 of the Floyd D.
Spence National Defense Authorization Act for Fis-
cal Year 2001 (as enacted into law by Public Law
106–398; 114 Stat. 1654A–329);
(2) the United States and the Russian Federa-
tion enter into an agreement or agreements exempt-
ing the United States and any United States person
from Russian taxes, and from liability under Rus-
sian laws, with respect to activities associated with
the Joint Data Exchange Center;
(3) the Secretary of Defense submits to the
Committee on Armed Services of the Senate and the
288
Committee on Armed Services of the House of Rep-
resentatives a copy of each agreement referred to in
paragraphs (1) and (2); and
(4) a period of 30 days has expired after the
date of the final submission under paragraph (3).
(b) JOINT DATA EXCHANGE CENTER.—For purposes
of this section, the term ‘‘Joint Data Exchange Center’’
means the United States-Russian Federation joint center
for the exchange of data to provide early warning of
launches of ballistic missiles and for notification of such
launches that is provided for in a joint United States-Rus-
sian Federation memorandum of agreement signed in
Moscow in June 2000.
SEC. 1206. LIMITATION ON NUMBER OF MILITARY PER-
SONNEL IN COLOMBIA.
(a) LIMITATION.—None of the funds available to the
Department of Defense may be used to support or main-
tain more than 500 members of the Armed Forces on duty
in the Republic of Colombia at any time.
(b) EXCEPTIONS.—There shall be excluded from
counting for the purposes of the limitation in subsection
(a) the following:
(1) A member of the Armed Forces in the Re-
public of Colombia for the purpose of rescuing or re-
trieving United States military or civilian Govern-
289
ment personnel, except that the period for which
such a member may be so excluded may not exceed
30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to
the United States Embassy in Colombia as an
attache´, as a member of the security assistance of-
fice, or as a member of the Marine Corps security
contingent.
(3) A member of the Armed Forces in Colombia
to participate in relief efforts in responding to a nat-
ural disaster.
(4) Nonoperational transient military personnel.
(5) A member of the Armed Forces making a
port call from a military vessel in Colombia.
(c) WAIVER.—The Secretary of Defense may waive
the limitation in subsection (a) if he determines that such
waiver is in the national security interest.
(d) NOTIFICATION.—The Secretary shall notify the
congressional defense committees not later 15 days after
the date of the exercise of the waiver authority under sub-
section (c).
290
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Co-
operative Threat Reduction programs are the programs
specified in section 1501(b) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2003 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the
term ‘‘fiscal year 2003 Cooperative Threat Reduction
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to the authorization of appropriations in section
301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the
$416,700,000 authorized to be appropriated to the De-
291
partment of Defense for fiscal year 2003 in section
301(23) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes spec-
ified:
(1) For strategic offensive arms elimination in
Russia, $70,500,000.
(2) For strategic nuclear arms elimination in
Ukraine, $6,500,000.
(3) For nuclear weapons transportation security
in Russia, $19,700,000.
(4) For nuclear weapons storage security in
Russia, $39,900,000.
(5) For activities designated as Other Assess-
ments/Administrative Support, $14,700,000.
(6) 
For 
defense 
and 
military 
contacts,
$18,900,000.
(7) For weapons of mass destruction infrastruc-
ture 
elimination 
activities 
in 
Kazakhstan,
$9,000,000.
(8) For weapons of mass destruction infrastruc-
ture elimination activities in Ukraine, $8,800,000.
(9) For chemical weapons destruction in Rus-
sia, $50,000,000.
292
(10) For biological weapons facility dismantle-
ment in the States of the former Soviet Union
$11,500,000.
(11) For biological weapons facility security and
safety in the States of the former Soviet Union,
$34,800,000.
(12) For biological weapons collaborative re-
search in the States of the former Soviet Union,
$8,700,000.
(13) For personnel reliability programs in Rus-
sia, $100,000.
(14) For weapons of mass destruction prolifera-
tion prevention in the States of the former Soviet
Union, $40,000,000.
(b) ADDITIONAL FUNDS AUTHORIZED FOR CERTAIN
PURPOSES.—Of the funds authorized to be appropriated
to the Department of Defense for fiscal year 2003 in sec-
tion 301(23) for Cooperative Threat Reduction programs,
$83,600,000 may be obligated for any of the purposes
specified in paragraphs (1) through (4) and (9) of sub-
section (a) in addition to the amounts specifically author-
ized in such paragraphs.
(c) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2003 Co-
operative Threat Reduction funds may be obligated or ex-
293
pended for a purpose other than a purpose listed in para-
graphs (1) through (14) of subsection (a) until 30 days
after the date that the Secretary of Defense submits to
Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2003 Cooperative Threat Reduction
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title
or any other provision of law.
(d) LIMITED AUTHORITY TO VARY INDIVIDUAL
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the Sec-
retary may obligate amounts appropriated for fiscal year
2003 for a purpose listed in any of the paragraphs in sub-
section (a) in excess of the amount specifically authorized
for such purpose (including amounts authorized under
subsection (b)).
(2) An obligation of funds for a purpose stated in
any of the paragraphs in subsection (a) in excess of the
specific amount authorized for such purpose may be made
using the authority provided in paragraph (1) only after—
294
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for the purposes
stated any of paragraphs (5) through (13) of subsection
(a) in excess of 115 percent of the amount specifically au-
thorized for such purposes.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL
SUBMISSION OF REPORTS.
No fiscal year 2003 Cooperative Threat Reduction
funds may be obligated or expended until 30 days after
the date of the submission of—
(1) the report required to be submitted in fiscal
year 2002 under section 1308(a) of the Floyd D.
Spence National Defense Authorization Act for Fis-
cal Year 2001 (as enacted into law by Public Law
106–398; 114 Stat. 1654A–341); and
(2) the update for the multiyear plan required
to be submitted for fiscal year 2001 under section
1205 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 22 U.S.C.
5952 note).
295
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY
ACTIVITIES CARRIED OUT UNDER COOPERA-
TIVE THREAT REDUCTION PROGRAMS.
Section 1308(c) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 114 Stat. 1654A–341)
is amended by inserting at the end the following new para-
graph:
‘‘(6) To the maximum extent practicable, a de-
scription of how revenue generated by activities car-
ried out under Cooperative Threat Reduction pro-
grams in recipient States is being utilized, mon-
itored, and accounted for.’’.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SEC-
OND WING OF FISSILE MATERIAL STORAGE
FACILITY.
No funds authorized to be appropriated for Coopera-
tive Threat Reduction programs for any fiscal year may
be used for the design, planning, or construction of a sec-
ond wing for a storage facility for Russian fissile material.
SEC. 1306. SENSE OF CONGRESS AND REPORT REQUIRE-
MENT REGARDING RUSSIAN PROLIFERATION
TO IRAN.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
296
(1) Russian proliferation to Iran constitutes a
clear threat to the national security and vital inter-
ests of the United States and undermines the pur-
pose and goals of Cooperative Threat Reduction pro-
grams;
(2) such proliferation consists primarily of nu-
clear and missile technology, goods, and know-how,
and dual-use items that could contribute to the de-
velopment of weapons of mass destruction and
ballistic missiles;
(3) because of ongoing Russian assistance, the
intelligence community estimates that Iran could at-
tempt to launch an intercontinental ballistic missile
by 2005, and could possess a nuclear weapon by
2010;
(4) Russian proliferation is providing Iran with
the capability to strike United States military forces,
interests, allies, and friends in the region with weap-
ons-of-mass-destruction-tipped ballistic missiles;
(5) the issue of Russian proliferation to Iran
has been raised by United States officials at the
highest levels of the Russian Government;
(6) Iran has long been identified as a State
sponsor of terrorism by the United States because of
its support of foreign terrorist organizations, and
297
the combination of terrorist organizations and weap-
ons of mass destruction constitutes a grave threat to
the national security of the United States;
(7) Russian proliferation to Iran raises serious
questions regarding the intentions of the Russian
Government, and its commitment to nonproliferation
and improved relations with the United States;
(8) Russian proliferation to Iran could under-
mine Congressional support for Cooperative Threat
Reduction programs; and
(9) the President must safeguard United States
national security and demonstrate United States re-
solve and commitment to stopping the proliferation
of weapons of mass destruction and ballistic missiles
through clear, firm, and coherent policies and strate-
gies that employ the full range of diplomatic and
economic tools at his disposal, both positive and neg-
ative, to halt the serious and continuing problem of
Russian proliferation.
(b) REPORT.—Not later than March 15 of 2003
through 2009, the President shall submit to Congress a
report (in unclassified and classified form as necessary)
describing in detail Russian proliferation of weapons of
mass destruction and ballistic missile goods, technology,
and know-how, and of dual-use items that may contribute
298
to the development of weapons of mass destruction and
ballistic missiles, to Iran and to other countries during the
year preceding the year in which the report is submitted.
The report shall include—
(1) a net assessment prepared by the Office of
Net Assessment of the Department of Defense; and
(2) a detailed description of the following:
(A) The number, type, and quality of di-
rect and dual-use weapons of mass destruction
and ballistic missile goods, items, and tech-
nology being transferred.
(B) The form, location, and manner in
which such transfers take place.
(C) The contribution that such transfers
could make to the recipient States’ weapons of
mass destruction and ballistic missile programs,
and how soon such States will test, possess, and
deploy weapons of mass destruction and
ballistic missiles.
(D) The impact that such transfers have,
or could have, on United States national secu-
rity, on regional friends, allies, and interests,
and on United States military forces deployed
in the region to which such transfers are being
made.
299
(E) The actions being taken by the United
States to counter and defend against capabili-
ties developed by the recipient States as a re-
sult of such transfers.
(F) The strategy, plan, or policy incor-
porating the full range of policy tools available
that the President intends to employ to halt
Russian proliferation, the rationale for employ-
ing such tools, and the timeline by which the
President expects to see material progress in
ending Russian proliferation of direct and dual-
use weapons of mass destruction and missile
goods, technologies, and know-how.
SEC. 1307. PROHIBITION AGAINST USE OF COOPERATIVE
THREAT REDUCTION FUNDS OUTSIDE THE
STATES OF THE FORMER SOVIET UNION.
No Cooperative Threat Reduction funds authorized
or appropriated for any fiscal year may be used for threat
reduction projects, programs, or activities in countries
other than the States of the former Soviet Union.
SEC. 1308. LIMITED WAIVER OF RESTRICTION ON USE OF
FUNDS.
(a) WAIVER AUTHORITY.—(1) The restriction de-
scribed in subsection (d)(5) of section 1203 of the Na-
tional Defense Authorization Act for Fiscal Year 1994
300
(Public Law 103–160; 107 Stat. 1779; 22 U.S.C. 5952)
shall not apply with respect to United States assistance
to Russia if the President submits to Congress a written
certification that waiving the restriction is important to
the national security interests of the United States.
(2) The authority under paragraph (1) shall expire
on December 31, 2005.
(b) REPORT.—Not later than 30 days after the date
that the President applies the waiver authority under sub-
section (a), the President shall submit to Congress a re-
port (in classified and unclassified form as necessary)
describing—
(1) the arms control agreements with which
Russia is not committed to complying, the form or
forms of noncommittal, and detailed evidence of
such noncommittal;
(2) why use of the waiver of authority was im-
portant to protect national security interests; and
(3) a strategy, plan, or policy incorporating the
full range of policy tools available to the President
for promoting Russian commitment to, and compli-
ance with, all relevant arms control agreements.
301
SEC. 1309. LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF REPORT ON DEFENSE AND MILI-
TARY CONTACTS ACTIVITIES.
Not more than 50 percent of fiscal year 2003 Cooper-
ative Threat Reduction Funds may be obligated or ex-
pended for defense and military contacts activities until
the Secretary of Defense submits to Congress a report de-
scribing in detail the operation and success of such activi-
ties carried out under Cooperative Threat Reduction pro-
grams during fiscal years 2001 and 2002. Such report
shall include a description of—
(1) the amounts obligated or expended for such
activities;
(2) the purposes, goals, and objectives for which
such amounts were obligated and expended;
(3) a description of the activities carried out,
including the forms of assistance provided, and the
justification for each form of assistance provided;
(4) the success of each activity, including the
goals and objectives achieved for each;
(5) a description of participation by private sec-
tor entities in the United States in carrying out such
activities, and the participation of any other Federal
department or agency in such activities; and
(6) any other information that the Secretary
considers relevant to provide a complete description
302
of the operation and success of activities carried out
under Cooperative Threat Reduction programs.
TITLE XIV—UTAH TEST AND
TRAINING RANGE
SEC. 1401. DEFINITION OF UTAH TEST AND TRAINING
RANGE.
In this title, the term ‘‘Utah Test and Training
Range’’ means those portions of the military operating
area of the Utah Test and Training Area located solely
in the State of Utah. The term includes the Dugway Prov-
ing Ground.
SEC. 1402. MILITARY OPERATIONS AND OVERFLIGHTS AT
UTAH TEST AND TRAINING RANGE.
(a) FINDINGS.—The Congress finds the following:
(1) The testing and development of military
weapons systems and the training of military forces
are critical to ensuring the national security of the
United States.
(2) The Utah Test and Training Range is a
unique and irreplaceable national asset at the core
of the test and training mission of the Department
of Defense.
(3) Areas designated as wilderness study areas
are located near lands withdrawn for military use
and are beneath special use airspace critical to the
303
support of military test and training missions at the
Utah Test and Training Range.
(4) Continued unrestricted access to the special
use airspace and lands that comprise the Utah Test
and Training Range is a national security priority
and is not incompatible with the protection and
proper management of the natural, environmental,
cultural, and other resources of such lands.
(b) OVERFLIGHTS.—(1) Nothing in this title, the
Wilderness Act (16 U.S.C. 1131 et seq.), or other land
management laws generally applicable to federally des-
ignated wilderness areas or wilderness study areas in the
Utah Test and Training Range shall restrict or preclude
low-level overflights, low-level military overflights and op-
erations of military aircraft, helicopters, unmanned aerial
vehicles, military overflights or military overflights and op-
erations that can be seen or heard within those areas.
(2) Paragraph (1) precludes any restriction regarding
altitude or airspeed, noise level, supersonic flight, route
of flight, time of flight, seasonal usage, or numbers of
flights of any military aircraft, helicopters, unmanned aer-
ial vehicles, missiles, aerospace vehicles, and other military
weapons systems over federally designated wilderness
areas or wilderness study areas in the Utah Test and
Training Range.
304
(3) In this subsection, the term ‘‘low-level’’ includes
any flight down to and including 10 feet above ground
level.
(c) 
SPECIAL
USE
AIRSPACE
AND
TRAINING
ROUTES.—Nothing in this title, the Wilderness Act, or
other land management laws generally applicable to feder-
ally designated wilderness areas or wilderness study areas
in the Utah Test and Training Range shall restrict or pre-
clude the designation of new units of special use airspace,
the expansion of existing units of special use airspace, or
the use or establishment of military training routes over
federally designated wilderness areas or wilderness study
areas in the Utah Test and Training Range.
(d) COMMUNICATIONS AND TRACKING SYSTEMS.—
Nothing in this title, the Wilderness Act, or other land
management laws generally applicable to federally des-
ignated wilderness areas or wilderness study areas in the
Utah Test and Training Range shall be construed to re-
quire the removal of existing communications, instrumen-
tation, or electronic tracking systems from these areas, to
prevent any required maintenance of such systems, or to
prevent the installation of new communication, instrumen-
tation, or other equipment necessary for effective testing
and training to meet military requirements so long as the
installation and maintenance of such systems do not re-
305
quire construction of any permanent roads in any federally
designated wilderness area or wilderness study area.
(e) EMERGENCY ACCESS AND RESPONSE.—(1) Noth-
ing in this title, the Wilderness Act, or other land manage-
ment laws generally applicable to federally designated wil-
derness areas or wilderness study areas in the Utah Test
and Training Range shall restrict or preclude timely ac-
cess to any area necessary to respond to emergency situa-
tions. Immediate access, including access for emergency
and rescue vehicles and equipment, shall not be restricted
if human life or health may be in jeopardy.
(2) Not later than 120 days after the date of the en-
actment of this Act, the Secretary of the Air Force and
the Secretary of Interior shall enter into a memorandum
of understanding providing formal procedures for access
to the federally designated wilderness areas or wilderness
study areas that are located beneath airspace of the Utah
Test and Training Range, which may be necessary to re-
spond to emergency situations, to rescue downed aircrew
members, to investigate accident locations, to recover mili-
tary aircraft or other weapons systems, and to restore ac-
cident locations. Military operations in the Utah Test and
Training Range shall not be limited or restricted in any
way pending completion of the memorandum of under-
standing.
306
(f) CONTROL
OR RESTRICTION
OF PUBLIC AC-
CESS.—(1) When required by national security or public
safety, public access to federally designated wilderness
areas or wilderness study areas in the Utah Test and
Training Range that are located beneath airspace des-
ignated as special use airspace may be controlled, re-
stricted, or prohibited entirely. Such controls, restrictions,
or prohibitions shall remain in force for the minimum du-
ration necessary. The Secretary of the Air Force shall pro-
vide advance notice of such controls, restrictions, or prohi-
bitions to the Secretary of the Interior.
(2) Not later than 120 days after the date of the en-
actment of this Act, the Secretary of the Air Force and
the Secretary of Interior shall enter into a memorandum
of understanding prescribing procedures for implementing
access controls, restrictions, or prohibitions. Military oper-
ations in the Utah Test and Training Range shall not be
limited or restricted in any way pending completion of the
memorandum of understanding.
SEC. 1403. DESIGNATION AND MANAGEMENT OF LANDS IN
UTAH TEST AND TRAINING RANGE.
(a) DESIGNATION.—The following Federal lands that
are in the Utah Test and Training Range are hereby des-
ignated as wilderness:
307
(1) Those lands that were managed pursuant to
the nonimpairment standard set forth in section
603(c) of Public Law 94–579 (43 U.S.C. 1782(c))
on or before January 1, 1991.
(2) Those lands that were acquired by the
United States through donation, exchange, or other
method of acquisition and—
(A) are located entirely within the areas
identified in paragraph (1); or
(B) are located within a logical extension
of the boundaries of the areas identified in
paragraph (1).
(b) PLANNING PROCESS FOR FEDERAL LANDS IN
UTAH TEST AND TRAINING RANGE.—(1) The Secretary
of the Interior shall not continue the plan amendment
process initiated pursuant to section 202 of Public Law
94–579 (43 U.S.C. 1712) and published in the Federal
Register on March 18, 1999 (64 Fed. Reg. 13439), for
Federal lands located in the Utah Test and Training
Range.
(2) The Secretary of the Interior shall not develop,
maintain, or revise land use plans pursuant to section 202
of Public Law 94–579 (43 U.S.C. 1712) for Federal lands
located in the Utah Test and Training Range without the
prior concurrence of the Secretary of the Air Force and
308
the Commander-in-Chief of the military forces of the State
of Utah.
(c) WITHDRAWAL.—Subject to valid existing rights,
the Federal lands in the areas designated as wilderness
by this title are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws, from
location, entry, and patent under the United States min-
ing laws, and from disposition under all laws pertaining
to mineral and geothermal leasing, and mineral materials,
and all amendments to such laws.
(d) WATER.—Nothing in this title or any action
taken pursuant to this title shall constitute an express or
implied reservation of surface or groundwater by any per-
son, including the United States. Nothing in this title af-
fects any valid existing water rights in existence before
the date of the enactment of this Act, including any water
rights held by the United States. If the United States de-
termines that additional water resources are needed for
the purposes of this title, the United States shall acquire
such rights in accordance with the water laws of the State
of Utah.
(e) MAP AND DESCRIPTION.—(1) As soon as prac-
ticable after the date of the enactment of this title, the
Secretary of Interior shall transmit a map and legal de-
scription of the areas designated as wilderness by this title
309
to the Committee on Resources of the House of Represent-
atives and the Committee on Energy and Natural Re-
sources of the Senate.
(2) The map and legal description shall have the
same force and effect as if included in this title, except
that the Secretary of Interior may correct clerical and ty-
pographical errors in the map and legal description.
(3) The map and legal description shall be on file and
available for public inspection in the office of the Director
of the Bureau of Land Management and the office of the
State Director of the Bureau of Land Management in the
State of Utah.
(f) ADMINISTRATION.—(1) Subject to valid existing
rights and this title, the areas designated as wilderness
in this title shall be administered by the Secretary of Inte-
rior in accordance with the provisions of the Wilderness
Act, except that any reference in such provisions to the
effective date of the Wilderness Act (or any similar ref-
erence) shall be deemed to be a reference to the date of
the enactment of this Act.
(2) Any lands or interest in lands within the bound-
aries of an area designated as wilderness by this title that
is acquired by the United States after the date of the en-
actment of this Act shall be added to and administered
310
as part of the wilderness area within which the acquired
lands or interest in lands are located.
(3) The Secretary of the Interior may offer to acquire
lands and interest in lands located within the areas des-
ignated as wilderness by this title. Such lands may be ac-
quired at fair market value under this subsection by pur-
chase from willing sellers, by exchange for lands of ap-
proximately equal value, or by donation.
(4) In furtherance of the purposes and principles of
the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to
support such populations may be carried out within the
areas designated as wilderness by this title where con-
sistent with relevant wilderness management plans, in ac-
cordance with appropriate policies and guidelines such as
those set forth in appendix B of the Report of the Com-
mittee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101–405).
(5) Within the areas designated as wilderness by this
title, the grazing of livestock, where established before the
date of the enactment of this Act, shall be permitted to
continue subject to such reasonable regulations, policies,
and practices as the Secretary of the Interior considers
necessary, as long as such regulations, policies, and prac-
tices fully conform with and implement the intent of Con-
311
gress regarding grazing in such areas, as such intent is
expressed in the Wilderness Act, section 101(f) of Public
Law 101–628, and House Report 101–405, Appendix A.
(6) Congress does not intend for the designation of
the wilderness in this title to lead to the creation of protec-
tive perimeters or buffer zones around any area designated
as wilderness by this title. The fact that nonwilderness ac-
tivities or uses can be seen or heard within the areas des-
ignated as wilderness by this title shall not, of itself, pre-
clude such activities or uses up to the boundary of that
wilderness.
(7) Until completion of a full revision of the Pony
Express Area Resource Management Plan, dated January
12, 1990, by the Salt Lake Field Office of the Bureau
of Land Management, the Secretary of Interior shall not
grant or issue any authorizations pursuant to section
501(a)(6) of Public Law 94–579 (43 U.S.C. 1761(a)(6))
upon Federal lands identified as inventory units UTU-
020-088, UTU-020-095, UTU-020-096, and UTU-020-
100, as generally depicted on the map entitled ‘‘Wilder-
ness Inventory, State of Utah’’, dated August 1979.
SEC. 1404. DESIGNATION OF PILOT RANGE WILDERNESS.
Certain Federal lands in Box Elder County, Utah,
as generally depicted on the map entitled ‘‘Pilot Range
Wilderness’’, and dated October 1, 2001, are hereby des-
312
ignated as wilderness, and shall be known as the Pilot
Range Wilderness Area.
SEC. 1405. DESIGNATION OF CEDAR MOUNTAIN WILDER-
NESS.
Certain Federal lands in Tooele County, Utah, as
generally depicted on the map entitled ‘‘Cedar Mountain
Wilderness’’, and dated May 1, 2002, are hereby des-
ignated as wilderness, and shall be known as the Cedar
Mountain Wilderness Area.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2003’’.
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(1), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
313
Army: Inside the United States
State
Installation or location
Amount
Alabama ........................
Anniston Army Depot ......................
$1,900,000
Fort Rucker .....................................
$3,050,000
Redstone Arsenal .............................
$1,950,000
Alaska ...........................
Fort Wainwright ..............................
$111,010,000
Arizona ..........................
Fort Huachuca .................................
$10,400,000
Yuma Proving Ground .....................
$4,500,000
Arkansas .......................
Pine Bluff Arsenal ...........................
$18,937,000
California ......................
Monterey Defense Language Insti-
tute ...............................................
$1,500,000
Colorado ........................
Fort Carson .....................................
$5,350,000
District of Columbia .....
Walter Reed Army Medical Center ..
$9,950,000
Georgia ..........................
Fort Benning ...................................
$74,250,000
Fort 
Stewart/Hunter 
Army 
Air
Field .............................................
$26,000,000
Hawaii ...........................
Schofield Barracks ...........................
$191,000,000
Kansas ..........................
Fort Leavenworth ............................
$3,150,000
Fort Riley .........................................
$51,950,000
Kentucky .......................
Blue Grass Army Depot ..................
$5,500,000
Fort Campbell ..................................
$106,300,000
Louisiana ......................
Fort Polk .........................................
$31,000,000
Maryland .......................
Fort Detrick .....................................
$22,500,000
Massachusetts ...............
Natick Research Development and
Engineering Center ......................
$4,100,000
Missouri ........................
Fort Leonard Wood .........................
$15,500,000
New Jersey ....................
Picatinny Arsenal .............................
$7,500,000
New York ......................
Fort Drum .......................................
$18,300,000
North Carolina ..............
Fort Bragg .......................................
$94,900,000
Pennsylvania .................
Letterkenny Army Depot .................
$1,550,000
Texas .............................
Fort Bliss .........................................
$10,200,000
Fort Hood ........................................
$85,000,000
Virginia .........................
Fort Lee ...........................................
$5,200,000
Washington ...................
Fort Lewis .......................................
$53,800,000
Total .........................................
$976,247,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the fol-
lowing table:
Army: Outside the United States
Country
Installation or location
Amount
Belgium ................................
Supreme Headquarters, Allied Pow-
ers Europe ...................................
$13,600,000
Germany ...............................
Area Support Group, Bamberg ......
$17,200,000
Campbell Barracks .........................
$8,300,000
Coleman Barracks ..........................
$1,350,000
314
Army: Outside the United States—Continued
Country
Installation or location
Amount
Darmstadt .......................................
$3,500,000
Grafenwoehr ....................................
$69,866,000
Landstuhl ........................................
$2,400,000
Mannheim .......................................
$42,000,000
Schweinfurt .....................................
$2,000,000
Italy ......................................
Vicenza ............................................
$34,700,000
Korea ....................................
Camp Carroll ..................................
$20,000,000
Camp Castle ....................................
$6,800,000
Camp Hovey ...................................
$25,000,000
Camp Humphreys ...........................
$36,000,000
Camp Henry ...................................
$10,000,000
K16 Airfield ....................................
$40,000,000
Yongsan ..........................................
$12,600,000
Total ...............................................
$345,316,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(3), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the installation and location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide .........
Unspecified Worldwide ...................
$4,000,000
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the
installations, for the purposes, and in the amounts set
forth in the following table:
315
Army: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
Alaska ...........................
Fort Wainwright .........
38 Units ..........
$17,752,000
Arizona .........................
Yuma Proving Ground
33 Units ..........
$6,100,000
Germany .......................
Stuttgart .....................
1 Unit ..............
$990,000
Korea ............................
Yongsan .......................
10 Units ..........
$3,100,000
Total: ...................
$27,942,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of family housing units in an amount not
to exceed $15,653,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(A),
the Secretary of the Army may improve existing military
family housing units in an amount not to exceed
$234,831,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2002, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $2,935,609,000 as follows:
316
(1) For military construction projects inside the
United States authorized by section 2101(a),
$803,247,000.
(2) For military construction projects outside
the United States authorized by section 2101(b),
$345,316,000.
(3) For military construction projects at un-
specified worldwide locations authorized by section
2101(c), $4,000,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $21,550,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $158,796,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design and improvement of military
family housing and facilities, $278,426,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$1,122,274,000.
(7) For the construction of phase 3 of a bar-
racks complex, Butner Road, at Fort Bragg, North
317
Carolina, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, as
enacted into law by Public Law 106–398; 114 Stat.
1654A–389), $50,000,000.
(8) For the construction of phase 2 of a bar-
racks complex, D Street, at Fort Richardson, Alas-
ka, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107–107; 115 Stat.
1280), $21,000,000.
(9) For the construction of phase 2 of a bar-
racks complex, Nelson Boulevard, at Fort Carson,
Colorado, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat.
1280), as amended by section 2105 of this Act,
$42,000,000.
(10) For the construction of phase 2 of a basic
combat trainee complex at Fort Jackson, South
Carolina, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat.
318
1280), as amended by section 2105 of this Act,
$39,000,000.
(11) For the construction of phase 2 of a bar-
racks complex, 17th and B Streets at Fort Lewis,
Washington, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115
Stat. 1280), $50,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2101 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of sub-
section (a);
(2) $18,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
barracks complex, Main Post, at Fort Benning,
Georgia);
(3) $100,000,000 (the balance of the amount
authorized under section 2101(a) for construction of
a barracks complex, Capron Avenue, at Schofield
Barracks, Hawaii);
319
(4) $50,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
barracks complex, Range Road, at Fort Campbell,
Kentucky); and
(5) $5,000,000 (the balance of the amount au-
thorized under section 2101(a) for a military con-
struction project at Fort Bliss, Texas).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (11)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by
$13,676,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange
rates for military construction, military family housing
construction, and military family housing support outside
the United States and savings resulting from favorable
bids, reduced overhead charges, and cancellations due to
force structure changes.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2002 PROJECTS.
(a) MODIFICATION.—The table in section 2101(a) of
the Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107-107; 115 Stat.
1281) is amended—
320
(1) in the item relating to Fort Carson, Colo-
rado, by striking ‘‘$66,000,000’’ in the amount col-
umn and inserting ‘‘$67,000,000’’; and
(2) in the item relating to Fort Jackson, South
Carolina, by striking ‘‘$65,650,000’’ in the amount
column and inserting ‘‘$68,650,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104(b)
of that Act (115 Stat. 1284) is amended—
(1) 
in 
paragraph 
(3), 
by 
striking
‘‘$41,000,000’’ and inserting ‘‘$42,000,000’’; and
(2) 
in 
paragraph 
(4), 
by 
striking
‘‘$36,000,000’’ and inserting ‘‘$39,000,000’’.
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(1), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona ..........................
Marine Corps Air Station, Yuma ...........
$3,000,000
California ......................
Auxiliary Landing Field, San Diego
(San Clemente Island) ........................
$6,150,000
Marine Corps Air-Ground Combat Cen-
ter, Twentynine Palms .......................
$40,870,000
321
Navy: Inside the United States—Continued
State
Installation or location
Amount
Marine Corps Air Station, Camp Pen-
dleton ..................................................
$31,930,000
Marine Corps Air Station, Miramar ......
$12,210,000
Marine Corps Base, Camp Pendleton ....
$64,040,000
Marine Corps Logistics Base, Barstow ..
$4,450,000
Naval Air Station, Lemoore ...................
$35,855,000
Naval Air Warfare Center, Point Mugu,
San Nicholas Island ............................
$6,760,000
Naval Air Weapons Station, China Lake
$10,100,000
Naval Post Graduate School, Monterey
$9,020,000
Naval Station, San Diego .......................
$12,210,000
Connecticut ...................
Naval Submarine Base, New London ....
$7,880,000
District of Columbia .....
Marine Corps Barracks ..........................
$3,700,000
Naval District, Washington ....................
$2,690,000
Florida ..........................
Naval Air Base, Jacksonville ..................
$13,342,000
Naval Air Station, Pensacola .................
$990,000
Naval School Explosive Ordinance De-
tachment, Eglin ..................................
$6,350,000
Naval Station, Mayport ..........................
$1,900,000
Whiting Field .........................................
$1,780,000
Georgia ..........................
Naval Submarine Base, Kings Bay ........
$1,580,000
Hawaii ...........................
Naval Shipyard, Pearl Harbor ...............
$18,500,000
Naval Station, Pearl Harbor ..................
$14,690,000
Illinois ...........................
Naval Training Center, Great Lakes .....
$93,190,000
Indiana ..........................
Crane Naval Surface Weapons Station ..
$11,610,000
Maine ............................
Naval Shipyard, Kittery-Portsmouth .....
$15,200,000
Maryland .......................
Naval Air Facility, Andrews Air Force
Base ....................................................
$9,680,000
United States Naval Academy ...............
$1,800,000
Mississippi .....................
Naval Air Station, Meridian ...................
$2,850,000
Naval Construction Battalion Center,
Gulfport ..............................................
$5,460,000
Naval Station, Pascagoula .....................
$16,160,000
Nevada ..........................
Naval Air Station, Fallon .......................
$4,010,000
New Jersey ....................
Naval Weapons Center, Lakehurst ........
$5,200,000
Naval Weapons Station Earle, Colts
Neck ....................................................
$5,600,000
North Carolina ..............
Marine Corps Air Station, Cherry Point
$10,470,000
Marine Corps Air Station, New River ....
$6,920,000
Marine Corps Base, Camp Lejeune .......
$9,570,000
Rhode Island .................
Naval Station, Newport ..........................
$6,870,000
South Carolina ..............
Marine Corps Air Station, Beaufort ......
$13,700,000
Marine Corps Recruit Depot, Parris Is-
land .....................................................
$10,490,000
Naval Weapons Station, Charlestown ....
$5,740,000
Texas .............................
Naval Air Station, Corpus Christi ..........
$7,150,000
Naval Air Station Joint Reserve Base,
Fort Worth .........................................
$8,850,000
Naval Air Station, Kingsville .................
$6,210,000
Virginia .........................
Dam Neck Fleet Combat Training Cen-
ter, Atlantic ........................................
$3,900,000
Little Creek Naval Amphibious Base .....
$9,770,000
Marine Corps Combat Development
Command, Quantico ...........................
$24,864,000
Naval Air Station Oceana ......................
$16,490,000
Naval Shipyard, Norfolk, Portsmouth ...
$19,660,000
Naval Station, Norfolk ...........................
$171,505,000
Naval Surface Warfare Center, Dahl-
gren .....................................................
$15,830,000
Naval Weapons Station, Yorktown ........
$15,020,000
Washington ...................
Naval Air Station, Whidbey Island ........
$17,580,000
Keyport Naval Undersea Warfare Com-
mand ...................................................
$10,500,000
322
Navy: Inside the United States—Continued
State
Installation or location
Amount
Naval Magazine, Indian Island ..............
$4,030,000
Naval Station, Bremerton ......................
$45,870,000
Naval Submarine Base, Bangor .............
$22,310,000
Puget Sound Naval Shipyard, Brem-
erton ....................................................
$57,132,000
Strategic Weapons Facility, Bangor ......
$7,340,000
Various Locations .........
Host Nation Infrastructure ....................
$1,000,000
Total ...............................................
$1,009,528,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
Country
Installation or location
Amount
Bahrain ..........................
Naval Support Activity, Bahrain ............
$25,970,000
Diego Garcia ..................
Diego Garcia, Naval Support Facility .....
$11,090,000
Greece .............................
Naval Support Activity, Joint Head-
quarters Command, Larissa ................
$14,800,000
Guam ..............................
Commander, 
United 
States 
Naval
Forces, Guam ......................................
$13,400,000
Iceland ............................
Naval Air Station, Keflavik .....................
$14,920,000
Italy ................................
Naval Air Station, Sigonella ...................
$55,660,000
Total ................................................
$135,840,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(5)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the
installations, for the purposes, and in the amounts set
forth in the following table:
323
Navy: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
California ................
Naval Air Station,
Lemoore ...................
178 Units ........
$40,981,000
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine
Palms .......................
76 Units ..........
$19,425,000
Connecticut .............
Naval Submarine Base,
New London .............
100 Units ........
$24,415,000
Florida ....................
Naval Station, Mayport
1 Unit ..............
$329,000
Hawaii .....................
Marine Corps Base,
Kaneohe Bay ............
65 Units ..........
$24,797,000
Maine ......................
Naval Air Station,
Brunswick ................
26 Units ..........
$5,800,000
Mississippi ...............
Naval Air Station, Me-
ridian ........................
56 Units ..........
$9,755,000
North Carolina ........
Marine Corps Base,
Camp LeJeune .........
317 Units ........
$43,650,000
Virginia ...................
Marine Corps Base,
Quantico ...................
290 Units ........
$41,843,000
United Kingdom ....
Joint Maritime Facility,
St. Mawgan ..............
62 Units ..........
$18,524,000
Total ........
$229,519,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriation in
section 2204(a)(5)(A), the Secretary of the Navy may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of military family housing units in an
amount not to exceed $11,281,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(5)(A),
the Secretary of the Navy may improve existing military
324
family housing units in an amount not to exceed
$136,816,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2002, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,308,007,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$776,806,000.
(2) For military construction projects outside
the United States authorized by section 2201(b),
$133,270,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $23,262,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $95,745,000.
(5) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $377,616,000.
325
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $867,788,000.
(6) For replacement of a pier at Naval Station,
Norfolk, Virginia, authorized in section 2201(a) of
the Military Construction Authorization Act for Fis-
cal Year 2002 (division B of Public Law 107–107;
115 Stat. 1287), as amended by section 2205 of this
Act, $33,520,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
(2) $48,120,000 (the balance of the amount au-
thorized under section 2201(a) for a bachelors en-
listed quarters shipboard ashore, Naval Station,
Norfolk, Virginia); and
(3) $2,570,000 (the balance of the amount au-
thorized under section 2201(b) for a quality of life
support facility, Naval Air Station Sigonella, Italy).
326
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (6)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by
$1,340,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange
rates for military construction, military family housing
construction, and military family housing support outside
the United States and savings resulting from favorable
bids, reduced overhead charges, and cancellations due to
force structure changes.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2002 PROJECT.
(a) MODIFICATION.—The table in section 2201(a) of
the Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115 Stat.
1286) is amended—
(1) in the item relating to Naval Station, Nor-
folk, Virginia, by striking ‘‘$139,270,000’’ in the
amount column and inserting ‘‘$139,550,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$1,059,030,000’’.
327
(b) CONFORMING AMENDMENT.—Section 2204(b)(2)
of that Act (115 Stat. 1289) is amended by striking
‘‘$33,240,000’’ and inserting ‘‘$33,520,000’’.
TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(1), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama ................................
Maxwell Air Force Base ...................
$8,000,000
Alaska ...................................
Clear Air Station ..............................
$14,400,000
Eielson Air Force Base ....................
$21,600,000
Arizona ..................................
Davis-Monthan Air Force Base ........
$19,270,000
Luke Air Force Base ........................
$13,000,000
Arkansas ...............................
Little Rock Air Force Base ..............
$25,600,000
California ..............................
Beale Air Force Base .......................
$11,740,000
Travis Air Force Base ......................
$9,600,000
Vandenberg Air Force Base .............
$10,500,000
Colorado ................................
Buckley Air National Guard Base ...
$17,700,000
Peterson Air Force Base ..................
$2,000,000
Schriever Air Force Base .................
$5,700,000
United States Air Force Academy ...
$9,400,000
District of Columbia .............
Bolling Air Force Base .....................
$1,500,000
Florida ..................................
Elgin Air Force Base .......................
$4,250,000
Hurlburt Field ..................................
$15,000,000
McDill Air Force Base .....................
$21,000,000
Tyndall Air Force Base ....................
$8,100,000
Georgia ..................................
Robins Air Force Base .....................
$5,400,000
Hawaii ...................................
Hickam Air Force Base ...................
$1,350,000
Kansas ..................................
McConnell Air Force Base ...............
$7,500,000
Louisiana ..............................
Barksdale Air Force Base ................
$10,900,000
Maryland ...............................
Andrews Air Force Base ..................
$9,600,000
Massachusetts .......................
Hanscom Air Force Base .................
$7,700,000
Mississippi .............................
Keesler Air Force Base ....................
$22,000,000
Nevada ..................................
Nellis Air Force Base .......................
$37,350,000
New Jersey ............................
McGuire Air Force Base ..................
$24,631,000
New Mexico ...........................
Cannon Air Force Base ....................
$4,650,000
Holloman Air Force Base ................
$4,650,000
328
Air Force: Inside the United States—Continued
State
Installation or location
Amount
Kirtland Air Force Base ..................
$21,900,000
North Carolina ......................
Pope Air Force Base ........................
$9,700,000
Ohio .......................................
Wright-Patterson Air Force Base ....
$25,000,000
Oklahoma ..............................
Tinker Air Force Base .....................
$7,500,000
South Carolina ......................
Shaw Air Force Base .......................
$6,800,000
Texas .....................................
Lackland Air Force Base .................
$37,300,000
Laughlin Air Force Base ..................
$8,000,000
Sheppard Air Force Base .................
$24,000,000
Utah ......................................
Hill Air Force Base ..........................
$14,500,000
Virginia .................................
Langley Air Force Base ...................
$71,940,000
Total .................................................
$580,731,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Outside the United States
Country
Installation or location
Amount
Diego Garcia .........................
Diego Garcia .....................................
$17,100,000
Germany ................................
Ramstein Air Force Base .................
$71,783,000
Guam .....................................
Andersen Air Force Base .................
$31,000,000
Italy .......................................
Aviano Air Force Base .....................
$6,600,000
Japan ....................................
Kadena Air Force Base ....................
$6,000,000
Korea .....................................
Osan Air Base ..................................
$15,100,000
Spain .....................................
Naval Station, Rota ..........................
$31,818,000
Turkey ...................................
Incirlik Air Force Base ....................
$1,550,000
United Kingdom ....................
Royal Air Force, Fairford ................
$19,000,000
Royal Air Force, Lakenheath ...........
$13,400,000
Wake Island ..........................
Wake Island ......................................
$24,900,000
Total .........................................
$238,251,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(3), the Secretary of the Air Force
may acquire real property and carry out military construc-
329
tion projects for the installation and location, and in the
amount, set forth in the following table:
Air Force: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide ..........
Classified Location ...........................
$32,562,000
Total .........................................
$32,562,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(6)(A), the Secretary of the
Air Force may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations, for the purposes, and in the amounts set
forth in the following table:
Air Force: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
Arizona .........................
Luke Air Force Base ..
140 Units ........
$18,954,000
California ......................
Travis Air Force Base
110 Units ........
$24,320,000
Colorado .......................
Peterson Air Force
Base .........................
2 Units ............
$959,000
United States Air
Force Academy ........
71 Units ..........
$12,424,000
Delaware .......................
Dover Air Force Base
112 Units ........
$19,615,000
Florida ..........................
Eglin Air Force Base ..
Housing Office
$597,000
Eglin Air Force Base ..
134 Units ........
$15,906,000
MacDill Air Force
Base .........................
96 Units ..........
$18,086,000
Hawaii ..........................
Hickam Air Force
Base .........................
96 Units ..........
$29,050,000
Idaho ............................
Mountain Home Air
Force Base ..............
95 Units ..........
$24,392,000
Kansas ..........................
McConnell Air Force
Base .........................
Housing Main-
tenance Fa-
cility .............
$1,514,000
Maryland ......................
Andrews Air Force
Base .........................
53 Units ..........
$9,838,000
Andrews Air Force
Base .........................
52 Units ..........
$8,807,000
Mississippi ....................
Columbus Air Force
Base .........................
Housing Office
$412,000
Keesler Air Force Base
117 Units ........
$16,505,000
Missouri ........................
Whiteman Air Force
Base .........................
97 Units ..........
$17,107,000
330
Air Force: Family Housing—Continued
State or Country
Installation or loca-
tion
Purpose
Amount
Montana .......................
Malmstrom Air Force
Base .........................
18 Units ..........
$4,717,000
New Mexico ..................
Holloman Air Force
Base .........................
101 Units ........
$20,161,000
North Carolina .............
Pope Air Force Base ...
Housing Main-
tenance Fa-
cility .............
$991,000
Seymour Johnson Air
Force Base ..............
126 Units ........
$18,615,000
North Dakota ...............
Grand Forks Air Force
Base .........................
150 Units ........
$30,140,000
Minot Air Force Base
112 Units ........
$21,428,000
Minot Air Force Base
102 Units ........
$20,315,000
Oklahoma .....................
Vance Air Force Base
59 Units ..........
$11,423,000
South Dakota ...............
Ellsworth Air Force
Base .........................
Housing Main-
tenance Fa-
cility .............
$447,000
Ellsworth Air Force
Base .........................
22 Units ..........
$4,794,000
Texas ............................
Dyess Air Force Base
85 Units ..........
$14,824,000
Randolph Air Force
Base .........................
Housing Main-
tenance Fa-
cility .............
$447,000
Randolph Air Force
Base .........................
112 Units ........
$14,311,000
Virginia .........................
Langley Air Force
Base .........................
Housing Office
$1,193,000
Germany .......................
Ramstein Air Force
Base .........................
19 Units ..........
$8,534,000
Korea ............................
Osan Air Base .............
113 Units ........
$35,705,000
Osan Air Base .............
Housing Supply
Warehouse ...
$834,000
United Kingdom ...........
Royal Air Force,
Lakenheath ..............
Housing Office
and Mainte-
nance Facil-
ity ................
$2,203,000
Total ............................
$429,568,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of military family housing units in an
amount not to exceed $34,188,000.
331
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, Unites States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(6)(A),
the Secretary of the Air Force may improve existing mili-
tary family housing units in an amount not to exceed
$217,286,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2002, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $2,495,094,000, as fol-
lows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$580,731,000.
(2) For military construction projects outside
the United States authorized by section 2301(b),
$238,251,000.
(3) For the military construction projects at
unspecified worldwide locations authorized by section
2301(c), $32,562,000.
332
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $11,500,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $76,958,000.
(6) For military housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $681,042,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $874,050,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2301 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1), (2) and (3) of subsection
(a).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (6)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by
333
$10,281,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange
rates for military construction, military family housing
construction, and military family housing support outside
the United States and savings resulting from favorable
bids, reduced overhead charges, and cancellations due to
force structure changes.
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(1), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Missile Defense Agency .........
Kauai, Hawaii ...................................
$23,400,000
Defense Intelligence Agency
Bolling Air Force Base, District of
Columbia .......................................
$121,958,000
Defense Logistics Agency .....
Columbus, Ohio ................................
$5,021,000
Defense Supply Center, Richmond,
Virginia .........................................
$5,500,000
Naval Air Station, New Orleans,
Louisiana ......................................
$9,500,000
Travis Air Force Base, California ....
$16,000,000
Defense Threat Reduction
Agency ...............................
Fort Belvoir, Virginia .......................
$76,388,000
Department of Defense De-
pendents Schools ...............
Fort Bragg, North Carolina .............
$2,036,000
Fort Jackson, South Carolina ..........
$2,506,000
Marine Corps Base, Camp Lejeune,
North Carolina ..............................
$12,138,000
334
Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Marine Corps Base, Quantico, Vir-
ginia ..............................................
$1,418,000
United States Military Academy,
West Point, New York ..................
$4,347,000
Fort Meade, Maryland .....................
$4,484,000
Joint Chiefs of Staff .............
Peterson Air Force Base, Colorado ..
$18,400,000
National Security Agency .....
Fort Bragg, North Carolina .............
$30,800,000
Special Operations Command
Hurlburt Field, Florida ....................
$11,100,000
Naval 
Amphibious 
Base, 
Little
Creek, Virginia .............................
$14,300,000
TRICARE Management Ac-
tivity ..................................
Elmendorf Air Force Base, Alaska ..
$10,400,000
Hickam Air Force Base, Hawaii ......
$2,700,000
Total .........................................
$372,396,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(2), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the fol-
lowing table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Logistics Agency .....
Andersen Air Force Base, Guam .....
$17,586,000
Naval 
Forces 
Marianas 
Islands,
Guam ............................................
$6,000,000
Naval Station, Rota, Spain ..............
$23,400,000
Royal Air Force, Fairford, United
Kingdom .......................................
$17,000,000
Yokota Air Base, Japan ...................
$23,000,000
Department of Defense De-
pendents Schools ...............
Kaiserslautern, Germany ..................
$957,000
Lajes Field, Azores, Portugal ..........
$1,192,000
Seoul, Korea .....................................
$31,683,000
Supreme Headquarters, Allied Pow-
ers Europe, Belgium .....................
$1,573,000
Spangdahlem Air Base, Germany ....
$997,000
Vicenza, Italy ....................................
$2,117,000
TRICARE Management Ac-
tivity ..................................
Naval 
Support 
Activity, 
Naples,
Italy ..............................................
$41,449,000
Spangdahlem Air Base, Germany ....
$39,629,000
Total .........................................
$206,583,000
335
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2404(a)(8)(A),
the Secretary of Defense may improve existing military
family housing units in an amount not to exceed
$5,530,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(4), the Sec-
retary of Defense may carry out energy conservation
projects under section 2865 of title 10, United States
Code, in the amount of $49,531,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2002, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments) in the total
amount of $1,417,779,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$335,796,000.
336
(2) For military construction projects outside
the United States authorized by section 2401(b),
$206,583,000.
(3) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$16,293,000.
(4) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $10,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $45,432,000.
(6) For energy conservation projects authorized
by section 2403 of this Act, $49,531,000.
(7) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note),
$545,138,000.
(8) For military family housing functions:
(A) For improvement of military family
housing and facilities, $5,480,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $42,432,000.
337
(C) For credit to the Department of De-
fense Housing Improvement Fund established
by section 2883(a) of title 10, United States
Code, as amended by section 2801 of this Act,
$2,000,000.
(9) For payment of a claim against the Hos-
pital Replacement project at Elmendorf Air Force
Base, Alaska, $10,400,000.
(10) For the construction of phase 4 of an am-
munition demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1997 (division B of Public Law 104–201;
110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 
839) 
and 
section 
2407 
of 
this 
Act,
$38,000,000.
(11) For the construction of phase 5 of an am-
munition demilitarization facility at Newport Army
Depot, Indiana, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105–261; 112
Stat. 2193), as amended by section 2406 of this Act,
$61,494,000.
338
(12) For the construction of phase 5 of an am-
munition demilitarization facility at Aberdeen Prov-
ing Ground, Maryland, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law
105–261; 112 Stat. 2193), as amended by section
2406 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107–
107; 115 Stat. 1299), $30,600,000.
(13) For the construction of phase 3 of an am-
munition demilitarization facility at Blue Grass
Army Depot, Kentucky, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law
106–65; 113 Stat. 835), as amended by section
2405 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107–
107; 115 Stat. 1298) and section 2405 of this Act,
$10,300,000.
(14) For the construction of phase 3 of an am-
munition demilitarization support facility at Blue
Grass Army Depot, Kentucky, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law
106–65; 113 Stat. 835), $8,300,000.
339
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2401 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a); and
(2) $26,200,000 (the balance of the amount au-
thorized under section 2401(a) for the construction
of the Defense Threat Reduction Center, Fort
Belvoir, Virginia).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (14)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by
$42,833,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange
rates for military construction, military family housing
construction, and military family housing support outside
the United States and savings resulting from favorable
bids, reduced overhead charges, and cancellations due to
force structure changes.
340
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECT.
(a) MODIFICATION.—The table in section 2401(a) of
the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113 Stat.
835), as amended by section 2405 of the Military Con-
struction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1298), is further
amended—
(1) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Blue
Grass 
Army 
Depot, 
Kentucky, 
by 
striking
‘‘$254,030,000’’ in the amount column and inserting
‘‘$290,325,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$748,245,000’’.
(b) CONFORMING AMENDMENT.—Section 2405(b)(3)
of that Act (113 Stat. 839), as so amended, is further
amended by striking ‘‘$231,230,000’’ and inserting
‘‘$267,525,000’’.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1999 PROJECT.
(a) MODIFICATION.—The table in section 2401(a) of
the Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105–261; 112 Stat.
341
2193), as amended by section 2406 of the Military Con-
struction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1299), is amended—
(1) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Newport
Army Depot, Indiana, by striking ‘‘$191,550,000’’
in 
the 
amount 
column 
and 
inserting
‘‘$293,853,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$829,919,000’’.
(b) CONFORMING AMENDMENT.—Section 2404(b)(2)
of that Act (112 Stat. 2196) is amended by striking
‘‘$162,050,000’’ and inserting ‘‘$264,353,000’’.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1997 PROJECT.
(a) MODIFICATION.—The table in section 2401(a) of
the Military Construction Authorization Act for Fiscal
Year 1997 (division B of Public Law 104–201; 110 Stat.
2775), as amended by section 2406 of the Military Con-
struction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106–65; 113 Stat. 839), is further
amended—
(1) under the agency heading relating to Chem-
ical Demilitarization Program, in the item relating
342
to Pueblo Chemical Activity, Colorado, by striking
‘‘$203,500,000’’ in the amount column and inserting
‘‘$261,000,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$607,454,000’’.
(b) CONFORMING AMENDMENT.—Section 2406(b)(2)
of that Act (110 Stat. 2779), as so amended, is further
amended by striking ‘‘$203,500,000’’ and inserting
‘‘$261,000,000’’.
TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States.
343
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for con-
tributions by the Secretary of Defense under section 2806
of title 10, United States Code, for the share of the United
States of the cost of projects for the North Atlantic Treaty
Organization Security Investment program authorized by
section 2501, in the amount of $168,200,000.
TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal years beginning after September 30,
2002, for the costs of acquisition, architectural and engi-
neering services, and construction of facilities for the
Guard and Reserve Forces, and for contributions there
for, under chapter 1803 of title 10, United States Code
(including the cost of acquisition of land for those facili-
ties), the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $170,793,000; and
(B) for the Army Reserve, $86,789,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $66,971,000.
344
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $119,266,000; and
(B) 
for 
the 
Air 
Force 
Reserve,
$68,576,000.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program
(and authorizations of appropriations therefor) shall ex-
pire on the later of—
(1) October 1, 2005; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2006.
(b) EXCEPTION.—Subsection (a) shall not apply to
authorizations for military construction projects, land ac-
345
quisition, family housing projects, and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor) for which appropriated funds have been
obligated before the later of—
(1) October 1, 2005; or
(2) the date of the enactment of an Act author-
ized funds for fiscal year 2005 for military construc-
tion projects, land acquisition, family housing
projects and facilities, and contributions to the
North Atlantic Treaty Organization Security Invest-
ment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 2000 PROJECTS.
(a) EXTENSION OF CERTAIN PROJECTS.—Notwith-
standing section 2701 of the Military Construction Au-
thorization Act for Fiscal Year 2000 (division B of Public
Law 106–65; 113 Stat. 841), authorizations set forth in
the tables in subsection (b), as provided in section 2302
or 2601 of that Act, shall remain in effect until October
1, 2003, or the date of the enactment of an Act author-
izing funds for military construction for fiscal year 2004,
whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
346
Air Force: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Oklahoma .....................
Tinker Air Force Base
Replace Family
Housing (41
Units) ..........
$6,000,000
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Virginia .........................
Fort Pickett ................
Multi-Purpose
Range Com-
plex–Heavy ..
$13,500,000
(c) EXTENSION
OF ADDITIONAL PROJECT.—Not-
withstanding any other provision of law, the authorization
set forth in the table in subsection (d), as provided in sec-
tion 8160 of the Department of Defense Appropriations
Act, 2000 (Public Law 106–79; 113 Stat. 1274), shall re-
main in effect until October 1, 2003, or the date of the
enactment of an Act authorizing funds for military con-
struction for fiscal year 2004, whichever is later.
(d) TABLE
FOR
EXTENSION
OF
ADDITIONAL
PROJECT.—The table referred to in subsection (c) is as
follows:
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Pennsylvania .................
Connellsville .................
Readiness Cen-
ter ................
$1,700,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1999 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
347
Year 1999 (division B of Public Law 105–261; 112 Stat.
2199), authorizations set forth in the table in subsection
(b), as provided in section 2302 of that Act and extended
by section 2702 of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law
107–107; 115 Stat. 1301), shall remain in effect until Oc-
tober 1, 2003, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2004, whichever is later.
(b) TABLE.—The table referred to in subsection (a)
is as follows:
Air Force: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Delaware .......................
Dover Air Force Base
Replace Family
Housing (55
Units) ..........
$8,988,000
Florida ..........................
Patrick Air Force Base
Replace Family
Housing (46
Units) ..........
$9,692,000
New Mexico ..................
Kirtland Air Force
Base .........................
Replace Family
Housing (37
Units) ..........
$6,400,000
Ohio ..............................
Wright-Patterson Air
Force Base ..............
Replace Family
Housing (40
Units) ..........
$5,600,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
of this Act shall take effect on the later of—
(1) October 1, 2002; or
(2) the date of the enactment of this Act.
348
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. CHANGES TO ALTERNATIVE AUTHORITY FOR AC-
QUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) AUTHORIZED UTILITIES AND SERVICES.—Sec-
tion 2872a(b) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
‘‘(11) Firefighting and fire protection services.
‘‘(12) Police protection services.’’.
(b) LEASING OF HOUSING.—Subsection (a) of section
2874 of such title is amended to read as follows:
‘‘(a) LEASE AUTHORIZED.—(1) The Secretary con-
cerned may enter into contracts for the lease of housing
units that the Secretary determines are suitable for use
as military family housing or military unaccompanied
housing.
‘‘(2) The Secretary concerned shall utilize housing
units leased under paragraph (1) as military family hous-
ing or military unaccompanied housing, as appropriate.’’.
(c) REPEAL OF INTERIM LEASE AUTHORITY.—Sec-
tion 2879 of such title is repealed.
349
(d) SPACE LIMITATIONS BY PAY GRADE.—Section
2880(b)(2) of such title is amended by striking ‘‘unless
the unit is located on a military installation’’.
(e) DEPARTMENT OF DEFENSE HOUSING FUND.—
(1) Section 2883 of such title is amended by striking sub-
sections (a), (b), and (c) inserting the following new sub-
sections (a) and (b):
‘‘(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury an account to be known as
the Department of Defense Housing Improvement Fund
(in this section referred to as the ‘Fund’).
‘‘(b) CREDITS TO FUND.—There shall be credited to
the Fund the following:
‘‘(1) Amounts authorized for and appropriated
to the Fund.
‘‘(2) Subject to subsection (e), any amounts
that the Secretary of Defense transfers, in such
amounts as are provided for in appropriation Acts,
to the Fund from amounts authorized and appro-
priated to the Department of Defense for the acqui-
sition or construction of military family housing or
military unaccompanied housing.
‘‘(3) Proceeds from the conveyance or lease of
property or facilities under section 2878 of this title
for the purpose of carrying out activities under this
350
subchapter with respect to military family housing
or military unaccompanied housing.
‘‘(4) Income derived from any activities under
this subchapter with respect to military family hous-
ing or military unaccompanied housing, income and
gains realized from investments under section 2875
of this title, and any return of capital invested as
part of such investments.
‘‘(5) Any amounts that the Secretary of the
Navy transfers to the Fund pursuant to section
2814(i)(3) of this title, subject to the restrictions on
the use of the transferred amounts specified in that
section.’’.
(2) Such section is further amended—
(A) by redesignating subsections (d) through
(g) as (c) through (f), respectively;
(B) in subsection (c), as so redesignated—
(i) in the subsection heading, by striking
‘‘FUNDS’’ and inserting ‘‘FUND’’;
(ii) in paragraph (1)—
(I) by striking ‘‘subsection (e)’’ and
inserting ‘‘subsection (d)’’; and
(II) by striking ‘‘Department of De-
fense Family Housing Improvement Fund’’
and inserting ‘‘Fund’’;
351
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
paragraph (2);
(C) in subsection (d), as so redesignated, by
striking ‘‘required to be used to satisfy the obliga-
tion’’;
(D) in subsection (e), as so redesignated, by
striking ‘‘a Fund under paragraph (1)(B) or (2)(B)
of subsection (c)’’ and inserting ‘‘the Fund under
subsection (b)(2)’’; and
(E) in subsection (f), as so redesignated—
(i) 
in 
paragraph 
(1), 
by 
striking
‘‘$850,000,000’’ 
and 
inserting
‘‘$1,700,000,000’’; and
(ii) 
in 
paragraph 
(2), 
by 
striking
‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’.
(f) TRANSFER
OF UNOBLIGATED AMOUNTS.—(1)
The Secretary of Defense shall transfer to the Department
of Defense Housing Improvement Fund established under
section 2883(a) of title 10, United States Code (as amend-
ed by subsection (e)), any amounts in the Department of
Defense Family Housing Improvement Fund and the De-
partment of Defense Military Unaccompanied Housing
Improvement that remain available for obligation as of the
date of the enactment of this Act.
352
(2) Amounts transferred to the Department of De-
fense Housing Improvement Fund under paragraph (1)
shall be merged with amounts in that Fund, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as other amounts in that Fund.
(g) CONFORMING AMENDMENTS.—(1) Paragraph (3)
of section 2814(i) of such title is amended—
(A) by striking subparagraph (A) and inserting
the following new subparagraph (A):
‘‘(A) The Secretary may transfer funds from the
Ford Island Improvement Account to the Department of
Defense Housing Improvement Fund established by sec-
tion 2883(a) of this title.’’; and
(B) in subparagraph (B), by striking ‘‘a fund’’
and inserting ‘‘the Fund’’.
(2) Section 2871(6) of such title is amended by strik-
ing ‘‘Department of Defense Family Housing Improve-
ment Fund or the Department of Defense Military Unac-
companied Housing Improvement Fund’’ and inserting
‘‘Department of Defense Housing Improvement Fund’’.
(3) Section 2875(e) of such title is amended by strik-
ing ‘‘Department of Defense Family Housing Improve-
ment Fund or the Department of Defense Military Unac-
companied Housing Improvement Fund’’ and inserting
‘‘Department of Defense Housing Improvement Fund’’.
353
(h) CLERICAL AMENDMENTS.—(1) The section head-
ing for section 2874 of such title is amended to read as
follows:
‘‘§ 2874. Leasing of housing’’.
(2) The section heading for section 2883 of such title
is amended to read as follows:
‘‘§ 2883. Department of Defense Housing Improve-
ment Fund’’.
(3) The table of sections at the beginning subchapter
IV of chapter 169 of such title is amended—
(A) by striking the item relating to section
2874 and inserting the following new item:
‘‘2874. Leasing of housing.’’;
(B) by striking the item relating to section
2879; and
(C) by striking the item relating to section
2883 and inserting the following new item:
‘‘2883. Department of Defense Housing Improvement Fund.’’.
SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT
CONSTRUCTION PROJECTS AS PART OF ENVI-
RONMENTAL RESPONSE ACTION.
(a) AUTHORITY
TO CARRY OUT UNAUTHORIZED
PROJECTS.—Subsection (a) of section 2810 of title 10,
United States Code, is amended to read as follows:
‘‘(a) AUTHORITY TO CARRY OUT UNAUTHORIZED
CONSTRUCTION
PROJECTS.—The Secretary concerned
354
may carry out a military construction project not other-
wise authorized by law if the Secretary determines that
the project is necessary to carry out a response under
chapter 160 of this title or the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).’’.
(b) CONGRESSIONAL NOTIFICATION.—Subsection (b)
of such section is amended by striking ‘‘(1)’’ and the first
sentence and inserting ‘‘CONGRESSIONAL
NOTIFICA-
TION.—(1) When a decision is made to carry out a mili-
tary construction project under this section that exceeds
the amount specified in section 2805(b)(1) of this title,
the Secretary concerned shall submit a report in writing
to the appropriate committees of Congress on that deci-
sion.’’.
(c) DEFINITION.—Subsection (c) of such section is
amended—
(1) by inserting ‘‘RESPONSE
DEFINED.—’’
after ‘‘(c)’’; and
(2) by striking ‘‘action’’.
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING IN
KOREA.
Paragraph (3) of section 2828(e) of title 10, United
States Code, is amended to read as follows:
355
‘‘(3) In addition to the 450 units of family housing
referred to in paragraph (1) for which the maximum lease
amount is $25,000 per unit per year, the Secretary of the
Army may lease in Korea—
‘‘(A) not more than 1,175 units of family hous-
ing subject to that maximum lease amount; and
‘‘(B) not more than 2,400 units of family hous-
ing subject to a maximum lease amount of $35,000
per unit per year.’’.
SEC. 2804. PILOT HOUSING PRIVATIZATION AUTHORITY
FOR ACQUISITION OR CONSTRUCTION OF
MILITARY UNACCOMPANIED HOUSING.
(a) IN GENERAL.—(1) Subchapter IV of chapter 169
of title 10, United States Code, is amended by inserting
after section 2881 the following new section:
‘‘§ 2881a. Pilot projects for acquisition or construc-
tion of military unaccompanied housing
‘‘(a) PILOT PROJECTS AUTHORIZED.—The Secretary
of the Navy may carry out not more than 3 pilot projects
under the authority of this section or another provision
of this subchapter to use the private sector for the acquisi-
tion or construction of military unaccompanied housing in
the United States, including any territory or possession
of the United States.
356
‘‘(b) ASSIGNMENT OF MEMBERS AND BASIC ALLOW-
ANCE FOR HOUSING.—(1) The Secretary of the Navy may
assign members of the armed forces to housing units ac-
quired or constructed under the pilot projects, and such
housing units shall be considered as quarters of the United
States or a housing facility under the jurisdiction of a uni-
formed service for purposes of section 403 of title 37.
‘‘(2) Notwithstanding section 403(n)(2) of title 37,
the Secretary of Defense may set specific higher rates of
partial basic allowance for housing for a member of the
armed forces who is assigned to a housing unit acquired
or constructed under the pilot projects. Any increase in
the rate of partial basic allowance for housing to accom-
modate the pilot programs shall be in addition to any par-
tial basic allowance for housing that the member may oth-
erwise be eligible to receive under section 403(n) of title
37. A member may not sustain a reduction in partial basic
allowance for housing as a result of assignment to a hous-
ing unit acquired or constructed under the pilot projects.
‘‘(c) FUNDING.—(1) The Department of Defense
Housing Improvement Fund shall be used to carry out ac-
tivities under the pilot projects.
‘‘(2) Subject to 90 days prior notification to the ap-
propriate committees of Congress, such additional
amounts as the Secretary of Defense considers necessary
357
may be transferred to the Department of Defense Housing
Improvement Fund from amounts appropriated for con-
struction of military unaccompanied housing projects in
military construction accounts. The amounts so trans-
ferred shall be merged with and to be available for the
same purposes and for the same period of time as amounts
appropriated directly to the Fund.
‘‘(d) REPORTS.—(1) The Secretary of the Navy shall
transmit to the appropriate committees of Congress a re-
port describing—
‘‘(A) each contract for the acquisition of mili-
tary unaccompanied housing that the Secretary pro-
poses to solicit under the pilot projects;
‘‘(B) each conveyance or lease proposed under
section 2878 of this title in furtherance of the pilot
projects; and
‘‘(C) the proposed partial basic allowance for
housing rates for each contract as they vary by
grade of the member and how they compare to basic
allowance for housing rates for other contracts writ-
ten under the authority of the pilot programs.
‘‘(2) The report shall describe the proposed contract,
conveyance, or lease and the intended method of participa-
tion of the United States in the contract, conveyance, or
lease and provide a justification of such method of partici-
358
pation. The report shall be submitted not later than 90
days before the date on which the Secretary issues the
contract solicitation or offers the conveyance or lease.
‘‘(e) EXPIRATION.—Notwithstanding section 2885 of
this title, the authority of the Secretary of the Navy to
enter into a contract under the pilot programs shall expire
September 30, 2007.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by inserting after the item relating
to section 2881 the following new item:
‘‘2881a. Pilot projects for acquisition or construction of military unaccompanied
housing.’’.
(b) CONFORMING AMENDMENT.—Section 2871(7) of
title 10, United States Code, is amended by inserting be-
fore the period at the end the following: ‘‘and transient
housing intended to be occupied by members of the armed
forces on temporary duty’’.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES TO LIMIT
ENCROACHMENTS AND OTHER CONSTRAINTS
ON MILITARY TRAINING, TESTING, AND OP-
ERATIONS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by inserting after section 2684
the following new section:
359
‘‘§ 2684a. Agreements to limit encroachments and
other constraints on military training,
testing, and operations
‘‘(a) AGREEMENTS AUTHORIZED.—The Secretary of
a military department may enter into an agreement with
a private entity described in subsection (b) to address the
use or development of real property in the vicinity of a
military installation for purposes of—
‘‘(1) limiting any development or use of the
property that would otherwise be incompatible with
the mission of the installation; or
‘‘(2) preserving habitat on the property in a
manner that is compatible with both—
‘‘(A) current or anticipated environmental
restrictions that would or might otherwise re-
strict, impede, or otherwise interfere, whether
directly or indirectly, with current or antici-
pated military training, testing, or operations
on the installation; and
‘‘(B) current or anticipated military train-
ing, testing, or operations on the installation.
‘‘(b) COVERED PRIVATE ENTITIES.—A private entity
referred to in subsection (a) is any private entity that has
as its stated principal organizational purpose or goal the
conservation, restoration, or preservation of land and nat-
360
ural resources, or a similar purpose or goal, as determined
by the Secretary concerned.
‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT RE-
QUIREMENTS.—Chapter 63 of title 31 shall not apply to
any agreement entered into under this section.
‘‘(d) ACQUISITION AND ACCEPTANCE OF PROPERTY
AND INTERESTS.—(1) An agreement with a private entity
under this section—
‘‘(A) may provide for the private entity to ac-
quire all right, title, and interest in and to any real
property, or any lesser interest in the property, as
may be appropriate for purposes of this section; and
‘‘(B) shall provide for the private entity to
transfer to the United States, upon the request of
the United States, any property or interest so ac-
quired.
‘‘(2) Property or interests may not be acquired pursu-
ant to an agreement under this section unless the owner
of the property or interests, as the case may be, consents
to the acquisition.
‘‘(3) An agreement under this section providing for
the acquisition of property or interests under paragraph
(1)(A) shall provide for the sharing by the United States
and the private entity concerned of the costs of the acqui-
sition of the property or interests.
361
‘‘(4) The Secretary concerned shall identify any prop-
erty or interests to be acquired pursuant to an agreement
under this section. The property or interests shall be lim-
ited to the minimum property or interests necessary to en-
sure that the property concerned is developed and used
in a manner appropriate for purposes of this section.
‘‘(5) Notwithstanding any other provision of law, the
Secretary concerned may accept on behalf of the United
States any property or interest to be transferred to the
United States under paragraph (1)(B).
‘‘(6) The Secretary concerned may, for purposes of
the acceptance of property or interests under this sub-
section, accept an appraisal or title documents prepared
or adopted by a non-Federal entity as satisfying the appli-
cable requirements of section 301 of the Uniform Reloca-
tion Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4651) or section 355 of the Revised
Statutes (40 U.S.C. 255) if the Secretary finds that the
appraisal or title documents substantially comply with the
requirements.
‘‘(e) ACQUISITION OF WATER RIGHTS.—The author-
ity of the Secretary of a military department to enter into
an agreement under subsection (a) for the acquisition of
real property (or an interest therein) includes the author-
ity to support the purchase of water rights from any avail-
362
able source when necessary to support or protect the mis-
sion of a military installation.
‘‘(f) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary concerned may require such additional terms
and conditions in an agreement under this section as the
Secretary considers appropriate to protect the interests of
the United States.
‘‘(g) FUNDING.—(1) Except as provided in para-
graph (2), funds authorized to be appropriated for oper-
ation and maintenance of the Army, Navy, Marine Corps,
Air Force, or Defense-wide activities, including funds au-
thorized to be appropriated for the Legacy Resources
Management Program, may be used to enter into agree-
ments under this section.
‘‘(2) In the case of a military installation operated
primarily with funds authorized to be appropriated for re-
search, development, test, and evaluation, funds author-
ized to be appropriated for the Army, Navy, Marine Corps,
Air Force, or Defense-wide activities for research, develop-
ment, test, and evaluation may be used to enter into agree-
ments under this section with respect to the installation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 2684 the following new
item:
363
‘‘2684a. Agreements to limit encroachments and other constraints on military
training, testing, and operations.’’.
SEC. 2812. CONVEYANCE OF SURPLUS REAL PROPERTY
FOR NATURAL RESOURCE CONSERVATION
PURPOSES.
(a) CONVEYANCE AUTHORITY.—(1) Chapter 159 of
title 10, United States Code, is amended by inserting after
section 2694 the following new section:
‘‘§ 2694a. Conveyance of surplus real property for
natural resource conservation
‘‘(a) AUTHORITY TO CONVEY.—The Secretary of a
military department may convey to an eligible recipient de-
scribed in subsection (b) any surplus real property that—
‘‘(1) is under the administrative control of the
Secretary;
‘‘(2) is suitable and desirable for conservation
purposes;
‘‘(3) has been made available for public benefit
transfer for a sufficient period of time to potential
claimants; and
‘‘(4) is not subject to a pending request for
transfer to another Federal agency or for conveyance
to any other qualified recipient for public benefit
transfer under the real property disposal processes
and authorities established pursuant to the Federal
364
Property and Administrative Services Act of 1949
(40 U.S.C. 471, et seq.).
‘‘(b) ELIGIBLE RECIPIENTS.—The conveyance of sur-
plus real property under subsection (a) may be made to
any of the following:
‘‘(A) A State or political subdivision of a
State.
‘‘(B) A nonprofit organization that exists
for the primary purpose of conservation of nat-
ural resources on real property.
‘‘(c) REVISIONARY INTEREST AND OTHER DEED RE-
QUIREMENTS.—(1) The deed of conveyance of any surplus
real property conveyed under subsection (a) disposed of
under this subsection shall require the property to be used
and maintained for the conservation of natural resources
in perpetuity. If the Secretary of the military department
that made the conveyance determines at any time that the
property is not being used or maintained for such purpose,
then, at the option of the Secretary, all or any portion
of the property shall revert to the United States.
‘‘(2) The deed of conveyance may permit the recipient
of the property—
‘‘(A) to convey the property to another eligible
entity described in subsection (b), subject to the ap-
proval of the Secretary of the military department
365
that made the conveyance and subject to the same
covenants and terms and conditions as provided in
the deed from the United States; and
‘‘(B) to conduct incidental revenue-producing
activities on the property that are compatible with
the use of the property for conservation purposes.
‘‘(3) The deed of conveyance may contain such addi-
tional terms, reservations, restrictions, and conditions as
the Secretary of the military department considers appro-
priate to protect the interests of the United States.
‘‘(d) RELEASE OF COVENANTS.—The Secretary of
the military department that conveys real property under
subsection (a), with the concurrence of the Secretary of
Interior, may grant a release from a covenant included
in the deed of conveyance of the property under subsection
(c) on the condition that the recipient of the property pay
the fair market value, as determined by the Secretary of
the military department, of the property at the time of
the release of the covenant. The Secretary of the military
department may reduce the amount required to be paid
under this subsection to account for the value of the nat-
ural resource conservation benefit that has accrued to the
United States during the period the covenant was in ef-
fect, if the benefit was not taken into account in deter-
mining the original consideration for the conveyance.
366
‘‘(e) LIMITATIONS.—A conveyance under subsection
(a) shall not be used in settlement of any litigation, dis-
pute, or claim against the United States, or as a condition
of allowing any defense activity under any Federal, State,
or local permitting or review process. The Secretary of a
military department may make a conveyance under sub-
section (a), with the restrictions specified in subsection
(c), to establish a mitigation bank, but only if the estab-
lishment of the mitigation bank does not occur in order
to satisfy any condition for permitting military activity
under a Federal, State, or local permitting or review proc-
ess.
‘‘(f) CONSIDERATION.—In fixing the consideration
for the conveyance of real property under subsection (a)
or in determining the amount of any reduction of the
amount to be paid for the release of a covenant under sub-
section (d), the Secretary of the military department con-
cerned shall take into consideration any benefit that has
accrued or may accrue to the United States from the use
of such property for the conservation of natural resources.
‘‘(g) RELATION TO OTHER CONVEYANCE AUTHORI-
TIES.—(1) The Secretary of a military department may
not make a conveyance under this section of any real prop-
erty to be disposed of under a base closure law in a man-
367
ner that is inconsistent with the requirements and condi-
tions of the base closure law.
‘‘(2) In the case of real property on Guam, the Sec-
retary of a military department may not make a convey-
ance under this section unless the Government of Guam
has been first afforded the opportunity to acquire the real
property as authorized by section 1 of Public Law 106–
504 (114 Stat. 2309).
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘State’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Marianas, and the
territories and possessions of the United States.
‘‘(2) The term ‘base closure law’ means the following:
‘‘(A) Section 2687 of this title.
‘‘(B) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act of 1988 (10 U.S.C. 2687 note).
‘‘(C) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
‘‘(D) Any other similar authority for the
closure or realignment of military installations
that is enacted after the date of the enactment
368
of the National Defense Authorization Act for
Fiscal Year 2003.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2694 the following new item:
‘‘2694a. Conveyance of surplus real property for natural resource conservation.’’.
(b) ACCEPTANCE OF FUNDS TO COVER ADMINISTRA-
TIVE EXPENSES.—Section 2695(b) of such title is amend-
ed by adding at the end the following new paragraph:
‘‘(5) The conveyance of real property under sec-
tion 2694a of this title.’’.
(c) AGREEMENTS WITH NONPROFIT NATURAL RE-
SOURCE
CONSERVATION
ORGANIZATIONS.—Section
2701(d) of such title is amended—
(1) in paragraph (1), by striking ‘‘with any
State or local government agency, or with any In-
dian tribe,’’ and inserting ‘‘any State or local gov-
ernment agency, any Indian tribe, or any nonprofit
conservation organization’’; and
(2) by striking paragraph (3) and inserting the
following new paragraph:
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘Indian tribe’ has the
meaning given such term in section 101(36) of
Comprehensive Environmental Response, Com-
369
pensation, and Liability Act of 1980 (42 U.S.C.
9601(36)).
‘‘(B) The term ‘nonprofit conservation or-
ganization’ means any non-governmental non-
profit organization whose primary purpose is
conservation of open space or natural re-
sources.’’.
SEC. 2813. NATIONAL EMERGENCY EXEMPTION FROM
SCREENING AND OTHER REQUIREMENTS OF
MCKINNEY-VENTO 
HOMELESS 
ASSISTANCE
ACT FOR PROPERTY USED IN SUPPORT OF
RESPONSE ACTIVITIES.
Section 501 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11411) is amended—
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the fol-
lowing new subsection (i):
‘‘(i) APPLICABILITY TO CERTAIN PROPERTY DURING
EMERGENCIES.—The screening requirements and other
provisions of this section shall not apply to any property
that is excess property or surplus property or that is de-
scribed as unutilized or underutilized property if the prop-
erty is subject to a request for conveyance or use for the
purpose of directly supporting activities in response to—
370
‘‘(1) a war or national emergency declared in
accordance with the National Emergencies Act (50
U.S.C. 1601 et seq.); or
‘‘(2) an emergency or major disaster declared in
accordance with the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).’’.
SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN
LONG-TERM FACILITY MAINTENANCE COSTS.
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense may conduct a demonstration program to assess the
feasibility and desirability of including facility mainte-
nance requirements in construction contracts for military
construction projects for the purpose of determining
whether such requirements facilitate reductions in the
long-term facility maintenance costs of the military de-
partments.
(b) CONTRACTS.—Not more than 12 contracts may
contain requirements referred to in subsection (a) for the
purpose of the demonstration program under this section.
The demonstration program may only cover contracts en-
tered into on or after the date of the enactment of this
Act.
(c) EFFECTIVE PERIOD OF REQUIREMENTS.—The
effective period of a requirement referred to in subsection
371
(a) that is included in a contract for the purpose of the
demonstration program under this program may not ex-
ceed five years.
(d) REPORTING REQUIREMENTS.—Not later than
January 31, 2005, the Secretary of Defense shall submit
to Congress a report on the demonstration program au-
thorized by this section and the related Department of the
Army demonstration program authorized by section 2814
of the Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115 Stat.
1310; 10 U.S.C. 2809 note), including the following:
(1) A description of all contracts entered into
under the demonstration programs.
(2) An evaluation of the demonstration pro-
grams and a description of the experience of the
Secretary of Defense and the Secretary of the Army
respect to such contracts.
(3) 
Any 
recommendations, 
including 
rec-
ommendations for the termination, continuation, or
expansion of the demonstration programs, that the
Secretary of Defense or the Secretary of the Army
considers appropriate.
(e) EXPIRATION.—The authority under subsection
(a) to include requirements referred to in that subsection
372
in contracts under the demonstration program under this
section shall expire on September 30, 2006.
(f) FUNDING.—Amounts authorized to be appro-
priated for a fiscal year for military construction shall be
available for the demonstration program under this section
in such fiscal year.
(g) CONFORMING AMENDMENT.—Section 2814 of the
Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat. 1310;
10 U.S.C. 2809 note) is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
SEC. 2815. EXPANDED AUTHORITY TO TRANSFER PROP-
ERTY AT MILITARY INSTALLATIONS TO BE
CLOSED TO PERSONS WHO CONSTRUCT OR
PROVIDE MILITARY FAMILY HOUSING.
(a) 1988 LAW.—Section 204(e)(1) of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 2687
note) is amended by striking the last sentence.
(b) 1990 LAW.—Section 2905(f)(1) of the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is
amended by striking the last sentence.
373
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2821. LAND CONVEYANCES, LANDS IN ALASKA NO
LONGER REQUIRED FOR NATIONAL GUARD
PURPOSES.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to an eligible entity described sub-
section (b) all right, title, and interest of the United States
in and to any parcel of real property, including any im-
provements thereon, in the State of Alaska described in
subsection (c) if the Secretary determines the conveyance
would be in the public interest.
(b) ELIGIBLE RECIPIENTS.—The following entities
shall be eligible to receive real property under subsection
(a):
(1) The State of Alaska.
(2) A governmental entity in the State of Alas-
ka.
(3) A Native Corporation (as defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)).
(4) The Metlakatla Indian Community.
(c) COVERED PROPERTY.—Subsection (a) applies to
real property located in the State of Alaska that—
374
(1) is under the jurisdiction of the Department
of the Army and, before December 2, 1980, was
under such jurisdiction for the use of the Alaska Na-
tional Guard;
(2) is located in a unit of the National Wildlife
Refuge System designated in the Alaska National
Interest Lands Conservation Act (Public Law 96–
487; 16 U.S.C. 668dd note);
(3) is excess to the needs of the Alaska Na-
tional Guard and the Department of Defense; and
(4) the Secretary determines that—
(A) the anticipated cost to the United
States of retaining the property exceeds the
value of such property; or
(B) the condition of the property makes it
unsuitable for retention by the United States.
(d) CONSIDERATION.—The conveyance of real prop-
erty under this section shall, at the election of the Sec-
retary, be for no consideration or for consideration in an
amount determined by the Secretary to be appropriate
under the circumstances.
(e) USE OF CONSIDERATION.—If consideration is re-
ceived for the conveyance of real property under sub-
section (a), the Secretary may use the amounts received,
376
of Hopkinsville, Kentucky, all right, title, and interest of
the United States in and to a parcel of real property at
Fort Campbell, Kentucky, consisting of approximately 50
acres and containing an abandoned railroad spur for the
purpose of permitting the City to use the property for
storm water management, recreation, transportation, and
other public purposes.
(b) DESCRIPTION OF PROPERTY.—The acreage of
the real property to be conveyed under subsection (a) has
been determined by the Secretary through a legal descrip-
tion outlining such acreage. No further survey of the prop-
erty before transfer is necessary.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE TRAINING
CENTER, BUFFALO, MINNESOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Buf-
falo Independent School District 877 of Buffalo, Min-
nesota (in this section referred to as the ‘‘School Dis-
trict’’), all right, title, and interest of the United States
in and to a parcel of real property, including improve-
377
ments thereon, that is located at 800 8th Street, N.E.,
in Buffalo, Minnesota, and contains a former Army Re-
serve Training Center, which is being used by the School
District as the site of the Phoenix Learning Center.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the School District.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2824. LAND CONVEYANCE, FORT BLISS, TEXAS
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Coun-
ty of El Paso, Texas (in this section referred to as the
‘‘County’’), all right, title, and interest of the United
States in and to a parcel of real property, including im-
provements thereon, consisting of approximately 44 acres
at Fort Bliss, Texas, for the purpose of facilitating the
construction by the State of Texas of a nursing home for
veterans of the Armed Forces.
378
(b) REVERSIONARY INTEREST.—If, at the end of the
five-year period beginning on the date the Secretary makes
the conveyance under subsection (a), the Secretary deter-
mines that a nursing home for veterans is not in operation
on the conveyed real property, all right, title, and interest
in and to the property, including any improvements there-
on, shall revert to the United States, and the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this
subsection shall be made on the record after an oppor-
tunity for a hearing.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the County.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2825. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Vet-
erans Land Board of the State of Texas (in this section
379
referred to as the ‘‘Board’’), all right, title, and interest
of the United States in and to a parcel of real property,
including any improvements thereon, consisting of ap-
proximately 174 acres at Fort Hood, Texas, for the pur-
pose of permitting the Board to establish a State-run cem-
etery for veterans.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the Board.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2826. LAND CONVEYANCE, FORT MONMOUTH, NEW
JERSEY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey by sale all right, title, and interest
of the United States in and to a parcel of land, consisting
of approximately 63.95 acres of military family housing
known as Howard Commons, that comprises a portion of
Fort Monmouth, New Jersey.
380
(b) COMPETITIVE BID REQUIREMENT.—The Sec-
retary shall use competitive procedures for the sale author-
ized by subsection (a).
(c) CONSIDERATION.—As consideration for the con-
veyance authorized under subsection (a), the recipient of
the land shall pay an amount that is no less than fair
market value, as determined by the Secretary. Such recipi-
ent may, as in-kind consideration, build replacement mili-
tary family housing or rehabilitate existing military family
housing at Fort Monmouth, New Jersey, as agreed upon
by the Secretary. Any proceeds received by the Secretary
not used to construct or rehabilitate such military family
housing shall be deposited in the special account in the
Treasury established pursuant to section 204(h) of the
Federal property and Administrative Services Act of 1949
(40 U.S.C. 485(h)).
(d) DESCRIPTION OF PARCEL.—The exact acreage
and legal description of the parcel to be conveyed under
subsection (a) shall be determined by a survey that is sat-
isfactory to the Secretary. The cost of the survey shall be
borne by the recipient of the parcel.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
381
(a) as the Secretary considers appropriate to protect the
interests of the United States.
PART II—NAVY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, MARINE CORPS AIR STA-
TION, MIRAMAR, SAN DIEGO, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey to the ENPEX Corporation, Incor-
porated (in this section referred to as the ‘‘Corporation’’),
all right, title, and interest of the United States in and
to a parcel of real property, including any improvements
thereon, at Marine Corps Air Station Miramar, San
Diego, California, consisting of approximately 60 acres
and appurtenant easements and any other necessary inter-
ests in real property for the purpose of permitting the Cor-
poration to use the property for the production of electric
power and related ancillary activities.
(b) CONSIDERATION.—(1) As consideration for the
conveyance under subsection (a), the Corporation shall—
(A) convey to the United States all right, title,
and interest of the Corporation in and to a parcel
of real property in the San Diego area that is suit-
able for military family housing, as determined by
the Secretary; and
(B) if the parcel conveyed under subparagraph
(A) does not contain housing units suitable for use
383
of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(2) If Marine Corps Air Station Miramar is no longer
used as a Federal aviation facility, paragraph (1) shall no
longer apply, and the Secretary shall release, without con-
sideration, the reversionary interest retained by the
United States under such paragraph.
(d) ADMINISTRATIVE EXPENSES.—(1) The Corpora-
tion shall make funds available to the Secretary to cover
costs to be incurred by the Secretary, or reimburse the
Secretary for costs incurred, to carry out the conveyance
under subsection (a), including survey costs, costs related
to environmental documentation, and other administrative
costs related to the conveyance. This paragraph does not
apply to costs associated with the removal of explosive ord-
nance from the parcel and environmental remediation of
the parcel.
(2) Section 2695(c) of title 10 United States Code,
shall apply to any amount received under paragraph (1).
If the amounts received in advance under such paragraph
exceed the costs actually incurred by the Secretary, the
Secretary shall refund the excess amount to the Corpora-
tion.
384
(e) DESCRIPTIONS OF PROPERTY.—The exact acre-
age and legal descriptions of the real property to be con-
veyed by the Secretary under subsection (a) and the prop-
erty to be conveyed by the Corporation under subsection
(b) shall be determined by a survey satisfactory to the Sec-
retary.
(f) EXEMPTIONS.—Section 2696 of title 10, United
States Code, does not apply to the conveyance authorized
by subsection (a), and the authority to make the convey-
ance shall not be considered to render the property excess
or underutilized.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyances authorized by
this section as the Secretary considers appropriate to pro-
tect the interests of the United States.
SEC. 2832. BOUNDARY ADJUSTMENTS, MARINE CORPS
BASE, QUANTICO, AND PRINCE WILLIAM FOR-
EST PARK, VIRGINIA.
(a) 
BOUNDARY
ADJUSTMENTS
AND
RELATED
TRANSFERS.—(1) The Secretary of the Navy and the Sec-
retary of the Interior shall adjust the boundaries of Ma-
rine Corps Base, Quantico, Virginia, and Prince William
Forest Park, Virginia, to conform to the boundaries de-
picted on the map entitled ‘‘Map Depicting Boundary Ad-
385
justments Proposed With March 10, 1998, MOU Between
Prince William Forest Park and Marine Corps Base
Quantico’’.
(2) As part of the boundary adjustment, the Sec-
retary of the Navy shall transfer, without reimbursement,
to the administrative jurisdiction of the Secretary of the
Interior approximately 352 acres of land, as depicted on
the map, and the Secretary of the Interior shall retain ad-
ministrative jurisdiction over approximately 1,034 acres of
land, which is a portion of the Department of Interior land
commonly known as the Quantico Special Use Permit
Land.
(3) As part of the boundary adjustment, the Sec-
retary of the Interior shall transfer, without reimburse-
ment, to the administrative jurisdiction of the Secretary
of the Navy approximately 3398 acres of land, as depicted
on the map.
(b) EFFECT
OF
SUBSEQUENT
DETERMINATION
PROPERTY IS EXCESS.—(1) If land transferred or re-
tained under paragraph (2) or (3) of subsection (a) is sub-
sequently determined to be excess to the needs of the Fed-
eral agency that received or retained the land, the head
of that Federal agency shall offer to return administrative
jurisdiction over the land, without reimbursement, to the
386
Federal agency from which the land was received or re-
tained.
(2) If the offer under paragraph (1) is not accepted
within 90 days or is otherwise rejected, the head of the
Federal agency holding the land may proceed to dispose
of the land under then current law and regulations gov-
erning the disposal of excess property.
PART III—AIR FORCE CONVEYANCES
SEC. 2841. LAND CONVEYANCES, WENDOVER AIR FORCE
BASE AUXILIARY FIELD, NEVADA.
(a) 
CONVEYANCES
AUTHORIZED
TO
WEST
WENDOVER, NEVADA.—(1) The Secretary of the Interior
may convey, without consideration, to the City of West
Wendover, Nevada, all right, title, and interest of the
United States in and to the following:
(A) The lands at Wendover Air Force Base
Auxiliary Field, Nevada, identified in Easement No.
AFMC–HL–2–00–334 that are determined by the
Secretary of the Air Force to be no longer required
for Air Force purposes.
(B) The lands at Wendover Air Force Base
Auxiliary Field identified for disposition on the map
entitled ‘‘West Wendover, Nevada–Excess’’, dated
January 5, 2001, that are determined by the Sec-
387
retary of the Air Force to be no longer required for
Air Force purposes.
(2) The purposes of the conveyances under this sub-
section are—
(A) to permit the establishment and mainte-
nance of runway protection zones; and
(B) to provide for the development of an indus-
trial park and related infrastructure.
(3) The map referred to in paragraph (1)(B) shall
be on file and available for public inspection in the offices
of the Director of the Bureau of Land Management and
the Elko District Office of the Bureau of Land Manage-
ment.
(b) CONVEYANCE AUTHORIZED TO TOOELE COUNTY,
UTAH.—(1) The Secretary of the Interior may convey,
without consideration, to Tooele County, Utah, all right,
title, and interest of the United States in and to the lands
at Wendover Air Force Base Auxiliary Field identified in
Easement No. AFMC–HL–2–00–318 that are determined
by the Secretary of the Air Force to be no longer required
for Air Force purposes.
(2) The purpose of the conveyance under this sub-
section is to permit the establishment and maintenance
of runway protection zones and an aircraft accident poten-
388
tial protection zone as necessitated by continued military
aircraft operations at the Utah Test and Training Range.
(c) PHASED CONVEYANCES.—The land conveyances
authorized by subsections (a) and (b) may be conducted
in phases. To the extent practicable, the first phase of the
conveyances should involve at least 3,000 acres.
(d) MANAGEMENT
OF
CONVEYED
LANDS.—The
lands conveyed under subsections (a) and (b) shall be
managed by the City of West Wendover, Nevada, City of
Wendover, Utah, Tooele County, Utah, and Elko County,
Nevada—
(1) in accordance with the provisions of an
Interlocal Memorandum of Agreement entered into
between the Cities of West Wendover, Nevada, and
Wendover, Utah, Tooele County, Utah, and Elko
County, Nevada, providing for the coordinated man-
agement and development of the lands for the eco-
nomic benefit of both communities; and
(2) in a manner that is consistent with such
provisions of the easements referred to subsections
(a) and (b) that, as jointly determined by the Sec-
retary of the Air Force and Secretary of the Inte-
rior, remain applicable and relevant to the operation
and management of the lands following conveyance
389
and are consistent with the provisions of this sec-
tion.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Air Force and the Secretary of the Inte-
rior may jointly require such additional terms and condi-
tions in connection with the conveyances required by sub-
sections (a) and (b) as the Secretaries consider appro-
priate to protect the interests of the United States.
Subtitle D—Other Matters
SEC. 2861. EASEMENT FOR CONSTRUCTION OF ROADS OR
HIGHWAYS, MARINE CORPS BASE, CAMP PEN-
DLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Author-
ization Act for Fiscal Year 1999 (division B of Public Law
105–261; 112 Stat. 2219), as amended by section 2867
of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107–107; 115 Stat. 1334) is amended
in the first sentence by striking ‘‘easement to construct’’
and all that follows through the period at the end and
inserting ‘‘easement to construct, operate, and maintain
a restricted access highway, notwithstanding any provision
of State law that would otherwise prevent the Secretary
from granting the easement or the Agency from con-
structing, operating, or maintaining the restricted access
highway.’’.
390
SEC. 2862. SALE OF EXCESS TREATED WATER AND WASTE-
WATER 
TREATMENT 
CAPACITY, 
MARINE
CORPS BASE, CAMP LEJEUNE, NORTH CARO-
LINA.
(a) SALE AUTHORIZED.—The Secretary of the Navy
may provide to Onslow County, North Carolina, or any
authority or political subdivision organized under the laws
of North Carolina to provide public water or sewage serv-
ices in Onslow County (in this section referred to as the
‘‘County’’), treated water and wastewater treatment serv-
ices from facilities at Marine Corps Base, Camp Lejeune,
North Carolina, if the Secretary determines that the provi-
sion of these utility services is in the public interest and
will not interfere with current or future operations at
Camp Lejeune.
(b) 
INAPPLICABILITY
OF
CERTAIN
REQUIRE-
MENTS.—Section 2686 of title 10, United States Code,
shall not apply to the provision of public water or sewage
services authorized by subsection (a).
(c) CONSIDERATION.—As consideration for the re-
ceipt of public water or sewage services under subsection
(a), the County shall pay to the Secretary an amount (in
cash or in kind) equal to the fair market value of the serv-
ices. Amounts received in cash shall be credited to the base
operation and maintenance accounts of Camp Lejeune.
391
(d) EXPANSION.—The Secretary may make minor ex-
pansions and extensions and permit connections to the
public water or sewage systems of the County in order
to furnish the services authorized under subsection (a).
The Secretary shall restrict the provision of services to the
County to those areas in the County where residential de-
velopment would be compatible with current and future
operations at Camp Lejeune.
(e) ADMINISTRATIVE
EXPENSES.—The Secretary
may require the County to reimburse the Secretary for
the costs incurred by the Secretary to provide public water
or sewage services to the County under subsection (a).
(2) Section 2695(c) of title 10 United States Code,
shall apply to any amount received under this subsection.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the provision of public water or sewage
services under this section as the Secretary considers ap-
propriate to protect the interests of the United States.
SEC. 2863. RATIFICATION OF AGREEMENT REGARDING
ADAK NAVAL COMPLEX, ALASKA, AND RE-
LATED LAND CONVEYANCES.
(a) RATIFICATION OF AGREEMENT.—The document
entitled the ‘‘Agreement Concerning the Conveyance of
Property at the Adak Naval Complex’’, and dated Sep-
392
tember 20, 2000, executed by the Aleut Corporation, the
Department of the Interior, and the Department of the
Navy, together with any technical amendments or modi-
fications to the boundaries that may be agreed to by the
parties, is hereby ratified, confirmed, and approved and
the terms, conditions, procedures, covenants, reservations,
indemnities and other provisions set forth in the Agree-
ment are declared to be obligations and commitments of
the United States as a matter of Federal law. Modifica-
tions to the maps and legal descriptions of lands to be
removed from the National Wildlife Refuge System within
the military withdrawal on Adak Island set forth in Public
Land Order 1949 may be made only upon agreement of
all Parties to the Agreement and notification given to the
Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of
the Senate. The acreage conveyed to the United States
by the Aleut Corporation under the Agreement, as modi-
fied, shall be at least 36,000 acres.
(b) REMOVAL OF LANDS FROM REFUGE.—Effective
on the date of conveyance to the Aleut Corporation of the
Adak Exchange Lands as described in the Agreement, all
such lands shall be removed from the National Wildlife
Refuge System and shall neither be considered as part of
the Alaska Maritime National Wildlife Refuge nor subject
393
to any laws pertaining to lands within the boundaries of
the Alaska Maritime National Wildlife Refuge. The con-
veyance restrictions imposed by section 22(g) of the Alas-
ka Native Claims Settlement Act (43 U.S.C. 1621(g)) for
land in the National Wildlife Refuge System shall not
apply. The Secretary shall adjust the boundaries of the
Refuge so as to exclude all interests in lands and land
rights, surface and subsurface, received by the Aleut Cor-
poration in accordance with this section and the Agree-
ment.
(c) RELATION TO ALASKA NATIVE CLAIMS SETTLE-
MENT ACT.—Lands and interests therein exchanged and
conveyed by the United States pursuant to this section
shall be considered and treated as conveyances of lands
or interests therein under the Alaska Native Claims Set-
tlement Act, except that receipt of such lands and inter-
ests therein shall not constitute a sale or disposition of
land or interests received pursuant to such Act. The public
easements for access to public lands and waters reserved
pursuant to the Agreement are deemed to satisfy the re-
quirements and purposes of section 17(b) of the Alaska
Native Claims Settlement Act.
(d) REACQUISITION AUTHORITY.—The Secretary of
the Interior is authorized to acquire by purchase or ex-
change, on a willing seller basis only, any land conveyed
394
to the Aleut Corporation under the Agreement and this
section. In the event any of the lands are subsequently
acquired by the United States, they shall be automatically
included in the National Wildlife Refuge System. The laws
and regulations applicable to refuge lands shall then apply
to these lands and the Secretary shall then adjust the
boundaries accordingly.
(e) CONVEYANCE OF NAVY PERSONAL PROPERTY.—
Notwithstanding any other provision of law, and for the
purposes of the transfer of property authorized by this sec-
tion, Department of Navy personal property that remains
on Adak Island is deemed related to the real property and
shall be conveyed by the Department of the Navy to the
Aleut Corporation, at no additional cost, when the related
real property is conveyed by the Department of the Inte-
rior.
(f) ADDITIONAL CONVEYANCE.—The Secretary of
the Interior shall convey to the Aleut Corporation those
lands identified in the Agreement as the former landfill
sites without charge to the Aleut Corporation’s entitle-
ment under the Alaska Native Claims Settlement Act.
(g) VALUATION.—For purposes of section 21(c) of
the Alaska Native Claims Settlement Act, the receipt of
all property by the Aleut Corporation shall be entitled to
412
(d) NOTIFICATION.—The Secretary, acting through
the Assistant Secretary of Energy for Environmental
Management, shall notify Congress of any transfer of
funds pursuant to subsection (a) not later than 30 days
after such transfer occurs.
(e) DEFINITIONS.—In this section—
(1) the term ‘‘program or project’’ means, with
respect to a field office of the Department of En-
ergy, a program or project that is for environmental
restoration or waste management activities necessary
for national security programs of the Department,
that is being carried out by that office, and for
which defense environmental management funds
have been authorized and appropriated; and
(2) the term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the De-
partment of Energy pursuant to an authorization for
carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs.
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVI-
TIES FUNDS.—The Secretary of Energy shall provide the
manager of each field office of the Department of Energy
with the authority to transfer weapons activities funds
419
(A) The head of each national security labora-
tory, as defined in section 3281 of the National Nu-
clear Security Administration Act (50 U.S.C. 2471).
(B) The commander of the United States Stra-
tegic Command.
(2) In this section, the term ‘‘Secretary concerned’’
means—
(A) the Secretary of Energy, with respect to
matters concerning the Department of Energy; and
(B) the Secretary of Defense, with respect to
matters concerning the Department of Defense.
(c) USE OF ‘‘RED TEAMS’’ FOR LABORATORY CER-
TIFICATIONS.—The head of each national security labora-
tory shall, to assist in the certification process required
by subsection (a), establish one or more teams of experts
known as ‘‘red teams’’. Each such team shall—
(1) subject to challenge the matters covered by
that laboratory’s certification, and submit the results
of such challenge, together with findings and rec-
ommendations, to the head of that laboratory; and
(2) carry out peer review of the certifications
carried out by the other laboratories, and submit the
results of such peer review to the head of the labora-
tory concerned.