152
(d) COAST GUARD.—(1) Chapter 13 of title 14, United
States Code, is amended by inserting after section 503 the
following new section:
‘‘§ 504. Medal of honor: duplicate medal
‘‘A person awarded a medal of honor shall, upon writ-
ten application of that person, be issued, without charge,
one duplicate medal of honor with ribbons and appur-
tenances. Such duplicate medal of honor shall be marked,
in such manner as the Secretary may determine, as a du-
plicate or for display purposes only.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
503 the following new item:
‘‘504. Medal of honor: duplicate medal.’’.
(e) DEFINITION OF MEDAL OF HONOR FOR PURPOSES
OF
FEDERAL
UNAUTHORIZED-USE
CRIME.—Section
704(b)(2)(B) of title 18, United States Code, is amended
to read as follows:
‘‘(B) As used in this subsection, ‘Congressional
Medal of Honor’ means—
‘‘(i) a medal of honor awarded under sec-
tion 3741, 6241, or 8741 of title 10 or section
491 of title 14;
‘‘(ii) a duplicate medal of honor issued
under section 3754, 6256, or 8754 of title 10 or
section 504 of title 14; or
153
‘‘(iii) a replacement of a medal of honor
provided under section 3747, 6253, or 8747 of
title 10 or section 501 of title 14.’’.
SEC. 544. AUTHORITY TO REPLACE STOLEN MILITARY
DECORATIONS.
(a) ARMY, NAVY, AND AIR FORCE.—Sections 3747,
6253, and 8747 of title 10, United States Code, are each
amended by striking ‘‘lost or destroyed’’ and inserting ‘‘sto-
len, lost, or destroyed’’.
(b) COAST GUARD.—Section 501 of title 14, United
States Code, is amended by inserting ‘‘stolen,’’ before
‘‘lost,’’.
SEC. 545. WAIVER OF TIME LIMITATIONS FOR AWARD OF
NAVY DISTINGUISHED FLYING CROSS TO
CERTAIN PERSONS.
(a) WAIVER.—Any limitation established by law or
policy for the time within which a recommendation for the
award of a military decoration or award must be submitted
shall not apply to awards of decorations described in this
section, the award of each such decoration having been de-
termined by the Secretary concerned to be warranted in ac-
cordance with section 1130 of title 10, United States Code.
(b) DISTINGUISHED FLYING CROSS.—Subsection (a)
applies to the award of the Distinguished Flying Cross for
service during World War II or Korea (including multiple
154
awards to the same individual) in the case of each indi-
vidual concerning whom the Secretary of the Navy (or an
officer of the Navy acting on behalf of the Secretary) sub-
mitted to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services
of the Senate, during the period beginning on October 31,
2000, and ending on the day before the date of the enact-
ment of this Act, a notice as provided in section 1130(b)
of title 10, United States Code, that the award of the Distin-
guished Flying Cross to that individual is warranted and
that a waiver of time restrictions prescribed by law for rec-
ommendation for such award is recommended.
SEC. 546. KOREA DEFENSE SERVICE MEDAL.
(a) ARMY.—(1) Chapter 357 of title 10, United States
Code, as amended by section 543(a)(1), is further amended
by adding at the end the following new section:
‘‘§ 3755. Korea Defense Service Medal
‘‘(a) The Secretary of the Army shall issue a campaign
medal, to be known as the Korea Defense Service Medal,
to each person who while a member of the Army served in
the Republic of Korea or the waters adjacent thereto during
the KDSM eligibility period and met the service require-
ments for the award of that medal prescribed under sub-
section (c).
155
‘‘(b) In this section, the term ‘KDSM eligibility period’
means the period beginning on July 28, 1954, and ending
on such date after the date of the enactment of this section
as may be determined by the Secretary of Defense to be ap-
propriate for terminating eligibility for the Korea Defense
Service Medal.
‘‘(c) The Secretary of the Army shall prescribe service
requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent than
the service requirements for award of the Armed Forces Ex-
peditionary Medal for instances in which the award of that
medal is authorized.’’.
(2) The table of sections at the beginning of such chap-
ter, as amended by section 543(a)(2), is further amended
by adding at the end the following new item:
‘‘3755. Korea Defense Service Medal.’’.
(b) NAVY AND MARINE CORPS.—(1) Chapter 567 of
title 10, United States Code, as amended by section
543(b)(1), is further amended by adding at the end the fol-
lowing new section:
‘‘§ 6257. Korea Defense Service Medal
‘‘(a) The Secretary of the Navy shall issue a campaign
medal, to be known as the Korea Defense Service Medal,
to each person who while a member of the Navy or Marine
Corps served in the Republic of Korea or the waters adja-
cent thereto during the KDSM eligibility period and met
156
the service requirements for the award of that medal pre-
scribed under subsection (c).
‘‘(b) In this section, the term ‘KDSM eligibility period’
means the period beginning on July 28, 1954, and ending
on such date after the date of the enactment of this section
as may be determined by the Secretary of Defense to be ap-
propriate for terminating eligibility for the Korea Defense
Service Medal.
‘‘(c) The Secretary of the Navy shall prescribe service
requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent than
the service requirements for award of the Armed Forces Ex-
peditionary Medal for instances in which the award of that
medal is authorized.’’.
(2) The table of sections at the beginning of such chap-
ter, as amended by section 543(b)(2), is further amended
by adding at the end the following new item:
‘‘6257. Korea Defense Service Medal.’’.
(c) AIR FORCE.—(1) Chapter 857 of title 10, United
States Code, as amended by section 543(c)(1), is further
amended by adding at the end the following new section:
‘‘§ 8755. Korea Defense Service Medal
‘‘(a) The Secretary of the Air Force shall issue a cam-
paign medal, to be known as the Korea Defense Service
Medal, to each person who while a member of the Air Force
served in the Republic of Korea or the waters adjacent there-
157
to during the KDSM eligibility period and met the service
requirements for the award of that medal prescribed under
subsection (c).
‘‘(b) In this section, the term ‘KDSM eligibility period’
means the period beginning on July 28, 1954, and ending
on such date after the date of the enactment of this section
as may be determined by the Secretary of Defense to be ap-
propriate for terminating eligibility for the Korea Defense
Service Medal.
‘‘(c) The Secretary of the Air Force shall prescribe serv-
ice requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent than
the service requirements for award of the Armed Forces Ex-
peditionary Medal for instances in which the award of that
medal is authorized.’’.
(2) The table of sections at the beginning of such chap-
ter, as amended by section 543(c)(2), is further amended
by adding at the end the following new item:
‘‘8755. Korea Defense Service Medal.’’.
(d) AWARD FOR SERVICE BEFORE DATE OF ENACT-
MENT.—The Secretary of the military department con-
cerned shall take appropriate steps to provide in a timely
manner for the issuance of the Korea Defense Service Medal,
upon application therefor, to persons whose eligibility for
that medal is by reason of service in the Republic of Korea
158
or the waters adjacent thereto before the date of the enact-
ment of this Act.
SEC. 547. COLD WAR SERVICE MEDAL.
(a) AUTHORITY.—Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 1134. Cold War service medal
‘‘(a) MEDAL AUTHORIZED.—The Secretary concerned
shall, upon application, issue the Cold War service medal
to a person eligible to receive that medal. The Cold War
service medal shall be of an appropriate design approved
by the Secretary of Defense, with ribbons, lapel pins, and
other appurtenances.
‘‘(b) ELIGIBILITY.—(1) A person is eligible to receive
the Cold War service medal if the person—
‘‘(A) served on active duty during the Cold War;
‘‘(B) has not been released from active duty with
a characterization of service less favorable than hon-
orable and has not received a discharge less favorable
than an honorable discharge; and
‘‘(C) except as provided under paragraph (3),
meets the service requirements of paragraph (2).
‘‘(2) The service requirements of this paragraph are—
‘‘(A) in the case of a person who served on active
duty during the Cold War as an enlisted member,
159
that the person have completed that person’s initial
term of enlistment and after the end of that initial
term of enlistment have reenlisted for an additional
term of enlistment or have been appointed as an offi-
cer; and
‘‘(B) in the case of a person who served on active
duty during the Cold War as an officer, that the per-
son have completed that person’s initial service obli-
gation as an officer and have served in the armed
forces after completing that initial service obligation.
‘‘(3) The Secretary concerned, under regulations pre-
scribed under this section, may waive the service require-
ments of paragraph (2)—
‘‘(A) in the case of any person discharged or re-
leased from active duty for a disability incurred or
aggravated in line of duty;
‘‘(B) in the case of any person discharged for
hardship under section 1173 of this title; and
‘‘(C) under any other circumstance for which the
Secretary determines that such a waiver is war-
ranted.
‘‘(c) ONE AWARD AUTHORIZED.—Not more than one
Cold War service medal may be issued to any person.
‘‘(d) ISSUANCE TO REPRESENTATIVE OF DECEASED.—
If a person who is eligible for the Cold War service medal
160
dies before being issued that medal, the medal may, upon
application, be issued to the person’s representative, as des-
ignated by the Secretary concerned.
‘‘(e) REPLACEMENT.—Under regulations prescribed by
the Secretary concerned, a Cold War service medal that is
lost, destroyed, or rendered unfit for use without fault or
neglect on the part of the person to whom it was issued
may be replaced without charge.
‘‘(f) UNIFORM REGULATIONS.—The Secretary of De-
fense shall ensure that regulations prescribed by the Secre-
taries of the military departments under this section are
uniform so far as is practicable.
‘‘(g) COLD WAR DEFINED.—In this section, the term
‘Cold War’ means the period beginning on September 2,
1945, and ending at the end of December 26, 1991.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘1134. Cold War service medal.’’.
SEC. 548. OPTION TO CONVERT AWARD OF ARMED FORCES
EXPEDITIONARY MEDAL AWARDED FOR OP-
ERATION 
FREQUENT 
WIND 
TO 
VIETNAM
SERVICE MEDAL.
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall, upon the application of an indi-
vidual who is an eligible Vietnam evacuation veteran,
161
award that individual the Vietnam Service Medal, notwith-
standing any otherwise applicable requirements for the
award of that medal. Any such award shall be made in
lieu of the Armed Forces Expeditionary Medal awarded the
individual for participation in Operation Frequent Wind.
(b) ELIGIBLE VIETNAM EVACUATION VETERAN.—For
purposes of this section, the term ‘‘eligible Vietnam evacu-
ation veteran’’ means a member or former member of the
Armed Forces who was awarded the Armed Forces Expedi-
tionary Medal for participation in military operations des-
ignated as Operation Frequent Wind arising from the evac-
uation of Vietnam on April 29 and 30, 1975.
Subtitle F—Matters Relating to
Voting
SEC. 551. VOTING ASSESSMENTS AND ASSISTANCE FOR
MEMBERS OF THE UNIFORMED SERVICES.
(a) IN GENERAL.—Chapter 80 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1566. Voting assistance: compliance assessments
and assistance
‘‘(a) INSPECTOR GENERAL ASSESSMENTS.—(1) The
Department of Defense Inspector General shall each cal-
endar year conduct a random and unannounced assessment
162
at a minimum of 15 Department of Defense installations
of the compliance at those installations with—
‘‘(A) the requirements of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.);
‘‘(B) Department of Defense regulations regard-
ing that Act and the Federal Voting Assistance Pro-
gram carried out under that Act; and
‘‘(C) other requirements of law regarding voting
by members of the armed forces.
‘‘(2) Each assessment under paragraph (1) shall in-
clude a review of such compliance—
‘‘(A) within units to which are assigned, in the
aggregate, not less than 20 percent of the personnel
assigned to duty at that installation;
‘‘(B) within a representative survey of members
of the armed forces assigned to that installation and
their dependents; and
‘‘(C) within unit voting assistance officers to
measure program effectiveness.
‘‘(b) REGULAR
MILITARY
DEPARTMENT
ASSESS-
MENTS.—The Secretary of each military department shall
include in the set of issues and programs to be reviewed
during any management effectiveness review or inspection
an assessment of compliance with the Uniformed and Over-
163
seas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.)
and with Department of Defense regulations regarding the
Federal Voting Assistance Program.
‘‘(c) VOTING ASSISTANCE OFFICERS.—Voting assist-
ance officers appointed or assigned under Department of
Defense regulations regarding the Federal Voting Assistance
Program shall be appointed or assigned with the expecta-
tion of serving in that capacity for a minimum of 30
months. A member of the armed forces assigned to such a
position may not be assigned other duties that would not
be considered part of the member’s primary military duties,
except when a unit commander determines that insufficient
personnel are available to fulfill all additional duty require-
ments. Performance evaluation reports pertaining to a
member who has been assigned to serve as a voting assist-
ance officer shall comment on the performance of the mem-
ber as a voting assistance officer.
‘‘(d) DELIVERY OF MAIL FROM OVERSEAS PRECEDING
FEDERAL ELECTIONS.—(1) During the four months pre-
ceding a general Federal election month, the Secretary of
Defense shall periodically conduct surveys of all overseas
locations and vessels at sea with military units responsible
for collecting mail for return shipment to the United States
and all port facilities in the United States and overseas
where military-related mail is collected for shipment to
164
overseas locations or to the United States. The purpose of
each survey shall be to determine if voting materials are
awaiting shipment at any such location and, if so, the
length of time that such materials have been held at that
location. During the fourth and third months before a gen-
eral Federal election month, such surveys shall be conducted
biweekly. During the second and first months before a gen-
eral Federal election month, such surveys shall be conducted
weekly.
‘‘(2) The Secretary shall ensure that voting materials
are transmitted expeditiously by military postal authorities
at all times.
‘‘(3) In this section, the term ‘general Federal election
month’ means November in an even-numbered year.’’.
(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. Voting assistance: compliance assessments and assistance.’’.
SEC. 552. ELECTRONIC VOTING DEMONSTRATION PROJECT.
(a) DEMONSTRATION PROJECT.—The Secretary of De-
fense shall carry out a demonstration project to examine
voting in Federal elections by absent uniformed services vot-
ers through a long-distance electronic voting system. The
demonstration project shall be carried out for voting in the
regularly scheduled general election for Federal office in No-
vember 2002. Under the demonstration project, absent uni-
165
formed services voters participating in the project shall be
provided a means, with the cooperation and assistance of
State election officials of States that agree to participate
in the project, to cast their ballots in that election through
a long-distance electronic voting method.
(b) SCOPE OF PROJECT.—The Secretary shall deter-
mine the scope of the demonstration project under this sec-
tion, including the absent uniformed services voters author-
ized to participate in the project. The project shall be car-
ried out with participation of sufficient numbers of absent
uniformed services voters so that the results are statistically
relevant.
(c) COORDINATION WITH STATE ELECTION OFFI-
CIALS.—The Secretary shall carry out the demonstration
project under this section through cooperative agreements
with State election officials of States that agree to partici-
pate in the project.
(d) REPORT TO CONGRESS.—Not later than June 1,
2003, the Secretary shall submit to Congress a report ana-
lyzing the demonstration project conducted under this sec-
tion. The Secretary shall include in the report any rec-
ommendations the Secretary considers appropriate for con-
tinuing the project on an expanded basis during the next
regularly scheduled general election for Federal office.
166
(e) ABSENT
UNIFORMED
SERVICES
VOTER
DE-
FINED.—In this section, the term ‘‘absent uniformed serv-
ices voter’’ has the meaning given that term in section
107(1) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff–6(1)).
Subtitle 
G—Matters 
Relating 
to
Military Spouses and Family
Members
SEC. 561. IMPROVED FINANCIAL AND OTHER ASSISTANCE
TO MILITARY SPOUSES FOR JOB TRAINING
AND EDUCATION.
(a) EXAMINATION OF EXISTING EMPLOYMENT ASSIST-
ANCE PROGRAMS.—(1) The Secretary of Defense shall ex-
amine existing Department of Defense and other Federal,
State, and nongovernmental programs with the objective of
improving retention of military personnel by increasing the
employability of military spouses and assisting those
spouses in gaining access to financial and other assistance
for job training and education.
(2) In conducting the examination, the Secretary shall
give priority to facilitating and increasing access of mili-
tary spouses to existing Department of Defense, Federal,
State, and nongovernmental sources for the types of finan-
cial assistance set forth in paragraph (3), but shall also
specifically assess whether the Department of Defense should
167
begin a program for direct financial assistance to military
spouses for some or all of those types of assistance and
whether such a program of direct financial assistance would
enhance retention.
(3) In conducting the examination pursuant to para-
graph (1), the Secretary should focus on financial assistance
for military spouses for one or more of the following pur-
poses:
(A) Career-related education.
(B) Certification and license fees for employ-
ment-related purposes.
(C) Apprenticeships and internships.
(D) Technical training.
(E) Training to improve job skills.
(F) Career counseling.
(G) Skills assessment.
(H) Job-search skills.
(I) Job-related transportation.
(J) Child care.
(K) Any additional employment-related purpose
specified by the Secretary for the purposes of the ex-
amination under paragraph (1).
(4) Not later than March 30, 2002, the Secretary of
Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
168
House of Representatives a report on the results of the ex-
amination under paragraph (1).
(b) REVIEW
OF DEPARTMENT
OF DEFENSE POLI-
CIES.—(1) The Secretary of Defense shall review Depart-
ment of Defense policies that affect employment and edu-
cation opportunities for military spouses in the Department
of Defense in order to further expand those opportunities.
The review shall include the consideration of providing, to
the extent authorized by law, separate spouse preferences
for employment by appropriated and nonappropriated fund
operations.
(2) Not later than March 30, 2002, the Secretary of
Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a report on the results of the re-
view under paragraph (1).
(c) SPOUSE EMPLOYMENT ASSISTANCE.—Section 1784
of title 10, United States Code, is amended by adding at
the end the following new subsections:
‘‘(d) SPACE-AVAILABLE
USE
OF
FACILITIES
FOR
SPOUSE TRAINING PURPOSES.—Under regulations pre-
scribed by the Secretary of Defense, the Secretary of a mili-
tary department may make available to a non-Department
of Defense entity space in non-excess facilities controlled by
that Secretary for the purpose of the non-Department of De-
169
fense entity providing employment-related training for
military spouses.
‘‘(e) EMPLOYMENT BY OTHER FEDERAL AGENCIES.—
The Secretary of Defense shall work with the Director of
the Office of Personnel Management and the heads of other
Federal departments and agencies to expand and facilitate
the use of existing Federal programs and resources in sup-
port of military spouse employment.
‘‘(f) PRIVATE-SECTOR EMPLOYMENT.—The Secretary
of Defense—
‘‘(1) shall seek to develop partnerships with firms
in the private sector to enhance employment opportu-
nities for spouses of members of the armed forces and
to provide for improved job portability for such
spouses, especially in the case of the spouse of a mem-
ber of the armed forces accompanying the member to
a new geographical area because of a change of per-
manent duty station of the member; and
‘‘(2) shall work with the United States Chamber
of Commerce and other appropriate private-sector en-
tities to facilitate the formation of such partnerships.
‘‘(g) EMPLOYMENT WITH DOD CONTRACTORS.—The
Secretary of Defense shall examine and seek ways for incor-
porating hiring preferences for qualified spouses of members
170
of the armed forces into contracts between the Department
of Defense and private-sector entities.’’.
SEC. 562. AUTHORITY TO CONDUCT SURVEYS OF DEPEND-
ENTS AND SURVIVORS OF MILITARY RETIR-
EES.
(a) EXTENSION OF SURVEY AUTHORITY.—Subsection
(a) of section 1782 of title 10, United States Code, is
amended to read as follows:
‘‘(a) AUTHORITY.—The Secretary of Defense, in order
to determine the effectiveness of Federal programs relating
to military families and the need for new programs, may
conduct surveys of—
‘‘(1) members of the armed forces who are on ac-
tive duty, in an active status, or retired;
‘‘(2) family members of such members; and
‘‘(3) survivors of retired members.’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of such
section is amended by striking ‘‘family members’’ and all
that follows through ‘‘armed forces’’ the second place it ap-
pears and inserting ‘‘persons covered by subsection (a)’’.
SEC. 563. CLARIFICATION OF TREATMENT OF CLASSIFIED
INFORMATION CONCERNING PERSONS IN A
MISSING STATUS.
Section 1506(b)(2) of title 10, United States Code, is
amended—
171
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(2) by striking the period at the end and insert-
ing ‘‘of all missing persons from the conflict or period
of war to which the classified information pertains.’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(B) For purposes of subparagraph (A), information
shall be considered to be made reasonably available if placed
in a separate and distinct file that is available for review
by persons specified in subparagraph (A) upon the request
of any such person either to review the separate file or to
review the personnel file of the missing person concerned.’’.
SEC. 564. TRANSPORTATION TO ANNUAL MEETING OF
NEXT-OF-KIN OF PERSONS UNACCOUNTED
FOR FROM CONFLICTS AFTER WORLD WAR II.
(a) IN GENERAL.—(1) Chapter 157 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2647. Transportation to annual meeting of next-of-
kin of persons unaccounted for from con-
flicts after World War II
‘‘The Secretary of Defense may provide transportation
for the next-of-kin of persons who are unaccounted for from
the Korean conflict, the Cold War, Vietnam War era, or
172
the Persian Gulf War to and from an annual meeting in
the United States. Such transportation shall be provided
under such regulations as the Secretary of Defense may pre-
scribe.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2647. Transportation to annual meeting of next-of-kin of persons unaccounted
for from conflicts after World War II.’’.
(b) EFFECTIVE DATE.—Section 2647 of title 10,
United States Code, as added by subsection (a), shall take
effect on October 1, 2001, or the date of the enactment of
this Act, whichever is later.
SEC. 565. AMENDMENTS TO CHARTER OF DEFENSE TASK
FORCE ON DOMESTIC VIOLENCE.
(a) MEMBERS APPOINTED FROM PRIVATE SECTOR.—
Subsection (h)(1) of section 591 of the National Defense Au-
thorization Act for Fiscal Year 2000 (Public Law 106–65;
113 Stat. 639; 10 U.S.C. 1562 note) is amended—
(1) by inserting ‘‘who is a member of the Armed
Forces or civilian officer or employee of the United
States’’ after ‘‘Each member of the task force’’;
(2) by striking ‘‘, but shall’’ and all that follows
and inserting a period; and
(3) by adding at the end the following new sen-
tence: ‘‘Other members of the task force shall be ap-
173
pointed in accordance with, and subject to, section
3161 of title 5, United States Code.’’.
(b) EXTENSION OF TERMINATION DATE.—Subsection
(j) of such section is amended by striking ‘‘three years after
the date of the enactment of this Act’’ and inserting ‘‘on
April 24, 2003’’.
Subtitle H—Military Justice and
Legal Matters
SEC. 571. REQUIREMENT THAT COURTS-MARTIAL CONSIST
OF NOT LESS THAN 12 MEMBERS IN CAPITAL
CASES.
(a) CLASSIFICATION OF GENERAL COURT-MARTIAL IN
CAPITAL CASES.—Section 816(1)(A) of title 10, United
States Code (article 16(1)(A) of the Uniform Code of Mili-
tary Justice) is amended by inserting after ‘‘five members’’
the following: ‘‘or, in a case in which the accused may be
sentenced to a penalty of death, the number of members de-
termined under section 825a of this title (article 25a)’’.
(b) NUMBER OF MEMBERS REQUIRED.—(1) Chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), is amended by inserting after section 825
(article 25) the following new section:
‘‘§ 825a. Art. 25a. Number of members in capital cases
‘‘In a case in which the accused may be sentenced to
a penalty of death, the number of members shall be not less
174
than 12, unless 12 members are not reasonably available
because of physical conditions or military exigencies, in
which case the convening authority shall specify a lesser
number of members not less than five, and the court may
be assembled and the trial held with not less than the num-
ber of members so specified. In such a case, the convening
authority shall make a detailed written statement, to be ap-
pended to the record, stating why a greater number of mem-
bers were not reasonably available.’’.
(2) The table of sections at the beginning of subchapter
V of such chapter is amended by inserting after the item
relating to section 825 (article 25) the following new item:
‘‘825a. 25a. Number of members in capital cases.’’.
(c) ABSENT
AND ADDITIONAL MEMBERS.—Section
829(b) of such title (article 29 of the Uniform Code of Mili-
tary Justice) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by striking ‘‘five members’’ both places it ap-
pears and inserting ‘‘the applicable minimum num-
ber of members’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2) In this section, the term ‘applicable minimum
number of members’ means five members or, in a case in
which the death penalty may be adjudged, the number of
175
members determined under section 825a of this title (article
25a).’’.
(d) APPLICABILITY.—The amendments made by this
section shall apply with respect to offenses committed after
the date of the enactment of this Act.
SEC. 572. RIGHT OF CONVICTED ACCUSED TO REQUEST
SENTENCING BY MILITARY JUDGE.
(a) SENTENCING BY JUDGE.—(1) Chapter 47 of title
10, United States Code (the Uniform Code of Military Jus-
tice), is amended by inserting after section 852 (article 52)
the following new section:
‘‘§ 852a. Art. 52a. Right of accused to request sen-
tencing by military judge rather than by
members
‘‘(a) In the case of an accused convicted of an offense
by a court-martial composed of a military judge and mem-
bers, the sentence shall be tried before and adjudged by the
military judge rather than the members if, after the find-
ings are announced and before evidence in the sentencing
proceeding is introduced, the accused, knowing the identity
of the military judge and after consultation with defense
counsel, requests orally on the record or in writing that the
sentence be tried before and adjudged by the military judge
rather than the members.
176
‘‘(b) This section shall not apply with respect to an
offense for which the death penalty may be adjudged unless
the case has been previously referred to trial as a noncapital
case.’’.
(2) The table of sections at the beginning of subchapter
VII of such chapter is amended by inserting after the item
relating to section 852 (article 52) the following new item:
‘‘852a. 52a. Right of accused to request sentencing by military judge rather than
by members.’’.
(b) EFFECTIVE DATE.—Section 852a of title 10,
United States Code (article 52a of the Uniform Code of
Military Justice), as added by subsection (a), shall apply
with respect to offenses committed after the date of the en-
actment of this Act.
SEC. 573. CODIFICATION OF REQUIREMENT FOR REGULA-
TIONS FOR DELIVERY OF MILITARY PER-
SONNEL 
TO 
CIVIL 
AUTHORITIES 
WHEN
CHARGED WITH CERTAIN OFFENSES
(a) CODIFICATION OF EXISTING PROVISIONS.—Section
814 of title 10, United States Code (article 14 of the Uni-
form Code of Military Justice), is amended by adding at
the end the following new subsection:
‘‘(c) The Secretary of Defense shall ensure that the Sec-
retaries of the military departments prescribe regulations
under subsection (a) and that those regulations are uniform
177
throughout the armed forces under the jurisdiction of the
Secretary of Defense. Those regulations shall—
‘‘(1) specifically provide for the delivery to the
appropriate civil authority for trial, in any appro-
priate case, of a member accused by civil authority of
parental kidnapping or a similar offense, including
criminal contempt arising from any such offense or
from child custody matters; and
‘‘(2) specifically address the special needs for the
exercise of the authority contained in this section (ar-
ticle) in a case in which a member of the armed forces
assigned overseas is accused of an offense by civil au-
thority.’’.
(b) REPEAL OF CODIFIED PROVISIONS.—Section 721
of the National Defense Authorization Act, Fiscal Year 1989
(Public Law 100–456; 10 U.S.C. 814 note), is repealed.
SEC. 574. AUTHORITY TO ACCEPT VOLUNTARY LEGAL SERV-
ICES FOR MEMBERS OF THE ARMED FORCES.
(a) AUTHORITY.—Subsection (a) of section 1588 of
title 10, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(5) Voluntary legal assistance services under
section 1044 of this title.’’.
178
(b) APPLICABLE FEDERAL LAWS.—Subsection (d)(1)
of such section is amended by adding at the end the fol-
lowing new subparagraph:
‘‘(E) Section 1054 of this title (relating to de-
fense of certain suits arising out of legal malpractice),
in the case of persons providing voluntary legal as-
sistance services under subsection (a)(5).’’.
Subtitle I—Other Matters
SEC. 581. SHIPMENT OF PRIVATELY OWNED VEHICLES
WHEN MAKING PERMANENT CHANGE OF STA-
TION MOVES WITHIN UNITED STATES.
Section 2634(h)(1) of title 10, United States Code, is
amended by inserting ‘‘or when the Secretary concerned de-
termines that the transport of a vehicle upon such a transfer
is advantageous and cost-effective to the United States’’ be-
fore the period at the end.
SEC. 582. PAYMENT OF VEHICLE STORAGE COSTS IN AD-
VANCE.
Section 2634(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4) Storage costs payable under this subsection may
be paid in advance.’’.
179
SEC. 583. PERMANENT AUTHORITY FOR USE OF MILITARY
RECRUITING FUNDS FOR CERTAIN EXPENSES
AT DEPARTMENT OF DEFENSE RECRUITING
FUNCTIONS.
(a) REPEAL OF TERMINATION PROVISION.—Section
520c of title 10, United States Code, is amended by striking
subsection (c).
(b) TECHNICAL AMENDMENTS.—Subsection (a) of such
section is amended—
(1) in paragraph (4), by striking ‘‘recruiting
events’’ and inserting ‘‘recruiting functions’’; and
(2) in paragraph (5), by striking ‘‘recruiting ef-
forts’’ the first place it appears and inserting ‘‘re-
cruiting functions’’.
SEC. 584. CLARIFICATION OF MILITARY RECRUITER ACCESS
TO SECONDARY SCHOOL DIRECTORY INFOR-
MATION ABOUT STUDENTS.
Section 503(c)(1) of title 10, United States Code, is
amended by striking ‘‘purposes,’’ and all that follows and
inserting the following: ‘‘purposes—
‘‘(A) the same access to secondary school students
as is provided generally to post-secondary educational
institutions or to prospective employers of those stu-
dents; and
‘‘(B) the same access to directory information
concerning those students as is provided to a post-sec-
180
ondary educational institution upon an indication by
a secondary school student that the student seeks to
enroll or intends to enroll at that institution.’’.
SEC. 585. REPEAL OF REQUIREMENT FOR FINAL COMP-
TROLLER GENERAL REPORT RELATING TO
ARMY END STRENGTH ALLOCATIONS.
Section 552 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 319;
10 U.S.C. 115 note) is repealed.
SEC. 586. POSTHUMOUS ARMY COMMISSION IN THE GRADE
OF CAPTAIN IN THE CHAPLAINS CORPS TO
ELLA E. GIBSON FOR SERVICE AS CHAPLAIN
OF THE FIRST WISCONSIN HEAVY ARTILLERY
REGIMENT DURING THE CIVIL WAR.
The President is authorized and requested to post-
humously appoint Ella E. Gibson to the grade of captain
in the Chaplains Corps of the Army, the commission to
issue as of the date of her appointment as chaplain to the
First Wisconsin Heavy Artillery regiment during the Civil
War and to be considered to have been in effect during the
time during which she faithfully performed the services of
a chaplain to that regiment and for which Congress by law
(Private Resolution 31 of the 40th Congress, approved
March 3, 1869) previously provided for her to be paid the
full pay and emoluments of a chaplain in the United States
181
Army as if she had been regularly commissioned and mus-
tered into service.
SEC. 587. NATIONAL GUARD CHALLENGE PROGRAM.
(a) TERMINATION OF LIMITATION ON FEDERAL EX-
PENDITURES.—Subsection (b)(2)(A) of section 509 of title
32, United States Code, is amended by striking ‘‘in a fiscal
year’’ and inserting ‘‘in fiscal year 2001 or 2002’’.
(b) MATCHING FUNDS REQUIREMENTS.—Subsection
(d) of such section is amended by striking paragraphs (1)
through (4) and inserting the following new paragraphs:
‘‘(1) for fiscal years 2001 and 2002, 60 percent
of the costs of operating the State program during
that fiscal year; and
‘‘(2) for fiscal year 2003 and each subsequent fis-
cal year, 75 percent of the costs of operating the State
program during that fiscal year.’’.
(c) REPEAL OF CONTINGENT FUNDING FOR JROTC.—
(1) Section 2033 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
102 of such title is amended by striking the item relating
to section 2033.
(3) The amendments made by this subsection shall take
effect on October 1, 2002.
182
SEC. 588. PAYMENT OF FEHBP PREMIUMS FOR CERTAIN RE-
SERVISTS CALLED TO ACTIVE DUTY IN SUP-
PORT OF CONTINGENCY OPERATIONS.
(a) IN GENERAL.—Subsection (e) of section 8906 of
title 5, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(3)(A) An employing agency may pay both the em-
ployee and Government contributions, and any additional
administrative expenses otherwise chargeable to the em-
ployee, with respect to health care coverage for an employee
described in subparagraph (B) and the family of such em-
ployee.
‘‘(B) An employee referred to in subparagraph (A) is
an employee who—
‘‘(i) is enrolled in a health benefits plan under
this chapter;
‘‘(ii) is a member of a reserve component of the
armed forces;
‘‘(iii) is called or ordered to active duty in sup-
port of a contingency operation (as defined in section
101(a)(13) of title 10);
‘‘(iv) is placed on leave without pay or separated
from service to perform active duty; and
‘‘(v) serves on active duty for a period of more
than 30 consecutive days.
183
‘‘(C) Notwithstanding the one-year limitation on cov-
erage described in paragraph (1)(A), payment may be made
under this paragraph for a period not to exceed 18
months.’’.
(b) CONFORMING AMENDMENT.—The matter preceding
paragraph (1) in subsection (f) of such section is amended
to read as follows:
‘‘(f) The Government contribution, and any additional
payments under subsection (e)(3)(A), for health benefits for
an employee shall be paid—’’.
(c) APPLICABILITY.—The amendments made by this
section apply with respect to employees called to active duty
on or after December 8, 1995, and an agency may make
retroactive payments to such employees for premiums paid
on or after such date.
SEC. 589. 18-MONTH ENLISTMENT PILOT PROGRAM.
(a) IN GENERAL.—(1) Chapter 333 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 3264. 18-month enlistment pilot program
‘‘(a) During the pilot program period, the Secretary
of the Army shall carry out a pilot program with the objec-
tive of increasing participation of prior service persons in
the Selected Reserve and providing assistance in building
the pool of participants in the Individual Ready Reserve.
184
‘‘(b) Under the program, the Secretary may, notwith-
standing section 505(c) of this title, accept persons for origi-
nal enlistment in the Army for a term of enlistment con-
sisting of 18 months service on active duty, to be followed
by three years of service in the Selected Reserve and then
service in the Individual Ready Reserve to complete the
military service obligation.
‘‘(c) No more than 10,000 persons may be accepted for
enlistment in the Army through the program under this sec-
tion.
‘‘(d) A person enlisting in the Army through the pro-
gram under this section is eligible for an enlistment bonus
under section 309 of title 37, notwithstanding the enlist-
ment time period specified in subsection (a) of that section.
‘‘(e) For purposes of the program under this section,
the pilot program period is the period beginning on October
1, 2003, and ending on December 31, 2007.
‘‘(f) Not later than December 31, 2007, and December
31, 2012, the Secretary of the Army shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
a report on the program under this section. In each such
report, the Secretary shall set forth the views of the Sec-
retary on the success of the program in meeting the objec-
tives stated in subsection (a) and whether the program
185
should be continued and, if so, whether it should be modified
or expanded.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘3264. 18-month enlistment pilot program.’’.
(b) IMPLEMENTATION REPORT.—The Secretary of the
Army shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the
House of Representatives a report on the Secretary’s plan
for implementation of section 3264 of title 10, United States
Code, as added by subsection (a). Such report shall be sub-
mitted not later than March 1, 2002.
SEC. 590. PER DIEM ALLOWANCE FOR LENGTHY OR NUMER-
OUS DEPLOYMENTS.
(a) FUNDING SOURCE
FOR ALLOWANCE.—Section
436(a) of title 37, United States Code, is amended by add-
ing at the end the following new sentence: ‘‘The Secretary
shall pay the allowance from appropriations available for
operation and maintenance for the armed force in which
the member serves.’’.
(b) EXPANDED REPORT REGARDING MANAGEMENT OF
INDIVIDUAL MEMBER DEPLOYMENTS.—Section 574(d) of
the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106–398;
114 Stat. 1654A–138) is amended in the second sentence
186
by striking paragraphs (1) and (2) and inserting the fol-
lowing new paragraphs:
‘‘(1) a discussion of the experience in tracking
and recording the deployments of members of the
Armed Forces and the payment of the per diem allow-
ance for lengthy or numerous deployments in accord-
ance with section 436 of title 37, United States Code;
‘‘(2) specific comments regarding the effect of sec-
tion 991 of title 10, United States Code, and section
436 of title 37, United States Code, on the readiness
of the Navy and Marine Corps given the deployment
intensive mission of these services; and
‘‘(3) any recommendations for revision of section
991 of title 10, United States Code, or section 436 of
title 37, United States Code, that the Secretary con-
siders appropriate.’’.
SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE
IN GROUND COMBAT EXCLUSION POLICY.
Section 542(b) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.
113 note) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘not less than 90 days’’;
and
187
(B) by adding at the end the following new
sentence: ‘‘Such a change may then be imple-
mented only after the end of a period of 60 days
of continuous session of Congress (excluding any
day on which either House of Congress is not in
session) following the date on which the report is
received.’’; and
(2) by adding at the end the following new para-
graph:
‘‘(5) For purposes of this subsection, the continuity of
a session of Congress is broken only by an adjournment of
the Congress sine die.’’.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2002 re-
quired by section 1009 of title 37, United States Code, in
the rates of monthly basic pay authorized members of the
uniformed services shall not be made.
(b) INCREASE IN BASIC PAY.—Effective on January
1, 2002, the rates of monthly basic pay for members of the
uniformed services within each pay grade are as follows:
188
COMMISSIONED OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–10 2
$0.00
$0.00
$0.00
$0.00
$0.00
O–9 ....
0.00
0.00
0.00
0.00
0.00
O–8 ....
7,180.20
7,415.40
7,571.10
7,614.90
7,809.30
O–7 ....
5,966.40
6,371.70
6,371.70
6,418.20
6,657.90
O–6 ....
4,422.00
4,857.90
5,176.80
5,176.80
5,196.60
O–5 ....
3,537.00
4,152.60
4,440.30
4,494.30
4,673.10
O–4 ....
3,023.70
3,681.90
3,927.60
3,982.50
4,210.50
O–3 3
2,796.60
3,170.40
3,421.80
3,698.70
3,875.70
O–2 3
2,416.20
2,751.90
3,169.50
3,276.30
3,344.10
O–1 3
2,097.60
2,183.10
2,638.50
2,638.50
2,638.50
Over 8
Over 10
Over 12
Over 14
Over 16
O–10 2
$0.00
$0.00
$0.00
$0.00
$0.00
O–9 ....
0.00
0.00
0.00
0.00
0.00
O–8 ....
8,135.10
8,210.70
8,519.70
8,608.50
8,874.30
O–7 ....
6,840.30
7,051.20
7,261.80
7,472.70
8,135.10
O–6 ....
5,418.90
5,448.60
5,448.60
5,628.60
6,305.70
O–5 ....
4,673.10
4,813.50
5,073.30
5,413.50
5,755.80
O–4 ....
4,395.90
4,696.20
4,930.20
5,092.50
5,255.70
O–3 3
4,070.10
4,232.40
4,441.20
4,549.50
4,549.50
O–2 3
3,344.10
3,344.10
3,344.10
3,344.10
3,344.10
O–1 3
2,638.50
2,638.50
2,638.50
2,638.50
2,638.50
Over 18
Over 20
Over 22
Over 24
Over 26
O–10 2
$0.00
11,601.90
11,659.20
11,901.30
12,324.00
O–9 ....
0.00
10,147.50
10,293.60
10,504.80
10,873.80
O–8 ....
9,259.50
9,614.70
9,852.00
9,852.00
9,852.00
O–7 ....
8,694.90
8,694.90
8,694.90
8,694.90
8,738.70
O–6 ....
6,627.00
6,948.30
7,131.00
7,316.10
7,675.20
O–5 ....
5,919.00
6,079.80
6,262.80
6,262.80
6,262.80
O–4 ....
5,310.60
5,310.60
5,310.60
5,310.60
5,310.60
O–3 3
4,549.50
4,549.50
4,549.50
4,549.50
4,549.50
O–2 3
3,344.10
3,344.10
3,344.10
3,344.10
3,344.10
O–1 3
2,638.50
2,638.50
2,638.50
2,638.50
2,638.50
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for com-
missioned officers in pay grades 0–7 through O–10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of
pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force,
Commandant of the Marine Corps, or Commandant of the Coast Guard, the rate of basic pay for this
grade is $13,598.10, regardless of cumulative years of service computed under section 205 of title 37,
United States Code.
3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been
credited with over 4 years of active duty service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–3E
$0.00
$0.00
$0.00
3,698.70
3,875.70
O–2E
0.00
0.00
0.00
3,276.30
3,344.10
O–1E
0.00
0.00
0.00
2,638.50
2,818.20
Over 8
Over 10
Over 12
Over 14
Over 16
O–3E
4,070.10
4,232.40
4,441.20
4,617.00
4,717.50
O–2E
3,450.30
3,630.00
3,768.90
3,872.40
3,872.40
189
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–1E
2,922.30
3,028.50
3,133.20
3,276.30
3,276.30
Over 18
Over 20
Over 22
Over 24
Over 26
O–3E
4,855.20
4,855.20
4,855.20
4,855.20
4,855.20
O–2E
3,872.40
3,872.40
3,872.40
3,872.40
3,872.40
O–1E
3,276.30
3,276.30
3,276.30
3,276.30
3,276.30
WARRANT OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
W–5 ...
$0.00
$0.00
$0.00
$0.00
$0.00
W–4 ...
2,889.60
3,108.60
3,198.00
3,285.90
3,437.10
W–3 ...
2,638.80
2,862.00
2,862.00
2,898.90
3,017.40
W–2 ...
2,321.40
2,454.00
2,569.80
2,654.10
2,726.40
W–1 ...
2,049.90
2,217.60
2,330.10
2,402.70
2,511.90
Over 8
Over 10
Over 12
Over 14
Over 16
W–5 ...
$0.00
$0.00
$0.00
$0.00
$0.00
W–4 ...
3,586.50
3,737.70
3,885.30
4,038.00
4,184.40
W–3 ...
3,152.40
3,330.90
3,439.50
3,558.30
3,693.90
W–2 ...
2,875.20
2,984.40
3,093.90
3,200.40
3,318.00
W–1 ...
2,624.70
2,737.80
2,850.00
2,963.70
3,077.10
Over 18
Over 20
Over 22
Over 24
Over 26
W–5 ...
$0.00
4,965.60
5,136.00
5,307.00
5,478.60
W–4 ...
4,334.40
4,480.80
4,632.60
4,782.00
4,935.30
W–3 ...
3,828.60
3,963.60
4,098.30
4,233.30
4,368.90
W–2 ...
3,438.90
3,559.80
3,680.10
3,801.30
3,801.30
W–1 ...
3,189.90
3,275.10
3,275.10
3,275.10
3,275.10
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for war-
rant officers may not exceed the rate of pay for level V of the Executive Schedule.
190
ENLISTED MEMBERS 1
Years of service computed under section 205 of title 37, United States Code
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
E–9 2
$0.00
$0.00
$0.00
$0.00
$0.00
E–8 ....
0.00
0.00
0.00
0.00
0.00
E–7 ....
1,986.90
2,169.00
2,251.50
2,332.50
2,417.40
E–6 ....
1,701.00
1,870.80
1,953.60
2,033.70
2,117.40
E–5 ....
1,561.50
1,665.30
1,745.70
1,828.50
1,912.80
E–4 ....
1,443.60
1,517.70
1,599.60
1,680.30
1,752.30
E–3 ....
1,303.50
1,385.40
1,468.50
1,468.50
1,468.50
E–2 ....
1,239.30
1,239.30
1,239.30
1,239.30
1,239.30
E–1 ....
3 1,105.50
1,105.50
1,105.50
1,105.50
1,105.50
Over 8
Over 10
Over 12
Over 14
Over 16
E–9 2
$0.00
$3,423.90
3,501.30
3,599.40
3,714.60
E–8 ....
2,858.10
2,940.60
3,017.70
3,110.10
3,210.30
E–7 ....
2,562.90
2,645.10
2,726.40
2,808.00
2,892.60
E–6 ....
2,254.50
2,337.30
2,417.40
2,499.30
2,558.10
E–5 ....
2,030.10
2,110.20
2,193.30
2,193.30
2,193.30
E–4 ....
1,752.30
1,752.30
1,752.30
1,752.30
1,752.30
E–3 ....
1,468.50
1,468.50
1,468.50
1,468.50
1,468.50
E–2 ....
1,239.30
1,239.30
1,239.30
1,239.30
1,239.30
E–1 ....
1,105.50
1,105.50
1,105.50
1,105.50
1,105.50
Over 18
Over 20
Over 22
Over 24
Over 26
E–9 2
$3,830.40
3,944.10
4,098.30
4,251.30
4,467.00
E–8 ....
3,314.70
3,420.30
3,573.00
3,724.80
3,937.80
E–7 ....
2,975.10
3,057.30
3,200.40
3,292.80
3,526.80
E–6 ....
2,602.80
2,602.80
2,602.80
2,602.80
2,602.80
E–5 ....
2,193.30
2,193.30
2,193.30
2,193.30
2,193.30
E–4 ....
1,752.30
1,752.30
1,752.30
1,752.30
1,752.30
E–3 ....
1,468.50
1,468.50
1,468.50
1,468.50
1,468.50
E–2 ....
1,239.30
1,239.30
1,239.30
1,239.30
1,239.30
E–1 ....
1,105.50
1,105.50
1,105.50
1,105.50
1,105.50
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for en-
listed members may not exceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief
Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine
Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $5,382.90, re-
gardless of cumulative years of service computed under section 205 of title 37, United States Code.
3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, the
rate of basic pay is $1,022.70.
SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMIS-
SIONED OFFICERS WITH PRIOR SERVICE AS
AN ENLISTED MEMBER OR WARRANT OFFI-
CER.
Section 203(d) of title 37, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
191
(2) by striking ‘‘who is credited’’ and all that
follows through ‘‘and enlisted member’’ and inserting
‘‘is described in paragraph (2)’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2) Paragraph (1) applies with respect to a commis-
sioned officer in pay grade O–1, O–2, or O–3 who—
‘‘(A) is credited with a total of over four years’
active service as warrant officer or as a warrant offi-
cer and enlisted member; or
‘‘(B) earned a total of more than 1,460 points
credited under section 12732(a)(2) of title 10 while
serving as a warrant officer or enlisted member.’’.
SEC. 603. SUBSISTENCE ALLOWANCES.
(a) BASIC ALLOWANCE FOR SUBSISTENCE.—Section
402 of title 37, United States Code, is amended—
(1) in subsection (b), by adding at the end the
following new paragraph:
‘‘(4) For purposes of implementing paragraph (2), the
monthly rate of basic allowance for subsistence that was in
effect for an enlisted member for calendar year 2001 shall
be deemed to be $233.’’; and
(2) by striking subsection (d) and inserting the
following new subsection:
192
‘‘(d) SPECIAL RULE FOR ENLISTED MEMBERS WHO
MESS SEPARATELY.—The Secretary of Defense may pre-
scribe a basic allowance for subsistence for enlisted members
at a rate higher than the rate provided for in subsection
(b) when messing facilities of the United States are not
available for the members.’’
(b) TERMINATION OF BAS TRANSITIONAL AUTHOR-
ITY.—Effective as of October 1, 2001, section 603(c) of the
Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted by Public Law 106–398; 114
Stat. 1654A–145) is amended by striking ‘‘October 1, 2001’’
and inserting ‘‘January 1, 2002’’.
(c) FAMILY SUBSISTENCE SUPPLEMENTAL ALLOW-
ANCE
FOR
LOW-INCOME
MEMBERS
OF
THE
ARMED
FORCES.—Section 402a(b)(1) of title 37, United States
Code, is amended by inserting ‘‘with dependents’’ after ‘‘a
member of the armed forces’’.
SEC. 604. ELIGIBILITY FOR BASIC ALLOWANCE FOR HOUS-
ING WHILE BETWEEN PERMANENT DUTY STA-
TIONS.
(a) REPEAL OF PAY GRADE LIMITATION.—Section
403(i) of title 37, United States Code, is amended by strik-
ing ‘‘who is in a pay grade E–4 (4 or more years of service)
or above’’.
193
(b) EFFECTIVE DATE; APPLICATION.—The amendment
made by this section shall take effect on January 1, 2003,
and apply to members of the uniformed services in a travel
or leave status between permanent duty stations on or after
that date.
SEC. 605. UNIFORM ALLOWANCE FOR OFFICERS.
(a) RELATION TO INITIAL UNIFORM ALLOWANCE.—
Section 416(b)(1) of title 37, United States Code, is amend-
ed by striking ‘‘$200’’ and inserting ‘‘$400’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall take effect as of October 1, 2000.
SEC. 606. FAMILY SEPARATION ALLOWANCE FOR CERTAIN
MEMBERS ELECTING TO SERVE UNACCOM-
PANIED TOUR OF DUTY.
(a) AVAILABILITY OF ALLOWANCE.—Section 427(c) of
title 37, United States Code, is amended—
(1) by striking ‘‘A member’’ in the first sentence
and inserting ‘‘(1) Except as provided in paragraph
(2) or (3), a member’’;
(2) by redesignating the second sentence as para-
graph (3); and
(3) by inserting after the first sentence the fol-
lowing new paragraph:
‘‘(2) A member who elects to serve an unaccompanied
tour of duty because the movement of a dependent of the
194
member to the permanent station is denied for certified
medical reasons is entitled to an allowance under subsection
(a)(1)(A).’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January 1,
2002. Paragraph (2) of section 427(c) of title 37, United
States Code, as added by subsection (a), shall apply with
respect to pay periods beginning on or after that date for
a member of the uniformed services covered by such para-
graph regardless of the date on which the member first made
the election to serve an unaccompanied tour of duty.
Subtitle B—Bonuses and Special
and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND
SPECIAL PAY AUTHORITIES FOR RESERVE
FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(f ) of title 37, United States Code, is amended by strik-
ing ‘‘December 31, 2001’’ and inserting ‘‘December 31,
2002’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f ) of such title is amended by striking ‘‘De-
cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
195
(c) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of such title is amended by striking ‘‘December
31, 2001’’ and inserting ‘‘December 31, 2002’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of
such title is amended by striking ‘‘December 31, 2001’’ and
inserting ‘‘December 31, 2002’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of such title is amended by striking ‘‘December
31, 2001’’ and inserting ‘‘December 31, 2002’’.
(f ) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS.—Section 308h(g) of such title is amended by
striking ‘‘December 31, 2001’’ and inserting ‘‘December 31,
2002’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(f ) of such title is amended by striking ‘‘December 31,
2001’’ and inserting ‘‘December 31, 2002’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN
HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED
RESERVE.—Section 16302(d) of title 10, United States
Code, is amended by striking ‘‘January 1, 2002’’ and in-
serting ‘‘January 1, 2003’’.
196
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND
SPECIAL PAY AUTHORITIES FOR NURSE OFFI-
CER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code,
is amended by striking ‘‘December 31, 2001’’ and inserting
‘‘December 31, 2002’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
amended by striking ‘‘December 31, 2001’’ and inserting
‘‘December 31, 2002’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
Code, is amended by striking ‘‘December 31, 2001’’ and in-
serting ‘‘December 31, 2002’’.
SEC. 613. ONE-YEAR EXTENSION OF OTHER BONUS AND
SPECIAL PAY AUTHORITIES.
(a) AVIATION OFFICER RETENTION BONUS.—Section
301b(a) of title 37, United States Code, is amended by strik-
ing ‘‘December 31, 2001’’ and inserting ‘‘December 31,
2002’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—
Section 308(g) of such title is amended by striking ‘‘Decem-
ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.
197
(c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Sec-
tion 309(e) of such title is amended by striking ‘‘December
31, 2001’’ and inserting ‘‘December 31, 2002’’.
(d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)
of such title is amended by striking ‘‘December 31, 2001’’
and inserting ‘‘December 31, 2002’’.
(e) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of such title is amended by striking ‘‘December 31,
2001’’ and inserting ‘‘December 31, 2002’’.
(f) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of such title is amended by striking ‘‘De-
cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
(g) RETENTION BONUS FOR MEMBERS WITH CRITICAL
MILITARY SKILLS.—Section 323(i) of such title is amended
by striking ‘‘December 31, 2001’’ and inserting ‘‘December
31, 2002’’.
SEC. 614. CONFORMING ACCESSION BONUS FOR DENTAL
OFFICERS AUTHORITY WITH AUTHORITIES
FOR OTHER SPECIAL PAY AND BONUSES.
Section 302h(a)(1) of title 37, United States Code, is
amended by striking ‘‘the date of the enactment of this sec-
tion, and ending on September 30, 2002’’ and inserting
‘‘September 23, 1996, and ending on December 31, 2002’’.
198
SEC. 615. ADDITIONAL TYPE OF DUTY RESULTING IN ELIGI-
BILITY FOR HAZARDOUS DUTY INCENTIVE
PAY.
(a) PERFORMANCE OF MARITIME BOARD AND SEARCH
OPERATIONS.—Section 301(a) of title 37, United States
Code, is amended—
(1) in paragraph (10), by striking ‘‘or’’ at the
end;
(2) by redesignating paragraph (11) as para-
graph (12); and
(3) by inserting after paragraph (10) the fol-
lowing new paragraph:
‘‘(11) involving regular participation as a mem-
ber of a team conducting visit, board, search, and sei-
zure operations aboard vessels in support of maritime
interdiction operations; or’’.
(b) MONTHLY AMOUNT.—Subsection (c) of such section
is amended—
(1) in paragraph (1), by striking ‘‘(10)’’ and in-
serting ‘‘(11)’’; and
(2) in paragraph (2)(A), by striking ‘‘(11)’’ and
inserting ‘‘(12)’’.
(c) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January 1,
2002, and apply to duty described in the amendment made
by subsection (a)(2) on or after that date.
199
SEC. 616. EQUAL TREATMENT OF RESERVISTS PERFORMING
INACTIVE-DUTY TRAINING FOR RECEIPT OF
AVIATION CAREER INCENTIVE PAY.
(a) INCENTIVE PAY EQUITY FOR RESERVISTS.—Sub-
section (d) of section 301a of title 37, United States Code,
is amended to read as follows:
‘‘(d) MEMBERS PERFORMING INACTIVE-DUTY TRAIN-
ING.—Under regulations prescribed by the President and
to the extent provided for by appropriations, in the case
of a member of a reserve component of a uniformed service,
or of the National Guard, who is entitled to compensation
under section 206 of this title, and who performs, under
orders, duty described in subsection (a), the member is also
entitled to monthly incentive pay under subsection (b) for
the performance of that duty in the same manner as a mem-
ber with corresponding years of aviation service who is enti-
tled to basic pay. Such member is entitled to the incentive
pay for as long as the member remains qualified for it, as
provided in subsection (a). This subsection does not apply
to a member who is entitled to basic pay under section 204
of this title.’’.
(b) EFFECTIVE DATE; APPLICATION.—The amendment
made by this section shall take effect on January 1, 2002,
and apply to duty described in the amendment made by
subsection (a)(2) on or after that date.
200
SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUB-
MARINE DUTY INCENTIVE PAY RATES.
(a) AUTHORITY OF SECRETARY OF THE NAVY; MAX-
IMUM RATE.—Section 301c of title 37, United States Code,
is amended by striking subsection (b) and inserting the fol-
lowing new subsection:
‘‘(b) MONTHLY RATES.—(1) Subject to paragraph (2),
a member who meets the requirements prescribed in sub-
section (a) is entitled to monthly submarine duty incentive
pay in an amount prescribed by the Secretary of the Navy.
‘‘(2) The monthly amount of submarine duty incentive
pay may not exceed $1,000.’’.
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a), by striking ‘‘set forth in’’
each place it appears and inserting ‘‘prescribed pur-
suant to’’; and
(2) in subsection (d), by striking ‘‘authorized by’’
and inserting ‘‘prescribed pursuant to’’.
(c) EFFECTIVE DATE; TRANSITION.—The amendments
made by this section shall take effect on January 1, 2002.
The tables set forth in subsection (b) of section 301c of title
37, United States Code, as in effect on December 31, 2001,
shall continue to apply until the Secretary of the Navy pre-
scribes new submarine duty incentive pay rates as author-
ized by the amendment made by subsection (a).
201
SEC. 618. IMPOSITION OF CRITICAL WARTIME SKILL RE-
QUIREMENT 
FOR 
ELIGIBILITY 
FOR 
INDI-
VIDUAL READY RESERVE BONUS.
Section 308h(a)(1) of title 37, United States Code, is
amended—
(1) by striking ‘‘and who’’ and inserting ‘‘, who
is qualified in a skill or speciality designated by the
Secretary concerned as critically short to meet war-
time requirements, and who’’; and
(2) by striking ‘‘a combat or combat support
skill of’’.
SEC. 619. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR
CAREER STATUS BONUS.
(a) MEMBER ELECTION.—Section 322(d) of title 37,
United States Code, is amended—
(1) in paragraph (1), by striking ‘‘paid in a sin-
gle lump sum of’’ and inserting ‘‘equal to’’;
(2) by redesignating paragraph (2) as para-
graph (4), and in such paragraph, by striking ‘‘The
bonus’’ and inserting ‘‘The lump sum payment of the
bonus, and the first installment payment in the case
of members who elect to receive the bonus in install-
ments,’’; and
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs:
202
‘‘(2) A member electing to receive the bonus under this
section shall elect one of the following payment options:
‘‘(A) A single lump sum of $30,000.
‘‘(B) Two installments of $15,000 each.
‘‘(C) Three installments of $10,000 each.
‘‘(D) Four installments of $7,500 each.
‘‘(E) Five installments of $6,000 each.
‘‘(3) If a member elects installment payments under
paragraph (2), the second installment (and subsequent in-
stallments, as applicable) shall be paid on the earlier of the
following dates:
‘‘(A) The annual anniversary date of the pay-
ment of the first installment.
‘‘(B) January 15 of each succeeding calendar
year.’’.
(c) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on the date of
the enactment of this Act. The Secretary concerned (as de-
fined in section 101(5) of title 37, United States Code) shall
extend to each member of the uniformed services who has
executed the written agreement required by subsection (a)(2)
of section 322 of such title before that date, but who has
not received the lump sum payment by that date, an oppor-
tunity to make the election authorized by subsection (d) of
such section, as amended by subsection (a) of this section.
203
SEC. 620. ACCESSION BONUS FOR NEW OFFICERS.
(a) BONUS AUTHORIZED.—Chapter 5 of title 37,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 324. Special pay: accession bonus for new officers
‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regula-
tions prescribed by the Secretary concerned, a person who
executes a written agreement to accept a commission as an
officer of the armed forces and serve on active duty for the
period specified in the agreement may, upon acceptance of
the agreement by the Secretary concerned, be paid an acces-
sion bonus in an amount determined by the Secretary con-
cerned.
‘‘(b) LIMITATION
ON
AMOUNT
OF
BONUS.—The
amount of an accession bonus under subsection (a) may not
exceed $100,000.
‘‘(c) PAYMENT METHOD.—Upon acceptance of a writ-
ten agreement under subsection (a) by the Secretary con-
cerned, the total amount of the accession bonus payable
under the agreement becomes fixed. The agreement shall
specify whether the accession bonus will be paid by the Sec-
retary in a lump sum or installments.
‘‘(d) RELATION TO OTHER ACCESSION BONUS AU-
THORITY.—An individual may not receive a accession
bonus under this section and section 302d, 302h, 302j, or
312b of this title for the same period of service.
204
‘‘(e) REPAYMENT.—(1) If an individual who has en-
tered into an agreement under subsection (a) and has re-
ceived all or part of the accession bonus under the agree-
ment fails to accept a commission as an officer or to com-
mence or complete the total period of active duty service
specified in the agreement, the Secretary concerned may re-
quire the individual to repay the United States, on a pro
rata basis and to the extent that the Secretary determines
conditions and circumstances warrant, any or all of the
amount paid to the individual under the agreement.
‘‘(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
‘‘(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of a writ-
ten agreement entered into under subsection (a) does not
discharge the individual signing the agreement from a debt
arising under such agreement or under paragraph (1).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘324. Special pay: accession bonus for new officers.’’.
205
Subtitle C—Travel and
Transportation Allowances
SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND
TRANSPORTATION ALLOWANCE FOR TRAVEL
PERFORMED UPON A CHANGE OF PERMA-
NENT STATION AND CERTAIN OTHER TRAVEL.
(a) ESTABLISHMENT
OF RATE.—Section 404(d) of
title 37, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(5) The per diem rates established under paragraph
(2)(A) for travel performed in connection with a change of
permanent station or for travel described in paragraph (2)
or (3) of subsection (a) shall be equal to the standard per
diem rates established in the Federal travel regulation for
travel within the continental United States of civilian em-
ployees and their dependents, unless the Secretaries con-
cerned determines that a higher rate for members is more
appropriate.’’.
(b) EFFECTIVE DATE; APPLICATION.—The amendment
made by this section shall take effect on January 1, 2003,
and apply to travel covered by such amendment that is per-
formed on or after that date by members of the uniformed
services and their dependents.
206
SEC. 632. PAYMENT OR REIMBURSEMENT OF TEMPORARY
SUBSISTENCE EXPENSES.
(a) INCLUSION OF OFFICERS.—Subsection (a)(2)(C) of
section 404a of title 37, United States Code, is amended
by striking ‘‘an enlisted member’’ and inserting ‘‘a mem-
ber’’.
(b) INCREASE
IN
MAXIMUM
DAILY
AUTHORIZED
RATE.—Subsection (e) of such section is amended by strik-
ing ‘‘$110’’ and inserting ‘‘$180’’.
(c) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January 1,
2002, and apply with respect to an order in connection with
a change of permanent station issued on or after that date.
SEC. 633. INCREASED WEIGHT ALLOWANCE FOR TRANSPOR-
TATION OF BAGGAGE AND HOUSEHOLD EF-
FECTS FOR JUNIOR ENLISTED MEMBERS.
(a) INCREASED WEIGHT ALLOWANCES.—The table in
section 406(b)(1)(C) of title 37, United States Code, is
amended—
(1) by striking the two footnotes; and
(2) by striking the items relating to pay grade
E–1 through E–4 and inserting the following new
items:
‘‘E–4 ..........................................................................................................................
7,000
8,000
‘‘E–3 ..........................................................................................................................
5,000
8,000
‘‘E–2 ..........................................................................................................................
5,000
8,000
‘‘E–1 ..........................................................................................................................
5,000
8,000’’.
207
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January 1,
2003, and apply with respect to an order in connection with
a change of temporary or permanent station issued on or
after that date.
SEC. 634. REIMBURSEMENT OF MEMBERS FOR MANDATORY
PET QUARANTINE FEES FOR HOUSEHOLD
PETS.
Section 406(a)(1) of title 37, United States Code, is
amended in the last sentence by striking ‘‘$275’’ and insert-
ing ‘‘$675’’.
SEC. 635. AVAILABILITY OF DISLOCATION ALLOWANCE FOR
MARRIED MEMBER, WHOSE SPOUSE IS A MEM-
BER, ASSIGNED TO MILITARY FAMILY HOUS-
ING.
(a) ALLOWANCE AVAILABLE.—Section 407(a)(2) of
title 37, United States Code, is amended by adding at the
end the following new subparagraph:
‘‘(F) A member married to another member, both
of whom are without other dependents, who actually
moves to a new permanent duty station where the
member is assigned to family housing provided by the
United States, except that only one dislocation allow-
ance may be paid to the married couple with respect
to the move.’’.
208
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January 1,
2003, and apply with respect to an order to move for a
member of a uniformed service issued on or after that date.
SEC. 636. ELIMINATION OF PROHIBITION ON RECEIPT OF
DISLOCATION ALLOWANCE BY MEMBERS OR-
DERED TO FIRST DUTY STATION.
(a) ALLOWANCE AVAILABLE.—Section 407(e) of title
37, United States Code, is amended—
(1) by striking ‘‘FIRST OR LAST DUTY’’ and in-
serting ‘‘EFFECT OF ORDER FROM LAST DUTY STA-
TION’’; and
(2) by striking ‘‘from the member’s home to the
member’s first duty station or’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January 1,
2003, and apply with respect to an order to move for a
member of a uniformed service issued on or after that date.
SEC. 637. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED
FOR HOUSING MOVES ORDERED FOR GOV-
ERNMENT CONVENIENCE.
(a) AUTHORIZATION OF PARTIAL DISLOCATION AL-
LOWANCE.—Section 407 of title 37, United States Code is
amended—
209
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following
new subsection:
‘‘(f) PARTIAL DISLOCATION ALLOWANCE.—(1) Under
regulations prescribed by the Secretary concerned, a mem-
ber ordered to occupy or vacate family housing provided
by the United States to permit the privatization or renova-
tion of housing or for any other reason (other than pursuant
to a permanent change of station) may be paid a partial
dislocation allowance of $500.
‘‘(2) Effective on the same date that the monthly rates
of basic pay for all members are increased under section
1009 of this title or another provision of law, the Secretary
of Defense shall adjust the rate of the partial dislocation
allowance authorized by this subsection by the percentage
equal to the average percentage increase in the rates of basic
pay.
‘‘(3) Subsections (c) and (d) do not apply to the par-
tial dislocation allowance authorized by this subsection.’’.
(b) EFFECTIVE DATE; APPLICATION.—The amend-
ments made by this section shall take effect on January 1,
2002, and apply with respect to an order to move for a
member of a uniformed service issued on or after that date.
210
SEC. 638. ALLOWANCES FOR TRAVEL PERFORMED IN CON-
NECTION WITH MEMBERS TAKING AUTHOR-
IZED LEAVE BETWEEN CONSECUTIVE OVER-
SEAS TOURS.
Section 411b(a)(1) of title 37, United States Code, is
amended by striking ‘‘, or his designee, or to a place no
farther distant than his home of record’’.
SEC. 639. FUNDED STUDENT TRAVEL AS PART OF SCHOOL-
SPONSORED EXCHANGE PROGRAMS.
(a) RECOGNITION OF TEMPORARY EXCHANGE PRO-
GRAMS.—Section 430 of title 37, United States Code, is
amended—
(1) in subsection (a)(3), by inserting before the
comma at the end the following: ‘‘or is attending a
school outside the continental United States, if the de-
pendent is attending the school outside the continental
United States for less than one year under a program
approved by the school in the continental United
States at which the dependent is enrolled’’; and
(2) in subsection (b)(1), by striking ‘‘in the con-
tinental United States for the purpose of obtaining a
formal education’’ in the first sentence and inserting
‘‘described in subsection (a)(3)’’.
(b) LIMITATION ON AMOUNT OF ALLOWANCE.—Sub-
section (b) of such section is amended by adding at the end
the following new paragraph:
211
‘‘(3) The transportation allowance under paragraph
(1) for a dependent child who is attending a school outside
the continental United States for less than one year under
a program approved by the school in the continental United
States at which the dependent is enrolled shall not exceed
the allowance the member would be paid for a trip between
the school in the continental United States and the mem-
ber’s duty station outside the continental United States and
return.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on January 1, 2002.
Subtitle D—Retirement and
Survivor Benefit Matters
SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RE-
CEIPT OF MILITARY RETIRED PAY AND VET-
ERANS’ DISABILITY COMPENSATION.
(a) RESTORATION
OF RETIRED PAY BENEFITS.—
Chapter 71 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 1414. Members eligible for retired pay who have
service-connected disabilities: payment of
retired pay and veterans’ disability com-
pensation; contingent authority
‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM-
PENSATION.—Subject to subsection (b), a member or former
212
member of the uniformed services who is entitled to retired
pay (other than as specified in subsection (c)) and who is
also entitled to veterans’ disability compensation is entitled
to be paid both without regard to sections 5304 and 5305
of title 38, subject to the enactment of qualifying offsetting
legislation as specified in subsection (f).
‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIR-
EES.—The retired pay of a member retired under chapter
61 of this title with 20 years or more of service otherwise
creditable under section 1405 of this title at the time of the
member’s retirement is subject to reduction under sections
5304 and 5305 of title 38, but only to the extent that the
amount of the member’s retired pay under chapter 61 of
this title exceeds the amount of retired pay to which the
member would have been entitled under any other provision
of law based upon the member’s service in the uniformed
services if the member had not been retired under chapter
61 of this title.
‘‘(c) EXCEPTION.—Subsection (a) does not apply to a
member retired under chapter 61 of this title with less than
20 years of service otherwise creditable under section 1405
of this title at the time of the member’s retirement.
‘‘(d) DEFINITIONS.—In this section:
213
‘‘(1) The term ‘retired pay’ includes retainer
pay, emergency officers’ retirement pay, and naval
pension.
‘‘(2) The term ‘veterans’ disability compensation’
has the meaning given the term ‘compensation’ in sec-
tion 101(12) of title 38.
‘‘(e) EFFECTIVE DATE.—If qualifying offsetting legis-
lation (as defined in subsection (f)) is enacted, the provi-
sions of subsection (a) shall take effect on—
‘‘(1) the first day of the first month beginning
after the date of the enactment of such qualifying off-
setting legislation; or
‘‘(2) the first day of the fiscal year that begins
in the calendar year in which such legislation is en-
acted, if that date is later than the date specified in
paragraph (1).
‘‘(f) EFFECTIVENESS CONTINGENT ON ENACTMENT OF
OFFSETTING LEGISLATION.—(1) The provisions of sub-
section (a) shall be effective only if—
‘‘(A) the President, in the budget for any fiscal
year, proposes the enactment of legislation that, if en-
acted, would be qualifying offsetting legislation; and
‘‘(B) after that budget is submitted to Congress,
there is enacted qualifying offsetting legislation.
‘‘(2) For purposes of this subsection:
214
‘‘(A) The term ‘qualifying offsetting legislation’
means legislation (other than an appropriations Act)
that includes provisions that—
‘‘(i) offset fully the increased outlays to be
made by reason of the provisions of subsection
(a) for each of the first 10 fiscal years beginning
after the date of the enactment of such legisla-
tion;
‘‘(ii) expressly state that they are enacted
for the purpose of the offset described in clause
(i); and
‘‘(iii) are included in full on the PayGo
scorecard.
‘‘(B) The term ‘PayGo scorecard’ means the esti-
mates that are made by the Director of the Congres-
sional Budget Office and the Director of the Office of
Management and Budget under section 252(d) of the
Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 902(d)) with respect to the ten fis-
cal years following the date of the enactment of the
legislation that is qualifying offsetting legislation for
purposes of this section.’’.
(b) CONFORMING TERMINATION
OF SPECIAL COM-
PENSATION PROGRAM.—Section 1413(a) of such title is
amended by adding at the end the following new sentence:
215
‘‘If the provisions of subsection (a) of section 1414 of this
title become effective in accordance with subsection (f) of
that section, payments under this section shall be termi-
nated effective as of the month beginning on the effective
date specified in subsection (e) of that section.’’.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘1414. Members eligible for retired pay who have service-connected disabilities:
payment of retired pay and veterans’ disability compensation;
contingent authority.’’.
(d) PROHIBITION OF RETROACTIVE BENEFITS.—If the
provisions of subsection (a) of section 1414 of title 10,
United States Code, becomes effective in accordance with
subsection (f) of that section, no benefit may be paid to any
person by reason of those provisions for any period before
the effective date specified in subsection (e) of that section.
Subtitle E—Other Matters
SEC. 651. FUNERAL HONORS DUTY ALLOWANCE FOR RE-
TIRED MEMBERS.
(a) ALLOWANCE AUTHORIZED.—Subsection (a) of sec-
tion 435 of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new para-
graph:
216
‘‘(2) The Secretary concerned may also authorize pay-
ment of an allowance under this section to a retired member
of the armed forces who performs at least two hours of duty
preparing for or performing honors at the funeral of a vet-
eran.’’.
(b) RELATION TO OTHER COMPENSATION.—Such sec-
tion is further amended by adding at the end the following
new subsection:
‘‘(c) CONCURRENT PAYMENT.—Notwithstanding any
other provision of law, the allowance paid to a retired mem-
ber of the armed forces under this section shall be in addi-
tion to any other compensation to which the retired member
may be entitled under this title or titles 10 or 38.’’.
TITLE VII—HEALTH CARE
PROVISIONS
Subtitle A—TRICARE Program
SEC. 
701. 
IMPLEMENTING 
COST-EFFECTIVE 
PAYMENT
RATES UNDER THE TRICARE PROGRAM.
Not later than January 1, 2002, the Secretary of De-
fense shall, with respect to categories of health care pro-
viders or services for which the Secretary has not already
done so and to the extent that the Secretary determines is
practicable—
(1) implement the payment rates used under
medicare, or similar rates based on medicare pay-
217
ment methods, to pay for health care services provided
by institutional and noninstitutional providers under
the TRICARE program; and
(2) as a condition of participation in the
TRICARE program, prohibit balance billing of cov-
ered beneficiaries by institutional providers and limit
balance billing by noninstitutional providers (subject
to any exceptions the Secretary determines appro-
priate) consistent with the limiting charge percentage
under medicare.
SEC. 702. WAIVER OF NONAVAILABILITY STATEMENT OR
PREAUTHORIZATION REQUIREMENT.
(a) IN GENERAL.—Section 721 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted in Public Law 106–398; 114 Stat. 1654A–184)
is amended—
(1) in the matter preceding paragraph (1) in
subsection (a), by striking ‘‘new’’;
(2) by striking subsection (c) and inserting the
following:
‘‘(c) EXCEPTIONS.—(1) Subject to paragraph (2), the
Secretary may provide that subsection (a) shall not apply
for a period of up to one year if—
‘‘(A) the Secretary—
218
‘‘(i) demonstrates significant costs would be
avoided by performing specific procedures at the
affected military medical treatment facility or
facilities;
‘‘(ii) determines that a specific procedure
must be provided at the affected military med-
ical treatment facility or facilities to ensure the
proficiency levels of the practitioners at the facil-
ity or facilities; or
‘‘(iii) determines that the lack of nonavail-
ability statement data would significantly inter-
fere with TRICARE contract administration;
‘‘(B) the Secretary provides notification of the
Secretary’s intent to make an exception under this
subsection to covered beneficiaries who receive care at
the military medical treatment facility or facilities
that will be affected by the decision to make an excep-
tion under this subsection;
‘‘(C) the Secretary provides notification to the
Committees on Armed Services of the House of Rep-
resentatives and the Senate of the Secretary’s intent
to make an exception under this subsection, the reason
for making an exception, and the date that a non-
availability statement will be required; and
219
‘‘(D) 60 days have elapsed since the date of the
notification described in subparagraph (C).
‘‘(2)(A) Except as provided in subparagraph (B), the
Secretary may make an exception under this subsection
with respect to—
‘‘(i) one or more services performed at a military
medical treatment facility or facilities; or
‘‘(ii) one or more services performed in a
TRICARE region.
‘‘(B) With respect to maternity care, the Secretary
may make an exception under this subsection with respect
to a military medical treatment facility.
‘‘(3) In the case of health care provided in conjunction
with a graduate medical education program, the period of
nonapplicability described in paragraph (1) shall be, in-
stead of one year, the period for which a residency review
committee has approved the program.’’; and
(3) in subsection (d), by striking ‘‘October 1,
2001’’ and inserting ‘‘two years after the date of the
enactment of the National Defense Authorization Act
for Fiscal Year 2002’’.
(b) REPORT.—Not later than March 1, 2002, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a
220
report on the Secretary’s plans for implementing such sec-
tion.
SEC. 703. IMPROVEMENTS IN ADMINISTRATION OF THE
TRICARE PROGRAM.
(a) EXPANSION
OF TRICARE PROGRAM.—Section
1072(7) of title 10, United States Code, is amended by strik-
ing ‘‘the competitive selection of contractors to financially
underwrite’’.
(b) REDUCTION OF CONTRACT START-UP TIME.—Sec-
tion 1095c(b) of such title is amended—
(1) in paragraph (1)—
(A) by striking ‘‘The’’ and inserting ‘‘Ex-
cept as provided in paragraph (3), the’’; and
(B) by striking ‘‘contract.’’ and all that fol-
lows through ‘‘as soon as practicable after the
award of the’’; and
(2) by adding at the end the following new para-
graph:
‘‘(3) The Secretary may reduce the nine-month start-
up period required under paragraph (1) if—
‘‘(A) the Secretary—
‘‘(i) determines that a shorter period is suf-
ficient to ensure effective implementation of all
contract requirements; and
221
‘‘(ii) submits notification to the Committees
on Armed Services of the House of Representa-
tives and the Senate of the Secretary’s intent to
reduce the nine-month start-up period; and
‘‘(B) 60 days have elapsed since the date of such
notification.’’.
SEC. 704. SUB-ACUTE AND LONG-TERM CARE PROGRAM RE-
FORM.
(a) IN GENERAL.—(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074i
the following new section:
‘‘§ 1074j. Sub-acute care program
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall
establish an effective, efficient, and integrated sub-acute
care benefits program under this chapter (hereinafter re-
ferred to in this section as the ‘program’). Except as other-
wise provided in this section, the types of health care au-
thorized under the program shall be the same as those pro-
vided under section 1079 of this title. The Secretary, after
consultation with the other administering Secretaries, shall
promulgate regulations to carry out this section.
‘‘(b) BENEFITS.—(1) The program shall include a uni-
form skilled nursing facility benefit that shall be provided
in the manner and under the conditions described in section
1861(h) and (i) of the Social Security Act (42 U.S.C.
222
1395x(h) and (i)), except that the limitation on the number
of days of coverage under section 1812(a) and (b) of such
Act (42 U.S.C. 1395d(a) and (b)) shall not be applicable
under the program. Skilled nursing facility care for each
spell of illness shall continue to be provided for as long as
medically necessary and appropriate.
‘‘(2) In this subsection:
‘‘(A) The term ‘skilled nursing facility’ has the
meaning given such term in section 1819(a) of the
Social Security Act (42 U.S.C. 1395i–3(a)).
‘‘(B) The term ‘spell of illness’ has the meaning
given such term in section 1861(a) of such Act (42
U.S.C. 1395x(a)).
‘‘(3) The program shall include a comprehensive, inter-
mittent home health care benefit that shall be provided in
the manner and under the conditions described in section
1861(m) of the Social Security Act (42 U.S.C. 1395x(m)).’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1074i the following new item:
‘‘1074j. Sub-acute care program.’’.
(b) EXTENDED BENEFITS
FOR CERTAIN DEPEND-
ENTS.—Section 1079 of such title is amended by striking
subsections (d), (e), and (f) and inserting the following new
subsections:
223
‘‘(d)(1) The Secretary of Defense shall establish a pro-
gram to provide extended benefits for eligible dependents,
which may include the provision of comprehensive health
care services, including case management services, to assist
in the reduction of the disabling effects of a qualifying con-
dition of an eligible dependent. Registration shall be re-
quired to receive the extended benefits.
‘‘(2) The Secretary of Defense, after consultation with
the other administering Secretaries, shall promulgate regu-
lations to carry out this subsection.
‘‘(3) In this subsection:
‘‘(A) The term ‘eligible dependent’ means a de-
pendent of a member of the uniformed services on ac-
tive duty for a period of more than 30 days, as de-
scribed in subparagraph (A), (D), or (I) of section
1072(2) of this title, who has a qualifying condition.
‘‘(B) The term ‘qualifying condition’ means the
condition of a dependent who is moderately or se-
verely mentally retarded, has a serious physical dis-
ability, or has an extraordinary physical or psycho-
logical condition.
‘‘(e) Extended benefits for eligible dependents under
subsection (d) may include comprehensive health care serv-
ices with respect to the qualifying condition of such a de-
pendent, and include, to the extent such benefits are not
224
provided under provisions of this chapter other than under
this section, the following:
‘‘(1) Diagnosis.
‘‘(2) Inpatient, outpatient, and comprehensive
home health care supplies and services.
‘‘(3) Training, rehabilitation, and special edu-
cation.
‘‘(4) Institutional care in private nonprofit, pub-
lic, and State institutions and facilities and, if ap-
propriate, transportation to and from such institu-
tions and facilities.
‘‘(5) Custodial care, notwithstanding the prohibi-
tion in section 1077(b)(1) of this title.
‘‘(6) Respite care for the primary caregiver of
the eligible dependent.
‘‘(7) Such other services and supplies as deter-
mined appropriate by the Secretary, notwithstanding
the limitations in subsection (a)(13).
‘‘(f) Members shall be required to share in the cost of
any benefits provided to their dependents under subsection
(d) as follows:
‘‘(1) Members in the lowest enlisted pay grade
shall be required to pay the first $25 incurred each
month, and members in the highest commissioned pay
grade shall be required to pay the first $250 incurred
225
each month. The amounts to be paid by members in
all other pay grades shall be determined under regula-
tions to be prescribed by the Secretary of Defense in
consultation with the administering Secretaries.
‘‘(2) A member who has more than one depend-
ent incurring expenses in a given month under a
plan covered by subsection (d) shall not be required
to pay an amount greater than would be required if
the member had only one such dependent.’’.
(c) DEFINITIONS OF CUSTODIAL CARE AND DOMI-
CILIARY CARE.—Section 1072 of title 10, United States
Code, is amended by adding at the end the following new
paragraphs:
‘‘(8) The term ‘custodial care’ means treatment
or services, regardless of who recommends such treat-
ment or services or where such treatment or services
are provided, that—
‘‘(A) can be rendered safely and reasonably
by a person who is not medically skilled; or
‘‘(B) is or are designed mainly to help the
patient with the activities of daily living.
‘‘(9) The term ‘domiciliary care’ means care pro-
vided to a patient in an institution or homelike envi-
ronment because—
226
‘‘(A) providing support for the activities of
daily living in the home is not available or is
unsuitable; or
‘‘(B) members of the patient’s family are
unwilling to provide the care.’’.
(d) CONFORMING AMENDMENT.—Section 1079 of title
10, United States Code, is amended in subsection (a) by
striking paragraph (17).
(e) CONTINUATION OF INDIVIDUAL CASE MANAGEMENT
SERVICES FOR CERTAIN ELIGIBLE BENEFICIARIES.—(1)
Notwithstanding the termination of the Individual Case
Management Program by subsection (d), the Secretary of
Defense shall, in any case in which the Secretary makes
the determination described in paragraph (2), continue to
provide payment as if such program were in effect for home
health care or custodial care services provided to an eligible
beneficiary that would otherwise be excluded from coverage
under regulations implementing chapter 55 of title 10,
United States Code.
(2) The determination referred to in paragraph (1) is
a determination that discontinuation of payment for serv-
ices not otherwise provided under such chapter would result
in the provision of services inadequate to meet the needs
of the eligible beneficiary and would be unjust to such bene-
ficiary.
227
(3) For purposes of this subsection, ‘‘eligible bene-
ficiary’’ means a covered beneficiary (as that term is de-
fined in section 1072 of title 10, United States Code) who,
before the effective date of this section, was provided custo-
dial care services under the Individual Case Management
Program for which the Secretary provided payment.
(f) REPORT ON INITIATIVES REGARDING LONG-TERM
CARE.—The Secretary of Defense shall, not later than April
1, 2002, submit to Congress a report on the feasibility and
desirability of establishing new initiatives, taking into ac-
count chapter 90 of title 5, United States Code, to improve
the availability of long-term care for members and retired
members of the uniformed services and their families.
(g) REFERENCE IN TITLE 10 TO LONG-TERM CARE
PROGRAM IN TITLE 5.—(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074j
(as added by subsection (a)) the following new section:
‘‘§ 1074k. Long-term care insurance
‘‘Provisions regarding long-term care insurance for
members and certain former members of the uniformed serv-
ices and their families are set forth in chapter 90 of title
5.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1074j (as added by subsection (a)) the following new item:
‘‘1074k. Long-term care insurance.’’.
228
(h) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on October 1,
2001.
SEC. 705. REIMBURSEMENT OF TRAVEL EXPENSES OF A
PARENT, GUARDIAN, OR RESPONSIBLE FAM-
ILY MEMBER OF A MINOR COVERED BENE-
FICIARY.
Section 1074i of title 10, United States Code, is
amended by adding at the end the following new sentence:
‘‘In any case in which reimbursement of travel expenses of
a covered beneficiary who is a minor and dependent is re-
quired under this section, the Secretary also shall provide
reimbursement for reasonable travel expenses of the parent
or guardian of, or the family member responsible for, such
covered beneficiary.’’.
Subtitle B—Other Matters
SEC. 711. PROHIBITION AGAINST REQUIRING MILITARY RE-
TIREES TO RECEIVE HEALTH CARE SOLELY
THROUGH THE DEPARTMENT OF DEFENSE.
No provision of law (whether enacted before or after
this Act) may be construed as authorizing the Secretary of
Defense to take any action that would require, or have the
effect of requiring, a member or former member of the
Armed Forces who is entitled to retired or retainer pay to
enroll to receive health care from the Federal Government
229
only through the Department of Defense. This section may
not be superseded by a subsequent Act unless that Act—
(1) specifically refers to this section; and
(2) specifically states that such provision of law
supersedes the provisions of this section.
SEC. 712. TRAUMA AND MEDICAL CARE PILOT PROGRAM.
(a) REQUIREMENT TO CONDUCT PILOT PROGRAM.—
The Secretary of Defense shall conduct a pilot program
under which the Brooke Army Medical Center and the
Wilford Hall Air Force Medical Center in San Antonio,
Texas, may charge civilians who are not covered bene-
ficiaries under chapter 55 of title 10, United States Code,
fees representing the actual costs of trauma and other med-
ical care provided to such civilians using private sector
itemized rates.
(b) USE OF FEES COLLECTED.—(1) The Brooke Army
Medical Center and the Wilford Hall Air Force Medical
Center may use the amounts collected under the pilot pro-
gram for—
(A) trauma consortium activities;
(B) administrative, operating, and equipment
costs; and
(C) readiness training.
230
(2) The operating budgets of those medical centers shall
not be reduced as a result of fees collected under the pilot
program.
(c) EFFICIENT PRACTICES.—Under the pilot program,
the commander of the Brooke Army Medical Center or
Wilford Hall Air Force Medical Center may authorize the
use of funds appropriated to the Department of Defense for
medical care for trauma and other medical care provided
at such center to civilians described in subsection (a).
(d) LENGTH OF PILOT PROGRAM.—The pilot program
under this section shall commence on October 1, 2001, and
be conducted for a period of three years.
(e) REPORTS.—The Secretary of Defense shall submit
to Congress not later than October 1st of each of 2002
through 2004 a report describing the progress and effective-
ness of the pilot program carried out under this section.
SEC. 713. ENHANCEMENT OF MEDICAL PRODUCT DEVELOP-
MENT.
Section 980 of title 10, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘Funds’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) The Secretary of Defense may waive the prohibi-
tion in this section with respect to a specific research project
231
to advance the development of a medical product necessary
to the armed forces if the research project is carried out
in accordance with all other applicable laws.’’.
SEC. 714. REPEAL OF OBSOLETE REPORT REQUIREMENT.
Section 701 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 1074g
note) is amended by striking subsection (d).
SEC. 715. CLARIFICATIONS AND IMPROVEMENTS REGARD-
ING THE DEPARTMENT OF DEFENSE MEDI-
CARE-ELIGIBLE 
RETIREE 
HEALTH 
CARE
FUND.
(a) CLARIFICATION
REGARDING
COVERAGE.—Sub-
section (b) of section 1111 of title 10, United States Code,
is amended to read as follows:
‘‘(b) In this chapter:
‘‘(1) The term ‘Department of Defense retiree
health care programs’ means the provisions of this
title or any other provision of law creating an entitle-
ment to or eligibility for health care under a Depart-
ment of Defense or uniformed services program for a
member or former member of a participating uni-
formed service who is entitled to retired or retainer
pay, and an eligible dependent under such program.
‘‘(2) The term ‘designated Department of Defense
health care program’ means a program described in
232
paragraph (1) of this subsection that is designated
under section 1113(c).
‘‘(3) The term ‘eligible dependent’ means a de-
pendent (as such term is defined in section 1072(2))
described in section 1076(a)(2) (other than a depend-
ent of a member on active duty), 1076(b), 1086(c)(2),
or 1086(c)(3)).
‘‘(4) The term ‘medicare-eligible’, with respect to
any person, means entitled to benefits under part A
of title XVIII of the Social Security Act (42 U.S.C.
1395c et seq.).
‘‘(5) The term ‘participating uniformed service’
means the Army, Navy, Air Force, and Marine Corps,
and any other uniformed service that is covered by an
agreement entered into under subsection (c).’’
(b) PARTICIPATION
OF OTHER UNIFORMED SERV-
ICES.—(1) Section 1111 of such title is further amended
by adding after subsection (b), the following new subsection:
‘‘(c) The Secretary of Defense may enter into an agree-
ment with any other administering Secretary for participa-
tion in the Fund by a uniformed service under the jurisdic-
tion of that Secretary. Any such agreement shall require
that Secretary to make contributions to the Fund on behalf
of the members of the uniformed service under the jurisdic-
tion of that Secretary comparable to the contributions to
233
the Fund made by the Secretary of Defense under section
1116.’’
(2) Section 1112 of such title is amended by adding
at the end the following new paragraph:
‘‘(4) Amounts paid into the Fund pursuant to
section 1111(c).’’.
(3) Section 1115 of such title is amended—
(A) in subsection (a), by inserting ‘‘partici-
pating’’ before ‘‘uniformed services’’; and
(B) in subparagraphs (A)(ii) and (B)(ii) of subsection
(b)(1), by inserting ‘‘under the jurisdiction of the Secretary
of Defense’’ after ‘‘uniformed services’’.
(4) Section 1116(a) of such title is amended in para-
graphs (1)(B) and (2)(B) by inserting ‘‘under the jurisdic-
tion of the Secretary of Defense’’ after ‘‘uniformed services’’.
(c) CLARIFICATION OF PAYMENTS FROM THE FUND.—
(1) The second sentence of subsection (a) of section 1111
of such title is amended by inserting ‘‘designated’’ before
‘‘Department of Defense retiree health care programs for
medicare-eligible beneficiaries’’.
(2) Subsection (a) of section 1113 of such title is
amended to read as follows:
‘‘(a) There shall be paid from the Fund amounts pay-
able for the costs of designated Department of Defense re-
tiree health care programs for the benefit of members or
234
former members of a participating uniformed service who
are entitled to retired or retainer pay and are medicare-
eligible, and eligible dependents described in section
1111(b)(3) who are medicare-eligible.’’
(3) Such section is further amended by adding at the
end the following new subsection:
‘‘(c) For purposes of payments from the Fund under
subsection (a), the Secretary of Defense shall designate the
program authorized by section 1086 of this title.’’.
(d) TECHNICAL AMENDMENTS.—(1) The heading for
section 1111 of such title is amended to read as follows:
‘‘§ 1111. Establishment and purpose of Fund; defini-
tions; authority to enter into agreements’’.
(2) The item relating to section 1111 in the table of
sections at the beginning of chapter 56 of such title is
amended to read as follows:
‘‘1111. Establishment and purpose of Fund; definitions; authority to enter into
agreements.’’.
(f) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2002.
235
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS
Subtitle A—Acquisition Policy and
Management
SEC. 801. ACQUISITION MILESTONES.
(a) TITLE 10, U.S.C.—Title 10, United States Code,
is amended—
(1) in section 2366(c), subsections (b)(3)(A),
(c)(3)(A), and (h)(1) of section 2432, and section
2434(a), by striking ‘‘engineering and manufacturing
development’’ each place such words appear and in-
serting ‘‘system development and demonstration’’;
(2) in section 2400—
(A) in subsection (a)(2), by striking ‘‘engi-
neering and manufacturing development’’ and
inserting ‘‘system development and demonstra-
tion’’; and
(B) in subsections (a)(1)(A), (a)(2), (a)(4)
and (a)(5), by striking ‘‘milestone II’’ each place
such term appears and inserting ‘‘milestone B’’;
and
(3) in section 2435—
236
(A) in subsection (b), by striking ‘‘engineer-
ing and manufacturing development’’ and insert-
ing ‘‘system development and demonstration’’;
(B) in subsection (c)(1), by striking ‘‘dem-
onstration and validation’’ and inserting ‘‘sys-
tem development and demonstration’’;
(C) in subsection (c)(2), by striking ‘‘engi-
neering and manufacturing development’’ and
inserting ‘‘production and deployment’’; and
(D) in subsection (c)(3), by striking ‘‘pro-
duction and deployment’’ and inserting ‘‘full
rate production’’.
(b) OTHER LAWS.—(1) Section 811(c) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted in Public Law 106–398; 114 Stat. 1654A–
211) is amended—
(A) by striking ‘‘Milestone I’’ and inserting
‘‘Milestone B’’;
(B) by striking ‘‘Milestone II’’ and inserting
‘‘Milestone C’’; and
(C) by striking ‘‘Milestone III’’ and inserting
‘‘full rate production’’.
(2) Section 8102(b) of the Department of Defense Ap-
propriations Act, 2001 (Public Law 106–259; 114 Stat.
696) is amended—
237
(A) by striking ‘‘Milestone I’’ and inserting
‘‘Milestone B’’;
(B) by striking ‘‘Milestone II’’ and inserting
‘‘Milestone C’’; and
(C) by striking ‘‘Milestone III’’ and inserting
‘‘full rate production’’.
SEC. 802. ACQUISITION WORKFORCE QUALIFICATIONS.
(a) QUALIFICATIONS.—Section 1724 of title 10, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking the matter preceding para-
graph (1) and inserting the following:
‘‘(a) CONTRACTING OFFICERS.—The Secretary of De-
fense shall require that, in order to qualify to serve in an
acquisition position as a contracting officer with authority
to award or administer contracts for amounts above the
simplified acquisition threshold referred to in section
2304(g) of this title, an employee of the Department of De-
fense or member of the armed forces (other than the Coast
Guard) must, except as provided in subsections (c) and
(d)—’’;
(B) in paragraph (1)—
(i) by striking ‘‘mandatory’’; and
(ii) by striking ‘‘at the grade level’’
and all that follows and inserting ‘‘(A) in
238
the case of an employee, serving in the posi-
tion within the grade of the General Sched-
ule in which the employee is serving, and
(B) in the case of a member of the armed
forces, in the member’s grade;’’; and
(C) in paragraph (3)(A), by inserting a
comma after ‘‘business’’;
(2) by striking subsection (b) and inserting the
following new subsection:
‘‘(b) GS–1102 SERIES POSITIONS AND SIMILAR MILI-
TARY POSITIONS.—(1) The Secretary of Defense shall re-
quire that in order to qualify to serve in a position in the
Department of Defense that is in the GS–1102 occupational
series an employee or potential employee of the Department
of Defense meet the requirements set forth in paragraph (3)
of subsection (a). The Secretary may not require that in
order to serve in such a position an employee or potential
employee meet any of the requirements of paragraphs (1)
and (2) of that subsection.
‘‘(2) The Secretary of Defense shall require that in
order for a member of the armed forces to be selected for
an occupational specialty within the armed forces that (as
determined by the Secretary) is similar to the GS–1102 oc-
cupational series a member of the armed forces meet the
requirements set forth in paragraph (3) of subsection (a).
239
The Secretary may not require that in order to be selected
for such an occupational specialty a member meet any of
the requirements of paragraphs (1) and (2) of that sub-
section.’’; and
(3) by striking subsections (c) and (d) inserting
the following new subsections:
‘‘(c) EXCEPTIONS.—The qualification requirements
imposed by the Secretary of Defense pursuant to subsections
(a) and (b) shall not apply to an employee of the Depart-
ment of Defense or member of the armed forces who—
‘‘(1) served as a contracting officer with author-
ity to award or administer contracts in excess of the
simplified acquisition threshold on or before Sep-
tember 30, 2000;
‘‘(2) served, on or before September 30, 2000, in
a position either as an employee in the GS–1102 se-
ries or as a member of the armed forces in similar
occupational specialty;
‘‘(3) is in the contingency contracting force; or
‘‘(4) is described in subsection (e)(1)(B).
‘‘(d) WAIVER.—The acquisition career program board
concerned may waive any or all of the requirements of sub-
sections (a) and (b) with respect to an employee of the De-
partment of Defense or member of the armed forces if the
board certifies that the individual possesses significant po-
240
tential for advancement to levels of greater responsibility
and authority, based on demonstrated job performance and
qualifying experience. With respect to each waiver granted
under this subsection, the board shall set forth in a written
document the rationale for its decision to waive such re-
quirements. Such document shall be submitted to and re-
tained by the Director of Acquisition Education, Training,
and Career Development.
‘‘(e) DEVELOPMENTAL OPPORTUNITIES.—(1) The Sec-
retary of Defense may—
‘‘(A) establish or continue one or more programs
for the purpose of recruiting, selecting, appointing,
educating, qualifying, and developing the careers of
individuals to meet the requirements in subpara-
graphs (A) and (B) of subsection (a)(3);
‘‘(B) appoint individuals to developmental posi-
tions in those programs; and
‘‘(C) separate from the civil service after a three-
year probationary period any individual appointed
under this subsection who, as determined by the Sec-
retary, fails to complete satisfactorily any program
described in subparagraph (A).
‘‘(2) To qualify for any developmental program de-
scribed in paragraph (1)(A), an individual shall have—
241
‘‘(A) been awarded a baccalaureate degree from
an accredited institution of higher education author-
ized to grant baccalaureate degrees; or
‘‘(B) completed at least 24 semester credit hours
or the equivalent of study from an accredited institu-
tion of higher education in any of the disciplines of
accounting, business, finance, law, contracts, pur-
chasing, economics, industrial management, mar-
keting, quantitative methods, or organization and
management.
‘‘(f) CONTINGENCY CONTRACTING FORCE.—The Sec-
retary shall establish qualification requirements for the con-
tingency contracting force consisting of members of the
armed forces whose mission is to deploy in support of con-
tingency operations and other operations of the Department
of Defense, including—
‘‘(1) completion of at least 24 semester credit
hours or the equivalent of study from an accredited
institution of higher education or similar educational
institution in any of the disciplines of accounting,
business, finance, law, contracts, purchasing, econom-
ics, industrial management, marketing, quantitative
methods, or organization and management; or
‘‘(2) passage of an examination that dem-
onstrates skills, knowledge, or abilities comparable to
242
that of an individual who has completed at least 24
semester credit hours or the equivalent of study in
any of the disciplines described in paragraph (1).’’.
(b) CLERICAL AMENDMENT.—Section 1732(c)(2) of
such title is amended by inserting a comma after ‘‘busi-
ness’’.
SEC. 803. TWO-YEAR EXTENSION OF PROGRAM APPLYING
SIMPLIFIED PROCEDURES TO CERTAIN COM-
MERCIAL ITEMS.
Section 4202(e) of the Clinger-Cohen Act of 1996 (divi-
sions D and E of Public Law 104–106; 110 Stat. 654; 10
U.S.C. 2304 note) is amended by striking ‘‘January 1,
2002’’ and inserting ‘‘January 1, 2004’’.
SEC. 804. CONTRACTS FOR SERVICES TO BE PERFORMED
OUTSIDE THE UNITED STATES.
(a) IN GENERAL.—Chapter 141 of title 10, United
States Code, is amended by inserting after section 2381 the
following new section:
‘‘§ 2382. Contracts for services to be performed outside
the United States
‘‘The Secretary of Defense may enter into contracts to
employ individuals or organizations to perform services in
countries other than the United States without regard to
laws regarding the negotiation, making, and performance
of contracts and performance of work in the United States.
243
Individuals employed by contract to perform such services
shall not by virtue of such employment be considered to be
employees of the United States Government for purposes of
any law administered by the Office of Personnel Manage-
ment, but the Secretary may determine the applicability
to such individuals of any other law administered by the
Secretary concerning the employment of such individuals
in countries other than the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2381 the following new item:
‘‘2382. Contracts for services to be performed outside the United States.’’.
SEC. 805. CODIFICATION AND MODIFICATION OF ‘‘BERRY
AMENDMENT’’ REQUIREMENTS.
(a) BERRY AMENDMENT REQUIREMENTS.—(1) Chap-
ter 148 of title 10, United States Code, is amended by in-
serting after section 2533 the following new section:
‘‘§ 2533a. Requirement to buy certain articles from
American sources; exceptions
‘‘(a) REQUIREMENT.—Except as provided in sub-
sections (c) through (g), funds appropriated or otherwise
available to the Department of Defense may not be used
for the procurement of an item described in subsection (b)
if the item is not grown, reprocessed, reused, or produced
in the United States.
244
‘‘(b) COVERED ITEMS.—An item referred to in sub-
section (a) is any of the following:
‘‘(1) An article or item of—
‘‘(A) food;
‘‘(B) clothing;
‘‘(C) tents, tarpaulins, parachutes, or cov-
ers;
‘‘(D) cotton and other natural fiber prod-
ucts, woven silk or woven silk blends, spun silk
yarn for cartridge cloth, synthetic fabric or coat-
ed synthetic fabric (including all textile fibers
and yarns that are for use in such fabrics), can-
vas products, or wool (whether in the form of
fiber or yarn or contained in fabrics, materials,
or manufactured articles); or
‘‘(E) any item of individual equipment
manufactured from or containing such fibers,
yarns, fabrics, or materials.
‘‘(2) Specialty metals, including stainless steel
flatware.
‘‘(3) Hand or measuring tools.
‘‘(c) EXCEPTION.—The Secretary of Defense or the Sec-
retary of the military department concerned may waive the
requirement in subsection (a) if—
245
‘‘(1) such Secretary determines that satisfactory
quality and sufficient quantity of any such article or
item described in subsection (b)(1) or specialty metals
(including stainless steel flatware) grown, reprocessed,
reused, or produced in the United States cannot be
procured as and when needed at United States mar-
ket prices;
‘‘(2) such Secretary has provided notice to the
public regarding the waiver;
‘‘(3) such Secretary has notified the Committees
on Appropriations, Armed Services, and Small Busi-
ness of the House of Representatives and the Senate
regarding the waiver and provided a justification to
such committees for the waiver; and
‘‘(4) 30 days have elapsed since the date of the
notification of such committees.
‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT-
SIDE THE UNITED STATES.—Subsection (a) does not apply
to the following:
‘‘(1) Procurements outside the United States in
support of combat operations.
‘‘(2) Procurements by vessels in foreign waters.
‘‘(3) Emergency procurements or procurements of
perishable foods by an establishment located outside
246
the United States for the personnel attached to such
establishment.
‘‘(e) EXCEPTION FOR SPECIALTY METALS AND CHEM-
ICAL WARFARE PROTECTIVE CLOTHING.—Subsection (a)
does not preclude the procurement of specialty metals or
chemical warfare protective clothing produced outside the
United States if—
‘‘(1) such procurement is necessary—
‘‘(A) to comply with agreements with for-
eign governments requiring the United States to
purchase supplies from foreign sources for the
purposes of offsetting sales made by the United
States Government or United States firms under
approved programs serving defense requirements;
or
‘‘(B) in furtherance of agreements with for-
eign governments in which both such govern-
ments agree to remove barriers to purchases of
supplies produced in the other country or serv-
ices performed by sources of the other country;
and
‘‘(2) any such agreement with a foreign govern-
ment complies, where applicable, with the require-
ments of section 36 of the Arms Export Control Act
(22 U.S.C. 2776) and with section 2457 of this title.
247
‘‘(f) EXCEPTION FOR CERTAIN FOODS.—Subsection (a)
does not preclude the procurement of foods manufactured
or processed in the United States.
‘‘(g) EXCEPTION FOR SMALL PURCHASES.—Subsection
(a) does not apply to purchases for amounts not greater
than the simplified acquisition threshold referred to in sec-
tion 2304(g) of this title.
‘‘(h) APPLICABILITY
TO
CONTRACTS
AND
SUB-
CONTRACTS FOR PROCUREMENT OF COMMERCIAL ITEMS.—
This section is applicable to contracts and subcontracts for
the procurement of commercial items notwithstanding sec-
tion 34 of the Office of Federal Procurement Policy Act (41
U.S.C. 430).
‘‘(i) GEOGRAPHIC COVERAGE.—In this section, the
term ‘United States’ includes the commonwealths, terri-
tories, and possessions of the United States.
‘‘(j) EXCEPTION
FOR COMMISSARIES, EXCHANGES,
AND OTHER NONAPPROPRIATED FUND INSTRUMENTAL-
ITIES.—Subsection (a) does not apply to items purchased
for resale purposes in commissaries, military exchanges, or
nonappropriated fund instrumentalities operated by the
military departments or the Department of Defense.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2533 the following new item:
‘‘2533a. Requirement to buy certain articles from American sources; exceptions.’’.
248
(b) REPEAL OF SOURCE PROVISIONS.—The following
provisions of law are repealed:
(1) Section 9005 of the Department of Defense
Appropriations Act, 1993 (Public Law 102–396; 10
U.S.C. 2241 note).
(2) Section 8109 of the Department of Defense
Appropriations Act, 1997 (as contained in section
101(b) of Public Law 104–208; 110 Stat. 3009–111;
10 U.S.C. 2241 note).
Subtitle B—Erroneous Payments
Recovery
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ‘‘Erroneous Payments
Recovery Act of 2001’’.
SEC. 812. IDENTIFICATION OF ERRORS MADE BY EXECU-
TIVE AGENCIES IN PAYMENTS TO CONTRAC-
TORS AND RECOVERY OF AMOUNTS ERRO-
NEOUSLY PAID.
(a) PROGRAM REQUIRED.—The head of each executive
agency that enters into contracts with a total value in excess
of $500,000,000 in a fiscal year shall carry out a cost-effec-
tive program for identifying any errors made in paying
the contractors and for recovering any amounts erroneously
paid to the contractors.
249
(b) RECOVERY AUDITS AND ACTIVITIES.—A program
of an executive agency under subsection (a) shall include
recovery audits and recovery activities. The head of the ex-
ecutive agency shall determine, in accordance with guidance
provided under subsection (c), the classes of contracts to
which recovery audits and recovery activities are appro-
priately applied.
(c) OMB GUIDANCE.—The Director of the Office of
Management and Budget shall issue guidance for the con-
duct of programs under subsection (a). The guidance shall
include the following:
(1) Definitions of the terms ‘‘recovery audit’’ and
‘‘recovery activity’’ for the purposes of the programs.
(2) The classes of contracts to which recovery au-
dits and recovery activities are appropriately applied
under the programs.
(3) Protections for the confidentiality of—
(A) sensitive financial information that has
not been released for use by the general public;
and
(B) information that could be used to iden-
tify a person.
(4) Policies and procedures for ensuring that the
implementation of the programs does not result in du-
plicative audits of contractor records.
250
(5) Policies regarding the types of contracts exec-
utive agencies may use for the procurement of recov-
ery services, including guidance for use, in appro-
priate circumstances, of a contingency contract pur-
suant to which the head of an executive agency may
pay a contractor an amount equal to a percentage of
the total amount collected for the United States pur-
suant to that contract.
(6) Protections for a contractor’s records and fa-
cilities through restrictions on the authority of a con-
tractor under a contract for the procurement of recov-
ery services for an executive agency—
(A) to require the production of any record
or information by any person other than an offi-
cer, 
employee, 
or 
agent 
of 
the 
executive
agency;
(B) to establish, or otherwise have, a phys-
ical presence on the property or premises of any
private sector entity for the purposes of per-
forming the contract; or
(C) to act as agents for the Government in
the recovery of funds erroneously paid to con-
tractors.
(7) Policies for the appropriate types of manage-
ment improvement programs authorized by section
251
815 that executive agencies may carry out to address
overpayment problems and the recovery of overpay-
ments.
SEC. 813. DISPOSITION OF RECOVERED FUNDS.
(a) AVAILABILITY OF FUNDS FOR RECOVERY AUDITS
AND ACTIVITIES PROGRAM.—Funds collected under a pro-
gram carried out by an executive agency under section 812
shall be available to the executive agency, in such amounts
as are provided in advance in appropriations Acts, for the
following purposes:
(1) To reimburse the actual expenses incurred by
the executive agency in the administration of the pro-
gram.
(2) To pay contractors for services under the
program in accordance with the guidance issued
under section 812(c)(5).
(b) FUNDS NOT USED FOR PROGRAM.—Any amounts
erroneously paid by an executive agency that are recovered
under such a program of an executive agency and are not
used to reimburse expenses or pay contractors under sub-
section (a)—
(1) shall be credited to the appropriations from
which the erroneous payments were made that remain
available for obligation as of the time such amounts
were collected, shall be merged with other amounts in
252
those appropriations, and shall be available for the
purposes and period for which such appropriations
are available; or
(2) if no such appropriation remains available
for obligation at that time, shall be disposed of as
provided in subsection (c).
(c) OTHER DISPOSITIONS.—Of the total amount col-
lected under such a program of an executive agency that
is to be disposed of under this subsection—
(1) up to 25 percent of such amount may be ex-
pended by the head of the executive agency for car-
rying out any management improvement program of
the executive agency under section 815; and
(2) the remainder of that total amount, includ-
ing any amount not expended under paragraph (1),
shall be deposited in the Treasury as miscellaneous
receipts.
(d) PRIORITY
OF
OTHER
AUTHORIZED
DISPOSI-
TIONS.—Notwithstanding subsections (b) and (c), the au-
thority under such subsections may not be exercised to use,
credit, or deposit funds collected under such a program as
provided in those subsections to the extent that any other
provision of law requires or authorizes the crediting of such
funds to a nonappropriated fund instrumentality, revolving
253
fund, working-capital fund, trust fund, or other fund or ac-
count.
SEC. 814. SOURCES OF RECOVERY SERVICES.
(a) CONSIDERATION OF AVAILABLE RECOVERY RE-
SOURCES.—(1) In carrying out a program under section
812, the head of an executive agency shall consider all re-
sources available to that official to carry out the program.
(2) The resources considered by the head of an execu-
tive agency for carrying out the program shall include the
resources available to the executive agency for such purpose
from the following sources:
(A) The executive agency.
(B) Other departments and agencies of the
United States.
(C) Private sector sources.
(b) COMPLIANCE WITH APPLICABLE LAW AND REGU-
LATIONS.—Before entering into a contract with a private
sector source for the performance of services under a pro-
gram of the executive agency carried out under section 812,
the head of an executive agency shall comply with—
(1) any otherwise applicable provisions of Office
of Management and Budget Circular A–76; and
(2) any other applicable provision of law or reg-
ulation with respect to the selection between employees
254
of the United States and private sector sources for the
performance of services.
SEC. 815. MANAGEMENT IMPROVEMENT PROGRAMS.
In accordance with guidance provided by the Director
of the Office of Management and Budget under section 812,
the head of an executive agency required to carry out a pro-
gram under section 812 may carry out a program for im-
proving management processes within the executive
agency—
(1) to address problems that contribute directly
to the occurrence of errors in the paying of contrac-
tors of the executive agency; or
(2) to improve the recovery of overpayments due
to the agency.
SEC. 816. REPORTS.
(a) REQUIREMENT FOR REPORTS.—Not later than 30
months after the date of the enactment of this Act, and an-
nually for each of the first two years following the year of
the first report, the Director of the Office of Management
and Budget shall submit to the Committee on Government
Reform of the House of Representatives and the Committee
on Governmental Affairs of the Senate, a report on the im-
plementation of this subtitle.
(b) CONTENT.—Each report shall include—
255
(1) a general description and evaluation of the
steps taken by the heads of executive agencies to carry
out the programs under this subtitle, including any
management improvement programs carried out
under section 815;
(2) the costs incurred by executive agencies to
carry out the programs under this subtitle; and
(3) the amounts recovered under the programs
under this subtitle.
SEC. 817. RELATIONSHIP TO AUTHORITY OF INSPECTORS
GENERAL.
Nothing in this subtitle shall be construed as impair-
ing the authority of an Inspector General under the Inspec-
tor General Act of 1978 or any other provision of law.
SEC. 818. PRIVACY PROTECTIONS.
(a) PROHIBITION.—Any nongovernmental entity that,
in the course of recovery auditing or recovery activity under
this subtitle, obtains information that identifies an indi-
vidual or with respect to which there is a reasonable basis
to believe that the information can be used to identify an
individual, may not disclose the information for any pur-
pose other than such recovery auditing or recovery activity
and governmental oversight of such activity, unless disclo-
sure for that other purpose is authorized by the individual
256
to the executive agency that contracted for the performance
of the recovery auditing or recovery activity.
(b) LIABILITY.—Any person that violates subsection
(a) shall be liable for any damages (including nonpecuniary
damages), costs, and attorneys fees incurred by the indi-
vidual as a result of the violation.
SEC. 819. DEFINITION.
In this subtitle, the term ‘‘executive agency’’ has the
meaning given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND
MANAGEMENT
SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISI-
TION AND SUPPORT WORKFORCE
(a) REDUCTION OF DEFENSE ACQUISITION AND SUP-
PORT WORKFORCE.—The Secretary of Defense shall accom-
plish reductions in defense acquisition and support per-
sonnel positions during fiscal year 2002 so that the total
number of such personnel as of October 1, 2002, is less than
the total number of such personnel as of October 1, 2001,
by at least 13,000.
(b) DEFENSE ACQUISITION WORKFORCE DEFINED.—
For purposes of this section, the term ‘‘defense acquisition
and support personnel’’ has the meaning given that term
257
in section 931(d) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–
261; 112 Stat. 2106).
SEC. 902. SENSE OF CONGRESS ON ESTABLISHMENT OF AN
OFFICE OF TRANSFORMATION IN THE DE-
PARTMENT OF DEFENSE.
(a) FINDINGS.—Congress finds the following:
(1) The Armed Forces should give careful consid-
eration to implementating transformation to meet
operational challenges and exploit opportunities re-
sulting from changes in the threat environment and
the emergence of new technologies.
(2) A 1999 Defense Science Board report on
transformation concluded that there was no overall
Department of Defense vision for transformation, no
road map, no metrics to measure progress, and little
sense of urgency.
(3) Historic case studies have shown that within
the military, as well as commercial enterprises, suc-
cessful transformation must be directed from the high-
est levels of an organization.
(b) SENSE OF CONGRESS ON ESTABLISHMENT OF OF-
FICE OF TRANSFORMATION.—It is the sense of Congress that
the Secretary of Defense should consider the establishment
258
of an Office of Transformation within the Office of the Sec-
retary of Defense to advise the Secretary on—
(1) development of force transformation strate-
gies to ensure that the military of the future is pre-
pared to dissuade potential military competitors and,
if that fails, to fight and win decisively across the
spectrum of future conflict;
(2) ensuring a continuous and broadly focused
transformation process;
(3) service and joint acquisition and experimen-
tation efforts, funding for experimentation efforts,
promising operational concepts and technologies, and
other transformation activities, as appropriate; and
(4) development of service and joint operational
concepts, transformation implementation strategies,
and risk management strategies.
(c) SENSE OF CONGRESS ON FUNDING.—It is the sense
of Congress that the Secretary of Defense should consider
providing funding adequate for sponsoring selective proto-
typing efforts, wargames, and studies and analyses and for
appropriate staffing, as recommended by the director of an
Office of Transformation as described in subsection (b).
259
SEC. 903. REVISED JOINT REPORT ON ESTABLISHMENT OF
NATIONAL 
COLLABORATIVE 
INFORMATION
ANALYSIS CAPABILITY.
(a) REVISED REPORT.—At the same time as the sub-
mission of the budget for fiscal year 2003 under section
1105 of title 31, United States Code, the Secretary of De-
fense and the Director of Central Intelligence shall submit
to the congressional defense committees and the congres-
sional intelligence committees a revised report assessing al-
ternatives for the establishment of a national collaborative
information analysis capability.
(b) MATTERS INCLUDED.—The revised report shall
cover the same matters required to be included in the DOD/
CIA report, except that the alternative architectures assessed
in the revised report shall be limited to architectures that
include the participation of all Federal agencies involved
in the collection of intelligence. The revised report shall also
include a draft of legislation sufficient to carry out the pre-
ferred architecture identified in the revised report.
(c) OFFICIALS TO BE CONSULTED.—The revised re-
port shall be prepared after consultation with all appro-
priate Federal officials, including the following:
(1) The Secretary of the Treasury.
(2) The Secretary of Commerce.
(3) The Secretary of State.
(4) The Attorney General.
260
(5) The Director of the Federal Bureau of Inves-
tigation.
(6) The Administrator of the Drug Enforcement
Administration.
(7) The Director of the Defense Threat Reduction
Agency.
(8) The Director of the Defense Information Sys-
tems Agency.
(d) DOD/CIA REPORT DEFINED.—In this section, the
term ‘‘DOD/CIA report’’ means the joint report required
by section 933 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 114 Stat. 1654A–237).
SEC. 904. ELIMINATION OF TRIENNIAL REPORT BY CHAIR-
MAN OF THE JOINT CHIEFS OF STAFF ON
ROLES 
AND 
MISSIONS 
OF 
THE 
ARMED
FORCES.
(a) REPEAL OF REQUIREMENT FOR SEPARATE RE-
PORT BY CHAIRMAN OF THE JOINT CHIEFS OF STAFF.—
Section 153 of title 10, United States Code, is amended by
striking subsection (b).
(b) ROLES AND MISSIONS CONSIDERED AS PART OF
DEFENSE QUADRENNIAL REVIEW.—Subsection 118(e) of
such title is amended—
261
(1) by inserting ‘‘(1)’’ before ‘‘Upon the comple-
tion’’;
(2) by designating the second and third sentences
as paragraph (3); and
(3) by inserting after paragraph (1), as des-
ignated by paragraph (1) of this subsection, the fol-
lowing new paragraph:
‘‘(2) As part of his assessment under paragraph (1),
the Chairman shall provide his assessment of the assign-
ment of functions (or roles and missions) to the armed
forces and such recommendations for changes thereto as the
Chairman considers necessary to achieve maximum effi-
ciency of the armed forces. In preparing such assessment,
the Chairman shall consider (among other matters) the fol-
lowing:
‘‘(A) Unnecessary duplication of effort among the
armed forces.
‘‘(B) Changes in technology that can be applied
effectively to warfare.’’.
262
SEC. 905. REPEAL OF REQUIREMENT FOR SEMIANNUAL RE-
PORTS THROUGH MARCH 2003 ON ACTIVITIES
OF JOINT REQUIREMENTS OVERSIGHT COUN-
CIL.
Section 916 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 114 Stat. 1654A–231) is repealed.
SEC. 906. CORRECTION OF REFERENCES TO AIR MOBILITY
COMMAND.
(a) REFERENCES
IN TITLE 10, UNITED STATES
CODE.—Sections 2554(d) and 2555(a) of title 10, United
States Code, are each amended by striking ‘‘Military Airlift
Command’’ and inserting ‘‘Air Mobility Command’’.
(b) REPEAL OF OBSOLETE PROVISION.—Section 8074
of such title is amended by striking subsection (c).
(c) REFERENCES
IN TITLE 37, UNITED STATES
CODE.—Sections 430(c) and 432(b) of title 37, United
States Code, are each amended by striking ‘‘Military Airlift
Command’’ and inserting ‘‘Air Mobility Command’’.
SEC. 907. ORGANIZATIONAL ALIGNMENT CHANGE FOR DI-
RECTOR FOR EXPEDITIONARY WARFARE.
Section 5038(a) of title 10, United States Code, is
amended by striking ‘‘Office of the Deputy Chief of Naval
Operations for Resources, Warfare Requirements, and As-
sessments’’ and inserting ‘‘office of the Deputy Chief of
263
Naval Operations with responsibility for warfare require-
ments and programs’’.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)
Upon determination by the Secretary of Defense that such
action is necessary in the national interest, the Secretary
may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year
2002 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this section may
not exceed $2,000,000,000.
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations—
(1) may only be used to provide authority for
items that have a higher priority than the items from
which authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
264
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred
by an amount equal to the amount transferred.
(d) NOTICE
TO
CONGRESS.—The Secretary shall
promptly notify Congress of each transfer made under sub-
section (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX.—The Classified
Annex prepared by the Committee on Armed Services of the
House of Representatives to accompany its report on the
bill H.R. 2586 of the One Hundred Seventh Congress and
transmitted to the President is hereby incorporated into this
Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS
OF
ACT.—The amounts specified in the Classified Annex are
not in addition to amounts authorized to be appropriated
by other provisions of this Act.
(c) LIMITATION ON USE OF FUNDS.—Funds appro-
priated pursuant to an authorization contained in this Act
that are made available for a program, project, or activity
referred to in the Classified Annex may only be expended
for such program, project, or activity in accordance with
such terms, conditions, limitations, restrictions, and re-
265
quirements as are set out for that program, project, or activ-
ity in the Classified Annex.
(d) DISTRIBUTION
OF
CLASSIFIED
ANNEX.—The
President shall provide for appropriate distribution of the
Classified Annex, or of appropriate portions of the annex,
within the executive branch of the Government.
SEC. 1003. LIMITATION ON FUNDS FOR BOSNIA AND
KOSOVO PEACEKEEPING OPERATIONS FOR
FISCAL YEAR 2002.
(a) LIMITATION.—Of the amounts authorized to be ap-
propriated by section 301(24) for the Overseas Contingency
Operations Transfer Fund—
(1) no more than $1,315,600,000 may be obli-
gated for incremental costs of the Armed Forces for
Bosnia peacekeeping operations; and
(2) no more than $1,528,600,000 may be obli-
gated for incremental costs of the Armed Forces for
Kosovo peacekeeping operations.
(b) PRESIDENTIAL
WAIVER.—The President may
waive the limitation in subsection (a)(1), or the limitation
in subsection (a)(2), after submitting to Congress the fol-
lowing:
(1) The President’s written certification that the
waiver is necessary in the national security interests
of the United States.
266
(2) The President’s written certification that ex-
ercising the waiver will not adversely affect the readi-
ness of United States military forces.
(3) A report setting forth the following:
(A) The reasons that the waiver is necessary
in the national security interests of the United
States.
(B) The specific reasons that additional
funding is required for the continued presence of
United States military forces participating in,
or supporting, Bosnia peacekeeping operations,
or Kosovo peacekeeping operations, as the case
may be, for fiscal year 2002.
(C) A discussion of the impact on the mili-
tary readiness of United States Armed Forces of
the continuing deployment of United States mili-
tary forces participating in, or supporting, Bos-
nia peacekeeping operations, or Kosovo peace-
keeping operations, as the case may be.
(4) A supplemental appropriations request for
the Department of Defense for such amounts as are
necessary for the additional fiscal year 2002 costs as-
sociated with United States military forces partici-
pating in, or supporting, Bosnia or Kosovo peace-
keeping operations.
267
(c) PEACEKEEPING OPERATIONS DEFINED.—For the
purposes of this section:
(1) The term ‘‘Bosnia peacekeeping operations’’
has the meaning given such term in section 1004(e)
of the Strom Thurmond National Defense Authoriza-
tion Act for Fiscal Year 1999 (Public Law 105–261;
112 Stat. 2112).
(2) 
The 
term 
‘‘Kosovo 
peacekeeping
operations’’—
(A) means the operation designated as Op-
eration Joint Guardian and any other operation
involving the participation of any of the Armed
Forces in peacekeeping or peace enforcement ac-
tivities in and around Kosovo; and
(B) includes, with respect to Operation
Joint Guardian or any such other operation,
each activity that is directly related to the sup-
port of the operation.
SEC. 1004. INCREASE IN LIMITATIONS ON ADMINISTRATIVE
AUTHORITY OF THE NAVY TO SETTLE ADMI-
RALTY CLAIMS.
(a) ADMIRALTY
CLAIMS
AGAINST
THE
UNITED
STATES.—Section 7622 of title 10, United States Code, is
amended—
268
(1) in subsections (a) and (b), by striking
‘‘$1,000,000’’ and inserting ‘‘$15,000,000’’; and
(2) in subsection (c), by striking ‘‘$100,000’’ and
inserting ‘‘$1,000,000’’.
(b) ADMIRALTY CLAIMS BY THE UNITED STATES.—
Section 7623 of such title is amended—
(1) 
in 
subsection 
(a)(2), 
by 
striking
‘‘$1,000,000’’ and inserting ‘‘$15,000,000’’; and
(2) in subsection (c), by striking ‘‘$100,000’’ and
inserting ‘‘$1,000,000’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to any claim accruing on
or after February 1, 2001.
Subtitle B—Naval Vessels
SEC. 1011. REVISION IN TYPES OF EXCESS NAVAL VESSELS
FOR WHICH APPROVAL BY LAW IS REQUIRED
FOR DISPOSAL TO FOREIGN NATIONS.
(a) REVISION IN VESSEL THRESHOLD.—Section 7307
of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘A naval ves-
sel’’ and inserting ‘‘Except as provided in subsection
(b), a combatant naval vessel’’;
(2) by redesignating subsection (b) as subsection
(c);
269
(3) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) TREATMENT OF VESSELS HELD BY FOREIGN NA-
TIONS BY LOAN OR LEASE.—Subsection (a) shall not apply
to the disposal to another nation of a vessel described in
that subsection that, at the time of the disposal, is held by
the nation to which the disposal is to be made pursuant
to a loan or lease arrangement made under section 61 of
the Arms Export Control Act (22 U.S.C. 2796) or any other
provision of law.’’; and
(4) by adding after subsection (c), as redesig-
nated by paragraph (2), the following new subsection:
‘‘(d) INAPPLICABILITY OF VESSEL DISPOSALS TO AG-
GREGATE ANNUAL VALUE LIMITATIONS.—The value of a
vessel transferred to another country under an applicable
provision of law as described in subsection (c) shall not be
counted for the purposes of any aggregate limit on the value
of articles transferred to other countries under that provi-
sion of law during any year (or other applicable period
of time).’’.
(b) TECHNICAL AMENDMENTS.—Subsection (a) of such
section is further amended—
(1) by striking ‘‘LARGER OR NEWER’’ in the sub-
section heading and inserting ‘‘CERTAIN COMBATANT;
and
270
(2) by striking ‘‘approved by law enacted after
August 5, 1974’’ and inserting ‘‘specifically approved
by law’’.
Subtitle C—Counter-Drug Activities
SEC. 1021. EXTENSION OF REPORTING REQUIREMENT RE-
GARDING DEPARTMENT OF DEFENSE EX-
PENDITURES 
TO 
SUPPORT 
FOREIGN
COUNTER-DRUG ACTIVITIES.
Section 1022 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Pub-
lic Law 106–398; 114 Stat. 1654A–255) is amended—
(1) by inserting ‘‘and April 15, 2002,’’ after
‘‘January 1, 2001,’’; and
(2) by striking ‘‘fiscal year 2000’’ and inserting
‘‘the preceding fiscal year’’.
SEC. 1022. AUTHORITY TO TRANSFER TRACKER AIRCRAFT
CURRENTLY USED BY ARMED FORCES FOR
COUNTER-DRUG PURPOSES.
(a) TRANSFER AUTHORITY.—The Secretary of Defense
may transfer to the administrative jurisdiction and oper-
ational control of another Federal agency all Tracker air-
craft in the inventory of the Department of Defense.
(b) EFFECT OF FAILURE TO TRANSFER.—If the trans-
fer authority provided by subsection (a) is not exercised by
the Secretary of Defense by September 30, 2002, any Track-
271
er aircraft remaining in the inventory of the Department
of Defense may not be used by the Armed Forces for counter-
drug purposes after that date.
SEC. 1023. AUTHORITY TO TRANSFER TETHERED AEROSTAT
RADAR SYSTEM CURRENTLY USED BY ARMED
FORCES FOR COUNTER-DRUG PURPOSES.
(a) TRANSFER AUTHORITY.—The Secretary of Defense
may transfer to the administrative jurisdiction and oper-
ational control of another Federal agency the Tethered Aero-
stat Radar System currently used by the Armed Forces in
maritime, air, and land counter-drug detection and moni-
toring.
(b) EFFECT OF FAILURE TO TRANSFER.—If the trans-
fer authority provided by subsection (a) is not exercised by
the Secretary of Defense by September 30, 2002, the Teth-
ered Aerostat Radar System may not be used by the Armed
Forces for counter-drug purposes after that date.
Subtitle D—Reports
SEC. 1031. REQUIREMENT THAT DEPARTMENT OF DEFENSE
REPORTS TO CONGRESS BE ACCOMPANIED
BY ELECTRONIC VERSION.
(a) IN GENERAL.—Chapter 23 of title 10, United
States Code, is amended by inserting after the table of sec-
tions the following new section:
272
‘‘§ 480. Department of Defense reports: submission in
electronic form
‘‘(a) REQUIREMENT.—Whenever the Secretary of De-
fense or any other official of the Department of Defense is
required by law to submit a report to Congress (or any com-
mittee of either House of Congress), the Secretary or other
official shall provide to Congress (or each such committee)
a copy of the report in an electronic medium.
‘‘(b) EXCEPTION.—Subsection (a) does not apply to a
report submitted in classified form.
‘‘(c) DEFINITION.—In this section, the term ‘report’ in-
cludes any certification, notification, or other communica-
tion in writing.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting before
the item relating to section 481 the following new item:
‘‘480. Department of Defense reports: submission in electronic form.’’.
SEC. 1032. REPORT ON DEPARTMENT OF DEFENSE ROLE IN
HOMELAND SECURITY MATTERS.
The Secretary of Defense shall conduct a study on the
appropriate role for the Department of Defense in homeland
security matters. The Secretary shall submit to the Congress
a report on the results of that study at the same time that
the budget of the President for fiscal year 2003 is submitted
to Congress.
273
SEC. 1033. REVISION OF ANNUAL REPORT TO CONGRESS ON
NATIONAL GUARD AND RESERVE COMPO-
NENT EQUIPMENT.
The text of section 10541 of title 10, United States
Code, is amended to read as follows:
‘‘(a) REQUIREMENT.—The Secretary of Defense shall
submit to Congress each year, not later than March 1, a
written report concerning the equipment of the National
Guard and the reserve components of the armed forces. Each
such report shall cover the current fiscal year and the three
succeeding years.
‘‘(b) MATTERS TO BE INCLUDED IN REPORT.—Each
report under this section shall include the following (shown
in the aggregate and separately for each reserve component):
‘‘(1) A list of major items of equipment required
and on-hand in the inventories of the reserve compo-
nents.
‘‘(2) A list of major items of equipment that are
expected to be procured from commercial sources or
transferred from the active component to the reserve
components.
‘‘(3) A statement of major items of equipment in
the inventories of the reserve components that are sub-
stitutes for a required major item of equipment.
‘‘(4) A narrative explanation of the plan of the
Secretary concerned to equip each reserve component,
274
including an explanation of the plan to equip units
of the reserve components that are short major items
of equipment at the outset of war or a contingency
operation.
‘‘(5) A narrative discussing the current status of
the compatibility and interoperability of equipment
between the reserve components and the active forces
and the effect of that level of compatibility or inter-
operability on combat effectiveness, together with a
plan to achieve full equipment compatibility and
interoperability.
‘‘(6) A narrative discussing modernization short-
falls and maintenance backlogs within the reserve
components and the effect of those shortfalls on com-
bat effectiveness.
‘‘(7) A narrative discussing the overall age and
condition of equipment currently in the inventory of
the reserve components.
‘‘(c) MAJOR ITEMS OF EQUIPMENT.—In this section,
the term ‘major items of equipment’ includes ships, aircraft,
combat vehicles, and key combat support equipment.
‘‘(d) FORMAT AND LEVEL OF DETAIL.—Each report
under this section shall be expressed in the same format and
with the same level of detail as the information presented
275
in the Future-Years Defense Program Procurement Annex
prepared by the Department of Defense.’’.
Subtitle E—Other Matters
SEC. 1041. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.
(a) ADDITIONAL ITEMS AUTHORIZED TO BE DONATED
BY SECRETARY OF THE NAVY.—Section 7545 of title 10,
United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Subject to’’ and all that
follows through ‘‘by him,’’ and inserting ‘‘AU-
THORITY TO MAKE LOANS
AND GIFTS.—The
Secretary of the Navy’’;
(B) by striking ‘‘captured, condemned,’’ and
all that follows through ‘‘to—’’ and inserting
‘‘items described in subsection (b) that are not
needed by the Department of the Navy to any of
the following:’’
(C) by capitalizing the first letter after the
paragraph designation in each of paragraphs (1)
through (12);
(D) by striking the semicolon at the end of
paragraphs (1) through (10) and inserting a pe-
riod;
(E) by striking ‘‘; or’’ at the end of para-
graph (11) and inserting a period;
276
(F) in paragraph (5), by striking ‘‘World
War I or World War II’’ and inserting ‘‘a for-
eign war’’;
(G) in paragraph (6), by striking ‘‘soldiers’
monument’’ and inserting ‘‘servicemen’s monu-
ment’’; and
(H) in paragraph (8), by inserting ‘‘or me-
morial’’ after ‘‘a museum’’;
(2) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively;
(3) by inserting after subsection (a) the following
new subsections:
‘‘(b) ITEMS ELIGIBLE FOR DISPOSAL.—This section
applies to the following types of property held by the De-
partment of the Navy:
‘‘(1) Captured, condemned, or obsolete ordnance
material.
‘‘(2) Captured, condemned, or obsolete combat or
shipboard material.
‘‘(c) REGULATIONS.—A loan or gift made under this
section shall be subject to regulations prescribed by the Sec-
retary of the Navy and to regulations under section 205
of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 486).’’;
277
(4) in subsection (d) (as redesignated by para-
graph (2)), by inserting ‘‘MAINTENANCE
OF
THE
RECORDS OF THE GOVERNMENT.—’’ after the sub-
section designation;
(5) in subsection (e) (as redesignated by para-
graph (2)), by inserting ‘‘ALTERNATIVE AUTHORITIES
TO MAKE GIFTS OR LOANS.—’’ after the subsection
designation; and
(6) by adding at the end the following new sub-
section:
‘‘(f) AUTHORITY TO TRANSFER A PORTION OF A VES-
SEL.—The Secretary may lend, give, or otherwise transfer
any portion of the hull or superstructure of a vessel stricken
from the Naval Vessel Register and designated for scrapping
to a qualified organization specified in subsection (a). The
terms and conditions of an agreement for the transfer of
a portion of a vessel under this section shall include a re-
quirement that the transferee will maintain the material
conveyed in a condition that will not diminish the histor-
ical value of the material or bring discredit upon the
Navy.’’.
(b) CONFORMING AMENDMENTS.—Section 2572(a) of
such title is amended—
278
(1) in paragraph (2), by striking ‘‘soldiers’
monument’’ and inserting ‘‘servicemen’s monument’’;
and
(2) in paragraph (4), by inserting ‘‘or memo-
rial’’ after ‘‘An incorporated museum’’.
SEC. 1042. TERMINATION OF REFERENDUM REQUIREMENT
REGARDING CONTINUATION OF MILITARY
TRAINING ON ISLAND OF VIEQUES, PUERTO
RICO, AND IMPOSITION OF ADDITIONAL CON-
DITIONS ON CLOSURE OF LIVE-FIRE TRAIN-
ING RANGE.
(a) IN GENERAL.—Title XV of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted by Public Law 106–398; 114 Stat. 1654A–348)
is amended by striking sections 1503, 1504, and 1505 and
inserting the following new sections:
‘‘SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL
TRAINING RANGE.
‘‘(a) REQUIRED CERTIFICATION.—The Secretary of the
Navy may close the Vieques Naval Training Range on the
island of Vieques, Puerto Rico, and discontinue live-fire
training at that range only if—
‘‘(1) the Chief of Naval Operations and the Com-
mandant of the Marine Corps jointly certify that
there is an alternative training facility that provides
279
an equivalent or superior level of training for units
of the Navy and the Marine Corps stationed or de-
ployed in the eastern United States; and
‘‘(2) the new facility is available and fully capa-
ble of supporting such training immediately upon ces-
sation of live-fire training on Vieques.
‘‘(b) EQUIVALENT OR SUPERIOR LEVEL OF TRAINING
DEFINED.—In this section, the term ‘equal or superior level
of training’ refers to an ability by the Armed Forces to con-
duct at a single location coordinated live-fire training, in-
cluding simultaneous large-scale tactical air strikes, naval
surface fire support and artillery, and amphibious landing
operations, as was conducted at Vieques Naval Training
Range before April 19, 1999.
‘‘SEC. 1504. NAVY RETENTION OF CLOSED VIEQUES NAVAL
TRAINING RANGE.
‘‘(a) RETENTION.—If the conditions specified in sec-
tion 1503(a) are satisfied and the Secretary of the Navy
terminates all Navy and Marine Corps training operations
on the island of Vieques, the Secretary of the Navy shall
retain administrative jurisdiction over the Live Impact
Area and all other Department of Defense real properties
on the eastern side of the island for possible reactivation
for training use, including live-fire training, in the event
a national emergency.
280
‘‘(b) ADMINISTRATION.—The Secretary of the Navy
may enter into a cooperative agreement with the Secretary
of the Interior to provide for management of the property
described in subsection (a), pending reactivation for train-
ing use, by appropriate agencies of the Department of the
Interior as follows:
‘‘(1) Management of the Live Impact Area as a
wilderness area under the Wilderness Act (16 U.S.C.
1131 et seq.), including a prohibition on public access
to the area.
‘‘(2) Management of the remaining property as
wildlife refuges under the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd
et seq.).
‘‘(c) LIVE IMPACT AREA DEFINED.—In this section,
the term ‘Live Impact Area’ means the parcel of real prop-
erty, consisting of approximately 900 acres (more or less),
on the island of Vieques that is designated by the Secretary
of the Navy for targeting by live ordnance in the training
of forces of the Navy and Marine Corps.’’.
(b) CONFORMING AMENDMENT.—Section 1507(c) of
such Act is amended by striking ‘‘the issuance of a procla-
mation described in section 1504(a) or’’.
281
SEC. 1043. REPEAL OF LIMITATION ON REDUCTIONS IN
PEACEKEEPER ICBM MISSILES.
Subsection (a)(1) of section 1302 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law
105–85) is amended by striking subparagraph (D).
SEC. 1044. SENSE OF THE CONGRESS ON THE IMPORTANCE
OF THE KWAJALEIN MISSILE RANGE/RONALD
REAGAN DEFENSE INITIATIVE TEST SITE AT
KWAJALEIN ATOLL.
(a) IMPORTANCE OF MISSILE RANGE.—Congress rec-
ognizes the importance of the Kwajalein Missile Range to
the Department of Defense, particularly in that—
(1) Kwajalein acts as a buffer between Hawaii
and Asia and provides an important role in moni-
toring potential adversaries in the Pacific Theatre;
and
(2) the range is the only location at which tests
for United States exoatmospheric ballistic missile de-
fense intercepts occurs.
(b) FINDINGS.—Congress finds that the Department of
Defense conducted a study regarding the importance of
Kwajalein Missile Range and made the following findings:
(1) The United States has an overriding defense
interest in continuing the use of the Kwajalein Mis-
sile Range and facilities on Kwajalein Atoll.
282
(2) The requirements of United States missile de-
fense and space surveillance programs, combined with
the uniqueness of Kwajalein’s location, and infra-
structure investment, make renewal of the Compact in
the best interest of the Department of Defense.
(c) SENSE OF CONGRESS.—It is the sense of Congress
that the United States—
(1) should work to continue the long-term rela-
tionship of the Department of Defense with the Kwaj-
alein Missile Range/Ronald Reagan Defense Initiative
Test Site at Kwajalein Atoll; and
(2) should continue to recognize the vital impor-
tance of that test site to the national security of the
United States and peacekeeping efforts in Asia.
SEC. 1045. TRANSFER OF VIETNAM ERA F–4 AIRCRAFT TO
NONPROFIT MUSEUM.
(a) AUTHORITY TO CONVEY.—The Secretary of the Air
Force may convey, without consideration, to the nonprofit
National Aviation Museum and Foundation of Oklahoma
(in this section referred to as the ‘‘museum’’), all right, title,
and interest of the United States in and to one surplus F–
4 aircraft that is flyable or that can be readily restored
to flyable condition. The conveyance shall be made by means
of a conditional deed of gift.
283
(b) CONDITION OF AIRCRAFT.—(1) The Secretary may
not convey ownership of an aircraft under subsection (a)
until the Secretary determines that the museum has altered
the aircraft in such manner as the Secretary determines
necessary to ensure that the aircraft does not have any ca-
pability for use as a platform for launching or releasing
munitions or any other combat capability that it was de-
signed to have.
(2) The Secretary is not required to repair or alter
the condition of the aircraft before conveying ownership of
the aircraft.
(c) REVERTER UPON BREACH OF CONDITIONS.—The
Secretary shall include in the instrument of conveyance of
the aircraft—
(1) a condition that the museum not convey any
ownership interest in, or transfer possession of, the
aircraft to any other party without the prior ap-
proval of the Secretary;
(2) a condition that the museum operate and
maintain the aircraft in compliance with all applica-
ble limitations and maintenance requirements im-
posed by the Administrator of the Federal Aviation
Administration; and
(3) a condition that if the Secretary determines
at any time that the museum has conveyed an owner-
284
ship interest in, or transferred possession of, the air-
craft to any other party without the prior approval
of the Secretary, or has failed to comply with the con-
dition set forth in paragraph (2), all right, title, and
interest in and to the aircraft, including any repair
or alteration of the aircraft, shall revert to the United
States, and the United States shall have the right of
immediate possession of the aircraft.
(d) CONVEYANCE
AT NO COST
TO
THE UNITED
STATES.—The conveyance of the aircraft under subsection
(a) shall be made at no cost to the United States. Any costs
associated with the conveyance, costs of determining compli-
ance with subsection (b), and costs of operation and mainte-
nance of the aircraft conveyed shall be borne by the mu-
seum.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with a conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 1046. BOMBER FORCE STRUCTURE.
(a) LIMITATION.—None of the funds available to the
Department of Defense for fiscal year 2002 may be obligated
or expended for retiring or dismantling any of the 93 B–
1B Lancer bombers in service as of June 1, 2001, or for
285
transferring or reassigning any of those aircraft from the
unit or the facility to which assigned as of that date, until
each of the following has occurred:
(1) The President transmits to Congress a na-
tional security strategy report under section 108 of
the National Security Act of 1947 (50 U.S.C. 4040)
as required by subsection (a)(3) of that section.
(2) The Secretary of Defense submits to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representa-
tives the Quadrennial Defense Review (QDR) under
section 118 of title 10, United States Code, that under
that section is required to be submitted not later than
September 30, 2001.
(3) The Secretary of Defense submits to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representa-
tives a report that provides—
(A) the changes in national security consid-
erations from those applicable to the air force
bomber studies conducted during 1992 and 1995
that warrant changes in the current configura-
tion of the bomber fleet; and
(B) the plans of the Department of Defense
for assigning new missions to the National
286
Guard units that currently fly B–1 aircraft and
for the transition of those units and their facili-
ties from the current B–1 mission to their future
missions.
(4) The Secretary of Defense submits to Congress
the annual report of the Secretary for 2001 required
by section 113(c) of title 10, United States Code.
(5) The Secretary of Defense submits to Congress
a report on the results of the Revised Nuclear Posture
Review conducted under section 1042 of the Floyd D.
Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106–
398; 114 Stat. 1654A–262), as required by subsection
(c) of that section.
(6) The Secretary of Defense conducts, and sub-
mits to the Committee on Armed Services of the Sen-
ate and Committee on Armed Services of the House
of Representatives a report on the results of, a com-
prehensive study to determine—
(A) the role of manned bomber aircraft ap-
propriate to meet the requirements derived from
the National Security Strategy report referred to
in paragraph (1);
(B) the amount and type of bomber force
structure in the United States Air Force appro-
287
priate to meet the requirements derived from the
National Security Strategy report referred to in
paragraph (1); and
(C) the most cost effective allocation of
bomber force structure, factoring in use of the re-
serve components of the Air Force consistent with
the requirements of the National Security Strat-
egy report referred to in paragraph (1).
(b) GAO STUDY AND REPORT.—The Comptroller Gen-
eral of the United States shall conduct a study on the same
matters as specified in subparagraphs (A), (B), and (C) of
subsection (a)(6). The Comptroller General shall submit to
Congress a report containing the results of that study not
later than 180 days after the date of the submission of the
report referred to in subsection (a)(6)
(c) DEFINITIONS.—For purposes of this section:
(1) AMOUNT
AND
TYPE
OF
BOMBER
FORCE
STRUCTURE.—The term ‘‘amount and type of bomber
force structure’’ means the required numbers of B–2
aircraft, B–52 aircraft, and B–1 aircraft consistent
with the requirements of the National Security Strat-
egy referred to in subsection (a)(1).
(2) COST EFFECTIVE ALLOCATION OF BOMBER
FORCE STRUCTURE.—The term ‘‘cost effective alloca-
tion of bomber force structure’’ means the lowest cost
288
for stationing, maintaining, and operating the bomb-
er fleet fully consistent with the requirements of the
National Security Strategy referred to in subsection
(a)(1).
SEC. 1047. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10,
United States Code, is amended as follows:
(1) The tables of chapters at the beginning of
subtitle A, and at the beginning of part II of subtitle
A, are each amended by striking the period after
‘‘1111’’ in the item relating to chapter 56.
(2) Section 119(g)(2) is amended by striking
‘‘National Security Subcommittee’’ and inserting
‘‘Subcommittee on Defense’’.
(3) Section 130c(b)(3)(C) is amended by striking
‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’.
(4) Section 176(a)(3) is amended by striking
‘‘Chief Medical Director’’ and inserting ‘‘Under Sec-
retary for Health’’.
(5)(A) Section 503(c) is amended in paragraph
(6)(A)(i) by striking ‘‘14101(18)’’ and ‘‘8801(18)’’
and inserting ‘‘14101’’ and ‘‘8801’’, respectively.
(B) The amendment made by subparagraph (A)
shall take effect on July 1, 2002, immediately after
the amendment to such section effective that date by
289
section 563(a) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as en-
acted by Public Law 106–398; 114 Stat. 131).
(6) Section 663(e) is amended—
(A) by striking ‘‘Armed Forces Staff Col-
lege’’ in paragraph (1) and inserting ‘‘Joint
Forces Staff College’’; and
(B) by striking ‘‘ARMED FORCES STAFF
COLLEGE’’ and inserting ‘‘JOINT FORCES STAFF
COLLEGE’’.
(7) Section 667(17) is amended by striking
‘‘Armed Forces Staff College’’ both places it appears
and inserting ‘‘Joint Forces Staff College’’.
(8) Section 874(a) is amended by inserting after
‘‘a sentence of confinement for life without eligibility
for parole’’ the following: ‘‘that is adjudged for an of-
fense committed after October 29, 2000’’.
(9) Section 1056(c)(2) is amended by striking ‘‘,
not later than September 30, 1991,’’.
(10) The table of sections at the beginning of
chapter 55 is amended by transferring the item relat-
ing to section 1074i, as inserted by section 758(b) of
the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted by Public Law
290
106–398; 114 Stat. 1654A–200), so as to appear after
the item relating to section 1074h.
(11) Section 1097a(e) is amended by striking
‘‘section 1072’’ and inserting ‘‘section 1072(2)’’.
(12) Sections 1111(a) and 1114(a)(1) are each
amended by striking ‘‘hereafter’’ and inserting ‘‘here-
inafter’’.
(13) Section 1116 is amended—
(A) in subsection (a)(2)(B), by inserting an
open parenthesis before ‘‘other than for train-
ing’’; and
(B) in subsection (b)(2)(D), by striking
‘‘section 
111(c)(4)’’ 
and 
inserting 
‘‘section
1115(c)(4)’’.
(14) The heading for subchapter II of chapter 75
is transferred within that chapter so as to appear be-
fore the table of sections at the beginning of that sub-
chapter (as if the amendment made by section
721(c)(1) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
694) had inserted that heading following section 1471
instead of before section 1475).
(15) Section 1611(d) is amended by striking
‘‘with’’.
291
(16) Section 2166(e)(9) is amended by striking
‘‘App. 2’’ and inserting ‘‘App.’’.
(17) Section 2323(a)(1)(C) is amended—
(A) by striking ‘‘section 1046(3)’’ and in-
serting ‘‘section 365(3)’’;
(B) by striking ‘‘20 U.S.C. 1135d–5(3)’’
and inserting ‘‘20 U.S.C. 1067k’’; and
(C) by striking ‘‘, which, for the purposes of
this section’’ and all that follows through the pe-
riod at the end and inserting a period.
(18) Section 2375(b) is amended by inserting
‘‘(41 U.S.C. 430)’’ after ‘‘section 34 of the Office of
Federal Procurement Policy Act’’.
(19) Section 2376(1) is amended by inserting
‘‘(41 U.S.C. 403)’’ after ‘‘section 4 of the Office of
Federal Procurement Policy Act’’.
(20) Section 2410f(a) is amended by inserting
after ‘‘inscription’’ the following: ‘‘, or another in-
scription with the same meaning,’’.
(21) Section 2461a(a)(2) is amended by striking
‘‘effeciency’’ and inserting ‘‘efficiency’’.
(22) Section 2467 is amended—
(A) in subsection (a)(2)—
(i) by striking ‘‘, United States Code’’
in subparagraph (A); and
292
(ii) by striking ‘‘such’’ in subpara-
graphs (B) and (C); and
(B) in subsection (b)(2)(A), by striking
‘‘United States Code,’’.
(23) Section 2535 is amended—
(A) in subsection (a)—
(i) by striking ‘‘intent of Congress’’
and inserting ‘‘intent of Congress—’’;
(ii) by realigning clauses (1), (2), (3),
and (4) so that each such clause appears as
a separate paragraph indented two ems
from the left margin; and
(iii) in paragraph (1), as so realigned,
by striking ‘‘Armed Forces’’ and inserting
‘‘armed forces’’;
(B) in subsection (b)(1)—
(i) by striking ‘‘in this section, the Sec-
retary is authorized and directed to—’’ and
inserting ‘‘in subsection (a), the Secretary
of Defense shall—’’; and
(ii) by striking ‘‘defense industrial re-
serve’’ in subparagraph (A) and inserting
‘‘Defense Industrial Reserve’’; and
(C) in subsection (c)—
(i) by striking paragraph (1);
293
(ii) by redesignating paragraph (2) as
paragraph (1) and in that paragraph—
(I) by striking ‘‘means’’ and in-
serting ‘‘means—’’;
(II) by realigning clauses (A),
(B), and (C) so that each such clause
appears as a separate subparagraph
indented four ems from the left margin;
and
(III) by inserting ‘‘and’’ at the
end of subparagraph (B), as so re-
aligned; and
(iii) by redesignating paragraph (3) as
paragraph (2).
(24) Section 2541c is amended by striking ‘‘sub-
title’’ both places it appears in the matter preceding
paragraph (1) and inserting ‘‘subchapter’’.
(25) The second section 2555, added by section
1203(a) of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted by
Public Law 106–398; 114 Stat. 1654A–324), is redes-
ignated as section 2565, and the item relating to that
section in the table of sections at the beginning of
chapter 152 is revised to conform to such redesigna-
tion.
294
(26) The second section 2582, added by section
1(a) of Public Law 106–446 (114 Stat. 1932), is re-
designated as section 2583, and the item relating to
that section in the table of sections at the beginning
of chapter 153 is revised to conform to such redesig-
nation.
(27)(A) Section 2693(a) is amended—
(i) in the matter preceding paragraph (1),
by inserting ‘‘of Defense’’ after ‘‘Secretary’’; and
(ii) in paragraph (3)—
(I) by inserting ‘‘to the Secretary of
Defense’’ after ‘‘certifies’’;
(II) by inserting ‘‘(42 U.S.C. 3762a)’’
after ‘‘of 1968’’; and
(III) by striking ‘‘to the public agen-
cies referred to in section 515(a)(1) or
515(a)(3) of title I of such Act’’ and insert-
ing ‘‘to a public agency referred to in para-
graph (1) or (3) of subsection (a) of such
section’’.
(B)(i) The heading of such section is amended to
read as follows:
295
‘‘§ 2693. Conveyance of certain property: Department
of Justice correctional options program’’.
(ii) The item relating to such section in the table
of sections at the beginning of chapter 159 is amended
to read as follows:
‘‘2693. Conveyance of certain property: Department of Justice correctional options
program.’’.
(28) Section 3014(f)(3) is amended by striking
‘‘the number equal to’’ and all that follows and insert-
ing ‘‘67.’’.
(29) Section 5014(f)(3) is amended by striking
‘‘the number equal to’’ and all that follows and insert-
ing ‘‘74.’’.
(30) Section 8014(f)(3) is amended by striking
‘‘the number equal to’’ and all that follows and insert-
ing ‘‘60.’’.
(31) Section 9783(e)(1) is amended by striking
‘‘40101(a)(2)’’ and inserting ‘‘40102(a)(2)’’.
(32) Section 12741(a)(2) is amended by striking
‘‘received’’ and inserting ‘‘receive’’.
(b) AMENDMENTS RELATING TO CHANGE IN TITLE OF
UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECH-
NOLOGY, AND LOGISTICS.—Title 10, United States Code, is
further amended as follows:
(1) Section 133a(b) is amended by striking
‘‘shall assist the Under Secretary of Defense for Ac-
296
quisition and Technology’’ and inserting ‘‘shall assist
the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics’’.
(2) The following provisions are each amended
by striking ‘‘Under Secretary of Defense for Acquisi-
tion and Technology’’ and inserting ‘‘Under Secretary
of Defense for Acquisition, Technology, and Logis-
tics’’: sections 139(c), 139(f), 171(a)(3), 179(a)(1),
1702, 
1703, 
1707(a), 
1722(a), 
1722(b)(2)(B),
1735(c)(1), 
1737(c)(1), 
1737(c)(2)(B), 
1741(b),
1746(a), 
1761(b)(4), 
1763, 
2302c(a)(2),
2304(f)(1)(B)(iii), 
2304(f)(6)(B), 
2311(c)(1),
2311(c)(2)(B), 
2350a(b)(2), 
2350a(e)(1)(A),
2350a(e)(2)(B), 
2350a(f)(1), 
2399(b)(3), 
2435(b),
2435(d)(2), 2521(a), and 2534(i)(3).
(3)(A) The heading for section 1702 is amended
to read as follows:
‘‘§ 1702. Under Secretary of Defense for Acquisition,
Technology, 
and 
Logistics: 
authorities
and responsibilities’’.
(B) The item relating to section 1702 in the
table of sections at the beginning of subchapter I of
chapter 87 is amended to read as follows:
‘‘1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: au-
thorities and responsibilities.’’.
297
(4) Section 2503(b) is amended by striking
‘‘Under Secretary of Defense for Acquisition’’ and in-
serting ‘‘Under Secretary of Defense for Acquisition,
Technology, and Logistics’’.
(c) AMENDMENTS TO SUBSTITUTE CALENDAR DATES
FOR DATE-OF-ENACTMENT REFERENCES.—Title 10, United
States Code, is further amended as follows:
(1) Section 130c(d)(1) is amended by striking
‘‘the date of the enactment of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year
2001’’ and inserting ‘‘October 30, 2000,’’.
(2) Section 184(a) is amended by striking ‘‘the
date of the enactment of this section,’’ and inserting
‘‘October 30, 2000,’’.
(3) Section 986(a) is amended by striking ‘‘the
date of the enactment of this section,’’ and inserting
‘‘October 30, 2000,’’.
(4) Section 1074g(a)(8) is amended by striking
‘‘the date of the enactment of this section’’ and insert-
ing ‘‘October 5, 1999,’’.
(5) Section 1079(h)(2) is amended by striking
‘‘the date of the enactment of this paragraph’’ and in-
serting ‘‘February 10, 1996,’’.
(6) Section 1206(5) is amended by striking ‘‘the
date of the enactment of the National Defense Author-
298
ization Act for Fiscal Year 2000,’’ and inserting ‘‘Oc-
tober 5, 1999,’’.
(7) Section 1405(c)(1) is amended by striking
‘‘the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1995,’’ and insert-
ing ‘‘October 5, 1994,’’.
(8) Section 1407(f)(2) is amended by striking
‘‘the date of the enactment of this subsection—’’ and
inserting ‘‘October 30, 2000—’’.
(9) Section 1408(d)(6) is amended by striking
‘‘the date of the enactment of this paragraph’’ and in-
serting ‘‘August 22, 1996,’’.
(10) Section 1511(b) is amended by striking ‘‘the
date of the enactment of this chapter.’’ and inserting
‘‘February 10, 1996.’’.
(11) Section 2461a(b)(1) is amended by striking
‘‘the date of the enactment of this section,’’ and insert-
ing ‘‘October 30, 2000,’’.
(12) Section 4021(c)(1) is amended by striking
‘‘the date of the enactment of this section.’’ and insert-
ing ‘‘November 29, 1989.’’.
(13) Section 6328(a) is amended by striking ‘‘the
date of the enactment of this section’’ and inserting
‘‘February 10, 1996,’’.
(14) Section 7439 is amended—
299
(A) in subsection (a)(2), by striking ‘‘one
year after the date of the enactment of this sec-
tion,’’ and inserting ‘‘November 18, 1998,’’;
(B) in subsection (b)(1), by striking ‘‘the
date of the enactment of this section,’’ and in-
serting ‘‘November 18, 1997,’’;
(C) in subsection (b)(2), by striking ‘‘the
end of the one-year period beginning on the date
of the enactment of this section.’’ and inserting
‘‘November 18, 1998.’’; and
(D) in subsection (f)(2), by striking ‘‘the
date of the enactment of this section’’ and insert-
ing ‘‘November 18, 1997,’’.
(15) Section 12533 is amended—
(A) in each of subsections (b) and (c)(1), by
striking ‘‘the date of the enactment of this sec-
tion.’’ and inserting ‘‘November 18, 1997.’’; and
(B) in each of subsections (c)(2) and (d), by
striking ‘‘the date of the enactment of this sec-
tion’’ and inserting ‘‘November 18, 1997,’’.
(16) Section 12733(3) is amended—
(A) in subparagraph (B), by striking ‘‘the
date of the enactment of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year
2001;’’ and inserting ‘‘October 30, 2000;’’; and
300
(B) in subparagraph (C), by striking ‘‘the
date of the enactment of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year
2001’’ and inserting ‘‘October 30, 2000,’’.
(d) AMENDMENTS RELATING TO CHANGE IN TITLE OF
MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.—The fol-
lowing provisions are each amended by striking ‘‘Stewart
B. McKinney Homeless Assistance Act’’ and inserting
‘‘McKinney-Vento Homeless Assistance Act’’:
(1) 
Sections 
2814(j)(2), 
2854a(d)(2), 
and
2878(d)(4) of title 10, United States Code.
(2) Sections 2905(b)(6)(A) and 2910(11) of the
Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note).
(3) Section 204(b)(6)(A) of the Defense Author-
ization Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C. 2687
note).
(4) Section 2915(c)(10) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C.
2687 note).
(5) Section 2(e)(4)(A) of the Base Closure Com-
munity Redevelopment and Homeless Assistance Act
of 1994 (Public Law 103–421; 10 U.S.C. 2687 note).
301
(6) Section 1053(a) of the National Defense Au-
thorization Act for Fiscal Year 1997 (110 Stat. 2650).
(e) AMENDMENTS TO REPEAL OBSOLETE PROVI-
SIONS.—Title 10, United States Code, is further amended
as follows:
(1) Section 1144 is amended—
(A) in subsection (a)(3), by striking the sec-
ond sentence; and
(B) by striking subsection (e).
(2) Section 1581(b) is amended—
(A) by striking ‘‘(1)’’ and all that follows
through ‘‘The Secretary of Defense shall deposit’’
and inserting ‘‘The Secretary of Defense shall de-
posit’’; and
(B) by striking ‘‘on or after December 5,
1991,’’.
(3) Subsection (e) of section 1722 is repealed.
(4) Subsection 1732(a) is amended by striking
the second sentence.
(5) Section 1734 is amended—
(A) in subsection (b)(1)(B), by striking ‘‘on
and after October 1, 1991,’’; and
(B) in subsection (e)(2), by striking the last
sentence.
(6)(A) Section 1736 is repealed.
302
(B) The table of sections at the beginning of sub-
chapter III of chapter 87 is amended by striking the
item relating to section 1736.
(7)(A) Sections 1762 and 1764 are repealed.
(B) The table of sections at the beginning of sub-
chapter V of chapter 87 is amended by striking the
items relating to sections 1762 and 1764.
(8) Section 2112(a) is amended by striking ‘‘,
with the first class graduating not later than Sep-
tember 21, 1982’’.
(9) Section 2218(d)(1) is amended by striking
‘‘for fiscal years after fiscal year 1993’’.
(10)(A) Section 2468 is repealed.
(B) The table of sections at the beginning of
chapter 146 is amended by striking the item relating
to section 2468.
(11) Section 2832 is amended—
(A) by striking ‘‘(a)’’ before ‘‘The Secretary
of Defense’’; and
(B) by striking subsection (b).
(12) Section 7430(b)(2) is amended—
(A) by striking ‘‘at a price less than’’ and
all that follows through ‘‘the current sales price’’
and inserting ‘‘at a price less than the current
sales price’’;
303
(B) by striking ‘‘; or’’ and inserting a pe-
riod; and
(C) by striking subparagraph (B).
(f) PUBLIC LAW 106–398.—Effective as of October 30,
2000, and as if included therein as enacted, the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398) is
amended as follows:
(1) Section 525(b)(1) (114 Stat. 1654A–109) is
amended by striking ‘‘subsection (c)’’ and inserting
‘‘subsections (a) and (b)’’.
(2) Section 1152(c)(2) (114 Stat. 1654A–323) is
amended by inserting ‘‘inserting’’ after ‘‘and’’.
(g) PUBLIC LAW 106–65.—Effective as of October 5,
1999, and as if included therein as enacted, the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106–65) is amended as follows:
(1) Section 531(b)(2)(A) (113 Stat. 602) is
amended by inserting ‘‘in subsection (a),’’ after
‘‘(A)’’.
(2) Section 549(a)(2) (113 Stat. 611) is amended
by striking ‘‘such chapter’’ and inserting ‘‘chapter 49
of title 10, United States Code,’’.
(3) Section 576(a)(3) (10 U.S.C. 1501 note; 113
Stat. 625) is amended by adding a period at the end.
304
(4) Section 577(a)(2) (113 Stat. 625) is amended
by striking ‘‘bad conduct’’ in the first quoted matter
and inserting ‘‘bad-conduct’’.
(5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302
note; 113 Stat. 709) is amended by striking ‘‘Mentor-
Protegee’’ and inserting ‘‘Mentor-Protege’’.
(6) Section 1052(b)(1) (113 Stat. 764) is amend-
ed by striking ‘‘ ‘The Department’’ and inserting ‘‘the
‘Department’’.
(7) Section 1053(a)(5) (10 U.S.C. 113 note; 113
Stat. 764) is amended by inserting ‘‘and’’ before ‘‘Ma-
rines’’.
(8) Section 1402(f)(2)(A) (22 U.S.C. 2778 note;
113 Stat. 799) is amended by striking ‘‘3201 note’’
and inserting ‘‘6305(4)’’.
(9) Section 2902(d) (10 U.S.C. 111 note; 113
Stat. 882) is amended by striking ‘‘section 2871(b)’’
and inserting ‘‘section 2881(b)’’.
(h) PUBLIC LAW 102–484.—The National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law 102–484)
is amended as follows:
(1) 
Section 
3161(c)(6)(C) 
(42 
U.S.C.
7274h(c)(6)(C)) is amended by striking ‘‘title IX of
the Public Works and Economic Development Act of
1965 (42 U.S.C. 3241 et seq.)’’ and inserting ‘‘title II
305
of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141 et seq.)’’.
(2) Section 4416(b)(1) (10 U.S.C. 12681 note) is
amended by striking ‘‘force reduction period’’ and in-
serting ‘‘force reduction transition period’’.
(3) Section 4461(5) (10 U.S.C. 1143 note) is
amended by adding a period at the end.
(i) OTHER LAWS.—
(1) Section 1083(c) of the National Defense Au-
thorization Act for Fiscal Year 1998 (Public Law
105–85; 10 U.S.C. 113 note) is amended by striking
‘‘NAMES’’ and inserting ‘‘NAME’’.
(2) Section 845(d)(1)(B)(ii) of the National De-
fense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 10 U.S.C. 2371 note) is amended by
inserting a closed parenthesis after ‘‘41 U.S.C.
414(3))’’.
(3) Section 1123(b) of the National Defense Au-
thorization Act for Fiscal Years 1990 and 1991 (Pub-
lic Law 101–189; 103 Stat. 1556) is amended by
striking ‘‘Armed Forces Staff College’’ each place it
appears and inserting ‘‘Joint Forces Staff College’’.
(4) Section 1412(g)(2)(C)(vii) of the Department
of Defense Authorization Act, 1986 (50 U.S.C.
306
1521(g)(2)(C)(vii)) is amended by striking ‘‘(c)(3)’’
and inserting ‘‘(c)(4)’’.
(5) Section 8336 of title 5, United States Code,
is amended—
(A) in subsection (d)(2), by striking ‘‘sub-
section (o)’’ and inserting ‘‘subsection (p)’’; and
(B) by redesignating the second subsection
(o), added by section 1152(a)(2) of the Floyd D.
Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted by Public Law
106–398; 114 Stat. 1654A–320), as subsection
(p).
(6) Section 9001(3) of title 5, United States
Code, is amended by striking ‘‘and’’ at the end of sub-
paragraph (A) and inserting ‘‘or’’.
(7) Section 318(h)(3) of title 37, United States
Code, is amended by striking ‘‘subsection (a)’’ and in-
serting ‘‘subsection (b)’’.
(8) Section 3695(a)(5) of title 38, United States
Code, is amended by striking ‘‘1610’’ and inserting
‘‘1611’’.
(9) Section 13(b) of the Peace Corps Act (22
U.S.C. 2512(b)) is amended by striking ‘‘, subject to
section 5532 of title 5, United States Code’’.
307
(10) Section 127(g)(6) of the Trade Deficit Re-
view Commission Act (19 U.S.C. 2213 note), as
amended by section 311(b) of the Legislative Branch
Appropriations Act, 2000 (Public Law 106–57; 113
Stat. 428), is amended—
(A) by striking ‘‘AUTHORITIES.—’’ and all
that follows through ‘‘An individual’’ and insert-
ing ‘‘AUTHORITIES.—An individual’’; and
(B) by striking subparagraph (B).
(11) Section 28 of the Atomic Energy Act of
1954 (42 U.S.C. 2038) is amended in the last sen-
tence by striking ’’, subject to’’ and all that follows
through the period at the end and inserting a period.
(12) Section 3212 of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2402) is amended
by redesignating the second subsection (e), added by
section 3159(a) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as en-
acted by Public Law 106–398; 114 Stat. 1654A–469),
as subsection (f).
308
TITLE XI—CIVILIAN PERSONNEL
SEC. 1101. UNDERGRADUATE TRAINING PROGRAM FOR EM-
PLOYEES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY.
(a) AUTHORITY TO CARRY OUT TRAINING PRO-
GRAM.—Subchapter III of chapter 22 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 462. Undergraduate training program
‘‘(a) AUTHORITY TO CARRY OUT PROGRAM.—The Sec-
retary of Defense may authorize the Director of the National
Imagery and Mapping Agency to establish an under-
graduate training program under which civilian employees
of the National Imagery and Mapping Agency may be as-
signed as students at accredited professional, technical, and
other institutions of higher learning for training at the un-
dergraduate level in skills critical to effective performance
of the mission of the National Imagery and Mapping Agen-
cy. Such training may lead to the award of a baccalaureate
degree.
‘‘(b) PURPOSE.—The purpose of the program author-
ized by subsection (a) is to facilitate the recruitment of in-
dividuals, particularly minority high school students, with
a demonstrated capability to develop skills critical to the
mission of the National Imagery and Mapping Agency, in-
309
cluding skills in mathematics, computer science, engineer-
ing, and foreign languages.
‘‘(c) REQUIREMENTS.—(1) To be eligible for assign-
ment under subsection (a), an employee of the National Im-
agery and Mapping Agency must agree in writing—
‘‘(A) to continue in the service of the National
Imagery and Mapping Agency for the period of the
assignment and to complete the educational course of
training for which the employee is assigned;
‘‘(B) to continue in the service of the National
Imagery and Mapping Agency following completion
of the assignment for a period of one-and-a-half years
for each year of the assignment or part thereof;
‘‘(C) to reimburse the United States for the total
cost of education (excluding the employee’s pay and
allowances) provided under this section to the em-
ployee if, before the employee’s completing the edu-
cational course of training for which the employee is
assigned, the assignment or the employee’s employ-
ment with the National Imagery and Mapping Agen-
cy is terminated either by the National Imagery and
Mapping Agency due to misconduct by the employee
or by the employee voluntarily; and
‘‘(D) to reimburse the United States if, after
completing the educational course of training for
310
which the employee is assigned, the employee’s em-
ployment with the National Imagery and Mapping
Agency is terminated either by the National Imagery
and Mapping Agency due to misconduct by the em-
ployee or by the employee voluntarily, before the em-
ployee’s completion of the service obligation period de-
scribed in subparagraph (B), in an amount that
bears the same ratio to the total cost of the education
(excluding the employee’s pay and allowances) pro-
vided to the employee as the unserved portion of the
service obligation period described in subparagraph
(B) bears to the total period of the service obligation
described in subparagraph (B).
‘‘(2) Subject to paragraph (3), the obligation to reim-
burse the United States under an agreement described in
paragraph (1), including interest due on such obligation,
is for all purposes a debt owing the United States.
‘‘(3)(A) A discharge in bankruptcy under title 11,
United States Code, shall not release a person from an obli-
gation to reimburse the United States required under an
agreement described in paragraph (1) if the final decree of
the discharge in bankruptcy is issued within five years after
the last day of the combined period of service obligation
described in subparagraphs (A) and (B) of paragraph (1).
311
‘‘(B) The Secretary of Defense may release a person,
in whole or in part, from the obligation to reimburse the
United States under an agreement described in paragraph
(1) when, in his discretion, the Secretary determines that
equity or the interests of the United States so require.
‘‘(C) The Secretary of Defense shall permit an em-
ployee assigned under this section who, before commencing
a second academic year of such assignment, voluntarily ter-
minates the assignment or the employee’s employment with
the National Imagery and Mapping Agency, to satisfy his
obligation under an agreement described in paragraph (1)
by reimbursing the United States according to a schedule
of monthly payments which results in completion of reim-
bursement by a date five years after the date of termination
of the assignment or employment or earlier at the option
of the employee.
‘‘(d) DISCLOSURE REQUIRED.—(1) When an employee
is assigned under this section to an institution, the Sec-
retary shall disclose to the institution to which the employee
is assigned that the National Imagery and Mapping Agency
employs the employee and that the National Imagery and
Mapping Agency funds the employee’s education.
‘‘(2) Efforts by the Secretary to recruit individuals at
educational institutions for participation in the under-
graduate training program established by this section shall
312
be made openly and according to the common practices of
universities and employers recruiting at such institutions.
‘‘(e) APPROPRIATION OF FUNDS REQUIRED.—The Sec-
retary may pay, directly or by reimbursement to employees,
expenses incident to assignments under subsection (a), in
any fiscal year only to the extent that appropriated funds
are available for such purpose.
‘‘(f) INAPPLICABILITY OF CERTAIN LAWS.—Chapter 41
of title 5 and subsections (a) and (b) of section 3324 of title
31 shall not apply with respect to this section.
‘‘(g) REGULATIONS.—The Secretary of Defense may
prescribe such regulations as may be necessary to imple-
ment this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by adding at
the end the following new item:
‘‘462. Undergraduate training program.’’.
SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING
EXPENSES.
(a) AUTHORITY TO CARRY OUT PILOT PROGRAM.—
(1) The Secretary of Defense may establish a pilot program
to facilitate the reemployment of eligible employees of the
Department of Defense who are involuntarily separated due
to a reduction in force, relocation as a result of a transfer
of function, realignment, or change of duty station. Under
the pilot program, the Secretary may pay retraining incen-
313
tives to encourage non-Federal employers to hire and retain
such eligible employees.
(2) Under the pilot program, the Secretary may enter
into an agreement with a non-Federal employer under
which the employer agrees—
(A) to employ an eligible employee for at least
12 months at a salary that is mutually agreeable to
the employer and the eligible employee; and
(B) to certify to the Secretary the amount of
costs incurred by the employer for any necessary
training (as defined by the Secretary) provided to
such eligible employee in connection with the employ-
ment.
(3) The Secretary may pay a retraining incentive to
the non-Federal employer upon the employee’s completion
of 12 months of continuous employment with that employer.
The Secretary shall determine the amount of the incentive,
except that in no event may such amount exceed the amount
certified with respect to such eligible employee under para-
graph (2)(A), or $10,000, whichever is greater.
(4) In a case in which an eligible employee does not
remain employed by the non-Federal employer for at least
12 months, the Secretary may pay to the employer a pro-
rated amount of what would have been the full retraining
314
incentive if the eligible employee had remained employed
for such 12-month period.
(b) ELIGIBLE EMPLOYEES.—For purposes of this sec-
tion, an eligible employee is an employee of the Department
of Defense, serving under an appointment without time lim-
itation, who has been employed by the Department for a
continuous period of at least 12 months and who has been
given notice of separation pursuant to a reduction in force,
relocation as a result of a transfer of function, realignment,
or change of duty station, except that such term does not
include—
(1) a reemployed annuitant under the retirement
systems described in subchapter III of chapter 83 of
title 5, United States Code, or chapter 84 of such title,
or another retirement system for employees of the Fed-
eral Government;
(2) an employee who, upon separation from Fed-
eral service, is eligible for an immediate annuity
under subchapter III of chapter 83 of such title, or
subchapter II of chapter 84 of such title; or
(3) an employee who is eligible for disability re-
tirement under any of the retirement systems referred
to in paragraph (1).
315
(c) DURATION.—No incentive may be paid under the
pilot program for training commenced after September 30,
2005.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘non-Federal employer’’ means an
employer that is not an Executive agency, as defined
in section 105 of title 5, United States Code, or an
entity in the legislative or judicial branch of the Fed-
eral Government.
(2) The term ‘‘reduction in force’’ has the mean-
ing of that term as used in chapter 35 of such title
5.
(3) The term ‘‘realignment’’ has the meaning
given that term in section 2910 of the Defense Base
Closure and Realignment Act of 1990 (title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
SEC. 1103. PAYMENT OF EXPENSES TO OBTAIN PROFES-
SIONAL CREDENTIALS.
(a) IN GENERAL.—Chapter 57 of title 5, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 5757. Payment of expenses to obtain professional
credentials
‘‘(a) An agency may use appropriated funds or funds
otherwise available to the agency to pay for—
316
‘‘(1) expenses for employees to obtain profes-
sional credentials, including expenses for professional
accreditation, State-imposed and professional licenses,
and professional certification; and
‘‘(2) examinations to obtain such credentials.
‘‘(b) The authority under subsection (a) may not be
exercised on behalf of any employee occupying or seeking
to qualify for appointment to any position that is excepted
from the competitive service because of the confidential, pol-
icy-determining, policy-making, or policy-advocating char-
acter of the position.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘5757. Payment of expenses to obtain professional credentials.’’.
SEC. 1104. RETIREMENT PORTABILITY ELECTIONS FOR CER-
TAIN DEPARTMENT OF DEFENSE AND COAST
GUARD EMPLOYEES.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8347(q) of title 5, United States Code, is amended—
(1) in paragraph (1)(B), by striking ‘‘has 5 or
more years of civilian service creditable under’’ and
inserting ‘‘is employed subject to’’; and
(2) in paragraph (2)(B)—
(A) by striking ‘‘vested’’; and
317
(B) by striking ‘‘, as the term ‘vested partic-
ipant’ is defined by such system’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8461(n) of such title is amended—
(1) in paragraph (1)(B), by striking ‘‘has 5 or
more years of civilian service creditable under’’ and
inserting ‘‘is employed subject to’’; and
(2) in paragraph (2)(B)—
(A) by striking ‘‘vested’’; and
(B) by striking ‘‘, as the term ‘vested partic-
ipant’ is defined by such system’’.
SEC. 1105. REMOVAL OF REQUIREMENT THAT GRANTING
CIVIL SERVICE COMPENSATORY TIME BE
BASED ON AMOUNT OF IRREGULAR OR OCCA-
SIONAL OVERTIME WORK.
Section 5543 of title 5, United States Code, is amended
by striking ‘‘irregular or occasional’’ in each place such
words appear.
SEC. 1106. APPLICABILITY OF CERTAIN LAWS TO CERTAIN
INDIVIDUALS ASSIGNED TO WORK IN THE
FEDERAL GOVERNMENT.
Section 3374(c)(2) of title 5, United States Code, is
amended by inserting ‘‘the Ethics in Government Act of
1978, section 1043 of the Internal Revenue Code of 1986,
318
section 27 of the Office of Federal Procurement Policy Act,’’
after ‘‘chapter 73 of this title,’’.
SEC. 1107. LIMITATION ON PREMIUM PAY.
Section 5547 of title 5, United States Code, is
amended—
(1) by striking subsections (a) and (b) and in-
serting the following new subsections:
‘‘(a) An employee may be paid premium pay under
sections 5542, 5545 (a), (b), and (c), 5545a, and 5546 (a)
and (b) of this title only to the extent that the aggregate
of such employee’s basic pay and premium pay under those
provisions would, in any calendar year, exceed the max-
imum rate payable for GS–15 in effect at the end of such
calendar year.
‘‘(b) Subsection (a) shall not apply to any employee
of the Federal Aviation Administration or the Department
of Defense who is paid premium pay under section 5546a
of this title.’’; and
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘Sub-
sections (a) and (b)’’ and inserting ‘‘Subsection
(a)’’; and
(B) in paragraph (2), by striking ‘‘pay pe-
riod’’ and inserting ‘‘calendar year’’.
319
SEC. 1108. USE OF COMMON OCCUPATIONAL AND HEALTH
STANDARDS AS A BASIS FOR DIFFERENTIAL
PAYMENTS MADE AS A CONSEQUENCE OF EX-
POSURE TO ASBESTOS.
(a) PREVAILING RATE SYSTEMS.—Section 5343(c)(4)
of title 5, United States Code, is amended by inserting be-
fore the semicolon the following: ‘‘(and for any hardship
or hazard related to asbestos, such differentials shall be de-
termined by applying occupational safety and health stand-
ards consistent with the permissible exposure limit promul-
gated by the Secretary of Labor under the Occupational
Safety and Health Act of 1970)’’.
(b) GENERAL SCHEDULE PAY RATES.—The first sen-
tence of section 5545(d) of such title is amended by inserting
before the period the following: ‘‘(and for any hardship or
hazard related to asbestos, such differentials shall be deter-
mined by applying occupational safety and health stand-
ards consistent with the permissible exposure limit promul-
gated by the Secretary of Labor under the Occupational
Safety and Health Act of 1970)’’.
(c) APPLICABILITY.—Any administrative or judicial
determination made after the date of enactment of this Act
concerning differential back payments related to asbestos
under section 5343(c)(4) or 5545(d) of such title shall be
based on the occupational safety and health standards de-
scribed in such section, respectively.
320
SEC. 1109. AUTHORITY FOR DESIGNATED CIVILIAN EMPLOY-
EES ABROAD TO ACT AS A NOTARY.
(a) IN GENERAL.—Paragraph (4) of section 1044a(b)
of title 10, United States Code, is amended—
(1) by inserting ‘‘and, when outside the United
States, all civilian employees of the Department of
Defense,’’ after ‘‘duty status,’’; and
(2) by inserting ‘‘or the Department of Defense’’
before ‘‘or by statute’’.
(b) CLARIFICATION OF STATUS OF CIVILIAN ATTOR-
NEYS ACTING AS A NOTARY.—Paragraph (2) of such section
is amended by striking ‘‘legal assistance officers’’ and in-
serting ‘‘legal assistance attorneys’’.
SEC. 1110. ‘‘MONRONEY AMENDMENT’’ RESTORED TO ITS
PRIOR FORM.
Paragraph (2) of section 5343(d) of title 5, United
States Code, is amended to read as such paragraph last
read before the enactment of section 1242 of the Department
of Defense Authorization Act, 1986 (Public Law 99–145;
99 Stat. 735).
321
TITLE XII—MATTERS RELATING
TO FOREIGN NATIONS
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NU-
CLEAR TEST MONITORING EQUIPMENT TO
FOREIGN GOVERNMENTS.
Section 2565 of title 10, United States Code, as redes-
ignated by section 1047(a)(25), is amended—
(1) in subsection (a)—
(A) by striking ‘‘CONVEY OR’’ in the sub-
section heading and inserting ‘‘TRANSFER TITLE
TO OR OTHERWISE’’;
(B) in paragraph (1)—
(i) by striking ‘‘convey’’ and inserting
‘‘transfer title’’; and
(ii) by striking ‘‘and’’ after ‘‘equip-
ment;’’;
(C) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(D) by adding at the end the following new
paragraph:
‘‘(3) inspect, test, maintain, repair, or replace
any such equipment.’’; and
(2) in subsection (b)—
322
(A) by striking ‘‘conveyed or otherwise pro-
vided’’ and inserting ‘‘provided to a foreign gov-
ernment’’;
(B) by inserting ‘‘and’’ at the end of para-
graph (1);
(C) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and
(D) by striking paragraph (3).
SEC. 1202. ACQUISITION OF LOGISTICAL SUPPORT FOR SE-
CURITY FORCES.
Section 5 of the Multinational Force and Observers
Participation Resolution (22 U.S.C. 3424) is amended by
adding at the end the following new subsection:
‘‘(d)(1) The United States may use contractors to pro-
vide logistical support to the Multinational Force and Ob-
servers under this section in lieu of providing such support
through a logistical support unit comprised of members of
the United States Armed Forces.
‘‘(2) Notwithstanding subsections (a) and (b) and sec-
tion 7(b), support by a contractor under this subsection
may be provided without reimbursement, whenever the
President determines that such action enhances or supports
the national security interests of the United States.’’.
323
SEC. 1203. REPORT ON THE SALE AND TRANSFER OF MILI-
TARY HARDWARE, EXPERTISE, AND TECH-
NOLOGY FROM STATES OF THE FORMER SO-
VIET UNION TO THE PEOPLE’S REPUBLIC OF
CHINA.
Section 1202 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
781; 10 U.S.C. 113 note) is amended by adding at the end
the following new subsection:
‘‘(d) REPORT
ON SALES
AND TRANSFERS FROM
STATES OF THE FORMER SOVIET UNION TO CHINA.—(1)
The report to be submitted under this section not later than
March 1, 2002, shall include in a separate section a report
describing the sales and transfer of military hardware, ex-
pertise, and technology from states of the former Soviet
Union to the People’s Republic of China. The report shall
set forth the history of such sales and transfers since 1990,
forecast possible future sales and transfers, and address the
implications of those sales and transfers for the security of
the United States and its friends and allies in Asia.
‘‘(2) The report shall include analysis and forecasts of
the following matters related to military cooperation be-
tween states of the former Soviet Union and the People’s
Republic of China: