Bob Stump National Defense Authorization Act for Fiscal Year 2003
PL 107-314 (H.R.4546), enacted 12/02/2002

116 STAT. 2458 
PUBLIC LAW 107-314-DEC. 2, 2002 
Public Law 107-314 
107th Congress 
An Act 
To authorize appropriations for fiscal year 2003 for military activities of the Depart-
Dec. 2, 2002 
ment of Defense, for military construction, and for defense activities of the Depart-
[H R 45461 
ment of Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Bob Stump 
the United States of America in Congress assembled, 
National Defense 
Authorization 
SECTION 1. SHORT TITLE; FINDINGS. 
Act for Fi^cfil 
Year 2003. 
(a) SHORT TiTLE.—This Act may be cited as the "Bob Stump 
National Defense Authorization Act for Fiscal Year 2003". 
(b) FINDINGS.—Congress makes the following findings: 
(1) Representative Bob Stump of Arizona was elected to 
the House of Representatives in 1976 for service in the 95th 
Congress, after serving in the Arizona legislature for 18 years 
and serving as President of the Arizona State Senate from 
1975 to 1976, and he has been reelected to each subsequent 
Congress. 
(2) A World War II combat veteran, Representative Stump 
entered service in the United States Navy in 1943, just after 
his 16th birthday, and served aboard the USS LUNGA POINT 
and the USS TULAGI, which participated in the invasions 
of Luzon, Iwo Jima, and Okinawa. 
(3) Representative Stump was elected to the Committee 
on Armed Services in 1978 and has served on nearly all of 
its subcommittees and panels during 25 years of distinguished 
service on the committee. He has served as chairman of the 
committee during the 107th Congress and has championed 
United States national security as the paramount function of 
the Federal Government. 
(4) Also serving on the Committee on Veterans' Affairs 
of the House of Representatives, chairing that committee from 
1995 to 2000, and serving on the Permanent Select Committee 
on Intelligence of the House of Representatives, including serv-
ice as the ranking minority member in 1985 and 1986, Rep-
resentative Stump has dedicated his entire congressional career 
to steadfastly supporting America's courageous men and women 
in uniform both on and off the battlefield. 
(5) Representative Stump's tireless efforts on behalf of those 
in the military and veterans have been recognized with numer-
ous awards for outstanding service from active duty and reserve 
military, veterans' service, military retiree, and industry 
organizations. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2459 
(6) During his tenure as chairman of the Committee on 
Armed Services of the House of Representatives, Representative 
Stump has— 
(A) overseen the largest sustained increase to defense 
spending since the Reagan administration; 
(B) led efforts to improve the quality of military life, 
including passage of the largest military pay raise since 
1982; 
(C) supported military retirees, including efforts to 
reverse concurrent receipt law and to save the Armed 
Forces Retirement Homes; 
(D) championed military readiness by defending mili-
tary access to critical training facilities such Vieques, 
Puerto Rico, expanding the National Training Center at 
Ft. Irwin, California, and working to restore balance 
between environmental concerns and military readiness 
requirements; 
(E) reinvigorated efforts to defend America against 
ballistic missiles by supporting an increase in fiscal year 
2002 of nearly 50 percent above the fiscal year 2001 level 
for missile defense programs; and 
(F) honored America's war heroes by expanding 
Arlington National Cemetery, establishing a site for the 
Air Force Memorial, and assuring construction of the World 
War II Memorial. 
(7) In recognition of his long record of accomplishments 
in enhancing the national security of the United States and 
his legislative victories on behalf of active duty service mem-
bers, reservists, guardsmen, and veterans, it is altogether fit-
ting and proper that this Act be named in honor of Representa-
tive Bob Stump of Arizona, as provided in subsection (a). 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; findings. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—^Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. Defense Inspector General. 
Sec. 106. Chemical Agents and Munitions Destruction, Defense. 
Sec. 107. Defense health programs. 
116 STAT. 2460 
PUBLIC LAW 107-314—DEC. 2, 2002 
Subtitle B—^Army Programs 
Sec. 111. Pilot program on sales of manufactured articles and services of certain 
Army industrial facilities without regard to availability from domestic 
sources. 
Sec. 112. Report on impact of Army aviation modernization plan on the Army Na-
tional Guard. 
Sec. 113. Family of Medium Tactical Vehicles. 
Subtitle C—Navy Programs 
Sec. 121. Extension of multiyear procurement authority for DDG-51 class destroy-
ers. 
Sec. 122. Sense of Congress on scope of conversion program for Ticonderoga-class 
cruisers. 
Sec. 123. Continuation of contract for operation of Champion-class T-5 fuel tanker 
vessels. 
Subtitle D—^Air Force Programs 
Sec. 131. MultWear procurement authority for C-130J aircraft program. 
Sec. 132. Pathfinder programs. 
Sec. 133. Leases for tanker aircraft under multiyear aircraft-lease pilot program. 
Subtitle E—Other Programs 
Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions. 
Sec. 142. Report on unmanned aerial vehicle systems. 
Sec. 143. Global Information Grid system. 
TITLE 
II—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
Subtitle A—^Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Sec. 203. Defense health programs. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. RAH-66 Comanche aircraft program. 
Sec. 212. Extension of requirements relating to management responsibility for 
naval mine countermeasures programs. 
Sec. 213. Revised requirements for plan for Manufacturing Technology Program. 
Sec. 214. Advanced SEAL Delivery System. 
Sec. 215. Army experimentation program regarding design of the objective force. 
Sec. 216. Program to provide Army with self-propelled Future Combat Systems 
non-line-of-sight cannon indirect fire capability for the objective force. 
Sec. 217. Prohibition on transfer of Medical Free Electron Laser program. 
Sec. 218. Littoral combat ship program. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Report requirements relating to ballistic missile defense programs. 
Sec. 222. Responsibility of Missile Defense Agency for research, development, test, 
and evaluation related to system improvements of programs transferred 
to military departments. 
Sec. 223. Limitation on obligation of funds for Theater High Altitude Area Defense 
Program pending submission of required life-cycle cost information. 
Sec. 224. Provision of information on flight testing of Ground-based Midcourse Na-
tional Missile Defense system. 
Sec. 225. References to new name for Ballistic Missile Defense Organization. 
Sec. 226. One-year limitation on use of funds for nuclear armed interceptors. 
Subtitle D—Improved Management of Department of Defense Test and 
Evaluation Facilities 
Sec. 231. Department of Defense Test Resource Management Center. 
Sec. 232. Objective for institutional funding of test and evaluation facilities. 
Sec. 233. Uniform financial management system for Department of Defense test 
and evaluation facilities. 
Sec. 234. Test and evaluation workforce improvements. 
Sec. 235. Compliance with testing requirements. 
Subtitle E—Other Matters 
Sec. 241. Pilot programs for revitalizing Department of Defense laboratories. 
Sec. 242. Technology Transition Initiative. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2461 
Sec. 243. Defense Acquisition Challenge Program. 
Sec. 244. Encouragement of small businesses and nontraditional defense contrac-
tors to submit proposals potentially beneficial for combating terrorism. 
Sec. 245. Vehicle fuel cell program. 
Sec. 246. Defense nanotechnology research and development program. 
Sec. 247. Activities of the Defense Experimental Program to Stimulate Competitive 
Research. 
Sec. 248. Four-year extension of authority of DARPA to award prizes for advanced 
technology achievements and additional authority of military depart-
ments and Defense Agencies to award prizes for achievements in pro-
moting education. 
Sec. 249. Plan for five-year program for enhancement of measurement and signa-
tures intelligence capabilities of the United States through incorporation 
of results of basic research on sensors. 
TITLE m—OPERATION AND MAINTENANCE 
Subtitle A—^Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Grant to National Guard Youth Foundation. 
> 
Subtitle B—Environmental Provisions 
Sec. 311. Enhancement of authority on cooperative agreements for environmental 
purposes. 
Sec. 312. Single point of contact for policy and budgeting issues regarding 
unexploded ordnance, discarded military munitions, and munitions con-
stituents. 
Sec. 313. Authority to carry out construction projects for environmental responses. 
Sec. 314. Procurement of environmentally preferable procurement items. 
Sec. 315. Incidental taking of migratory birds during military readiness activities. 
Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities 
Sec. 321. Authority for each military department to provide base operating support 
to Fisher Houses. 
Sec. 322. Use of commissary stores and MWR retail facilities by members of Na-
tional Guard serving in national emergency. 
Sec. 323. Uniform funding and management of morale, welfare, and recreation pro-
grams. 
Sec. 324. Rebate agreements under the special supplemental food program. 
Subtitle D—^Workplace and Depot Issues 
Sec. 331. Notification requirements in connection with required studies for conver-
sion of commercial or industrial tjrpe functions to contractor perform-
ance. 
Sec. 332. Temporary authority for contractor performance of security-guard func-
tions to meet increased requirements since September 11, 2001. 
Sec. 333. Repeal of obsolete provision regarding depot-level maintenance and repair 
workloads that were performed at closed or realigned military installa-
tions. 
Sec. 334. Exclusion of certain expenditures from limitation on private sector per-
formance of depot-level maintenance. 
Subtitle E—Defense Dependents Education 
Sec. 341. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 342. Housing benefits for unaccompanied teachers required to live at Guanta-
namo Bay Naval Station, Cuba. 
Sec. 343. Options for funding dependent summer school programs. 
Sec. 344. Impact aid eligibility for local educational agencies affected by privatiza-
tion of military housing. 
Sec. 345. Comptroller General study of adequacy of compensation provided for 
teachers in the Department of Defense Overseas Dependents' Schools. 
Subtitle F—Information Technology 
Sec. 351. Annual submission of information regarding information technology cap-
ital assets. 
Sec. 352. Policy regarding acquisition of information assurance and information as-
surance-enabled information technology products. 
99-1940-03-2 :QL3Part4 
116 STAT. 2462 
PUBLIC LAW 107-314—DEC. 2, 2002 
Sec. 353. Installation and connection policy and procedures regarding Defense 
Switch Network. 
Subtitle G—Other Matters 
Sec. 361. Distribution of monthly reports on allocation of funds within operation 
and maintenance budget subactivities. 
Sec. 362. Continuation of arsenal support program initiative. 
Sec. 363. Extension of work safety demonstration program. 
Sec. 364. Condition on authority of Defense Security Service to impose fees on fee-
for-service basis. 
Sec. 365. Logistics support and services for weapon systems contractors. 
Sec. 366. Training range sustainment plan, Global Status of Resources and Train-
ing System, and training range inventory. 
Sec. 367. Engineering study and environmental analysis of road modifications in vi-
cinity of Fort Belvoir, Virginia. 
Sec. 368. Reauthorization of warranty claims recovery pilot program. 
Sec. 369. Expanded eligibility for loan, gift, or exchange of documents, historical ar-
tifacts, and condemned or obsolete combat materiel. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—^Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength minimum levels. 
Sec. 403. Expanded authority for administrative increases in statutory active-duty 
end strengths. 
Sec. 404. General and flag officer management. 
Sec. 405. Extension of certain authorities relating to management of numbers of 
general and flag officers in certain grades. 
Sec. 406. Increase in authorized strengths for Marine Corps officers on active duty 
in the grade of colonel. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2003 limitation on non-dual status technicians. 
Subtitle C—^Authorization of Appropriations 
Sec. 421. Authorization of appropriations for military personnel. 
TITLE V—MILITARY PERSONNEL POUCY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Extension of good-of-the-service waiver authority for officers appointed to 
a Reserve Chief or Guard Director position. 
Sec. 502. Exclusion of certain officers from limitation on authority to grant a waiv-
er of required completion or sequencing for joint professional military 
education. 
Sec. 503. Extension and codification of authority for recall of retired aviators to ac-
tive duty. 
Sec. 504. Grades for certain positions. 
Sec. 505. Reinstatement of authority to reduce three-year time-in-grade require-
ment for retirement in grade for officers in grades above major and lieu-
tenant commander. 
Sec. 506. Authority to require that an officer take leave pending review of a rec-
ommendation for removal by a board of inquiry. 
Subtitle B—Reserve Component Management 
Sec. 511. Reviews of National Guard strength accounting and management and 
other issues. 
Sec. 512. Courts-martial for the National Guard when not in Federal service. 
Sec. 513. Fiscal year 2003 funding for military personnel costs of reserve compo-
nent Special Operations Forces personnel engaged in humanitarian as-
sistance activities relating to clearing of landmines. 
Sec. 514. Use of Reserves to perform duties relating to defense against terrorism. 
Sec. 515. Repeal of prohibition on use of Air Force Reserve AGR personnel for Air 
Force base security functions. 
Subtitle C—Reserve Component Officer Personnel Policy 
Sec. 521. Eligibility for consideration for promotion to grade of major general for 
certain reserve component brigadier generals who do not otherwise 
qualify for consideration for promotion under the one-year rule. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2463 
Sec. 522. Authority for limited extension of medical deferment of mandatory retire-
ment or separation of reserve component officers. 
Subtitle D—Enlistment, Education, and Training Programs 
Sec. 531. Enlistment incentives for pursuit of skills to facilitate national service. 
Sec. 532. Authority for phased increase to 4,400 in authorized strengths for the 
service academies. 
Sec. 533. Enhancement of reserve component delayed training program. 
Sec. 534. Review of Armed Forces programs for preparation for, participation in, 
and conduct of athletic competitions. 
Sec. 535. Repeal of bar to eligibility of Army College First program participants for 
benefits under student loan repajrment program. 
Subtitle E—Decorations, Awards, and Commendations 
Sec. 541. Waiver of time limitations for award of Army Distinguished-Service Cross 
to certain persons. 
Sec. 542. Option to convert award of Armed Forces Expeditionary Medal awarded 
for Operation Frequent Wind to Vietnam Service Medal. 
Sec. 543. Korea Defense Service Medal. 
Sec. 544. Commendation of military chaplains. 
Subtitle F—^Administrative Matters 
Sec. 551. Staffing and funding for Defense Prisoner of War/Missing Personnel Of-
fice. 
Sec. 552. Three-year freeze on reductions of personnel of agencies responsible for 
review and correction of military records. 
Sec. 553. Authority for acceptance of volimtary services of individuals as proctors 
for administration of Armed Services Vocational Aptitude Battery test. 
Sec. 554. Extension of temporary early retirement authority. 
Subtitle G—^Matters Relating to Minorities and Women in the Armed Forces 
Sec. 561. Surveys of racial and ethnic issues and of gender issues in the Armed 
Forces. 
Sec. 562. Annual report on status of female members of the Armed Forces. 
Sec. 563. Wear of abayas by female members of the Armed Forces in Saudi Arabia. 
Subtitle H—^Benefits 
Sec. 571. Department of Defense support for persons participating in military fu-
neral honors details. 
Sec. 572. Emergency leave of absence program. 
Sec. 573. Enhanced flexibility in medical loan repayment program. 
Sec. 574. Destinations authorized for Government paid transportation of enlisted 
personnel for rest and recuperation absence upon extending duty at des-
ignated locations overseas. 
Sec. 575. Vehicle storage in lieu of transportation when member is ordered to a 
nonforeign duty station outside continental United States. 
Subtitle I—Reports 
Sec. 581. Quadrennial quality of life review. 
Sec. 582. Report on desirability and feasibility of consolidating separate courses of 
basic instruction for judge advocates. 
Sec. 583. Reports on efforts to resolve status of Captain Michael Scott Speicher, 
United States Navy. 
Sec. 584. Report on volunteer services of members of the reserve components in 
emergency response to the terrorist attacks of September 11, 2001. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 2003. 
Sec. 602. Basic allowance for housing in cases of low-cost or no-cost moves. 
Sec. 603. Rate of basic allowance for subsistence for enlisted personnel occup5dng 
single Government quarters without adequate availability of meals. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
116 STAT. 2464 
PUBLIC LAW 107-314—DEC. 2, 2002 
Sec. 614. One-year extension of other bonus and special pay authorities. 
Sec. 615. Increase in maximum rates for certain special pays, bonuses, and finan-
cial assistance for health care professionals. 
Sec. 616. Assignment incentive pay. 
Sec. 617. Increase in maximum rates for prior service enlistment bonus. 
Sec. 618. Retention incentives for health care professionals qiiaUfied in a critical 
military skill. 
Subtitle C—^Travel and Transportation Allowances 
Sec. 62 L Extension of leave travel deferral period for members performing consecu-
tive overseas tours of duty. 
Sec. 622. Transportation of motor vehicles for members reported missing. 
Subtitle D—Retired Pay and Sturvivor Benefits 
Sec. 631. Permanent reduction from eight to six in number of years of reserve serv-
ice required for eligibility for retired pay for non-regular service. 
Sec. 632. Increased retired pay for enlisted Reserves credited with extraordinary 
heroism. 
Sec. 633. Elimination of possible inversion in retired pay cost-of-living adjustment 
for initial COLA computation. 
Sec. 634. Technical revisions to so-called "forgotten widows" annuity program. 
Sec. 635. Expansion of authority of Secretary of Defense to waive time limitations 
on claims against the Grovemment fw military personnel benefits. 
Sec. 636. Special compensation for certain combat-related disabled uniformed serv-
ices retirees. 
Subtitle E—Montgomery GI Bill 
Sec. 641. Time limitation for use of Montgomery GI Bill entitlement by members 
of the Selected Reserve. 
Sec. 642. Repayment requirements under Reserve Component Montgomery GI Bill 
arising from failure to participate satisfactorily in milita^ service to be 
considered debts owed to the United States. 
Sec. 643. Technical adjustments to authority for certain members to transfer edu-
cational assistance under Montgomery GI Bill to dependents. 
Subtitle F—Other Matters 
Sec. 651. Payment of interest on student loans. 
Sec. 652. Additional authority to provide assistance for families of members of the 
Armed Forces. 
Sec. 653. Repeal of authority for acceptance of honoraria by personnel at certain 
Department of Defense schools. 
Sec. 654. Addition of definition of continental United States in title 37. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Health Care Program Improvements 
Sec. 701. Elimination of requirement for TRICARE preauthorization of inpatient 
mental health care for medicare-eligible beneficiaries. 
Sec. 702. Continued TRICARE eligibility of dependents residing at remote locations 
after departure of sponsors for imaccompanied assignments and eligi-
bility of dependents of reserve component members ordered to active 
duty. 
Sec. 703. Eligibility of surviving dependents for TRICARE dental program benefits 
after discontinuance of former enrollment. 
Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care Fund. 
Sec. 705. Approval of medicare providers as TRICARE providers. 
Sec. 706. Technical corrections relating to transitional health care for members sep-
arated from active duty. 
Sec. 707. Extension of temporary authority to enter into personal services contracts 
for the performance of health care responsibilities at locations other 
than military medical treatment facilities. 
Sec. 708. Access to health care services for beneficiaries eligible for TRICARE and 
Department of Veterans Afiairs health care. 
Sec. 709. Disclosure of information on Project 112 to Department of Veterans Af-
fairs. 
Subtitle B—Reports 
Sec. 711. Claims information. 
Sec. 712. Comptroller General report on provision of care under the TRICARE pro-
gram. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2465 
Sec. 713. Repeal of report requirement. 
Subtitle C—Department of Defense-Department of Veterans Affairs Health 
Resources Sharing 
Sec. 721. Revised coordination and sharing jguidelines. 
Sec. 722. Health care resources sharing ana coordination project. 
Sec. 723. Report on improved coordination and sharing of health care and health 
care resources following domestic acts of terrorism or domestic use of 
weapons of mass destruction. 
Sec. 724. Interoperability of Department of Veterans Affairs and Department of De-
fense pharmacy data systems. 
Sec. 725. Joint pilot program for providing graduate medical education and training 
for physicians. 
Sec. 726. Repeal of certain limits on Department of Veterans Affairs resources. 
TITLE VIII—ACQUISITION POUCY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—^Acquisition Policy and Management 
Sec. 801. Buy-to-budget acquisition of end items. 
Sec. 802. Report to Congress on evolutionary acquisition of major defense acquisi-
tion programs. 
Sec. 803. Spiral development under major defense acquisition programs. 
Sec. 804. Improvement of software acquisition processes. 
Sec. 805. Performance goals for procuring services pursuant to multiple award con-
tracts. 
Sec. 806. Rapid acquisition and deployment procedures. 
Sec. 807. Quick-reaction special projects acquisition team. 
Subtitle B—^Amiendments to General Contracting Authorities, Procedures, 
and Limitations 
Sec. 811. Limitation period for task and delivery order contracts. 
Sec. 812. One-year extension of program applying simplified procedures to certain 
commercial items; report. 
Sec. 813. Extension and improvement of personnel demonstration policies and pro-
cedures applicable to the civilian acquisition workforce. 
Sec. 814. Past performance given significant weight in renewal of procurement 
technical assistance cooperative agreements. 
Sec. 815. Increased maximum amount of assistance for tribal organizations or eco-
nomic enterprises carrying out procurement technical assistance pro-
grams in two or more service areas. 
Sec. 816. Extension of contract goal for small disadvantaged businesses and certain 
institutions of higher education. 
Sec. 817. Grants of exceptions to cost or pricing data certification requirements and 
waivers of cost accounting standards. 
Sec. 818. Timing of certification in connection with waiver of survivability and 
lethality testing requirements. 
Sec. 819. Contracting with Federal Prison Industries. 
_ 
Sec. 820. Revisions to multiyear contracting authority. 
Subtitle C—^Acquisition-Related Reports and Other Matters 
Sec. 821. Evaluation of training, knowledge, and resources regarding negotiation of 
intellectual property arrangements. 
Sec. 822. Independent technology readiness assessments. 
Sec. 823. Extension and amendment of requirement for annual report on defense 
commercial pricing management improvement. 
Sec. 824. Assessment of purchases oi products and services through contracts with 
other Federal departments and agencies. 
Sec. 825. Repeal of certain requirements and Comptroller General reviews of the 
requirements. 
Sec. 826. Multiyear procurement authority for purchase of dinitrogen tetroxide, hy-
drazine, and hydrazine-related products. 
Sec. 827. Multiyear procurement authority for environmental services for military 
installations. 
Sec. 828. Report on effects of Army Contracting Agency. 
Sec. 829. Authorization to take actions to correct the industrial resource shortfall 
for radiation-hardened electronics. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Duties and Functions of Department of Defense Officers 
Sec. 901. Under Secretary of Defense for Intelligence. 
116 STAT. 2466 
PUBLIC LAW 107-314—DEC. 2, 2002 
Sec. 902. Reorganization of Office of Secretary of Defense for administration of du-
ties relating to homeland defense and combating terrorism. 
Subtitle B—Space Activities 
Sec. 911. Oversight of acquisition for defense space programs. 
Sec. 912. Report regarding assured access to space for the United States. 
Subtitle C—Reports 
Sec. 921. Report on establishment of United States Northern Command. 
Sec. 922. Time for submittal of report on Quadrennial Defense Review. 
Sec. 923. National defense mission of Coast Guard to be included in future Quad-
rennial Defense Reviews. 
Sec. 924. Report on establishment of a Joint National Training Complex and joint 
opposing forces. 
Subtitle D—Other Matters 
Sec. 931. Authority to accept gifts for National Defense University. 
Sec. 932. Western Hemisphere Institute for Seciuity Cooperation. 
Sec. 933. Conforming amendment to reflect disestaolishment of Department of De-
fense Consequence Management Program Integration Office. 
Sec. 934. Increase in number of Deputy Commandants of the Marine Corps. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Authorization of supplemental appropriations for fiscal year 2002. 
Sec. 1003. United States contribution to NATO common-fiinded budgets in fiscal 
year 2003. 
Sec. 1004. Development and implementation of financial management enterprise 
architecture. 
Sec. 1005. Accountable officials in the Department of Defense. 
Sec. 1006. Uniform standards throughout Department of Defense for exposure of 
personnel to pecuniary liability for loss of Government property. 
Sec. 1007. Improvements in purcnase card management. 
Sec. 1008. Improvements in travel card management. 
Sec. 1009. Clearance of certain transactions recorded in Treasury suspense ac-
counts and resolution of certain check issuance discrepancies. 
Sec. 1010. Authorization of funds for ballistic missile defense programs or com-
bating terrorism programs of the Department of Defense. 
Sec. 1011. Reduction in overall authorization due to inflation savings. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1021. Number of Navy combatant surface vessels in active and reserve service. 
Sec. 1022. Annual long-range plan for the construction of naval vessels. 
Sec. 1023. Assessment of the feasibility of the expedited equipping of a Navy ship 
with a version of the 155-millimeter Advanced Gun System. 
Sec. 1024. Report on initiatives to increase operational days of Navy ships. 
Sec. 1025. Ship combat system industrial base. 
Sec. 1026. Sense of Congress concerning aircraft carrier force structure. 
Sec. 1027. Conveyance, Navy drydock, Portland, Oregon. 
Subtitle C—Strategic Matters 
Sec. 1031. Strategic force structure plan for nuclear weapons and delivery systems. 
Sec. 1032. Annual report on weapons to defeat hardened and deeply buried targets. 
Sec. 1033. Report on effects of nuclear earth-penetrator weapon and other weapons. 
Subtitle D—^Reports 
Sec. 1041. Repeal and modification of various reporting requirements applicable to 
the Department of Defense. 
Sec. 1042. Requirement that Department of Defense reports to Congress be accom-
panied by electronic version. 
Sec. 1043. Annual report on the conduct of military operations conducted as part 
of Operation Enduring Freedom. 
Sec. 1044. Report on efforts to ensure adequacy of fire fighting staffs at military 
installations. 
Sec. 1045. Report on designation of certain Louisiana highway as Defense Access 
Road. 
Subtitle E—Extension of Expiring Authorities 
Sec. 1051. Extension of authority for Secretary of Defense to sell aircraft and air-
craft parts for use in responding to oil spills. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2467 
Sec. 1052. Six-month extension of expiring Govemmentwide information security 
requirements; continued applicability of expiring Govemmentwide infor-
mation security requirements to the Department of Defense. 
Sec. 1053. Two-year extension of authority of the Secretary of Defense to engage 
in commercial activities as security for intelligence collection activities 
abroad. 
Subtitle F—Other Matters 
Sec. 1061. Time for transmittal of annual defense authorization legislative pro-
posal. 
Sec. 1062. Technical and clerical amendments. 
Sec. 1063. Use for law enforcement purposes of DNA samples maintained by De-
partment of Defense for identification of human remains. 
Sec. 1064. Enhanced authority to obtain foreign language services during periods 
of emergency. 
Sec. 1065. Rewards for assistance in combating terrorism. 
Sec. 1066. Provision of space and services to military welfare societies. 
Sec. 1067. Prevention and mitigation of corrosion of military equipment and infra-
structure. 
Sec. 1068. Transfer of historic DF-9E Panther aircraft to Women Airforce Service 
Pilots Museiun. 
Sec. 1069. Increase in amount authorized to be expended for Department of De-
fense program to commemorate 50th anniversary of the Korean War. 
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 
Sec. 1101. Eligibility of Department of Defense nonappropriated fund employees for 
long-term care insurance. 
Sec. 1102. Extension of Department of Defense authority to make lump-sum sever-
ance payments. 
Sec. 1103. Continuation of Federal Employee Health Benefits Program eligibility. 
Sec. 1104. Certification for Department of Defense professional accounting posi-
tions. 
TITLE XII—MATTERS RELATING TO OTHER NATIONS 
Sec. 1201. Authority to provide administrative services and support for coalition li-
aison officers. 
Sec. 1202. Authority to pay for certain travel of defense personnel of countries par-
ticipating in NATO Partnership for Peace program. 
Sec. 1203. Limitation on funding for Joint Data Exchange Center in Moscow. 
Sec. 1204. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 
Sec. 1205. Comprehensive annual report to Congress on coordination and integra-
tion of all United States nonproliferation activities. 
Sec. 1206. Report requirement regarding Russian proliferation to Iran and other 
countries of proliferation concern. 
Sec. 1207. Monitoring of implementation of 1979 agreement between the United 
States and China on cooperation in science and technology. 
Sec. 1208. Extension of certain counterproliferation activities and programs. 
Sec. 1209. Semiannual report by Director of Central Intelligence on contributions 
by foreign persons to efforts by countries of proliferation concern to ob-
tain weapons of mass destruction and their delivery systems. 
Sec. 1210. Report on feasibility and advisability of senior officer exchanges between 
the Armed Forces of the United States and the military forces of Tai-
wan. 
Sec. 1211. Report on United States force structure in the Pacific. 
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Prohibition against use of funds until submission of reports. 
Sec. 1304. Report on use of revenue generated by activities carried out under Coop-
erative Threat Reduction programs. 
Sec. 1305. Prohibition against use of funds for second wing of fissile material stor-
age facility. 
Sec. 1306. Limited waiver of restrictions on use of funds for threat reduction in 
states of the former Soviet Union. 
TITLE XIV—HOMELAND SECURITY 
Sec. 1401. Transfer of technology items and equipment in support of homeland se-
curity. 
116 STAT. 2468 
PUBLIC LAW 107-314—DEC. 2, 2002 
Sec. 1402. Comprehensive plan for improving the preparedness of military installa-
tions for terrorist incidents. 
Sec. 1403. Additional Weapons of Mass Destruction Civil Support Teams. 
Sec. 1404. Report on the role of the Department of Defense in supporting homeland 
security. 
Sec. 1405. Sense of Congress on Department of Defense assistance to local first re-
sponders. 
TITLE XV—AUTHORIZATION OF APPROPRIATIONS FOR THE WAR ON 
TERRORISM 
Sec. 1501. Authorization of appropriations for continued operations for the war on 
terrorism. 
Sec. 1502. Mobilization and personnel. 
Sec. 1503. Operations. 
Sec. 1504. Equipment replacement and enhancement. 
Sec. 1505. Classified activities. 
Sec. 1506. Procurement of munitions. 
Sec. 1507. Discretionary restoration of authorizations of appropriations reduced for 
management efficiencies. 
Sec. 1508. General provisions applicable to transfers. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2002 projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2001 project. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2002 projects. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Authority for use oi military construction funds for construction of public 
road near Aviano Air Base, Italy, to replace road closed for force protec-
tion purposes. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Improvements to military family housing units. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
Sec. 2405. Modification of authority to carry out certain fiscal year 2000 project. 
Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project. 
Sec. 2407. Modification of authority to carry out certain fiscal year 1997 project. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2469 
Sec. 2702. Extension of authorizations of certain fiscal year 2000 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1999 projects. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Lease of military family housing in Korea. 
Sec. 2802. Modification of alternative authority for acquisition and improvement of 
military housing. 
Sec. 2803. Pilot housing privatization authority for acquisition or construction of 
military unaccompanied housing. 
Sec. 2804. Repeal of source requirements for family housing construction overseas. 
Sec. 2805. Availability of energy cost savings realized at military installations. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Agreements to limit encroachments and other constraints on military 
training, testing, and operations. 
Sec. 2812. Conveyance of surplus real property for natural resource conservation 
purposes. 
Sec. 2813. Modification of demonstration program on reduction in long-term facility 
maintenance costs. 
Sec. 2814. Expanded authority to transfer property at military installations to be 
closed to persons who construct or provide military family housing. 
Subtitle C—Land Conveyances 
PART I—ARMY CONVEYANCES 
Sec. 2821. Transfer of jurisdiction. Fort McClellan, Alabama, to establish Mountain 
Longleaf National Wildlife Refuge. 
Sec. 2822. Land conveyances, lands in Alaska no longer required for National 
Guard purposes. 
Sec. 2823. Land conveyance, Simflower Army Ammunition Plant, Kansas. 
Sec. 2824. Land conveyances, Bluegrass Army Depot, Richmond, Kentucky. 
Sec. 2825. Land conveyance. Fort Campbell, Kentucky. 
Sec. 2826. Land conveyance, Army Reserve Training Center, Bufialo, Minnesota. 
Sec. 2827. Land conveyance, Fort Monmouth, New Jersey. 
Sec. 2828. Land conveyance. Fort BHss, Texas. 
Sec. 2829. Land conveyance, Fort Hood, Texas. 
Sec. 2830. Land conveyances, Engineer Proving Ground, Fort Belvoir, Virginia. 
PART II—NAVY CONVEYANCES 
Sec. 2831. Land conveyance, Marine Corps Air Station, Miramar, San Diego, Cali-
fornia. 
Sec. 2832. Modification of authority for land transfer and conveyance, Naval Secu-
rity Group Activity, Winter Harbor, Maine. 
Sec. 2833. Land conveyance, Westover Air Reserve Base, Massachusetts. 
Sec. 2834. Land conveyance, Naval Station, Newport, Rhode Island. 
Sec. 2835. Land exchange and boundary 
adjustments. Marine Corps Base, 
Quantico, and Prince William Forest Park, Virginia. 
PART III—AIR FORCE CONVEYANCES 
Sec. 2841. Modification of land conveyance, Los Angeles Air Force Base, California. 
Sec. 2842. Land exchange, Buckley Air Force Base, Colorado. 
Sec. 2843. Land conveyances, Wendover Air Force Base Auxiliary Field, Nevada. 
Subtitle D—Other Matters 
Sec. 2851. Master plan for use of Navy Annex, Arlington, Virginia. 
Sec. 2852. Sale of excess treated water and wastewater treatment capacity. Marine 
Corps Base, Camp Lejeune, North Carolina. 
Sec. 2853. Conveyance of real property, Adak Naval Complex, Alaska, and related 
land conveyances. 
Sec. 2854. Special requirement for adding military installation to closure list. 
116 STAT. 2470 
PUBLIC LAW 107-314—DEC. 2, 2002 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SE-
CURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3141. Annual assessments and reports to the President and Congress regard-
ing the condition of the United States nuclear weapons stockpile. 
Sec. 3142. Plans for achieving enhanced readiness posture tor resumption by the 
United States of underground nuclear weapons tests. 
Sec. 3143. Requirements for specific request for new or modified nuclear weapons. 
Sec. 3144. Database to track notification and resolution phases of Significant Find-
ing Investigations. 
Sec. 3145. Defense environmental management cleanup reform program. 
Sec. 3146. Limitation on obligation of funds for Robust Nuclear Earth Penetrator 
program pending submission of report. 
Subtitle C—Proliferation Matters 
Sec. 3151. Transfer to National Nuclear Seciuity Administration of Department of 
Defense's Cooperative Threat Reduction program relating to elimination 
of weapons grade plutonium production in Russia. 
Sec. 3152. Repeal of requirement for reports on obligation of funds for programs on 
fissile materials in Russia. 
Sec. 3153. Expansion of annual reports on status of nuclear materials protection, 
control, and accounting programs. 
Sec. 3154. Testing of preparedness for emergencies involving nuclear, radiological, 
chemical, or biological weapons. 
Sec. 3155. Cooperative program on research, development, and demonstration of 
technology regarding nuclear or radiological terrorism. 
Sec. 3156. Matters relating to the International Materials Protection, Control, and 
Accounting program of the Department of Energy. 
Sec. 3157. Accelerated disposition of highly enriched uranitun. 
Sec. 3158. Strengthened international security for nuclear materials and security of 
nuclear operations. 
Sec. 3159. Export control programs. 
Sec. 3160. Plan for accelerated return of weapons-usable nuclear materials. 
Sec. 3161. Sense of Congress on amendment of Convention on Physical Protection 
of Nuclear Materials. 
Sec. 3162. Sense of Congress on program to secure stockpiles of highly enriched 
uranium and plutonium. 
Subtitle D—Other Matters 
Sec. 3171. Indemnification of Department of Energy contractors. 
Sec. 3172. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico. 
Sec. 3173. Worker health and safety rules for Department of Energy nuclear facili-
ties. 
Sec. 3174. Extension of authority to appoint certain scientific, engineering, and 
technical personnel. 
Sec. 3175. One-year extension of panel to assess the reliability, safety, and security 
of the United States nuclear stockpile. 
Sec. 3176. Report on status of environmental management initiatives to accelerate 
the reduction of environmental risks and challenges posed by the legacy 
of the Cold War. 
Subtitle E—Disposition of Weapons-Usable Plutonium at Savannah River, 
South Carolina 
Sec. 3181. Findings. 
Sec. 3182. Disposition of weapons-usable plutonium at Savannah River Site. 
Sec. 3183. Study of facilities for storage of plutonium and plutonium materials at 
Savannah River Site. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2471 
TITLE XXXII—DEFENSE NUCLEAR FACIUTIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Authorized uses of National Defense Stockpile funds. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2003. 
Sec. 3502. Authority to convey vessel USS SPHINX (ARI^24). 
Sec. 3503. Independent analysis of title XI insurance guarantee applications. 
Sec. 3504. Preparation as artificial reefs and scrapping of obsolete vessels. 
TITLE XXXVI—ATOMIC ENERGY DEFENSE PROVISIONS 
Sec. 3601. Short title. 
Subtitle A—[Reserved] 
Subtitle B—Department of Energy National Security Authorizations 
General Provisions 
Sec. 3620. Definitions. 
Sec. 3621. Reprogramming. 
Sec. 3622. Minor construction projects. 
Sec. 3623. Limits on construction projects. 
Sec. 3624. Fund transfer authority. 
Sec. 3625. Conceptual and construction design. 
Sec. 3626. Authority for emergency planning, design, and construction activities. 
Sec. 3627. Scope of authority to carry out plant projects. 
Sec. 3628. Availability of fiinds. 
Sec. 3629. Transfer of defense environmental management funds. 
Sec. 3630. Transfer of weapons activities funds. 
Sec. 3631. Funds available for all national security programs of the Department of 
Energy. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 
For purposes of this Act, the term "congressional defense 
committees" means— 
(1) the Committee on Armed Services and the Committee 
on Appropriations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Appropriations of the House of Representatives. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—^Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. Defense Inspector General. 
Sec. 106. Chemical Agents and Munitions Destruction, Defense. 
Sec. 107. Defense health programs. 
Subtitle B—^Army Programs 
Sec. 111. Pilot program on sales of manufactured articles and services of certain 
Army industrial facilities without regard to availability from domestic 
sources. 
Sec. 112. Report on impact of Army aviation modernization plan on the Army Na-
tional Guard. 
116 STAT. 2472 
PUBLIC LAW 107-314—DEC. 2, 2002 
Sec. 113. Family of Medium Tactical Vehicles. 
Subtitle C—Navy Programs 
Sec. 121. Extension of multiyear procurement authority for DDG—51 class destroy-
ers. 
Sec. 122. Sense of Congress on scope of conversion progrjun for Ticonderoga-class 
cruisers. 
Sec. 123. Continuation of contract for operation of Champion-class T-5 fuel tanker 
vessels. 
Subtitle D—^Air Force Programs 
Sec. 131. Multiyear procurement authority for C-130J aircraft program. 
Sec. 132. Pathfinder programs. 
Sec. 133. Leases for tanker aircraft under multiyear aircraft-lease pilot program. 
Subtitle E—Other Programs 
Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions. 
Sec. 142. Report on unmanned aerial vehicle systems. 
Sec. 143. Global Information Grid system. 
Subtitle A—^Authorization of 
Appropriations 
SEC.lOl.ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 for procurement for the Army as follows: 
(1) For aircraft, $2,186,296,000. 
(2) For missiles, $1,152,299,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$2,276,751,000. 
(4) For ammunition, $1,229,533,000. 
(5) For other procurement, $5,857,814,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2003 for procurement for the Navy as follows: 
(1) For aircraft, $8,979,275,000. 
(2) For 
weapons, including 
missiles 
and 
torpedoes, 
$2,375,349,000. 
(3) For shipbuilding and conversion, $9,111,023,000. 
(4) For other procurement, $4,494,754,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2003 for procurement for the Marine Corps 
in the amount of $1,355,491,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2003 for procurement 
of ammunition for the Navy and the Marine Corps in the amount 
of$l,170,750,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 for procurement for the Air Force as follows: 
(1) For aircraft, $12,676,505,000. 
(2) For missiles, $3,504,139,000. 
(3) For ammunition, $1,290,764,000. 
(4) For other procurement, $10,846,048,000. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2473 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$3,691,604,000. 
SEC. 105. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 for procurement for the Inspector General of the Department 
of Defense in the amount of $2,000,000. 
SEC. 
106. CHEMICAL 
AGENTS 
AND MUNITIONS 
DESTRUCTION, 
DEFENSE. 
There is hereby authorized to be appropriated for fiscal year 
2003 the amount of $1,490,199,000 for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 107. DEFENSE HEALTH PROGRAMS. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 for the Department of Defense for procurement for carrying 
out health care programs, projects, and activities of the Department 
of Defense in the total amount of $278,742,000. 
Subtitle B—^Army Programs 
SEC. 111. PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES 
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILI-
TIES 
WITHOUT 
REGARD 
TO 
AVAILABILITY 
FROM 
DOMESTIC SOURCES. 
(a) EXTENSION OF PROGRAM.—Subsection (a) of section 141 of 
the National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 10 U.S.C. 4543 note) is amended by striking "through 
2002" in the first sentence and inserting "through 2004". 
(b) USE OF OVERHEAD FUNDS MADE SURPLUS BY SALES.—Such 
section is further amended— 
(1) by striking subsection (d); 
(2) by redesignating subsection (c) as subsection (d); and 
(3) by inserting after subsection (b) the following new sub-
section (c): 
"(c) TRANSFER OF CERTAIN SUMS.—For each Army industrial 
facility participating in the pilot program that sells manufactured 
articles and services in a total amount in excess of $20,000,000 
in any fiscal year, the amount equal to one-half of one percent 
of such total amount shall be transferred from the sums in the 
Army Working Capital Fund for unutilized plant capacity to appro-
priations available for the following fiscal year for the demilitariza-
tion of conventional ammunition by the Army.". 
(c) UPDATE OF INSPECTOR GENERAL'S REVIEW.—The Inspector DeadUne. 
General of the Department of Defense shall review the experience Reports. 
under the pilot program carried out under such section 141 and, 10USC4543 
not later than July 1, 2003, submit to Congress a report on the 
results of the review. The report shall contain the views, informa-
tion, and recommendations called for under subsection (d) of such 
116 STAT. 2474 
PUBLIC LAW 107-314—DEC. 2, 2002 
section (as redesignated by subsection (b)(2)). In carrying out the 
review and preparing the report, the Inspector General shall take 
into consideration the report submitted to Congress under such 
subsection (as so redesignated). 
SEC. 112. REPORT ON IMPACT OF ARMY AVIATION MODERNIZATION 
PLAN ON THE ARMY NATIONAL GUARD. 
(a) REPORT BY CHIEF OF THE NATIONAL GUARD BUREAU.— 
The Chief of the National Guard Bureau shall submit to the Chief 
of Staff of the Army a report on the requirements for Army National 
Guard aviation. The report shall include the following: 
(1) An analysis of the impact of the Army Aviation Mod-
ernization Plan on the ability of the Army National Guard 
to conduct its aviation missions. 
(2) The plan under that aviation modernization plan for 
the transfer of aircraft from the active component of the Army 
to the Army reserve components, including a timeline for those 
transfers. 
(3) The progress, as of January 1, 2003, in carrying out 
the transfers under the plan referred to in paragraph (2). 
(4) An evaluation of the suitability and cost effectiveness 
of existing Commercial Off The Shelf light utility helicopters 
for performance of Army National Guard utility aviation mis-
sions. 
(b) COMMENTS AND RECOMMENDATIONS BY CHIEF OF STAFF 
Deadline. 
OF THE ARMY.—^Not later than February 1, 2003, the Chief of 
Staff 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 the report received under subsection (a), together 
with any comments and recommendations that the Chief of Staff 
considers appropriate on the matters covered in the report. 
SEC. 113. FAMILY OF MEDIUM TACTICAL VEfflCLES. 
(a) MuLTiYEAR PROCUREMENT AUTHORITY.—Beginning with the 
fiscal year 2003 program year, the Secretary of the Army may, 
in accordance with section 2306b of title 10, United States Code, 
enter into a multiyear contract for the procurement of vehicles 
under the Family of Medium Tactical Vehicles program, subject 
to subsection (b). 
(b) LIMITATION.—^The Secretary of the Army may not enter 
into a multiyear contract for the procurement of vehicles in the 
Family of Medium Tactical Vehicles authorized by subsection (a) 
until the Secretary submits to the congressional defense committees 
a written certification that— 
(1) all key performance parameters required in the initial 
operational test and evaluation for that program have been 
met; and 
(2) the total cost through the use of such multiyear contract 
of the procurement of the number of vehicles to be procured 
under such contract is at least 10 percent less than the total 
cost of the procurement of the same number of such vehicles 
through the use of successive one-year contracts. 
(c) WAIVER AUTHORITY.—^The Secretary of Defense may waive 
subsection (b)(2) if the Secretary— 
(1) determines that using a multiyear contract for the 
procurement of vehicles under the Family of Medium Tactical 
Vehicles program is in the national security interests of the 
United States; 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2475 
(2) certifies that the Army cannot achieve the savings speci-
fied in subsection (b)(2); and 
(3) submits to the congressional defense committees, in 
writing, a notification of the waiver together with a report 
describing the reasons why the use of a multiyear contract 
for such procurement is in the national security interests of 
the United States and why the Army cannot achieve a 10 
percent savings of the total anticipated costs of carrying out 
the program through a multiyear contract. 
Subtitle C—Navy Programs 
SEC. 121. EXTENSION OF MULTIYEAR PROCUREMENT AUTHORITY FOR 
DDG-51 CLASS DESTROYERS. 
Section 122(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as amended 
by section 122 of Public Law 106-65 (113 Stat. 534) and section 
122(a) of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (as enacted into law by Public Law 106-
398; 114 Stat. 1654A-24), is further amended by striking "October 
1, 2005" in the first sentence and inserting "October 1, 2007". 
SEC. 122. SENSE OF CONGRESS ON SCOPE OF CONVERSION PROGRAM 
FOR TICONDEROGA-CLASS CRUISERS. 
It is the sense of Congress that the Secretary of the Navy 
should maintain the scope of the conversion program for the Ticon-
deroga class of cruisers so that the program— 
(1) covers all 27 ships in that class of cruisers; and 
(2) provides for modernizing each of those ships to include 
an appropriate mix of upgrades to ships' capabilities for theater 
missile defense, naval fire support, and air dominance. 
SEC. 123. CONTINUATION OF CONTRACT FOR OPERATION OF CHAM-
PION-CLASS T-5 FUEL TANKER VESSELS. 
The Department of the Navy contract in effect on the date 
of the enactment of this Act for the operation of five Champion-
class T-5 fuel tanker vessels shall continue in effect with respect 
to the operation of each such vessel until the completion of the 
term of the contract or, if sooner for any such vessel, until the 
vessel is no longer used for purposes of the Military Sealift Com-
mand or any other Navy purpose. 
Subtitle D—^Air Force Programs 
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J AIR-
CRAFT PROGRAM. 
(a) MULTIYEAR AUTHORITY.—^Beginning with the fiscal year 
2003 program year, the Secretary of the Air Force may, in accord-
ance with section 2306b of title 10, United States Code, enter 
into a multiyear contract for procurement of up to 40 C-130J aircraft 
in the CC-130J configuration and up to 24 C-130J aircraft in 
the KC-130J configuration. Notwithstanding subsection (k) of such 
section, such a contract may be for a period of six program years. 
(b) LIMITATION.—The Secretary of the Air Force may not enter 
into a contract authorized by subsection (a) until— 
116 STAT. 2476 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
Records. 
Deadline. 
(1) testing of the CC-130J aircraft for qualification foi 
use in assault operations has been completed by the Air Force 
Flight Test Center; and 
(2) Block 5.3 software upgrades have been installed on 
all C-130J and CC-130J aircraft in the inventory of the Air 
Force. 
SEC. 132. PATHFINDER PROGRAMS. 
(a) PATHFINDER PROGRAMS.—Not later than February 1, 2003, 
the Secretary of the Air Force shall submit to the congressional 
defense committees a list of Air Force programs that the Secretary 
has designated as acquisition reform pathfinder programs (herein-
after in this section referred to as "pathfinder programs"). 
(b) OVERSIGHT OF PATHFINDER PROGRAMS.—The Secretary of 
Defense shall ensure that the Under Secretary of Defense for 
Acquisition, Technology and Logistics, the Director of Operational 
Test and Evaluation, and the Joint Requirements Oversight Council 
maintain oversight over each pathfinder program that qualifies 
as a major defense acquisition program under section 2430 of title 
10, United States Code. 
(c) REPORT ON PATHFINDER PROGRAMS.—(1) Not later than 
March 15, 2003, the Secretary of the Air Force shall submit to 
the congressional defense committees a report on pathfinder pro-
grams. For each such program, the report shall include a description 
of the following: 
(A) The management approach for that program and how 
that approach will result in a disciplined, affordable and well-
managed acquisition program. 
(B) The acquisition strategy for that program and how 
that acquisition strategy responds to approved operational 
requirements. 
(C) The test and evaluation plan for that program and 
how that plan will provide adequate assessment of each path-
finder program. 
(D) The manner in which the acquisition plan for that 
program considers cost, schedule, and technical risk. 
(E) The manner in which any innovative business practices 
developed as a result of participation in the program could 
be applied to other acquisition programs, and any impediments 
to application of such practices to other programs. 
(2) For each such program, the report shall also set forth 
the following: 
(A) The manner in which the Under Secretary of Defense 
for Acquisition, Technology, and Logistics will be involved in 
the development, oversight, and approval of the program's 
management approach, acquisition strategy, and acquisition 
approach. 
(B) The manner in which the Director of Operational Test 
and Evaluation will be involved in the development, oversight, 
and approval of the program's test and evaluation plan. 
(C) The manner in which an independent cost estimate 
for the program will be developed by the Office of the Secretary 
of Defense. 
(d) APPLICABILITY OF SPIRAL DEVELOPMENT SECTION.—Nothing 
in this section shall be construed to exempt any pathfinder program 
from the application of any provision of section 803(c). 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2477 
SEC. 133. LEASES FOR TANKER AIRCRAFT UNDER MULTIYEAR AIR- 
10 USC 2401a 
CRAFT-LEASE PILOT PROGRAM. 
note 
The Secretary of the Air Force may not enter into a lease 
for the acquisition of tanker aircraft for the Air Force under section 
8159 of the Department of Defense Appropriations Act, 2002 (divi-
sion A of Public Law 107-117; 115 Stat. 2284; 10 U.S.C. 2401a 
note) until— 
(1) the Secretary submits the report specified in subsection 
(c)(6) of such section; and 
(2) either— 
(A) authorization and appropriation of funds necessary 
to enter into such lease are provided by law; or 
(B) a new start reprogramming notification for the 
funds necessary to enter into such lease has been submitted 
in accordance with established procedures. 
Subtitle E—Other Programs 
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEM- 
50 USC 1521a. 
ICAL AGENTS AND MUNITIONS. 
(a) PROGRAM MANAGEMENT.—^The Secretary of Defense shall 
ensure that the program for destruction of the United States stock-
pile of lethal chemical agents and munitions is managed as a 
major defense acquisition program (as defined in section 2430 of 
title 10, United States Code) in accordance with the essential ele-
ments of such programs as may be determined by the Secretary. 
(b) REQUIREMENT FOR UNDER SECRETARY OF DEFENSE (COMP-
TROLLER) ANNUAL CERTIFICATION.—Beginning with respect to the 
budget request for fiscal year 2004, the Under Secretary of Defense 
(Comptroller) shall submit to the congressional defense committees 
on an annual basis a certification that the budget request for 
the chemical agents and munitions destruction program has been 
submitted in accordance with the requirements of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521). 
SEC. 142. REPORT ON UNMANNED AERIAL VEHICLE SYSTEMS. 
(a) REPORT.—Not later than January 1, 2003, the Secretary Deadline, 
of Defense shall submit to Congress a report on unmanned aerial 
vehicle systems of the Department of Defense. 
(b) MATTERS TO BE INCLUDED CONCERNING UNMANNED AERIAL 
VEHICLE SYSTEMS.—^The Secretary shall include in the report under 
subsection (a) the following, shown for each system referred to 
in that subsection: 
(1) A description of the infrastructure that the Department 
of Defense has (or is planning) for the system. 
(2) A description of the operational requirements document 
(ORD) for the system. 
(3) A description of the physical infrastructure of the 
Department for training and basing. 
(4) A description of the manner in which the Department 
is interfacing with the industrial base. 
(5) A description of the acquisition plan for the system. 
(6) A description of the process by which the Department 
will ensure that any unmanned aerial vehicle program pro-
ceeding past the science and technology stage does so only 
116 STAT. 2478 
PUBLIC LAW 107-314—DEC. 2, 2002 
as part of an integrated, overall Office of the Secretary of 
Defense strategy for acquisition of unmanned aerial vehicles, 
such as that provided in the approved Office of the Secretary 
of Defense unmanned aerial vehicle roadmap. 
(c) SUGGESTIONS FOR CHANGES IN LAW.—The Secretary shall 
also include in the report under subsection (a) such suggestions 
as the Secretary considers appropriate for changes in law that 
would facilitate the way the Department acquires unmanned aerial 
vehicle systems. 
SEC. 143. GLOBAL INFORMATION GRID SYSTEM. 
None of the funds authorized to be appropriated by this Act 
for the Department of Defense system known as the Global Informa-
tion Grid may be obligated until the Secretary of Defense submits 
to the congressional defense committees a plan to provide that, 
as part of the bandwidth expansion efforts for the system, the 
system will be designed and configured so as to ensure that informa-
tion transmitted within the system is secure and protected from 
unauthorized access. 
TITLE II-~-RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—^Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Sec. 203. Defense health programs. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. RAH-66 Comanche aircraft program. 
Sec. 212. Extension of requirements relating to management responsibility for 
naval mine countermeasures programs. 
Sec. 213. Revised requirements for plan for Manufactiuing Technology Program. 
Sec. 214. Advanced SEAL Delivery System. 
Sec. 215. Army experimentation program regarding design of the objective force. 
Sec. 216. Program to provide Army with self-propelled Future CTombat Systems 
non-line-of-sight cannon indirect fire capability for the objective force. 
Sec. 217. Prohibition on transfer of Medical Free Electron Laser program. 
Sec. 218. Littoral combat ship program. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Report requirements relating to ballistic missile defense programs. 
Sec. 222. Responsibility of Missile Defense Agency for research, development, test, 
and evaluation related to system improvements of programs transferred 
to military departments. 
Sec. 223. Limitation on obligation of funds for Theater High Altitude Area Defense 
Program pending submission of required life-cycle cost information. 
Sec. 224. Provision of information on flight testing of Ground-based Midcourse Na-
tional Missile Defense system. 
Sec. 225. References to new name for Ballistic Missile Defense Organization. 
Sec. 226. One-year limitation on use of funds for nuclear armed interceptors. 
Subtitle D—Improved Management of Department of Defense Test and 
Evaluation Facilities 
Sec. 231. Department of Defense Test Resource Management Center. 
Sec. 232. Objective for institutional funding of test and evaluation facilities. 
Sec. 233. Uniform financial management system for Department of Defense test 
and evaluation facilities. 
Sec. 234. Test and evaluation workforce improvements. 
Sec. 235. Compliance with testing requirements. 
Subtitle E—Other Matters 
Sec. 241. Pilot programs for revitalizing Department of Defense laboratories. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2479 
Sec. 242. Technology Transition Initiative. 
Sec. 243. Defense Acquisition Challenge Program. 
Sec. 244. Encouragement of small businesses and nontraditional defense contrac-
tors to submit proposals potentially beneficial for combating terrorism. 
Sec. 245. Vehicle fuel cell program. 
Sec. 246. Defense nanotechnology research and development program. 
Sec. 247. Activities of the Defense Experimental Program to Stimulate Competitive 
Research. 
Sec. 248. Four-year extension of authority of DARPA to award prizes for advanced 
technology achievements and additional authority of military depart-
ments and Defense Agencies to award prizes for achievements in pro-
moting education. 
Sec. 249. Plan for five-year program for enhancement of measurement and signa-
tures intelligence capabilities of the United States through incorporation 
of results of basic research on sensors. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $7,158,256,000. 
(2) For the Navy, $13,244,164,000. 
(3) For the Air Force, $18,337,078 000. 
(4) For Defense-wide activities, $17,970,653,000, of which 
$311,554,000 is authorized for the Director of Operational Test 
and Evaluation. 
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 
(a) FISCAL YEAR 2003.—Of the amounts authorized to be appro-
priated by section 201, $10,384,658,000 shall be available for the 
Defense Science and Technology Program, including basic research, 
applied research, and advanced technology development projects. 
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the 
term "basic research, applied research, and advanced technology 
development" means work funded in program elements for defense 
research and development under Department of Defense category 
6.1, 6.2, or 6.3. 
SEC. 
203. 
DEFENSE 
HEALTH 
PROGRAMS. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 for the Department of Defense for research, development, 
test, and evaluation for carrying out health care programs, projects, 
and activities of the Department of Defense in the total amount 
of $67,214,000. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. RAH-66 COMANCHE AIRCRAFT PROGRAM. 
(a) REPORTS REQUIRED.—Not later than the end of each fiscal Deadline, 
quarter of fiscal year 2003, the Secretary of the Army shall submit Reports, 
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report 
116 STAT. 2480 
PUBLIC LAW 107-314—DEC. 2, 2002 
on the progress of the restructured engineering and manufacturing 
development phase of the RAH-66 Comanche aircraft program. 
(b) CONTENT.—^The report shall include, at a minimum, the 
information relating to the program that the program manager 
provides to the Assistant Secretary of the Army for Acquisition, 
Logistics, and Technology with respect to— 
(1) cost, including funding and contracts; 
(2) schedule; 
(3) performance; 
(4) which goals are being met and which are not being 
met; 
(5) milestones events accomplished; and 
(6) significant events accomplished. 
SEC. 212. EXTENSION OF REQUIREMENTS RELATING TO MANAGEMENT 
RESPONSIBIUTY FOR NAVAL MINE COUNTERMEASURES 
PROGRAMS. 
(a) IN GENERAL.—Section 216 of the National 
Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190; 105 Stat. 1317), as most recently amended by section 
211 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1946), is 
amended— 
(1) in subsection (a), by striking "through 2003" and 
inserting "through 2008"; 
(2) in subsection (b)— 
(A) by striking "and" at the end of paragraph (2); 
(B) by redesignating paragraph (3) as paragraph (4); 
and 
(C) by inserting after paragraph (2) the following new 
paragraph: 
"(3) the responsibilities of the Joint Requirements Over-
sight Council under subsections (b) and (d) of section 181 of 
title 10, United States Code, have been carried out with respect 
to the updated mine countermeasures master plan, the budget 
resources for mine countermeasures for that fiscal year, and 
the future years defense program for mine countermeasures; 
and"; and 
(3) by adding at the end the following new subsection: 
"(c) NOTIFICATION OF PROPOSED CHANGES.—^Upon certifying 
under subsection (b) with respect to a fiscal year, the Secretary 
may not carry out any change to the naval mine countermeasures 
master plan or the budget resources for mine countermeasures 
with respect to that fiscal year until after the Under Secretary 
of Defense for Acquisition, Technology, and Logistics submits to 
the congressional defense committees a notification of the proposed 
change. Such notification shall describe the nature of the proposed 
change, the effect of the proposed change on the naval mine counter-
measures program or related programs with respect to that fiscal 
year, and the effect of the proposed change on the validity of 
the decision to certify under subsection (b) with respect to that 
fiscal year.". 
(b) 
TECHNICAL 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (a), by striking "Under Secretary of 
Defense for Acquisition and Technology" and inserting "Under 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2481 
Secretary of Defense for Acquisition, Technology, and Logistics"; 
and 
(2) in subsection (b)(2)— 
(A) by striking "multiyear" and inserting 
"future 
years"; and 
(B) by striking "section 114a" and inserting "section 
221". 
SEC. 213. REVISED REQUIREMENTS FOR PLAN FOR MANUFACTURING 
TECHNOLOGY PROGRAM. 
(a) STREAMLINED CONTENTS OF PLAN.—Subsection (e) of section 
2521 of title 10, United States Code, is amended by striking "pre-
pare a five-year plEin" in paragraph (1) and all that follows through 
the end of subparagraph (B) of paragraph (2) and inserting the 
following: "prepare and maintain a five-year plan for the program. 
"(2) The plan shall establish the following: 
"(A) The overall manufacturing technology objectives, mile-
stones, priorities, and investment strategy for the program. 
"(B) The specific objectives of, and funding for the program 
by, each military department and each Defense Agency partici-
pating in the program.". 
(b) BIENNIAL REPORT.—Such subsection is further amended 
in paragraph (3)— 
(1) by striking "annually" and inserting "biennially; and 
(2) by striking "for a fiscal year" and inserting "for each 
even-numbered fiscal year". 
SEC. 214. ADVANCED SEAL DELIVERY SYSTEM. 
(a) TRANSFER OF FUNDS.—^To the extent provided in appropria-
tions Acts, the amount described in subsection (b) shall be trans-
ferred to amounts available for fiscal year 2003 for research, 
development, test, and evaluation, Defense-Wide, and shall be avail-
able only for research, development, test, and evaluation relating 
to the Advanced SEAL Delivery System. 
(b) AMOUNT TO BE TRANSFERRED.—^The amount referred to 
in subsection (a) is the amount of $13,700,000 that was authorized 
and appropriated for fiscal year 2002 for procurement of the 
Advanced SEAL Delivery System within amounts for Procurement, 
Defense-Wide. 
(c) TRANSFER AUTHORITY IN ADDITION TO OTHER AUTHORITY.— 
The transfer authority provided by this section is in addition to 
any other transfer authority provided by law. 
SEC. 215. ARMY EXPERIMENTATION PROGRAM REGARDING DESIGN 
OF THE OBJECTIVE FORCE. 
(a) REQUIREMENT FOR REPORT.—Not later than March 31, 2003, Deadline, 
the Secretary of the Army shall submit to Congress a report on 
the experimentation program regarding design of the objective force 
that is required by subsection (g) of section 113 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001, 
as added by section 113 of the National Defense Authorization 
Act for Fiscal Year 2002 (PubHc Law 107-107; 115 Stat. 1029). 
(b) BUDGET DISPLAY.—^Amounts provided for the experimen-
tation program in the budget for fiscal year 2004 that is submitted 
to Congress under section 1105(a) of title 31, United States Code, 
shall be displayed as a distinct program element in that budget 
and in the supporting documentation submitted to Congress by 
the Secretary of Defense. 
116 STAT. 2482 
PUBLIC LAW 107-314—DEC. 2, 2002 
SEC. 216. PROGRAM TO PROVIDE ARMY WITH SELF-PROPELLED 
FUTURE COMBAT SYSTEMS NON-LINE-OF-SIGHT CA>fNON 
INDIRECT FIRE CAPABILITY FOR THE OBJECTIVE FORCE. 
Deadline. 
(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry 
out a program to provide the Army, not later than fiscal year 
2008, with a self-propelled Future Combat Systems non-line-of-
sight cannon indirect fire capability to equip the objective force. 
(b) REPORT.—(1) The Secretary shall submit to the congres-
sional defense committees, at the same time that the President 
submits the budget for a fiscal year referred to in paragraph (2) 
to Congress under section 1105(a) of title 31, United States Code, 
a report on the investments proposed to be made with respect 
to non-line-of-sight indirect fire programs for the Army. The report 
shall— 
(A) identify the amount proposed for expenditures for the 
Crusader artillery system program for that fiscal year in the 
future-years defense program that was submitted to Congress 
in 2002 under section 221 of title 10, United States Code; 
and 
(B) specify— 
(i) the manner in which the amount provided in that 
budget would be expended for improved non-line-of-sight 
indirect fire capabilities for the Army; and 
(ii) the extent to which expending such amount in 
such manner would improve such capabilities for the Army. 
Applicability. 
(2) The requirement to submit a report under paragraph (1) 
shall apply with respect to budgets for fiscal years 2004, 2005, 
2006, 2007, and 2008. 
(c) OBJECTIVE FORCE DEFINED.—In this section, the term "objec-
tive force" has the meaning given such term in section 113(0(2) 
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-24). 
(d) FUNDING.—Of the amount authorized to be appropriated 
by section 201(1) for the Army for research, development, test, 
and evaluation, $368,500,000 shall be used only to develop and 
field a self-propelled Future Combat Systems non-line-of-sight 
cannon indirect fire artillery system and a resupply vehicle with 
respect to such system. 
SEC. 217. PROHIBITION ON TRANSFER OF MEDICAL FREE ELECTRON 
LASER PROGRAM. 
The Medical Free Electron Laser Program (PE 0602227D8Z) 
may not be transferred from the Department of Defense to the 
National Institutes of Health, or to any other department or agency 
of the Federal Government. 
SEC. 218. LITTORAL COMBAT SHIP PROGRAM. 
(a) AMOUNT FOR PROGRAM.—Of the amount authorized to be 
appropriated by section 201(2) for research, development, test, and 
evaluation. Navy, $4,000,000 may be available in program element 
0603563N, relating to Ship Concept Advanced Design, for require-
ments development for the littoral combat ship. 
(b) LIMITATION ON OBLIGATION OF FUNDS.—The Secretary of 
the Navy may not obligate any funds for the construction of a 
littoral combat ship until after the Secretary submits the report 
required by subsection (c). 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2483 
(c) REPORT ON MILESTONE A PLAN AND SCHEDULE.—(1) 
The 
Secretary of the Navy shall submit to the congressional defense 
committees, at the same time that the President submits the budget 
for fiscal year 2004 to Congress under section 1105(a) of title 
31, United States Code, a report on development of the littoral 
combat ship. 
(2) The report shall address the plan and schedule for fulfilling 
the requirements of Department of Defense Instruction 5000-series 
for a major defense acquisition Milestone A decision for initiation 
of concept and technology development for the littoral combat ship, 
including the following such requirements: 
(A) Consideration of technology issues. 
(B) Market research. 
(C) Validated mission need statement. 
(D) Analysis of multiple concepts. 
(E) Test and evaluation master plan (evaluation strategy 
only). 
(F) Exit criteria. 
(G) Acquisition decision memorandum. 
(3) The report shall include a discussion of the Secretary's 
acquisition strategy for development of the littoral combat ship. 
(d) REQUIREMENTS FOR ACQUISITION STRATEGY.—The Secretary 
shall ensure that the acquisition strategy for development of the 
littoral combat ship includes the following: 
(1) A concept and technology demonstration phase that 
is robust and, in a manner and on a schedule that will inform 
the Navy's decisions on the concepts, technologies, and capabili-
ties to be incorporated into the initial design of the littoral 
combat ship and into follow-on designs, capitalizes upon ongoing 
and planned experiments, demonstrations, and evaluations of— 
(A) existing, prototype, and experimental hull forms 
and platforms, including the hull forms and platforms 
relating to— 
(i) the Coastal Waters Interdiction Platform; 
(ii) the Hybrid Deep Vee Demonstrator; 
(iii) the Littoral Support Craft (Experimental); 
(iv) the High Speed Vessel; 
(v) surface effects ships; 
(vi) Research Vessel Triton; 
(vii) the SLICE ship; 
(viii) other existing, protot3T)e, and experimental 
craft that the Secretary considers to be appropriate; 
and 
(ix) other existing ships capable of carrying the 
desired payload packages; 
(B) ship and combat systems components; 
(C) command, control, and communications systems; 
(D) intelligence, surveillance, and reconnaissance sys-
tems; 
(E) weapons systems; and 
(F) support systems. 
(2) A description of the experiments, demonstrations, and 
evaluations that are needed for support of design and develop-
ment decisionmaking for mission modules to be employed on 
the littoral combat ship, including the mission modules for— 
(A) anti-submarine warfare; 
(B) mine countermeasures; 
116 STAT. 2484 
PUBLIC LAW 107-314—DEC. 2, 2002 
(C) anti-ship defense; and 
(D) any other missions that may be envisioned for 
the ship. 
(3) An identification of the experiments, demonstrations, 
and evaluations that would need to be accomplished during 
the concept and technology demonstration phase and those 
that would need to be accomplished during the system develop-
ment and demonstration phase (after a major defense acquisi-
tion Milestone B decision to enter that phase). 
(4) A description of the potential trade-offs between pro-
gram requirements and capabilities, and the methodology 
(including life cycle cost as an independent variable, speed 
as an independent variable, and other applicable program 
attributes), needed to arrive at a design for a littoral combat 
ship that can be approved (pursuant to a major defense acquisi-
tion Milestone B decision) for entry into the system development 
and demonstration phase. 
(5) An analysis of the adequacy of existing and planned 
platforms to test the littoral ship concept prior to construction 
of a littoral combat ship. 
Subtitle C—^Ballistic Missile Defense 
10 use 2431 
SEC. 221. REPORT REQUIREMENTS RELATING TO BALLISTIC MISSILE 
note. 
DEFENSE PROGRAMS. 
(a) ANNUAL SUBMISSION OF CURRENT PERFORMANCE GOALS AND 
DEVELOPMENT BASELINES.—(1) The Secretary of Defense shall 
submit to the congressional defense committees each year the 
performance goals and development baselines— 
(A) for those ballistic missile defense systems under 
development by the Missile Defense Agency that could be 
fielded; and 
(B) for any other ballistic missile defense program or project 
that has been designated by Congress as a special interest 
item. 
(2) Such performance goals and development baselines shall 
be provided for each block of each such system. 
(3) The performance goals and development baselines under 
paragraph (1) shall be included annually with the defense budget 
justification materials submitted in support of the President's 
budget submitted to Congress under section 1105 of title 31, United 
States Code. 
(b) RDT&E BUDGET JUSTIFICATION MATERIALS.—^The budget 
justification materials submitted to Congress for any fiscal year 
in support of a request for the authorization and appropriation 
of funds for research, development, test, and evaluation for ballistic 
missile defense systems shall include a funding profile for each 
block of each such system that could be fielded that reflects the 
development baseline submitted pursuant to subsection (a) for that 
fiscal year. 
(c) REVIEW OF M D A CRITERIA IN RELATION TO MILITARY 
REQUIREMENTS.—(1) The Joint Requirements Oversight Council 
established under section 181 of title 10, United States Code, shall 
review cost, schedule, and performance criteria for missile defense 
programs of the Missile Defense Agency in order to assess the 
validity of those criteria in relation to military requirements. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2485 
(2) The Secretary shall include the results of such review with 
the first annual statement of program goals submitted to the 
congressional defense committees under section 232(c) of the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 10 U.S.C. 2431 note) after the date of the enactment 
of this Act. 
SEC. 222. RESPONSIBILITY OF MISSILE DEFENSE AGENCY FOR 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
RELATED TO SYSTEM IMPROVEMENTS OF PROGRAMS 
TRANSFERRED TO MILITARY DEPARTMENTS. 
Section 224(e) of title 10, United States Code, is amended— 
(1) by striking "before a" and inserting "for each"; 
(2) by striking "is"; and 
(3) by striking "roles and responsibilities" and all that 
follows through the period at the end and inserting "responsi-
bility for research, development, test, and evaluation related 
to system improvements for that program remains with the 
Director.". 
SEC. 223. LIMITATION ON OBLIGATION OF FUNDS FOR THEATER HIGH 
ALTITUDE AREA DEFENSE PROGRAM PENDING SUBMIS-
SION OF REQUIRED LIFE-CYCLE COST INFORMATION. 
(a) LIMITATION PENDING SUBMISSION OF CERTIFICATION.—Not 
more than 85 percent of the amount specified in subsection (b) 
may be obligated until the Secretary of Defense submits to the 
congressional defense committees the estimated total life-cycle cost 
of the Theater High Altitude Area Defense (THAAD) program as 
required for programs in engineering and manufacturing develop-
ment by section 232(d) of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note). 
(b) FUNDS SUBJECT TO LIMITATION.—Subsection (a) applies to AppUcabiUty. 
the amount authorized to be appropriated for fiscal year 2003 
for the Missile Defense Agency for the Theater High Altitude Area 
Defense (THAAD) program. 
SEC. 224. PROVISION OF INFORMATION ON FLIGHT TESTING OF 
10 USC 2431 
GROUND-BASED 
MIDCOURSE 
NATIONAL 
MISSILE 
note. 
DEFENSE SYSTEM. 
(a) 
INFORMATION 
TO 
B E FURNISHED 
TO 
CONGRESSIONAL 
COMMITTEES.—The Director of the Missile Defense Agency shall 
provide to the congressional defense committees information on 
the results of each flight test of the Ground-based Midcourse 
national missile defense system. 
(b) CONTENT.—Information provided under subsection (a) on 
the results of a flight test shall include the following matters: 
(1) A thorough discussion of the content and objectives 
of the test. 
(2) For each such test objective, a statement regarding 
whether or not the objective was achieved. 
(3) For any such test objective not achieved— 
(A) a thorough discussion describing the reasons that 
the objective was not achieved; and 
(B) a discussion of any plans for future tests to achieve 
that objective. 
116 STAT. 2486 
PUBLIC LAW 107-314—DEC. 2, 2002 
SEC. 225. REFERENCES TO NEW NAME FOR BALUSTIC MISSILE 
DEFENSE ORGANIZATION. 
10 use 223 note. 
(a) IN GENERAL.—^Any reference to the Ballistic Missile Defense 
Organization in any provision of law, regulation, map, document, 
record, or other paper of the United States shall be considered 
to be a reference to the Missile Defense Agency. 
(b) CONFORMING AMENDMENTS.—(1) Title 10, United States 
Code, is amended as follows: 
(A) Sections 203, 223, and 224 are each amended by 
striking "Ballistic Missile Defense Organization" each place 
it appears and inserting "Missile Defense Agency". 
(B)(i) The heading for section 203 is amended to read 
as follows: 
"§ 203. Director of Missile Defense Agency". 
(ii) The item relating to section 203 in the table of sections 
at the beginning of subchapter II of chapter 8 is amended 
to read as follows: 
"203. Director of Missile Defense Agency.". 
(2) The National Defense Authorization Act for Fiscal Year 
2002 (Public Law 107-107) is amended as follows: 
(A) Sections 232 (115 Stat. 1037; 10 U.S.C. 2431 note), 
233 (115 Stat. 1039), and 235 (115 Stat. 1041) are each amended 
by striking "Ballistic Missile Defense Organization" each place 
it appears and inserting "Missile Defense Agency. 
(B) The heading for section 232 is amended to read as 
follows: 
"SEC. 232. PROGRAM ELEMENTS FOR MISSILE DEFENSE AGENCY.". 
(3) Section 3132 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-455; 10 U.S.C. 2431 note) 
is amended— 
(A) by striking "Ballistic Missile Defense Organization" 
each place it appears and inserting "Missile Defense Agency"; 
(B) in subsection (c), by striking "BMDO" and inserting 
"MDA"; and 
(C) by amending the heading to read as follows: 
"SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR 
SECURITY ADMINISTRATION AND MISSILE DEFENSE 
AGENCY.". 
(4) The following provisions are each amended by striking "Bal-
listic Missile Defense Organization" each place it appears and 
inserting "Missile Defense Agency": 
(A) Section 233 of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 223 note). 
(B) Section 243 of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2431 
note). 
SEC. 226. ONE-YEAR LIMITATION ON USE OF FUNDS FOR NUCLEAR 
ARMED INTERCEPTORS. 
(a) LIMITATION.—None of the funds described in subsection 
(b) may be obligated for research, development, test, or evaluation, 
or for procurement, of a nuclear armed interceptor as a component 
of a missile defense system. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2487 
(b) COVERED FUNDS.—Subsection (a) applies to funds made Applicability. 
available to the Department of Defense pursuant to an authorization 
of appropriations in this title or title I or to the Department of 
Energy pursuant to an authorization of appropriations in title XXXI. 
Subtitle D—Improved Management of De-
partment of Defense Test and Evaluation 
Facilities 
SEC. 231. DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT 
CENTER. 
(a) ESTABLISHMENT.—(1) Subchapter I of chapter 8 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
"§ 196. Department of Defense Test Resource Management 
Center 
"(a) 
ESTABLISHMENT AS DEPARTMENT 
OF DEFENSE 
FIELD 
ACTIVITY.—^The Secretary of Defense shall establish within the 
Department of Defense under section 191 of this title a Department 
of Defense Test Resource Management Center (hereinafter in this 
section referred to as the 'Center*). The Secretary shall designate 
the Center as a Department of Defense Field Activity. 
"(b) DIRECTOR AND DEPUTY DIRECTOR.—(1) At the head of the 
Center shall be a Director, selected by the Secretary from among 
commissioned officers of the armed forces on active duty. The 
Director, while so serving, holds the grade of lieutenant general 
or, in the case of an officer of the Navy, vice admiral. 
"(2) There shall be a Deputy Director of the Center, selected 
by the Secretary from among senior civilian officers and employees 
of the Department of Defense who have substantial experience 
in the field of test and evaluation. The Deputy Director shall act 
for, and exercise the powers of, the Director when the Director 
is disabled or the position of Director is vacant. 
"(c) DUTIES OF DIRECTOR.—^The Director shall have the fol-
lowing duties: 
"(1) To review and provide oversight of proposed Depart-
ment of Defense budgets and expenditures for— 
"(A) the test and evaluation facilities and resources 
of the Major Range and Test Facility Base of the Depart-
ment of Defense; and 
"(B) all other test and evaluation facilities and 
resources within and outside of the Department of Defense. 
"(2) To complete and maintain the strategic plan required 
by subsection (d). 
"(3) To review proposed budgets under subsection (e) and 
submit reports and certifications required by such subsection. 
"(4) To administer the Central Test and Evaluation Invest-
ment Program and the program of the Department of Defense 
for test and evaluation science and technology. 
"(d) STRATEGIC PLAN FOR DEPARTMENT OF DEFENSE TEST AND 
EVALUATION RESOURCES.—(1) Not less often than once every two 
fiscal years, the Director, in coordination with the Director of Oper-
ational Test and Evaluation, the Secretaries of the military depart-
ments, and the heads of Defense Agencies with test and evaluation 
116 STAT. 2488 
PUBLIC LAW 107-314—DEC. 2, 2002 
Reports. 
Deadline. 
Reports. 
Deadline. 
Reports. 
responsibilities, shall complete a strategic plan reflecting the needs 
of the Department of Defense with respect to test and evaluation 
facilities and resources. Each such strategic plan shall cover the 
period of ten fiscal years beginning with the fiscal year in which 
the plan is submitted under paragraph (3). The strategic plan 
shall be based on a comprehensive review of the test and evaluation 
requirements of the Department and the adequacy of the test and 
evaluation facilities and resources of the Department to meet those 
requirements. 
"(2) The strategic plan shall include the following: 
"(A) An assessment of the test and evaluation requirements 
of the Department for the period covered by the plan. 
"(B) An identification of performance measures associated 
with the successful achievement of test and evaluation objec-
tives for the period covered by the plan. 
"(C) An assessment of the test and evaluation facilities 
and resources that will be needed to meet such requirements 
and satisfy such performance measures. 
"(D) An assessment of the current state of the test and 
evaluation facilities and resources of the Department. 
"(E) An itemization of acquisitions, upgrades, and improve-
ments necessary to ensure that the test and evaluation facilities 
and resources of the Department are adequate to meet such 
requirements and satisfy such performance measures. 
"(F) An assessment of the budgetary resources necessary 
to implement such acquisitions, upgrades, and improvements. 
"(3) Upon completing a strategic plan under paragraph (1), 
the Director shall submit to the Secretary of Defense a report 
on that plan. The report shall include the plan and a description 
of the review on which the plan is based. 
"(4) Not later than 60 days after the date on which the report 
is submitted under paragraph (3), the Secretary of Defense shall 
transmit to the Committee on Armed Services and Committee on 
Appropriations of the Senate and the Committee on Armed Services 
and Committee on Appropriations of the House of Representatives 
the report, together with any comments with respect to the report 
that the Secretary considers appropriate. 
"(e) CERTIFICATION OF BUDGETS.—(1) The Secretary of Defense, 
acting through the Under Secretary of Defense (Comptroller), shall 
require that the Secretary of each military department, the Director 
of Operational Test and Evaluation, and the head of each Defense 
Agency with test and evaluation responsibilities transmit such Sec-
retary's, Director's, or head's proposed budget for test and evalua-
tion activities for a fiscal year to the Director of the Center for 
review under paragraph (2) before submitting such proposed budget 
to the Under Secretary of Defense (Comptroller). 
"(2)(A) The Director of the Center shall review each proposed 
budget transmitted under paragraph (1) and shall, not later than 
January 31 of the year preceding the fiscal year for which such 
budgets are proposed, submit to the Secretary of Defense a report 
containing the comments of the Director with respect to all such 
proposed budgets, together with the certification of the Director 
as to whether such proposed budgets are adequate. 
"(B) The Director shall also submit, together with such report 
and such certification, an additional certification as to whether 
such proposed budgets provide balanced support for such strategic 
plan. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2489 
"(3) The Secretary of Defense shall, not later than March 31 
of the year preceding the fiscal year for which such budgets are 
proposeid, submit to Congress a report on those proposed budgets 
which the Director has not certified under paragraph (2)(A) to 
be adequate. The report shall include the following matters: 
"(A) A discussion of the actions that the Secretary proposes 
to take, together with any recommended legislation that the 
Secretary considers appropriate, to address the inadequacy of 
the proposed budgets. 
"(B) Any additional comments that the Secretary considers 
appropriate regarding the inadequacy of the proposed budgets. 
"(f) 
SUPERVISION OF DIRECTOR BY UNDER SECRETARY.—The 
Director of the Center shall be subject to the supervision of the 
Under Secretary of Defense for Acquisition, Technology, and Logis-
tics. The Director shall report directly to the Under Secretary, 
without the interposition of any other supervising official. 
"(g) ADMINISTRATIVE SUPPORT OF CENTER.—The Secretary of 
Defense shall provide the Director with administrative support 
adequate for carrying out the Director's responsibilities under this 
section. The Secretary shall provide the support out of the head-
quarters activities of the Department or any other activities that 
the Secretary considers appropriate. 
"(h) DEFINITION.—In this section, the term 'Major Range and 
Test Facility Base' means the test and evaluation facilities and 
resources that are designated by the Director of Operational Test 
and Evaluation as facilities and resources comprising the Major 
Range and Test Facility Base.". 
(2) The table of sections at the beginning of such subchapter 
is amended by adding at the end the following new item: 
"196. Department of Defense Test Resource Management Center.". 
(b) FIRST STRATEGIC PLAN.—^The first strategic plan required 
to be completed under subsection (d)(1) of section 196 of title 10, 
United States Code (as added by subsection (a)), shall be completed 
not later than six months after the date of the enactment of this 
Act. 
(c) ADMINISTRATION OF C T E I P AND D O D T&E S&T PROGRAMS.— 
The duty of the Director of the Department of Defense Test Resource 
Management Center to administer the programs specified in sub-
section (c)(4) of section 196 of title 10, United States Code (as 
added by subsection (a)), shall take effect, and such programs 
shall be placed under control of such Director, upon the beginning 
of the first fiscal year that begins after the report on the first 
strategic plan referred to subsection (b) is transmitted to the 
congressional committees required by subsection (d)(4) of such sec-
tion 196. 
SEC. 232. OBJECTIVE FOR INSTITUTIONAL FUNDING OF TEST AND 
EVALUATION FACILITIES. 
(a) FUNDING OBJECTIVE.—The Secretary of Defense shall estab-
lish the objective of ensuring that, by fiscal year 2006— 
(1) the institutional and overhead costs of a facility or 
resource of a military department or Defense Agency that is 
within the Major Range and Test Facility Base are fully funded 
through the major test and evaluation investment accounts 
of the military department or Defense Agency, the account 
of the Central Test and Evaluation Investment Program of 
Deadline. 
Reports. 
Deadline. 
10 u s e 196 note. 
116 STAT. 2490 
PUBLIC LAW 107-314—DEC. 2, 2002 
the Department of Defense, and other appropriate accounts 
of the military department or Defense Agency; and 
(2) the charge to an element of the Department of Defense 
for a use by that element of such a facility or resource for 
testing under a particular program is not more than the amount 
equal to the direct costs of such use by that element. 
(b) DEFINITIONS.—In this section: 
(1) The term "Major Range and Test Facility Base" means 
the test and evaluation facilities and resources that are des-
ignated by the Director of Operational Test and Evaluation 
as facilities and resources comprising the Major Range and 
Test Facility Base. 
(2) The term "institutional and overhead costs", with 
respect to a facility or resource within the Major Range Test 
and Facility Base— 
(A) means 
the 
costs of maintaining, 
operating, 
upgrading, and modernizing the facility or resource; and 
(B) does not include any incremental cost of operating 
the facility or resource that is attributable to the use of 
the facility or resource for testing under a particular pro-
gram. 
(3) The term "direct costs", with respect to a facility or 
resource within the Major Range and Test Facility Base, means 
those costs that are directly attributable to the use of the 
facility or resource for testing under a particular program, 
over and above the institutional and overhead costs with respect 
to the facility or resource. 
10 use 113 note. 
SEC. 233. UNIFORM FINANCIAL MANAGEMENT SYSTEM FOR DEPART-
MENT OF DEFENSE TEST AND EVALUATION FACILITIES. 
DeadUne. 
(a) REQUIREMENT FOR SYSTEM.—The Secretary of Defense shall 
implement a single financial management and accounting system 
for all test and evaluation facilities of the Department of Defense. 
The Secretary shall implement such system as soon as practicable, 
and shall establish the objective that such system be implemented 
not later than September 30, 2006. 
(b) SYSTEM FEATURES.—^The system required by subsection (a) 
shall be designed to achieve, at a minimum, the following functional 
objectives: 
(1) Enable managers within the Department of Defense 
to compare the costs of carrying out test and evaluation activi-
ties in the various facilities of the military departments. 
(2) Enable the Secretary of Defense— 
(A) to make prudent investment decisions; and 
(B) to reduce the extent to which unnecessary costs 
of owning and operating test and evaluation facilities of 
the Department of Defense are incurred. 
(3) Enable the Department of Defense to track the total 
cost of test and evaluation activities. 
(4) Comply with the financial management architecture 
established by the Secretary. 
SEC. 234. TEST AND EVALUATION WORKFORCE IMPROVEMENTS. 
Deadline. 
(a) REPORT ON CAPABILITIES.—Not later than March 15, 2003, 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics shall submit to Congress a report on the capabilities 
of the test and evaluation workforce of the Department of Defense. 
The Under Secretary shall consult with the Under Secretary of 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2491 
Defense for Personnel and Readiness and the Director of Oper-
ational Test and Evaluation in preparing the report. 
(b) REQUIREMENT FOR PLAN.—(1) The report shall contain a 
plan for taking the actions necessary to ensure that the test and 
evaluation workforce of the Department of Defense is of sufficient 
size and has the expertise necessary to timely and accurately iden-
tify issues of military suitability and effectiveness of Department 
of Defense systems through testing of the systems. 
(2) The plan shall set forth objectives for the size, composition, 
and qualifications of the workforce, and shall specify the actions 
(including recruitment, retention, and training) and milestones for 
achieving the objectives. 
(c) ADDITIONAL MATTERS.—^The report shall also include the 
following matters: 
(1) An assessment of the changing size and demographics 
of the test and evaluation workforce, including the impact of 
anticipated retirements among the most experienced personnel 
over the period of five fiscal years beginning with fiscal year 
2003, together with a discussion of the management actions 
necessary to address the changes. 
(2) An assessment of the anticipated workloads and respon-
sibilities of the test and evaluation workforce over the period 
of ten fiscal years beginning with fiscal year 2003, together 
with the number and qualifications of military and civilian 
personnel necessary to carry out such workloads and respon-
sibilities. 
(3) The Under Secretary's specific plans for using the dem-
onstration authority provided in section 4308 of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106; 10 U.S.C. 1701 note) and other special personnel 
management authorities of the Under Secretary to attract and 
retain qualified personnel in the test and evaluation workforce. 
(4) Any recommended legislation or additional special 
authority that the Under Secretary considers appropriate for 
facilitating the recruitment and retention of qualified personnel 
for the test and evaluation workforce. 
(5) Any other matters that are relevant to the capabilities 
of the test and evaluation workforce. 
SEC. 235. COMPLIANCE WITH TESTING REQUIREMENTS. 
(a) ANNUAL OT&E REPORT.—Subsection (g) of section 139 of 
title 10, United States Code, is amended by inserting after the 
fourth sentence the following: "The report for a fiscal year shall 
also include an assessment of the waivers of and deviations from 
requirements in test and evaluation master plans and other testing 
requirements that occurred during the fiscal year, any concerns 
raised by the waivers or deviations, and the actions that have 
been taken or are planned to be taken to address the concerns.". 
(b) REORGANIZATION OF PROVISION.—Subsection (g) of such sec-
tion, as amended by subsection (a), is further amended— 
(1) by inserting "(1)" after "(g)"; 
(2) by designating the second sentence as paragraph (2); 
(3) by designating the third sentence as paragraph (3); 
(4) by designating the matter consisting of the fourth and 
fifth sentences as paragraph (4); and 
(5) by designating the sixth sentence as paragraph (5). 
116 STAT. 2492 
PUBLIC LAW 107-314—DEC. 2, 2002 
Subtitle E—Other Matters 
10 use 2358 
SEC. 241. PILOT PROGRAMS FOR REVITALIZING DEPARTMENT OF 
note. 
DEFENSE LABORATORIES. 
(a) ADDITIONAL PILOT PROGRAM.—(1) The Secretary of Defense 
may carry out a pilot program to demonstrate improved efficiency 
in the performance of research, development, test, and evaluation 
functions of the Department of Defense. 
(2) Under the pilot program, the Secretary of Defense shall 
provide the director of one science and technology laboratory, and 
the director of one test and evaluation laboratory, of each military 
department with authority for the following: 
(A) To use innovative methods of personnel management 
appropriate for ensuring that the selected laboratories can— 
(i) employ and retain a workforce appropriately bal-
anced between permanent and temporary personnel and 
among workers with appropriate levels of skills and experi-
ence; and 
(ii) effectively shape workforces to ensure that the 
workforces have the necessary sets of skills and experience 
to fulfill their organizational missions. 
(B) To develop or expand innovative methods of entering 
into and expanding cooperative relationships and arrangements 
with private sector organizations, educational 
institutions 
(including primary and secondary schools), and State and local 
governments to facilitate the training of a future scientific 
and technical workforce that will contribute significantly to 
the accomplishment of organizational missions. 
(C) To develop or expand innovative methods of establishing 
cooperative relationships and arrangements with private sector 
organizations and educational institutions to promote the 
establishment of the technological industrial base in areas crit-
ical for Department of Defense technological requirements. 
(D) To waive any restrictions not required by law that 
apply to the demonstration and implementation of methods 
for achieving the objectives set forth in subparagraphs (A), 
(B), and (C). 
Deadline. 
(3) The Secretary may carry out the pilot program under this 
subsection at each selected laboratory for a period of three years 
beginning not later than March 1, 2003. 
(b) RELATIONSHIP TO FISCAL YEARS 1999 AND 2000 REVITALIZA-
TiON PILOT PROGRAMS.—^The pilot program under this section is 
in addition to, but may be carried out in conjunction with, the 
fiscal years 1999 and 2000 revitalization pilot programs. 
Deadlines. 
(c) REPORTS.—(1) Not later than January 1, 2003, the Secretary 
shall submit to Congress a report on the experience under the 
fiscal years 1999 and 2000 revitalization pilot programs in exer-
cising the authorities provided for the administration of those pro-
grams. The report shall include a description of— 
(A) barriers to the exercise of the authorities that have 
been encountered; 
(B) the proposed solutions for overcoming the barriers; 
and 
(C) the progress made in overcoming the barriers. 
(2) Not later than September 1, 2003, the Secretary of Defense 
shall submit to Congress a report on the implementation of the 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2493 
pilot program under subsection (a) and the fiscal years 1999 and 
2000 revitalization pilot programs. The report shall include, for 
each such pilot program, the following: 
(A) Each laboratory selected for the pilot program. 
(B) To the extent practicable, a description of the innovative 
methods that are to be tested at each laboratory. 
(C) The criteria to be used for measuring the success of 
each method to be tested. 
(3) Not later than 90 days after the expiration of the period 
for the participation of a laboratory in a pilot program referred 
to in paragraph (2), the Secretary of Defense shall submit to Con-
gress a final report on the participation of that laboratory in the 
pilot program. The report shall include the following: 
(A) A description of the methods tested. 
(B) The results of the testing. 
(C) The lessons learned. 
(D) Any proposal for legislation that the Secretary rec-
ommends on the basis of the experience at that laboratory 
under the pilot program. 
(d) EXTENSION OF AUTHORITY FOR OTHER REVITALIZATION PILOT 
PROGRAMS.—(1) Section 246(a)(4) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 1956; 10 U.S.C. 2358 note) is amended by striking 
"a period of three years" and inserting "up to six years". 
(2) Section 245(a)(4) of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 553; 10 
U.S.C. 2358 note) is amended by striking "a period of three years" 
and inserting "up to five years". 
(e) PARTNERSHIPS UNDER PILOT PROGRAM.—(1) The Secretary 
of Defense may authorize one or more laboratories and test centers 
participating in the pilot program under subsection (a) or in one 
of the fiscal years 1999 and 2000 revitalization pilot programs 
to enter into a cooperative arrangement (in this subsection referred 
to as a "public-private partnership") with entities in the private 
sector and institutions of higher education for the performance 
of work. 
(2) A competitive process shall be used for the selection of 
entities outside the Government to participate in a public-private 
partnership. 
(3)(A) Not more than one public-private partnership may be 
established as a limited liability company. 
(B) An entity participating in a limited liability company as 
a party to a public-private partnership under the pilot program 
may contribute funds to the company, accept contributions of ftmds 
for the company, and provide materials, services, and use of facili-
ties for research, technology, and infrastructure of the company, 
if it is determined under regulations prescribed by the Secretary 
of Defense that doing so will improve the efficiency of the perform-
ance of research, test, and evaluation functions of the Department 
of Defense. 
(f) FISCAL YEARS 1999 AND 2000 REVITALIZATION PILOT PRO-
GRAMS DEFINED.—In this section, the term "fiscal years 1999 and 
2000 revitalization pilot programs" means— 
(1) the pilot programs authorized by section 246 of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105-261; 112 Stat. 1955; 10 U.S.C. 
2358 note); and 
99-1940-03-3 :QL3 Part4 
116 STAT. 2494 
PUBLIC LAW 107-314—DEC. 2, 2002 
(2) the pilot programs authorized by section 245 of the 
National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106-65; 113 Stat. 552; 10 U.S.C. 2358 note). 
SEC. 242. TECHNOLOGY TRANSITION INITIATIVE. 
(a) ESTABLISHMENT AND CONDUCT.—(1) Chapter 139 of title 
10, United States Code, is amended by inserting after section 2359 
the following new section: 
"§ 2359a. Technology Transition Initiative 
"(a) INITIATIVE REQUIRED.—^The Secretary of Defense, acting 
through the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, shall carry out an initiative, to be known as the 
Technology Transition Initiative (hereinafter in this section referred 
to as the 'Initiative'), to facilitate the rapid transition of new tech-
nologies from science and technology programs of the Department 
of Defense into acquisition programs of the Department for the 
production of such technologies. 
"(b) OBJECTIVES.—The objectives of the Initiative are as follows: 
"(1) To accelerate the introduction of new technologies into 
operational capabilities for the armed forces. 
"(2) To successfully demonstrate new technologies in rel-
evant environments. 
"(c) MANAGEMENT OF INITIATIVE.—(1) The Under Secretary 
shall designate a senior official of the Department of Defense 
(hereinafter in this section referred to as the 'Manager') to manage 
the Initiative. 
"(2) In managing the Initiative, the Manager shall— 
"(A) report directly to the Under Secretary; and 
"(B) obtain advice and other assistance from the Technology 
Transition Council established under subsection (g). 
"(3) The Manager shall— 
"(A) in consultation with the Technology Transition Council 
established under subsection (g), identify promising technology 
transition projects that can contribute to meeting Department 
of Defense technology goals and requirements; 
"(B) identify potential sponsors in the Department of 
Defense to manage such projects; and 
"(C) provide funds under subsection (f) for those projects 
that are selected under subsection (d)(2). 
"(d) SELECTION OF PROJECTS.—(1) The science and technology 
and acquisition executives of each military department and each 
appropriate Defense Agency and the commanders of the unified 
and specified combatant commands may nominate technology 
transition projects for implementation under subsection (e) and 
shall submit a list of the projects so nominated to the Manager. 
"(2) The Manager, in consultation with the Technology Transi-
tion Council established under subsection (g), shall select projects 
for implementation under subsection (e) from among the projects 
on the lists submitted under paragraph (1). 
"(e) IMPLEMENTATION OF PROJECTS.—For each project selected 
under subsection (d)(2), the Manager shall designate a military 
department or Defense Agency to implement the project. 
"(f) FUNDING OF PROJECTS.—(1) From funds made available 
to the Manager for the Initiative, the Manager shall, subject to 
paragraphs (2) and (3), provide funds for each project selected 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2495 
under subsection (d)(2) in an amount determined by mutual agree-
ment between the Manager and the acquisition executive of the 
military department or Defense Agency concerned. 
"(2) The amount of funds provided to a project under paragraph 
(1) shall be not less than the amount equal to 50 percent of the 
total cost of the project. 
"(3) A project shall not be provided funds under this subsection 
for more than four fiscal years. 
"(g) TECHNOLOGY TRANSITION COUNCIL.—(1) There is a Tech-
nology Transition Council in the Department of Defense. The 
Council is composed of the following members: 
"(A) The science and technology executive of each military 
department and each Defense Agency. 
"(B) The acquisition executive of each military department. 
"(C) The members of the Joint Requirements Oversight 
Council. 
"(2) The duty of the Council shall be to provide advice and 
assistance to the Manager under this section. 
"(3) The Council shall meet not less often than semiannually 
to carry out its duty under paragraph (2). 
"(h) REPORT.—^Not later than March 31 of each year, the Under 
Secretary shall submit to the Committee on Armed Services and 
the Committee on Appropriations of the Senate and the Committee 
on Armed Services and the Committee on Appropriations of the 
House of Representatives a report on the activities carried out 
by the Initiative during the preceding fiscal year. 
"(i) DEFINITION.—In this section, the term 'acquisition execu-
tive', with respect to a military department or Defense Agency, 
means the official designated as the senior procurement executive 
for that military department or Defense Agency for the purposes 
of section 16(3) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 414(3)).". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2359 
the following new item: 
Establishment. 
Deadline. 
"2359a. Technology Transition Initiative.". 
(b) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—Of the 
amount 
authorized to be appropriated under section 201(4), $25,430,000 
may be available in program element 0603826D8Z for technology 
transition activities of the Department of Defense, including the 
Technology Transition Initiative required by section 2359a of title 
10, United States Code (as added by subsection (a)), the Defense 
Acquisition Challenge Program required by section 2359b of title 
10, United States Code (as added by section 243), and Quick Reac-
tion Special Projects. 
SEC. 243. DEFENSE ACQUISITION CHALLENGE PROGRAM. 
(a) IN GENERAL.—Chapter 139 of title 10, United States Code, 
is amended by inserting after section 2359a (as added by section 
242) the following new section: 
"§ 2359b. Defense Acquisition Challenge Program 
"(a) PROGRAM REQUIRED.—(1) The Secretary of Defense, acting 
through the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, shall carry out a program to provide opportunities 
116 STAT. 2496 
PUBLIC LAW 107-314—DEC. 2, 2002 
Establishment. 
Procedures. 
Procedures. 
for the increased introduction of innovative and cost-saving tech-
nology in acquisition programs of the Department of Defense. 
"(2) The program, to be known as the Defense Acquisition 
Challenge Program (hereinafter in this section referred to as the 
'Challenge Program'), shall provide any person or activity within 
or outside the Department of Defense with the opportunity to 
propose alternatives, to be known as challenge proposals, at the 
component, subsystem, or system level of an existing Department 
of Defense acquisition program that would result in improvements 
in performance, affordability, manufacturability, or operational 
capability of that acquisition program. 
"(b) PANELS.—The Under Secretary shall establish one or more 
panels of highly qusilified scientists and engineers (hereinafter in 
this section referred to as 'Panels') to provide preliminary evalua-
tions of challenge proposals under subsection (c). 
"(c) PRELIMINARY EVALUATION BY PANELS.—(1) Under proce-
dures prescribed by the Under Secretary, a person or activity within 
or outside the Department of Defense may submit challenge pro-
posals to a Panel, through the unsolicited proposal process or in 
response to a broad agency announcement. 
"(2) The Under Secretary shall establish procedures pursuant 
to which appropriate officials of the Department of Defense may 
identify proposals submitted through the unsolicited proposal 
process as challenge proposals. The procedures shall provide for 
the expeditious referral of such proposals to a Panel for preliminary 
evaluation under this subsection. 
"(3) The Under Secretary shall issue on an annual basis not 
less than one such broad agency announcement inviting interested 
parties to submit challenge proposals. Such announcements may 
also identify particular technology areas and acquisition programs 
that will be given priority in the evaluation of challenge proposals. 
"(4) Under procedures established by the Under Secretary, a 
Panel shall carry out a preliminary evaluation of each challenge 
proposal submitted in response to a broad agency announcement, 
or submitted through the unsolicited proposal process and identified 
as a challenge proposal in accordance with paragraph (2), to deter-
mine each of the following: 
"(A) Whether the challenge proposal has merit. 
"(B) Whether the challenge proposal is likely to result 
in 
improvements 
in 
perfoSnance, 
affordability, 
manufacturability, or operational capability at the component, 
subsystem, or system level of an acquisition program. 
"(C) Whether the challenge proposal could be implemented 
in the acquisition program rapidly, at an acceptable cost, and 
without unacceptable disruption to the acquisition program. 
"(5) The Under Secretary may establish procedures to ensure 
that the Challenge Program does not become an avenue for the 
repetitive submission of proposals that have been previously 
reviewed and found not to have merit. 
"(6) If a Panel determines that a challenge proposal satisfies 
each of the criteria specified in paragraph (4), the person or activity 
submitting that challenge proposal shall be provided an opportunity 
to submit such challenge proposal for a full review and evaluation 
under subsection (d). 
"(d) FULL REVIEW AND EVALUATION.—(1) Under procedures pre-
scribed by the Under Secretary, for each challenge proposal sub-
mitted for a full review and evaluation as provided in subsection 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2497 
(c)(6), the office carrying out the acquisition program to which 
the proposal relates shall, in consultation with the prime system 
contractor carrying out such program, conduct a full review and 
evaluation of the proposal. 
"(2) The full review and evaluation shall, independent of the 
determination of a Panel under subsection (c)(4), determine each 
of the matters specified in subparagraphs (A), (B), and (C) of such 
subsection. The full review and evaluation shall also include— 
"(A) an assessment of the cost of adopting the challenge 
proposal and implementing it in the acquisition program; and 
"(B) consideration of any intellectual property issues associ-
ated with the challenge proposal. 
"(e) ACTION UPON FAVORABLE FULL REVIEW AND EVALUATION.— 
(1) Under procedures prescribed by the Under Secretary, each chal-
lenge proposal determined under a full review and evaluation to 
satisfy each of the criteria specified in subsection (c)(4) with respect 
to an acquisition program shall be considered by the office carrying 
out the applicable acquisition program and the prime system con-
tractor for incorporation into the acquisition program as a new 
technology insertion at the component, subsystem, or system level. 
"(2) The Under Secretary shall encourage the adoption of each 
challenge proposal referred to in paragraph (1) by providing suitable 
incentives to the office carrying out the acquisition program and 
the prime system contractor carrying out such program. 
"(f) ACCESS TO TECHNICAL RESOURCES.—(1) Under procedures 
established by the Under Secretary, the technical resources of the 
laboratories, research, development, and engineering centers, test 
and evaluation activities, and other elements of the Department 
may be called upon to support the activities of the Challenge 
Program. 
"(2) Funds available to carry out this program may be used 
to compensate such laboratories, centers, activities, and elements 
for technical assistance provided to a Panel pursuant to paragraph 
(1). 
"(g) ELIMINATION OF CONFLICTS OF INTEREST.—In carrying out 
each preliminary evaluation under subsection (c) and full review 
under subsection (d), the Under Secretary shall ensure the elimi-
nation of conflicts of interest. 
"(h) LIMITATION ON USE OF FUNDS.—Funds made available 
for the Challenge Program may be used only for activities author-
ized by this section, and not for implementation of challenge pro-
posals. 
"(i) ANNUAL REPORT.—The Under Secretary shall submit an 
annual report on the Challenge Program to Congress. The report 
shall be submitted at the same time as the President submits 
the budget for a fiscal year to Congress under section 1105(a) 
of title 31, and shall cover the conduct of the Challenge Program 
for the preceding fiscal year. The report shall include the number 
and scope of challenge proposals submitted, preliminarily evaluated, 
subjected to full review and evaluation, and adopted. No report 
is required for a fiscal year in which the Challenge Program is 
not carried out. 
"0") TERMINATION OF AUTHORITY.—The Secretary may not carry 
out the Challenge Program under this section after September 
30, 2007.". 
Procedures. 
Procedures. 
116 STAT. 2498 
PUBLIC LAW 107-314—DEC. 2, 2002 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2359a (as added by section 242) the following new item: 
"2359b. Defense Acquisition Challenge Program.". 
10 use 2302 
SEC. 244. ENCOURAGEMENT OF SMALL BUSINESSES AND NONTRADI-
note. 
TIONAL DEFENSE CONTRACTORS TO SUBMIT PROPOSALS 
POTENTIALLY 
BENEFICIAL 
FOR 
COMBATING 
TER-
RORISM. 
(a) ESTABLISHMENT OF OUTREACH PROGRAM.—^During fiscal 
years 2003, 2004, and 2005, the Secretary of Defense, acting through 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics, shall carry out a program of outreach to small businesses 
and nontraditional defense contractors for the purpose set forth 
in subsection (b). 
(b) PURPOSE.—^The purpose of the outreach program is to pro-
vide a process for reviewing and evaluating research activities 
of, and new technologies being developed by, small businesses and 
nontraditional defense contractors that have the potential for 
meeting a defense requirement or technology development goal 
of the Department of Defense that relates to the mission of the 
Department of Defense to combat terrorism. 
(c) GOALS.—^The goals of the outreach program are as follows: 
(1) To increase efforts within the Department of Defense 
to survey and identify research activities and new technologies 
described in subsection (b). 
(2) To provide the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics with a source of expert advice 
on new technologies for combating terrorism. 
(3) To increase efforts to educate nontraditional defense 
contractors on Department of Defense acquisition processes, 
including regulations, procedures, funding opportunities, mili-
tary needs and requirements, and technology transfer so as 
to encourage such contractors to submit proposals regarding 
research activities and new technologies described in subsection 
(b). 
(4) To increase efforts to provide timely response by the 
Department of Defense to acquisition proposals (including 
unsolicited proposals) submitted to the Department by small 
businesses and by nontraditional defense contractors regarding 
research activities and new technologies described in subsection 
(b), including through the use of electronic transactions to 
facilitate the processing of such proposals. 
Appointment. 
(d) REVIEW PANEL.—(1) The Secretary shall appoint, under 
the outreach program, a panel for the review and evaluation of 
acquisition proposals described in subsection (c)(4). 
(2) The panel shall be composed of qualified personnel from 
the military departments, relevant Defense Agencies, industry, aca-
demia, and other private sector organizations. 
Procedures. 
(3) Under procedures prescribed by the Under Secretary of 
Defense for Acquisition, Technology, and Logistics, a small business 
or nontraditional defense contractor may submit acquisition pro-
posals for consideration under the program through the unsolicited 
proposal process or in response to a broad agency announcement. 
The Under Secretary shall issue on an annual basis not less than 
one such broad agency announcement inviting parties to submit 
proposals. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2499 
(4) Under procedures prescribed by the Under Secretary, the Procedures, 
panel shall review and evaluate acquisition proposals selected by 
the panel. An acquisition proposal shall be selected for review 
and evaluation if the panel determines that the acquisition proposal 
may present a unique and valuable approach for meeting a defense 
requirement or technology development goal of the Department 
of Defense that relates to the mission of the Department of Defense 
to combat terrorism. In carrying out its duties under this paragraph, 
the panel may act through representatives designated by the panel. 
(5) The panel shall— 
Deadlines. 
(A) not later than 60 days after the date on which the 
panel receives an acquisition proposal described in subsection 
(c)(4), transmit to the small business or nontraditional defense 
contractor that submitted the proposal a notification regarding 
whether the acquisition proposal has been selected under para-
graph (4) for review and evaluation; 
(B) to the maximum extent practicable, complete the review 
and evaluation of each selected acquisition proposal not later 
than 120 days after the date on which such proposal is selected 
under paragraph (4); and 
(C) after completing the review and evaluation of an 
acquisition proposal, transmit the results of that review and 
evaluation to the small business or nontraditional defense con-
tractor that submitted the proposal. 
(6) The Secretary shall ensure that the panel, in reviewing 
and evaluating acquisition proposals under this subsection, has 
the authority to obtain assistance, to a reasonable extent, from 
the appropriate technical resources of the laboratories, research, 
development, and engineering centers, test and evaluation activi-
ties, and other elements of the Department of Defense. 
(7) If, after completing review and evaluation of an acquisition 
proposal, the panel determines that such proposal represents a 
unique and valuable approach for meeting a defense requirement 
or technology development goal of the Department of Defense that 
relates to the mission of the Department of Defense to combat 
terrorism, the panel shall submit that determination to the Under 
Secretary of Defense for Acquisition, Technology, and Logistics, 
together with any recommendations that the panel considers appro-
priate regarding such proposal. 
(8) The Under Secretary of Defense for Acquisition, Technology, 
and Logistics may provide funding for acquisition proposals with 
respect to which the panel has submitted a determination under 
paragraph (7) through appropriate accounts of the military depart-
ments, Defense Agencies, the Small Business Innovative Research 
program, or any other acquisition program. 
(9) The Secretary of Defense shall ensure that a member of 
the panel has no conflict of interest with respect to the review 
and evaluation of an acquisition proposal by the panel. 
(e) NONTRADITIONAL DEFENSE CONTRACTOR DEFINED.—In this 
section, the term "nontraditional defense contractor" means an 
entity that has not, for at least one year prior to the date of 
the enactment of this Act, entered into, or performed with respect 
to, any contract described in paragraph (1) or (2) of section 845(e) 
of the National Defense Authorization Act for Fiscal Year 1994 
(10 U.S.C. 2371 note). 
116 STAT. 2500 
PUBLIC LAW 107-314—DEC. 2, 2002 
10 use 2358 
SEC. 245, VEHICLE FUEL CELL PROGRAM. 
(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry 
out a program for the development of vehicle fuel cell technology. 
(b) GOALS AND OBJECTIVES.—The goals and objectives of the 
program shall be as follows: 
(1) To identify and support technological advances that 
are necessary for the development of fuel cell technology for 
use in vehicles of types to be used by the Department of 
Defense. 
(2) To ensure that critical technology advances are shared 
among the various fuel cell technology programs within the 
Federal Government. 
(3) To maximize the leverage of Federal funds that are 
used for the development of fuel cell technology. 
(c) CONTENT OF PROGRAM.—The program shall include— 
(1) development of vehicle propulsion technologies and fuel 
cell auxiliary power units, together with pilot projects for the 
demonstration of such technologies, as appropriate; and 
(2) development of technologies necessary to address critical 
issues with respect to vehicle fuel cells, such as issues relating 
to hydrogen storage and hydrogen fuel infrastructure. 
(d) COOPERATION WITH INDUSTRY.—(1) The Secretary shall 
carry out the program in cooperation with companies selected by 
the Secretary. The Secretary shall select such companies from 
among— 
(A) companies in the automobile and truck manufacturing 
industry; 
(B) companies in the business of supplying systems and 
components to that industry; and 
(C) companies in any other industries that the Secretary 
considers appropriate. 
(2) The Secretary may enter into a cooperative agreement with 
one or more companies selected under paragraph (1) to establish 
an entity for carrying out activities required by subsection (c). 
(3) The Secretary shall ensure that companies referred to in 
paragraph (1) collectively contribute, in cash or in kind, not less 
than one-half of the total cost of carrying out the program under 
this section. 
(e) COORDINATION WITH OTHER FEDERAL AGENCIES.—The Sec-
retary shall carry out the program using a coordinating mechanism 
for sharing information and resources with the Department of 
Energy and other Federal agencies. 
(f) INTIAL FUNDING.—Of the funds authorized to be appro-
priated by section 201(4), $10,000,000 shall be available for the 
program required by this section. 
10 use 2358 
SEC. 246. DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOP-
note. 
MENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Defense shall carry out 
a defense nanotechnology research and development program. 
(b) PURPOSES.—^The purposes of the program are as follows: 
(1) To ensure 
United 
States 
global 
superiority in 
nanotechnology necessary for meeting national security require-
ments. 
(2) To coordinate all nanoscale research and development 
within the Department of Defense, and to provide for inter-
agency cooperation and collaboration on nanoscale research 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2501 
and development between the Department of Defense and other 
departments and agencies of the United States that are 
involved in nanoscale research and development. 
(3) To develop and manage a portfolio of fundamental and 
applied nanoscience and engineering research initiatives that 
is stable, consistent, and balanced across scientific disciplines. 
(4) To accelerate the transition and deplo3anent of tech-
nologies and concepts derived from nanoscale research and 
development into the Armed Forces, and to establish policies, 
procedures, and standards for measuring the success of such 
efforts. 
(5) To collect, synthesize, and disseminate critical informa-
tion on nanoscale research and development. 
(c) ADMINISTRATION.—In carr3dng out the program, the Sec-
retary shall act through the Director of Defense Research and 
Engineering, who shall supervise the planning, management, and 
coordination of the program. The Director, in consultation with 
the Secretaries of the military departments and the heads of partici-
pating Defense Agencies and other departments and agencies of 
the United States, shall— 
(1) prescribe a set of long-term challenges and a set of 
specific technical goals for the program; 
(2) develop a coordinated and integrated research and 
investment plan for meeting the long-term challenges and 
achieving the specific technical goals that builds upon the 
Department's increased investment in nanotechnology research 
and development and the National Nanotechnology Initiative; 
and 
(3) develop memoranda of agreement, joint funding agree-
ments, and other cooperative arrangements necessary for 
meeting the long-term challenges and achieving the specific 
technical goals. 
(d) ANNUAL REPORT.—Not later than March 1 of each of 2004, DeadHne. 
2005, 2006, and 2007, the Director of Defense Research and 
Engineering shall submit to the congressional defense committees 
a report on the program. The report shall contain the following 
matters: 
(1) A review of— 
(A) the long-term challenges and specific technical 
goals of the program; and 
(B) the progress made toward meeting those challenges 
and achieving those goals. 
(2) An assessment of current and proposed funding levels, 
including the adequacy of such funding levels to support pro-
gram activities. 
(3) A review of the coordination of activities within the 
Department of Defense, with other departments and agencies, 
and with the National Nanotechnology Initiative. 
(4) An assessment of the extent to which effective tech-
nology transition paths have been established as a result of 
activities under the program. 
(5) Recommendations for additional program activities to 
meet emerging national security requirements. 
116 STAT. 2502 
PUBLIC LAW 107-314—DEC. 2, 2002 
SEC. 247. ACTIVITIES OF THE DEFENSE EXPERIMENTAL PROGRAM TO 
STIMULATE COMPETITIVE RESEARCH. 
Subsection (c) of section 257 of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 
2358 note) is amended— 
(1) in paragraph (1), by striking "research grants" and 
inserting "grants for research and instrumentation to support 
such research"; and 
(2) by adding at the end the following new paragraph: 
"(3) Any other activities that are determined necessary 
to further the achievement of the objectives of the program.". 
SEC. 248. FOUR-YEAR EXTENSION OF AUTHORITY OF DARPA TO AWARD 
PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS 
AND ADDITIONAL AUTHORITY OF MILITARY DEPART-
MENTS AND DEFENSE AGENCIES TO AWARD PRIZES FOR 
ACHIEVEMENTS IN PROMOTING EDUCATION. 
(a) EXTENSION.—Section 2374a(f) of title 10, United States 
Code, is amended by striking "September 30, 2003" and inserting 
"September 30, 2007". 
Deadline. 
(b) REPORT ON ADMINISTRATION OF PROGRAM.—(1) N o t later 
than December 31, 2002, the Director of the Defense Advanced 
Research Projects Agency shall submit to the congressional defense 
committees a report on the proposal of the Director for the adminis-
tration of the program to award prizes for advanced technology 
achievements under section 2374a of title 10, United States Code. 
(2) The report shall include the following: 
(A) The results of consultations by the Director with offi-
cials of the military departments regarding the technology areas 
for which competitive prizes would be established. 
(B) A description of the proposed goals of the competitions 
that would be established under the program, including the 
technology areas to be promoted by the competitions and the 
relationship of such areas to military missions of the Depart-
ment of Defense. 
(C) The proposed rules for the competitions that would 
be established under the program and a description of the 
proposed management of the competitions. 
(D) A description of the manner in which the amounts 
of the cash prizes awarded and claimed under the program 
would be allocated among the accounts of the Defense Advanced 
Research Projects Agency for recording as obligations and 
expenditures. 
(E) For each competition that would be established under 
the program, a statement of the reasons why the competition 
is a preferable means of promoting basic, advanced, and applied 
research, advanced technology development, or 
prototype 
projects, rather than other means of promoting such activities, 
including contracts, grants, cooperative agreements, and other 
transactions. 
(c) ADDITIONAL AUTHORITY TO AWARD CASH PRIZES FOR PRO-
MOTING EDUCATION IN SUPPORT OF DOD MISSIONS.—(1) Chapter 
139 of title 10, United States Code, is amended by adding at 
the end the following new section: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2503 
"§ 2374b. Prizes for achievements in promoting science, 
mathematics, engineering, or technology edu-
cation 
"(a) AUTHORITY.—The Secretaries of the miHtary departments 
and the heads of defense agencies may each carry out a program 
to award cash prizes in recognition of outstanding achievements 
that are designed to promote science, mathematics, engineering, 
or technology education in support of the missions of the Depart-
ment of Defense. 
"(b) COMPETITION REQUIREMENTS.—Each program under sub-
section (a) shall use a competitive process for the selection of 
recipients of cash prizes. 
"(c) LIMITATION.—For any single program under subsection (a), 
the total amount made available for award of cash prizes in a 
fiscal year may not exceed $1,000,000. 
"(d) RELATIONSHIP TO OTHER AUTHORITY.—The program under 
subsection (a) may be carried out in conjunction with or in addition 
to the exercise of any other authority to acquire, support, or stimu-
late basic and applied research, advanced technology development, 
or prototype development projects. 
"(e) ANNUAL REPORT.—Promptly after the end of each fiscal 
year, each Secretary of a military department and each head of 
a defense agency carrying out a program under subsection (a) 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the administration 
of that program for that fiscal year. 
"(f) PERIOD OF AUTHORITY.—The authority to award prizes 
under subsection (a) shall terminate at the end of September 30, 
2006.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2374b. Prizes for achievements in promoting science, mathematics, engineering, or 
technology education.". 
SEC. 249. PLAN FOR FIVE-YEAR PROGRAM FOR ENHANCEMENT OF 
MEASUREMENT 
AND 
SIGNATURES 
INTELLIGENCE 
CAPABILITIES OF THE UNITED STATES THROUGH INCOR-
PORATION OF RESULTS OF BASIC RESEARCH ON SEN-
SORS. 
(a) CONGRESSIONAL FINDING.—Congress finds that the national 
interest will be served by the rapid exploitation of basic research 
on sensors for purposes of enhancing the measurement and signa-
tures intelligence (MASINT) capabilities of the United States. 
(b) PLAN FOR RESEARCH PROGRAM.—(1) Not later than March Deadline. 
31, 2003, the Secretary of Defense shall submit to Congress a 
plan for a five-year program of research intended to provide for 
the incorporation of the results of basic research on sensors into 
the measurement and signatures intelligence systems of the United 
States, to the extent the results of such research is applicable 
to such systems. Such program shall include the review and assess-
ment of basic research on sensors for purpose of such incorporation, 
including both basic research on sensors conducted by the Govern-
ment and basic research on sensors conducted by non-governmental 
entities. 
(2) The plan submitted under paragraph (1) shall provide that 
the activities to be carried out under the program provided for 
116 STAT. 2504 
PUBLIC LAW 107-314—DEC. 2, 2002 
in the plan shall be carried out by a consortium consisting of 
such governmental and non-governmental entities as the Secretary 
considers appropriate for purposes of incorporating the broadest 
practicable range of sensor capabilities into the systems referred 
to in paragraph (1). The consortium may include national labora-
tories, universities, and private sector entities. 
(3) The plan shall include a proposal for the funding of activities 
under the five-year program provided for in the plan, including 
cost-sharing by non-governmental participants in the consortium 
under paragraph (2). 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—^Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Grant to National Guard Youth Foundation. 
Subtitle B—^Environmental Provisions 
Sec. 311. Enhancement of authority on cooperative agreements for environmental 
purposes. 
Sec. 312. Single point of contact for policy and budgeting issues regarding 
unexploded ordnance, discarded military munitions, and munitions con-
stituents. 
Sec. 313. Authority to carry out construction projects for environmental responses. 
Sec. 314. Procurement of environmentally preierable procurement items. 
Sec. 315. Incidental taking of migratory birds during military readiness activities. 
Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities 
Sec. 321. Authority for each military department to provide base operating support 
to Fisher Houses. 
Sec. 322. Use of commissary stores and MWR retail facilities by members of Na-
tional Guard serving in national emergency. 
Sec. 323. Uniform funding and management of morale, welfare, and recreation pro-
grams. 
Sec. 324. Rebate agreements under the special supplemental food program. 
Subtitle D—Workplace and Depot Issues 
Sec. 331. Notification requirements in connection with required studies for conver-
sion of commercial or industrial tjrpe functions to contractor perform-
ance. 
Sec. 332. Temporary authority for contractor performance of security-guard func-
tions to meet increased requirements since September 11, 2001. 
Sec. 333. Repeal of obsolete provision regarding depot-level maintenance and repair 
workloads that were performed at closed or realigned military installa-
tions. 
Sec. 334. Exclusion of certain expenditures from limitation on private sector per-
formance of depot-level maintenance. 
Subtitle E—Defense Dependents Education 
Sec. 341. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 342. Housing benefits for unaccompanied teachers required to live at Guanta-
namo Bay Naval Station, Cuba. 
Sec. 343. Options for funding dependent summer school programs. 
Sec. 344. Impact aid eligibility tor local educational agencies affected by privatiza-
tion of military housing. 
Sec. 345. Comptroller General study of adequacy of compensation provided for 
teachers in the Department of Defense Overseas Dependents' Schools. 
Subtitle F—Information Technology 
Sec. 351. Annual submission of information regarding information technology cap-
ital assets. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2505 
Sec. 352. Policy regarding acquisition of information assurance and information as-
surance-enabled information technology products. 
Sec. 353. Installation and connection policy and procedures regarding Defense 
Switch Network. 
Subtitle G—Other Matters 
Sec. 361. Distribution of monthly reports on allocation of funds within operation 
and maintenance budget subactivities. 
Sec. 362. Continuation of arsenafsupport program initiative. 
Sec. 363. Extension of work safety demonstration program. 
Sec. 364. Condition on authority of Defense Security Service to impose fees on fee-
for-service basis. 
Sec. 365. Logistics support and services for weapon systems contractors. 
Sec. 366. Training range sustainment plan, Global Status of Resources and Train-
ing System, and training range inventory. 
Sec. 367. Engineering study and environmental analysis of road modifications in vi-
cinity of Fort Belvoir, Virginia. 
Sec. 368. Reauthorization of warranty claims recovery pilot program. 
Sec. 369. Expanded eligibility for loan, gift, or exchange of documents, historical ar-
tifacts, and condemned or obsolete combat materiel. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
(1) For the Army, $23,922,251,000. 
(2) For the Navy, $29,264,939,000. 
(3) For the Marine Corps, $3,559,636,000. 
(4) For the Air Force, $27,419,488,000. 
(5) For Defense-wide activities, $14,145,310,000. 
(6) For the Army Reserve, $1,985,110,000. 
(7) For the Naval Reserve, $1,233,759,000. 
(8) For the Marine Corps Reserve, $189,532,000. 
(9) For the Air Force Reserve, $2,160,604,000. 
(10) For the Army National Guard, $4,155,067,000. 
(11) For the Air National Guard, $4,104,810,000. 
(12) For the Defense Inspector General, $155,165,000. 
(13) For the United States Court of Appeals for the Armed 
Forces, $9,614,000. 
(14) For Environmental Restoration, Army, $395,900,000. 
(15) For Environmental Restoration, Navy, $256,948,000. 
(16) 
For 
Environmental 
Restoration, 
Air 
Force, 
$389,773,000. 
(17) 
For 
Environmental 
Restoration, 
Defense-wide, 
$23,498,000. 
(18) For Environmental 
Restoration, 
Formerly 
Used 
Defense Sites, $252,102,000. 
(19) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $58,400,000. 
(20) For Drug Interdiction and Counter-drug Activities, 
Defense-wide, $859,907,000. 
(21) For the Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Trust Fund, $25,000,000. 
(22) For Defense Health Program, $14,123,038,000. 
(23) 
For 
Cooperative 
Threat 
Reduction 
programs, 
$416,700,000. 
116 STAT. 2506 
PUBLIC LAW 107-314—DEC. 2, 2002 
(24) For Support for International Sporting Competitions, 
Defense, $19,000,000. 
(25) For overseas contingency operations transfer fund, 
$17,844,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2003 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $387,156,000 
(2) For the National Defense Sealift Fund, $934,129,000. 
(3) For the Defense Commissary Agency Working Capital 
Fund, $969,200,000. 
(4) For the Pentagon Reservation Maintenance Revolving 
Fund, $328,000,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
2003 from the Armed Forces Retirement Home Trust Fund the 
sum of $69,921,000 for the operation of the Armed Forces Retire-
ment Home. 
SEC. 
304. 
GRANT 
TO 
NATIONAL 
GUARD 
YOUTH 
FOUNDATION. 
Of the amount authorized to be appropriated by section 301(5) 
for administrative and service-wide activities for civil-military pro-
grams, the Secretary of Defense may use up to $2,500,000 to make 
a grant to the National Guard Youth Foundation to support the 
efforts of the Foundation to mobilize individuals, groups, and 
organizations to build and strengthen the character and competence 
of youth in the United States. 
Subtitle B—Environmental Provisions 
SEC. 
311. ENHANCEMENT OF 
AUTHORITY 
ON COOPERATIVE 
AGREE-
MENTS 
FOR 
ENVIRONMENTAL 
PURPOSES. 
Section 2701(d) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking "paragraph (2)" and 
inserting "paragraph (3)"; 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) CROSS-FISCAL YEAR AGREEMENTS.—^An agreement with 
an agency under paragraph (1) may be for a period that begins 
in one fiscal year and ends in another fiscal year so long 
as the period of the agreement does not exceed two years.". 
SEC. 312. SINGLE POINT OF CONTACT FOR POLICY AND BUDGETING 
ISSUES REGARDING UNEXPLODED ORDNANCE, DIS-
CARDED 
MILITARY 
MUNITIONS, 
AND MUNITIONS 
CONSTITUENTS. 
Section 2701 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
Establishment. 
"(k) UXO PROGRAM MANAGER.—(1) The Secretary of Defense 
shall establish a program manager who shall serve as the single 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2507 
point of contact in the Department of Defense for policy and budg-
eting issues involving the characterization, remediation, and 
management of explosive and related risks with respect to 
unexploded ordnance, discarded military munitions, and munitions 
constituents at defense sites (as such terms are defined in section 
2710 of this title) that pose a threat to human health or safety. 
"(2) The authority to establish the program manager may be 
delegated to the Secretary of a military department, who may 
delegate the authority to the Under Secretary of that military 
department. The authority may not be further delegated. 
"(3) The program manager may establish an independent 
advisory and review panel that may include representatives of 
the National Academy of Sciences, nongovernmental organizations 
with expertise regarding unexploded ordnance, discarded military 
munitions, or munitions constituents, the Environmental Protection 
Agency, States (as defined in section 2710 of this title), and tribal 
governments. If established, the panel shall report annually to 
Congress on progress made by the Department of Defense to address 
unexploded ordnance, discarded military munitions, or munitions 
constituents at defense sites and make such recommendations as 
the panel considers appropriate.". 
SEC. 313. AUTHORITY TO CARRY OUT CONSTRUCTION PROJECTS FOR 
ENVIRONMENTAL RESPONSES. 
(a) RESTATEMENT AND MODIFICATION OF AUTHORITY.—Chapter 
160 of title 10, United States Code, is amended— 
(1) by redesignating section 2707 as section 2700 and 
transferring such section to appear immediately after the table 
of sections at the beginning of such chapter; and 
(2) by inserting after section 2706 the following new section 
2707: 
"§2707. Environmental restoration projects for 
environ-
mental responses 
"(a) ENVIRONMENTAL RESTORATION PROJECTS AUTHORIZED.— 
The Secretary of Defense or the Secretary of a military department 
may carry out an environmental restoration project if that Secretary 
determines that the project is necessary to carry out a response 
under this chapter or CERCLA. 
"(b) TREATMENT OF PROJECT.—^Any construction, development, 
conversion, or extension of a structure, and any installation of 
equipment, that is included in an environmental restoration project 
under this section may not be considered military construction 
(as that term is defined in section 2801(a) of this title). 
"(c) SOURCE OF FUNDS.—Funds authorized for deposit in an 
account established by section 2703(a) of this title shall be the 
only source of funds to conduct an environmental restoration project 
under this section. 
"(d) ENVIRONMENTAL RESTORATION PROJECT DEFINED.—In this 
section, the term 'environmental restoration project' includes any 
construction, development, conversion, or extension of a structure, 
or installation of equipment, in direct support of a response.". 
(b) REPEAL OF SUPERSEDED PROVISION.—Section 2810 of such 
title is repealed. 
(c) CONFORMING AMENDMENTS.—Chapter 160 of such title is 
further amended— 
(1) in section 2700 (as redesignated by subsection (a))— 
116 STAT. 2508 
PUBLIC LAW 107-314—DEC. 2, 2002 
(A) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; and 
(B) by inserting after "In this chapter:" the following 
new paragraph: 
"(1) The term 'CERCLA means the 
Comprehensive 
Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.)."; and 
(2) in section 2701(a)(2), by striking "the Comprehensive 
Environmental Response, Compensation, and Liability Act of 
1980 (hereinafter in this chapter referred to as 'CERCLA) 
(42 U.S.C. 9601 et seq.)" and inserting "CERCLA". 
(d) CLERICAL AMENDMENTS.—(1) The table of sections at the 
beginning of chapter 160 of such title is amended— 
(A) by inserting before the item relating to section 2701 
the following new item: 
"2700. Definitions."; 
and 
(B) by striking the item relating to section 2707 and 
inserting the following new item: 
"2707. Environmental restoration projects for environmental responses.". 
(2) The table of sections at the beginning of chapter 169 of 
such title is amended by striking the item relating to section 2810. 
10 u s e 2302 
SEC. 314. PROCUREMENT 
OF 
ENVIRONMENTALLY 
PREFERABLE 
note. 
PROCUREMENT ITEMS. 
(a) TRACKING SYSTEM.—^The Secretary of Defense shall develop 
and implement an effective and efficient tracking system to identify 
the extent to which the Defense Logistics Agency procures environ-
mentally preferable procurement items or procurement items made 
with recovered material. The system shall provide for the separate 
tracking, to the maximum extent practicable, of the procurement 
of each category of procurement items that, as of the date of 
the enactment of this Act, has been determined to be environ-
mentally preferable or made with recovered material. 
(b) ASSESSMENT OF TRAINING AND EDUCATION.—The Secretary 
of Defense shall assess the need to establish a program, or enhance 
existing programs, for training and educating Department of 
Defense procurement officials to ensure that they are aware of 
any Department requirements, preferences, or goals for the procure-
ment of environmentally preferable procurement items or procure-
ment items made with recovered material. 
DeadUnes. 
(c) REPORTING REQUIREMENT.—Not later than March 1, 2004, 
and each March 1 thereafter through 2007, 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 Representa-
tives a report detailing the results obtained from the tracking 
system developed under subsection (a). 
(d) RELATION TO OTHER LAWS.—Nothing in this section shall 
be construed to alter the requirements of the Solid Waste Disposal 
Act (40 U.S.C. 6901 et seq.). 
(e) DEFINITIONS.—In this section: 
(1) The term "environmentally preferable", in the case of 
a procurement item, means that the item has a lesser or 
reduced effect on human health and the environment when 
compared with competing products that serve the same purpose. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2509 
The comparison may consider raw materials 
acquisition, 
production, manufacturing, packaging, distribution, reuse, oper-
ation, maintenance, or disposal of the product. 
(2) The terms "procurement item" and "recovered material" 
have the meanings given such terms in section 1004 of the 
Solid Waste Disposal Act (40 U.S.C. 6903). 
SEC. 315. INCIDENTTAL TAKING OF MIGRATORY BIRDS DURING MILI- 
16 USC 703 note. 
TARY READINESS ACTIVITIES. 
(a) INTERIM AUTHORITY FOR INCIDENTAL TAKINGS.—During the 
period described in subsection (c), section 2 of the Migratory Bird 
Treaty Act (16 U.S.C. 703) shall not apply to the incidental taking 
of a migratory bird by a member of the Armed Forces during 
a military readiness activity authorized by the Secretary of Defense 
or the Secretary of the military department concerned. 
(b) IDENTIFICATION OF MEASURES TO MINIMIZE IMPACT OF 
ACTIVITIES.—During the periods described in subsections (c) and 
(d), the Secretary of Defense shall, in consultation with the Sec-
retary of the Interior, identify measures— 
(1) to minimize and mitigate, to the extent practicable, 
any adverse impacts of authorized military readiness activities 
on affected species of migratory birds; and 
(2) to monitor the impacts of such military readiness activi-
ties on affected species of migratory birds. 
(c) PERIOD OF APPLICATION FOR INTERIM AUTHORITY.—The Federal Register, 
period described in this subsection is the period beginning on the publication. 
date of the enactment of this Act and ending on the date on 
which the Secretary of the Interior publishes in the Federal Register 
a notice that— 
(1) regulations authorizing the incidental taking of migra-
tory birds by members of the Armed Forces have been pre-
scribed in accordance with the requirements of subsection (d); 
(2) all legal challenges to the regulations and to the manner 
of their promulgation (if any) have been exhausted as provided 
in subsection (e); and 
(3) the regulations have taken effect. 
(d) INCIDENTAL TAKINGS AFTER INTERIM PERIOD.—(1) Not later Deadline, 
than the expiration of the one-year period beginning on the date Regulations, 
of the enactment of this Act, the Secretary of the Interior shall 
exercise the authority of that Secretary under section 3(a) of the 
Migratory Bird Treaty Act (16 U.S.C. 704(a)) to prescribe regula-
tions to exempt the Armed Forces for the incidental taking of 
migratory birds during military readiness activities authorized by 
the Secretary of Defense or the Secretary of the military department 
concerned. 
(2) The Secretary of the Interior shall exercise authority under 
paragraph (1) with the concurrence of the Secretary of Defense. 
(e) LIMITATION ON JUDICIAL REVIEW.—An action seeking judicial Deadline, 
review of regulations prescribed pursuant to this section or of 
the manner of their promulgation must be filed in the appropriate 
Federal court by not later than the expiration of the 120-day period 
beginning on the date on which such regulations are published 
in the Federal Register. Upon the expiration of such period and 
the exhaustion of any legal challenges to the regulations pursuant 
to any action filed in such period, there shall be no further judicial 
review of such regulations or of the manner of their promulgation. 
116 STAT. 2510 
PUBLIC LAW 107-314—DEC. 2, 2002 
(f) MILITARY READINESS ACTIVITY.—(1) In this section the term 
"military readiness activity" includes— 
(A) all training and operations of the Armed Forces that 
relate to combat; and 
(B) the adequate and realistic testing of military equip-
ment, vehicles, weapons, and sensors for proper operation and 
suitability for combat use. 
(2) The term does not include— 
(A) the routine operation of installation operating support 
functions, such as administrative offices, military exchanges, 
commissaries, water treatment facilities, storage facilities, 
schools, housing, motor pools, laundries, morale, welfare, and 
recreation activities, shops, and mess halls; 
(B) the operation of industrial activities; or 
(C) the construction or demolition of facilities used for 
a purpose described in subparagraph (A) or (B). 
Subtitle C—Commissaries and 
Nonappropriated Fund Instrumentalities 
SEC. 321. AUTHORITY FOR EACH MILITARY DEPARTMENT TO PROVIDE 
BASE OPERATING SUPPORT TO FISHER HOUSES. 
Section 2493(f) of title 10, United States Code, is amended 
to read as follows: 
"(f) BASE OPERATING SUPPORT.—The Secretary of a military 
department may provide base operating support for Fisher Houses 
associated with health care facilities of that military department.". 
SEC. 322. USE OF COMMISSARY STORES AND MWR RETAIL FACILITIES 
BY 
MEMBERS OF 
NATIONAL GUARD SERVING IN 
NATIONAL EMERGENCY. 
(a) ADDITIONAL BASIS FOR AUTHORIZED USE.—Section 1063a 
of title 10, United States Code, is amended— 
(1) in subsection (a), by inserting "or national emergency" 
after "federally declared disaster"; and 
(2) in subsection (c), by adding at the end the following 
new paragraph: 
"(3) NATIONAL EMERGENCY.—The term 'national emergency' 
means a national emergency declared by the President or Con-
gress.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§ 1063a. Use of commissary stores and MWR retail facilities: 
members of National Guard serving in federally 
declared disaster or national emergency". 
(2) The table of sections at the beginning of chapter 54 of 
such title is amended by striking the item relating to section 1063a 
and inserting the following new item: 
"1063a. Use of commissary stores and MWR retail facilities: members of National 
Guard serving in federally declared disaster or national emergency.". 
SEC. 323. UNIFORM FUNDING AND MANAGEMENT OF MORALE, WEL-
FARE, AND RECREATION PROGRAMS. 
(a) IN GENERAL.—Chapter 147 of title 10, United States Code, 
is amended by adding at the end the following new section: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2511 
"§2494. Uniform funding and management of morale, wel-
fare, and recreation programs 
"(a) AUTHORITY FOR UNIFORM FUNDING AND MANAGEMENT.— Regulations. 
Under regulations prescribed by the Secretary of Defense, funds 
appropriated to the Department of Defense and available for morale, 
welfare, and recreation 
programs may be treated as non-
appropriated funds and expended in accordance with laws applicable 
to the expenditures of nonappropriated funds. When made available 
for morale, welfare, and recreation programs under such regula-
tions, appropriated funds shall be considered to be nonappropriated 
funds for all purposes and shall remain available until expended. 
"(b) CONDITIONS ON AVAILABILITY.—Funds appropriated to the 
Department of Defense may be made available to support a morale, 
welfare, or recreation program only if the program is authorized 
to receive appropriated fund support and only in the amounts 
the program is authorized to receive. 
"(c) CONVERSION OF EMPLOYMENT POSITIONS.—(1) The Sec-
retary of Defense may identify positions of employees in morale, 
welfare, and recreation programs within the Department of Defense 
who are paid with appropriated funds whose status may be con-
verted from the status of an employee paid with appropriated 
funds to the status of an employee of a nonappropriated fund 
instrumentality. 
"(2) The status of an employee in a position identified by 
the Secretary under paragraph (1) may, with the consent of the 
employee, be converted to the status of an employee of a non-
appropriated fund instrumentality. An employee who does not con-
sent to the conversion may not be removed from the position because 
of the failure to provide such consent. 
"(3) The conversion of an employee from the status of an 
employee paid by appropriated funds to the status of an employee 
of a nonappropriated fund instrumentality shall be without a break 
in service for the concerned employee. The conversion shall not 
entitle an employee to severance pay, back pay or separation pay 
under subchapter IX of chapter 55 of title 5, or be considered 
an involuntary separation or other adverse personnel action enti-
tling an employee to any right or benefit under such title or any 
other provision of law or regulation. 
"(4) In this subsection, the term *an employee of a non-
appropriated fund instrumentality' means an employee described 
in section 2105(c) of title 5.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2494. Uniform funding and management of morale, welfare, and recreation pro-
grams.". 
SEC. 
324. 
REBATE 
AGREEMENTS 
UNDER 
THE 
SPECIAL 
SUPPLEMENTAL 
FOOD 
PROGRAM. 
(a) APPLICABILITY TO NAVY EXCHANGE MARKETS.—Paragraph 
(1)(A) of section 1060a(e) of title 10, United States Code, is amended 
by inserting "or Navy Exchange Markets" after "commissary stores". 
(b) INCREASED MAXIMUM PERIOD OF AGREEMENT.—Paragraph 
(3) of such section is amended by striking "subsection may not 
exceed one year" in the first sentence and inserting "subsection, 
including any period of extension of the contract by modification 
116 STAT. 2512 
PUBLIC LAW 107-314—DEC. 2, 2002 
of the contract, exercise of an option, or other cause, may not 
exceed three years". 
Subtitle D—Workplace and Depot Issues 
SEC. 331. NOTIFICATION REQUIREMENTS IN CONNECTION WITH 
REQUIRED STUDIES FOR CONVERSION OF COMMERCIAL 
OR INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR 
PERFORMANCE. 
Subsection (c) of section 2461 of title 10, United States Code, 
is amended to read as follows: 
Reports. 
"(c) SUBMISSION OF ANALYSIS RESULTS.—(1) Upon the comple-
tion of an analysis of a commercial or industrial type function 
described in subsection (a) for possible change to performance by 
the private sector, the Secretary of Defense shall submit to Congress 
a report containing the results of the analysis, including the results 
of the examinations required by subsection (b)(3). 
"(2) The report shall also contain the following: 
"(A) The date when the analysis of the function was com-
menced. 
"(B) The Secretary's certification that the Government cal-
culation of the cost of performance of the function by Depart-
ment of Defense civilian employees is based on an estimate 
of the most cost effective manner for performance of the function 
by Department of Defense civilian employees. 
"(C) The number of Department of Defense civilian 
employees who were performing the function when the analysis 
was commenced and the number of such employees whose 
employment was or will be terminated or otherwise affected 
by changing to performance of the function by the private 
sector or by implementation of the most efficient organization 
of the function. 
"(D) The Secretary's certification that the factors considered 
in the examinations performed under subsection (b)(3), and 
in the making of the decision regarding changing to perform-
ance of the function by the private sector or retaining perform-
ance in the most efficient organization of the function, did 
not include any predetermined personnel constraint or limita-
tion in terms of man years, end strength, full-time equivalent 
positions, or maximum number of employees. 
"(E) A statement of the potential economic effect of imple-
menting the decision regarding changing to performance of 
the function by the private sector or retaining performance 
in the most efficient organization of the function on each 
affected local community, as determined in the examination 
under subsection (b)(3)(B)(ii). 
"(F) A schedule for completing the change to performance 
of the function by the private sector or implementing the most 
efficient organization of the function. 
"(G) In the case of a commercial or industrial type function 
performed at a Center of Industrial and Technical Excellence 
designated under section 2474(a) of this title or an Army 
ammunition plant, a description of the effect that the manner 
of performance of the function, and administration of the 
resulting contract if any, will have on the overhead costs of 
the center or ammunition plant, as the case may be. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2513 
"(H) The Secretar/s certification that the entire analysis 
is available for examination. 
"(3)(A) If a decision is made to change the commercial or 
industrial type function that was the subject of the analysis to 
performance by the private sector, the change of the function to 
contractor performance may not begin until after the submission 
of the report required by paragraph (1). 
"(B) Notwithstanding subparagraph (A), in the case of a 
commercial or industrial type function performed at a Center of 
Industrial and Technical Excellence designated under section 
2474(a) of this title or an Army ammunition plant, the change 
of the function to contractor performance may not begin until at 
least 60 days after the submission of the report.". 
SEC. 332. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE 
OF SECURITY-GUARD FUNCTIONS TO MEET INCREASED 
REQUIREMENTS SINCE SEPTEMBER 11, 2001. 
(a) CONTRACT AUTHORITY.—^The Secretary of Defense or the 
Secretary of a military department may enter into a contract for 
any increased performance of security-guard functions at a military 
installation or facility under the jurisdiction of the Secretary under-
taken in response to the terrorist attacks on the United States 
on September 11, 2001, and may waive the prohibition under section 
2465(a) of title 10, United States Code, with respect to such contract, 
if— 
(1) without the contract, members of the Armed Forces 
are or would be used to perform the increased security-guard 
functions; and 
(2) the Secretary concerned determines that— 
(A) the recruiting and training standards for the per-
sonnel who are to perform the security-guard functions 
at the installation or facility under the contract are com-
parable to the recruiting and training standards for the 
personnel of the Department of Defense who perform secu-
rity-guard functions at military installations and facilities 
under the jurisdiction of the Secretary; 
(B) the contractor personnel performing such functions 
under the contract will be effectively supervised, reviewed, 
and evaluated; and 
(C) the performance of such functions by the contractor 
personnel will not result in a reduction in the security 
of the installation or facility. 
(b) INCREASED PERFORMANCE DEFINED.—In this section, the 
term "increased performance", with respect to security-guard func-
tions at a military installation or facility, m.eans— 
(1) in the case of an installation or facility where no secu-
rity-guard functions were performed as of September 10, 2001, 
the entire scope or extent of the performance of security-guard 
functions at the installation or facility after such date; and 
(2) in the case of an installation or facility where security-
guard functions were performed within a lesser scope of require-
ments or to a lesser extent as of September 10, 2001, than 
after such date, the increment of the performance of security-
guard functions at the installation or facility that exceeds such 
lesser scope of requirements or extent of performance. 
(c) EXPIRATION OF AUTHORITY.—^The authority for contractor 
performance of security-guard functions under this section shall 
116 STAT. 2514 
PUBLIC LAW 107-314—DEC. 2, 2002 
terminate at the end of the three-year period beginning on the 
date of the enactment of this Act. The term of any contract entered 
into using the authority provided by this section may not extend 
beyond the end of such period. 
Deadline. 
(d) NEEDS ASSESSMENT AND PLAN.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall— 
(1) identify any requirements for the performance of secu-
rity-guard functions 
at military installations 
and 
facilities 
under the jurisdiction of the Secretary or the Secretary of 
a military department that are expected to continue for more 
than three years after the date of the enactment of this Act 
and, in the absence of further action by the Secretary or Con-
gress, would othenvise be performed by members of the Armed 
Forces; and 
(2) submit to the congressional defense committees a plan 
for meeting those requirements on a long-term basis. 
SEC. 333. REPEAL OF OBSOLETE PROVISION REGARDING DEPOT-
LEVEL MAINTENANCE AND REPAIR WORKLOADS THAT 
WERE PERFORMED AT CLOSED OR REALIGNED MILITARY 
INSTALLATIONS. 
(a) REPEAL.—Section 2469a of title 10, United States Code, 
is repealed. 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 146 of such title is amended by striking the item 
relating to section 2469a. 
SEC. 334. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION 
ON PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL 
MAINTENANCE. 
Section 2474(f) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking "Amounts expended out 
of funds described in paragraph (2) for the performance of 
a depot-level maintenance and repair workload by non-Federal 
Government personnel at a Center of Industrial and Technical 
Excellence" and inserting "Amounts expended for the perform-
ance of a depot-level maintenance and repair workload by non-
Federal Government personnel at a Center of Industrial and 
Technical Excellence under any contract entered into during 
fiscal years 2003 through 2006"; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraph (3) as paragraph (2). 
Subtitle E—Defense Dependents Education 
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BEN-
EFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR 
FISCAL YEAR 2003.—Of the amount authorized to be appropriated 
pursuant to section 301(5) for operation and maintenance 
for 
Defense-wide activities, $30,000,000 shall be available only for the 
purpose of providing educational agencies assistance to local edu-
cational agencies. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2515 
(b) NOTIFICATION.—Not later than June 30, 2003, the Secretary 
of Defense shall notify each local educational agency that is eligible 
for educational agencies assistance for fiscal year 2003 o
f
— 
(1) that agencys eligibility for the assistance; and 
(2) the amount of the assistance for which that agency 
is eligible. 
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall 
disburse funds made available under subsection (a) not later than 
30 days after the date on which notification to the eligible local 
educational agencies is provided pursuant to subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term "educational agencies assistance" means 
assistance authorized under section 386(b) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 20 U.S.C. 7703 note). 
(2) The term "local educational agency" has the meaning 
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 
342. HOUSING BENEFITS FOR UNACCOMPANIED TEACHERS 
REQUIRED TO LIVE AT GUANTANAMO BAY NAVAL STA-
TION, CUBA. 
Section 7 of the Defense Department Overseas Teachers Pay 
and Personnel Practices Act (20 U.S.C. 905) is amended by adding 
at the end the following new subsection: 
"(f)(1) A teacher assigned to teach at Guantanamo Bay Naval 
Station, Cuba, who is not accompanied at such station by any 
dependent shall be offered for lease any available military family 
housing at such station that is suitable for occupancy by the teacher 
and is not needed to house members of the armed forces and 
dependents accompanying them or other civilian personnel and 
any dependents accompanying them. 
"(2) For any period for which military family housing is leased 
under paragraph (1) to a teacher described in such paragraph, 
the teacher shall receive a quarters allowance in the amount deter-
mined under subsection (b). The teacher is entitled to such quarters 
allowance without regard to whether other Government furnished 
quarters are available for occupancy by the teacher without charge 
to the teacher.". 
SEC. 343. OPTIONS FOR FUNDING DEPENDENT SUMMER SCHOOL PRO-
GRAMS. 
Section 1402(d)(2) of the Defense Dependents' Education Act 
of 1978 (20 U.S.C. 921(d)(2)) is amended to read as follows: 
"(2) The Secretary shall provide any summer school program 
under this subsection on the same financial basis as programs 
offered during the regular school year, except that the Secretary 
may charge reasonable fees for all or portions of such summer 
school programs to the extent that the Secretary determines appro-
priate.". 
SEC. 344. IMPACT AID ELIGIBILITY FOR LOCAL EDUCATIONAL AGEN-
CIES 
AFFECTED 
BY 
PRIVATIZATION 
OF 
MILITARY 
HOUSING. 
Section 8003(b)(2) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7703(b)(2)) is amended by adding at the 
end the following: 
Deadline. 
Deadline. 
116 STAT. 2516 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(H) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDU-
CATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF MILI-
TARY HOUSING.— 
"(i) ELIGIBILITY.—For any fiscal year beginning 
with fiscal year 2003, a heavily impacted local edu-
cational agency that received a basic support payment 
under subparagraph (A) for the prior fiscal year, but 
is ineligible for such payment for the current fiscal 
year under subparagraph (B) or (C), as the case may 
be, by reason of the conversion of military housing 
units to private housing described in clause (iii), shall 
be deemed to meet the eligibility requirements under 
subparagraph (B) or (C), as the case may be, for the 
period during which the housing units are undergoing 
such conversion. 
"(ii) AMOUNT OF PAYMENT.—^The amount of a pay-
ment to a heavily impacted local educational agency 
for a fiscal year by reason of the application of clause 
(i), and calculated in accordance with subparagraph 
(D) or (E) (as the case may be), shall be based on 
the number of children in average daily attendance 
in the schools of such agency for the fiscal year. 
"(iii) CONVERSION OF MILITARY HOUSING UNITS TO 
PRIVATE HOUSING DESCRIBED.—For purposes of clause 
(i), 'conversion of military housing units to private 
housing* means the conversion of military 
housing 
units to private housing units pursuant to subchapter 
IV of chapter 169 of title 10, United States Code, 
or pursuant to any other related provision of law.". 
SEC. 345. COMPTROLLER GENERAL STUDY OF ADEQUACY OF COM-
PENSATION PROVIDED FOR TEACHERS IN THE DEPART-
MENT OF DEFENSE OVERSEAS DEPENDENTS' SCHOOLS. 
(a) ADDITIONAL CONSIDERATION FOR STUDY.—Subsection (b) of 
section 354 of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107-107; 115 Stat. 1064) is amended by 
inserting after paragraph (2) the following new paragraph: 
"(3) Whether the process for setting teacher compensation 
is efficient and cost effective.". 
(b) EXTENSION OF T I M E FOR REPORTING.—Subsection (c) of such 
section is amended by striking "May 1, 2002" and inserting 
"December 12, 2002". 
Subtitle F—Information Technology 
10 use 221 note. 
SEC. 351. ANNUAL SUBMISSION OF INFORMATION 
REGARDING 
I N F O R M A T I O N T E C H N O L O G Y CAPITAL ASSETS. 
Deadline. 
(a) REQUIREMENT TO SUBMIT INFORMATION.—Not later than 
30 days after the date on which the President submits the budget 
for a fiscal year to Congress pursuant to section 1105 of title 
31, United States Code, the Secretary of Defense shall submit 
to Congress information on the following information technology 
capital assets, including information technology capital assets that 
are a national security system, of the Department of Defense: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2517 
(1) Information technology capital assets not covered by 
paragraph (2) that have an estimated total cost for the fiscal 
year for which the budget is submitted in excess of $10,000,000. 
(2) Information technology capital assets that have an esti-
mated total cost for the fiscal year for which the budget is 
submitted in excess of $30,000,000 and an estimated total 
life cycle cost (as computed in fiscal year 2003 constant dollars) 
in excess of $120,000,000. 
(b) REQUIRED INFORMATION FOR LOW-THRESHOLD ASSETS.— 
With respect to each information technology capital asset described 
in subsection (a)(1), the Secretary of Defense shall include the 
following information: 
(1) The name of the information technology capital asset. 
(2) The function of the asset. 
(3) The total cost of the asset for the fiscal year for which 
the budget is submitted, the current fiscal year, and the pre-
ceding fiscal year. 
(c) REQUIRED INFORMATION FOR HIGH-THRESHOLD ASSETS.— 
With respect to each information technology capital asset described 
in subsection (a)(2), the Secretary of Defense shall include the 
following information: 
(1) The name and identifjdng acronjmi of the information 
technology capital asset. 
(2) The date of initiation of the asset. 
(3) A summary of performance measurements and metrics. 
(4) The total amount of funds, by appropriation account, 
appropriated and obligated for prior fiscal years, with a specific 
breakout of such information for the two preceding fiscal years. 
(5) The funds, by appropriation account, requested for the 
next fiscal year. 
(6) The name of each prime contractor and the work to 
be performed. 
(7) Program management and management 
oversight 
information. 
(8) The original baseline cost and most current baseline 
information. 
(9) Information regarding compliance with the provisions 
of law enacted or amended by the Government Performance 
Results Act of 1993 (Public Law 103-62; 107 Stat. 285) and 
the Clinger-Cohen Act of 1996 (divisions D and E of Public 
Law 104-106; 110 Stat. 642). 
(d) TOTAL COST DETERMINATIONS.—In estimating the total cost 
for a fiscal year or total life cycle cost of an information technology 
capital asset, the Secretary of Defense shall consider research and 
development costs, procurement costs, and operation and mainte-
nance costs related to the information technology capital asset. 
(e) DEFINITIONS.—In this section: 
(1) The term "information technology" has the meaning 
given that term in section 11101 of title 40, United States 
Code. 
(2) The term "capital asset" has the meaning given that 
term in Office of Management and Budget Circular A-11. 
(3) The term "national security system" has the meaning 
given that term in section 11103 of title 40, United States 
Code. 
116 STAT. 2518 
PUBLIC LAW 107-314—DEC. 2, 2002 
10 u s e 2302 
SEC. 352. POLICY REGARDING ACQUISITION OF INFORMATION ASSUR-
°ote. 
ANCE 
AND 
INFORMATION 
ASSURANCE-ENABLED 
INFORMATION TECHNOLOGY PRODUCTS. 
(a) ESTABLISHMENT OF POLICY.—^The Secretary of Defense shall 
establish a policy to limit the acquisition of information assurance 
and information assurance-enabled information technology products 
to those products that have been evaluated and validated in accord-
ance with appropriate criteria, schemes, or programs. 
(b) WAIVER.—^As part of the policy, the Secretary of Defense 
shall authorize specified officials of the Department of Defense 
to waive the limitations of the policy upon a determination in 
writing that application of the limitations to the acquisition of 
a particular information assurance or information 
assurance-
enabled information technology product would not be in the national 
security interest of the United States. 
(c) IMPLEMENTATION.—^The Secretary of Defense shall ensure 
that the policy is uniformly implemented throughout the Depart-
ment of Defense. 
SEC. 353. INSTALLATION AND CONNECTION POLICY AND PROCEDURES 
REGARDING DEFENSE SWITCH NETWORK 
DeadUne. 
(a) ESTABLISHMENT OF POLICY AND PROCEDURES.—^Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall establish clear and uniform policy and 
procedures, applicable to the military departments and Defense 
Agencies, regarding the installation and connection of telecom 
switches to the Defense Switch Network. 
(b) ELEMENTS OF POLICY AND PROCEDURES.—^The policy and 
procedures shall address at a minimum the following: 
(1) Clear interoperability and compatibility requirements 
for procuring, certifying, installing, and connecting telecom 
switches to the Defense Switch Network. 
(2) Current, complete, and enforceable testing, validation, 
and certification procedures needed to ensure the interoper-
ability and compatibility requirements are satisfied. 
(c) EXCEPTIONS.—(1) The Secretary of Defense may specify cer-
tain circumstances in which— 
(A) the requirements for testing, validation, and certifi-
cation of telecom switches may be waived; or 
(B) interim authority for the installation and connection 
of telecom switches to the Defense Switch Network may be 
granted. 
(2) Only the Assistant Secretary of Defense for Command, 
Control, Communications, and Intelligence may approve a waiver 
or grant of interim authority under paragraph (1). The authority 
to approve such a waiver or grant of interim authority may not 
be delegated. 
(3) The Assistant Secretary of Defense for Command, Control, 
Communications, and Intelligence shall consult with the Chairman 
of the Joint Chiefs of Staff before approving a waiver or grant 
of interim authority under paragraph (1). 
(d) INVENTORY OF DEFENSE SWITCH NETWORK.—The Secretary 
of Defense shall prepare and maintain an inventory of all telecom 
switches that, as of the date on which the Secretary issues the 
policy and procedures— 
(1) are installed or connected to the Defense Switch Net-
work; but 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2519 
(2) have not been tested, validated, and certified by the 
Defense Information Systems Agency (Joint Interoperability 
Test Center). 
(e) INTEROPERABILITY RISKS.—On an ongoing basis, the Sec-
retary of Defense shall— 
(1) identify and assess the interoperability risks that are 
associated with the installation or connection of uncertified 
switches to the Defense Switch Network and the maintenance 
of such switches on the Defense Switch Network; and 
(2) develop and implement a plan to eliminate or mitigate 
such risks as identified. 
(f) TELECOM SWITCH DEFINED.—In this section, the term 
"telecom switch" means hardware or software designed to send 
and receive voice, data, or video signals across a network that 
provides customer voice, data, or video equipment access to the 
Defense Switch Network or public switched telecommunications 
networks. 
Subtitle G—Other Matters 
SEC. 361. DISTRIBUTION OF MONTHLY REPORTS ON ALLOCATION OF 
FUNDS WITHIN OPERATION AND MAINTENANCE BUDGET 
SUBACTIVITIES. 
(a) DESIGNATION OF RECIPIENTS.—Subsection (a) of section 228 
of title 10, United States Code, is amended by striking "to Congress" 
and inserting "to the congressional defense committees". 
(b) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—Sub-
section (e) of such section is amended— 
(1) by striking "(e) 
O&M 
BUDGET ACTIVITY DEFINED.— 
For purposes of this section, the" and inserting the following: 
"(e) DEFINITIONS.—In this section: 
"(1) The"; and 
(2) by adding at the end the following new paragraph: 
"(2) The term 'congressional defense committees' means 
the Committee on Armed Services and the Committee on Appro-
priations of the Senate and the Committee on Armed Services 
and the Committee on Appropriations of the House of Rep-
resentatives.". 
SEC. 362. CONTINUATION OF ARSENAL SUPPORT PROGRAM INITIA-
TIVE. 
(a) EXTENSION THROUGH FISCAL YEAR 2004.—Subsection (a) 
of section 343 of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Public Law 
106-398; 114 Stat. 1654A-65) is amended by striking "and 2002" 10USC4551 
and inserting "through 2004". 
note. 
(b) REPORTING REQUIREMENTS.—Subsection (g) of such section 
is amended— 
(1) in paragraph (1), by striking "2002" and inserting 
"2004"; and 
(2) in paragraph (2), by striking the first sentence and 
inserting the following new sentence: "Not later than July Deadline. 
1, 2003, the Secretary of the Army shall submit to the congres- Reports, 
sional defense committees a report on the results of the dem-
onstration program since its implementation, including the Sec-
retary's views regarding the benefits of the program for Army 
116 STAT. 2520 
PUBLIC LAW 107-314—DEC. 2, 2002 
manufacturing arsenals and the Department of the Army and 
the success of the program in achieving the purposes specified 
in subsection (b).". 
SEC. 363. EXTENSION OF WORK SAFETY DEMONSTRATION PROGRAM. 
(a) EXTENSION.—Section 1112 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into 
10 use 113 note, 
law by Public Law 106-398; 114 Stat. 1654A-313) is amended— 
(1) in subsection (d), by striking "September 30, 2002" 
and inserting "September 30, 2003"; and 
(2) in subsection (e)(2), by striking "December 1, 2002" 
and inserting "December 1, 2003". 
(b) REVISION OF REPORTING REQUIREMENTS.—Subsection (e)(2) 
of such section is further amended by striking "fiscal year 2002" 
both places it appears and inserting "fiscal years 2002 and 2003". 
SEC. 364. CONDITION ON AUTHORITY OF DEFENSE SECURITY SERVICE 
TO IMPOSE FEES ON FEE-FOR-SERVICE BASIS. 
The Secretary of Defense may not authorize the Defense Secu-
rity Service to impose fees on a fee-for-service basis for the inves-
tigative services provided by the Defense Security Service unless 
the Secretary certifies in advance to the Committee on Armed 
Services of the House of Representatives and the Committee on 
Armed Services of the Senate that the Defense Security Service 
has the financial systems in place to determine accurately the 
cost of such services. 
10 u s e 2302 
SEC. 365. LOGISTICS SUPPORT AND SERVICES FOR WEAPON SYSTEMS 
note. 
CONTRACTORS. 
(a) AUTHORITY.—^The Secretary of Defense may make available 
logistics support and logistics services to a contractor in support 
of the performance by the contractor of a contract for the construc-
tion, modification, or maintenance of a weapon system that is 
entered into by an official of the Department of Defense. 
(b) SUPPORT CONTRACTS.—^Any logistics support and logistics 
services to be provided under this section to a contractor in support 
of the performance of a contract described in subsection (a) shall 
be provided under a separate contract that is entered into by 
the Director of the Defense Logistics Agency with that contractor. 
Applicability. 
The requirements of section 2208(h) of title 10, United States Code, 
and the regulations prescribed pursuant to such section shall apply 
to the contract between the Director of the Defense Logistics Agency 
and the contractor. 
(c) SCOPE OF SUPPORT AND SERVICES.—The logistics support 
and logistics services that may be provided under this section 
in support of the performance of a contract described in subsection 
(a) are the distribution, disposal, and cataloging of materiel and 
repair parts necessary for the performance of that contract. 
(d) LIMITATIONS.—(1) The number of contracts described in 
subsection (a) for which the Secretary of Defense makes logistics 
support and logistics services available under the authority of this 
section may not exceed five contracts. The total amount of the 
estimated costs of all such contracts for which logistics support 
and logistics services are made available under this section may 
not exceed $100,000,000. 
(2) No contract entered into by the Director of the Defense 
Logistics Agency under subsection (b) may be for a period in excess 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2521 
of five years, including periods for which the contract is extended 
under options to extend the contract. 
(e) REGULATIONS.—Before exercising the authority under this 
section, the Secretary of Defense shall prescribe in regulations 
such requirements, conditions, and restrictions as the Secretary 
determines appropriate to ensure that logistics support and logistics 
services are provided under this section only when it is in the 
best interests of the United States to do so. The regulations shall 
include, at a minimum, the following: 
(1) A requirement for the authority under this section 
to be used only for providing logistics support and logistics 
services in support of the performance of a contract that is 
entered into using competitive procedures (as defined in section 
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)). 
(2) A requirement for the solicitation of offers for a contract 
described in subsection (a), for which logistics support and 
logistics services are to be made available under this section, 
to include— 
(A) a statement that the logistics support and logistics 
services are to be made available under the authority of 
this section to any contractor awarded the contract, but 
only on a basis that does not require acceptance of the 
support and services; and 
(B) a description of the range of the logistics support 
and logistics services that are to be made available to 
the contractor. 
(3) A requirement for the rates charged a contractor for 
logistics support and logistics services provided to a contractor 
under this section to reflect the full cost to the United States 
of the resources used in providing the support and services, 
including the costs of resources used, but not paid for, by 
the Department of Defense. 
(4) With respect to a contract described in subsection (a) 
that is being performed for a department or agency outside 
the Department of Defense, a prohibition, in accordance with 
applicable contracting procedures, on the imposition of any 
charge on that department or agency for any effort of Depart-
ment of Defense personnel or the contractor to correct defi-
ciencies in the performance of such contract. 
(5) A prohibition on the imposition of any charge on a 
contractor for any effort of the contractor to correct a deficiency 
in the performance of logistics support and logistics services 
provided to the contractor under this section. 
(f) RELATIONSHIP TO TREATY OBLIGATIONS.—^The Secretary shall 
ensure that the exercise of authority under this section does not 
conflict with any obligation of the United States under any treaty 
or other international agreement. 
(g) TERMINATION OF AUTHORITY.—(1) The authority provided 
in this section shall expire on September 30, 2007. 
(2) The expiration of the authority under this section does 
not terminate— 
(A) any contract that was entered into by the Director 
of the Defense Logistics Agency under subsection (b) before 
the date specified in paragraph (1) or any obligation to provide 
logistics support and logistics services under that contract; or 
116 STAT. 2522 
PUBLIC LAW 107-314—DEC. 2, 2002 
(B) any authority to enter into a contract described in 
subsection (a) for which a soHcitation of offers was issued 
in accordance with the regulations prescribed pursuant to sub-
section (e)(2) before the date specified in paragraph (1) or 
to provide logistics support and logistics services to the con-
tractor with respect to that contract in accordance with this 
section. 
10 use 113 note. 
SEC. 366. TRAINING RANGE SUSTAINMENT PLAN, GLOBAL STATUS OF 
RESOURCES AND TRAINING SYSTEM, AND TRAINING 
RANGE INVENTORY. 
(a) PLAN REQUIRED.—(1) The Secretary of Defense shall develop 
a comprehensive plan for using existing authorities available to 
the Secretary of Defense and the Secretaries of the military depart-
ments to address training constraints caused by limitations on 
the use of military lands, marine areas, and airspace that are 
available in the United States and overseas for training of the 
Armed Forces. 
(2) As part of the preparation of the plan, the Secretary of 
Defense shall conduct the following: 
(A) An assessment of current and future training range 
requirements of the Armed Forces. 
(B) An evaluation of the adequacy of current Department 
of Defense resources (including virtual and constructive training 
assets as well as military lands, marine areas, and airspace 
available in the United States and overseas) to meet those 
current and future training range requirements. 
(3) The plan shall include the following: 
(A) Proposals to enhance training range capabilities and 
address any shortfalls in current Department of Defense 
resources identified pursuant to the assessment and evaluation 
conducted under paragraph (2). 
(B) Goals and milestones for tracking planned actions and 
measuring progress. 
(C) Projected funding 
requirements for implementing 
planned actions. 
(D) Designation of an office in the Office of the Secretary 
of Defense and in each of the military departments that will 
have lead responsibility for overseeing implementation of the 
plan. 
Reports. 
(4) At the same time as the President submits to Congress 
the budget for fiscal year 2004, the Secretary of Defense shall 
submit to Congress a report describing the progress made in imple-
menting this subsection, including— 
(A) the plan developed under paragraph (1); 
(B) the results of the assessment and evaluation conducted 
under paragraph (2); and 
(C) any recommendations that the Secretary may have 
for legislative or regulatory changes to address training con-
straints identified pursuant to this section. 
Reports. 
(5) At the same time as the President submits to Congress 
the budget for each of fiscal years 2005 through 2008, the Secretary 
shall submit to Congress a report describing the progress made 
in implementing the plan and any additional actions taken, or 
to be taken, to address training constraints caused by limitations 
on the use of military lands, marine areas, and airspace. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2523 
(b) READINESS REPORTING IMPROVEMENT.—Not later than June Deadline. 
30, 2003, the Secretary of Defense, using existing measures within 
the authority of the Secretary, shall submit to Congress a report 
on the plans of the Department of Defense to improve the Global 
Status of Resources and Training System to reflect the readiness 
impact that training constraints caused by limitations on the use 
of military lands, marine areas, and airspace have on specific units 
of the Armed Forces. 
(c) TRAINING RANGE INVENTORY.—(1) The Secretary of Defense 
shall develop and maintain a training range inventory for each 
of the Armed Forces— 
(A) to identify all available operational training ranges; 
(B) to identify all training capacities and capabilities avail-
able at each training range; and 
(C) to identify training constraints caused by limitations 
on the use of military lands, marine areas, and airspace at 
each training range. 
(2) The Secretary of Defense shall submit an initial inventory 
to Congress at the same time as the President submits the budget 
for fiscal year 2004 and shall submit an updated inventory to 
Congress at the same time as the President submits the budget 
for fiscal years 2005 through 2008. 
(d) GAG EVALUATION.—^The Secretary of Defense shall transmit 
copies of each report required by subsections (a) and (b) to the 
Comptroller General. Within 60 days after receiving a report, the Deadline. 
Comptroller General shall submit to Congress an evaluation of 
the report. 
(e) ARMED FORCES DEFINED.—In this section, the term "Armed 
Forces" means the Army, Navy, Air Force, and Marine Corps. 
SEC. 367. ENGINEERING STUDY AND ENVIRONMENTAL ANALYSIS OF 
ROAD MODIFICATIONS IN VICINITY OF FORT BELVOIR, 
VIRGINIA. 
(a) STUDY AND ANALYSIS.—(1) The Secretary of the Army shall 
conduct a preliminary engineering study and environmental anal-
ysis to evaluate the feasibility of establishing a connector road 
between Richmond Highway (United States Route 1) and Telegraph 
Road in order to provide an alternative to Beulah Road (State 
Route 613) and Woodlawn Road (State Route 618) at Fort Belvoir, 
Virginia, which were closed as a force protection measure. 
(2) It is the sense of Congress that the study and analysis 
should consider as one alternative the extension of Old Mill Road 
between Richmond Highway and Telegraph Road. 
(b) CONSULTATION.—The study required by subsection (a) shall 
be conducted in consultation with the Department of Transportation 
of the Commonwealth of Virginia and Fairfax County, Virginia. 
(c) REPORT.—^The Secretary shall submit to Congress a sum-
mary report on the study and analysis required by subsection 
(a). The summary report shall be submitted together with the 
budget justification materials in support of the budget of the Presi-
dent for fiscal year 2006 that is submitted to Congress under 
section 1105(a) of title 31, United States Code. 
(d) FUNDING.—Of the amount authorized to be appropriated 
by section 301(a)(1) for the Army for operation and maintenance, 
$5,000,000 may be made available for the study and analysis 
required by subsection (a). 
116 STAT. 2524 
PUBLIC LAW 107-314—DEC. 2, 2002 
SEC. 368. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT 
PROGRAM. 
Section 391 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 10 U.S.C. 2304 note), as amended 
by section 364 of Public Law 107-107 (115 Stat. 1068), is further 
amended— 
(1) in subsection (f), by striking "September 30, 2003" and 
inserting "September 30, 2004"; and 
(2) by striking subsection (g). 
SEC. 369. EXPANDED ELIGIBILITY FOR LOAN, GIFT, OR EXCHANGE 
OF DOCUMENTS, HISTORICAL ARTIFACTS, AND CON-
DEMNED OR OBSOLETE COMBAT MATERIEL. 
Section 2572(a)(3) of title 10, United States Code, is amended 
by inserting before the period the following: "or a nonprofit military 
aviation heritage foundation or association incorporated in a State". 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—^Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength minimum levels. 
Sec. 403. Expanded authority for administrative increases in statutory active-duty 
end strengths. 
Sec. 404. General and flag officer management. 
Sec. 405. Extension of certain authorities relating to management of numbers of 
general and flag officers in certain CTades. 
Sec. 406. Increase in authorized strengths for Marine Corps officers on active duty 
in the grade of colonel. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2003 limitation on non-dual status technicians. 
Subtitle C—^Authorization of Appropriations 
Sec. 421. Authorization of appropriations for military personnel. 
Subtitle A—^Active Forces 
10 u s e 115 note. 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2003, as follows: 
(1) The Army, 480,000. 
(2) The Navy, 375,700. 
(3) The Marine Corps, 175,000. 
(4) The Air Force, 359,000. 
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS. 
(a) REVISED END STRENGTH FLOORS.—Subsection (b) of section 
691 of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking "376,000" and inserting 
"375,700"; 
(2) in paragraph (3), by striking "172,600" and inserting 
"175,000"; and 
(3) in paragraph (4), by striking "358,800" and inserting 
"359,000". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2525 
(b) 
REPEAL 
OF 
SECRETARY 
OF 
DEFENSE 
FLEXIBILITY 
AUTHORITY.—Subsection (e) of such section is repealed. 
SEC. 403. EXPANDED AUTHORITY FOR ADMINISTRATIVE INCREASES 
IN STATUTORY ACTIVE-DUTY END STRENGTHS. 
(a) SECRETARY OF DEFENSE AUTHORITY.—Subsection (c)(1) of 
section 115 of title 10, United States Code, is amended by striking 
"2 percent" and inserting "3 percent". 
(b) SERVICE SECRETARY AUTHORITY.—Such section is further 
amended by inserting after subsection (e) the following new sub-
section: 
"(f) Upon determination by the Secretary of a military depart-
ment that such action would enhance manning and readiness in 
essential units or in critical specialties or ratings, the Secretary 
may increase the end strength authorized pursuant to subsection 
(a)(1)(A) for a fiscal year for the armed force under the jurisdiction 
of that Secretary or, in the case of the Secretary of the Navy, 
for any of the armed forces under the jurisdiction of that Secretary. 
Any such increase for a fiscal year— 
"(1) shall be by a number equal to not more than 2 percent 
of such authorized end strength; and 
"(2) shall be counted as part of the increase for that armed 
force for that fiscal year authorized under subsection (c)(1).". 
SEC. 404. GENERAL AND FLAG OFFICER MANAGEMENT. 
(a) EXCLUSION OF SENIOR MILITARY ASSISTANT TO THE SEC-
RETARY OF DEFENSE FROM LIMITATION ON ACTIVE DUTY OFFICERS 
IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.—Effective 
Effective date. 
on the date specified in subsection (d), section 525(b) of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(8) An officer while serving in a position designated by the 
Secretary of Defense as Senior Military Assistant to the Secretary 
of Defense, if serving in the grade of lieutenant general or vice 
admiral, is in addition to the number that otherwise would be 
permitted for that officer's armed force for that grade under para-
graph (1) or (2). Only one officer may be designated as Senior 
Military Assistant to the Secretary of Defense for purposes of this 
paragraph.". 
(b) INCREASE IN NUMBER OF LIEUTENANT GENERALS AUTHOR-
IZED FOR THE MARINE CORPS.—Paragraph (2)(B) of such section 
is amended by striking "16.2 percent" and inserting "17.5 percent". 
(c) REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG 
lo use 525 note. 
OFFICER AUTHORIZATIONS.—(1) The Secretary of Defense shall Reports, 
submit to Congress a report containing any recommendations of 
the Secretary (together with the rationale of the Secretary for 
the recommendations) concerning the following: 
(A) Revision of the limitations on general and flag officer 
grade authorizations and distribution in grade prescribed by 
sections 525, 526, and 12004 of title 10, United States Code. 
(B) Statutory designation of the positions and grades of 
any additional general and flag officers in the commands speci-
fied in chapter 1006 of title 10, United States Code, and the 
reserve component offices specified in sections 3038, 5143, 5144, 
and 8038 of such title. 
(2) The provisions of subsection (b) through (e) of section 1213 Applicability, 
of the National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104-201; 110 Stat. 2694) shall apply to the report 
99-194O-03-4:QL3Part4 
116 STAT. 2526 
PUBLIC LAW 107-314—DEC. 2, 2002 
under paragraph (1) in the same manner as they applied to the 
report required by subsection (a) of that section. 
10 use 525 note. 
(d) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the receipt by Congress of the 
report required by subsection (c). 
SEC. 405. EXTENSION OF CERTAIN AUTHORITIES RELATING TO 
MANAGEMENT OF NUMBERS OF GENERAL AND FLAG 
OFFICERS IN CERTAIN GRADES. 
(a) SENIOR JOINT OFFICER POSITIONS.—Section 604(c) of title 
10, United States Code, is amended by striking "September 30, 
2003" and inserting "December 31, 2004". 
(b) DISTRIBUTION OF OFFICERS ON ACTIVE DUTY IN GENERAL 
AND FLAG OFFICER GRADES.—Section 525(b)(5)(C) of such title is 
amended by striking "September 30, 2003" and inserting "December 
31, 2004". 
(c) AUTHORIZED STRENGTH FOR GENERAL AND FLAG OFFICERS 
ON ACTIVE DUTY.—Section 526(b)(3) of such title is amended by 
striking "October 1, 2002" and inserting "December 31, 2004". 
SEC. 406. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS 
OFFICERS ON ACTIVE DUTY IN THE GRADE OF COLONEL. 
The table in section 523(a)(1) of title 10, United States Code, 
is amended by striking the figures under the heading "Colonel" 
in the portion of the table relating to the Marine Corps and inserting 
the following: 
"571 
632 
653 
673 
694 
715 
735". 
Subtitle B—Reserve Forces 
10 use 12001 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—^The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2003, as follows: 
(1) The Army National Guard of the United States, 350,000. 
(2) The Army Reserve, 205,000. 
(3) The Naval Reserve, 87,800. 
(4) The Marine Corps Reserve, 39,558. 
(5) The Air National Guard of the United States, 106,600. 
(6) The Air Force Reserve, 75,600. 
(7) The Coast Guard Reserve, 9,000. 
(b) ADJUSTMENTS.—^The end strengths prescribed by subsection 
(a) for the Selected Reserve of any reserve component shall be 
proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2527 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
Whenever such units or such individual members are released 
from active duty during any fiscal year, the end strength prescribed 
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately increased by the total authorized 
strengths of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP- 
10 USC 12001 
PORT OF THE RESERVES. 
note. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2003, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 24,562. 
(2) The Army Reserve, 14,070. 
(3) The Naval Reserve, 14,572. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United States, 11,727. 
(6) The Air Force Reserve, 1,498. 
SEC. 
413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
10 USC 115 note. 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2003 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army National Guard of the United States, 
24,102. 
(2) For the Army Reserve, 6,599. 
(3) For the Air National Guard of the United States, 
22,495. 
(4) For the Air Force Reserve, 9,911. 
SEC. 
414. FISCAL YEAR 2003 LIMITATION ON NON-DUAL STATUS 
TECHNICIANS. 
(a) 
ARMY.—The 
number 
of non-dual 
status 
technicians 
employed by the reserve components of the Army as of September 
30, 2003, may not exceed the following: 
(1) For the Army Reserve, 995. 
(2) For the Army National Guard of the United States, 
1,600, to be counted within the limitation specified in section 
10217(c)(2) of title 10, United States Code. 
(b) AIR FORCE.—The number of non-dual status technicians 
employed by the reserve components of the Army and the Air 
Force as of September 30, 2003, may not exceed the following: 
(1) For the Air Force Reserve, 90. 
(2) For the Air National Guard of the United States, 350, 
to be counted within the limitation specified in section 
10217(c)(2) of title 10, United States Code. 
(c) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 
the term "non-dual status technician" has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
(d) TECHNICAL AMENDMENTS.—Section 10217(c)(2) of title 10, 
United States Code, is amended— 
116 STAT. 2528 
PUBLIC LAW 107-314—DEC. 2, 2002 
(1) in the first sentence, by striking "Effective October 
1, 2002, the" and inserting "The"; and 
(2) in the second sentence, by striking "after the preceding 
sentence takes effect". 
Subtitle C—^Authorization of 
Appropriations 
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PER-
SONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2003 a total 
of $93,829,525,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2003. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Extension of good-of-the-service waiver authority for officers appointed to 
a Reserve Chief or Guard Director position. 
Sec. 502. Exclusion of certain officers from limitation on authority to grant a waiv-
er of required completion or sequencing for joint professional military 
education. 
Sec. 503. Extension and codification of authority for recall of retired aviators to ac-
tive duty. 
Sec. 504. Grades for certain positions. 
Sec. 505. Reinstatement of authority to reduce three-year time-in-grade require-
ment for retirement in grade for officers in grades above major and lieu-
tenant commander. 
Sec. 506. Authority to require that an officer take leave pending review of a rec-
ommendation for removal by a board of inquiry. 
Subtitle B—Reserve Component Management 
Sec. 511. Reviews of National Guard strength accounting and management and 
other issues. 
Sec. 512. Courts-martial for the National Guard when not in Federal service. 
Sec. 513. Fiscal year 2003 funding for military personnel costs of reserve compo-
nent Special Operations Forces personnel engaged in humanitarian as-
sistance activities relating to clearing of landmines. 
Sec. 514. Use of Reserves to perform duties relating to defense against terrorism. 
Sec. 515. Repeal of prohibition on use of Air Force Reserve AGR personnel for Air 
Force base seciuity functions. 
Subtitle C—Reserve Component Officer Personnel Policy 
Sec. 521. Eligibility for consideration for promotion to grade of major general for 
certain reserve component brigadier generals who do not otherwise 
qualify for consideration for promotion under the one-year rule. 
Sec. 522. Authority for limited extension of medical deferment of mandatory retire-
ment or separation of reserve component officers. 
Subtitle D—Enlistment, Education, and Training Programs 
Sec. 531. Enlistment incentives for pursuit of skills to facilitate national service. 
Sec. 532. Authority for phased increase to 4,400 in authorized strengths for the 
service academies. 
Sec. 533. Enhancement of reserve component delayed training program. 
Sec. 534. Review of Armed Forces programs for preparation for, participation in, 
and conduct of athletic competitions. 
Sec. 535. Repeal of bar to eligibility of Army College First program participants for 
benefits under student loan repayment program. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2529 
Subtitle E—Decorations, Awards, and Commendations 
Sec. 541. Waiver of time limitations for award of Army Distinguished-Service Cross 
to certain persons. 
Sec. 542. Option to convert award of Armed Forces Expeditionary Medal awarded 
for Operation Frequent Wind to Vietnam Service Medal. 
Sec. 543 . Korea Defense Service Medal. 
Sec. 544 . Commendation of military chaplains. 
Subtitle F—^Administrative Matters 
Sec. 551. Staffing and funding for Defense Prisoner of War/Missing Personnel Of-
fice. 
Sec. 552. Three-year freeze on reductions of personnel of agencies responsible for 
review and correction of military records. 
Sec. 553. Authority for acceptance of voluntary services of individuals as proctors 
for administration of Armed Services Vocational Aptitude Battery test. 
Sec. 554. Extension of temporary early retirement authority. 
Subtitle G—^Matters Relating to Minorities and Women in the Armed Forces 
Sec. 561. Surveys of racial and ethnic issues and of gender issues in the Armed 
Forces. 
Sec. 562. Annual report on status of female members of the Armed Forces. 
Sec. 563. Wear of abayas by female members of the Armed Forces in Saudi Arabia. 
Subtitle H—BeneHts 
Sec. 571. Department of Defense support for persons participating in military fu-
neral honors details. 
Sec. 572. Emergency leave of absence program. 
Sec. 573. Enhanced flexibility in medical loan repayment program. 
Sec. 574. Destinations authorized for Government paid transportation of enlisted 
personnel for rest and recuperation absence upon extending duty at des-
ignated locations overseas. 
Sec. 575. Vehicle storage in lieu of transportation when member is ordered to a 
nonforeign duty station outside continental United States. 
Subtitle I—Reports 
Sec. 581. Quadrennial q^uality of life review. 
Sec. 582. Report on desirability and feasibility of consolidating separate courses of 
basic instruction for judge advocates. 
Sec. 583. Reports on efforts to resolve status of Captain Michael Scott Speicher, 
United States Navy. 
Sec. 584. Report on volunteer services of members of the reserve components in 
emergency response to the terrorist attacks of September 11, 2001. 
Subtitle A—Officer Personnel Policy 
SEC. 501. EXTENSION OF GOOD-OF-THE-SERVICE WAIVER AUTHORITY 
FOR OFFICERS APPOINTED TO A RESERVE CHIEF OR 
GUARD DIRECTOR POSITION. 
(a) WAIVER OF REQUIREMENT FOR SIGNIFICANT JOINT DUTY 
EXPERIENCE.—Sections 3038(b)(4), 5143(b)(4), 5144(b)(4), 8038(b)(4), 
and 10506(a)(3)(D) of title 10, United States Code, are each amended 
by striking "October 1, 2003" and inserting "December 31, 2004". 
(b) REPORT ON FUTURE IMPLEMENTATION OF REQUIREMENT.— 
Not later than May 1, 2003, the Secretary of Defense shall submit Deadline, 
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report— 
(1) setting forth the steps that have been taken by the 
Secretary, the Secretaries of the military departments, and 
the Chairman of the Joint Chiefs of Staff to ensure that Reserve 
and National Guard officers receive significant joint duty 
experience; and 
(2) specifying the date by which no further extension of 
the waiver authority under the sections amended by subsection 
(a) will be required. 
116 STAT. 2530 
PUBLIC LAW 107-314—DEC. 2, 2002 
SEC. 502. EXCLUSION OF CERTAIN OFFICERS FROM LIMITATION ON 
AUTHORITY TO GRANT A WAIVER OF REQUIRED COMPLE-
TION OR SEQUENCING FOR JOINT PROFESSIONAL MILI-
TARY EDUCATION. 
10 use 661 note. 
(a) EXCLUSION FROM LIMITATION.—There shall be excluded from 
counting for purposes of the 10-percent limitation set forth in the 
last sentence of section 661(c)(3)(D) of title 10, United States Code 
(limiting the authority to grant waivers related to sequencing or 
completion of program of joint professional military education), 
any officer selected for the joint specialty who— 
(1) on December 28, 2001, met the requirements of section 
661(c) of such title for nomination for the joint specialty, but 
who had not been nominated for that specialty before that 
date by the Secretary of the military department concerned; 
and 
(2) before the date of the enactment of this Act was auto-
matically nominated for the joint specialty as a result of section 
661(b)(2) of such title. 
(b) TERMINATION.—^The provisions of subsection (a) shall termi-
nate on October 1, 2006. 
(c) CROSS-REFERENCE CORRECTION.—Section 661(c)(3)(E) of title 
10, United States Code, is amended by striking "subparagraph" 
and inserting "paragraph". 
SEC. 503. EXTENSION AND CODIFICATION OF AUTHORITY FOR RECALL 
OF RETIRED AVIATORS TO ACTIVE DUTY. 
(a) I N GENERAL.—(1) Chapter 39 of title 10, United States 
Code, is amended by inserting after section 688 the following new 
section: 
"§688a. Retired aviators: temporary authority to order to 
active duty 
"(a) AUTHORITY.—The Secretary of a military department may 
order to active duty a retired officer having expertise as an aviator 
to fill staff positions normally filled by aviators on active duty. 
Any such order may be made only with the consent of the officer 
ordered to active duty and in accordance with an agreement between 
the Secretary and the officer. 
"(b) DURATION.—^The period of active duty of an officer under 
an order to active duty under subsection (a) shall be specified 
in the agreement entered into under that subsection. 
"(c) LIMITATION.—No more than a total of 500 officers may 
be on active duty at any time under subsection (a). 
"(d) RELATIONSHIP TO OTHER AUTHORITY.—^The authority to 
order a retired officer to active duty under this section is in addition 
to the authority under section 688 of this title or any other provision 
of law authorizing the Secretary concerned to order a retired 
member to active duty. 
"(e) INAPPLICABILITY OF CERTAIN PROVISIONS.—Officers ordered 
to active duty under subsection (a) shall not be counted for purposes 
of section 688 or 690 of this title. 
"(f) EXPIRATION O F AUTHORITY.—^An officer may not be ordered 
to active duty under this section after September 30, 2008.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 688 
the following new item: 
"688a. Retired aviators: temporary authority to order to active duty.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2531 
(b) GRADE IN WHICH ORDERED TO ACTIVE DUTY AND UPON 
RELEASE FROM ACTIVE DUTY.—(1) Section 689 of such title is 
amended by inserting "or 688a" after "section 688" each place 
it appears. 
(2) The provisions of section 689(d) of title 10, United States Applicability. 
Code, shall apply with respect to an officer ordered to active duty 
10 USC 689 note, 
under section 501 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 589) before the 
date of the enactment of this Act in the same manner as such 
provisions apply to an officer ordered to active duty under section 
688 of such title. 
(c) TRANSITION PROVISION.—^Any officer ordered to active duty 
lo use 688a 
under section 501 of the National Defense Authorization Act for 
^o^-
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 589) who continues 
on active duty under such order to active duty after the date 
of the enactment of this Act shall be counted for purposes of 
the limitation under subsection (c) of section 688a of title 10, 
United States Code, as added by subsection (a). 
SEC. 504. GRADES FOR CERTAIN POSITIONS. 
(a) HEADS OF NURSE CORPS.—(1) Section 3069(b) of title 10, 
United States Code, is amended by striking 'TDrigadier general" 
in the second sentence and inserting "major general". 
(2) The first sentence of section 5150(c) of such title is 
amended— 
(A) by inserting "rear admiral, in the case of an officer 
in the Nurse Corps, or" after "for promotion to the grade 
of; and 
(B) by inserting ", in the case of an officer in the Medical 
Service Corps" after "rear admiral (lower half)". 
(3) Section 8069(b) of such title is amended by striking "briga-
dier general" in the second sentence and inserting "major general". 
(b) CHIEF OF VETERINARY CORPS OF THE ARMY.—(1) Chapter 
307 of such title is amended by adding at the end the following 
new section: 
"§3084. Chief of Veterinary Corps; grade 
"The Chief of the Veterinary Corps of the Army serves in 
the grade of brigadier general. An officer appointed to that position 
who holds a lower grade shall be appointed in the grade of brigadier 
general.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"3084. Chief of Veterinary Corps: grade.". 
(c) 
CHIEF OF LEGISLATIVE 
LIAISON OF THE ARMY.—(1)(A) 
Chapter 303 of such title is amended by adding at the end the 
following new section: 
"§ 3023. Chief of Legislative Liaison 
"(a) There is a Chief of Legislative Liaison in the Department 
of the Army. An officer assigned to that position shall be an officer 
in the grade of major general. 
"(b) The Chief of Legislative Liaison shall perform legislative 
affairs functions as specified for the Office of the Secretary of 
the Army by section 3014(c)(1)(F) of this title.". 
116 STAT. 2532 
PUBLIC LAW 107-314—DEC. 2, 2002 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"3023. Chief of Legislative Liaison.". 
(2) Section 3014(b) of such title is amended— 
(A) by redesignating paragraphs (6) and (7) as paragraphs 
(7) and (8), respectively; and 
(B) by inserting after paragraph (5) the following new 
paragraph (6): 
"(6) The Chief of Legislative Liaison.". 
(d) LEGISLATIVE AFFAIRS POSITIONS OF THE NAVY AND MARINE 
CORPS.—(1)(A) Chapter 503 of such title is amended by adding 
at the end the following new section: 
"§ 5027. Chief of Legislative Affairs 
"(a) There is a Chief of Legislative Affairs in the Department 
of the Navy. An officer assigned to that position shall be an officer 
in the grade of rear admiral. 
"(b) The Chief of Legislative Affairs shall perform legislative 
affairs functions as specified for the Office of the Secretary of 
the Navy by section 5014(c)(1)(F) of this title.". 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"5027. Chief of Legislative Affairs.". 
(2) Section 5014(b) of such title is amended— 
(A) by redesignating paragraphs (6) and (7) as paragraphs 
(7) and (8), respectively; and 
(B) by inserting after paragraph (5) the following new 
paragraph (6): 
"(6) The Chief of Legislative Affairs.". 
(3)(A) Chapter 506 of such title is amended by adding at the 
end the following new section: 
"§ 5047. Legislative Assistant to the Commandant 
"There is in the Marine Corps a Legislative Assistant to the 
Commandant. An officer assigned to that position shall be in a 
grade above colonel.". 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"5047. Legislative Assistant to the Commandant.". 
(e) CHIEF OF LEGISLATIVE LIAISON OF THE AIR FORCE.—(1)(A) 
Chapter 803 of such title is amended by adding at the end the 
following new section: 
"§8023. Chief of Legislative Liaison 
"(a) There is a Chief of Legislative Liaison in the Department 
of the Air Force. An officer assigned to that position shall be 
an officer in the grade of major general. 
"(b) The Chief of Legislative Liaison shall perform legislative 
affairs functions as specified for the Office of the Secretary of 
the Air Force by section 8014(c)(1)(F) of this title.". 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"8023. Chief of Legislative Liaison.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2533 
(2) Section 8014(b) of such title is amended— 
(A) by redesignating paragraphs (5) and (6) as paragraphs 
(6) and (7), respectively; and 
(B) by inserting after paragraph (4) the following new 
paragraph (5): 
"(5) The Chief of Legislative Liaison.", 
(f) TECHNICAL AMENDMENT TO PROVIDE CORRECT STATUTORY 
TITLE OF GRADE.—Section 5022(a)(2) of such title is amended by 
striking "(upper half)". 
SEC. 505. REINSTATEMENT OF AUTHORITY TO REDUCE THREE-YEAR 
TIME-IN-GRADE REQUmEMENT FOR RETIREMENT IN 
GRADE FOR OFFICERS IN GRADES ABOVE MAJOR AND 
LIEUTENANT COMMANDER. 
(a) OFFICERS ON ACTIVE DUTY.—Subsection (a)(2) of section 
1370 of title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking "during the period 
beginning on October 1, 1990, and ending on December 31, 
2001" and inserting "during the period beginning on October 
1, 2002, and ending on December 31, 2003"; 
(2) by redesignating subparagraphs (B) and (C) as subpara-
graphs (D) and (E), respectively; and 
(3) by inserting after subparagraph (A) the following new 
subparagraphs (B) and (C): 
"(B) In the case of an officer to be retired in a general or 
flag officer grade, authority provided by the Secretary of Defense 
to the Secretary of a military department under subparagraph 
(A) may be exercised with respect to that officer only if approved 
by the Secretary of Defense or another civilian official in the Office 
of the Secretary of Defense appointed by the President, by and 
with the advice and consent of the Senate. 
"(C) Authority provided by the Secretary of Defense to the 
Secretary of a military department under subparagraph (A) may 
be delegated within that military department only to a civilian 
official of that military department appointed by the President, 
by and with the advice and consent of the Senate.". 
(b) RESERVE OFFiCERS.^^ubsection (d) of such section is 
amended— 
(1) by designating the second sentence of paragraph (5) 
as paragraph (6) and in that paragraph by striking "this para-
graph" and inserting "paragraph (5)"; and 
(2) in paragraph (5)— 
(A) by inserting "(A)" after "(5)"; 
(B) by striking "in the case of retirements effective 
during the period beginning on October 17, 1998, and 
ending on December 31, 2001" and inserting "in the case 
of transfers to the Retired Reserve and discharges of retire-
ment-qualified officers effective during the period beginning 
on October 1, 2002, and ending on December 31, 2003"; 
and 
(C) by adding at the end (before paragraph (6) as 
designated by paragraph (1) of this subsection) the fol-
lowing new subparagraphs: 
"(B) In the case of a person who, upon transfer to the Retired 
Reserve or discharge, is to be credited with satisfactory service 
in a general or flag officer grade under paragraph (1), authority 
provided by the Secretary of Defense to the Secretary of a military 
116 STAT. 2534 
PUBLIC LAW 107-314—DEC. 2, 2002 
Regulations. 
department under subparagraph (A) may be exercised with respect 
to that person only if approved by the Secretary of Defense or 
another civiHan official in the Office of the Secretary of Defense 
appointed by the President, by and with the advice and consent 
of the Senate. 
"(C) Authority provided by the Secretary of Defense to the 
Secretary of a military department under subparagraph (A) may 
be delegated within that military department only to a civilian 
official of that military department appointed by the President, 
by and with the advice and consent of the Senate.". 
(c) ADVANCE NOTICE TO CONGRESS.—Such section is further 
amended by adding at the end the following new subsection: 
"(e) ADVANCE NOTICE TO CONGRESSIONAL COMMITTEES.—(1) In 
the case of an officer to be retired in a grade that is a general 
or flag officer grade who is eligible to retire in that grade only 
by reason of an exercise of authority under paragraph (2) of sub-
section (a) to reduce the three-year service-in-grade requirement 
otherwise applicable under that paragraph, the Secretary of 
Defense, before the officer is retired in that grade, shall notify 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives of the exercise 
of authority under that paragraph with respect to that officer. 
"(2) In the case of a person to be credited under subsection 
(d) with satisfactory service in a grade that is a general or flag 
officer grade who is eligible to be credited with such service in 
that grade only by reason of an exercise of authority under para-
graph (5) of that subsection to reduce the three-year service-in-
grade requirement otherwise applicable under paragraph (3)(A) of 
that subsection, the Secretary of Defense, before the person is 
credited with such satisfactory service in that grade, shall notify 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives of the exercise 
of authority under paragraph (5) of that subsection with respect 
to that officer. 
"(3) In the case of an officer to whom subsection (c) applies, 
the requirement for notification under paragraph (1) is satisfied 
if the notification is included in the certification submitted with 
respect to that officer under paragraph (1) of such subsection.". 
SEC. 506. AUTHORITY TO REQUIRE THAT AN OFFICER TAKE LEAVE 
PENDING 
REVIEW 
OF A 
RECOMMENDATION FOR 
REMOVAL BY A BOARD OF INQUIRY. 
(a) REQUIREMENT.—Section 1182(c) of title 10, United States 
Code, is amended— 
(1) by inserting "(1)" after "(c)"; and 
(2) by adding at the end the following new paragraph: 
"(2) Under regulations prescribed by the Secretary concerned, 
an officer as to whom a board of inquiry makes a recommendation 
under paragraph (1) that the officer not be retained on active 
duty may be required to take leave pending the completion of 
the officer's case under this chapter. The officer may be required 
to begin such leave at any time following the officer's receipt of 
the report of the board of inquiry, including the board's rec-
ommendation for removal from active duty, and the expiration 
of any period allowed for submission by the officer of a rebuttal 
to that report. The leave may be continued until the date on 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2535 
which action by the Secretary concerned on the officer's case is 
completed or may be terminated at any earher time.". 
(b) 
PAYMENT FOR MANDATORY EXCESS 
LEAVE UPON 
DIS-
APPROVAL OF CERTAIN INVOLUNTARY SEPARATION RECOMMENDA-
TIONS.—Chapter 40 of such title is amended by inserting after 
section 707 the following new section: 
"§707a. Payment upon disapproval of certain board of 
inquiry 
recommendations 
for 
excess 
leave 
required to be taken 
"(a) An officer— 
"(1) who is required to take leave under section 1182(c)(2) 
of this title, any period of which is charged as excess leave 
under section 706(a) of this title, and 
"(2) whose recommendation for removal from active duty 
in a report of a board of inquiry is not approved by the Secretary 
concerned under section 1184 of this title, 
shall be paid, as provided in subsection (b), for the period of leave 
charged as excess leave. 
"(b)(1) An officer entitled to be paid under this section shall 
be deemed, for purposes of this section, to have accrued pay and 
allowances for each day of leave required to be taken under section 
1182(c)(2) of this title that is charged as excess leave (except any 
day of accrued leave for which the officer has been paid under 
section 706(b)( 1) of this title and which has been charged as excess 
leave). 
"(2) The officer shall be paid the amount of pay and allowances 
that is deemed to have accrued to the officer under paragraph 
(1), reduced by the total amount of his income from wages, salaries, 
tips, other personal service income, unemployment compensation, 
and public assistance benefits from any Government agency during 
the period the officer is deemed to have accrued pay and allowances. 
Except as provided in paragraph (3), such payment shall be made Deadline, 
within 60 days after the date on which the Secretary concerned 
decides not to remove the officer from active duty. 
"(3) If an officer is entitled to be paid under this section, 
but fails to provide sufficient information in a timely manner 
regarding the officer's income when such information is requested 
under regulations prescribed under subsection (c), the period of 
time prescribed in paragraph (2) shall be extended until 30 days 
after the date on which the member provides the information 
requested. 
"(c) This section shall be administered under uniform regula- Regulations, 
tions prescribed by the Secretaries concerned. The regulations may 
provide for the method of determining an officer's income during 
any period the officer is deemed to have accrued pay and allowances, 
including a requirement that the officer provide income tax returns 
and other documentation to verify the amount of the officer's 
income.". 
(c) CONFORMING AMENDMENTS.—(1) Section 706 of such title 
is amended— 
(A) by inserting "or 1182(c)(2)" after "section 876a" in sub-
sections (a), (b)(1), (b)(2), and (c); and 
(B) by striking "section 707" in subsection (b)(2) and 
inserting "sections 707 and 707a". 
(2) The heading for such section is amended to read as follows: 
116 STAT. 2536 
PUBLIC LAW 107-314—DEC. 2, 2002 
"§ 706. Administration of leave required to be taken". 
(d) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 40 of such title is amended— 
(1) by striking the item relating to section 706 and inserting 
the following: 
"706. Administration of leave required to be taken."; 
and 
(2) by inserting after the item relating to section 707 the 
following new item: 
"707a. Payment upon disapproval of certain board of inquiry recommendations for 
excess leave required to be taken.". 
Subtitle B—Reserve Component 
Management 
SEC. 511. REVIEWS OF NATIONAL GUARD STRENGTH ACCOUNTING AND 
MANAGEMENT AND OTHER ISSUES. 
DeadUne. 
(a) COMPTROLLER GENERAL ASSESSMENTS.—^Not l a t e r t h a n one 
Reports. 
year after the date of the enactment of this Act, the Comptroller 
32 use 104 note. General shall submit to Congress a report on management of the 
National Guard. The report shall include the following: 
(1) The Comptroller General's assessment of the effective-
ness of the implementation of Department of Defense plans 
for improving management and accounting for personnel 
strengths in the National Guard, including an assessment of 
the process that the Department of Defense, the National Guard 
Bureau, the Army National Guard and State-level National 
Guard leadership, and leadership in the other reserve compo-
nents have for identifying and addressing in a timely manner 
specific units in which nonparticipation rates are significantly 
in excess of the established norms. 
(2) The Comptroller General's assessment of the effective-
ness of the process for Federal recognition of senior National 
Guard officers and recommendations for improvement to that 
process. 
(3) The Comptroller General's assessment of the process 
for, and the nature and extent of, the administrative or judicial 
corrective action taken by the Secretary of Defense, the Sec-
retary of the Army, and the Secretary of the Air Force as 
a result of Inspector G^eneral investigations or other investiga-
tions in which allegations against senior National Guard offi-
cers are substantiated in whole or in part. 
(4) The Comptroller 
General's determination 
of the 
effectiveness of the Federal protections provided for members 
or employees of the National Guard who report allegations 
of waste, fraud, abuse, or mismanagement and the nature 
and extent to which corrective action is taken against those 
in the National Guard who retaliate against such members 
or employees. 
(b) SECRETARY OF DEFENSE REPORT ON DIFFERENT ARMY AND 
Deadline. 
AiR FORCE PROCEDURES.—^Not later than six months after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to Congress a report on the differing Army and Air Force policies 
for taking adverse administrative actions against National Guard 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2537 
officers in a State status. The report shall include the Secretary's 
determination as to whether changes should be made in those 
policies. 
SEC. 512. COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT 
IN FEDERAL SERVICE. 
(a) MANNER OF PRESCRIBING PUNISHMENTS.—Section 326 of 
title 32, United States Code, is amended by adding at the end 
the following new sentence: "Punishments shall be as provided 
by the laws of the respective States and Territories, Puerto Rico, 
and the District of Columbia.". 
(b) CONVENING AUTHORITY.—Section 327 of such title is 
amended to read as follows: 
"§327. Courts-martial of National Guard not in Federal 
service: convening authority 
"(a) In the National Guard not in Federal service, general, 
special, and summary courts-martial may be convened as provided 
by the laws of the respective States and Territories, Puerto Rico, 
and the District of Columbia. 
"(b) In the National Guard not in Federal service— 
"(1) general courts-martial may be convened by the Presi-
dent; 
"(2) special courts-martial may be convened— 
"(A) by the commanding officer of a garrison, fort, 
post, camp, air base, auxiliary air base, or other place 
where members of the National Guard are on duty; or 
"(B) by the commanding officer of a division, brigade, 
regiment, 
wing, 
group, 
detached 
battalion, 
separate 
squadron, or other detached command; and 
"(3) summarj' courts-martial may be convened— 
"(A) by the commanding officer of a garrison, fort, 
post, camp, air base, auxiliary air base, or other place 
where members of the National Guard are on duty; or 
"(B) by the commanding officer of a division, brigade, 
regiment, 
wing, group, detached 
battalion, 
detached 
squadron, detached company, or other detachment. 
"(c) The convening authorities provided under subsection (b) 
are in addition to the convening authorities provided under sub-
section (a).". 
(c) REPEAL OF SUPERSEDED AND OBSOLETE PROVISIONS.—(1) 
Sections 328, 329, 330, 331, 332, and 333 of title 32, United States 
Code, are repealed. 
(2) The provisions of law repealed by paragraph (1) shall con- Applicability, 
tinue to apply with respect to courts-martial convened in the 32 USC 328 note. 
National Guard not in Federal service before the date of the enact-
ment of this Act. 
(d) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 3 of such title is amended by striking the items 
relating to sections 327, 328, 329, 330, 331, 332, and 333 and 
inserting the following: 
"327. Courts-martial of National Guard not in Federal service: convening author-
ity.". 
(e) MODELS FOR STATE CODE OF MILITARY JUSTICE AND STATE 32 use 327 note. 
MANUAL FOR COURTS-MARTIAL.—(1) The Secretary of Defense shall 
prepare a model State code of military justice and a model State 
116 STAT. 2538 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
Reports. 
manual for courts-martial to recommend to the States for use 
with respect to the National Guard not in Federal service. Both 
such models shall be consistent with the recommendations con-
tained in the report that was issued in 1998 by the Department 
of Defense Panel to Study Military Justice in the National Guard 
not in Federal Service. 
(2) The Secretary shall ensure that adequate support for the 
preparation of the model State code of military justice and the 
model State manual for courts-martial (including the detailing of 
attorneys and other personnel) is provided by the General Counsel 
of the Department of Defense, the Secretary of the Army, the 
Secretary of the Air Force, and the Chief of the National Guard 
Bureau. 
(3) If the funds available to the Chief of the National Guard 
Bureau are insufficient for paying the cost of the National Guard 
Bureau support required under paragraph (2) (including increased 
costs of pay of members of the National Guard for additional active 
duty necessitated by such requirement and increased cost of detailed 
attorneys and other staff, allowances, and travel expenses related 
to such support), the Secretary shall, upon request made by the 
Chief of the Bureau, provide such additional funding as the Sec-
retary determines necessary to satisfy the requirement for such 
support. 
(4) Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit a report on the actions 
taken to carry out this subsection to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives. The report shall include proposals 
in final form of both the model State code of military justice and 
the model State manual for courts-martial required by paragraph 
(1), together with a discussion of the efforts being made to present 
those proposals to the States for their consideration for enactment 
or adoption, respectively. 
(5) In this subsection, the term "State" includes the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
and Guam. 
SEC. 513. FISCAL YEAR 2003 FUNDING FOR MILITARY PERSONNEL 
COSTS OF RESERVE COMPONENT SPECIAL OPERATIONS 
FORCES 
PERSONNEL 
ENGAGED 
IN 
HUMANITARIAN 
ASSISTANCE ACTIVITIES RELATING TO CLEARING OF 
LANDMINES. 
(a) 
USE 
OF 
RESERVE 
COMPONENT 
MILITARY 
PERSONNEL 
FUNDS.—Fiscal year 2003 reserve component military personnel 
funds may be used for military personnel expenses of reserve compo-
nent Special Operations forces that are incurred during fiscal year 
2003 in connection with landmine clearance assistance, notwith-
standing section 401(c)(1) of title 10, United States Code. 
(b) REIMBURSEMENT REQUIREMENT.—Fiscal year 2003 reserve 
component military personnel funds shall be reimbursed from fiscal 
year 2003 landmine clearance assistance funds for all military 
personnel expenses of reserve component Special Operations forces 
that are incurred during fiscal year 2003 in connection with land-
mine clearance assistance. Such reimbursement shall be made in 
each instance to the reserve component military personnel account 
that incurred the expense. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2539 
(c) LIMITATION.—The amount of reserve component military 
personnel expenses incurred during fiscal year 2003 for landmine 
clearance assistance may not exceed 10 percent of the amount 
of fiscal year 2003 landmine clearance assistance funds. 
(d) DEFINITIONS.—For purposes of this section: 
(1) LANDMINE CLEARANCE ASSISTANCE.—The term "land-
mine clearance assistance" means humanitarian and civic 
assistance provided under section 401 of title 10, United States 
Code, that is described in subsection (e)(5) of that section. 
(2) FISCAL YEAR 2003 LANDMINE CLEARANCE ASSISTANCE 
FUNDS.—The term "fiscal year 2003 landmine clearance assist-
ance funds" means the total amount appropriated for fiscal 
year 2003 in operations and maintenance accounts of the 
Department of Defense that is provided for landmine clearance 
assistance. 
(3) FISCAL YEAR 2003 RESERVE COMPONENT MILITARY PER-
SONNEL FUNDS.—^The term "fiscal year 2003 reserve component 
military personnel funds" means amounts appropriated for 
fiscal year 2003 for military personnel expenses of a reserve 
component of the Department of Defense. 
(4) MILITARY PERSONNEL EXPENSES.—The term "military 
personnel expenses" means expenses properly chargeable to 
a military personnel account of the Department of Defense. 
(e) LEGISLATIVE PROPOSAL.—^The Secretary of Defense shall 
submit to Congress, as part of the budget request of the Department 
of Defense for fiscal year 2004, a legislative proposal that would 
ensure that military personnel expenses for both active and reserve 
component military personnel providing landmine clearance assist-
ance are specified in detail and are budgeted to be authorized 
and appropriated from the appropriate military personnel accounts. 
SEC. 514. USE OF RESERVES TO PERFORM DUTIES RELATING TO 
DEFENSE AGAINST TERRORISM. 
(a) 
USE OF RESERVES TO PERFORM DUTIES RELATING TO 
DEFENSE AGAINST TERRORISM.—Section 12304(b) of title 10, United 
States Code, is amended by striking "involving" and all that follows 
and inserting "involving— 
"(1) a use or threatened use of a weapon of mass destruc-
tion; or 
"(2) a terrorist attack or threatened terrorist attack in 
the United States that results, or could result, in catastrophic 
loss of life or property.". 
(b) CONFORMING AMENDMENT RELATING TO FULL-TIME SUPPORT 
OF GUARD AND RESERVE PERSONNEL.—Section 12310(c)(1) of such 
title is amended by striking "involving" and all that follows and 
inserting "involving— 
"(A) the use of a weapon of mass destruction (as defined 
in section 12304(i)(2) of this title); or 
"(B) a terrorist attack or threatened terrorist attack in 
the United States that results, or could result, in catastrophic 
loss of life or property.". 
SEC. 515. REPEAL OF PROHIBITION ON USE OF AIR FORCE RESERVE 
AGR PERSONNEL FOR AIR FORCE BASE SECURITY FUNC-
TIONS. 
(a) REPEAL.—Section 12551 of title 10, United States Code, 
is repealed. 
116 STAT. 2540 
PUBLIC LAW 107-314—DEC. 2, 2002 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1215 of such title is amended by striking the 
item relating to section 12551. 
Subtitle C—Reserve Component Officer 
Personnel Policy 
SEC. 521. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION TO 
GRADE OF MAJOR GENERAL FOR CERTAIN RESERVE 
COMPONENT 
BRIGADIER 
GENERALS 
WHO 
DO 
NOT 
OTHERWISE QUALIFY FOR CONSIDERATION FOR PRO-
MOTION UNDER THE ONE-YEAR RULE. 
Section 14301(g) of title 10, United States Code, is amended 
to read as follows: 
"(g) BRIGADIER GENERALS.—(1) An officer who is a reserve 
component brigadier general of the Army or the Air Force who 
is not eligible for consideration for promotion under subsection 
(a) because the officer is not on the reserve active status list 
(as required by paragraph (1) of that subsection for such eligibility) 
is nevertheless eligible for consideration for promotion to the grade 
of major general by a promotion board convened under section 
14101(a) of this title if— 
"(A) as of the date of the convening of the promotion 
board, the officer has been in an inactive status for less than 
one year; and 
"(B) immediately before the date of the officer's most recent 
transfer to an inactive status, the officer had continuously 
served on the reserve active status list or the active-duty list 
(or a combination of the reserve active status list and the 
active-duty list) for at least one year. 
"(2) An officer who is a reserve component brigadier general 
of the Army or the Air Force who is on the reserve active status 
list but who is not eligible for consideration for promotion under 
subsection (a) because the officer's service does not meet the one-
year-of-continuous-service requirement under paragraph (2) of that 
subsection is nevertheless eligible for consideration for promotion 
to the grade of major general by a promotion board convened 
under section 14101(a) of this title if— 
"(A) the officer was transferred from an inactive status 
to the reserve active status list during the one-year period 
preceding the date of the convening of the promotion board; 
"(B) immediately before the date of the officer's most recent 
transfer to an active status, the officer had been in an inactive 
status for less than one year; and 
"(C) immediately before the date of the officer's most recent 
transfer to an inactive status, the officer had continuously 
served for at least one year on the reserve active status list 
or the active-duty list (or a combination of the reserve active 
status list and the active-duty list).". 
SEC. 
522. AUTHORITY 
FOR 
LIMITED 
EXTENSION 
OF 
MEDICAL 
DEFERMENT OF MANDATORY RETIREMENT OR SEPARA-
TION OF RESERVE COMPONENT OFFICERS. 
(a) AUTHORITY.—Chapter 1407 of title 10, United States Code, 
is amended by adding at the end the following new section: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2541 
"§ 14519. Deferment of retirement or separation for medical 
reasons 
"(a) AUTHORITY.—If, in the case of an officer required to be 
retired or separated under this chapter or chapter 1409 of this 
title, the Secretary concerned determines that the evaluation of 
the physical condition of the officer and determination of the officer's 
entitlement to retirement or separation for physical disability 
require hospitalization or medical observation and that such hos-
pitalization or medical observation cannot be completed with con-
fidence in a manner consistent with the officer's well being before 
the date on which the officer would otherwise be required to retire 
or be separated, the Secretary may defer the retirement or separa-
tion of the officer. 
"(b) PERIOD OF DEFERMENT.—^A deferral of retirement or separa-
tion under subsection (a) may not extend for more than 30 days 
after the completion of the evaluation requiring hospitalization 
or medical observation.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"14519. Deferment of retirement or separation for medical reasons.". 
Subtitle D—Enlistment, Education, and 
Training Programs 
SEC. 
531. ENLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO 
FACILITATE NATIONAL SERVICE, 
(a) AUTHORITY.—(1) Chapter 31 of title 10, United States Code, 
is amended by inserting after section 509 the following new section: 
"§510. Enlistment incentives for pursuit of skills to facilitate 
national service 
"(a) 
ENLISTMENT 
INCENTIVE 
PROGRAM.—The 
Secretary 
of 
Defense shall carry out an enlistment incentive program in accord-
ance with this section under which a person who is a National 
Call to Service participant shall be entitled to one of the incentives 
specified in subsection (e). The program shall be carried out during 
the period ending on December 31, 2007, and may be carried 
out after that date. 
"(b) NATIONAL CALL TO SERVICE PARTICIPANT.—In this section, 
the term 'National Call to Service participant' means a person 
who has not previously served in the armed forces who enters 
into an original enlistment pursuant to a written agreement with 
the Secretary of a military department (in such form and manner 
as may be prescribed by that Secretary) under which the person 
agrees to perform a period of national service as specified in sub-
section (c). 
"(c) NATIONAL SERVICE.—The total period of national service 
to which a National Call to Service participant is obligated under 
the agreement under this section shall be specified in the agree-
ment. Under the agreement, the participant shall— 
"(1) upon completion of initial entry training (as prescribed 
by the Secretary of Defense), serve on active duty in a military 
occupational specialty designated by the Secretary of Defense 
under subsection (d) for a period of 15 months; 
116 STAT. 2542 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(2) upon completion of the period of active duty specified 
in paragraph (1) and without a break in service, serve either 
(A) an additional period of active duty as determined by the 
Secretary of Defense, or (B) a period of 24 months in an active 
status in the Selected Reserve; and 
"(3) upon completion of the period of service specified in 
paragraph (2), and without a break in service, serve the 
remaining 
period of obligated 
service 
specified in the 
agreement— 
"(A) on active duty in the armed forces; 
"(B) in the Selected Reserve; 
"(C) in the Individual Ready Reserve; 
"(D) in the Peace Corps, Americorps, or another 
national service program jointly designated by the Sec-
retary of Defense and the head of such program for pur-
poses of this section; or 
"(E) in any combination of service referred to in sub-
paragraphs (A) through (D) that is approved by the Sec-
retary of the military department concerned pursuant to 
regulations prescribed by the Secretary of Defense and 
specified in the agreement. 
"(d) DESIGNATED MILITARY OCCUPATIONAL SPECIALTIES.—The 
Secretary of Defense shall designate military occupational special-
ties for purposes of subsection (c)(1). Such military occupational 
specialties shall be military occupational specialties that, as deter-
mined by the Secretary, will facilitate pursuit of national service 
by National Call to Service participants. 
"(e) INCENTIVES.—The incentives specified in this subsection 
are as follows: 
"(1) Payment of a bonus in the amount of $5,000. 
"(2) Payment in an amount not to exceed $18,000 of out-
standing principal and interest on qualif3dng student loans 
of the National Call to Service participant. 
"(3) Entitlement to an allowance for educational assistance 
at the monthly rate equal to the monthly rate payable for 
basic educational assistance allowances under section 3015(a)(1) 
of title 38 for a total of 12 months. 
"(4) Entitlement to an allowance for educational assistance 
at the monthly rate equal to 50 percent of the monthly rate 
payable for basic educational assistance allowances under sec-
tion 3015(b)(1) of title 38 for a total of 36 months. 
"(f) ELECTION OF INCENTIVE.—^A National Call to Service partici-
pant shall elect in the agreement under subsection (b) which incen-
tive under subsection (e) to receive. An election under this sub-
section is irrevocable. 
"(g) PAYMENT OF BONUS AMOUNTS.—(1) Payment to a National 
Call to Service participant of the bonus elected by the National 
Call to Service participant under subsection (e)(1) shall be made 
in such time and manner as the Secretary of Defense shall prescribe. 
"(2)(A) Payment of outstanding principal and interest on the 
qualifying student loans of a National Call to Service participant, 
as elected under subsection (e)(2), shall be made in such time 
and manner as the Secretary of Defense shall prescribe. 
"(B) Payment under this paragraph of the outstanding principal 
and interest on the qualifying student loans of a National Call 
to Service participant shall be made to the holder of such student 
loans, as identified by the National Call to Service participant 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2543 
to the Secretary of the mihtary department concerned for purposes 
of such payment. 
"(3) Payment of a bonus or incentive in accordance with this 
subsection shall be made by the Secretary of the military depart-
ment concerned. 
"(h) 
COORDINATION WITH MONTGOMERY GI BILL BENEFITS.— 
(1)(A) Subject to subparagraph (B), a National Call to Service 
participant who elects an incentive under paragraph (3) or (4) 
of subsection (e) is not entitled to additional educational assistance 
under chapter 1606 of this title or to basic educational assistance 
under subchapter II of chapter 30 of title 38. 
"(B) If a National Call to Service participant meets all eligibility 
requirements specified in chapter 1606 of this title or chapter 
30 of title 38 for entitlement to allowances for educational assistance 
under either such chapter, the participant may become eligible 
for allowances for educational assistance benefits under either such 
chapter up to the maximum allowance provided less the total 
amount of allowance paid under paragraph (3) or (4) of subsection 
(e). 
"(2)(A) The Secretary of Defense shall, to the maximum extent 
practicable, administer the receipt by National Call to Service 
participants of incentives under paragraph (3) or (4) of subsection 
(e) as if such National Call to Service participants were, in receiving 
such incentives, receiving educational assistance for members of 
the Selected Reserve under chapter 1606 of this title. 
"(B) The Secretary of Defense shall, in consultation with the Regulations. 
Secretary of Veterans Affairs, prescribe regulations for purposes 
of subparagraph (A). Such regulations shall, to the maximum extent 
practicable, take into account the administrative provisions of chap-
ters 30 and 36 of title 38 that are specified in section 16136 
of this title. 
"(3)(A) Except as provided in paragraph (1), nothing in this 
section shall prohibit a National Call to Service participant who 
satisfies through service under subsection (c) the eligibility require-
ments for educational assistance under chapter 1606 of this title 
or basic educational assistance under chapter 30 of title 38 from 
an entitlement to such educational assistance under chapter 1606 
of this title or basic educational assistance under chapter 30 of 
title 38, as the case may be. 
"(B)(i) A participant who made an election not to receive edu-
cational assistance under either such chapter at the applicable 
time specified under law or who was denied the opportunity to 
make an election may revoke that election or make an initial 
election, as the case may be, at such time and in such manner 
as the Secretary concerned may specify. A revocation or initial 
election under the preceding sentence is irrevocable. 
"(ii) The participant making a revocation or initial election 
under clause (i) shall be eligible for educational assistance under 
either such chapter at such time as the participant satisfies through 
service the applicable eligibility requirements under either such 
chapter. 
"(i) REPAYMENT.—(1) If a National Call to Service participant 
who has entered into an agreement under subsection (b) and 
received or benefited from an incentive under subsection (e)(1) 
or (e)(2) fails to complete the total period of service specified in 
such agreement, the National Call to Service participant shall 
refund to the United States the amount that bears the same ratio 
116 STAT. 2544 
PUBLIC LAW 107-314—DEC. 2, 2002 
10 u s e 510 note. 
Deadline. 
Deadline. 
10 u s e 510 note. 
to the amount of the incentive as the uncompleted part of such 
service bears to the total period of such service. 
"(2) Subject to paragraph (3), an obligation to reimburse the 
United States imposed under paragraph (1) is for all purposes 
a debt owed to the United States. 
"(3) The Secretary concerned may waive, in whole or in part, 
a reimbursement required under paragraph (1) if the Secretary 
concerned determines that recovery would be against equity and 
good conscience or would be contrary to the best interests of the 
United States. 
"(4) A discharge in bankruptcy under title 11 that is entered 
into less than five years after the termination of an agreement 
entered into under subsection (b) does not discharge the person 
signing the agreement from a debt arising under the agreement 
or under paragraph (1). 
"(j) FUNDING.—^Amounts for payment of incentives under sub-
section (e), including pa3anent of allowances for educational assist-
ance under that subsection, shall be derived from amounts available 
to the Secretary of the military department concerned for payment 
of pay, allowances, and other expenses of the members of the 
armed force concerned. 
"(k) REGULATIONS.—^The Secretary of Defense and the Secre-
taries of the military departments shall prescribe regulations for 
purposes of the program under this section. 
"(1) DEFINITIONS.—In this section: 
"(1) The term 'Americorps' means the Americorps program 
carried out under subtitle C of title I of the National and 
Community Service Act of 1990 (42 U.S.C. 12571 et seq.). 
"(2) The term 'qualifying student loan' means a loan, the 
proceeds of which were used to pay any part or all of the 
cost of attendance (as defined in section 472 of the Higher 
Education Act of 1965 (20 U.S.C. 108711) at an institution 
of higher education (as defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
"(3) The term 'Secretary of a military department' includes, 
with respect to matters concerning the Coast Guard when 
it is not operating as a service in the Navy, the Secretary 
of the Department in which the Coast Guard is operating.". 
(2) The table of sections at the beginning of that chapter is 
amended by inserting after the item relating to section 509 the 
following new item: 
"510. Enlistment incentives for pursuit of skills to facilitate national service.". 
(b) COMMENCEMENT OF PROGRAM.—The Secretary of Defense 
shall prescribe the date on which the program provided for section 
510 of title 10, United States Code, as added by subsection (a), 
shall commence. Such date shall be not later than October 1, 
2003. 
(c) CONFORMING REPEAL.—Section 3264 of title 10, United 
States Code, is repealed. The table of sections at the beginning 
of chapter 333 of such title is amended by striking the item relating 
to section 3264. 
(d) IMPLEMENTATION REPORT.—Not later than March 31, 2003, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the Secretary's plans for implementation of section 510 of title 
10, United States Code, as added by subsection (a). 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2545 
(e) EFFECTIVENESS REPORTS.—Not later than March 31, 2005, Deadlines. 
and March 31, 2007, the Secretary of Defense shall submit to 10 USC 510 note, 
the committees specified in subsection (d) reports on the effective-
ness of the program under section 510 of title 10, United States 
Code, as added by subsection (a), in attracting new recruits to 
national service. 
SEC. 532. AUTHORITY FOR PHASED INCREASE TO 4,400 IN AUTHORIZED 
STRENGTHS FOR THE SERVICE ACADEMIES. 
(a) MILITARY ACADEMY.—Section 4342 of title 10, United States 
Code, is amended— 
(1) in subsection (a), by inserting before the period at 
the end of the first sentence the following: "or such higher 
number as may be prescribed by the Secretary of the Army 
under subsection (j)"; and 
(2) by adding at the end the following new subsection: 
"(j)(l) Beginning with the 2003-2004 academic year, the Sec-
retary of the Army may prescribe annual increases in the cadet 
strength limit in effect under subsection (a). For any academic 
year, any such increase shall be by no more than 100 cadets 
or such lesser number as applies under paragraph (3) for that 
year. Such annual increases may be prescribed until the cadet 
strength limit is 4,400. However, no increase may be prescribed 
for any academic year after the 2007-2008 academic year. 
"(2) Any increase in the cadet strength limit under paragraph 
(1) with respect to an academic year shall be prescribed not later 
than the date on which the budget of the President is submitted 
to Congress under section 1105 of title 31 for the fiscal year begin-
ning in the same year as the year in which that academic year 
begins. Whenever the Secretary prescribes such an increase, the 
Secretary shall submit to Congress a notice in writing of the 
increase. The notice shall state the amount of the increase in 
the cadet strength limit and the new cadet strength limit, as so 
increased, and the amount of the increase in Senior Army Reserve 
Officers' Training Corps enrollment under each of sections 2104 
and 2107 of this title. 
"(3) The amount of an increase under paragraph (1) in the 
cadet strength limit for an academic year may not exceed the 
increase (if any) for the preceding academic year in the total number 
of cadets enrolled in the Army Senior Reserve Officers' Training 
Corps program under chapter 103 of this title who have entered 
into an agreement under section 2104 or 2107 of this title. 
"(4) In this subsection, the term 'cadet strength limit' means 
the authorized maximum strength of the Corps of Cadets of the 
Academy.". 
(b) NAVAL ACADEMY.—Section 6954 of title 10, United States 
Code, is amended— 
(1) in subsection (a), by inserting before the period at 
the end of the first sentence the following: "or such higher 
number as may be prescribed by the Secretary of the Navy 
under subsection (h)"; and 
(2) by adding at the end the following new subsection: 
"(h)(1) Beginning with the 2003-2004 academic year, the Sec-
retary of the Navy may prescribe annual increases in the mid-
shipmen strength limit in effect under subsection (a). For any 
academic year, any such increase shall be by no more than 100 
midshipmen or such lesser number as applies under paragraph 
116 STAT. 2546 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
Notice. 
Deadline. 
Notice. 
(3) for that year. Such annual increases may be prescribed until 
the midshipmen strength limit is 4,400. However, no increase may 
be prescribed for any academic year after the 2007-2008 academic 
year. 
"(2) Any increase in the midshipmen strength limit under para-
graph (1) with respect to an academic year shall be prescribed 
not later than the date on which the budget of the President 
is submitted to Congress under section 1105 of title 31 for the 
fiscal year beginning in the same year as the year in which that 
academic year begins. Whenever the Secretary prescribes such an 
increase, the Secretary shall submit to Congress a notice in writing 
of the increase. The notice shall state the amount of the increase 
in the midshipmen strength limit and the new midshipmen strength 
limit, as so increased, and the amount of the increase in Senior 
Navy Reserve Officers' Training Corps enrollment under each of 
sections 2104 and 2107 of this title. 
"(3) The amount of an increase under paragraph (1) in the 
midshipmen strength limit for an academic year may not exceed 
the increase (if any) for the preceding academic year in the total 
number of midshipmen enrolled in the Navy Senior Reserve Officers' 
Training Corps program under chapter 103 of this title who have 
entered into an agreement under section 2104 or 2107 of this 
title. 
"(4) In this subsection, the term 'midshipmen strength limit' 
means the authorized maximum strength of the Brigade of Mid-
shipmen.". 
(c) AIR FORCE ACADEMY.—Section 9342 of title 10, United States 
Code, is amended— 
(1) in subsection (a), by inserting before the period at 
the end of the first sentence the following: "or such higher 
number as may be prescribed by the Secretary of the Air 
Force under subsection (j)"; and 
(2) by adding at the end the following new subsection: 
"(j)(l) Beginning with the 2003-2004 academic year, the Sec-
retary of the Air Force may prescribe annual increases in the 
cadet strength limit in effect under subsection (a). For any academic 
year, any such increase shall be by no more than 100 cadets 
or such lesser number as applies under paragraph (3) for that 
year. Such annual increases may be prescribed until the cadet 
strength limit is 4,400. However, no increase may be prescribed 
for any academic year after the 2007-2008 academic year. 
"(2) Any increase in the cadet strength limit under paragraph 
(1) with respect to an academic year shall be prescribed not later 
than the date on which the budget of the President is submitted 
to Congress under sections 1105 of title 31 for the fiscal year 
beginning in the same year as the year in which that academic 
year begins. Whenever the Secretary prescribes such an increase, 
the Secretary shall submit to Congress a notice in writing of the 
increase. The notice shall state the amount of the increase in 
the cadet strength limit and the new cadet strength limit, as so 
increased, and the amount of the increase in Senior Air Force 
Reserve Officers' Training Corps enrollment under each of sections 
2104 and 2107 of this title. 
"(3) The amount of an increase under paragraph (1) in the 
cadet strength limit for an academic year may not exceed the 
increase (if any) for the preceding academic year in the total number 
of cadets enrolled in the Air Force Senior Reserve Officers' Training 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2547 
Corps program under chapter 103 of this title who have entered 
into an agreement under section 2104 or 2107 of this title. 
"(4) In this subsection, the term 'cadet strength limit' means 
the authorized maximum strength of Air Force Cadets of the 
Academy.". 
(d) TARGET FOR INCREASES IN NUMBER OF R O T C SCHOLARSHIP 
PARTICIPANTS.—Section 2107 of such title is amended by adding 
at the end the following new subsection: 
"(i) The Secretary of each military department shall seek to 
achieve an increase in the number of agreements entered into 
under this section so as to achieve an increase, by the 2006-
2007 academic year, of not less than 400 in the number of cadets 
or midshipmen, as the case may be, enrolled under this section, 
compared to such number enrolled for the 2002-2003 academic 
year. In the case of the Secretary of the Navy, the Secretary 
shall seek to ensure that not less than one-third of such increase 
in agreements under this section are with students enrolled (or 
seeking to enroll) in programs of study leading to a baccalaureate 
degree in nuclear engineering or another appropriate technical, 
scientific, or engineering field of study.". 
(e) REPEAL OF LIMIT ON NUMBER OF ROTC SCHOLARSHIPS.— 
Section 2107 of such title is further amended by striking the first 
sentence of subsection (h)(1). 
(f) REPEAL OF OBSOLETE LANGUAGE.—Section 4342(i) of such 
title is amended by striking "(beginning with the 2001-2002 aca-
demic year)". 
SEC. 533. ENHANCEMENT 
OF RESERVE 
COMPONENT 
DELAYED 
TRAINING PROGRAM. 
(a) INCREASE IN TIME FOLLOWING ENLISTMENT FOR COMMENCE-
MENT O
F INITIAL PERIOD OF ACTIVE DUTY FOR TRAINING.—Section 
12103(d) of title 10, United States Code, is amended by striking 
"270 days" in the last sentence and inserting "one year". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall apply with respect to enlistments under section 12103(d) 
of title 10, United States Code, after the end of the 90-day period 
beginning on the date of the enactment of this Act. 
(c) TRANSITION.—In the case of a person who enlisted under 
section 12103(d) of title 10, United States Code, before the date 
of the enactment of this Act and who as of such date has not 
commenced the required initial period of active duty for training 
under that section, the amendment made by subsection (a) may 
be applied to that person, but only with the agreement of that 
person and the Secretary concerned. 
SEC. 534. REVIEW OF ARMED FORCES PROGRAMS FOR PREPARATION 
FOR, PARTICIPATION IN, AND CONDUCT OF ATHLETIC 
COMPETITIONS. 
(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall 
conduct a comprehensive review of the programs of the active 
and reserve components of the Armed Forces for preparation for, 
participation in, and conduct of athletic competitions. 
(b) CONSIDERATION OF FUNDING.—The matters reviewed under 
subsection (a) shall include the funding sources that are currently 
available for the programs referred to in such subsection and any 
relevant limitations on the use of such funding sources. 
(c) REPORT.—Not later than March 3, 2003, the Secretary shall 
submit to the Committees on Armed Services of the Senate and 
10 use 12103 
note. 
10 use 12103 
note. 
Deadline. 
116 STAT. 2548 
PUBLIC LAW 107-314—DEC. 2, 2002 
the House of Representatives a report on the Secretary's findings 
and conclusions resulting from the review. The report shall include 
the following matters: 
(1) The Secretary's views on the adequacy of the existing 
funding sources for the programs referred to in subsection 
(a). 
(2) Any recommendations that the Secretary may have 
regarding limitations on the use of such funding sources or 
any inadequacies in the funding for such programs. 
(3) An assessment of the issues related to, and rec-
ommendations of the Secretary for, achieving consistent funding 
and policy treatment with regard to participation by active 
and reserve component personnel in athletic competitions. 
(4) Any recommended legislation that the Secretary con-
siders appropriate regarding such programs. 
SEC. 535. REPEAL OF BAR TO ELIGIBILITY OF ARMY COLLEGE FIRST 
PROGRAM PARTICIPANTS FOR BENEFITS UNDER STU-
DENT LOAN REPAYMENT PROGRAM. 
Subsection (e) of section 573 of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 513 
note) is repealed. 
Subtitle E—Decorations and Awards 
SEC, 541. WAIVER OF TIME LIMITATIONS FOR AWARD OF ARMY DISTIN-
GUISHED-SERVICE 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 subsection (b), the award of each such 
decoration having been determined by the Secretary of the Army 
to be warranted in accordance with section 1130 of title 10, United 
States Code. 
ApplicabiUty. 
(b) D I S T I N G U I S H E D - S E R V I C E 
C R O S S OF THE A R M Y . — S u b s e c t i o n 
(a) applies to the award of the Distinguished-Service Cross of the 
Army as follows: 
(1) To Henry Johnson of Albany, New York, for extraor-
dinary heroism in France during the period of May 13 to 
15, 1918, while serving as a member of the Army. 
(2) To Hilliard Carter of Jackson, Mississippi, for extraor-
dinary heroism in actions near Troung Loung, Republic of 
Vietnam, on September 28, 1966, while serving as a member 
of the Army. 
(3) To Albert C. Welch of Florrisant, Colorado, for extraor-
dinary heroism in actions in Ong Thanh, Binh Long Province, 
Republic of Vietnam, on October 17, 1967, while serving as 
a member of the Army. 
SEC. 542. OPTION TO CONVERT AWARD OF ARMED FORCES EXPEDI-
TIONARY MEDAL AWARDED FOR OPERATION FREQUENT 
WIND TO VIETNAM SERVICE MEDAL. 
(a) IN GENERAL.—The Secretary of the military department 
concerned shall, upon the application of an individual who is an 
eligible Vietnam evacuation veteran, award that individual the 
Vietnam Service Medal, notwithstanding any otherwise applicable 
requirements for the award of that medal. Any such award shall 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2549 
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 evacuation veteran" 
means a member or former member of the Armed Forces who 
was awarded the Armed Forces Expeditionary Medal for participa-
tion in military operations designated as Operation Frequent Wind 
arising from the evacuation of Vietnam on April 29 and 30, 1975. 
SEC. 543. KOREA DEFENSE SERVICE MEDAL. 
(a) FINDINGS.—Congress makes the following findings: 
lO USC 3755 
(1) More than 40,000 members of the United States Armed note. 
Forces have served in the Republic of Korea or the waters 
adjacent thereto each year since the signing of the cease-fire 
agreement in July 1953 ending the Korean War. 
(2) An estimated 1,200 members of the United States 
Armed Forces have died as a direct result of their service 
in Korea since the cease-fire agreement in July 1953. 
(b) ARMY.—(1) Chapter 357 of title 10, United States Code, 
is 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 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 appropriate for terminating eligi-
bility for the Korea Defense Service Medal. 
"(c) The Secretary of the Army shall prescribe service require-
ments for eligibility for the Korea Defense Service Medal. Those 
requirements shall not be more stringent than the service require-
ments for award of the Armed Forces Expeditionary Medal for 
instances in which the award of that medal is authorized.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"3755. Korea Defense Service Medal.". 
(c) NAVY AND MARINE CORPS.—(1) Chapter 567 of title 10, 
United States Code, is amended by adding at the end the following 
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 adjacent thereto during the ICDSM 
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 
116 STAT. 2550 
PUBLIC LAW 107-314—DEC. 2, 2002 
by the Secretary of Defense to be appropriate for terminating eligi-
bility for the Korea Defense Service Medal. 
"(c) The Secretary of the Navy shall prescribe service require-
ments for eligibility for the Korea Defense Service Medal. Those 
requirements shall not be more stringent than the service require-
ments for award of the Armed Forces Expeditionary Medal for 
instances in which the award of that medal is authorized.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"6257. Korea Defense Service Medal.". 
(d) AIR FORCE.—(1) Chapter 857 of title 10, United States 
Code, is 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 campaign 
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 thereto 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 appropriate for terminating eligi-
bility for the Korea Defense Service Medal. 
"(c) The Secretary of the Air Force 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 Expeditionary Medal 
for instances in which the award of that medal is authorized.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"8755. Korea Defense Service Medal.". 
10 use 3755 
(e) AWARD FOR SERVICE BEFORE DATE OF ENACTMENT.—^The 
note- 
Secretary of the military department concerned shall take appro-
priate 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 or the waters adjacent thereto before 
the date of the enactment of this Act. 
SEC. 544. COMMENDATION OF MILITARY CHAPLAINS. 
(a) FINDINGS.—Congress finds the following: 
(1) Military chaplains have served with those who fought 
for the cause of freedom since the founding of the Nation. 
(2) Military chaplains and religious support personnel of 
the Armed Forces have served with distinction as uniformed 
members of the Armed Forces in support of the Nation's defense 
missions during every conflict in the history of the United 
States. 
(3) 400 United States military chaplains have died in com-
bat, some as a result of direct fire while ministering to fallen 
Americans, while others made the ultimate sacrifice as a pris-
oner of war. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2551 
(4) Military chaplains currently serve in humanitarian 
operations, rotational deployments, and in the war on terrorism. 
(5) Religious organizations make up the very fabric of reli-
gious diversity and represent unparalleled levels of freedom 
of conscience, speech, and worship that set the United States 
apart from any other nation on Earth. 
(6) Religious organizations have richly blessed the uni-
formed services by sending clergy to comfort and encourage 
all persons of faith in the Armed Forces. 
(7) During the sinking of the USS Dorchester in February 
1943 during World War II, four chaplains (Reverend Fox, Rev-
erend Poling, Father Washington, and Rabbi Goode) gave their 
lives so that others might live. 
(8) All military chaplains aid and assist members of the 
Armed Forces and their family members with the challenging 
issues of today's world. 
(9) The current war against terrorism has brought to the 
shores of the United States new threats and concerns that 
strike at the beliefs and emotions of Americans. 
(10) Military chaplains must, as never before, deal with 
the spiritual well-being of the members of the Armed Forces 
and their families. 
(b) COMMENDATION.—Congress, on behalf of the Nation, 
expresses its appreciation for the outstanding contribution that 
all military chaplains make to the members of the Armed Forces 
and their families. 
(c) PRESIDENTIAL PROCLAMATION.—^The President is authorized 
and requested to issue a proclamation calling on the people of 
the United States to recognize the distinguished service of the 
Nation's military chaplains. 
Subtitle F—^Administrative Matters 
SEC. 551. STAFFING AND FUNDING FOR DEFENSE PRISONER OF WAR/ 
MISSING PERSONNEL OFFICE. 
(a) 
REQUIREMENT FOR STAFFING AND FUNDING AT LEVELS 
REQUIRED FOR PERFORMANCE OF FULL RANGE OF MISSIONS.—Sub-
section (a) of section 1501 of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
"(5)(A) The Secretary of Defense shall ensure that the office 
is provided sufficient military and civilian personnel, and sufficient 
funding, to enable the office to fully perform the complete range 
of missions of the office. The Secretary shall ensure that Depart-
ment of Defense programming, planning, and budgeting procedures 
are structured so as to ensure compliance with the preceding sen-
tence for each fiscal year. 
"(B) For any fiscal year, the number of military and civilian 
personnel assigned or detailed to the office may not be less than 
the number requested in the President's budget for fiscal year 
2003, unless a level below such number is expressly required by 
law. 
"(C) For any fiscal year, the level of funding allocated to the 
office within the Department of Defense may not be below the 
level requested for such purposes in the President's budget for 
fiscal year 2003, unless such a level of funding is expressly required 
by law.". 
116 STAT. 2552 
PUBLIC LAW 107-314—DEC. 2, 2002 
(b) NAME OF OFFICE.—Such subsection is further amended by 
inserting after the first sentence of paragraph (1) the following 
new sentence: "Such office shall be known as the Defense Prisoner 
of War/Missing Personnel Office.". 
SEC. 552. THREE-YEAR FREEZE ON REDUCTIONS OF PERSONNEL OF 
AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION 
OF MILITARY RECORDS. 
(a) IN GENERAL.—Chapter 79 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 1559. Personnel limitation 
"(a) LIMITATION.—During fiscal years 2003, 2004, and 2005, 
the Secretary of a military department may not carry out any 
reduction in the number of military and civilian personnel assigned 
to duty with the service review agency for that military department 
below the baseline number for that agency until— 
"(1) the Secretary submits to Congress a report that— 
"(A) describes the reduction proposed to be made; 
"(B) provides the Secretary's rationale for that reduc-
tion; and 
"(C) specifies the number of such personnel that would 
be assigned to duty with that agency after the reduction; 
and 
"(2) a period of 90 days has elapsed after the date on 
which the report is submitted. 
"(b) BASELINE NUMBER.—^The baseline number for a service 
review agency under this section is— 
"(1) for purposes of the first report with respect to a service 
review agency under this section, the number of military and 
civilian personnel assigned to duty with that agency as of 
January 1, 2002; and 
"(2) for purposes of any subsequent report with respect 
to a service review agency under this section, the number 
of such personnel specified in the most recent report with 
respect to that agency under this section. 
"(c) SERVICE REVIEW AGENCY DEFINED.—In this section, the 
term 'service review agency' means— 
"(1) with respect to the Department of the Army, the Army 
Review Boards Agency; 
"(2) with respect to the Department of the Navy, the Board 
for Correction of Naval Records; and 
"(3) with respect to the Department of the Air Force, the 
Air Force Review Boards Agency.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"1559. Personnel limitation.". 
SEC. 553. AUTHORITY FOR ACCEPTANCE OF VOLUNTARY SERVICES 
OF INDIVIDUALS AS PROCTORS FOR ADMINISTRATION 
OF ARMED SERVICES VOCATIONAL APTITUDE BATTERY 
TEST. 
Section 1588(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
note. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2553 
"(6) Voluntary services as a proctor for administration to 
secondary school students of the test known as the 'Armed 
Services Vocational Aptitude Battery'.". 
SEC. 
554. 
EXTENSION 
OF 
TEMPORARY 
EARLY 
RETIREMENT 
AUTHORITY. 
Effective January 1, 2002, section 4403(i) of the National 
Effective date. 
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293 10 USC 1293 
note) is amended by striking "December 31, 2001" and inserting 
"September 1, 2002". 
Subtitle G—Matters Relating to Minorities 
and Women in the Armed Forces 
SEC. 561. SURVEYS OF RACIAL AND ETHNIC ISSUES AND OF GENDER 
ISSUES IN THE ARMED FORCES. 
(a) DIVISION OF ANNUAL SURVEY INTO FOUR QUADRENNIAL SUR-
VEYS.—(1) Section 481 of title 10, United States Code, is amended 
to read as follows: 
"§ 481. Racial and ethnic issues; gender issues: surveys 
"(a) IN GENERAL.—(1) The Secretary of Defense shall carry 
out four quadrennial surveys (each in a separate year) in accordance 
with this section to identify and assess racial and ethnic issues 
and discrimination, and to identify and assess gender issues and 
discrimination, among members of the armed forces. Each such 
survey shall be conducted so as to identify and assess the extent 
(if any) of activity among such members that may be seen as 
so-called 'hate group' activity. 
"(2) The four surveys shall be as follows: 
"(A) To identify and assess racial and ethnic issues and 
discrimination among members of the armed forces serving 
on active duty. 
"(B) To identify and assess racial and ethnic issues and 
discrimination among members of the armed forces in the 
reserve components. 
"(C) To identify and assess gender issues and discrimina-
tion among members of the armed forces serving on active 
duty. 
"(D) To identify and assess gender issues and discrimina-
tion members of the armed forces in the reserve components. 
"(3) The surveys under this section relating to racial and ethnic 
issues and discrimination shall be known as the 'Armed Forces 
Workplace and Equal Opportunity Surveys'. The surveys under 
this section relating to gender issues and discrimination shall be 
known as the 'Armed Forces Workplace and Gender Relations Sur-
veys'. 
"(4) Each survey under this section shall be conducted sepa-
rately from any other survey conducted by the Department of 
Defense. 
"(b) ARMED FORCES WORKPLACE AND EQUAL OPPORTUNITY SUR-
VEYS.—The Armed Forces Workplace and Equal Opportunity Sur-
veys shall be conducted so as to solicit information on racial and 
ethnic issues, including issues relating to harassment and discrimi-
nation, and the climate in the armed forces for forming professional 
relationships among members of the armed forces of various racial 
116 STAT. 2554 
PUBLIC LAW 107-314—DEC. 2, 2002 
and ethnic groups. Both such surveys shall be conducted so as 
to solicit information on the following: 
"(1) Indicators of positive and negative trends for profes-
sional and personal relationships among members of all racial 
and ethnic groups. 
"(2) The effectiveness of Department of Defense policies 
designed to improve relationships among all racial and ethnic 
groups. 
"(3) The effectiveness of current processes for complaints 
on and investigations into racial and ethnic discrimination. 
"(c) ARMED FORCES WORKPLACE AND GENDER RELATIONS SUR-
VEYS.—The Armed Forces Workplace and Grender Relations Surveys 
shall be conducted so as to solicit information on gender issues, 
including issues relating to gender-based harassment and discrimi-
nation, and the climate in the armed forces for forming professional 
relationships between male and female members of the armed 
forces. Both such surveys shall be conducted so as to solicit informa-
tion on the following: 
"(1) Indicators of positive and negative trends for profes-
sional and personal relationships between male and female 
members of the armed forces. 
"(2) The effectiveness of Department of Defense policies 
designed to improve professional relationships between male 
and female members of the armed forces. 
"(3) The effectiveness of current processes for complaints 
on and investigations into gender-based discrimination. 
"(d) SURVEYS TO BE CONDUCTED IN DIFFERENT YEARS.—Each 
of the four quadrennial surveys conducted under this section shall 
be conducted in a different year from any other survey conducted 
under this section, so that one such survey is conducted during 
each year. 
"(e) REPORTS TO CONGRESS.—Upon the completion of a survey 
under this section, the Secretary shall submit to Congress a report 
containing the results of the survey. 
"(f) INAPPLICABILITY TO COAST GUARD.—This section does not 
apply to the Coast Guard.". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 23 of such title is amended to read 
as follows: 
"481. Racial and ethnic issues; gender issues: surveys.". 
10 use 481 note. 
(b) EFFECTIVE DATE.—The first survey under section 481 of 
title 10, United States Code, as amended by subsection (a)(1), 
shall be carried out during 2003. 
10 u s e 481 note. 
SEC. 562. ANNUAL REPORT ON STATUS OF FEMALE MEMBERS OF THE 
ARMED FORCES. 
(a) REQUIREMENT FOR REPORT.—The Secretary of Defense shall 
submit to Congress, for each of fiscal years 2002 through 2006, 
a report on the status of female members of the Armed Forces. 
Information in the annual report shall be shown for the Department 
of Defense as a whole and separately for each of the Army, Navy, 
Air Force, and Marine Corps. 
(b) MATTERS TO BE INCLUDED.—The report for a fiscal year 
under subsection (a) shall include the following information: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2555 
(1) The positions, weapon systems, and fields of skills for 
which, by policy, female members are not eligible for assign-
ment, as follows: 
(A) In the report for fiscal year 2002— 
(i) an identification of each position, weapon 
system, and field of skills for which, by policy, female 
members are not eligible; and 
(ii) the rationale for the applicability of the policy 
to each such position, weapon system, and field. 
(B) In the report for each fiscal year after fiscal year 
2002, the positions, weapon systems, and fields for which 
policy on the eligibility of female members for assignment 
has changed during that fiscal year, including a discussion 
of how the policy has changed and the rationale for the 
change. 
(2) Information on joint spouse assignments, as follows: 
(A) The number of cases in which members of the 
Armed Forces married to each other are in assignments 
to which they were jointly assigned during that fiscal year, 
as defined in the applicable Department of Defense and 
military department personnel assignment policies. 
(B) The number of cases in which members of the 
Armed Forces married to each other are in assignments 
to which they were assigned during that fiscal year, but 
were not jointly assigned (as so defined). 
(3) Promotion selection rates for female members, for male 
members, and for all personnel in the reports submitted by 
promotion selection boards in that fiscal year for promotion 
to grades E-7, E-8, and E-9, and, in the case of commissioned 
officers, promotion to grades 0-4, 0-5, and 0-6. 
(4) Retention rates for female members in each grade and 
for male members in each grade during that fiscal year. 
(5) Selection rates for female members and for male mem-
bers for assignment to grade 0-6 and grade 0-5 command 
positions in reports of command selection boards that were 
submitted during that fiscal year. 
(6) Selection rates for female members and for male mem-
bers for attendance at intermediate service schools (IBS) and, 
separately, for attendance at senior service schools (SSS) in 
reports of selection boards that were submitted during that 
fiscal year. 
(7) The extent of assignments of female members during 
that fiscal year in each field in which at least 80 percent 
of the Armed Forces personnel assigned in the field are men. 
(8) The incidence of sexual harassment complaints made 
during that fiscal year, stated as the number of cases in which 
complaints of sexual harassment were filed under procedures 
of military departments that are applicable to the submission 
of sexual harassment complaints, together with the number 
and percent of the complaints that were substantiated. 
(9) Satisfaction (based on surveys) of female active-duty 
members, female dependents of active-duty members, and 
female dependents of nonactive duty members entitled to health 
care provided by the Department of Defense with access to, 
and quality of, women's health care benefits provided by the 
Department of Defense. 
116 STAT. 2556 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
(c) TiME FOR REPORT.—The report for a fiscal year under this 
section shall be submitted not later than 120 days after the end 
of that fiscal year. 
SEC, 563. WEAR OF ABAYAS BY FEMALE MEMBERS OF THE ARMED 
FORCES IN SAUDI ARABIA. 
(a) PROHIBITION RELATING TO WEAR OF ABAYAS.—^No member 
of the Armed Forces having authority over a member of the Armed 
Forces and no officer or employee of the United States having 
authority over a member of the Armed Forces may require or 
encourage that member to wear the abaya garment or any part 
of the abaya garment while the member is in the Kingdom of 
Saudi Arabia pursuant to a permanent change of station or orders 
for temporary duty. 
(b) INSTRUCTION.—(1) The Secretary of Defense shall provide 
each female member of the Armed Forces ordered to a permanent 
change of station or temporary duty in the Kingdom of Saudi 
Arabia with instruction regarding the prohibition in subsection 
(a). Such instruction shall be provided immediately upon or not 
more than 48 hours prior to the arrival of the member at a United 
States military installation within the Kingdom of Saudi Arabia. 
The instruction shall be presented orally and in writing. The written 
instruction shall include the full text of this section. 
(2) In carrying out paragraph (1), the Secretary shall act 
through the Commander in Chief, United States Central Command 
and Joint Task Force Southwest Asia, and the commanders of 
the Army, Navy, Air Force, and Marine Corps components of the 
United States Central Command and Joint Task Force Southwest 
Asia. 
(c) PROHIBITION ON USE OF FUNDS FOR PROCUREMENT OF 
ABAYAS.—Funds appropriated or otherwise made available to the 
Department of Defense may not be used to procure abayas for 
regular or routine issuance to members of the Armed Forces serving 
in the Kingdom of Saudi Arabia or for any personnel of contractors 
accompanying the Armed Forces in the Kingdom of Saudi Arabia 
in the performance of contracts entered into by the United States 
with such contractors. 
Subtitle H—Benefits 
SEC. 571. DEPARTMENT OF DEFENSE SUPPORT FOR PERSONS PARTICI-
PATING IN MILITARY FUNERAL HONORS DETAILS. 
Section 1491(d) of title 10, United States Code, is amended— 
(1) by striking "To provide a" after "SUPPORT.—" and 
inserting "(1) To support a"; 
(2) by redesignating paragraph (1) as subparagraph (A) 
and amending such subparagraph, as so redesignated, to read 
as follows: 
"(A) For a person who participates in a funeral honors 
detail (other than a person who is a member of the armed 
forces not in a retired status or an employee of the United 
States), either transportation (or reimbursement for transpor-
tation) and expenses or the daily stipend prescribed under 
paragraph (2)."; 
(3) by redesignating paragraph (2) as subparagraph (B) 
and in that subparagraph— 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2557 
(A) by striking "Materiel, equipment, and training for" 
and inserting "For"; and 
(B) by inserting before the period at the end "and 
for members of the armed forces in a retired status, mate-
riel, equipment, and training"; 
(4) by redesignating paragraph (3) as subparagraph (C) 
and in that subparagraph— 
(A) by striking "Articles of clothing for" and inserting 
"For"; and 
(B) by inserting ", articles of clothing" after "subsection 
(b)(2)"; and 
(5) by adding at the end the following new paragraphs: 
"(2) The Secretary of Defense shall prescribe annually a flat 
rate daily stipend for purposes of paragraph (1)(A). Such stipend 
shall be set at a rate so as to encompass typical costs for transpor-
tation and other miscellaneous expenses for persons participating 
in funeral honors details who are members of the armed forces 
in a retired status and other persons who are not members of 
the armed forces or employees of the United States. 
"(3) A stipend paid under this subsection to a member of 
the armed forces in a retired status is in addition to any compensa-
tion to which the member is entitled under section 435(a)(2) of 
title 37 and any other compensation to which the member may 
be entitled.". 
SEC. 572. EMERGENCY LEAVE OF ABSENCE PROGRAM. 
(a) IN GENERAL.—Chapter 40 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 709. Emergency leave of absence 
"(a) EMERGENCY LEAVE OF ABSENCE.—^The Secretary concerned 
may grant a member of the armed forces emergency leave of absence 
for a qualifying emergency. 
"(b) LIMITATIONS.—^An emergency leave of absence under this 
section— 
"(1) may be granted only once for any member; 
"(2) may be granted only to prevent the member from 
entering unearned leave status or excess leave status; and 
"(3) may not extend for a period of more than 14 days. 
"(c) QUALIFYING EMERGENCY.—In this section, the term 'quali-
fying emergency', with respect to a member of the armed forces, 
means a circumstance that— 
"(l)isdueto— 
"(A) a medical condition of a member of the immediate 
family of the member; or 
"(B) any other hardship that the Secretary concerned 
determines appropriate for purposes of this section; and 
"(2) is verified to the Secretary's satisfaction based upon 
information or opinion from a source in addition to the member 
that the Secretary considers to be objective and reliable. 
"(d) MILITARY DEPARTMENT REGULATIONS.—Regulations pre-
scribed under this section by the Secretaries of the military depart-
ment shall be as uniform as practicable and shall be subject to 
approval by the Secretary of Defense. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'unearned leave status' means leave approved 
to be used by a member of the armed forces that exceeds 
99-194 0-03-5 :QL3 Part4 
116 STAT. 2558 
PUBLIC LAW 107-314—DEC. 2, 2002 
the amount of leave credit that has been accrued as a result 
of the member's active service and that has not been previously 
used by the member. 
"(2) The term 'excess leave status' means leave approved 
to be used by a member of the armed forces that is unearned 
leave for which a member is unable to accrue leave credit 
during the member's current term of service before the mem-
ber's separation.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"709. Emergency leave of absence.". 
SEC. 
573. ENHANCED FLEXIBILITY IN MEDICAL LOAN REPAYMENT 
PROGRAM. 
(a) ELIGIBLE PERSONS.—Subsection (d) of section 2173 of title 
10, United States Code, is amended by striking "Participants" and 
all that follows through "and students" and inserting "Students". 
(b) LOAN REPAYMENT AMOUNTS.—Subsection (e)(2) of such sec-
tion is amended by striking the last sentence. 
SEC. 
574. D E S T I N A T I O N S 
AUTHORIZED FOR GOVERNMENT PAID 
TRANSPORTATION OF ENLISTED PERSONNEL FOR REST 
AND RECUPERATION ABSENCE UPON EXTENDING DUTY 
AT DESIGNATED LOCATIONS OVERSEAS. 
(a) EXPANSION OF BENEFITS.—Subsection (b)(2) of section 705 
of title 10, United States Code, is amended by inserting before 
the period at the end the following: ", or to an alternative destina-
tion and return at a cost not to exceed the cost of round-trip 
transportation from the location of the extended tour of duty to 
such nearest port". 
(b) CHANGE IN TERMINOLOGY.—(1) Subsection (b) of such section 
is further amended by striking "recuperative" in paragraphs (1) 
and (2) and inserting "recuperation". 
(2)(A) The heading of such section is amended to read as 
follows: 
"§705. Rest and recuperation absence: qualiHed enlisted 
members extending duty at designated locations 
overseas". 
(B) The item relating to such section in the table of sections 
at the beginning of chapter 40 of such title is amended to read 
as follows: 
"705. Rest and recuperation absence: qualified enlisted members extending duty at 
designated locations overseas.". 
SEC. 
575. VEHICLE STORAGE IN LIEU OF TRANSPORTATION WHEN 
M E M B E R IS ORDERED TO A NONFOREIGN DUTY STATION 
OUTSIDE CONTINENTAL UNITED STATES. 
(a) STORAGE COSTS AUTHORIZED.—Subsection (b) of section 2634 
of title 10, United States Code, is amended by striking paragraphs 
(1) and (2) and inserting the following: 
"(b)(1) When a member receives a vehicle storage qualifying 
order, the member may elect to have a motor vehicle described 
in subsection (a) stored at the expense of the United States at 
a location approved by the Secretary concerned. In the case of 
a vehicle storage qualifying order that is to make a change of 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2559 
permanent station, such storage is in lieu of transportation author-
ized by subsection (a). 
"(2) In this subsection, the term 'vehicle storage qualifying 
order' means any of the following: 
"(A) An order to make a change of permanent station 
to a foreign country in a case in which the laws, regulations, 
or other restrictions imposed by the foreign country or by 
the United States either— 
"(i) preclude entry of a motor vehicle described in sub-
section (a) into that country; or 
"(ii) would require extensive modification of the vehicle 
as a condition to entry. 
"(B) An order to make a change of permanent station 
to a nonforeign area outside the continental United States 
in a case in which the laws, regulations, or other restrictions 
imposed by that area or by the United States either— 
"(i) preclude entry of a motor vehicle described in sub-
section (a) into that area; or 
"(ii) would require extensive modification of the vehicle 
as a condition to entry. 
"(C) An order under which a member is transferred or 
assigned in connection with a contingency operation to duty 
at a location other than the permanent station of the member 
for a period of more than 30 consecutive days but which is 
not considered a change of permanent station.". 
(b) 
NONFOREIGN AREA OUTSIDE THE CONTINENTAL UNITED 
STATES DEFINED.—Subsection (h) of such section is amended by 
adding at the end the following new paragraph: 
"(3) The term 'nonforeign area outside the continental 
United States' means any of the following: the States of Alaska 
and Hawaii, the Commonwealths of Puerto Rico and the 
Northern Mariana Islands, and any possession of the United 
States.". 
(c) EFFECTIVE DATE.—The amendments made by this section 10USC2634 
apply to orders to make a change of permanent station to a nonfor- note. 
eign area outside the continental United States (as such term 
is defined in subsection (h)(3) of section 2634 of title 10, United 
States Code, as added by subsection (b)) that are issued on or 
after the date of the enactment of this Act. 
Subtitle I—Reports 
SEC. 581. QUADRENNIAL QUALITY OF LIFE REVIEW. 
(a) REQUIREMENT FOR REVIEW.—(1) Chapter 2 of title 10, United 
States Code, is amended by inserting after section 118 the following 
new section: 
"§ 118a. Quadrennial quality of life review 
"(a) REVIEW REQUIRED.—(1) The Secretary of Defense shall 
every four years conduct a comprehensive examination of the quality 
of life of the members of the armed forces (to be known as the 
'quadrennial quality of life review'). The review shall include exam-
ination of the programs, projects, and activities of the Department 
of Defense, including the morale, welfare, and recreation activities. 
"(2) The quadrennial quality of life review shall be designed 
to result in determinations, and to foster policies and actions, that 
116 STAT. 2560 
PUBLIC LAW 107-314—DEC. 2, 2002 
Reports. 
Deadline. 
reflect the priority given the quaUty of Hfe of members of the 
armed forces as a primary concern of the Department of Defense 
leadership. 
"(b) CONDUCT OF REVIEW.—Each quadrennial quality of life 
review shall be conducted so as— 
"(1) to assess quality of life priorities and issues consistent 
with the most recent National Security Strategy prescribed 
by the President pursuant to section 108 of the National Secu-
rity Act of 1947 (50 U.S.C. 404a); 
"(2) to identify actions that are needed in order to provide 
members of the armed forces with the quality of life reasonably 
necessary to encourage the successful execution of the full 
range of missions that the members are called on to perform 
under the national security strategy; and 
"(3) to identify other actions that have the potential for 
improving the quality of life of the members of the armed 
forces. 
"(c) CONSIDERATIONS.—^The Secretary shall consider addressing 
the following matters as part of the quadrennial quality of life 
review: 
"(1) Infrastructure. 
"(2) Military construction. 
"(3) Physical conditions at military installations and other 
Department of Defense facilities. 
"(4) Budget plans. 
"(5) Adequacy of medical care for members of the armed 
forces and their dependents. 
"(6) Adequacy of housing and the basic allowance for 
housing and basic allowance for subsistence. 
"(7) Housing-related utility costs. 
"(8) Educational opportunities and costs. 
"(9) Length of deployments. 
"(10) Rates of pay and pay differentials between the pay 
of members and the pay of civilians. 
"(11) Retention and recruiting efforts. 
"(12) Workplace safety. 
"(13) Support services for spouses and children. 
"(14) Other elements of Department of Defense programs 
and Grovernment policies and programs that affect the quality 
of life of members. 
"(d) SUBMISSION TO CONGRESSIONAL COMMITTEES.—(1) The Sec-
retary shall submit a report on each quadrennial quality of life 
review to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives. 
The report shall include the following: 
"(A) The assumptions used in the review. 
"(B) The results of the review, including a comprehensive 
discussion of how the quality of life of members of the armed 
forces affects the national security strategy of the United States. 
"(2) The report shall be submitted in the year following the 
year in which the review is conducted, but not later than the 
date on which the President submits the budget for the next fiscal 
year to Congress under section 1105(a) of title 31.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2561 
Deadline. 
10 u s e 118a 
note. 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 118 
the following new item: 
"118a. Quadrennial quality of life review.". 
(b) FIRST QUADRENNIAL QUALITY OF LIFE REVIEW.—^The first 
quadrennial quality of life review under section 118a of title 10, 
United States Code, as added by subsection (a), shall be conducted 
during 2003, and the report on that review required to be submitted 
to Congress under subsection (d) of such section shall be submitted 
not later than the date on which the President submits the budget 
for fiscal year 2005 to Congress. 
SEC. 582. REPORT ON DESIRABILITY AND FEASIBILITY OF CONSOLI-
DATING SEPARATE COURSES OF BASIC INSTRUCTION 
FOR JUDGE ADVOCATES. 
Not later than February 1, 2003, the Secretary of Defense Deadline, 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives a report on the desirability and feasibility of consolidating 
the separate Army, Navy, and Air Force courses of basic instruction 
for judge advocates into a single course to be conducted at a single 
location. The report shall include— 
(1) an assessment of the advantages and disadvantages 
of such a consolidation; 
(2) a recommendation as to whether such a consolidation 
is desirable and feasible; and 
(3) any proposal for legislative action that the Secretary 
considers appropriate for carrying out such a consolidation. 
SEC. 583. REPORTS ON EFFORTS TO RESOLVE STATUS OF CAPTAIN 
MICHAEL SCOTT SPEICHER, UNITED STATES NAVY. 
(a) REPORTS.—^Not later than 90 days after the date of the Deadline, 
enactment of this Act, and every 120 days thereafter, the Secretary 
of Defense shall submit to Congress a report on the efforts of 
the United States Government to determine the status of Captain 
Michael Scott Speicher, United States Navy, whose aircraft was 
shot down over Iraq on the night of January 17, 1991. Each such 
report shall be prepared in consultation with the Secretary of State 
and the Director of Central Intelligence. 
(b) PERIOD COVERED BY REPORTS.—The first report under sub-
section (a) shall cover efforts described in that subsection from 
the time that Michael Scott Speicher's aircraft was shot down 
over Iraq until the date of the report, and each subsequent report 
shall cover efforts described in that subsection since the last such 
report. 
(c) REPORT ELEMENTS.—Each report under subsection (a) shall 
describe, for the period covered by such report, the following: 
(1) All direct and indirect contacts by the United States 
Government with the Government of Iraq regarding the status 
of Michael Scott Speicher. 
(2) Any request made by the United States Government 
to the government of another country, including the intelligence 
service of such country, for assistance in resolving the status 
of Michael Scott Speicher, including the response to such 
request. 
116 STAT. 2562 
PUBLIC LAW 107-314—DEC. 2, 2002 
(3) Each current lead on the status of Michael Scott 
Speicher, including an assessment of the utility of such lead 
in resolving the status of Michael Scott Speicher. 
(4) Any cooperation with nongovernmental organizations 
or international organizations in resolving the status of Michael 
Scott Speicher, including the results of such cooperation. 
(d) FORM OF REPORTS.—Each report under subsection (a) shall 
be submitted in classified or unclassified form. To the extent sub-
mitted in classified form, such report shall include an unclassified 
summary. 
(e) DURATION.—The requirement to submit reports under this 
section shall cease to be effective upon a final determination 
regarding the status of Michael Scott Speicher by the Secretary 
of Defense. 
SEC. 584. REPORT ON VOLUNTEER SERVICES OF MEMBERS OF THE 
RESERVE COMPONENTS IN EMERGENCY RESPONSE TO 
THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001. 
Deadline. 
(a) REQUIREMENT FOR REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on volunteer services 
described in subsection (b) that were provided by members of the 
reserve components of the Armed Forces, while not in a duty 
status pursuant to orders, during the period of September 11 
through September 14, 2001. The report shall include a discussion 
of any recognition that the Secretary considers appropriate for 
those members regarding the provision of such services. 
(b) COVERED VOLUNTEER SERVICES.—^The volunteer services 
referred to in subsection (a) are volunteer services of a military-
unique nature that were provided— 
(1) in the vicinity of the site of the World Trade Center, 
New York, New York, in support of emergency response to 
the terrorist attack on the World Trade Center on September 
11, 2001; 
(2) in the vicinity of the Pentagon, Arlington, Virginia, 
in support of emergency response to the terrorist attack on 
the Pentagon on September 11, 2001; or 
(3) in the vicinity of Shanksville, Pennsylvania, in support 
of emergency response to the terrorist-caused crash of United 
Airlines Flight 93 in Shanksville, Pennsylvania, on September 
11, 200L 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 2003. 
Sec. 602. Basic allowance for housing in cases of low-cost or no-cost moves. 
Sec. 603. Rate of basic allowance for subsistence for enlisted personnel occupying 
single Government quarters without adequate availability of meals. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2563 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
614. 
615. 
616. 
617. 
618. 
621. 
622. 
631 
632 
633 
634 
635 
636 
641 
642 
643 
651 
652 
653 
654 
One-year extension of other bonus and special pay authorities. 
Increase in maximum rates for certain special pays, bonuses, and finan-
cial assistance for health care professionals. 
Assignment incentive pay. 
Increase in maximum rates for prior service enlistment bonus. 
Retention incentives for health care professionals qualified in a critical 
military skill. 
Subtitle C—Travel and Transportation Allowances 
Extension of leave travel deferral period for members performing consecu-
tive overseas toiu-s of duty. 
Transportation of motor vehicles for members reported missing. 
Subtitle D—Retired Pay and Survivor BeneHts 
Permanent reduction from eight to six in number of years of reserve serv-
ice required for eligibility for retired pay for non-regular service. 
Increased retired pay for enlisted Reserves credited with extraordinary 
heroism. 
Elimination of possible inversion in retired pay cost-of-living adjustment 
for initial COLA computation. 
Technical revisions to so-called "forgotten widows" annuity program. 
Expansion of authority of Secretary of Defense to waive time limitations 
on claims against the Government for military personnel benefits. 
Special compensation for certain combat-related disabled uniformed serv-
ices retirees. 
Subtitle E—Montgomery GI Bill 
Time limitation for use of Montgomery GI Bill entitlement by members 
of the Selected Reserve. 
Repayment requirements under Reserve Component Montgomery GI Bill 
arising from failure to participate satisfactorily in military service to be 
considered debts owed to the United States. 
Technical adjustments to authority for certain members to transfer edu-
cational assistance under Montgomery GI Bill to dependents. 
Subtitle F—Other Matters 
Payment of interest on student loans. 
Additional authority to provide assistance for families of members of the 
Armed Forces. 
Repeal of authority for acceptance of honoraria by personnel at certain 
Department of Defense schools. 
Addition of definition of continental United States in title 37. 
Subtitle A—Pay and Allowances 
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2003. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—^The adjustment 
to become effective during fiscal year 2003 required 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, 2003, 
the rates of monthly basic pay for members of the uniformed serv-
ices within each pay grade are as follows: 
COMMISSIONED OFFICERS i 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
O-102 
0-9 .... 
0-8 .... 
0-7 .... 
0-6.... 
2 or less 
$0.00 
0.00 
7,474.50 
6,210.90 
4,603.20 
Over 2 
$0.00 
0.00 
7,719.30 
6,499.20 
5,057.10 
Over 3 
$0.00 
0.00 
7,881.60 
6,633.00 
5,388.90 
Over 4 
$0.00 
0.00 
7,927.20 
6,739.20 
5,388.90 
Over 6 
$0.00 
0.00 
8,129.40 
6,930.90 
5,409.60 
37 u s e 1009 
note. 
Effective date. 
116 STAT. 2564 
PUBLIC LAW 107-314—DEC. 2, 2002 
COMMISSIONED OFFICERS i—Continued 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
0-5 .... 
0-4 .... 
0-33 
0-23 
0-13 
0-102 
0-9 .... 
0-8 .... 
0-7 .... 
0-6 .... 
0-5 .... 
0-4 .... 
0-33 
0-23 
0-13 
0-102 
0-9 .... 
0-8.... 
0-7 .... 
0-6 .... 
0-5 .... 
0-4 .... 
0-33 
0-23 
0-13 
2 or less 
3,837.60 
3,311.10 
2,911.20 
2,515.20 
2,183.70 
Over 8 
$0.00 
0.00 
8,468.70 
7,120.80 
5,641.20 
4,977.00 
4,637.70 
4,273.50 
3,481.20 
2,746.80 
Over 18 
$0.00 
0.00 
9,639.00 
9,051.30 
6,898.80 
6,161.70 
5,528.40 
4,736.10 
3,481.20 
2,746.80 
Over 2 
4,323.00 
3,832.80 
3,300.30 
2,864.70 
2,272.50 
Over 10 
$0.00 
0.00 
8,547.30 
7,340.40 
5,672.10 
5,222.70 
4,954.50 
4,405.80 
3,481.20 
2,746.80 
Over 20 
$12,077.70 
10,563.60 
10,008.90 
9,051.30 
7,233.30 
6,329.10 
5,528.40 
4,736.10 
3,481.20 
2,746.80 
Over 3 
4,622.40 
4,088.70 
3,562.20 
3,299.40 
2,746.80 
Over 12 
$0.00 
0.00 
8,868.90 
7,559.40 
5,672.10 
5,403.00 
5,201.40 
4,623.30 
3,481.20 
2,746.80 
Over 22 
$12,137.10 
10,715.70 
10,255.80 
9,051.30 
7,423.50 
6,519.60 
5,528.40 
4,736.10 
3,481.20 
2,746.80 
Over 4 
4,678.50 
4,145.70 
3,883.50 
3,410.70 
2,746.80 
Over 14 
$0.00 
0.00 
8,961.30 
7,779.00 
5,994.60 
5,635.50 
5,372.70 
4,736.10 
3,481.20 
2,746.80 
Over 24 
$12,389.40 
10,935.60 
10,255.80 
9,051.30 
7,616.10 
6,519.60 
5,528.40 
4,736.10 
3,481.20 
2,746.80 
Over 6 
4,864.80 
4,383.00 
4,069.50 
3,481.20 
2,746.80 
Over 16 
$0.00 
0.00 
9,238.20 
8,468.70 
6,564.30 
5,991.90 
5,471.10 
4,736.10 
3,481.20 
2,746.80 
Over 26 
$12,829.20 
11,319.60 
10,255.80 
9,096.90 
7,989.90 
6,519.60 
5,528.40 
4,736.10 
3,481.20 
2,746.80 
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 
commissioned officers in pay grades 0-7 through O-IO 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 ex-
ceed the rate of pay for level V of the Executive Schedule. 
2 Subject to the preceding footnote, the rate of basic pay for an officer in this grade 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 is $14,155.50, 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 0-1, 0-2, or 0-3 who have 
been credited with over 4 years of active duty service as an enlisted member or warrant offi-
cer. 
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 
0-3E 
0-2E 
0 - l E 
0-3E 
0-2E 
2 or less 
$0.00 
0.00 
0.00 
Over 8 
$4,273.50 
3,591.90 
Over 2 
$0.00 
0.00 
0.00 
Over 10 
$4,405.80 
3,778.80 
Over 3 
$0.00 
0.00 
0.00 
Over 12 
$4,623.30 
3,923.40 
Over 4 
$3,883.50 
3,410.70 
2,746.80 
Over 14 
$4,806.30 
4,031.10 
Over 6 
$4,069.50 
3,481.20 
2,933.70 
Over 16 
$4,911.00 
4,031.10 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2565 
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY 
SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER— 
Continued 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
0 - l E 
0 - 3 E 
0 - 2 E 
0 - l E 
2 or less 
3,042.00 
Over 18 
$5,054.40 
4,031.10 
3,410.70 
Over 2 
3,152.70 
Over 20 
$5,054.40 
4,031.10 
3,410.70 
Over 3 
3,261.60 
Over 22 
$5,054.40 
4,031.10 
3,410.70 
Over 4 
3,410.70 
Over 24 
$5,054.40 
4,031.10 
3,410.70 
Over 6 
3,410.70 
Over 26 
$5,054.40 
4,031.10 
3,410.70 
WARRANT OFFICERS i 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
W - 5 ... 
W - 4 ... 
W - 3 ... 
W - 2 ... 
W - 1 ... 
W - 5 ... 
W - 4 ... 
W - 3 ... 
W - 2 ... 
W - 1 ... 
W - 5 ... 
W - 4 ... 
W - 3 ... 
W - 2 ... 
W - 1 ... 
2 or less 
$0.00 
3,008.10 
2,747.10 
2,416.50 
2,133.90 
O v e r s 
$0.00 
3,733.50 
3,281.70 
2,993.10 
2,782.20 
Over 18 
$0.00 
4,512.00 
4,058.40 
3,579.90 
3,320.70 
Over 2 
$0.00 
3,236.10 
2,862.00 
2,554.50 
2,308.50 
Over 10 
$0.00 
3,891.00 
3,467.40 
3,148.50 
2,888.40 
Over 20 
$5,169.30 
4,664.40 
4,201.50 
3,705.90 
3,409.50 
Over 3 
$0.00 
3,329.10 
2,979.30 
2,675.10 
2,425.50 
Over 12 
$0.00 
4,044.60 
3,580.50 
3,264.00 
3,006.90 
Over 22 
$5,346.60 
4,822.50 
4,266.30 
3,831.00 
3,409.50 
Over 4 
$0.00 
3,420.60 
3,017.70 
2,763.00 
2,501.10 
Over 14 
$0.00 
4,203.60 
3,771.90 
3,376.50 
3,085.20 
Over 24 
$5,524.50 
4,978.20 
4,407.00 
3,957.30 
3,409.50 
Over 6 
$0.00 
3,578.10 
3,141.00 
2,838.30 
2,662.50 
Over 16 
$0.00 
4,356.00 
3,915.60 
3,453.90 
3,203.40 
Over 26 
$5,703.30 
5,137.50 
4,548.00 
3,957.30 
3,409.50 
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 
warrant officers may not exceed ihe rate of pay for level V of the Executive Schedule. 
ENLISTED MEMBERS 1 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
E - 9 2 .. 
E - 8 .... 
E - 7 .... 
E - 6 .... 
E - 5 .... 
E - 4 .... 
E - 3 .... 
E - 2 .... 
E - 1 .... 
2 or less 
$0.00 
0.00 
2,068.50 
1,770.60 
1,625.40 
1,502.70 
1,356.90 
1,290.00 
3 1,150.80 
Over 2 
$0.00 
0.00 
2,257.80 
1,947.60 
1,733.70 
1,579.80 
1,442.10 
1,290.00 
1,150.80 
Over 3 
$0.00 
0.00 
2,343.90 
2,033.70 
1,817.40 
1,665.30 
1,528.80 
1,290.00 
1,150.80 
Over 4 
$0.00 
0.00 
2,428.20 
2,117.10 
1,903.50 
1,749.30 
1,528.80 
1,290.00 
1,150.80 
Over 6 
$0.00 
0.00 
2,516.40 
2,204.10 
2,037.00 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
116 STAT. 2566 
PUBLIC LAW 107-314—DEC. 2, 2002 
ENLISTED MEMBERS i—Continued 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
E-92 .. 
E-8 .... 
E-7 .... 
E-6 .... 
E-5 .... 
E-4 .... 
E-3 .... 
E-2 .... 
E-1 .... 
E-92 .. 
E-8 .... 
E-7 .... 
E-6 .... 
E-5 .... 
E-4 .... 
E-3 .... 
E-2 .... 
E-1 .... 
2 or less 
Overs 
$0.00 
2,975.40 
2,667.90 
2,400.90 
2,151.90 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 18 
$3,987.30 
3,530.10 
3,138.60 
2,709.60 
2,283.30 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 2 
Over 10 
$3,564.30 
3,061.20 
2,753.40 
2,477.40 
2,236.80 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 20 
$4,180.80 
3,625.50 
3,182.70 
2,709.60 
2,283.30 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 3 
Over 12 
$3,645.00 
3,141.30 
2,838.30 
2,562.30 
2,283.30 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 22 
$4,344.30 
3,787.50 
3,331.50 
2,709.60 
2,283.30 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 4 
Over 14 
$3,747.00 
3,237.60 
2,990.40 
2,636.70 
2,283.30 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 24 
$4,506.30 
3,877.50 
3,427.80 
2,709.60 
2,283.30 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 6 
Over 16 
$3,867.00 
3,342.00 
3,066.30 
2,663.10 
2,283.30 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
Over 26 
$4,757.40 
4,099.20 
3,671.40 
2,709.60 
2,283.30 
1,824.00 
1,528.80 
1,290.00 
1,150.80 
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 
enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 
2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade 
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 tiie Coast Guard, basic pay is $5,732.70, regardless 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 $1,064.70. 
SEC. 602. BASIC ALLOWANCE FOR HOUSING IN CASES OF LOW-COST 
OR NO-COST MOVES. 
Section 403 of title 37, United States Code, is amended— 
(1) by transferring paragraph (7) of subsection (b) to the 
end of the section; and 
(2) in such paragraph— 
(A) by strilang "(7)" and all that follows through "cir-
cumstances of which make it necessary that the member 
be" and inserting "(o) TREATMENT OF LOW-COST AND NO-
CosT MOVES AS NOT BEING REASSIGNMENTS.—In the case 
of a member who is assigned to duty at a location or 
under circumstances that make it necessary for the member 
to be"; and 
(B) by inserting "for the purposes of this section" after 
"may be treated". 
SEC. 603. RATE OF BASIC ALLOWANCE FOR SUBSISTENCE 
FOR 
ENLISTED PERSONNEL OCCUPYING SINGLE GOVERN-
MENT QUARTERS WITHOUT ADEQUATE AVAILABILITY OF 
MEALS. 
Section 402(d) of title 37, United States Code, is amended 
to read as follows: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2567 
"(d) SPECIAL RATE FOR ENLISTED MEMBERS OCCUPYING SINGLE 
QUARTERS WITHOUT ADEQUATE AVAILABILITY OF MEALS.—The Sec-
retary of Defense, and the Secretary of the department in which 
the Coast Guard is operating, may pay an enhsted member the 
basic allowance for subsistence under this section at a monthly 
rate that is twice the amount in effect under subsection (b)(2) 
while— 
"(1) the member is assigned to single Government quarters 
which have no adequate food storage or preparation facility 
in the quarters; and 
"(2) there is no Government messing facility serving those 
quarters that is capable of making meals available to the occu-
pants of the quarters.". 
Subtitle B—Bonuses and Special and 
Incentive Pays 
SEC, 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f) 
of title 37, United States Code, is amended by striking "December 
31, 2002" and inserting "December 31, 2003". 
(b) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) 
of such title is amended by striking "December 31, 2002" and 
inserting "December 31, 2003". 
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN 
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended 
by striking "December 31, 2002" and inserting "December 31, 2003". 
(d) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e) 
of such title is amended by striking "December 31, 2002" and 
inserting "December 31, 2003". 
(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— 
Section 308h(g) of such title is amended by striking "December 
31, 2002" and inserting "December 31, 2003". 
(f) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f) of such 
title is amended by striking "December 31, 2002" and inserting 
"December 31, 2003". 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR CERTAIN HEALTH CARE PROFES-
SIONALS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(l) of title 10, United States Code, is amended by striking 
"December 31, 2002" and inserting "December 31, 2003". 
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 
16302(d) of such title is amended by striking "January 1, 2003" 
and inserting "January 1, 2004". 
(c) 
ACCESSION 
BONUS FOR REGISTERED 
NURSES.—Section 
302d(a)(l) of title 37, United States Code, is amended by striking 
"December 31, 2002" and inserting "December 31, 2003". 
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(l) of such title is amended by striking "December 31, 2002" 
and inserting "December 31, 2003". 
(e) 
SPECIAL PAY FOR SELECTED RESERVE HEALTH PROFES-
SIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Section 
116 STAT. 2568 
PUBLIC LAW 107-314—DEC. 2, 2002 
302g(f) of such title is amended by striking "December 31, 2002" 
and inserting "December 31, 2003". 
(f) 
ACCESSION 
BONUS 
FOR DENTAL 
OFFICERS.—Section 
302h(a)(l) of such title is amended by striking "December 31, 2002" 
and inserting "December 31, 2003". 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
AUTHORITIES FOR NUCLEAR OFFICERS. 
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING 
PERIOD OF ACTIVE SERVICE.—Section 312(e) of title 37, United 
States Code, is amended by striking "December 31, 2002" and 
inserting "December 31, 2003". 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 
such title is amended by striking "December 31, 2002" and inserting 
"December 31, 2003". 
(c) NUCLEAR 
CAREER ANNUAL 
INCENTIVE 
BONUS.—Section 
312c(d) of such title is amended by striking "December 31, 2002" 
and inserting "December 31, 2003". 
SEC. 614. 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 striking "December 
31, 2002" and inserting "December 31, 2003". 
(b) REENLISTMENT 
BONUS FOR ACTIVE MEMBERS.—Section 
308(g) of such title is amended by striking "December 31, 2002" 
and inserting "December 31, 2003". 
(c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e) 
of such title is amended by striking "December 31, 2002" and 
inserting "December 31, 2003". 
(d) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY 
SKILLS.—Section 323(i) of such title is amended by striking 
"December 31, 2002" and inserting "December 31, 2003". 
(e) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.— 
Section 324(g) of such title is amended by striking "December 
31, 2002" and inserting "December 31, 2003". 
SEC. 615. INCREASE IN MAXIMUM RATES FOR CERTAIN SPECIAL PAYS, 
BONUSES, AND FINANCIAL ASSISTANCE FOR HEALTH 
CARE PROFESSIONALS. 
(a) 
RETENTION 
BONUS 
FOR MEDICAL 
OFFICERS.—Section 
301d(a)(2) of title 37, United States Code, is amended by striking 
"$14,000" and inserting "$50,000". 
(b) 
RETENTION 
BONUS 
FOR DENTAL 
OFFICERS.—Section 
301e(a)(2) of such title is amended by striking "$14,000" and 
inserting "$50,000". 
(c) INCENTIVE SPECIAL PAY FOR MEDICAL OFFICERS.—Section 
302(b)(1) of such title is amended by striking the second sentence 
and inserting the following new sentence: "The amount of incentive 
special pay paid to an officer under this subsection may not exceed 
$50,000 for any 12-month period.". 
(d) RETENTION SPECIAL PAY OPTOMETRISTS.—Section 302a(b)(l) 
of such title is amended by striking "$6,000" and inserting 
"$15,000". 
(e) ACCESSION 
BONUS FOR REGISTERED 
NURSES.—Section 
302d(a)(2) of such title is amended by striking "$5,000" and 
inserting "$30,000". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2569 
(f) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(l) of such title is amended by striking "$15,000" and 
inserting "$50,000". 
(g) RETENTION SPECIAL PAY FOR PHARMACY OFFICERS.—Section 
302i of such title is amended— 
(1) in subsections (a) and (b), by striking "special pay 
at the rates specified in subsection (d)" both places it appears 
and inserting "retention special pay under this section"; 
(2) in subsection (c), by striking "LIMITATION.—" and 
inserting "LIMITATION ON ELIGIBILITY FOR SPECIAL PAY.—"; 
and 
(3) by striking subsection (d) and inserting the following 
new subsection: 
"(d) LIMITATION ON AMOUNT OF SPECIAL PAY.—The amount 
of retention special pay paid to an officer under this section may 
not exceed $15,000 for any 12-month period.". 
(h) FINANCIAL ASSISTANCE FOR NURSE OFFICER CANDIDATES.— 
Section 2130a(a) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking "$5,000" in the first sen-
tence and inserting "$10,000" and by striking "$2,500" in the 
second sentence and inserting "$5,000"; and 
(2) in paragraph (2), by striking "$500" and inserting 
"$1,000". 
(i) APPLICATION OF INCREASE.—In the case of an amendment 
37 use 30id 
made by this section to increase the maximum amount of a special °ote. 
pay or bonus that may be paid during any 12-month period, the 
amended limitation shall apply to 12-month periods beginning after 
September 30, 2002. 
SEC. 616. ASSIGNMENT INCENTIVE PAY. 
(a) AUTHORITY.—(1) Chapter 5 of title 37, United States Code, 
is amended by inserting after section 307 the following new section: 
*
*
§ 307a. Special pay: assignment incentive pay 
"(a) AUTHORITY.—The Secretary concerned may pay monthly 
incentive pay under this section to a member of a uniformed service 
who performs service, while entitled to basic pay, in an assignment 
designated by the Secretary concerned. 
"(b) WRITTEN AGREEMENT.—The period for which incentive pay 
will be provided under this section and the monthly rate of the 
incentive pay for a member shall be specified in a written agreement 
between the Secretary concerned and the member. Agreements 
entered into by the Secretary of a military department shall require 
the concurrence of the Secretary of Defense. 
"(c) MAXIMUM RATE.—^The maximum monthly rate of incentive 
pay payable to a member under this section is $1,500. 
"(d) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Incentive 
pay paid to a member under this section is in addition to any 
other pay and allowances to which the member is entitled. 
"(e) STATUS NOT AFFECTED BY TEMPORARY DUTY OR LEAVE.— 
The service of a member in an assignment referred to in subsection 
(a) shall not be considered discontinued during any period that 
the member is not performing service in the assignment by reason 
of temporary duty performed by the member pursuant to orders 
or absence of the member for authorized leave. 
"(f) TERMINATION OF AUTHORITY.—No agreement under this 
section may be entered into after December 31, 2005.". 
116 STAT. 2570 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadlines. 
37 u s e 307a 
note. 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 307 
the following new item: 
"307a. Special pay: assignment incentive pay.". 
(b) ANNUAL REPORT.—Not later than February 28, 2004, and 
February 28, 2005, 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 use of the authority provided under section 307a of title 37, 
United States Code, as added by subsection (a), including an assess-
ment of the utility of that authority. 
SEC. 617. INCREASE IN MAXIMUM RATES FOR PRIOR SERVICE ENLIST-
MENT BONUS. 
Section 308i(b)(l) of title 37, United States Code, is amended— 
(1) in subparagraph (A), by striking "$5,000" and inserting 
"$8,000"; 
(2) in subparagraph (B), by striking "$2,500" and inserting 
"$4,000"; and 
(3) in subparagraph (C), by striking "$2,000" and inserting 
"$3,500". 
SEC. 618. RETENTION INCENTIVES FOR HEALTH CARE PROFES-
SIONALS QUALIFIED IN A CRITICAL MILITARY SKILL. 
(a) EXCEPTION TO LIMITATION ON MAXIMUM BONUS AMOUNT.— 
Subsection (d) of section 323 of title 37, United States Code, is 
amended— 
(1) by inserting "(1)" before "A member"; and 
(2) by adding at the end the following new paragraph: 
"(2) The limitation in paragraph (1) on the total bonus payments 
that a member may receive under this section does not apply 
with respect to an officer who is assigned duties as a health care 
professional.". 
(b) EXCEPTION TO YEARS OF SERVICE LIMITATION.—Subsection 
(e) of such section is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(2) by inserting "(1)" before "A retention"; and 
(3) by adding at the end the following new paragraph: 
"(2) The limitations in paragraph (1) do not apply with respect 
to an officer who is assigned duties as a health care professional 
during the period of active duty for which the bonus is being 
offered.". 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 
621. 
EXTENSION 
OF 
LEAVE 
TRAVEL 
DEFERRAL 
PERIOD 
FOR 
MEM-
BERS 
PERFORMING 
CONSECUTIVE 
OVERSEAS 
TOURS 
OF 
DUTY. 
(a) AUTHORIZED DEFERRAL PERIOD.—Section 411b of title 37, 
United States Code is amended by inserting after subsection (a) 
the following new subsection: 
"(b) AUTHORITY TO DEFER TRAVEL; LIMITATIONS.—(1) Under 
the regulations referred to in subsection (a), a member may defer 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2571 
the travel for which the member is paid travel and transportation 
allowances under this section until any time before the completion 
of the consecutive tour at the same duty station or the completion 
of the tour of duty at the new duty station under the order involved, 
as the case may be. 
"(2) If a member is unable to undertake the travel before 
expiration of the deferral period under paragraph (1) because of 
duty in connection with a contingency operation, the member may 
defer the travel until not more than one year after the date on 
which the member's duty in connection with the contingency oper-
ation ends.". 
(b) CO^fFORMING AND CLERICAL AMENDMENTS.—Such section 
is further amended— 
(1) in subsection (a)— 
(A) by striking "(a)(1)" and inserting "(a) ALLOWANCES 
AUTHORIZED.—"; and 
(B) by striking paragraph (2); and 
(2) by striking "(b) The allowances" and inserting "(c) 
LIMITATION ON ALLOWANCE RATE.—^The allowances". 
(c) APPLICATION OF AMENDMENT.—Subsection (b) of section 411b 
37 use 4iib 
of title 37, United States Code, as added by subsection (a), shall note, 
apply with respect to members of the uniformed services in a 
deferred leave travel status under such section as of the date 
of the enactment of this Act or becomes entitled to travel and 
transportation allowances under such section on or after that date. 
SEC. 622. TRANSPORTATION OF MOTOR VEHICLES FOR MEMBERS 
REPORTED MISSING. 
(a) AUTHORITY TO SHIP TWO MOTOR VEHICLES.—Subsection 
(a) of section 554 of title 37, United States Code, is amended 
by striking "one privately owned motor vehicle" both places it 
appears and inserting "two privately owned motor vehicles". 
(b) PAYMENTS FOR LATE DELIVERY.—Subsection (i) of such sec-
tion is amended by adding at the end the following new sentence: 
"In a case in which two motor vehicles of a member (or the 
dependent or dependents of a member) are transported at the 
expense of the United States, no reimbursement is payable under 
this subsection unless both motor vehicles do not arrive at the 
authorized destination of the vehicles by the designated delivery 
date.". 
(c) APPLICABILITY.—The amendments made by subsection (a) 37 USC 554 note, 
shall apply with respect to members whose eligibility for benefits 
under section 554 of title 37, United States Code, commences on 
or after the date of the enactment of this Act. 
Subtitle D—Retired Pay and Survivor 
Benefits 
SEC. 631. PERMANENT REDUCTION FROM EIGHT TO SIX IN NUMBER 
OF YEARS OF RESERVE SERVICE REQUIRED FOR ELIGI-
BILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. 
(a) REDUCTION IN REQUIREMENT FOR YEARS OF RESERVE COMPO-
NENT SERVICE BEFORE RETIRED PAY ELIGIBILITY.—Subsection (a)(3) 
of section 12731 of title 10, United States Code, is amended— 
(1) by striking "eight years" and inserting "six years"; and 
116 STAT. 2572 
PUBLIC LAW 107-314—DEC. 2, 2002 
10 u s e 12731 
note. 
10 u s e 12739 
note. 
(2) by inserting before the semicolon ", except that in 
the case of a person who completed the service requirements 
of paragraph (2) before October 5, 1994, the number of years 
of such qualifying service under this paragraph shall be eight". 
(b) CONFORMING AMENDMENT.—Subsection (f) of such section 
is repealed. 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 2002. No benefit shall accrue 
to any person for any period before that date by reason of the 
enactment of those amendments. 
SEC. 632. INCREASED RETIRED PAY FOR ENLISTED RESERVES CRED-
ITED WITH EXTRAORDINARY HEROISM. 
(a) AUTHORITY.—Section 12739 of title 10, United States Code, 
is amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b) If a person entitled to retired pay under this chapter 
has been credited by the Secretary concerned with extraordinary 
heroism in the line of duty and if the highest grade held satisfac-
torily by that person at any time in the armed forces is an enlisted 
grade, the person's retired pay shall be increased by 10 percent 
of the amount determined under subsection (a). The Secretary's 
determination as to extraordinary heroism is conclusive for all 
purposes.". 
(b) CONFORMING AMENDMENT.—Subsection (c) of such section, 
as redesignated by subsection (a)(1), is amended by striking 
"amount computed under subsection (a)" and inserting "total 
amount of the monthly retired pay computed under subsections 
(a) and (b)". 
(c) EFFECTIVE DATE.—^The amendments made by subsections 
(a) and (b) shall take effect on October 1, 2002, and shall apply 
with respect to retired pay for months beginning on or after that 
date. 
SEC. 633. ELIMINATION OF POSSIBLE INVERSION IN RETIRED PAY 
COST-OF-LIVING ADJUSTMENT FOR INITIAL COLA COM-
PUTATION. 
(a) ELIMINATION OF POSSIBLE COLA INVERSION.—Section 1401a 
of title 10, United States Code, is amended— 
(1) in subsections (c)(1), (d), and (e), by inserting "but 
subject to subsection (f)(2)" after "Notwithstanding subsection 
(b)"; 
(2) in subsection (c)(2), by inserting "(subject to subsection 
(f)(2) as applied to other members whose retired pay is com-
puted on the current rates of basic pay in the most recent 
adjustment under this section)" after "shall be increased"; and 
(3) in subsection (f)— 
(A) by designating the text after the subsection heading 
as paragraph (1), indenting that text two ems, and inserting 
"PREVENTION OF RETIRED PAY INVERSIONS.—" before "Not-
withstanding"; and 
(B) by adding at the end the following new paragraph: 
"(2) PREVENTION OF COLA INVERSIONS.—^The percentage of 
the first adjustment under this section in the retired pay of 
any person, as determined under subsection (c)(1), (c)(2), (d), 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2573 
or (e), may not exceed the percentage increase in retired pay 
determined under subsection (b)(2) that is effective on the same 
date as the effective date of such first adjustment.", 
(b) 
TECHNICAL 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (d), by inserting "or on or after August 
1, 1986, if the member or former member did not elect to 
receive a bonus under section 322 of title 37" after "August 
1, 1986,"; and 
(2) in subsection (e), by inserting "and elected to receive 
a bonus under section 322 of title 37" after "August 1, 1986,". 
SEC. 
634. 
TECHNICAL 
REVISIONS 
TO 
SO-CALLED 
"FORGOTTEN 
10 USC 1448 
WIDOWS" ANNUITY PROGRAM. 
note 
(a) CLARIFICATION OF ELIGIBILITY.—Subsection (a)(1) of section 
644 of the National Defense Authorization Act for Fiscal Year 
1998 (Pubhc Law 105-85; 10 U.S.C. 1448 note) is amended— 
(1) in subparagraph (A), by inserting after "(A)" the fol-
lowing: "became entitled to retired or retainer pay before Sep-
tember 21, 1972,"; and 
(2) in subparagraph (B), by striking "was a member of 
a reserve component of the Armed Forces" and inserting "died". 
(b) CLARIFICATION OF INTERACTION WITH OTHER BENEFITS.— 
(1) Subsection (a)(2) of such section is amended by striking "and 
who" and all that follows through "note)". 
(2) Subsection (b)(2) of such section is amended to read as 
follows: 
"(2) The amount of an annuity to which a surviving spouse 
is entitled under this section for any period shall be reduced (but 
not below zero) by any amount paid to that surviving spouse for 
the same period under any of the following provisions of law: 
"(A) Section 1311(a) of title 38, United States Code (relating 
to dependency and indemnity compensation payable by the 
Secretary of Veterans Affairs). 
"(B) Chapter 73 of title 10, United States Code. 
"(C) Section 4 of Public Law 92-425 (10 U.S.C. 1448 note).". 
(c) CLARIFICATION OF DEFINITION OF SURVIVING SPOUSE.—Sub-
section (d)(2) of such section is amended by striking "the terms" 
and all that follows through "and (8)" and inserting "such term 
in paragraph (9)". 
(d) SPECIFICATION IN LAW OF CURRENT BENEFIT AMOUNT.— 
Subsection (b) of such section is amended— 
(1) in paragraph (1), by striking "$165" and inserting 
"$185.58"; and 
(2) in paragraph (3)— 
(A) by striking "the date of the enactment of this 
Act" and inserting "May 1, 2002,"; and 
(B) by striking the last sentence. 
(e) SPECIFICATION OF ENACTMENT MONTH.—Subsection (e) of 
such section is amended— 
(1) in paragraph (1), by striking "the month in which this 
Act is enacted" and inserting "November 1997"; and 
(2) in paragraph (2), by striking "the first month that 
begins after the month in which this Act is enacted" and 
inserting "December 1997". 
116 STAT. 2574 
PUBLIC LAW 107-314—DEC. 2, 2002 
SEC. 635. EXPANSION OF AUTHORITY OF SECRETARY OF DEFENSE 
TO WAIVE TIME LIMITATIONS ON CLAIMS AGAINST THE 
GOVERNMENT FOR MILITARY PERSONNEL BENEFITS. 
(a) AUTHORITY FOR WAIVER OF TIME LIMITATIONS.—Paragraph 
(1) of section 3702(e) of title 31, United States Code, is amended 
by striking "a claim" and all that follows through "title 10" and 
inserting "a claim referred to in subsection (a)(1)(A)". 
(b) TECHNICAL AMENDMENTS.—(1) Such paragraph is further 
amended— 
(A) by striking "Upon the request" and all that follows 
through "the Secretary of Defense" and inserting "The Secretary 
of Defense"; 
(B) by striking "and, subject to paragraph (2), settle the 
claim"; and 
(C) by adding at the end the following new sentence: "In 
the case of a claim by or with respect to a member of the 
uniformed services who is not under the jurisdiction of the 
Secretary of a military department, such a waiver may be 
made only upon the request of the Secretary concerned (as 
defined in section 101 of title 37).". 
(2) Paragraph (2) of such section is amended— 
(A) by striking "under paragraph (1)' and inserting "under 
subsection (a)(1)(A)"; and 
(B) by inserting before the period at the end the following: 
", except that in the case of a claim for retired pay or survivor 
benefits, if the obligation claimed would have been paid from 
a trust fund if timely paid, the payment of the claim shall 
be made from that trust fund". 
31 use 3702 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
oote. 
shall apply with respect to claims against the United States pre-
sented to the Secretary of Defense under section 3702 of title 
31, United States Code, on or after the date of the enactment 
of this Act. 
SEC. 636. SPECIAL COMPENSATION FOR CERTAIN COMBAT-RELATED 
DISABLED UNIFORMED SERVICES RETIREES. 
(a) AUTHORITY.—(1) Chapter 71 of title 10, United States Code, 
is amended by inserting after section 1413 the following new section: 
*'§ 1413a. Special compensation for certain combat-related 
disabled uniformed services retirees 
"(a) AUTHORITY.—The Secretary concerned shall pay to each 
eligible combat-related disabled uniformed services retiree who 
elects benefits under this section a monthly amount for the combat-
related disability of the retiree determined under subsection (b). 
"(b) AMOUNT.— 
"(1) 
DETERMINATION OF MONTHLY AMOUNT.—Subject tO 
paragraphs (2) and (3), the monthly amount to be paid an 
eligible combat-related disabled uniformed services retiree for 
a combat-related disability under subsection (a) is the monthly 
amount of compensation to which the retiree would be entitled 
solely for the combat-related disability consistent with chapter 
11 of title 38. 
"(2) MAXIMUM AMOUNT.—The amount paid to an eligible 
combat-related disabled uniformed services retiree for any 
month under paragraph (1) may not exceed the amount of 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2575 
the reduction in retired pay that is appHcable to the retiree 
for that month under sections 5304 and 5305 of title 38. 
"(3) SPECIAL RULES FOR CHAPTER 61 DISABILITY RETIREES.— 
In the case of an eligible combat-related disabled uniformed 
services retiree who is retired under chapter 61 of this title, 
the amount of the payment under paragraph (1) for any month 
shall be reduced by the amount (if any) by which 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) ELIGIBLE RETIREES.—For purposes of this section, an 
eligible combat-related disabled uniformed services retiree referred 
to in subsection (a) is a member of the uniformed services entitled 
to retired pay who— 
"(1) has completed at least 20 years of service in the uni-
formed services that are creditable for purposes of computing 
the amount of retired pay to which the member is entitled; 
and 
"(2) has a qualifying combat-related disability. 
"(d) PROCEDURES.—The Secretary of Defense shall prescribe 
procedures and criteria under which a disabled uniformed services 
retiree may apply to the Secretary of a military department to 
be considered to be an eligible combat-related disabled uniformed 
services retiree. Such procedures shall apply uniformly throughout 
the Department of Defense. 
"(e) QUALIFYING COMBAT-RELATED DISABILITY.—In this section, 
the term *qualif3dng combat-related disability' means either of the 
following: 
"(1) A disability that— 
"(A) is attributable to an injury for which the member 
was awarded the Purple Heart; and 
"(B) is rated as not less than 10 percent disabling— 
"(i) by the Secretary concerned, as of the date 
on which the member is retired from the uniformed 
services, under criteria prescribed by the Secretary 
of Defense; or 
"(ii) by the Secretary of Veterans Affairs. 
"(2) A service-connected disability that— 
"(A) was incurred (as determined under criteria pre-
scribed by the Secretary of Defense)— 
"(i) as a direct result of armed conflict; 
"(ii) while engaged in hazardous service; 
"(iii) in the performance of duty under conditions 
simulating war; or 
"(iv) through an instrumentality of war; and 
"(B) is rated as not less than 60 percent disabling— 
"(i) by the Secretary concerned, as of the date 
on which the member is retired from the uniformed 
services, under criteria prescribed by the Secretary 
of Defense; or 
"(ii) by the Secretary of Veterans Affairs. 
"(f) CONSTRUCTION WITH SPECIAL COMPENSATION FOR SEVERELY 
DISABLED UNIFORMED SERVICES RETIREES.— 
116 STAT. 2576 
PUBLIC LAW 107-314—DEC. 2, 2002 
10 u s e 1413a 
note. 
"(1) SINGLE SOURCE OF COMPENSATION.—^An individual who 
is paid special compensation under this section may not receive 
special compensation under section 1413 of this title. 
"(2) ELECTION OF SOURCE.—An individual who is eligible 
for special compensation under this section and special com-
pensation under section 1413 of this title shall elect which 
special compensation to receive. 
"(3) REGULATIONS.—The Secretary of Defense shall pre-
scribe in regulations the manner and form of an election under 
this subsection. 
"(g) STATUS OF PAYMENTS.—Payments under this section are 
not retired pay. 
"(h) SOURCE OF PAYMENTS.—Payments under this section for 
any fiscal year shall be paid out of funds appropriated for pay 
and allowances payable by the Secretary concerned for that fiscal 
year. 
"(i) OTHER DEFINITIONS.—In this section: 
"(1) The term 'service-connected' has the meaning given 
such term in section 101 of title 38. 
"(2) The term 'retired pay' includes retainer pay, emergency 
officers' retirement pay, and naval pension.". 
(2) Section 1413a of title 10, United States Code, as added 
by paragraph (1), shall take effect not later than 180 days after 
the date of the enactment of this Act. 
(3) The table of sections at the beginning of chapter 71 of 
such title is amended by inserting after the item relating to section 
1413 the following new item: 
Regulations. 
"1413a. Special compensation for certain combat-related disabled uniformed services 
retirees.". 
(b) SPECIAL COMPENSATION FOR CERTAIN SEVERELY DISABLED 
UNIFORMED SERVICES RETIREES.—Section 1413 of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (e), (f) and (g) as sub-
sections (f), (g), and (h), respectively; and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
"(e) CONSTRUCTION WITH SPECIAL COMPENSATION FOR COMBAT-
DISABLED UNIFORMED SERVICES RETIREES.—(1) An individual who 
is paid special compensation under this section may not receive 
special compensation under section 1413a of this title. 
"(2) An individual who is eligible for special compensation under 
this section and special compensation under section 1413a of this 
title shall elect which special compensation to receive. 
"(3) The Secretary of Defense shall prescribe in regulations 
the manner and form of an election under this subsection.". 
Subtitle E—Montgomery GI Bill 
SEC. 641. TIME LIMITATION FOR USE OF MONTGOMERY GI BILL 
ENTITLEMENT 
BY 
MEMBERS 
OF 
THE 
SELECTED 
RESERVE. 
(a) EXTENSION OF LIMITATION PERIOD.—Section 16133(a)(1) of 
title 10, United States Code, is amended by striking "10-year" 
and inserting "14-year". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2577 
(b) EFFECTIVE DATE AND APPLICABILITY.—The amendment 
iousci6i33 
made by subsection (a) shall take effect on October 1, 2002, and note, 
shall apply with respect to periods of entitlement to educational 
assistance under chapter 1606 of title 10, United States Code, 
that begin on or after October 1, 1992. 
SEC. 642. REPAYMENT REQUIREMENTS UNDER RESERVE COMPONENT 
MONTGOMERY GI BILL ARISING FROM FAILURE TO 
PARTICIPATE SATISFACTORILY IN MILITARY SERVICE TO 
BE CONSIDERED DEBTS OWED TO THE UNITED STATES. 
Section 16135 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
"(c)(1) Subject to subsection (a)(2), an obligation to pay a refund 
to the United States under subsection (a)(1)(B) in an amount deter-
mined under subsection (b) is, for all purposes, a debt owed to 
the United States. 
"(2) A discharge in bankruptcy under title 11 that is entered 
less than five years after the termination of an enlistment or 
other agreement under this section does not discharge the person 
signing such enlistment or other agreement from a debt arising 
under the enlistment or agreement, respectively, under this sub-
section.". 
SEC. 643. TECHNICAL ADJUSTMENTS TO AUTHORITY FOR CERTAIN 
MEMBERS TO TRANSFER EDUCATIONAL ASSISTANCE 
UNDER MONTGOMERY GI BILL TO DEPENDENTS. 
(a) CLARIFICATION OF RATE OF EDUCATIONAL ASSISTANCE FOR 
DEPENDENTS TO WHOM ENTITLEMENT IS TRANSFERRED.—Section 
3020(h) of title 38, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by striking "paragraphs (4) and (5)" and inserting 
"paragraphs (5) and (6)"; and 
(B) by striking "and at the same rate"; 
(2) by redesignating paragraphs (3) through (6) as para-
graphs (4) through (7), respectively; and 
(3) by inserting after paragraph (2) the following new para-
graph (3): 
"(3)(A) Subject to subparagraph (B), the monthly rate of edu-
cational assistance payable to a dependent to whom entitlement 
is transferred under this section shall be the monthly amount 
payable under sections 3015 and 3022 of this title to the individual 
making the transfer. 
"(B) The monthly rate of assistance payable to a dependent 
under subparagraph (A) shall be subject to the provisions of section 
3032 of this title, except that the provisions of subsection (a)(1) 
of that section shall not apply even if the individual making the 
transfer to the dependent under this section is on active duty 
during all or any part of enrollment period of the dependent in 
which such entitlement is used.". 
(b) SOURCE OF FUNDS FROM INCREASED USAGE.—Section 3035(b) 
of such title is amended— 
(1) in paragraph (1), by striking "paragraphs (2) and (3) 
of this subsection" and inserting "paragraphs (2), (3), and (4)"; 
and 
(2) by adding at the end the following new paragraph: 
"(4) Payments attributable to the increased usage of benefits 
as a result of transfers of entitlement to basic educational assistance 
under section 3020 of this title shall be made from the Department 
116 STAT. 2578 
PUBLIC LAW 107-314—DEC. 2, 2002 
of Defense Education Benefits Fund established under section 2006 
of title 10 or from appropriations made to the Department of 
Transportation, as appropriate.". 
38 use 3020 
(c) EFFECTIVE DATE.—(1) The amendments made by subsection 
°ote. 
(a) shall take effect as if included in the enactment of section 
3020 of title 38, United States Code, by section 654(a)(1) of the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 115 Stat. 1153). 
38 use 3035 
(2) The amendments made by subsection (b) shall take effect 
°ote. 
as if made by section 654 of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1153). 
Subtitle F—Other Matters 
SEC. 
6
5
1
. 
PAYMENT 
OF 
INTEREST 
ON 
STUDENT 
LOANS. 
(a) AUTHORITY.—(1) Chapter 109 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§2174. Interest payment program: members on active duty 
"(a) AUTHORITY.—(1) The Secretary concerned may pay in 
accordance with this section the interest and any special allowances 
that accrue on one or more student loans of an eligible member 
of the armed forces. 
"(2) The Secretary of a military department may exercise the 
authority under paragraph (1) only if approved by the Secretary 
of Defense and subject to such requirements, conditions, and restric-
tions as the Secretary of Defense may prescribe. 
"(b) ELIGIBLE MEMBERS.—^A member of the armed forces is 
eligible for the benefit under subsection (a) while the member— 
"(1) is serving on active duty in fulfillment of the member's 
first enlistment in the armed forces or, in the case of an 
officer, is serving on active duty and has not completed more 
than three years of service on active duty; 
"(2) is the debtor on one or more unpaid loans described 
in subsection (c); and 
"(3) is not in default on any such loan. 
"(c) STUDENT LOANS.—^The authority to make payments under 
subsection (a) may be exercised with respect to the following loans: 
"(1) A loan made, insured, or guaranteed under part B 
of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1071etseq.). 
"(2) A loan made under part D of such title (20 U.S.C. 
1087a et seq.). 
"(3) A loan made under part E of such title (20 U.S.C. 
1087aa et seq.). 
"(d) MAXIMUM BENEFIT.—The months for which interest and 
any special allowance may be paid on behalf of a member of the 
armed forces under this section are any 36 consecutive months 
during which the member is eligible under subsection (b). 
"(e) FUNDS FOR PAYMENTS.—^Appropriations available for 
the 
pay and allowances of military personnel shall be available for 
payments under this section. 
"(f) COORDINATION.—(1) The Secretary of Defense and, with 
respect to the Coast Guard when it is not operating as a service 
in the Navy, the Secretary of the Department in which the Coast 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2579 
Guard is operating shall consult with the Secretary of Education 
regarding the administration of the authority under this section. 
"(2) The Secretary concerned shall transfer to the Secretary 
of Education the funds necessary— 
"(A) to pay interest and special allowances on student 
loans under this section (in accordance with sections 428(o), 
455(1), and 464(j) of the Higher Education Act of 1965 (20 
U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and 
"(B) to reimburse the Secretary of Education for any reason-
able administrative costs incurred by the Secretary in coordi-
nating the program under this section with the administration 
of the student loan programs under parts B, D, and E of 
title IV of the Higher Education Act of 1965. 
"(g) SPECIAL ALLOWANCE DEFINED.—In this section, the term 
'special allowance' means a special allowance that is payable under 
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-
1).". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2174. Interest payment program: members on active duty.". 
(b) FEDERAL FAMILY EDUCATION LOANS AND DIRECT LOANS.— 
(1) Subsection (c)(3) of section 428 of the Higher Education Act 
of 1965 (20 U.S.C. 1078) is amended— 
(A) in clause (i) of subparagraph (A)— 
(i) by striking "or" at the end of subclause (II); 
(ii) by inserting "or" at the end of subclause (III); 
and 
(iii) by adding at the end the following new subclause: 
"(IV) is eligible for interest pajonents to be 
made on such loan for service in the Armed Forces 
under section 2174 of title 10, United States Code, 
and, pursuant to that eligibility, the interest is 
being paid on such loan under subsection (o);"; 
(B) in clause (ii)(II) of subparagraph (A), by inserting "or 
(IV)" after "clause (i)(II)"; and 
(C) by striking subparagraph (C) and inserting the fol-
lowing: 
"(C) shall contain provisions that specify that— 
"(i) the form of forbearance granted by the lender 
pursuant to this paragraph, other than subparagraph 
(A)(i)(IV), shall be temporary cessation of payments, 
unless the borrower selects forbearance in the form 
of an extension of time for making payments, or 
smaller payments than were previously scheduled; and 
"(ii) the form of forbearance granted by the lender 
pursuant to subparagraph (A)(i)(IV) shall be the tem-
porary cessation of all payments on the loan other 
than pa5anents of interest on the loan that are made 
under subsection (o); and". 
(2) Section 428 of such Act is further amended by adding 
at the end the following new subsection: 
"(o) ARMED FORCES STUDENT LOAN INTEREST PAYMENT PRO-
GRAM.— 
"(1) AUTHORITY.—Using funds received by transfer to the 
Secretary under section 2174 of title 10, United States Code, 
for the pa3mient of interest and any special allowance on a 
116 STAT. 2580 
PUBLIC LAW 107-314—DEC. 2, 2002 
loan to a member of the Armed Forces that is made, insured, 
or guaranteed under this part, the Secretary shall pay the 
interest and special allowance on such loan as due for a period 
not in excess of 36 consecutive months. The Secretary may 
not pay interest or any special allowance on such a loan out 
of any funds other than funds that have been so transferred. 
"(2) FORBEARANCE.—During the period in which the Sec-
retary is making pajnnents on a loan under paragraph (1), 
the lender shall grant the borrower forbearance in accordance 
with the guaranty agreement under subsection (c)(3)(A)(i)(IV). 
"(3) SPECIAL ALLOWANCE DEFINED.—For the purposes of 
this subsection, the term 'special allowance', means a special 
allowance that is payable with respect to a loan under section 
438.". 
(c) FEDERAL DIRECT LOANS.—Section 455 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087e) is amended by adding at 
the end the following new subsection: 
"(1) ARMED FORCES STUDENT LOAN INTEREST PAYMENT PRO-
GRAM.— 
"(1) AUTHORITY.—^Using funds received by transfer to the 
Secretary under section 2174 of title 10, United States Code, 
for the pa3mnent of interest on a loan made under this part 
to a member of the Armed Forces, the Secretary shall pay 
the interest on the loan as due for a period not in excess 
of 36 consecutive months. The Secretary may not pay interest 
on such a loan out of any funds other than funds that have 
been so transferred. 
"(2) FORBEARANCE.—During the period in which the Sec-
retary is making payments on a loan under paragraph (1), 
the Secretary shall grant the borrower forbearance, in the 
form of a temporary cessation of all payments on the loan 
other than the payments of interest on the loan that are made 
under that paragraph.". 
(d) FEDERAL PERKINS LOANS.—Section 464 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087dd) is amended— 
(1) in subsection (e)— 
(A) by striking "or" at the end of paragraph (1); 
(B) by striking the period at the end of paragraph 
(2) and inserting "; or"; and 
(C) by adding at the end the following new paragraph: 
"(3) the borrower is eligible for interest payments to be 
made on such loan for service in the Armed Forces under 
section 2174 of title 10, United States Code, and, pursuant 
to that eligibility, the interest on such loan is being paid under 
subsection (j), except that the form of a forbearance under 
this paragraph shall be a temporary cessation of all pajnnents 
on the loan other than payments of interest on the loan that 
are made under subsection (j)."; and 
(2) by adding at the end the following new subsection: 
"(j) ARMED FORCES STUDENT LOAN INTEREST PAYMENT PRO-
GRAM.— 
"(1) AUTHORITY.—Using funds received by transfer to the 
Secretary under section 2174 of title 10, United States Code, 
for the payment of interest on a loan made under this part 
to a member of the Armed Forces, the Secretary shall pay 
the interest on the loan as due for a period not in excess 
of 36 consecutive months. The Secretary may not pay interest 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2581 
on such a loan out of any funds other than funds that have 
been so transferred. 
"(2) FORBEARANCE.—During the period in which the Sec-
retary is making payments on a loan under paragraph (1), 
the institution of higher education shall grant the borrower 
forbearance in accordance with subsection (e)(3).". 
(e) EFFECTIVE DATE.—The amendments made by this section 
lo use 2174 
shall apply with respect to interest, and any special allowance note. 
under section 438 of the Higher Education Act of 1965, that accrue 
for months beginning on or after October 1, 2003, on student loans 
described in subsection (c) of section 2174 of title 10, United States 
Code (as added by subsection (a)), that were made before, on, 
or after such date to members of the Armed Forces who are on 
active duty (as defined in section 101(d) of title 10, United States 
Code) on or after that date. 
SEC. 652. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR 
FAMILIES OF MEMBERS OF THE ARMED FORCES. 
(a) AUTHORITY.—(1) Subchapter I of chapter 88 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
"§ 1788. Additional family assistance 
"(a) AUTHORITY.—The Secretary of Defense may provide for 
the families of members of the armed forces serving on active 
duty, in addition to any other assistance available for such families, 
any assistance that the Secretary considers appropriate to ensure 
that the children of such members obtain needed child care, edu-
cation, and other youth services. 
"(b) PRIMARY PURPOSE OF ASSISTANCE.—The assistance author-
ized by this section should be directed primarily toward providing 
needed family support, including child care, education, and other 
youth services, for children of members of the Armed Forces who 
are deployed, assigned to duty, or ordered to active duty in connec-
tion with a contingency operation.". 
(2) The table of sections at the beginning of such subchapter 
is amended by adding at the end the following new item: 
"1788. Additional family assistance.". 
(b) EFFECTIVE DATE.—Section 1788 of title 10, United States 
lo use 1788 
Code, as added by subsection (a), shall take effect on October note. 
1, 2002. 
SEC. 653. 
REPEAL 
OF 
AUTHORITY 
FOR 
ACCEPTANCE 
OF 
HONORARIA 
BY 
PERSONNEL 
AT 
CERTAIN 
DEPARTMENT 
OF 
DEFENSE 
SCHOOLS. 
(a) REPEAL OF EXEMPTION.—Section 542 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 
Stat. 2413; 10 U.S.C. prec. 2161 note) is repealed. 
10 USC note 
(b) EFFECTIVE DATE.—The repeal made by subsection (a) shall 
prec. 216I. 
apply with respect to appearances made, speeches presented, and ^r^^^f|\°*^^ 
articles published on or after October 1, 2002. 
^^^^' 
SEC. 654. ADDITION OF DEFINITION OF CONTINENTAL UNITED STATES 
IN TITLE 37. 
(a) DEFINITION.—Section 101(1) of title 37, United States Code, 
is amended— 
(1) by inserting "(A)" after "(1)"; and 
116 STAT. 2582 
PUBLIC LAW 107-314—DEC. 2, 2002 
(2) by adding at the end the following new subparagraph: 
"(B) The term 'continental United States' means the 48 
contiguous States and the District of Columbia.". 
(b) CONFORMING AMENDMENTS.—Title 37, United States Code, 
is amended as follows: 
(1) Section 314(a)(3) is amended by striking "the 48 contig-
uous States and the District of Columbia" and inserting "the 
continental United States". 
(2) Section 403b(i) is amended by striking paragraph (6). 
(3) Section 409 is amended by striking subsection (e). 
(4) Section 411b(a) is amended by striking "the 48 contig-
uous States and the District of Columbia" both places it appears 
and inserting "the continental United States". 
(5) Section 4lid is amended by striking subsection (d). 
(6) Section 430 is amended by striking subsection (f) and 
inserting the following new subsection (f): 
"(f) DEFINITIONS.—In this section: 
"(1) The term 'formal education' means the following: 
"(A) A secondary education. 
"(B) An undergraduate college education. 
"(C) A graduate education pursued on a full-time basis 
at an institution of higher education. 
"(D) Vocational education pursued on a full-time basis 
at a postsecondary vocational institution. 
"(2) The term 'institution of higher education' has the 
meaning given that term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
"(3) The term 'postsecondary vocational institution' has 
the meaning given that term in section 102(c) of the Higher 
Education Act of 1965 (20 U.S.C. 1002(c)).". 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Health Care Program Improvements 
Sec. 701. Elimination of requirement for TRICARE preauthorization of inpatient 
mental health care for medicare-eligible beneficiaries. 
Sec. 702. Continued TRICARE eligibility of dependents residing at remote locations 
after departure of sponsors for unaccompanied assignments and eligi-
bility of dependents of reserve component members ordered to active 
duty. 
Sec. 703. Eligibility of surviving dependents for TRICARE dental program benefits 
after discontinuance of former enrollment. 
Sec. 704. Department of Defense Medicare-Eligible Retiree Health Care Fund. 
Sec. 705. Approval of medicare providers as TRICARE providers. 
Sec. 706. Technical corrections relating to transitional health care for members sep-
arated from active duty. 
Sec. 707. Extension of temporary authority to enter into personal services contracts 
for the performance of health care responsibilities at locations other 
than military medical treatment facilities. 
Sec. 708. Access to health care services for beneficiaries eligible for TRICARE and 
Department of Veterans Affairs health care. 
Sec. 709. Disclosure of information on Project 112 to Department of Veterans Af-
fairs. 
Subtitle B—Reports 
Sec. 711. Claims information. 
Sec. 712. Comptroller General report on provision of care under the TRICARE pro-
gram. 
Sec. 713. Repeal of report requirement. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2583 
Subtitle C—Department of Defense-Department of Veterans Affairs Health 
Resources Sharing 
Sec. 721. Revised coordination and sharing guidelines. 
Sec. 722. Health care resources sharing and coordination project. 
Sec. 723. Report on improved coordination and sharing of health care and health 
care resources following domestic acts of terrorism or domestic use of 
weapons of mass destruction. 
Sec. 724. Interoperability of Department of Veterans Affairs and Department of De-
fense pharmacy data systems. 
Sec. 725. Joint pilot program for providing graduate medical education and training 
for physicians. 
Sec. 726. Repeal of certain limits on Department of Veterans Affairs resources. 
Subtitle A—Health Care Program 
Improvements 
SEC. 
701. 
ELIMINATION 
OF 
REQUIREMENT 
FOR 
TRICARE 
PREAUTHORIZATION OF INPATIENT MENTAL HEALTH 
CARE FOR MEDICARE-ELIGIBLE BENEFICIARIES. 
(a) ELIMINATION OF REQUIREMENT.—Section 1079(i)(3) of title 
10, United States Code, is amended— 
(1) by inserting "(A)" after "(3)"; 
(2) by striking "Except in the case of an emergency," and 
inserting "Except as provided in subparagraph (B),"; and 
(3) by adding at the end the following new subparagraphs: 
"(B) Preadmission authorization for inpatient mental health 
services is not required under subparagraph (A) in the following 
cases: 
"(i) In the case of an emergency. 
"(ii) In a case in which any benefits are payable for such 
services under part A of title XVIII of the Social Security 
Act (42 U.S.C. 1395c et seq.), subject to subparagraph (C). 
"(C) In a case of inpatient mental health services to which 
subparagraph (B)(ii) applies, the Secretary shall require advance 
authorization for a continuation of the provision of such services 
after benefits cease to be payable for such services under such 
part A.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
lo use 1079 
(a) shall take effect October 1, 2003. 
note. 
SEC. 
702. 
CONTINUED TRICARE 
ELIGIBILITY OF 
DEPENDENTS 
RESIDING AT REMOTE LOCATIONS AFTER DEPARTURE 
OF SPONSORS FOR UNACCOMPANIED ASSIGNMENTS AND 
«.ELIGIBILITY OF DEPENDENTS OF RESERVE COMPONENT 
MEMBERS ORDERED TO ACTIVE DUTY. 
Section 1079(p) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking "dependents referred to 
in subsection (a) of a member of the uniformed services referred 
to in section 1074(c)(3) of this title who are residing with 
the member" and inserting "dependents described in paragraph 
(3)"; 
(2) by redesignating paragraph (3) as paragraph (4); and 
(3) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) This subsection applies with respect to a dependent referred 
to in subsection (a) who— 
116 STAT. 2584 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(A) is a dependent of a member of the uniformed services 
referred to in section 1074(c)(3) of this title and is residing 
with the member; 
"(B) is a dependent of a member who, after having served 
in a duty assignment described in section 1074(c)(3) of this 
title, has relocated without the dependent pursuant to orders 
for a permanent change of duty station from a remote location 
described in subparagraph (B)(ii) of such section where the 
member and the dependent resided together while the member 
served in such assignment, if the orders do not authorize 
dependents to accompany the member to the new duty station 
at the expense of the United States and the dependent con-
tinues to reside at the same remote location, or 
"(C) is a dependent of a reserve component member ordered 
to active duty for a period of more than 30 days and is residing 
with the member, and the residence is located more than 50 
miles, or approximately one hour of driving time, from the 
nearest military medical treatment facility adequate to provide 
the needed care.". 
SEC. 703. ELIGIBILITY OF SURVIVING DEPENDENTS FOR TRICARE 
DENTAL PROGRAM BENEFITS AFTER DISCONTINUANCE 
OF FORMER ENROLLMENT. 
Section 1076a(k)(2) of title 10, United States Code, is amended 
by striking "if the dependent is enrolled on the date of the death 
of the member in a dental benefits plan established under sub-
section (a)" and inserting "if, on the date of the death of the 
member, the dependent is enrolled in a dental benefits plan estab-
lished under subsection (a) or is not enrolled in such a plan by 
reason of a discontinuance of a former enrollment under subsection 
(f)". 
SEC. 704. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE 
HEALTH CARE FUND. 
(a) SOURCE OF FUNDS FOR MONTHLY ACCRUAL PAYMENTS INTO 
THE FUND.—Section 1116(c) of title 10, United States Code, is 
amended by striking "health care programs" and inserting "pay 
of members". 
(b) MANDATORY PARTICIPATION OF OTHER UNIFORMED SERV-
ICES.^-Section 1111(c) of such title is amended— 
(1) in the first sentence, by striking "may enter into an 
agreement with any other administering Secretary" 
and 
inserting "shall enter into an agreement with each other admin-
istering Secretary"; and 
(2) in the second sentence, by striking "Any such" and 
inserting "The". 
SEC. 705. APPROVAL OF MEDICARE PROVIDERS AS TRICARE PRO-
VIDERS. 
(a) IN GENERAL.—Section 1079 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(q) Subject to subsection (a), a physician or other health care 
practitioner who is eligible to receive reimbursement for services 
provided under medicare (as defined in section 1086(d)(3)(C) of 
this title) shall be considered approved to provide medical care 
authorized under this section and section 1086 of this title unless 
the administering Secretaries have information indicating medicare, 
PUBLIC LAW 107-31'^^-DEC. 2, 2002 
116 STAT. 2585 
10 u s e 1079 
note. 
10 u s e 1145. 
10 u s e 1145 
note. 
TRIG 
ARE, or other Federal health care program integrity violations 
by the physician or other health care practitioner.". 
(b) APPLICABILITY.—^The amendment made by subsection (a) 
shall apply with respect to any contract under the TRICARE pro-
gram entered into on or after the date of the enactment of this 
Act. 
SEC. 706. TECHNICAL CORRECTIONS RELATING TO TRANSITIONAL 
HEALTH CARE FOR MEMBERS SEPARATED FROM ACTIVE 
DUTY. 
(a) 
CONTINUED APPLICABILITY TO DEPENDENTS.—Subsection 
(a)(1) of section 736 of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1172) is 
amended to read as follows: 
"(1) in paragraph (1), by striking 'paragraph (2), a member' 
and all that follows through 'of the member),' and inserting 
'paragraph (3), a member of the armed forces who is separated 
from active duty as described in paragraph (2) (and the depend-
ents of the member)';". 
(b) CLARIFICATION REGARDING THE COAST GUARD.—Subsection 
(b)(2) of such section is amended to read as follows: 
"(2) in subsection (e)— 
"(A) by striking the first sentence; and 
"(B) by striking 'the Coast Guard' in the second sen-
tence and inserting 'the members of the Coast Guard and 
their dependents'.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect as of December 28, 2001, and as if included in 
the National Defense Authorization Act for Fiscal Year 2002 as 
enacted. 
SEC. 707. EXTENSION OF TEMPORARY AUTHORITY TO ENTER INTO 
PERSONAL SERVICES CONTRACTS FOR THE PERFORM-
ANCE OF HEALTH CARE RESPONSIBILITIES AT LOCA-
TIONS OTHER THAN MILITARY MEDICAL TREATMENT 
FACILITIES. 
Section 1091(a)(2) of title 10, United States Code, is amended 
by striking "December 31, 2002" and inserting "December 31, 2003". 
SEC. 708, 
ACCESS 
TO 
HEALTH 
CARE 
SERVICES 
FOR 
BENEFICIARIES 
ELIGIBLE FOR TRICARE AND DEPARTMENT OF VET-
ERANS 
AFFAIRS 
HEALTH 
CARE. 
(a) REQUIREMENT TO ESTABLISH PROCESS.—(1) The Secretary Regulations, 
of Defense shall prescribe in regulations a process for resolving 
issues relating to patient safety and continuity of care for covered 
beneficiaries who are concurrently entitled to health care under 
the TRICARE program and eligible for health care services provided 
by the Department of Veterans Affairs. The Secretary shall— 
(A) ensure that the process provides for coordination of, 
and access to, health care from the two sources in a manner 
that prevents diminution of access to health care from either 
source; and 
(B) in consultation with the Secretary of Veterans Affairs, 
prescribe a clear definition of an "episode of care" for use 
in the resolution of patient safety and continuity of care issues 
under such process. 
(2) Not later than May 1, 2003, the Secretary shall submit Deadline. 
to the Committees on Armed Services of the Senate and of the Reports. 
10 u s e 1071 
note. 
116 STAT. 2586 
PUBLIC LAW 107-314—DEC. 2, 2002 
House of Representatives a report describing the process prescribed 
under paragraph (1). 
(3) While prescribing the process under paragraph (1) and 
upon completion of the report under paragraph (2), the Secretary 
shall provide to the Comptroller General information that would 
be relevant in carrying out the study required by subsection (b). 
(b) COMPTROLLER GENERAL STUDY AND REPORT.—(1) The Comp-
troller General shall conduct a study of the health care issues 
of covered beneficiaries described in subsection (a). The study shall 
include the following: 
(A) An analysis of whether covered beneficiaries who seek 
services through the Department of Veterans Affairs are 
receiving needed health care services in a timely manner from 
the Department of Veterans Affairs, as compared to the timeli-
ness of the care available to covered beneficiaries under 
TRICARE Prime (as set forth in access to care standards under 
TRICARE program policy that are applicable to the care being 
sought). 
(B) An evaluation of the quality of care for covered bene-
ficiaries who do not receive needed services from the Depart-
ment of Veterans Affairs within a time period that is com-
parable to the time period provided for under such access 
to care standards and who then must seek alternative care 
under the TRICARE program. 
(C) Recommendations to improve access to, and timeliness 
and quality of, care for covered beneficiaries described in sub-
section (a). 
(D) An evaluation of the feasibility and advisability of 
making access to care standards applicable jointly under the 
TRICARE program and the Department of Veterans Affairs 
health care system. 
(E) A review of the process prescribed by the Secretary 
of Defense under subsection (a) to determine whether the 
process ensures the adequacy and quality of the health care 
services provided to covered beneficiaries under the TRICARE 
program and through the Department of Veterans Affairs, 
together with timeliness of access to such services and patient 
safety. 
Deadline. 
(2) Not later than 60 days after the congressional committees 
specified in subsection (a)(2) receive the report required under that 
subsection, the Comptroller General shall submit to those commit-
tees a report on the study conducted under this subsection. 
(c) DEFINITIONS.—In this section: 
(1) The term "covered beneficiary" has the meaning pro-
vided by section 1072(5) of title 10, United States Code. 
(2) The term "TRICARE program" has the meaning pro-
vided by section 1072(7) of such title. 
(3) The term "TRICARE Prime" has the meaning provided 
by section 1097a(f) of such title. 
10 u s e 1074. 
SEC. 709. DISCLOSURE OF INFORMATION ON PROJECT 112 TO DEPART-
MENT OF VETERANS AFFAIRS. 
Deadline. 
(a) PLAN FOR DISCLOSURE OF INFORMATION.—Not l a t e r t h a n 
90 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress and the Secretary of Veterans 
Affairs a comprehensive plan for the review, declassification, and 
submittal to the Department of Veterans Affairs of all records 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2587 
and information of the Department of Defense on Project 112 that 
are relevant to the provision of benefits by the Secretary of Veterans 
Affairs to members of the Armed Forces who participated in that 
project. 
(b) PLAN REQUIREMENTS.—(1) The records and information cov-
ered by the plan under subsection (a) shall be the records and 
information necessary to permit the identification of members of 
the Armed Forces who were or may have been exposed to chemical 
or biological agents as a result of Project 112. 
(2) The plan shall provide for completion of all activities con-
templated by the plan not later than one year after the date 
of the enactment of this Act. 
(c) IDENTIFICATION OF OTHER PROJECTS OR TESTS.—^The Sec-
retary of Defense also shall work with veterans and veterans service 
organizations to identify other projects or tests conducted by the 
Department of Defense that may have exposed members of the 
Armed Forces to chemical or biological agents. 
(d) GAO REPORTS ON PLAN AND IMPLEMENTATION.—(1) Not Deadline, 
later than 30 days after submission of the plan under subsection 
(a), the Comptroller General shall submit to Congress a report 
reviewing the plan. The report shall include an examination of 
whether adequate resources have been committed, the timeliness 
of the information to be released to the Department of Veterans 
Affairs, and the adequacy of the procedures to notify affected vet-
erans of potential exposure. 
(2) Not later than six months after implementation of the Deadline, 
plan begins, the Comptroller General shall submit to Congress 
a report evaluating the progress in the implementation of the 
plan. 
(e) DOD REPORTS ON IMPLEMENTATION.—(1) Not later than Deadline, 
six months after the date of the enactment of this Act, and upon 
completion of all activities contemplated by the plan under sub-
section (a), the Secretary of Defense shall submit to Congress and 
the Secretary of Veterans Affairs a report on progress in the 
implementation of the plan. 
(2) Each report under paragraph (1) shall include, for the 
period covered by such report— 
(A) the number of records reviewed; 
(B) each test, if any, under Project 112 identified during 
such review; 
(C) for each test so identified— 
(i) the test name; 
(ii) the test objective; 
(iii) the chemical or biological agent or agents involved; 
and 
(iv) the number of members of the Armed Forces, and 
civilian personnel, potentially effected by such test; and 
(D) the extent of submittal of records and information 
to the Secretary of Veterans Affairs under this section. 
(f) PROJECT 112.—For purposes of this section, Project 112 
refers to the chemical and biological weapons vulnerability-testing 
program of the Department of Defense conducted by the Deseret 
Test Center from 1963 to 1969. The project included the Shipboard 
Hazard and Defense (SHAD) project of the Navy. 
116 STAT. 2588 
10 use 1095c 
note. 
Deadline. 
Deadline. 
PUBLIC LAW 107-314—DEC. 2, 2002 
Subtitle B—Reports 
SEC. 711. CLAIMS INFORMATION. 
(a) 
CORRESPONDENCE 
TO MEDICARE 
CLAIMS 
INFORMATION 
REQUIREMENTS.—Section 1095c of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(d) 
CORRESPONDENCE TO MEDICARE 
CLAIMS INFORMATION 
REQUIREMENTS.—^The Secretary of Defense, in consultation with 
the other administering Secretaries, shall limit the information 
required in support of claims for payment for health care items 
and services provided under the TRICARE program to that informa-
tion that is identical to the information that would be required 
for claims for reimbursement for those items and services under 
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) 
except for that information, if any, that is uniquely required by 
the TRICARE program. The Secretary of Defense shall report to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives any information 
that is excepted under this provision, and the justification for that 
exception.". 
(b) APPLICABILITY.—The Secretary of Defense, in consultation 
with the other administering Secretaries referred to in section 
1072(3) of title 10, United States Code, shall apply the limitations 
required under subsection (d) of section 1095c of such title (as 
added by subsection (a)) with respect to contracts entered into 
under the TRICARE program on or after October 1, 2002. 
(c) COMPTROLLER GENERAL REPORT ON TRICARE CLAIMS PROC-
ESSING.—^Not later than March 31, 2003, the Comptroller General 
shall submit to Congress an evaluation of the continuing impedi-
ments to cost effective claims processing under the TRICARE pro-
gram. The evaluation shall include a discussion of the following: 
(1) The extent of progress implementing improvements in 
claims processing, particularly regarding the application of best 
industry practices. 
(2) The extent of progress in simplifying claims processing 
procedures, including the elimination of, or reduction in, the 
complexity of the Health Care Service Record requirements. 
(3) The cost effectiveness of the data collection and fraud 
prevention capabilities of existing claims processing practices. 
(4) Recommendations for improving the claims processing 
system that will reduce processing and administration costs, 
create greater competition, and improve fraud-prevention activi-
ties. 
SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF CARE 
UNDER THE TRICARE PROGRAM. 
Not later than March 31, 2003, the Comptroller General shall 
submit to Congress an evaluation of the nature of, reasons for, 
extent of, and trends regarding network provider instability under 
the TRICARE program, and the effectiveness of efforts by the 
Department of Defense and managed care support contractors to 
measure and mitigate such instability. The evaluation shall include 
a discussion of the following: 
(1) The adequacy of measurement tools of TRICARE net-
work instability and their use by the Department of Defense 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2589 
and managed care support contractors to assess network ade-
quacy and stability. 
(2) Recommendations for improvements needed in measure-
ment tools or their application. 
(3) The relationship of reimbursement rates and adminis-
tration requirements (including preauthorization requirements) 
to TRICARE network instability. 
(4) The extent of problems under the TRICARE program 
and likely future trends with and without intervention using 
existing authority. 
(5) Use of existing authority by the Department of Defense 
and TRICARE managed care support contractors to apply 
higher reimbursement rates in specific geographic areas. 
(6) Recommendations for specific fiscally prudent measures 
that could mitigate negative trends or improve provider and 
network stability. 
SEC. 713. REPEAL OF REPORT REQUIREMENT. 
42 USC 1395ggg. 
Notwithstanding subsection (f)(2) of section 712 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-
179), the amendment made by subsection (e) of such section shall 
not take effect and the paragraph amended by such subsection 
is repealed. 
Subtitle C—Department of Defense-Depart-
ment of Veterans Affairs Health Re-
sources Sharing 
SEC. 721. REVISED COORDINATION AND SHARING GUIDELINES. 
(a) IN GENERAL.—(1) Section 8111 of title 38, United States 
Code, is amended to read as follows: 
"§8111. Sharing of Department of Veterans Affairs and 
Department of Defense health care resources 
"(a) REQUIRED COORDINATION AND SHARING OF HEALTH CARE 
RESOURCES.—^The Secretary of Veterans Affairs and the Secretary 
of Defense shall enter into agreements and contracts for the mutu-
ally beneficial coordination, use, or exchange of use of the health 
care resources of the Department of Veterans Affairs and the 
Department of Defense with the goal of improving the access to, 
and quality and cost effectiveness of, the health care provided 
by the Veterans Health Administration and the Military Health 
System to the beneficiaries of both Departments. 
"(b) 
JOINT REQUIREMENTS FOR SECRETARIES OF VETERANS 
AFFAIRS AND DEFENSE.—TO facilitate the mutually 
beneficial 
coordination, use, or exchange of use of the health care resources 
of the two Departments, the two Secretaries shall carry out the 
following functions: 
"(1) Develop and publish a joint strategic vision statement 
and a joint strategic plan to shape, focus, and prioritize the 
coordination and sharing efforts among appropriate elements 
99-1940-03-6 :QL3 Part4 
116 STAT. 2590 
PUBLIC LAW 107-314—DEC. 2, 2002 
of the two Departments and incorporate the goals and require-
ments of the joint sharing plan into the strategic and perform-
ance plan of each Department under the Government Perform-
ance and Results Act. 
"(2) Jointly fund the interagency committee provided for 
under subsection (c). 
"(3) Continue to facilitate and improve sharing between 
individual Department of Veterans Affairs and Department 
of Defense health care facilities, but giving priority of effort 
to initiatives (A) that improve sharing and coordination of 
health resources at the intraregional and nationwide levels, 
and (B) that improve the ability of both Departments to provide 
coordinated health care. 
"(4) Establish a joint incentive program under subsection 
(d). 
"(c) DOD-VA HEALTH EXECUTIVE COMMITTEE.—(1) There is 
established an interagency committee to be known as the Depart-
ment of Veterans Affairs-Department of Defense Health Executive 
Committee (hereinafter in this section referred to as the 'Com-
mittee'). The Committee is composed of— 
"(A) the Deputy Secretary of Veterans Affairs and such 
other officers and employees of the Department of Veterans 
Affairs as the Secretary of Veterans Affairs may designate; 
and 
"(B) the Under Secretary of Defense for Personnel and 
Readiness and such other officers and employees of the Depart-
ment of Defense as the Secretary of Defense may designate. 
"(2)(A) During odd-numbered fiscal years, the Deputy Secretary 
of Veterans Affairs shall chair the Committee. During even-num-
bered fiscal years, the Under Secretary of Defense shall chair the 
Committee. 
"(B) The Deputy Secretary and the Under Secretary shall deter-
mine the size and structure of the Committee, as well as the 
administrative and procedural guidelines for the operation of the 
Committee. The two Departments shall share equally the Commit-
tee's cost of personnel and administrative support and services. 
Support for such purposes shall be provided at a level sufficient 
for the efficient operation of the Committee, including a permanent 
staff and, as required, other temporary working groups of appro-
priate departmental staff and outside experts. 
"(3) The Committee shall recommend to the Secretaries stra-
tegic direction for the joint coordination and sharing efforts between 
and within the two Departments under this section and shall over-
see implementation of those efforts. 
Reports. 
"(4) The Committee shall submit to the two Secretaries and 
to Congress an annual report containing such recommendations 
as the Committee considers appropriate. 
"(5) In order to enable the Committee to make recommendations 
in its annual report under paragraph (4), the Committee shall 
do the following: 
"(A) Review existing policies, procedures, and practices 
relating to the coordination and sharing of health care resources 
between the two Departments. 
"(B) Identify changes in policies, procedures, and practices 
that, in the judgment of the Committee, would promote mutu-
ally beneficial coordination, use, or exchange of use of the 
health care resources of the two Departments, with the goal 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2591 
of improving the access to, and quality and cost effectiveness 
of, the health care provided by the Veterans Health Administra-
tion and the Military Health System to the beneficiaries of 
both Departments. 
"(C) Identify and assess further opportunities for the 
coordination and sharing of health care resources between the 
Departments that, in the judgment of the Committee, would 
not adversely affect the range of services, the quality of care, 
or the established priorities for care provided by either Depart-
ment. 
"(D) Review the plans of both Departments for the acquisi-
tion of additional health care resources, especially new facilities 
and major equipment and technology, in order to assess the 
potential effect of such plans on further opportunities for the 
coordination and sharing of health care resources. 
"(E) Review the implementation of activities designed to 
promote the coordination and sharing of health care resources 
between the Departments. 
"(6) The Committee chairman, under procedures jointly devel-
oped by the two Secretaries, may require the Inspector General 
of either or both Departments to assist in activities under paragraph 
(5)(E). 
"(d) JOINT INCENTIVES PROGRAM.—(1) Pursuant to subsection 
(b)(4), the two Secretaries shall carry out a program to identify, 
provide incentives to, implement, fund, and evaluate creative 
coordination and sharing initiatives at the facility, intraregional, 
and nationwide levels. The program shall be administered by the 
Committee established in subsection (c), under procedures jointly 
prescribed by the two Secretaries. 
"(2) To facilitate the incentive program, effective October 1, Effective date. 
2003, there is established in the Treasury a fund to be known 
as the 'DOD-VA Health Care Sharing Incentive Fund'. Each Sec-
retary shall annually contribute to the fund a minimum of 
$15,000,000 from the funds appropriated to that Secretary's Depart-
ment. Such funds shall remain available until expended. 
"(3)(A) For each fiscal year during which the program under 
this subsection is in effect, the Comptroller General shall conduct 
a review of the implementation and effectiveness of the incentives 
program under this subsection. Upon completion of each such 
annual review, the Comptroller General shall submit to the Commit-
tees on Armed Services and Veterans' Affairs of the Senate and 
House of Representatives a report on the results of that review. 
Each such report shall be submitted not later than February 28 
of the year following the fiscal year covered by the report. In 
addition, the Comptroller General shall conduct such a review 
during the first five months of fiscal year 2004 and, not later 
than February 28, 2004, shall submit to those committees a report 
on the implementation and effectiveness of the incentives program 
under this subsection to that date. 
"(B) Each report under this paragraph shall describe activities 
carried out under the program under this subsection during the 
preceding fiscal year (or, in the case of the first such report, to 
the date of the submission of the report). Each report shall include 
at least the following: 
"(i) An analysis of the initiatives funded by the Committee, 
and the funds so expended by such initiatives, from the DOD-
VA Health Care Sharing Incentive Fund, including the purposes 
Reports. 
Deadline. 
Deadline. 
Reports. 
116 STAT. 2592 
PUBLIC LAW 107-314—DEC. 2, 2002 
Termination 
date. 
and effects of those initiatives on improving access to care 
by beneficiaries, improvements in the quality of care received 
by those beneficiaries, and efficiencies gained in deHvering serv-
ices to those beneficiaries. 
"(ii) Other matters of interest, including recommendations 
from the Comptroller General for legislative improvements to 
the program. 
"(4) The program under this subsection shall terminate on 
September 30, 2007. 
"(e) 
GUIDELINES AND 
POLICIES 
FOR 
IMPLEMENTATION OF 
COORDINATION AND SHARING RECOMMENDATIONS, CONTRACTS, AND 
AGREEMENTS.—(1) To implement the recommendations made by 
the Committee under subsection (c)(2), as well as to carry out 
other health care contracts and agreements for coordination and 
sharing initiatives as they consider appropriate, the two Secretaries 
shall jointly issue guidelines and policy directives. Such guidelines 
and policies shall provide for coordination and sharing that— 
"(A) is consistent with the health care responsibilities of 
the Department of Veterans Affairs under this title and with 
the health care responsibilities of the Department of Defense 
under chapter 55 of title 10; 
"(B) will not adversely affect the range of services, the 
quality of care, or the established priorities for care provided 
by either Department; and 
"(C) will not reduce capacities in certain specialized pro-
grams of the Department of Veterans Affairs that the Secretary 
is required to maintain in accordance with section 1706(b) 
of this title. 
"(2) To facilitate the sharing and coordination of health care 
services between the two Departments, the two Secretaries shall 
jointly develop and implement guidelines for a standardized, uni-
form pa5mient and reimbursement schedule for those services. Such 
schedule shall be implemented no later than October 1, 2003, and 
shall be revised periodically as necessary. The two Secretaries, 
following implementation of the schedule, may on a case-by-case 
basis waive elements of the schedule if they jointly agree that 
such a waiver is in the best interests of both Departments. 
"(3)(A) The guidelines established under paragraph (1) shall 
authorize the heads of individual Department of Defense and 
Department of Veterans Affairs medical facilities and service 
regions to enter into health care resources coordination and sharing 
agreements. 
"(B) Under any such agreement, an individual who is a primary 
beneficiary of one Department may be provided health care, as 
provided in the agreement, at a facility or in the service region 
of the other Department that is a party to the sharing agreement. 
"(C) Each such agreement shall identify the health care 
resources to be shared. 
"(D) Each such agreement shall provide, and shall specify proce-
dures designed to ensure, that the availability of direct health 
care to individuals who are not primary beneficiaries of the pro-
viding Department is (i) on a referral basis from the facility or 
service region of the other Department, and (ii) does not (as deter-
mined by the head of the providing facility or region) adversely 
affect the range of services, the quality of care, or the established 
priorities for care provided to the primary beneficiaries of the pro-
viding Department. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2593 
"(E) Each such agreement shall provide that a providing 
Department or service region shall be reimbursed for the cost 
of the health care resources provided under the agreement and 
that the rate of such reimbursement shall be as determined in 
accordance with paragraph (2). 
"(F) Each proposal for an agreement under this paragraph 
shall be effective (i) on the 46th day after the receipt of such 
proposal by the Committee, unless earlier disapproved, or (ii) if 
earlier approved by the Committee, on the date of such approval. 
"(G) Any funds received through such a uniform payment and 
reimbursement schedule shall be credited to funds that have been 
allotted to the facility of either Department that provided the care 
or services, or is due the funds from, any such agreement. 
"(f) ANNUAL JOINT REPORT.—(1) At the time the President's 
budget is transmitted to Congress in any year pursuant to section 
1105 of title 31, the two Secretaries shall submit to Congress 
a joint report on health care coordination and sharing activities 
under this section during the fiscal year that ended during the 
previous calendar year. 
"(2) Each report under this section shall include the following: 
"(A) The guidelines prescribed under subsection (e) (and 
any revision of such guidelines). 
"(B) The assessment of further opportunities identified 
under subparagraph (C) of subsection (c)(5) for the sharing 
of health-care resources between the two Departments. 
"(C) Any recommendation made under subsection (c)(4) 
during such fiscal year. 
"(D) A review of the sharing agreements entered into under 
subsection (e) and a summary of activities under such agree-
ments during such fiscal year and a description of the results 
of such agreements in improving access to, and the quality 
and cost effectiveness of, the health care provided by the Vet-
erans Health Administration and the Military Health System 
to the beneficiaries of both Departments. 
"(E) A summary of other planning and activities involving 
either Department in connection with promoting the coordina-
tion and sharing of Federal health-care resources during the 
preceding fiscal year. 
"(F) Such recommendations for legislation as the two Secre-
taries consider appropriate to facilitate the sharing of health-
care resources between the two Departments. 
"(3) In addition to the matters specified in paragraph (2), the 
two Secretaries shall include in the annual report under this sub-
section an overall status report of the progress of health resources 
sharing between the two Departments as a consequence of subtitle 
C of title VII of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 and of other sharing initiatives taken 
during the period covered by the report. Such status report shall 
indicate the status of such sharing and shall include appropriate 
data as well as analyses of that data. The annual report shall 
include the following: 
"(A) Enumerations and explanations of major 
policy 
decisions reached by the two Secretaries during the period 
covered by the report period with respect to sharing between 
the two Departments. 
"(B) A description of progress made in new ventures or 
particular areas of sharing and coordination that would be 
116 STAT. 2594 
PUBLIC LAW 107-314—DEC. 2, 2002 
of policy interest to Congress consistent with the intent of 
such subtitle. 
"(C) A description of enhancements of access to care of 
beneficiaries of both Departments that came about as a result 
of new sharing approaches brought about by such subtitle. 
"(D) A description of proposals for which funds are provided 
through the joint incentives program under subsection (d), 
together with a description of their results or status at the 
time of the report, including access improvements, savings, 
and quality-of-care enhancements they brought about, and a 
description of any additional use of funds made available under 
subsection (d). 
"(4) In addition to the matters specified in paragraphs (2) 
and (3), the two Secretaries shall include in the annual report 
under this subsection for each year through 2008 the following: 
"(A) A description of the measures taken, or planned to 
be taken, to implement the health resources sharing project 
under section 722 of the Bob Stump National 
Defense 
Authorization Act for Fiscal Year 2003 and any cost savings 
anticipated, or cost sharing achieved, at facilities participating 
in the project, including information on improvements in access 
to care, quality, and timeliness, as well as impediments encoun-
tered and legislative recommendations to ameliorate such 
impediments. 
"(B) A description of the use of the waiver authority pro-
vided by section 722(d)(1) of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003, including— 
"(i) a statement of the numbers and types of requests 
for waivers under that section of administrative policies 
that have been made during the period covered by the 
report and, for each such request, an explanation of the 
content of each request, the intended purpose or result 
of the requested waiver, and the disposition of each request; 
and 
"(ii) descriptions of any new administrative policies 
that enhance the success of the project. 
"(5) In addition to the matters specified in paragraphs (2), 
(3), and (4), the two Secretaries shall include in the annual report 
under this subsection for each year through 2009 a report on 
the pilot program for graduate medical education under section 
725 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003, including activities under the program during 
the preceding year and each Secretary's assessment of the efficacy 
of providing education and training under that program. 
"(g) DEFINITIONS.—For the purposes of this section: 
"(1) The term 'beneficiary' means a person who is a primary 
beneficiary of the Department of Veterans Affairs or of the 
Department of Defense. 
"(2) The term 'direct health care' means health care pro-
vided to a beneficiary in a medical facility operated by the 
Department of Veterans Affairs or the Department of Defense. 
"(3) The term 'head of a medical facility' (A) with respect 
to a medical facility of the Department of Veterans Affairs, 
means the director of the facility, and (B) with respect to 
a medical facility of the Department of Defense, means the 
medical or dental officer in charge or the contract surgeon 
in charge. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2595 
"(4) The term 'health-care resource' includes hospital care, 
medical services, and rehabilitative services, as those terms 
are defined in paragraphs (5), (6), and (8), respectively, of 
section 1701 of this title, services under sections 1782 and 
1783 of this title, any other health-care service, and any health-
care support or administrative resource. 
"(5) The term 'primary beneficiary (A) with respect to 
the Department means a person who is eligible under this 
title (other than under section 1782, 1783, or 1784 or subsection 
(d) of this section) or any other provision of law for care or 
services in Department medical facilities, and (B) with respect 
to the Department of Defense, means a member or former 
member of the Armed Forces who is eligible for care under 
section 1074 of title 10. 
"(6) The term 'providing Department' means the Depart-
ment of Veterans Affairs, in the case of care or services fur-
nished by a facility of the Department of Veterans Affairs, 
and the Department of Defense, in the case of care or services 
furnished by a facility of the Department of Defense. 
"(7) The term 'service region' means a geographic service 
area of the Veterans Health Administration, in the case of 
the Department of Veterans Affairs, and a service region, in 
the case of the Department of Defense.". 
(2) The item relating to that section in the table of sections 
at the beginning of chapter 81 of title 38, United States Code, 
is amended to read as follows: 
"8111. Sharing of Department of Veterans Affairs and Department of Defense 
health care resources.". 
(b) CONFORMING AMENDMENT.—Section 1104(a) of title 10, 
United States Code, is amended by striking "may" and inserting 
"shall". 
(c) EFFECTIVE DATE.—The amendments made by this section 38USC8iii 
shall take effect on October 1, 2003. 
note. 
SEC. 722. HEALTH CARE RESOURCES SHARING AND COORDINATION 
38 USC 8111 
PROJECT. 
note. 
(a) ESTABLISHMENT.—(1) The Secretary of Veterans Affairs and 
the Secretary of Defense shall conduct a health care resources 
sharing project to serve as a test for evaluating the feasibility, 
and the advantages and disadvantages, of measures and programs 
designed to improve the sharing and coordination of health care 
and health care resources between the Department of Veterans 
Affairs and the Department of Defense. The project shall be carried 
out, as a minimum, at the sites identified under subsection (b). 
(2) Reimbursement between the two Departments with respect 
to the project under this section shall be made in accordance with 
the provisions of section 8111(e)(2) of title 38, United States Code, 
as amended by section 721(a). 
(b) SITE IDENTIFICATION.—(1) Not later than 90 days after Deadline, 
the date of the enactment of this Act, the Secretaries shall jointly 
identify not less than three sites for the conduct of the project 
under this section. 
(2) For purposes of this section, a site at which the resource 
sharing project shall be carried out is an area in the United States 
in which— 
116 STAT. 2596 
PUBLIC LAW 107-314—DEC. 2, 2002 
(A) one or more military treatment facilities and one or 
more VA health care facilities are situated in relative proximity 
to each other, including facilities engaged in joint ventures 
as of the date of the enactment of this Act; and 
(B) for which an agreement to coordinate care and programs 
for patients at those facilities could be implemented not later 
than October 1, 2004. 
(c) CONDUCT OF PROJECT.—(1) At sites at which the project 
is conducted, the Secretaries shall provide a test of a coordinated 
management system for the military treatment facilities and VA 
health care facilities participating in the project. Such a coordinated 
management system for a site shall include at least one of the 
elements specified in paragraph (2), and each of the elements speci-
fied in that paragraph must be included in the coordinated manage-
ment system for at least one of the participating sites. 
(2) Elements of a coordinated management system referred 
to in paragraph (1) are the following: 
(A) A budget and financial management system for those 
facilities that— 
(i) provides managers with information about the costs 
of providing health care by both Departments at the site; 
and 
(ii) allows managers to assess the advantages and dis-
advantages (in terms of relative costs, benefits, and 
opportunities) of using resources of either Department to 
provide or enhance health care to beneficiaries of either 
Department. 
(B) A coordinated staffing and assignment system for the 
personnel (including contract personnel) employed at or 
assigned to those facilities, including clinical practitioners of 
either Department. 
(C) Medical information and information technology sys-
tems for those facilities that— 
(i) are compatible with the purposes of the project; 
(ii) 
communicate 
with 
medical 
information 
and 
information technology systems of corresponding elements 
of those facilities; and 
(iii) incorporate minimum standards of information 
quality that are at least equivalent to those adopted for 
the Departments at large in their separate health care 
systems. 
(d) AUTHORITY TO WAIVE CERTAIN ADMINISTRATIVE POLICIES.— 
(1)(A) In order to carry out subsection (c), the Secretary of Defense 
may, in the Secretary's discretion, waive any administrative policy 
of the Department of Defense otherwise applicable to that sub-
section that specifically conflicts with the purposes of the project, 
in instances in which the Secretary determines that the waiver 
is necessary for the purposes of the project. 
(B) In order to carry out subsection (c), the Secretary of Vet-
erans Affairs may, in the Secretary's discretion, waive any adminis-
trative policy of the Department of Veterans Affairs otherwise 
applicable to that subsection that specifically conflicts with the 
purposes of the project, in instances in which the Secretary deter-
mines that the waiver is necessary for the purposes of the project. 
(C) The two Secretaries shall establish procedures for resolving 
disputes that may arise from the effects of policy changes that 
are not covered by other agreements or existing procedures. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2597 
(2) No waiver under paragraph (1) may alter any labor-manage-
ment agreement in effect as of the date of the enactment of this 
Act or adopted by either Department during the period of the 
project. 
(e) USE BY D O D OF CERTAIN TITLE 38 PERSONNEL AUTHORI-
TIES.—<1) In order to carry out subsection (c), the Secretary of 
Defense may apply to civilian personnel of the Department of 
Defense assigned to or employed at a military treatment facility 
participating in the project any of the provisions of subchapters 
I, III, and IV of chapter 74 of title 38, United States Code, deter-
mined appropriate by the Secretary. 
(2) For purposes of paragraph (1), any reference in chapter 
74 of title 38, United States Code— 
(A) to the "Secretary" or the "Under Secretary for Health" 
shall be treated as referring to the Secretary of Defense; and 
(B) to the "Veterans Health Administration" shall be 
treated as referring to the Department of Defense. 
(f) FUNDING.—From amounts available for health care for a 
fiscal year, each Secretary shall make available to carry out the 
project not less than— 
(1) $3,000,000 for fiscal year 2003; 
(2) $6,000,000 for fiscal year 2004; and 
(3) $9,000,000 for each succeeding year during which the 
project is in effect. 
(g) DEFINITIONS.—For purposes of this section: 
(1) The term "military treatment facility" means a medical 
facility under the jurisdiction of the Secretary of a military 
department. 
(2) The term "VA health care facility" means a facility 
under the jurisdiction of the Veterans Health Administration 
of the Department of Veterans Affairs. 
(h) PERFORMANCE REVIEW.—(1) The Comptroller General shall 
provide for an annual on-site review at each of the project locations 
selected by the Secretaries under this section. 
(2) Not later than 90 days after completion of the annual 
review under paragraph (1), the Comptroller General shall submit 
a report on such review to the Committees on Armed Services 
and Veterans' Affairs of the Senate and House of Representatives. 
(3) Each such report shall include the following: 
(A) The strategic mission coordination between shared 
activities. 
(B) The accuracy and validity of performance data used 
to evaluate sharing performance and changes in standards 
of care or services at the shared facilities. 
(C) A statement that all appropriated funds designated 
for sharing activities are being used for direct support of 
sharing initiatives. 
(D) Recommendations concerning continuance of the project 
at each site for the succeeding 12-month period. 
(4) Whenever there is a recommendation under paragraph 
(3)(D) to discontinue a resource sharing project under this section, 
the two Secretaries shall act upon that recommendation as soon 
as practicable. 
(5) In the initial report under this subsection, the Comptroller 
General shall validate the baseline information used for compara-
tive analysis. 
116 STAT. 2598 
PUBLIC LAW 107-314—DEC. 2, 2002 
(i) TERMINATION.—(1) The project, and the authority provided 
by this section, shall terminate on September 30, 2007. 
(2) The two Secretaries jointly may terminate the performance 
of the project at any site when the performance of the project 
at that site fails to meet performance expectations of the Secre-
taries, based on recommendations from the Comptroller General 
under subsection (h) or on other information available to the Secre-
taries to warrant such action. 
SEC. 723. REPORT ON IMPROVED COORDINATION AND SHARING OF 
HEALTH CARE AND HEALTH CARE RESOURCES FOL-
LOWING DOMESTIC ACTS OF TERRORISM OR DOMESTIC 
USE OF WEAPONS OF MASS DESTRUCTION. 
(a) JOINT REVIEW.—The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly review the adequacy of current 
processes and existing statutory authorities and policy governing 
the capability of the Department of Defense and the Department 
of Veterans Affairs to provide health care to members of the Armed 
Forces following domestic acts of terrorism or domestic use of 
weapons of mass destruction, both before and after any declaration 
of national emergency. Such review shall include a determination 
of the adequacy of current authorities in providing for the coordina-
tion and sharing of health care resources between the two Depart-
ments in such cases, particularly before the declaration of a national 
emergency. 
(b) REPORT TO CONGRESS.—^The two Secretaries shall include 
a joint report on the review under subsection (a), including any 
recommended legislative changes, shall be submitted to Congress 
as part of the fiscal year 2004 budget submission to Congress. 
10 use 1074g 
SEC. 724. INTEROPERABILITY OF DEPARTMENT OF VETERANS AFFAIRS 
note. 
AND DEPARTMENT OF DEFENSE PHARMACY DATA SYS-
TEMS. 
(a) INTEROPERABILITY.—The Secretary of Veterans Affairs and 
the Secretary of Defense shall seek to ensure that on or before 
October 1, 2004, the Department of Veterans Affairs pharmacy 
data system and the Department of Defense pharmacy data system 
(known as the "Pharmacy Data Transaction System") are interoper-
able for both Department of Defense beneficiaries and Department 
of Veterans Affairs beneficiaries by achieving real-time interface, 
data exchange, and checking of prescription drug data of out-
patients, and using national standards for the exchange of out-
patient medication information. 
(b) ALTERNATIVE REQUIREMENT.—If the interoperability speci-
fied in subsection (a) is not achieved by October 1, 2004, as deter-
mined jointly by the Secretary of Defense and the Secretary of 
Veterans Affairs, the Secretary of Veterans Affairs shall adopt 
the Department of Defense Pharmacy Data Transaction System 
for use by the Department of Veterans Affairs health care system. 
Deadline. 
Such system shall be fully operational not later than October 1, 
2005. 
(c) IMPLEMENTATION 
FUNDING FOR ALTERNATIVE 
REQUIRE-
MENT.—^The Secretary of Defense shall transfer to the Secretary 
of Veterans Affairs, or shall otherwise bear the cost of, an amount 
sufficient to cover three-fourths of the cost to the Department 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2599 
of Veterans Affairs for computer programming activities and rel-
evant staff training expenses related to implementation of sub-
section (b). Such amount shall be determined in such manner as 
agreed to by the two Secretaries. 
SEC. 725. JOINT PILOT PROGRAM FOR PROVIDING GRADUATE MED-
ICAL EDUCATION AND TRAINING FOR PHYSICIANS. 
(a) IN GENERAL.—^The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly carry out a pilot program under 
which graduate medical education and training is provided to mili-
tary physicians and physician employees of the Department of 
Defense and the Department of Veterans Affairs through one or 
more programs carried out in military medical treatment facilities 
of the Department of Defense and medical centers of the Depart-
ment of Veterans Affairs. The pilot program shall begin not later 
than January 1, 2003. 
(b) COST-SHARING AGREEMENT.—^The Secretaries shall enter 
into an agreement for carrying out the pilot program. The agree-
ment shall establish means for each Secretary to assist in paying 
the costs, with respect to individuals under the jurisdiction of 
that Secretary, incurred by the other Secretary in providing medical 
education and training under the pilot program. 
(c) USE OF EXISTING AUTHORITIES.—To carry out the pilot pro-
gram, the Secretary of Defense and the Secretary of Veterans 
Affairs may use authorities provided to them under this subtitle, 
section 8111 of title 38, United States Code (as amended by section 
721(a)), and other laws relating to the furnishing or support of 
medical education and the cooperative use of facilities. 
(d) TERMINATION OF PROGRAM.—The pilot program under this 
section shall terminate on July 31, 2008. 
(e) REPEAL OF SUPERSEDED PROVISION.—Section 738 
of 
the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 10 U.S.C. 1094 note; 115 Stat. 1173) is repealed. 
SEC. 726. R E P E A L OF CERTAIN LIMITS ON DEPARTMENT OF VETERANS 
A F F A I R S RESOURCES. 
(a) REPEAL OF V A BED LIMITS.—Section 8110(a)(1) of title 38, 
United States Code, is amended— 
(1) in the first sentence, by striking "at not more than 
125,000 and not less than 100,000"; 
(2) in the third sentence, by striking "shall operate and 
maintain a total of not less than 90,000 hospital beds and 
nursing home beds and"; and 
(3) in the fourth sentence, by striking "to enable the Depart-
ment to operate and maintain a total of not less than 9(5,000 
hospital and nursing home beds in accordance with this para-
graph and". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
(a) shall take effect on October 1, 2003. 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
10 u s e 1094a 
note. 
10 u s e 1094a 
note. 
38 u s e 8110 
note. 
Subtitle A—^Acquisition Policy and Management 
Sec. 801. Buy-to-budget acquisition of end items. 
116 STAT. 2600 
PUBLIC LAW 107-314—DEC. 2, 2002 
Sec. 802. Report to Congress on evolutionary acquisition of major defense acquisi-
tion programs. 
Sec. 803. Spiral development under major defense acquisition programs. 
Sec. 804. Improvement of software acquisition processes. 
Sec. 805. Performance goals for procuring services pursuant to multiple award con-
tracts. 
Sec. 806. Rapid acquisition and deployment procedures. 
Sec. 807. Quick-reaction special projects acquisition team. 
Subtitle B—^Amendments to General Contracting Authorities, Procedures, 
and Limitations 
Sec. 811. Limitation period for task and delivery order contracts. 
Sec. 812. One-year extension of program applying simplified procedures to certain 
commercial items; report. 
Sec. 813. Extension and improvement of personnel demonstration policies and pro-
cedures applicable to the civilian acquisition workforce. 
Sec. 814. Past performance given significant weight in renewal of procurement 
technical assistance cooperative agreements. 
Sec. 815. Increased maximum amount of assistance for tribal organizations or eco-
nomic enterprises carrying out procurement technical assistance pro-
grams in two or more service areas. 
Sec. 816. Extension of contract goal for small disadvantaged businesses and certain 
institutions of higher education. 
Sec. 817. Grants of exceptions to cost or pricing data certification requirements and 
waivers of cost accounting standards. 
Sec. 818. Timing of certification in connection with waiver of siirvivability and 
lethality testing requirements. 
Sec. 819. Contracting with Federal Prison Industries. 
Sec. 820. Revisions to multiyear contracting authority. 
Subtitle C—^Acquisition-Related Reports and Other Matters 
Sec. 821. Evaluation of training, knowledge, and resources regarding negotiation of 
intellectual property arrangements. 
Sec. 822. Independent technology readiness assessments. 
Sec. 823. Extension and amendment of requirement for annual report on defense 
commercial pricing management improvement. 
Sec. 824. Assessment of piirchases of products and services through contracts with 
other Federal departments and agencies. 
Sec. 825. Repeal of certain requirements and Comptroller General reviews of the 
requirements. 
Sec. 826. Multiyear procurement authority for purchase of dinitrogen tetroxide, hy-
drazine, and hydrazine-related products. 
Sec. 827. Multiyear procurement authority for environmental services for military 
installations. 
Sec. 828. Report on effects of Army Contracting Agency. 
Sec. 829. Authorization to take actions to correct the industrial resource shortfall 
for radiation-hardened electronics. 
Subtitle A—^Acquisition Policy and 
Management 
SEC. 801. BUY-TO-BUDGET ACQUISITION OF END ITEMS. 
(a) AUTHORITY.—(1) Chapter 137 of title 10, United States 
Code, is amended by inserting after section 2307 the following 
new section: 
"§ 2308. Buy-to-budget acquisition: end items 
"(a) AUTHORITY TO ACQUIRE ADDITIONAL END ITEMS.—Using 
funds available to the Department of Defense for the acquisition 
of an end item, the head of an agency making the acquisition 
may acquire a higher quantity of the end item than the quantity 
specified for the end item in a law providing for the funding of 
that acquisition if that head of an agency makes each of the fol-
lowing findings: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2601 
"(1) The agency has an estabhshed requirement for the 
end item that is expected to remain substantially unchanged 
throughout the period of the acquisition. 
"(2) It is possible to acquire the higher quantity of the 
end item without additional funding because of production effi-
ciencies or other cost reductions. 
"(3) The amount of the funds used for the acquisition 
of the higher quantity of the end item will not exceed the 
amount provided under that law for the acquisition of the 
end item. 
"(4) The amount so provided is sufficient to ensure that 
each unit of the end item acquired within the higher quantity 
is fully funded as a complete end item. 
"(b) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations for the administration of this section. The regulations 
shall include, at a minimum, the following: 
"(1) The level of approval within the Department of Defense 
that is required for a decision to acquire a higher quantity 
of an end item under subsection (a). 
"(2) Authority (subject to subsection (a)) to acquire up 
to 10 percent more than the quantity of an end item approved 
in a justification and approval of the use of procedures other 
than competitive procedures for the acquisition of the end item 
under section 2304 of this title. 
"(c) NOTIFICATION OF CONGRESS.—The head of an agency is Deadline, 
not required to notify Congress in advance regarding a decision 
under the authority of this section to acquire a higher quantity 
of an end item than is specified in a law described in subsection 
(a), but shall notify the congressional defense committees of the 
decision not later than 30 days after the date of the decision. 
"(d) WAIVER BY OTHER LAW.—A provision of law may 
not 
be 
construed as prohibiting the acquisition of a higher quantity of 
an end item under this section unless that provision of law— 
"(1) specifically refers to this section; and 
"(2) specifically states that the acquisition of the higher 
quantity of the end item is prohibited notwithstanding the 
authority provided in this section. 
"(e) DEFINITIONS.—(1) For the purposes of this section, a 
quantity of an end item shall be considered specified in a law 
if the quantity is specified either in a provision of that law or 
in any related representation that is set forth separately in a 
table, chart, or explanatory text included in a joint explanatory 
statement or governing committee report accompanying the law. 
"(2) In this section: 
"(A) The term 'congressional defense 
committees' 
means— 
"(i) the Committee on Armed Services and the 
Committee on Appropriations of the Senate; and 
"(ii) the Committee on Armed Services and the 
Committee on Appropriations of the House of Rep-
resentatives. 
"(B) The term 'end item' means a production product 
assembled, completed, and ready for issue or deployment. 
"(C) The term 'head of an agency' means the Secretary 
of Defense, the Secretary of the Army, the Secretary of 
the Navy, and the Secretary of the Air Force.". 
116 STAT. 2602 
PUBLIC LAW 107-314—DEC. 2, 2002 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2307 
the following new item: 
"2308. Buy-to-budget acquisition: end items.". 
1
0 use 2308 
(b) TIME FOR ISSUANCE OF FINAL REGULATIONS.—^The Secretary 
note. 
of Defense shall issue the final regulations under section 2308(b) 
of title 10, United States Code (as added by subsection (a)), not 
later than 120 days after the date of the enactment of this Act. 
SEC. 802. REPORT TO CONGRESS ON EVOLUTIONARY ACQUISITION 
OF MAJOR DEFENSE ACQUISITION PROGRAMS. 
Deadline. 
(a) REPORT REQUIRED.--(1) Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on the 
approach that the Secretary plans to take to apply the requirements 
listed in paragraph (2) to major defense acquisition programs that 
follow the evolutionary acquisition process. 
(2) The requirements referred to in paragraph (1) are— 
(A) the requirements of chapter 144 of title 10, United 
States Code; 
(B) sections 139, 181, 2366, 2399, and 2400 of such title; 
(C) Department of Defense Directive 5000.1; 
(D) Department of Defense Instruction 5000.2; 
(E) Chairman of the Joint Chiefs of Staff Instruction 
3170.0 IB; and 
(F) other provisions of law and regulations (including suc-
cessor documents) that are applicable to such programs. 
(b) CONTENT OF REPORT.—The report shall, at a minimum, 
address the following matters: 
(1) The manner in which the Secretary plans to establish 
and approve, for each increment of an evolutionary acquisition 
process— 
- (A) operational requirements; and 
(B) cost and schedule goals. 
(2) The manner in which the Secretary plans, for each 
increment of an evolutionary acquisition process— 
(A) to meet requirements for operational testing and 
live fire testing; 
(B) to monitor cost and schedule performance; and 
(C) to comply with laws requiring reports to Congress 
on results testing and on cost and schedule performance. 
(3) The manner in which the Secretary plans to ensure 
that each increment of an evolutionary acquisition process is 
designed— 
(A) to achieve interoperability within and among 
United States forces and United States coalition partners; 
and 
(B) to optimize total system performance and minimize 
total ownership costs by giving appropriate consideration 
to— 
(i) logistics planning; 
(ii) manpower, personnel, and training; 
(iii) human, environmental, safety, occupational 
health, accessibility, survivability, operational con-
tinuity, and security factors; 
(iv) protection of critical program information; and 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2603 
(v) spectrum management. 
(c) DEFINITIONS.—In this section: 
(1) The term "evolutionary acquisition process" means a 
process by which an acquisition program is conducted through 
discrete phases or blocks, with each phase or block consisting 
of the planned definition, development, production or acquisi-
tion, and fielding of hardware or software that provides oper-
ationally useful capability. 
(2) The term "increment", with respect to an evolutionary 
acquisition program, means one of the discrete phases or blocks 
of such program. 
(3) The term "major defense acquisition program" has the 
meaning given such term in section 139(a)(2)(B) of title 10, 
United States Code. 
SEC. 803. SPIRAL DEVELOPMENT UNDER MAJOR DEFENSE ACQUISI- 
10 USC 2430 
TION PROGRAMS. 
note. 
(a) AUTHORITY.—The Secretary of Defense is authorized to con-
duct major defense acquisition programs as spiral development 
programs. 
(b) 
LIMITATION 
ON 
SPIRAL 
DEVELOPMENT 
PROGRAMS.—^A 
research and development program for a major defense acquisition 
program of a military department or Defense Agency may not 
be conducted as a spiral development program unless the Secretary 
of Defense approves the spiral development plan for that research 
and development program in accordance with subsection (c). The 
Secretary of Defense may delegate authority to approve the plan 
to the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, or to the senior acquisition executive of the military 
department or Defense Agency concerned, but such authority may 
not be further delegated. 
(c) SPIRAL DEVELOPMENT PLANS.—^A spiral development plan 
for a research and development program for a major defense acquisi-
tion program shall, at a minimum, include the following matters: 
(1) A rationale for dividing the research and development 
program into separate spirals, together with a preliminary 
identification of the spirals to be included. 
(2) A program strategy, including overall cost, schedule, 
and performance goals for the total research and development 
program. 
(3) Specific cost, schedule, and performance parameters, 
including measurable exit criteria, for the first spiral to be 
conducted. 
(4) A testing plan to ensure that performance goals, param-
eters, and exit criteria are met. 
(5) An appropriate limitation on the number of prototype 
units that may be produced under the research and develop-
ment program. 
(6) Specific performance parameters, including measurable 
exit criteria, that must be met before the major defense acquisi-
tion program proceeds into production of units in excess of 
the limitation on the number of prototype units. 
(d) GUIDANCE.—Not later than 120 days after the date of the Deadline, 
enactment of this Act, the Secretary of Defense shall issue guidance 
for the implementation of spiral development programs authorized 
by this section. The guidance shall include appropriate processes 
for ensuring the independent validation of exit criteria being met, 
116 STAT. 2604 
PUBLIC LAW 107-314—DEC. 2, 2002 
the operational assessment of fieldable prototypes, and the manage-
ment of spiral development programs. 
(e) REPORTING REQUIREMENT.—The Secretary shall submit to 
Congress by September 30 of each of 2003 through 2008 a status 
report on each research and development program that is a spiral 
development program. The report shall contain information on unit 
costs that is similar to the information on unit costs under major 
defense acquisition programs that is required to be provided to 
Congress under chapter 144 of title 10, United States Code, except 
that the information on unit costs shall address projected prototype 
costs instead of production costs. 
(f) APPLICABILITY OF EXISTING LAW.—Nothing in this section 
shall be construed to exempt any program of the Department of 
Defense from the application of any provision of chapter 144 of 
title 10, United States Code, section 139, 181, 2366, 2399, or 2400 
of such title, or any requirement under Department of Defense 
Directive 5000.1, Department of Defense Instruction 5000.2, or 
Chairman of the Joint Chiefs of Staff Instruction 3170.01B in 
accordance with the terms of such provision or requirement. 
(g) DEFINITIONS.—In this section: 
(1) The term "spiral development program", with respect 
to a research and development program, means a program 
that— 
(A) is conducted in discrete phases or blocks, each 
of which will result in the development of fieldable proto-
types; and 
(B) will not proceed into acquisition until specific 
performance parameters, including measurable exit cri-
teria, have been met. 
(2) The term "spiral" means one of the discrete phases 
or blocks of a spiral development program. 
(3) The term "major defense acquisition program" has the 
meaning given such term in section 139(a)(2)(B) of title 10, 
United States Code. 
10 u s e 2302 
SEC. 804. IMPROVEMENT OF SOFTWARE ACQUISITION PROCESSES. 
(a) ESTABLISHMENT OF PROGRAMS.—(1) The Secretary of each 
military department shall establish a program to improve the soft-
ware acquisition processes of that military department. 
(2) The head of each Defense Agency that manages a major 
defense acquisition program with a substantial software component 
shall establish a program to improve the software acquisition proc-
esses of that Defense Agency. 
Deadline. 
(3) The programs required by this subsection shall be estab-
lished not later than 120 days after the date of the enactment 
of this Act. 
(b) PROGRAM REQUIREMENTS.—^A program to improve software 
acquisition processes under this section shall, at a minimum, 
include the following: 
(1) A documented process for software acquisition planning, 
requirements development and management, project manage-
ment and oversight, and risk management. 
(2) Efforts to develop appropriate metrics for performance 
measurement and continual process improvement. 
(3) A process to ensure that key program personnel have 
an appropriate level of experience or training in software 
acquisition. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2605 
(4) A process to ensure that each mihtary department 
and Defense Agency implements and adheres to established 
processes and requirements relating to the acquisition of soft-
ware. 
(c) DEPARTMENT OF DEFENSE GUIDANCE.—The Assistant Sec-
retary of Defense for Command, Control, Communications, and 
Intelligence, in consultation with the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, shall— 
(1) prescribe uniformly applicable guidance for the adminis-
tration of all of the programs established under subsection 
(a) and take such actions as are necessary to ensure that 
the military departments and Defense Agencies comply with 
the guidance; and 
(2) assist the Secretaries of the military departments and 
the heads of the Defense Agencies to carry out such programs 
effectively by— 
(A) ensuring that the criteria applicable to the selection 
of sources provides added emphasis on past performance 
of potential sources, as well as on the maturity of the 
software products offered by the potential sources; and 
(B) identifying, and serving as a clearinghouse for 
information regarding, best practices in software develop-
ment and acquisition in both the public and private sectors. 
(d) DEFINITIONS.—In this section: 
(1) The term "Defense Agency" has the meaning given 
the term in section 101(a)(ll) of title 10, United States Code. 
(2) The term "major defense acquisition program" has the 
meaning given such term in section 139(a)(2)(B) of title 10, 
United States Code. 
SEC. 805. PERFORMANCE GOALS FOR PROCURING SERVICES PURSU-
ANT TO MULTIPLE AWARD CONTRACTS. 
(a) PERFORMANCE GOALS.—Subsection (a) of section 802 of the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107; 115 Stat. 1178; 10 U.S.C. 2330 note) is amended 
to read as follows: 
"(a) GOALS.—(1) It shall be an objective of the Department 
of Defense to achieve efficiencies in procurements of services pursu-
ant to multiple award contracts through the use of— 
"(A) performance-based services contracting; 
"(B) appropriate competition for task orders under services 
contracts; 
"(C) program review, spending analyses, and improved 
management of services contracts. 
"(2) In furtherance of such objective, the Department of Defense 
shall have the following goals: 
"(A) To increase, as a percentage of all of the individual 
purchases of services made by or for the Department of Defense 
under multiple award contracts for a fiscal year (calculated 
on the basis of dollar value), the volume of the individual 
purchases of services that are made on a competitive basis 
and involve receipt of more than one offer from qualified con-
tractors to a percentage as follows: 
"(i) For fiscal year 2003, a percentage not less than 
40 percent. 
"(ii) For fiscal year 2004, a percentage not less than 
50 percent. 
116 STAT. 2606 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(iii) For fiscal year 2011, a percentage not less than 
75 percent. 
"(B) To increase, as a percentage of all of the individual 
purchases of services made by or for the Department of Defense 
under multiple award contracts for a fiscal year (calculated 
on the basis of dollar value), the use of performance-based 
purchasing specifying firm fixed prices for the specific tasks 
to be performed to a percentage as follows: 
"(i) For fiscal year 2003, a percentage not less than 
25 percent. 
"(ii) For fiscal year 2004, a percentage not less than 
35 percent. 
"(iii) For fiscal year 2005, a percentage not less than 
50 percent. 
"(iv) For fiscal year 2011, a percentage not less than 
70 percent. 
"(3) The Secretary of Defense may adjust any percentage goal 
established in paragraph (2) if the Secretary determines in writing 
that such a goal is too high and cannot reasonably be achieved. 
In the event that the Secretary chooses to adjust such a goal, 
the Secretary shall— 
"(A) establish a percentage goal that the Secretary deter-
mines would create an appropriate incentive for Department 
of Defense components to use competitive procedures or 
performance-based services contracting, as the case may be; 
and 
"(B) submit to the congressional defense committees a 
report containing an explanation of the reasons for the Sec-
retary's determination and a statement of the new goal that 
the Secretary has established.". 
(b) EXTENSION AND REVISION OF REPORTING REQUIREMENT.— 
Subsection (b) of such section is amended— 
(1) by striking "March 1, 2006" and inserting "March 1, 
2011"; and 
(2) by amending paragraph (5) to read as follows: 
"(5) Regarding the individual purchases of services that 
were made by or for the Department of Defense under multiple 
award contracts in the fiscal year preceding the fiscal year 
in which the report is required to be submitted, information 
(determined using the data collection system established under 
section 2330a of title 10, United States Code) as follows: 
"(A) The percentage (calculated on the basis of dollar 
value) of such purchases that are purchases that were 
made on a competitive basis and involved receipt of more 
than one offer from qualified contractors. 
"(B) The percentage (calculated on the basis of dollar 
value) of such purchases that are performance-based pur-
chases specif3dng firm fixed prices for the specific tasks 
to be performed.". 
(c) DEFINITIONS.—Such section is further amended by adding 
at the end the following new subsection: 
"(c) DEFINITIONS.—(1) In this section, the terms 'individual 
purchase' and 'multiple award contract' have the meanings given 
such terms in section 803(c) of this Act. 
"(2) For the purposes of this section, an individual purchase 
of services is made on a competitive basis only if it is made pursuant 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2607 
to procedures described in paragraphs (2), (3), and (4) of section 
803(b) of this Act.". 
(d) CONFORMING AMENDMENT.—^The heading for such section 
is amended by striking "SAVINGS GOALS" and inserting "PERFORM-
ANCE GOALS". 
SEC. 806. RAPID ACQUISITION AND DEPLOYMENT PROCEDURES. 
10 USC 2302 
(a) REQUIREMENT TO ESTABLISH PROCEDURES.—Not later than Deadline. 
180 days after the date of the enactment of this Act, the Secretary 
of Defense shall prescribe procedures for the rapid acquisition and 
deployment of items that are— 
(1) currently under development by the Department of 
Defense or available from the commercial sector; and 
(2) urgently needed to react to an enemy threat or to 
respond to significant and urgent safety situations. 
(b) ISSUES TO BE ADDRESSED.—The procedures prescribed 
under subsection (a) shall include the following: 
(1) A process for streamlined communications between the 
Chairman of the Joint Chiefs of Staff, the acquisition commu-
nity, and the research and development community, including— 
(A) a process for the commanders of the combatant 
commands and the Joint Chiefs of Staff to communicate 
their needs to the acquisition community and the research 
and development community; and 
(B) a process for the acquisition community and the 
research and development community to propose items that 
meet the needs communicated by the combatant commands 
and the Joint Chiefs of Staff. 
(2) Procedures for demonstrating, rapidly acquiring, and 
deploying items proposed pursuant 
to paragraph 
(1)(B), 
including— 
(A) a process for demonstrating performance and evalu-
ating for current operational purposes the existing capa-
bility of an item; 
(B) a process for developing an acquisition and funding 
strategy for the deployment of an item; and 
(C) a process for making deployment determinations 
based on information obtained pursuant to subparagraphs 
(A) and (B). 
(c) TESTING REQUIREMENT.—(1) The process for demonstrating 
performance and evaluating for current operational purposes the 
existing capability of an item prescribed under subsection (b)(2)(A) 
shall include— 
(A) an operational assessment in accordance with proce-
dures prescribed by the Director of Operational Test and 
Evaluation; and 
(B) a requirement to provide information about any defi-
ciency of the item in meeting the original requirements for 
the item (as stated in an operational requirements document 
or similar document) to the deployment 
decisionmaking 
authority. 
(2) The process may not include a requirement for any defi-
ciency of an item to be the determining factor in deciding whether 
to deploy the item. 
(d) LIMITATION.—The quantity of items of a system procured 
using the procedures prescribed pursuant to this section may not 
exceed the number established for low-rate initial production for 
116 STAT. 2608 
PUBLIC LAW 107-314—DEC. 2, 2002 
the system. Any such items shall be counted for purposes of the 
number of items of the system that may be procured through 
low-rate initial production. 
10 u s e 1702 
SEC. 807. QUICK-REACTION SPECIAL PROJECTS ACQUISITION TEAM. 
(a) ESTABLISHMENT.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall establish a team of 
highly qualified acquisition professionals who shall be available 
to advise the Under Secretary on actions that can be taken to 
expedite the acquisition of urgently needed systems. 
(b) DUTIES.—^The issues on which the team may provide advice 
shall include the following: 
(1) Industrial base issues, including the limited availability 
of suppliers. 
(2) Technology development and technology transition 
issues. 
(3) Issues of acquisition policy, including the length of 
the acquisition cycle. 
(4) Issues of testing policy and ensuring that weapon sys-
tems perform properly in combat situations. 
(5) Issues of procurement policy, including the impact of 
socio-economic requirements. 
(6) Issues relating to compliance with environmental 
requirements. 
Subtitle B—^Amendments to General Con-
tracting Authorities, Procedures, 
and 
Limitations 
SEC. 811. UMITATION PERIOD FOR TASK AND DELIVERY ORDER CON-
TRACTS. 
(a) LIMITATION PERIOD.—Section 2306c of title 10, United States 
Code, is amended by adding at the end the following new subsection: 
"(g) LIMITATION PERIOD FOR TASK AND DELIVERY ORDER CON-
TRACTS.—(1) The authority and restrictions of this section, including 
the authority to enter into contracts for periods of not more than 
five years, shall apply with respect to task order and delivery 
order contracts entered into under the authority of section 2304a, 
2304b, or 2304c of this title. 
"(2) The regulations implementing this subsection shall estab-
lish a preference that, to the maximum extent practicable, multi-
year requirements for task order and delivery order contracts be 
met with separate awards to two or more sources under the 
authority of section 2304a(d)(l)(B) of this title.". 
10 use 2306c 
(b) EFFECTIVE DATE.—Subsection (g) of section 2306c of title 
note. 
10, tjnited States Code, as added by subsection (a), shall apply 
to all task order and delivery order contracts entered into on or 
after the date of the enactment of this Act. 
(c) COMPTROLLER GENERAL REPORT.—Not later than March 
15, 2003, the Comptroller General shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the contract 
periods (including any options or extensions) for all single and 
multiple contract awards entered into under section 2304a(d) of 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2609 
title 10, United States Code, before the effective date in subsection 
(b). 
SEC. 812. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED 
PROCEDURES 
TO 
CERTAIN 
COMMERCIAL 
ITEMS; 
REPORT. 
(a) EXTENSION OF PILOT PROGRAM.—Section 4202 of the 
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-
106; 10 U.S.C. 2304 note) is amended in subsection (e) by striking 
"January 1, 2003" and inserting "January 1, 2004". 
(b) REPORT REQUIRED.—(1) Not later than March 15, 2003, 
the Comptroller General shall submit to Congress a report on 
the authority to issue solicitations for purchases of commercial 
items in excess of the simplified acquisition threshold pursuant 
to the special simplified procedures authorized by section 2304(g)(1) 
of title 10, United States Code, and section 31(a) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 427(a)). 
(2) The report required by paragraph (1) shall address, at 
a minimum— 
(A) the extent to which such authority has been used 
by the Secretary of Defense; 
(B) the benefits realized by the Department of Defense 
through the use of such authority; 
(C) the impact of the use of such authority on competition 
for contracts with the Department of Defense; and 
(D) any recommendations of the Comptroller General for 
the continuation or modification of such authority. 
SEC. 813. EXTENSION AND IMPROVEMENT OF PERSONNEL DEM-
ONSTRATION POLICIES AND PROCEDURES APPLICABLE 
TO THE CIVILIAN ACQUISITION WORKFORCE. 
(a) PLAN REQUIRED.—(1) The Secretary of Defense shall develop 
a plan for improving the personnel management policies and proce-
dures applicable to the Department of Defense civilian acquisition 
workforce based on the results of the demonstration project 
described in section 4308 of the Clinger-Cohen Act of 1996 (divisions 
D and E of Public Law 104-106; 10 U.S.C. 1701 note). 
(2) Not later than February 15, 2003, the Secretary shall submit 
to Congress the plan required under paragraph (1) and a report 
on the plan, including any recommendations for legislative action 
necessary to implement the plan. 
(b) EXTENSION OF DEMONSTRATION PROJECT AUTHORITY.—Sec-
tion 4308 of the Clinger-Cohen Act of 1996 (divisions D and E 
of Public Law 104-106; 10 U.S.C. 1701 note) is amended— 
(1) in subsection (b)(2)(C), by striking "subsection (d)(1)(A)" 
and inserting "subsection (d)(1)"; 
(2) by amending subparagraph (B) of subsection (b)(3) to 
read as follows: 
"(B) commences before October 1, 2007."; and 
(3) by adding at the end the following new subsection: 
"(e) TERMINATION OF AUTHORITY.—The authority to conduct 
a demonstration program under this section shall terminate on 
September 30, 2012.". 
116 STAT. 2610 
PUBLIC LAW 107-314—DEC. 2, 2002 
10 u s e 2306a 
note. 
Deadline. 
SEC. 
814. PAST PERFORMANCE GIVEN SIGNIFICANT WEIGHT IN 
RENEWAL OF PROCUREMENT TECHNICAL ASSISTANCE 
COOPERATIVE AGREEMENTS. 
Section 2413 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(d) In conducting a competition for the award of a cooperative 
agreement under subsection (a), and in determining the level of 
funding to provide under an agreement under subsection (b), the 
Secretary shall give significant weight to successful past perform-
ance of eligible entities under a cooperative agreement under this 
section.". 
SEC. 815. INCREASED MAXIMUM AMOUNT OF ASSISTANCE FOR TRIBAL 
ORGANIZATIONS OR ECONOMIC ENTERPRISES CAR-
RYING OUT PROCUREMENT TECHNICAL ASSISTANCE 
PROGRAMS IN TWO OR MORE SERVICE AREAS. 
Section 2414(a)(4) of title 10, United States Code, is amended 
by striking "$300,000" and inserting "$600,000". 
SEC. 816. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVAN-
TAGED BUSINESSES AND CERTAIN INSTITUTIONS OF 
HIGHER EDUCATION. 
Section 2323(k) of title 10, United States Code, is amended 
by striking "2003" both places it appears and inserting "2006". 
SEC. 817. GRANTS OF EXCEPTIONS TO COST OR PRICING DATA CER-
TIFICATION REQUIREMENTS AND WAIVERS OF COST 
ACCOUNTING STANDARDS. 
(a) 
GUIDANCE 
FOR 
EXCEPTIONS 
IN 
EXCEPTIONAL 
CIR-
CUMSTANCES.—^Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall issue guidance 
on the circumstances under which it is appropriate to grant an 
exceptional case exception or waiver with respect to certified cost 
and pricing data and cost accounting standards. 
(b) DETERMINATION REQUIRED FOR EXCEPTIONAL CASE EXCEP-
TION OR WAIVER.—^The guidance shall, at a minimum, include a 
limitation that a grant of an exceptional case exception or waiver 
is appropriate with respect to a contract, subcontract, or (in the 
case of submission of certified cost and pricing data) modification 
only upon a determination that— 
(1) the property or services cannot reasonably be obtained 
under the contract, subcontract, or modification, as the case 
may be, without the grant of the exception or waiver; 
(2) the price can be determined to be fair and reasonable 
without the submission of certified cost and pricing data or 
the application of cost accounting standards, as the case may 
be; and 
(3) there are demonstrated benefits to granting the excep-
tion or waiver. 
(c) APPLICABILITY OF NEW GUIDANCE.—^The guidance issued 
under subsection (a) shall apply to each exceptional case exception 
or waiver that is granted on or after the date on which the guidance 
is issued. 
(d) ANNUAL REPORT ON BOTH COMMERCIAL ITEM AND EXCEP-
TIONAL CASE EXCEPTIONS AND WAIVERS WITH PRICE OR VALUE 
GREATER THAN $15,000,000.—(1) The Secretary of Defense shall 
transmit to the congressional defense committees promptly after 
the end of each fiscal year a report on commercial item exceptions. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2611 
and exceptional case exceptions and waivers, described in paragraph 
(2) that were granted during that fiscal year. 
(2) The report for a fiscal year shall include— 
(A) with respect to any commercial item exception granted 
in the case of a contract, subcontract, or contract or subcontract 
modification that is expected to have a price of $15,000,000 
or more, an explanation of the basis for the determination 
that the products or services to be purchased are commercial 
items, including an identification of the specific steps taken 
to ensure price reasonableness; and 
(B) with respect to any exceptional case exception or waiver 
granted in the case of a contract or subcontract that is expected 
to have a value of $15,000,000 or more, an explanation of 
the basis for the determination described in subsection (b), 
including an identification of the specific steps taken to ensure 
that the price was fair and reasonable. 
(e) DEFINITIONS.—In this section: 
(1) The term "exceptional case exception or waiver" means 
either of the following: 
(A) An exception pursuant to section 2306a(b)(l)(C) 
of title 10, United States Code, relating to submission 
of certified cost and pricing data. 
(B) A waiver pursuant to section 26(f)(5)(B) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 
422(f)(5)(B)), relating to the applicability of cost accounting 
standards to contracts and subcontracts. 
(2) The term "commercial item exception" means an excep-
tion pursuant to section 2306a(b)(l)(B) of title 10, United States 
Code, relating to submission of certified cost and pricing data. 
SEC. 818. TIMING OF CERTIFICATION IN CONNECTION WITH WAIVER 
OF SURVIVABIUTY AND LETHALITY TESTING REQUIRE-
MENTS. 
(a) CERTIFICATION FOR EXPEDITED PROGRAMS.—Paragraph (1) 
of subsection (c) of section 2366 of title 10, United States Code, 
is amended to read as follows: 
"(1) The Secretary of Defense may waive the application of 
the survivability and lethality tests of this section to a covered 
system, munitions program, missile program, or covered product 
improvement program if the Secretary determines that live-fire 
testing of such system or program would be unreasonably expensive 
and impractical and submits a certification of that determination 
to Congress— 
"(A) before Milestone B approval for the system or program; 
or 
"(B) in the case of a system or program initiated at— 
"(i) Milestone B, as soon as is practicable after the 
Milestone B approval; or 
"(ii) Milestone C, as soon as is practicable after the 
Milestone C approval.". 
(b) DEFINITIONS.—Subsection (e) of such section is amended 
by adding at the end the following new paragraphs: 
"(8) The term 'Milestone B approval' means a decision 
to enter into system development and demonstration pursuant 
to guidance prescribed by the Secretary of Defense for the 
management of Department of Defense acquisition programs. 
116 STAT. 2612 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(9) The term 'Milestone C approval' means a decision 
to enter into production and deployment pursuant to guidance 
prescribed by the Secretary of Defense for the management 
of Department of Defense acquisition programs.". 
SEC. 819. CONTRACTING WITH FEDERAL PRISON INDUSTRIES. 
(a) ASSURANCE OF BEST VALUE FOR NATIONAL DEFENSE.—(1) 
Section 2410n of title 10, United States Code, is amended— 
(A) in subsection (a)— 
(i) by amending the heading to read as follows: 
"MARKET RESEARCH.—"; and 
(ii) by striking "comparable in price, quality, and time 
of delivery to products available from the private sector" 
and inserting "comparable to products available from the 
private sector that best meet the Department's needs in 
terms of price, quality, and time of delivery"; 
(B) by striking subsection (b) and inserting the following: 
"(b) COMPETITION REQUIREMENT.—If the Secretary determines 
that a Federal Prison Industries product is not comparable in 
price, quality, or time of delivery to products available from the 
private sector that best meet the Department's needs in terms 
of price, quality, and time of delivery, the Secretary shall use 
competitive procedures for the procurement of the product or shall 
make an individual purchase under a multiple award contract. 
In conducting such a compeititon or making such a purchase, the 
Secretary shall consider a timely offer from Federal Prison Indus-
tries."; and 
(C) by adding at the end the following new subsections: 
"(c) IMPLEMENTATION BY SECRETARY OF DEFENSE.—The Sec-
retary of Defense shall ensure that— 
"(1) the Department of Defense does not purchase a Federal 
Prison Industries product or service unless a contracting officer 
of the Department determines that the product or service is 
comparable to products or services available from the private 
sector that best meet the Department's needs in terms of price, -
quality, and time of delivery; and 
"(2) Federal Prison Industries performs its contractual 
obligations to the same extent as any other contractor for 
the Department of Defense. 
"(d) 
MARKET 
RESEARCH 
DETERMINATION NOT SUBJECT TO 
REVIEW.—A determination by a contracting officer 
regarding 
whether a product or service offered by Federal Prison Industries 
is comparable to products or services available from the private 
sector that best meet the Department's needs in terms of price, 
quality, and time of delivery shall not be subject to review pursuant 
to section 4124(b) of title 18. 
"(e) PERFORMANCE AS A SUBCONTRACTOR.—(1) A contractor or 
potential contractor of the Department of Defense may not be 
required to use Federal Prison Industries as a subcontractor or 
supplier of products or provider of services for the performance 
of a Department of Defense contract by any means, including means 
such as— 
"(A) a contract solicitation provision requiring a contractor 
to offer to make use of products or services of Federal Prison 
Industries in the performance of the contract; 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2613 
"(B) a contract specification requiring the contractor to 
use specific products or services (or classes of products or serv-
ices) offered by Federal Prison Industries in the performance 
of the contract; or 
"(C) any contract modification directing the use of products 
or services of Federal Prison Industries in the performance 
of the contract. 
"(2) In this subsection, the term 'contractor', with respect to 
a contract, includes a subcontractor at any tier under the contract. 
"(f) PROTECTION OF CLASSIFIED AND SENSITIVE INFORMATION.— 
The Secretary of Defense may not enter into any contract with 
Federal Prison Industries under which an inmate worker would 
have access to— 
"(1) any data that is classified; 
"(2) any geographic data regarding the location of— 
"(A) surface and subsurface infrastructure providing 
communications or water or electrical power distribution; 
"(B) pipelines for the distribution of natural gas, bulk 
petroleum products, or other commodities; or 
"(C) other utilities; or 
"(3) any personal or financial information about any indi-
vidual private citizen, including information relating to such 
person's real property however described, without the prior 
consent of the individual. 
"(g) DEFINITIONS.—In this section: 
"(1) The term 'competitive procedures' has the meaning 
given such term in section 2302(2) of this title. 
"(2) The term 'market research' means obtaining specific 
information about the price, quality, and time of delivery of 
products available in the private sector through a variety of 
means, which may include— 
"(A) contacting knowledgeable individuals in govern-
ment and industry; 
"(B) 
interactive 
communication 
among 
industry, 
acquisition personnel, and customers; and 
"(C) interchange meetings or pre-solicitation con-
ferences with potential offerors.". 
(2) Paragraph (1) and the amendments made by such paragraph 
shall take effect as of October 1, 2001. 
(b) REGULATORY IMPLEMENTATION.—(1) Proposed revisions to 
the Department of Defense Supplement to the Federal Acquisition 
Regulation to implement this section shall be published not later 
than 90 days after the date of the enactment of this Act, and 
not less than 60 days shall be provided for public comment on 
the proposed revisions. 
(2) Final regulations shall be published not later than 180 
days after the date of the enactment of this Act and shall be 
effective on the date that is 30 days after the date of the publication. 
SEC. 820. REVISIONS TO MULTIYEAR CONTRACTING AUTHORITY. 
(a) 
USE OF PROCUREMENT AND ADVANCE PROCUREMENT 
FUNDS.—Section 2306b(i) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
"(4)(A) The Secretary of Defense may obligate funds for procure-
ment of an end item under a multiyear contract for the purchase 
of property only for procurement of a complete and usable end 
item. 
Effective date. 
10 u s e 2410n 
note. 
Publication. 
Deadlines. 
10 u s e 2410n 
note. 
116 STAT. 2614 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(B) The Secretary of Defense may obligate funds appropriated 
for any fiscal year for advance procurement under a contract for 
the purchase of property only for the procurement of those long-
lead items necessary in order to meet a planned delivery schedule 
for complete major end items that are programmed under the 
contract to be acquired with funds appropriated for a subsequent 
fiscal year (including an economic order quantity of such long-
lead items when authorized by law).". 
10 use 2306b 
(b) EFFECTIVE DATE.—(1) Paragraph (4) of section 2306b(i) of 
°ote. 
title 10, United States Code, as added by subsection (a), shall 
not apply with respect to any contract awarded before the date 
of the enactment of this Act. 
(2) Nothing in this section shall be construed to authorize 
the expenditure of funds under any contract awarded before the 
date of the enactment of this Act for any purpose other than 
the purpose for which such funds have been authorized and appro-
priated. 
Subtitle C—^Acquisition-Related Reports 
and Other Matters 
SEC. 821. EVALUATION OF TRAINING, KNOWLEDGE, AND RESOURCES 
REGARDING NEGOTIATION OF INTELLECTUAL PROP-
ERTY ARRANGEMENTS. 
(a) AVAILABILITY OF TRAINING, KNOWLEDGE, AND RESOURCES.— 
The Secretary of Defense shall evaluate the training, knowledge, 
and resources needed by the Department of Defense in order to 
effectively negotiate intellectual property rights using the principles 
of the Defense Federal Acquisition Regulation Supplement and 
determine whether the Department of Defense currently has in 
place the training, knowledge, and resources available to meet 
those Departmental needs. 
DeadUne. 
(b) REPORT.—Not later than February 1, 2003, the Secretary 
of Defense shall submit to Congress a report describing— 
(1) the results of the evaluation performed under subsection 
(a); 
(2) to the extent the Department does not have adequate 
training, knowledge, and resources available, actions to be 
taken to improve training and knowledge and to make resources 
available to meet the Department's needs; and 
(3) the number of Department of Defense legal personnel 
trained in negotiating intellectual property arrangements. 
SEC. 822. INDEPENDENT TECHNOLOGY READINESS ASSESSMENTS. 
Section 804(b) of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1180) is amended— 
(1) by striking "and" at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(3) identify each case in which an authoritative decision 
has been made within the Department of Defense not to conduct 
an independent technology readiness assessment for a critical 
technology on a major defense acquisition program and explain 
the reasons for the decision.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2615 
SEC. 
823. EXTENSION AND AMENDMENT OF REQUIREMENT FOR 
ANNUAL REPORT ON DEFENSE COMMERCIAL PRICING 
MANAGEMENT IMPROVEMENT. 
Section 803(c)(4) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 2082; 10 U.S.C. 2306a note) is amended— 
(1) by striking "2000, 2001, and 2002," and inserting "2000 
through 2006,"; 
(2) by inserting after "were conducted" the following: "by 
the Secretary of each military department and the Director 
of the Defense Logistics Agency"; and 
(3) by inserting after "actions taken" the following: "by 
each Secretary and the Director". 
SEC. 824. ASSESSMENT OF PURCHASES OF PRODUCTS AND SERVICES 
THROUGH CONTRACTS WITH OTHER FEDERAL DEPART-
MENTS AND AGENCIES. 
(a) REQUIREMENT FOR ASSESSMENT.—The Secretary of Defense 
shall carry out an assessment of purchases by the Department 
of Defense of products and services through contracts entered into 
with other Federal departments and agencies. 
(b) 
PERIOD 
COVERED 
BY 
ASSESSMENT.—The 
assessment 
required by subsection (a) shall cover purchases made during fiscal 
years 2000 through 2002. 
(c) REPORT.—^Not later than February 1, 2003, the Secretary Deadline. 
of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on the 
results of the assessment conducted under subsection (a). The report 
shall include the following: 
(1) The total amount paid by the Department of Defense 
as fees for the acquisition of such products and services. 
(2) A determination of whether such total amount paid 
is excessive and should be reduced. 
(3) A description of the benefits received by the Department 
as a result of purchasing such products and services through 
such contracts. 
SEC. 825. 
REPEAL 
OF 
CERTAIN 
REQUIREMENTS 
AND COMPTROLLER 
GENERAL 
REVIEWS 
OF 
THE 
REQUIREMENTS. 
(a) TERMINATION OF AUTHORITY TO TRANSFER FUNDS INTO 
DEFENSE MODERNIZATION ACCOUNT.—(1) Paragraph (1) of section 
912(c) of the National Defense Authorization Act for Fiscal Year 
1996 (Public Law 104-106; 110 Stat. 410; 10 U.S.C. 2216 note) 
is amended by striking "September 30, 2003" and inserting "Sep-
tember 30, 2002". 
(2) Section 912(d) of such Act (110 Stat. 410; 10 U.S.C. 2216 
note), relating to Comptroller General reviews of the administration 
of the Defense Modernization Account, is repealed. 
(b) 
REPEAL OF SOLUTIONS-BASED CONTRACTING PILOT PRO-
GRAM.—(1) Section 11522 of title 40, United States Code, is repealed. 
(2)(A) Section 11501 of title 40, United States Code, is 
amended— 
(i) in the section heading, by striking "PROGRAMS" and 
inserting "PROGRAM"; 
(ii) in subsection (a)(1), by striking "conduct pilot programs" 
and inserting "conduct a pilot program pursuant to the require-
ments of section 11521 of this title"; 
116 STAT. 2616 
PUBLIC LAW 107-314—DEC. 2, 2002 
(iii) in subsection (a)(2), by striking "each pilot program" 
and inserting "the pilot program"; 
(iv) in subsection (b)— 
(I) by striking "LIMITATIONS.—" and all that follows 
through "pilot programs conducted" and inserting the fol-
lowing: "LIMITATION ON AMOUNT.—The total amount obli-
gated for contracts entered into under the pilot program 
conducted"; and 
(II) by striking "paragraph." and inserting "sub-
section."; and 
(v) in subsection (c)(1), by striking "a pilot" and inserting 
"the pilot". 
(B) The following provisions of chapter 115 of such title are 
each amended by striking "a pilot" each place it appears and 
inserting "the pilot": 
(i) Section 11502(a). 
(ii) Section 11502(b). 
(iii) Section 11503(a). 
(iv) Section 11504. 
(C) Section 11505 of such chapter is amended by striking "pro-
grams" and inserting "program". 
(3)(A) The chapter heading for chapter 115 of such title is 
amended by striking "PROGRAMS" and inserting "PROGRAM". 
(B) The subchapter heading for subchapter I and for subchapter 
II of such chapter are each amended by striking "PROGRAMS" 
and inserting "PROGRAM". 
(C) The item relating to subchapter I in the table of sections 
at the beginning of such chapter is amended to read as follows: 
"SUBCHAPTER I—CONDUCT OF PILOT PROGRAM". 
(D) The item relating to subchapter II in the table of sections 
at the beginning of such chapter is amended to read as follows: 
"SUBCHAPTER II—SPECIFIC PILOT PROGRAM". 
(E) The item relating to section 11501 in the table of sections 
at the beginning of such is amended by striking "programs" and 
inserting "program". 
(F) The table of sections at the beginning of such chapter 
is amended by striking the item relating to section 11522. 
(G) The item relating to chapter 115 in the table of chapters 
for subtitle III of title 40, United States Code, is amended to 
read as follows: 
"115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM ....11501". 
(c) REPEAL OF ON-LINE MULTIPLE AWARD SCHEDULE CON-
TRACTING REQUIREMENTS.—(1) Section 11701 of title 40, United 
States Code, is repealed. 
(2) Sections 11702, 11703, and 11704 of such title are redesig-
nated as sections 11701, 11702, and 11703, respectively. 
(3) The table of sections for chapter 117 of such title is 
amended— 
(A) by striking the item relating to section 11701; and 
(B) by redesignating the items relating to sections 11702, 
11703, and 11704 as sections 11701, 11702, and 11703, respec-
tively. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2617 
SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR PURCHASE OF 
DINITROGEN TETROXIDE, HYDRAZINE, AND HYDRAZINE-
RELATED PRODUCTS. 
(a) IN GENERAL.—Chapter 141 of title 10, United States Code, 
is amended by inserting after section 2410n the following new 
section: 
"§2410o. Multiyear procurement authority: purchase 
of 
dinitrogen tetroxide, hydrazine, and hydrazine-
related products 
"(a) TEN-YEAR CONTRACT PERIOD.—The Secretary of Defense 
may enter into a contract for a period of up to 10 years for the 
purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related 
products for the support of a United States national security pro-
gram or a United States space program. 
"(b) EXTENSIONS.—^A contract entered into for more than one 
year under the authority of subsection (a) may be extended for 
a total of not more than 10 years pursuant to any option or options 
set forth in the contract.", 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
item: 
"2410o. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydra-
zine, and hydrazine-related products.". 
SEC. 827. MULTIYEAR PROCUREMENT AUTHORITY FOR ENVIRON-
MENTAL SERVICES FOR MILITARY INSTALLATIONS. 
(a) AUTHORITY.—Subsection (b) of section 2306c of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(5) Environmental remediation services for— 
"(A) an active military installation; 
"(B) a military installation being closed or realigned 
under a base closure law; or 
"(C) a site formerly used by the Department of 
Defense.". 
(b) DEFINITIONS.—Such section, as amended by section 311, 
is further amended by adding at the end the following new sub-
section: 
"(h) ADDITIONAL DEFINITIONS.—In this section: 
"(1) The term TDase closure law' has the meaning given 
such term in section 2667(h)(2) of this title. 
"(2) The term 'military installation' has the meaning given 
such term in section 2801(c)(2) of this title.". 
SEC. 828. REPORT ON EFFECTS OF ARMY CONTRACTING AGENCY. 
(a) IN GENERAL.—The Secretary of the Army shall submit a 
report on the effects of the establishment of an Army Contracting 
Agency on small business participation in Army procurements 
during the first year of operation of such an agency to— 
(1) the Committee on Armed Services of the House of 
Repre 
sentati 
ve 
s; 
(2) the Committee on Armed Services of the Senate; 
(3) the Committee on Small Business of the House of Rep-
resentatives; and 
(4) the Committee on Small Business and Entrepreneurship 
of the Senate. 
116 STAT. 2618 
PUBLIC LAW 107-314—DEC. 2, 2002 
(b) CONTENT.—The report required under subsection (a) shall 
include, in detail— 
(1) the justification for the establishment of an Army Con-
tracting Agency; 
(2) the impact of the creation of an Army Contracting 
Agency on— 
(A) Army compliance with— 
(i) Department of Defense Directive 4205.1; 
(ii) section 15(g) of the Small Business Act (15 
U.S.C. 644(g)); and 
(iii) section 15(k) of the Small Business Act (15 
U.S.C. 644(k)); and 
(B) small business participation in Army procurement 
of products and services for affected Army installations, 
including— 
(i) the impact on small businesses located near 
Army installations, including— 
(I) the increase or decrease in the total value 
of Army prime contracting with local small 
businesses; and 
(II) the opportunities for small 
business 
owners to meet and interact with Army procure-
ment personnel; and 
(ii) any change or projected change in the use 
of consolidated contracts and bundled contracts; and 
(3) a description of the Army's plan to address any negative 
impact on small business participation in Army procurement, 
to the extent such impact is identified in the report. 
(c) TIME FOR SUBMISSION.—^The report under this section shall 
be submitted 15 months after the date of the establishment of 
the Army Contracting Agency. 
50 u s e app. 
SEC. 829. AUTHORIZATION TO TAKE ACTIONS TO CORRECT THE INDUS-
2093 note. 
TRIAL RESOURCE SHORTFALL FOR RADIATION-HARD-
ENED ELECTRONICS. 
Notwithstanding the limitation in section 303(a)(6)(C) of the 
Defense Production Act of 1950 (50 U.S.C. App. 2093(a)(6)(C)), 
action or actions may be taken under section 303 of that Act 
to correct the industrial resource shortfall for radiation-hardened 
electronics, if such actions do not cause the aggregate outstanding 
amount of all such actions to exceed $106,000,000. 
TITLE 
IX—DEPARTMENT 
OF 
DEFENSE 
ORGANIZATION 
AND MANAGEMENT 
Subtitle A—Duties and Functions of Department of Defense Officers 
Sec. 901. Under Secretary of Defense for Intelligence. 
Sec. 902. Reorganization of Ofiice of Secretary of Defense for administration of du-
ties relating to homeland defense and combating terrorism. 
Subtitle B—Space Activities 
Sec. 911. Oversight of acquisition for defense space programs. 
Sec. 912. Report regarding assured access to space for the United States. 
Subtitle C—Reports 
Sec. 921. Report on establishment of United States Northern Command. 
Sec. 922. Time for submittal of report on Quadrennial Defense Review. 
Sec. 923. National defense mission of Coast Guard to be included in future Quad-
rennial Defense Reviews. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2619 
Sec. 924. Report on establishment of a Joint National Training Complex and joint 
opposing forces. 
Subtitle D—Other Matters 
Sec. 931. Authority to accept gifts for National Defense University. 
Sec. 932. Western Hemisphere Institute for Security Cooperation. 
Sec. 933. Conforming amendment to reflect disestablishment of Department of De-
fense Consequence Management Program Integration Office. 
Sec. 934. Increase in number of Deputy Commandants of the Marine Corps. 
Subtitle A—Duties and Functions of 
Department of Defense Officers 
SEC. 
9
0
1
. 
UNDER 
SECRETARY 
OF 
DEFENSE 
FOR 
INTELUGENCE. 
(a) ESTABLISHMENT OF POSITION.—Chapter 4 of title 10, United 
States Code, is amended— 
(1) by transferring section 137 within such chapter to 
appear after section 139 and redesignating that section as 
section 139a; and 
(2) by inserting after section 136a the following new section 
137: 
"§ 137. Under Secretary of Defense for Intelligence 
"(a) There is an Under Secretary of Defense for Intelligence, 
appointed from civilian life by the President, by and with the 
advice and consent of the Senate. 
"(b) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Under Secretary of Defense for Intelligence 
shall perform such duties and exercise such powers as the Secretary 
of Defense may prescribe in the area of intelligence. 
"(c) The Under Secretary of Defense for Intelligence takes prece-
dence in the Department of Defense after the Under Secretary 
of Defense for Personnel and Readiness.". 
(b) CONFORMING AMENDMENTS.—(1) Section 131(b) of such title 
is amended— 
(A) by striking paragraphs (2) through (5) and inserting 
the following: 
"(2) The Under Secretaries of Defense, as follows: 
"(A) The Under Secretary of Defense for Acquisition, 
Technology, and Logistics. 
"(B) The Under Secretary of Defense for Policy. 
"(C) The Under Secretary of Defense (Comptroller). 
"(D) The Under Secretary of Defense for Personnel 
and Readiness. 
"(E) The Under Secretary of Defense for Intelligence."; 
and 
(B) by redesignating paragraphs (6), (7), (8), (9), (10), and 
(11) as paragraphs (3), (4), (5), (6), (7), and (8), respectively. 
(2) The table of sections at the beginning of chapter 4 of 
such title is amended— 
(A) by striking the item relating to section 137 and 
inserting the following: 
"137. Under Secretary of Defense for Intelligence."; 
and 
116 STAT. 2620 
PUBLIC LAW 107-314—DEC. 2, 2002 
(B) by inserting after the item relating to section 139 
the following new item: 
"139a. Director of Defense Research and Engineering.". 
(c) EXECUTIVE LEVEL III.—Section 5314 of title 5, United States 
Code, is amended by inserting after "Under Secretary of Defense 
for Personnel and Readiness." the following: 
"Under Secretary of Defense for Intelligence.". 
10 use 137 note. 
(d) RELATIONSHIP TO AUTHORITIES UNDER NATIONAL SECURITY 
ACT OF 1947.—Nothing in section 137 of title 10, United States 
Code, as added by subsection (a), shall supersede or modify the 
authorities of the Secretary of Defense and the Director of Central 
Intelligence as established by the National Security Act of 1947 
(50U.S.C. 401etseq.). 
Deadline. 
(e) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the establishment of the position of Under 
Secretary of Defense for Intelligence. The report shall set forth 
the following: 
(1) The mission prescribed for that Under Secretary. 
(2) The organizational structure established for the office 
of that Under Secretary. 
(3) The relationship of that Under Secretary with the Under 
Secretary of Defense for Acquisition, Technology, and Logistics 
and the Under Secretary of Defense for Policy. 
(4) The relationship of that Under Secretary with each 
of the following intelligence components of the Department 
of Defense: the National Security Agency, the Defense Intel-
ligence Agency, the National Imagery and Mapping Agency, 
and the National Reconnaissance Office. 
(5) The mission of the position designated, as of the date 
of the enactment of this Act, as Assistant Secretary of Defense 
for Command, Control, Communications, and Intelligence and 
the relationship of that position to the Under Secretary of 
Defense for Intelligence. 
SEC. 902. REORGANIZATION OF OFFICE OF SECRETARY OF DEFENSE 
FOR ADMINISTRATION OF DUTIES RELATING TO HOME-
LAND DEFENSE AND COMBATING TERRORISM. 
(a) 
ASSISTANT 
SECRETARY 
OF 
D E F E N S E 
FOR 
H O M E L / J I D 
DEFENSE.—Section 138(b) of title 10, United States Code, is 
amended by inserting after paragraph (2) the following new para-
graph: 
"(3) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Homeland Defense. He shall have as his 
principal duty the overall supervision of the homeland defense 
activities of the Department of Defense.". 
(b) TRANSFER TO UNDER SECRETARY OF DEFENSE FOR POLICY 
OF RESPONSIBILITY FOR COMBATING TERRORISM.—Section 134(b) of 
such title is amended by adding at the end the following new 
paragraph: 
"(4) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Under Secretary of Defense for Policy shall 
have overall direction and supervision for policy, program planning 
and execution, and allocation and use of resources for the activities 
of the Department of Defense for combating terrorism.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2621 
(c) CONFORMING AMENDMENT.—Section 138(b) of such title is 
amended by striking paragraph (6). 
(d) REPEAL OF PREVIOUS CONTINGENT REDUCTION IN NUMBER 
OF ASSISTANT SECRETARIES OF DEFENSE.—Subsections (c) and (d) 
of section 901 of the National Defense Authorization Act for Fiscal 
Year 2002 (PubHc Law 107-107; 115 Stat. 1194) are repealed. 5USC5315; 
10 u s e 138. 
Subtitle B—Space Activities 
SEC. 911. OVERSIGHT OF ACQUISITION FOR DEFENSE SPACE PRO-
GRAMS. 
(a) IN GENERAL.—The Secretary of Defense shall provide for 
oversight of acquisition for defense space programs through appro-
priate organizations of the Office of the Secretary of Defense. 
(b) REPORT ON OVERSIGHT.—(1) Not later than March 15, 2003, DeadUne. 
the Secretary of Defense shall submit to the congressional defense 
committees a detailed plan on how the Office of the Secretary 
of Defense shall provide oversight of acquisition for defense space 
programs. 
(2) The plan shall set forth the following: 
(A) The organizations in the Office of the Secretary of 
Defense, and the Joint Staff organizations, to be involved in 
oversight of acquisition for defense space programs. 
(B) The process for the review of acquisition for defense 
space programs by the organizations specified under subpara-
graph (A). 
(C) The process for the provision by such organizations 
of technical, programmatic, scheduling, and budgetary oversight 
of acquisition for defense space programs. 
(D) The process for the development of independent cost 
estimates for acquisition for defense space programs, including 
the organization responsible for developing such cost estimates 
and when such cost estimates shall be required. 
(E) The process by which the military departments, Defense 
Agencies, and organizations in the Office of the Secretary of 
Defense develop and coordinate the budgets for acquisition 
for defense space programs. 
(F) The process for the resolution of conflicts among the 
Department of Defense elements referred to in subparagraphs 
(A) and (E) regarding acquisition for defense space programs. 
(c) DEFENSE SPACE PROGRAM DEFINED.—In this section, the 
term "defense space program" means a program of the Department 
of Defense that— 
(1) is included in the "virtual major force program" for 
space activities that was established by the Secretary of Defense 
and was to have been submitted with the 2003 fiscal year 
budget for the Department of Defense; or 
(2) after the date of the enactment of this Act, is included 
in a virtual major force program for space categories or in 
a major force program for space activities established after 
such date. 
SEC. 912. REPORT REGARDING ASSURED ACCESS TO SPACE FOR THE 
UNITED STATES. 
(a) PLAN.—The Secretary of Defense shall— 
99-194 O - 03 - 7 : QL 3 Part 4 
116 STAT. 2622 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
(1) evaluate all options for sustaining the space launch 
industrial base of the United States; and 
(2) develop an integrated, long-range, and adequately 
funded plan for assuring access to space by the United States, 
(b) REPORT.—Not later than March 1, 2003, the Secretary of 
Defense shall submit to Congress a report on the plan developed 
under subsection (a)(2). 
Subtitle C—^Reports 
DeadUne. 
SEC. 921. REPORT ON ESTABLISHMENT OF UNITED STATES NORTHERN 
COMMAND. 
Not later than March 1, 2003, the Secretary of Defense shall 
submit to the Committees on Aimed Services of the Senate and 
the House of Representatives a report providing an implementation 
plan for the establishment of the United States Northern Command, 
which is established effective October 1, 2002. The report shall 
address the following: 
(1) The required budget for standing-up and maintaining 
that command over the period of the future-years defense pro-
gram. 
(2) The rationale for the selection of Peterson Air Force 
Base, Colorado, as the headquarters of that command, the 
criteria used in the selection of Peterson Air Force Base, and 
the alternative locations considered for that headquarters. 
(3) The required military and civilian personnel levels for 
the headquarters of that command and a specification of the 
combatant commands and other Department of Defense sources 
from which such headquarters personnel will be transferred, 
shown by the number of military and civilian personnel from 
each such command or other Department of Defense source. 
(4) The organization of the command, a justification of 
any components of the command, and a review of organizations 
and units permanently assigned or tasked to the command. 
(5) The relationship of that command (A) to the Office 
of Homeland Security, the Department of Homeland Security, 
the Homeland Security Council, and any other Federal coordi-
nating entity, (B) to other Federal departments and agencies, 
and (C) to State and local law enforcement agencies. 
(6) The relationship of that command with the National 
Guard Bureau, individual State National Guard Headquarters, 
and State and local officials the command may be called upon 
to provide support. 
(7) The legal implications of members of the Armed Forces, 
including the National Guard in both Federal and State status, 
operating on United States territory pursuant to missions, oper-
ations, or activities of that command. 
(8) The status of Department of Defense consultations— 
(A) with Canada regarding Canada's role in, or rela-
tionship with, and any expansion of mission for, the North 
American Air Defense Command; and 
(B) with Mexico regarding Mexico's role in, or relation-
ship with, the United States Northern Command. 
(9) The status of United States consultations with the 
North Atlantic Treaty Organization relating to the position 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2623 
of Supreme Allied Commander, Atlantic, and the new chain 
of command for that position. 
(10) The effect of the creation of the United States Northern 
Command on the mission, budget, and resource levels of other 
combatant commands, particularly the United States Joint 
Forces Command. 
SEC. 922. TIME FOR SUBMITTAL OF REPORT ON QUADRENNIAL 
DEFENSE REVIEW. 
Section 118(d) of title 10, United States Code, is amended 
by striking "not later than September 30 of the year in which 
the review is conducted" in the second sentence and inserting 
"in the year following the year in which the review is conducted, 
but not later than the date on which the President submits the 
budget for the next fiscal year to Congress under section 1105(a) 
of title 31". 
SEC. 923. NATIONAL DEFENSE MISSION OF COAST GUARD TO BE 
INCLUDED 
IN 
FUTURE 
QUADRENNIAL 
DEFENSE 
REVIEWS. 
Section 118(d) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (14) as paragraph (15); 
and 
(2) by inserting after paragraph (13) the following new 
paragraph: 
"(14) The national defense mission of the Coast Guard.". 
SEC. 924. REPORT ON ESTABLISHMENT 
OF A JOINT 
NATIONAL 
TRAINING COMPLEX AND JOINT OPPOSING FORCES. 
(a) REPORT REQUIRED.—The commander of the United States 
Joint Forces Command shall submit to the Secretary of Defense 
a report that outlines a plan that would provide for the development 
and implementation of a joint national training concept together 
with the establishment of a joint training complex for supporting 
the implementation of that concept. Such a concept and complex— 
(1) may include various training sites, mobile training 
ranges, public and private modeling and simulation centers, 
and appropriate joint opposing forces; and 
(2) shall be capable of supporting field exercises and 
experimentation at the operational level of war across a broad 
spectrum of adversary capabilities. 
(b) SUBMISSION OF REPORT.—Not later than six months after Deadline, 
the date of the enactment of this Act, the Secretary shall submit 
the report under subsection (a), together with any comments that 
the Secretary considers appropriate and any comments that the 
Chairman of the Joint Chiefs of Staff considers appropriate, to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives. The report 
may be included in the next annual report submitted under section 
485 of title 10, United States Code, after the date of the enactment 
of this Act or it may be submitted separately. 
(c) MATTERS TO BE INCLUDED.—The report under subsection 
(a) shall include the following: 
(1) An identification and description of the types of joint 
training and experimentation that would be conducted at such 
a joint national training complex, together with a description 
of how such training and experimentation would enhance 
accomplishment of the six critical operational goals for the 
116 STAT. 2624 
PUBLIC LAW 107-314—DEC. 2, 2002 
Department of Defense specified at page 30 of the Quadrennial 
Defense Review Report of the Secretary of Defense issued on 
September 30, 2001. 
(2) A discussion of how establishment of such a complex 
(including joint opposing forces) would promote innovation and 
transformation throughout the Department of Defense. 
(3) A discussion of how results from training and experi-
ments conducted at such a complex would be taken into consid-
eration in the Department of Defense plans, programs, and 
budgeting process and by appropriate decision making bodies 
within the Department of Defense. 
(4) A methodology, framework, and options for selecting 
sites for such a complex, including consideration of current 
training facilities that would accommodate requirements among 
all the Armed Forces. 
(5) Options for development as part of such a complex 
of a joint urban warfare training center that could also be 
used for homeland defense and consequence management 
training for Federal, State, and local training. 
(6) Cost estimates and resource requirements to establish 
and maintain such a complex, including estimates of costs 
and resource requirements for the use of contract personnel 
for the performance of management, operational, and logistics 
activities for such a complex. 
(7) An explanation of the relationship between and among 
such a complex and the Department of Defense Office of Trans-
formation, the Joint Staff", the United States Joint Forces Com-
mand, the United States Northern Command, and each element 
of the major commands within the separate Armed Forces 
with responsibility for experimentation and training. 
(8) A discussion of how implementation of a joint opposing 
force would be established, including the feasibility of using 
qualified contractors for the function of establishing and 
maintaining joint opposing forces and the role of foreign forces. 
(9) A timeline for the establishment of such a complex 
and for such a complex to achieve (A) initial operational capa-
bility, and (B) full operational capability. 
Subtitle D—Other Matters 
SEC. 931. AUTHORITY TO ACCEPT GIFTS FOR NATIONAL DEFENSE 
UNIVERSITY. 
(a) IN GENERAL.—Chapter 155 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 2612. National Defense University: acceptance of gifts 
"(a) The Secretary of Defense may accept, hold, administer, 
and spend any gift, including a gift from an international organiza-
tion and a foreign gift or donation (as defined in section 2611(f) 
of this title), that is made on the condition that it be used in 
connection with the operation or administration of the National 
Defense University. The Secretary may pay all necessary expenses 
in connection with the acceptance of a gift under this subsection. 
"(b) There is established in the Treasury a fund to be known 
as the 'National Defense University Gift Fund'. Gifts of money, 
and the proceeds of the sale of property, received under subsection 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2625 
(a) shall be deposited in the fund. The Secretary may disburse 
funds deposited under this subsection for the benefit or use of 
the National Defense University. 
"(c) Subsection (c) of section 2601 of this title applies to property 
that is accepted under subsection (a) in the same manner that 
such subsection applies to property that is accepted under sub-
section (a) of that section. 
"(d)(1) Upon request of the Secretary of Defense, the Secretary 
of the Treasury may— 
"(A) retain money, securities, and the proceeds of the sale 
of securities, in the National Defense University Gift Fund; 
and 
"(B) invest money and reinvest the proceeds of the sale 
of securities in that fund in securities of the United States 
or in securities guaranteed as to principal and interest by 
the United States. 
"(2) The interest and profits accruing from those securities 
shall be deposited to the credit of the fund and may be disbursed 
as provided in subsection (b). 
"(e) In this section: 
"(1) the term 'gift' includes a devise of real property or 
a bequest of personal property and any gift of an interest 
in real property. 
"(2) The term 'National Defense University' includes any 
school or other component of the National Defense University 
specified under section 2165(b) of this title. 
"(f) The Secretary of Defense shall prescribe regulations to 
carry out this section.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2612. National Defense University: acceptance of gifts.". 
SEC. 932. WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERA-
TION. 
(a) AUTHORITY TO ACCEPT FOREIGN GIFTS AND DONATIONS.— 
Section 2166 of title 10, United States Code, is amended— 
(1) by redesignating subsections (f), (g), and (h), as sub-
sections (g), (h), and (i), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
"(f) AUTHORITY TO ACCEPT FOREIGN GIFTS AND DONATIONS.— 
(1) The Secretary of Defense may, on behalf of the Institute, accept 
foreign gifts or donations in order to defray the costs of, or enhance 
the operation of, the Institute. 
"(2) Funds received by the Secretary under paragraph (1) shall 
be credited to appropriations available for the Department of 
Defense for the Institute. Funds so credited shall be merged with 
the appropriations to which credited and shall be available for 
the Institute for the same purposes and same period as the appro-
priations with which merged. 
"(3) The Secretary of Defense shall notify Congress if the total Notification, 
amount of money accepted under paragraph (1) exceeds $1,000,000 
in any fiscal year. Any such notice shall list each of the contributors 
of such money and the amount of each contribution in such fiscal 
year. 
116 STAT. 2626 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(4) For the purposes of this subsection, a foreign gift or dona-
tion is a gift or donation of funds, materials (including research 
materials), property, or services (including lecture services and fac-
ulty services) from a foreign government, a foundation or other 
charitable organization in a foreign country, or an individual in 
a foreign country.". 
(b) CONTENT OF ANNUAL REPORT TO CONGRESS.—Subsection 
(i) of such section, as redesignated by subsection (a)(1), is amended 
by inserting after the first sentence the following: "The report 
shall include a copy of the latest report of the Board of Visitors 
received by the Secretary under subsection (e)(5), together with 
any comments of the Secretary on the Board's report.". 
SEC. 933. CONFORMING AMENDMENT TO REFLECT DISESTABLISH-
MENT OF DEPARTMENT OF DEFENSE CONSEQUENCE 
MANAGEMENT PROGRAM INTEGRATION OFFICE. 
Section 12310(c)(3) of title 10, United States Code, is amended 
by striking "only—" and all that follows through "(B) while assigned" 
and inserting "only while assigned". 
SEC. 934. INCREASE IN NUMBER OF DEPUTY COMMANDANTS OF THE 
MARINE CORPS. 
Section 5045 of title 10, United States Code, is amended by 
striking "five" and inserting "six". 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Authorization of supplemental appropriations for fiscal year 2002. 
Sec. 1003. United States contribution to NATO common-funded budgets in fiscal 
year 2003. 
Sec. 1004. Development and implementation of financial management enterprise 
architecture. 
Sec. 1005. Accountable officials in the Department of Defense. 
Sec. 1006. Uniform standards throughout Department of Defense for exposure of 
personnel to pecuniary ligmility for loss of Government property. 
Sec. 1007. Improvements in purchase card management. 
Sec. 1008. Improvements in travel card management. 
Sec. 1009. Clearance of certain transactions recorded in Treasury suspense ac-
counts and resolution of certain check issuance discrepancies. 
Sec. 1010. Authorization of funds for ballistic missile defense programs or com-
bating terrorism programs of the Department of Defense. 
Sec. 1011. Reduction in overall authorization due to inflation savings. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1021. Number of Navy combatant surface vessels in active and reserve service. 
Sec. 1022. Annual long-range plan for the construction of naval vessels. 
Sec. 1023. Assessment of the feasibility of the expedited equipping of a Navy ship 
with a version of the 155-millimeter Advanced Gun System. 
Sec. 1024. Report on initiatives to increase operational days of Navy ships. 
Sec. 1025. Ship combat system industrial base. 
Sec. 1026. Sense of Congress concerning aircraft carrier force structure. 
Sec. 1027. Conveyance, Navy drydock, Portland, Oregon. 
Subtitle C—Strategic Matters 
Sec. 1031. Strategic force structure plan for nuclear weapons and delivery systems. 
Sec. 1032. Annual report on weapons to defeat hardened and deeply buried targets. 
Sec. 1033. Report on effects of nuclear earth-penetrator weapon and other weapons. 
Subtitle D—^Reports 
Sec. 1041. Repeal and modification of various reporting requirements applicable to 
the Department of Defense. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2627 
Sec. 1042. Requirement that Department of Defense reports to Congress be accom-
panied by electronic version. 
Sec. 1043. Annual report on the conduct of military operations conducted as part 
of Operation Enduring Freedom. 
Sec. 1044. Report on efforts to ensure adequacy of fire fighting staffs at military 
installations. 
Sec. 1045. Report on designation of certain Louisiana highway as Defense Access 
Road. 
Subtitle E—Extension of Expiring Authorities 
Sec. 1051. Extension of authority for Secretary of Defense to sell aircraft and air-
craft parts for use in responding to oil spills. 
Sec. 1052. Six-month extension of expiring Governmentwide information security 
requirements; continued applicability of expiring Governmentwide infor-
mation security requirements to the Department of Defense. 
Sec. 1053. Two-year extension of authority of the Secretary of Defense to engage 
in commercial activities as security for intelligence collection activities 
abroad. 
Subtitle F—Other Matters 
Sec. 1061. Time for transmittal of annual defense authorization legislative pro-
posal. 
Sec. 1062. Technical and clerical amendments. 
Sec. 1063. Use for law enforcement purposes of DNA samples maintained by De-
partment of Defense for identification of human remains. 
Sec. 1064. Enhanced authority to obtain foreign language services during periods 
of emergency. 
Sec. 1065. Rewards for assistance in combating terrorism. 
Sec. 1066. Provision of space and services to military welfare societies. 
Sec. 1067. Prevention and mitigation of corrosion oi" military equipment and infra-
structure. 
Sec. 1068. Transfer of historic DF-9E Panther aircraft to Women Airforce Service 
Pilots Museum. 
Sec. 1069. Increase in amount authorized to be expended for Department of De-
fense program to commemorate 50th anniversary of the Korean War, 
Subtitle A—Financial Matters 
SEC. 1001. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in 
this division for fiscal year 2003 between any such authorizations 
for that fiscal year (or any subdivisions thereof). Amounts of 
authorizations so transferred shall be merged with and be available 
for the same purposes as the authorization to which 
transferred. 
(2) The total amount of authorizations that the Secretary may 
transfer under the authority of paragraph (1) may not exceed 
$2,000,000,000. 
(b) LIMITATIONS.—The authority provided by subsection (a) to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—^A transfer made 
from one account to another under the authority of subsection 
(a) shall be deemed to increase the amount authorized 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 subsection (a). 
116 STAT. 2628 
PUBLIC LAW 107-314—DEC. 2, 2002 
(e) INCREASE IN AMOUNT OF TRANSFER AUTHORITY AUTHORIZED 
FOR FY02.—Section 1001 of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1201) 
is 
amended 
by 
striking 
"$2,000,000,000" 
and 
inserting 
"$2,500,000,000". 
SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR 
FISCAL YEAR 2002. 
(a) DOD AUTHORIZATIONS.—^Amounts authorized to be appro-
priated to the Department of Defense for fiscal year 2002 in the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107) are hereby adjusted, with respect to any such author-
ized amount, by the amount by which appropriations pursuant 
to such authorization are increased (by a supplemental appropria-
tion) or decreased (by a rescission), or both, or are increased by 
a transfer of funds, pursuant to chapter 3 or chapter 10 of title 
I of Public Law 107-206 (116 Stat. 835, 878). 
(b) NNSA AUTHORIZATIONS.—^Amounts authorized to be appro-
priated to the Department of Energy for fiscal year 2002 in the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107-107) are hereby adjusted, with respect to any such author-
ized amount, by the amount by which appropriations pursuant 
to such authorization are increased (by a supplemental appropria-
tion) or decreased (by a rescission), or both, or are increased by 
a transfer of funds, pursuant to chapter 5 of title I of Public 
Law 107-206 (116 Stat. 848). 
Deadline. 
(c) REPORT ON FISCAL YEAR 2 0 0 2 TRANSFERS.—^Not later t h a n 
January 15, 2003, the Secretary of Defense shall submit to the 
congressional defense committees a report stating, for each transfer 
during fiscal year 2002 of an amount provided for the Department 
of Defense for that fiscal year through a so-called "transfer account", 
including the Defense Emergency Response Fund or any other 
similar account, the amount of the transfer, the appropriation 
account to which the transfer was made, and the specific purpose 
for which the transferred funds were used. 
SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
BUDGETS IN FISCAL YEAR 2003. 
(a) FISCAL YEAR 2003 LIMITATION.—^The total amount contrib-
uted by the Secretary of Defense in fiscal year 2003 for the common-
funded budgets of NATO may be any amount up to, but not in 
excess of, the amount specified in subsection (b) (rather than the 
maximum amount that would otherwise be applicable to those 
contributions under the fiscal year 1998 baseline limitation). 
(b) TOTAL AMOUNT.—^The amount of the limitation applicable 
under subsection (a) is the sum of the following: 
(1) The amounts of unexpended balances, as of the end 
of fiscal year 2002, of funds appropriated for fiscal years before 
fiscal year 2003 for payments for those budgets. 
(2) The amount specified in subsection (c)(1). 
(3) The amount specified in subsection (c)(2). 
(4) The total amount of the contributions authorized to 
be made under section 2501. 
(c) AUTHORIZED AMOUNTS.—^Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions 
for the common-funded budgets of NATO as follows: 
(1) Of the amount provided in section 201(1), $750,000 
for the Civil Budget. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2629 
(2) Of the amount provided in section 301(1), $205,623,000 
for the Military Budget, 
(d) DEFINITIONS.—For purposes of this section: 
(1) 
COMMON-FUNDED 
BUDGETS 
OF 
NATO.—The 
term 
"common-funded budgets of NATO" means the Military Budget, 
the Security Investment Program, and the Civil Budget of 
the North Atlantic Treaty Organization (and any successor 
or additional account or program of NATO). 
(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term 
"fiscal year 1998 baseline limitation" means the maximum 
annual amount of Department of Defense contributions for 
common-funded budgets of NATO that is set forth as the annual 
limitation in section 3(2)(C)(ii) of the resolution of the Senate 
giving the advice and consent of the Senate to the ratification 
of the Protocols to the North Atlantic Treaty of 1949 on the 
Accession of Poland, Hungary, and the Czech Republic (as 
defined in section 4(7) of that resolution), approved by the 
Senate on April 30, 1998. 
SEC. 
1004. DEVELOPMENT AND IMPLEMENTATION OF FINANCIAL 
10 USC113 N
O
T
E
. 
MANAGEMENT ENTERPRISE ARCHITECTURE. 
(a) 
REQUIREMENT FOR ENTERPRISE ARCHITECTURE AND FOR 
TRANSITION PLAN.—Not later than May 1, 2003, the Secretary Deadline, 
of Defense shall develop— 
(1) a financial management enterprise architecture for all 
budgetary, accounting, finance, enterprise resource planning, 
and mixed information systems of the Department of Defense; 
and 
(2) a transition plan for implementing that financial 
management enterprise architecture. 
(b) COMPOSITION OF ENTERPRISE ARCHITECTURE.—(1) The finan-
cial management enterprise architecture developed under sub-
section (a)(1) shall describe an information infrastructure that, at 
a minimum, would enable the Department of Defense to— 
(A) comply with all Federal accounting, financial manage-
ment, and reporting requirements; 
(B) routinely produce timely, accurate, and reliable finan-
cial information for management purposes; 
(C) integrate budget, accounting, and program information 
and systems; and 
(D) provide for the systematic measurement of performance, 
including the ability to produce timely, relevant, and reliable 
cost information. 
(2) That enterprise architecture shall also include policies, 
procedures, data standards, and system interface requirements that 
are to apply uniformly throughout the Department of Defense. 
(c) COMPOSITION OF TRANSITION PLAN.—The transition plan 
developed under subsection (a)(2) shall include the following: 
(1) The acquisition strategy for the enterprise architecture, 
including specific time-phased milestones, performance metrics, 
and financial and nonfinancial resource needs. 
(2) A listing of the mission critical or mission essential 
operational and developmental 
financial 
and 
nonfinancial 
management systems of the Department of Defense, as defined 
by the Under Secretary of Defense (Comptroller), consistent 
with budget justification documentation, together with— 
116 STAT. 2630 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
Deadlines. 
(A) the costs to operate and maintain each of those 
systems during fiscal year 2002; and 
(B) the estimated cost to operate and maintain each 
of those systems during fiscal year 2003. 
(3) A listing of the operational and developmental financial 
management systems of the Department of Defense as of the 
date of the enactment of this Act (known as "legacy systems") 
that will not be part of the objective financial and nonfinancial 
management system, together with the schedule for terminating 
those legacy systems that provides for reducing the use of 
those legacy systems in phases. 
(d) CONDITIONS FOR OBLIGATION OF SIGNIFICANT AMOUNTS FOR 
FINANCIAL 
SYSTEM IMPROVEMENTS.—^An amount in excess of 
$1,000,000 may be obligated for a defense financial system improve-
ment only if the Under Secretary of Defense (Comptroller) makes 
a determination regarding that improvement as follows: 
(1) Before the date of an approval specified in paragraph 
(2), a determination that the defense financial system improve-
ment is necessary for either of the following reasons: 
(A) To achieve a critical national security capability 
or address a critical requirement in an area such as safety 
or security. 
(B) To prevent a significant adverse effect (in terms 
of a technical matter, cost, or schedule) on a project that 
is needed to achieve an essential capability, taking into 
consideration in the determination the alternative solutions 
for preventing the adverse efiect. 
(2) On and after the date of any approval by the Secretary 
of Defense of a financial management enterprise architecture 
and a transition plan that satisfy the requirements of this 
section, a determination that the defense financial system 
improvement is consistent with both the enterprise architecture 
and the transition plan. 
(e) CONGRESSIONAL REPORTS.—^Not later than March 15 of each 
year from 2004 through 2007, the Secretary of Defense shall submit 
to the congressional defense committees a report on the progress 
of the Department of Defense in implementing the enterprise 
architecture and transition plan required by this section. Each 
report shall include, at a minimum— 
(1) a description of the actions taken during the preceding 
fiscal year to implement the enterprise architecture and transi-
tion plan (together with the estimated costs of such actions); 
(2) an explanation of any action planned in the enterprise 
architecture and transition plan to be taken during the pre-
ceding fiscal year that was not taken during that fiscal year; 
(3) a description of the actions taken and planned to be 
taken during the current fiscal year to implement the enterprise 
architecture and transition plan (together with the estimated 
costs of such actions); and 
(4) a description of the actions taken and planned to be 
taken during the next fiscal year to implement the enterprise 
architecture and transition plan (together with the estimated 
costs of such actions). 
(f) COMPTROLLER GENERAL REVIEW.—Not later than 60 days 
after the approval of an enterprise architecture and transition plan 
in accordance with the requirements of subsection (a), and not 
later than 60 days after the submission of an annual report required 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2631 
by subsection (e), the Comptroller General shall submit to the 
congressional defense committees an assessment of the extent to 
which the actions taken by the Department comply with the require-
ments of this section. 
(g) DEFINITIONS.—In this section: 
(1) The term "defense financial system improvement" 
means the acquisition of a new budgetary, accounting, finance, 
enterprise resource planning, or mixed information system for 
the Department of Defense or a modification of an existing 
budgetary, accounting, finance, enterprise resource planning, 
or mixed information system of the Department of Defense. 
Such term does not include routine maintenance and operation 
of any such system. 
(2) The term "mixed information system" means an 
information system that supports financial and non-financial 
functions of the Federal Government as defined in Office of 
Management and Budget Circular A-127 (Financial manage-
ment Systems). 
(h) REPEAL.—(1) Section 2222 of title 10, United States Code, 
is repealed. The table of sections at the beginning of chapter 131 
of such title is amended by striking the item relating to such 
section. 
(2) Section 185(d) of such title is amended by striking "has 
the meaning given that term in section 2222(c)(2) of this title" 
and inserting "means an automated or manual system from which 
information is derived for a financial management system or an 
accounting system", 
SEC. 
1005. ACCOUNTABLE OFFICIALS IN THE DEPARTMENT OF 
DEFENSE. 
(a) ACCOUNTABLE OFFICIALS WITHIN THE DEPARTMENT OF 
DEFENSE.—Chapter 165 of title 10, United States Code, is amended 
by inserting after section 2773 the following new section: 
"§ 2773a. Departmental accountable officials 
"(a) DESIGNATION BY SECRETARY OF DEFENSE.—The Secretary 
of Defense may designate any civilian employee of the Department 
of Defense or member of the armed forces under the Secretary's 
jurisdiction who is described in subsection (b) as an employee or 
member who, in addition to any other potential accountability, 
may be held accountable through personal monetary liability for 
an illegal, improper, or incorrect payment made the Department 
of Defense described in subsection (c). Any such designation shall 
be in writing. Any employee or member who is so designated 
may be referred to as a 'departmental accountable official'. 
"(b) COVERED EMPLOYEES AND MEMBERS.—An employee or 
member of the armed forces described in this subsection is an 
employee or member who— 
"(1) is responsible in the performance of the employee's 
or member's duties for providing to a certifying official of the 
Department of Defense information, data, or services that are 
directly relied upon by the certifying official in the certification 
of vouchers for payment; and 
"(2) is not otherwise accountable under subtitle III of title 
31 or any other provision of law for payments made on the 
basis of such vouchers. 
116 STAT. 2632 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(c) PECUNIARY LIABILITY.—(1) The Secretary of Defense may 
subject a departmental accountable official to pecuniary liability 
for an illegal, improper, or incorrect payment made by the Depart-
ment of Defense if the Secretary determines that such pajrment— 
"(A) resulted from information, data, or services that that 
official provided to a certifying official and upon which that 
certifying official directly relies in certifying the voucher sup-
porting that payment; and 
"(B) was the result of fault or negligence on the part 
of that departmental accountable official. 
"(2) Pecuniary liability under this subsection shall apply in 
the same manner and to the same extent as applies to an official 
accountable under subtitle III of title 31. 
"(3) Any pecuniary liability of a departmental accountable offi-
cial under this subsection for a loss to the United States resulting 
from an illegal, improper, or incorrect payment is joint and several 
with that of any other officer or employee of the United States 
or member of the uniformed services who is pecuniarily liable 
for such loss. 
"(d) CERTIFYING OFFICIAL DEFINED.—In this section, the term 
'certifying official' means an employee who has the responsibilities 
specified in section 3528(a) of title 31.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2773 the following new item: 
"2773a. Departmental accountable officials.". 
SEC. 
1006. UNIFORM STANDARDS THROUGHOUT DEPARTMENT OF 
DEFENSE FOR EXPOSURE OF PERSONNEL TO PECUNIARY 
LIABILITY FOR LOSS OF GOVERNMENT PROPERTY. 
(a) EXTENSION OF ARMY AND AIR FORCE REPORT-OF-SURVEY 
PROCEDURES TO NAVY AND MARINE CORPS AND ALL D O D CIVILIAN 
EMPLOYEES.—(1) Chapter 165 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 2787. Reports of survey 
"(a) ACTION ON REPORTS OF SURVEY.—^Under regulations pre-
scribed pursuant to subsection (c), any officer of the Army, Navy, 
Air Force, or Marine Corps or any civilian employee of the Depart-
ment of Defense designated in accordance with those regulations 
may act upon reports of surveys and vouchers pertaining to the 
loss, spoilage, unserviceability, unsuitability, or destruction of, or 
damage to, property of the United States under the control of 
the Department of Defense. 
"(b) FINALITY OF ACTION.—(1) Action taken under subsection 
(a) is final except as provided in paragraph (2). 
"(2) An action holding a person pecuniarily liable for loss, 
spoilage, destruction, or damage is not final until approved by 
a person designated to do so by the Secretary of a military depart-
ment, commander of a combatant command, or Director of a Defense 
Agency, as the case may be, who has jurisdiction of the person 
held pecuniarily liable. The person designated to provide final 
approval shall be an officer of an armed force, or a civilian employee, 
under the jurisdiction of the official making the designation. 
"(c) REGULATIONS.—^The Secretary of Defense shall prescribe 
regulations to carry out this section.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2633 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item; 
"2787. Reports of survey.". 
(b) EXTENSION TO MEMBERS OF NAVY AND MARINE CORPS OF 
PAY DEDUCTION AUTHORITY PERTAINING TO DAMAGE OR REPAIR 
OF ARMS AND EQUIPMENT.—Section 1007(e) of title 37, United States 
Code, is amended by striking "Army or the Air Force" and inserting 
"Army, Navy, Air Force, or Marine Corps". 
(c) REPEAL OF SUPERSEDED PROVISIONS.—(1) Sections 4835 and 
9835 of title 10, United States Code, are repealed. 
(2) The tables of sections at the beginning of chapters 453 
and 953 of such title are amended by striking the items relating 
to sections 4835 and 9835, respectively. 
(d) EFFECTIVE DATE.—The amendments made by this section 
lo use 2787 
shall apply with respect to the loss, spoilage, unserviceability, °ote. 
unsuitability, or destruction of, or damage to, property of the United 
States under the control of the Department of Defense occurring 
on or after the effective date of regulations prescribed pursuant 
to section 2787 of title 10, United States Code, as added by sub-
section (a). 
SEC. 1007. IMPROVEMENTS IN PURCHASE CARD MANAGEMENT. 
(a) PURCHASE CARD MANAGEMENT IMPROVEMENTS.—Section 
2784 of title 10, United States Code, is amended— 
(1) in subsection (a), by striking ", acting through the 
Under Secretary of Defense (Comptroller),"; and 
(2) by adding at the end of subsection (b) the following: 
"(7) That periodic reviews are performed to determine 
whether each purchase card holder has a need for the purchase 
card. 
"(8) That the Inspector General of the Department of 
Defense, the Inspector General of the Army, the Naval Inspector 
General, and the Inspector General of the Air Force perform 
periodic audits to identify— 
"(A) potentially fraudulent, improper, and abusive uses 
of purchase cards; 
"(B) any patterns of improper card holder transactions, 
such as purchases of prohibited items; and 
"(C) categories of purchases that should be made by 
means other than purchase cards in order to better aggre-
gate purchases and obtain lower prices. 
"(9) That appropriate training is provided to each purchase 
card holder and each official with responsibility for overseeing 
the use of purchase cards issued by the Department of Defense. 
"(10) That the Department of Defense has specific policies 
regarding the number of purchase cards issued by various 
organizations and categories of organizations, the credit limits 
authorized for various categories of card holders, and categories 
of employees eligible to be issued purchase cards, and that 
those policies are designed to minimize the financial risk to 
the Federal Government of the issuance of the purchase cards 
and to ensure the integrity of purchase card holders. 
"(c) PENALTIES FOR VIOLATIONS.—^The regulations prescribed 
under subsection (a) shall— 
"(1) provide for appropriate adverse personnel actions or 
other punishment to be imposed in cases in which employees 
116 STAT. 2634 
PUBLIC LAW 107-314—DEC. 2, 2002 
of the Department of Defense violate such regulations or are 
negligent or engage in misuse, abuse, or fraud with respect 
to a purchase card, including removal in appropriate cases; 
and 
"(2) provide that a violation of such regulations by a person 
subject to chapter 47 of this title (the Uniform Code of Military 
Justice) is punishable as a violation of section 892 of this 
title (article 92 of the Uniform Code of Military Justice).", 
(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) Section 2784 
of such title is further amended— 
(A) in the section heading, by striking "credit" and 
inserting "purchase"; 
(B) in the heading of subsection (a), by striking "CREDIT" 
and inserting "PURCHASE"; and 
(C) in subsection (a) and paragraphs (1) through (6) of 
-- subsection (b), by striking "credit" and inserting "purchase" 
each place it appears. 
(2) The table of sections at the beginning of chapter 165 of 
such title is amended by striking the item relating to section 2784 
and inserting the following: 
"2784. Management of purchase cards.". 
SEC. 1008. IMPROVEMENTS IN TRAVEL CARD MANAGEMENT. 
(a) TRAVEL CARD MANAGEMENT IMPROVEMENTS.—Chapter 
165 
of title 10, United States Code, is amended by inserting after 
section 2784 the following new section: 
"§ 2784a. Management of travel cards 
"(a) 
DISBURSEMENT OF TRAVEL ALLOWANCES DIRECTLY TO 
CREDITORS.—(1) The Secretary of Defense may require that any 
part of a travel or transportation allowance of an employee of 
the Department of Defense or a member of the armed forces be 
disbursed directly to the issuer of a Defense travel card if the 
amount is disbursed to the issuer in payment of amounts of 
expenses of official travel that are charged by the employee or 
member on the Defense travel card. 
"(2) For the purposes of this subsection, the travel and transpor-
tation allowances referred to in paragraph (1) are amounts to which 
an employee of the Department of Defense is entitled under section 
5702 of title 5 or a member of the armed forces is entitled under 
section 404 of title 37. 
"(b) 
OFFSETS FOR DELINQUENT TRAVEL CARD 
CHARGES.—(1) 
The Secretary of Defense may require that there be deducted and 
withheld from any basic pay payable to an employee of the Depart-
ment of Defense or a member of the armed forces any amount 
that is owed by the employee or member to a creditor by reason 
of one or more charges of expenses of official travel of the employee 
or member on a Defense travel card issued by the creditor if 
the employee or member— 
"(A) is delinquent in the payment of such amount under 
the terms of the contract under which the card is issued; 
and 
"(B) does not dispute the amount of the delinquency. 
"(2) The amount deducted and withheld from pay under para-
graph (1) with respect to a debt owed a creditor as described 
in that paragraph shall be disbursed to the creditor to reduce 
the amount of the debt. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2635 
"(3) The amount of pay deducted and withheld from the pay 
owed to an employee or member with respect to a pay period 
under paragraph (1) may not exceed 15 percent of the disposable 
pay of the employee or member for that pay period, except that 
a higher amount may be deducted and withheld with the written 
consent of the employee or member. 
"(4) The Secretary of Defense shall prescribe procedures for 
deducting and withholding amounts from pay under this subsection. 
The procedures shall be substantially equivalent to the procedures 
under section 3716 of title 31. 
"(c) OFFSETS OF RETIRED PAY.—In the case of a former employee 
of the Department of Defense or a retired member of the armed 
forces who is receiving retired pay and who owes an amount to 
a creditor by reason of one or more charges on a Defense travel 
card that were made before the retirement of the employee or 
member, the Secretary may require amounts to be deducted and 
withheld from any retired pay of the former employee or retired 
member in the same manner and subject to the same conditions 
as the Secretary deducts and withholds amounts from basic pay 
payable to an employee or member under subsection (b). 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'Defense travel card' means a charge or 
credit card that— 
"(A) is issued to an employee of the Department of 
Defense or a member of the armed forces under a contract 
entered into by the Department of Defense with the issuer 
of the card; and 
"(B) is to be used for charging expenses incurred by 
the employee or member in connection with official travel. 
"(2) The term 'disposable pay', with respect to a pay period, 
means the amount equal to the excess of the amount of basic 
pay or retired pay, as the case may be, payable for the pay 
. period over the total of the amounts deducted and withheld 
from such pay. 
"(3) The term 'retired pay' means— 
"(A) in the case of a former employee of the Department 
of Defense, any retirement benefit payable to that indi-
vidual, out of the Civil Service Retirement and Disability 
Fund, based (in whole or in part) on service performed 
by such individual as a civilian employee of the Department 
of Defense; and 
"(B) in the case of a retired member of the armed 
forces or member of the Fleet Reserve or Fleet Marine 
Corps Reserve, retired or retainer pay to which the member 
is entitled. 
"(e) EXCLUSION OF COAST GUARD.—This section does not apply 
to the Coast Guard.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 165 of such title is amended by inserting after 
the item relating to section 2784 the following new item: 
"2784a. Management of travel cards.". 
SEC. 
1
0
0
9
. 
CLEARANCE OF CERTAIN TRANSACTIONS RECORDED 
IN 
TREASURY 
SUSPENSE 
ACCOUNTS 
AND 
RESOLUTION 
OF 
CERTAIN 
CHECK 
ISSUANCE 
DISCREPANCIES. 
(a) CLEARANCE OF CERTAIN SUSPENSE ACCOUNTS.—(1) In 
the 
case of any transaction that was entered into by or on behalf 
116 STAT. 2636 
PUBLIC LAW 107-314—DEC. 2, 2002 
of the Department of Defense before March 1, 2001, that is recorded 
in the Department of Treasury Budget Clearing Account (Suspense) 
designated as account F3875, the Unavailable Check Cancellations 
and Overpayments Account (Suspense) designated as account 
F3880, or an Undistributed Intergovernmental Payments account 
designated as account F3885, and for which no appropriation for 
the Department of Defense has been identified— 
(A) any undistributed collection credited to such account 
in such case shall be deposited to the miscellaneous receipts 
of the Treasury; and 
(B) subject to paragraph (2), any undistributed disburse-
ment recorded in such account in such case shall be canceled. 
(2) An undistributed disbursement may not be canceled under 
paragraph (1)(B) until the Secretary of Defense has made a written 
determination that the appropriate official or officials of the Depart-
ment of Defense have attempted without success to locate the 
documentation necessary to identify which appropriation should 
be charged with such disbursement and that further efforts to 
do so are not in the best interests of the United States. 
(b) RESOLUTION OF CHECK ISSUANCE DISCREPANCIES.—(1) In 
the case of any check drawn on the Treasury that was issued 
by or on behalf of the Department of Defense before October 31, 
1998, for which the Secretary of the Treasury has reported to 
the Department of Defense a discrepancy between the amount 
paid and the amount of the check as transmitted to the Department 
of Treasury, and for which no specific appropriation for the Depart-
ment of Defense can be identified as being associated with the 
check, the discrepancy shall be canceled, subject to paragraph (2). 
(2) A discrepancy may not be canceled under paragraph (1) 
until the Secretary of Defense has made a written determination 
that the appropriate official or officials of the Department of Defense 
have attempted without success to locate the documentation nec-
essary to identify which appropriation should be charged with the 
amount of the check and that further efforts to do so are not 
in the best interests of the United States. 
(c) CONSULTATION.—The Secretary of Defense shall consult the 
Secretary of the Treasury in the exercise of the authority granted 
by subsections (a) and (b). 
(d) DURATION OF CANCELLATION AUTHORITY FOLLOWING DETER-
MINATION.—(1) A particular undistributed disbursement may not 
be canceled under paragraph (1)(B) of subsection (a) more than 
30 days after the date of the written determination made by the 
Secretary of Defense under paragraph (2) of such subsection 
regarding that undistributed disbursement. 
(2) A particular discrepancy may not be canceled under para-
graph (1) of subsection (b) more than 30 days after the date of 
the written determination made by the Secretary of Defense under 
paragraph (2) of such subsection regarding that discrepancy. 
(e) PROGRAM TERMINATION.—^No authority may be exercised 
under this section after the date that is two years after the date 
of the enactment of this Act. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2637 
SEC. 1010. AUTHORIZATION OF FUNDS FOR BALLISTIC MISSILE 
DEFENSE PROGRAMS OR COMBATING TERRORISM PRO-
GRAMS OF THE DEPARTMEP^ OF DEFENSE. 
(a) AUTHORIZATION.—There is hereby authorized to be appro-
priated for fiscal year 2003 for the miHtary functions of the Depart-
ment of Defense, in addition to amounts authorized to be appro-
priated in titles I, II, and III, the amount of $814,300,000, to 
be available, in accordance with subsection (b), for the following 
purposes: 
(1) Research, development, test, and evaluation for ballistic 
missile defense programs of the Missile Defense Agency of 
the Department of Defense. 
(2) Activities of the Department of Defense for combating 
terrorism at home and abroad. 
(b) ALLOCATION BY PRESIDENT.—(1) The amount authorized 
to be appropriated by subsection (a) shall be allocated between 
the purposes stated in paragraphs (1) and (2) of that subsection 
in such manner as may be determined by the President based 
upon the national security interests of the United States. The 
amount authorized in subsection (a) shall not be available for any 
other purpose. 
(2) Upon an allocation of such amount by the President, the 
amount so allocated shall be transferred to the appropriate regular 
authorization account under this division in the same manner as 
provided in section 1001. Transfers under this paragraph shall 
not be counted for the purposes of section 1001(a)(2). 
(3) Not later than 15 days after an allocation is made under 
this subsection, the Secretary of Defense shall submit to the 
congressional defense committees a report describing the President's 
allocation, the basis for the President's determination in making 
such allocation, and the Secretary's plan for the use by the Depart-
ment of Defense of the funds made available pursuant to such 
allocation. 
SEC. 1011. REDUCTION IN OVERALL AUTHORIZATION DUE TO INFLA-
TION SAVINGS. 
(a) REDUCTION.—^The total amount authorized to be appro-
priated by titles I, II, and III is the amount equal to the sum 
of the individual 
authorizations in those titles reduced by 
$1,000,000,000. 
(b) SOURCE OF SAVINGS.—Reductions required in order to 
comply with subsection (a) shall be derived from savings resulting 
from lower-than-expected inflation as a result of the midsession 
review of the budget conducted by the Office of Management and 
Budget. 
(c) ALLOCATION OF REDUCTION.—^The Secretary of Defense shall 
allocate the reduction required by subsection (a) among the accounts 
in titles I, II, and III to reflect the extent to which net inflation 
savings are available in those accounts. 
Subtitle B—Naval Vessels and Shipyards 
Deadline. 
Reports. 
SEC. 1021. NUMBER OF NAVY COMBATANT SURFACE VESSELS IN 
ACTIVE AND RESERVE SERVICE. 
(a) CONTINGENT REQUIREMENT FOR REPORT.—(1) If, on the date Deadline. 
of the enactment of this Act, the number of combatant surface 
116 STAT. 2638 
PUBLIC LAW 107-314—DEC. 2, 2002 
vessels of the Navy is less than 116, the Secretary of the Navy 
shall, not later than 90 days after such date, submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a report on the size of the force of combatant surface vessels 
of the Navy. The report shall include a risk assessment for a 
force of combatant surface vessels in the number as of the date 
of the enactment of this Act that is based on the same assumptions 
as were applied in the QDR 2001 combatant surface force risk 
assessment. 
(2) The definitions in subsection (c) of section 7296 of title 
10, United States Code, as added by subsection (b), apply to this 
subsection. 
(b) NUMBER OF COMBATANT SURFACE VESSELS.—(1) Chapter 
633 of title 10, United States Code, is amended by inserting after 
section 7295 the following new section: 
"§7296. Combatant surface vessels: notice before reduction 
in number; preservation of surge capability 
"(a) NOTICE-AND-WAIT BEFORE REDUCTIONS.—(1) A reduction 
described in paragraph (2) in the number of combatant surface 
vessels may only be carried out after— 
"(A) the Secretary of the Navy submits to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a written notification 
of the proposed reduction; and 
"(B) a period of 90 days has expired after the date on 
which such notification is received. 
"(2) A reduction described in this paragraph in the number 
of combatant surface vessels is a reduction— 
"(A) from 116, or a number greater than 116, to a number 
less than 116; or 
"(B) from a number less than 116 to a lesser number. 
"(3) Any notification under paragraph (1)(A) shall include the 
following: 
"(A) The schedule for the proposed reduction. 
"(B) The number of vessels that are to comprise the force 
of combatant surface vessels after the reduction. 
"(C) A risk assessment for a force of combatant surface 
vessels of the number specified under subparagraph (B) that 
is based on the same assumptions as were applied in the 
QDR 2001 combatant surface force risk assessment. 
"(b) 
PRESERVATION OF 
SURGE CAPABILITY.—Whenever 
the 
number of combatant surface vessels is less than 116, the Secretary 
of the Navy shall maintain on the Naval Vessel Register a sufficient 
number of combatant surface vessels to enable the Navy to regain 
a force of combatant surface vessels numbering not less than 116 
within 120 days after the date of any decision by the President 
to increase the number of combatant surface vessels. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'combatant surface vessels' means cruisers, 
destroyers, and frigates that are in active service in the Navy 
or in active reserve service in the Navy. 
"(2) The term 'QDR 2001 combatant surface force risk 
assessment' means the risk assessment associated with a force 
of combatant surface vessels numbering 116 that is set forth 
in the report on the quadrennial defense review submitted 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2639 
to Congress on September 30, 2001, under section 118 of this 
title.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 7295 
the following new item: 
"7296. Combatant surface vessels: notice before reduction in number; preservation 
of surge capability.". 
(c) EFFECTIVE DATE FOR 90-DAY WAITING PERIOD.—The provi- lo use 7296 
sions of subparagraph (B) of subsection (a)(1) of section 7296 of note, 
title 10, United States Code, as added by subsection (b)(1) of this 
section, shall apply only with respect to notifications submitted 
under subparagraph (A) of that subsection on or after January 
15, 2003. 
SEC. 1022. ANNUAL LONG-RANGE PLAN FOR THE CONSTRUCTION OF 
NAVAL VESSELS. 
(a) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.—(1) Chapter 
9 of title 10, United States Code, is amended by adding at the 
end the following new section: 
"§231. Budgeting for construction of naval vessels: annual 
plan and certiHcation 
"(a) A
i
s
T
N
U
A
L NAVAL VESSEL CONSTRUCTION PLAN AND CERTIFI-
CATION.—The Secretary of Defense shall include with the defense 
budget materials for a fiscal year— 
"(1) a plan for the construction of combatant and support 
vessels for the Navy developed in accordance with this section; 
and 
"(2) a certification by the Secretary that both the budget 
for that fiscal year and the future-years defense program sub-
mitted to Congress in relation to such budget under section 
221 of this title provide for funding of the construction of 
naval vessels at a level that is sufficient for the procurement 
of the vessels provided for in the plan under paragraph (1) 
on the schedule provided in that plan. 
"(b) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.—(1) The 
annual naval vessel construction plan developed for a fiscal year 
for purposes of subsection (a)(1) should be designed so that the 
naval vessel force provided for under that plan is capable of sup-
porting the national security strategy of the United States as set 
forth in the most recent national security strategy report of the 
President under section 108 of the National Security Act of 1947 
(50 U.S.C. 404a), except that, if at the time such plan is submitted 
with the defense budget materials for that fiscal year, a national 
security strategy report required under such section 108 has not 
been submitted to Congress as required by paragraph (2) or para-
graph (3), if applicable, of subsection (a) of such section, then 
such annual plan should be designed so that the naval vessel 
force provided for under that plan is capable of supporting the 
ship force structure recommended in the report of the most recent 
Quadrennial Defense Review. 
"(2) Each such naval vessel construction plan shall include 
the following: 
"(A) A detailed program for the construction of combatant 
and support vessels for the Navy over the next 30 fiscal years. 
116 STAT. 2640 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(B) A description of the necessary naval vessel force struc-
ture to meet the requirements of the national security strategy 
of the United States or the most recent Quadrennial Defense 
Review, whichever is applicable under paragraph (1). 
"(C) The estimated levels of annual funding necessary to 
carry out the program, together with a discussion of the 
procurement strategies on which such estimated levels of 
annual funding are based. 
"(c) ASSESSMENT WHEN VESSEL CONSTRUCTION BUDGET IS 
INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If the budget 
for a fiscal year provides for funding of the construction of naval 
vessels at a level that is not sufficient to sustain the naval vessel 
force structure specified in the naval vessel construction plan for 
that fiscal year under subsection (a), the Secretary shall include 
with the defense budget materials for that fiscal year an assessment 
that describes and discusses the risks associated with the reduced 
force structure of naval vessels that will result from funding naval 
vessel construction at such level. Such assessment shall be coordi-
nated in advance with the commanders of the combatant commands. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'budget', with respect to a fiscal year, means 
the budget for that fiscal year that is submitted to Congress 
by the President under section 1105(a) of title 31. 
"(2) The term 'defense budget materials', with respect to 
a fiscal year, means the materials submitted to Congress by 
the Secretary of Defense in support of the budget for that 
fiscal year. 
"(3) The term 'Quadrennial Defense Review' means the 
review of the defense programs and policies of the United 
States that is carried out every four years under section 118 
of this title.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"231. Budgeting for construction of naval vessels: annual plan and certification.". 
SEC. 1023. ASSESSMENT OF THE FEASIBILITY OF THE EXPEDITED 
EQUIPPING OF A NAVY SHIP WITH A VERSION OF THE 
155-MILLIMETER ADVANCED GUN SYSTEM. 
(a) FEASIBILITY ASSESSMENT REQUIRED.—(1) The Secretary of 
the Navy shall conduct an assessment of the feasibility of the 
expedited equipping of a Navy ship in active or inactive service 
with a version of the 155-millimeter Advanced Gun System that 
is being developed for the DD(X) next generation, multi-mission, 
land attack surface combatant vessel. 
(2) The assessment shall include an analysis of— 
(A) the actions required to achieve such equipping and 
the technical and programmatic risks associated with those 
actions; 
(B) the plan, schedule, and funding required to achieve 
such equipping; and 
(C) the effect (if any) that such equipping might have 
on the development program and schedule for the DD(X) vessel. 
(b) EQUIPPING ON EXPEDITED SCHEDULE.—^The schedule to be 
considered in the assessment under subsection (a) shall provide 
for equipping of a ship with a version of the 155-millimeter 
Advanced Gun System on an expedited schedule that is consistent 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2641 
with the achievement of safety of operation, but not later than 
October 1, 2006. 
(c) REPORT REQUIRED.—The Secretary shall submit to the 
congressional defense committees a report on the results of the 
assessment under subsection (a). The report shall be submitted 
at the same time that the President submits the budget for fiscal 
year 2004 to Congress under section 1105(a) of title 31, United 
States Code. 
SEC. 1024. REPORT ON INITIATIVES TO INCREASE OPERATIONAL DAYS 
OF NAVY SHIPS. 
(a) REQUIREMENT FOR REPORT ON INITIATIVES.—(1) The Under 
Secretary of Defense for Acquisition, Technology, and Logistics 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 Department of Defense initiatives to increase the 
number of operational days of Navy ships as described in subsection 
(b). 
(2) The report shall cover the ongoing Department of Defense 
initiatives as well as any potential initiatives that are under consid-
eration within the Department of Defense. 
(b) INITIATIVES WITHIN LIMITS OF EXISTING FLEET AND DEPLOY-
MENT POLICY.—In the report, the Under Secretary shall assess 
the feasibility and identify the projected effects of conducting initia-
tives that have the potential to increase the number of operational 
days of Navy ships available to the commanders-in-chief of the 
regional unified combatant commands without increasing the 
number of Navy ships and without increasing the routine lengths 
of deployments of Navy ships above six months. 
(c) REQUIRED FOCUS AREAS.—The report shall address, at a 
minimum, the following focus areas: 
(1) Assignment of additional ships, including submarines, 
to home ports closer to the areas of operation for the ships 
(known as "forward homeporting"). 
(2) Assignment of ships to remain in a forward area of 
operations, together with rotation of crews for each ship so 
assigned. 
(3) Retention of ships for use until the end of the full 
service life, together with investment of the funds necessary 
to support retention to that extent. 
(4) Prepositioning of additional ships with, under normal 
circumstances, small crews in a forward area of operations. 
(d) SHIP MAINTENANCE.—The report shall include an assess-
ment of how routine programmed ship maintenance would be accom-
plished for Navy ships that would remain in a forward area of 
operations. 
(e) TIME FOR SUBMITTAL.—The report shall be submitted at 
the same time that the President submits the budget for fiscal 
year 2004 to Congress under section 1105(a) of title 31, United 
States Code. 
SEC. 1025. SHIP COMBAT SYSTEM INDUSTRIAL BASE. 
(a) REVIEW.—The Secretary of Defense shall conduct a review 
of the effect of the contract award announced on April 29, 2002, 
for the lead design agent for the DD(X) ship program on the indus-
trial base for ship combat system development, including the indus-
trial base for each of the following: ship systems integration, radar, 
electronic warfare, and launch systems. 
116 STAT. 2642 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
(b) REPORT REQUIRED.—Not later than March 31, 2003, the 
Secretary shall submit to the congressional defense committees 
a report based on the review under subsection (a). The report 
shall include the following: 
(1) The Secretary's assessment of the effect of the contract 
award referred to in that subsection on ship combat system 
development and on the associated industrial base. 
(2) A description of any actions that the Secretary proposes 
to ensure future competition in the ship combat system develop-
ment and industrial base. 
SEC. 1026. SENSE OF CONGRESS CONCERNING AIRCRAFT CARRIER 
FORCE STRUCTURE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The aircraft carrier has been an integral component 
in Operation Enduring Freedom and in the homeland defense 
mission of Operation Noble Eagle beginning on September 11, 
2001. The aircraft carriers that have participated in Operation 
Enduring Freedom, as of May 1, 2002, are the USS Enterprise 
(CVN-65), the USS Carl Vinson (CVN-70), the USS Kitty 
Hawk (CV-63), the USS Theodore Roosevelt (CVN-71), the 
USS John C. Stennis (CVN-74), and the USS John F. Kennedy 
(CV-67). The aircraft carriers that have participated in Oper-
ation Noble Eagle, as of May 1, 2002, are the USS George 
Washington (CVN-73), the USS John F. Kennedy (CV-67), 
and the USS John C. Stennis (CVN-74). 
(2) Since 1945, the United States has built 172 bases 
overseas, of which only 24 are currently in use. 
(3) The aircraft carrier provides an independent base of 
operations should no land base be available for aircraft, with 
carrier air wings providing the United States sea-based for-
ward-deployed offensive strike capability. 
(4) The aircraft carrier is an essential component of the 
Navy. 
(5) The naval tactical aircraft modernization programs are 
proceeding on schedule. 
(6) As established by the Navy, the United States requires 
the service of 15 aircraft carriers to completely fulfill all the 
naval commitments assigned to the Navy without gapping car-
rier presence. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the number of aircraft carriers of the Navy in active service should 
not be less than 12. 
(c) OPERATION ENDURING FREEDOM AND OPERATION NOBLE 
EAGLE COMMENDATION.—Congress hereby commends the military 
and civilian personnel who have participated in Operation Enduring 
Freedom and Operation Noble Eagle. 
SEC. 1027. CONVEYANCE, NAVY DRYDOCK, PORTLAND, OREGON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
sell Navy Drydock No. YFD-69, located in Portland, Oregon, to 
Portland Shipyard, LLC, which is the current user of the drydock. 
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the purchaser 
agree to retain the drydock on Swan Island in Portland, Oregon, 
until at least September 30, 2007. 
(c) CONSIDERATION.—As consideration for the conveyance of 
the drydock under subsection (a), the purchaser shall pay to the 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2643 
Secretary an amount equal to the fair market value of the drydock 
at the time of the conveyance, as determined by the Secretary, 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
Subtitle C—Strategic Matters 
SEC. 1031. STRATEGIC FORCE STRUCTURE PLAN FOR NUCLEAR 
WEAPONS AND DELIVERY SYSTEMS. 
(a) PLAN REQUIRED.—^The Secretary of Defense and the Sec-
retary of Energy shall jointly prepare a plan for the United States 
strategic force structure for nuclear weapons and nuclear weapons 
delivery systems for the period of fiscal years from 2003 through 
2012. The plan shall— 
(1) define the range of missions assigned to strategic 
nuclear forces in the national defense strategy consistent with— 
(A) the Quadrennial Defense Review dated September 
30, 2001, under section 118 of title 10, United States Code; 
(B) the Nuclear Posture Review dated December 2001 
under section 1041 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); and 
(C) other relevant planning documents; 
(2) delineate a baseline strategic force structure for such 
weapons and systems over such period consistent with such 
Nuclear Posture Review; 
(3) define sufficient force structure, force modernization 
and life extension plans, infrastructure, and other elements 
of the defense program of the United States associated with 
such weapons and systems that would be required to execute 
successfully the full range of missions defined under paragraph 
(1); 
(4) identify the budget plan that would be required to 
provide sufficient resources to execute successfully the full 
range of missions using such force stinicture called for in that 
national defense strategy; and 
(5)(A) evaluate options for achieving, prior to fiscal year 
2012, a posture under which the United States maintains a 
number of operationally deployed nuclear warheads at a level 
of from 1,700 to 2,200 such warheads, as outlined in the Nuclear 
Posture Review referred to in paragraph (1)(B); and 
(B) contain an assessment of the advantages and disadvan-
tages of options for achieving such posture as early as 2007, 
including effects on cost, the dismantlement workforce, and 
any other affected matter. 
(b) REPORT.—Not later than March 1, 2003, the Secretary of 
Defense and the Secretary of Energy shall submit a report on 
the plan to the congressional defense committees. 
SEC. 1032. ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND 
DEEPLY BURIED TARGETS. 
(a) ANNUAL REPORT.—Not later than April 1 of each year, 
the Secretary of Defense, the Secretary of Energy, and the Director 
of Central Intelligence shall jointly submit to the congressional 
Deadline. 
Deadline. 
10 use 2358 
note. 
116 STAT. 2644 
PUBLIC LAW 107-314—DEC. 2, 2002 
defense committees, the Select Committee on Intelligence of the 
Senate, and the Permanent Select Committee on Intelligence of 
the House of Representatives a report on the research and develop-
ment, procurement, and other activities undertaken during the 
preceding fiscal year by the Department of Defense, the Department 
of Energy, and the intelligence community to develop weapons 
to defeat hardened and deeply buried targets. 
(b) REPORT ELEMENTS.—The report for a fiscal year under 
subsection (a) shall— 
(1) include a discussion of the integration and interoper-
ability of the activities referred to in that subsection that were 
undertaken during that fiscal year, including a discussion of 
the relevance of such activities to applicable recommendations 
by the Chairman of the Joint Chiefs of Staff, assisted under 
section 181(b) of title 10, United States Code, by the Joint 
Requirements Oversight Council; and 
(2) set forth separately a description of the activities 
referred to in that subsection, if any, that were undertaken 
during such fiscal year by each element of— 
(A) the Department of Defense; 
(B) the Department of Energy; and 
(C) the intelligence community. 
(c) DEFINITION.—In this section, the term "intelligence commu-
nity' has the meaning given such term in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)). 
(d) TERMINATION.—^No report is required under this section 
after the submission of the report that is due on April 1, 2007. 
SEC. 1033. REPORT ON EFFECTS OF NUCLEAR EARTH-PENETRATOR 
WEAPON AND OTHER WEAPONS. 
(a) NATIONAL ACADEMY OF SCIENCES STUDY.—^The Secretary 
of Defense shall request the National Academy of Sciences to con-
duct a study and prepare a report on the following: 
(1) The anticipated short-term effects and long-term effects 
of the use by the United States of a nuclear earth-penetrator 
weapon on the target area, including the effects on civilian 
populations in proximity to the target area at the time of 
or after such use and the effects on United States military 
personnel who after such use carry out operations or battle 
damage assessments in the target area. 
(2) The anticipated short-term and long-term effects on 
civilian population in proximity to a target area— 
(A) if a non-penetrating nuclear weapon is used to 
attack a hard or deeply-buried target; and 
(B) if a conventional high-explosive weapon is used 
to attack an adversary's facilities for storage or production 
of weapons of mass destruction and, as a result of such 
attack, radioactive, nuclear, biological, or chemical weapons 
materials, agents, or other contaminants are released or 
spread into populated areas. 
Deadline. 
(b) REPORT.—^Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress 
the report under subsection (a), together with any comments the 
Secretary may consider appropriate on the report. The report shall 
be submitted in unclassified form to the maximum extent possible, 
with a classified annex if needed. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2645 
Subtitle D—Reports 
SEC. 1041. REPEAL AND MODIFICATION OF VARIOUS REPORTING 
REQUIREMENTS APPUCABLE TO THE DEPARTMENT OF 
DEFENSE. 
(a) PROVISIONS OF TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1)(A) Section 183 is repealed. 
(B) The table of sections at the beginning of chapter 7 
is amended by striking the item relating to section 183. 
(2)(A) Section 230 is repealed. 
(B) The table of sections at the beginning of chapter 9 
is amended by striking the items relating to section 230. 
(3) Section 526 is amended by striking subsection (c). 
(4) Section 721(d) is amended— 
(A) by striking paragraph (2); and 
(B) by striking "(1)" before "If an officer". 
(5) Section 1095(g) is amended— 
(A) by striking paragraph (2); and 
(B) by striking "(1)" after "(g)". 
(6) Section 1798 is amended by striking subsection (d). 
(7) Section 1799 is amended by striking subsection (d). 
(8) Section 2220 is amended— 
(A) by striking subsections (b) and (c); 
(B) by striking "(1)" after "ESTABLISHMENT OF GOALS.— 
";and 
(C) by striking "(2) The" and inserting "(b) EVALUATION 
OF COST CJOALS.—The". 
(9) Section 2350a(g) is amended by striking paragraph 
(4). 
(10) Section 2350f is amended by striking subsection (c). 
(11) Section 2350k is amended by striking subsection (d). 
(12) Section 2367(d) is amended by striking "EFFORT.— 
(1) In the" and all that follows through "(2) After the close 
of and inserting "EFFORT.—^After the close of'. 
(13) Section 2391 is amended by striking subsection (c). 
(14) Section 2486(b)(12) is amended by striking ", except 
that" and all that follows and inserting the following: ", except 
that the Secretary shall notify Congress of any addition of, 
or change in, a merchandise category under this paragraph.". 
(15) Section 2492 is amended by striking subsection (c) 
and inserting the following: 
"(c) 
NOTIFICATION OF CONDITIONS NECESSITATING 
RESTRIC-
TIONS.—The Secretary of Defense shall notify Congress of any 
change proposed or made to any of the host nation laws or any 
of the treaty obligations of the United States, and any changed 
conditions within host nations, if the change would necessitate 
the use of quantity or other restrictions on purchases in commissary 
and exchange stores located outside the United States.". 
(16) Section 2537(a) is amended by striking "$100,000" 
and inserting "$10,000,000". 
(17) Section 2611 is amended by striking subsection (e). 
(18) Section 2667(d) is amended by striking paragraph 
(3). 
(19) Section 4416 is amended by striking subsection (f). 
(20) Section 5721(f) is amended— 
116 STAT. 2646 
PUBLIC LAW 107-314—DEC. 2, 2002 
(A) by striking paragraph (2); and 
(B) by striking "(1)" after the subsection heading. 
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
1995.—Section 553(b) of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2772; 10 
U.S.C. 4331 note) is amended by striking the last sentence. 
(c) BALLISTIC MISSILE DEFENSE ACT OF 1995.—Section 234 
of the Ballistic Missile Defense Act of 1995 (subtitle C of title 
II of Public Law 104-106; 10 U.S.C. 2431 note) is amended by 
striking subsection (f). 
SEC. 1042. REQUIREMENT THAT DEPARTMENT OF DEFENSE REPORTS 
TO CONGRESS 
BE ACCOMPANIED 
BY 
ELECTRONIC 
VERSION. 
Section 480(a) of title 10, United States Code, is amended 
by striking "shall, upon request" and all that follows through "(or 
each" and inserting "shall provide to Congress (or". 
10 use 113 note. 
SEC. 1043. ANNUAL REPORT ON THE CONDUCT OF MILITARY OPER-
ATIONS CONDUCTED AS PART OF OPERATION ENDURING 
FREEDOM. 
(a) REPORTS REQUIRED.—(1) The Secretary of Defense shall 
submit to the congressional committees specified in subsection (d) 
an annual report on the conduct of military operations conducted 
Deadlines. 
as part of Operation Enduring Freedom. The first report, which 
shall include a definition of the military operations carried out 
as part of Operation Enduring Freedom, shall be submitted not 
later than June 15, 2003. Subsequent reports shall be submitted 
not later than June 15 each year, and the final report shall be 
submitted not later than 180 days after the date (as determined 
by the Secretary of Defense) of the cessation of hostilities under-
taken as part of Operation Enduring Freedom. 
(2) Each report under this section shall be prepared in consulta-
tion with the Chairman of the Joint Chiefs of Staff, the commander 
of the United States Central Command, the Director of Central 
Intelligence, and such other officials as the Secretary considers 
appropriate. 
(3) Each such report shall be submitted in both a classified 
form and an unclassified form, as necessary. 
(b) SPECIAL MATTERS TO BE INCLUDED.—Each report under 
this section shall include the following: 
(1) A discussion of the command, control, coordination, 
and support relationship between United States special oper-
ations forces and Central Intelligence Agency elements partici-
pating in Operation Enduring Freedom and any lessons learned 
from the joint conduct of operations by those forces and ele-
ments. 
(2) Recommendations to improve operational readiness and 
effectiveness of these forces and elements. 
(c) OTHER MATTERS TO BE INCLUDED.—Each report under this 
section shall include a discussion, with a particular emphasis on 
accomplishments and shortcomings, of the following matters with 
respect to Operation Enduring Freedom: 
(1) The political and military objectives of the United 
States. 
(2) The military strategy of the United States to achieve 
those political and military objectives. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2647 
(3) The concept of operations, including any new operational 
concepts, for the operation. 
(4) The benefits and disadvantages of operating with local 
opposition forces. 
(5) The benefits and disadvantages of operating in a coali-
tion with the military forces of allied and friendly nations. 
(6) The cooperation of nations in the region for overflight, 
basing, command and control, and logistic and other support. 
(7) The conduct of relief operations both during and after 
the period of hostilities. 
(8) The conduct of close air support (CAS), particularly 
with respect to the timeliness, efficiency, and effectiveness of 
such support. 
(9) The use of unmanned aerial vehicles for intelligence, 
surveillance, reconnaissance, and combat support to operational 
forces. 
(10) The use and performance of United States and coalition 
military equipment, weapon systems, and munitions. 
(11) The 
effectiveness 
of reserve 
component 
forces, 
including their use and performance in the theater of oper-
ations. 
(12) The importance and effectiveness of the International 
Security Assistance Force. 
(13) The importance and effectiveness of United States 
civil affairs forces. 
(14) The anticipated duration of the United States military 
presence in Afghanistan. 
(15) The most critical lessons learned that could lead to 
long-term doctrinal, organizational, and technological changes. 
(d) CONGRESSIONAL COMMITTEES.—The committees referred to 
in subsection (a)(1) are the following: 
(1) The Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate. 
(2) The Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
SEC. 1044. REPORT ON EFFORTS TO ENSURE ADEQUACY OF FIRE 
FIGHTING STAFFS AT MILITARY INSTALLATIONS. 
Not later than May 31, 2003, the Secretary of Defense shall 
submit to Congress a report on the actions being undertaken to 
ensure that the fire fighting staffs at military installations are 
adequate under applicable Department of Defense regulations. 
SEC. 1045. REPORT ON DESIGNATION OF CERTAIN LOUISIANA fflGH-
WAY AS DEFENSE ACCESS ROAD. 
Not later than March 1, 2003, the Secretary of the Army 
shall submit to the congressional defense committees a report con-
taining the results of a study on the advisability of designating 
Louisiana 
Highway 
28 between 
Alexandria, 
Louisiana, 
and 
Leesville, Louisiana, a road providing access to the Joint Readiness 
Training Center, Louisiana, and to Fort Polk, Louisiana, as a 
defense access road for purposes of section 210 of title 23, United 
States Code. 
Deadline. 
Deadline. 
116 STAT. 2648 
PUBLIC LAW 107-314—DEC. 2, 2002 
Subtitle E—Extension of Expiring 
Authorities 
SEC. 1051. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE 
TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN 
RESPONDING TO OIL SPILLS. 
(a) FOUR-YEAR EXTENSION.—Section 740 of the Wendell H. 
Ford Aviation Investment and Reform Act for the 21st Century 
(Public Law 106-181; 114 Stat. 173; 10 U.S.C. 2576 note) is 
amended— 
(1) in subsection (a)(1), by striking ", during the period 
beginning on the date of the enactment of this Act and ending 
September 30, 2002,"; and 
(2) by adding at the end the following new subsection: 
"(i) EXPIRATION OF AUTHORITY.—The authority to sell aircraft 
and aircraft parts under this section expires on September 30, 
2006.". 
(b) ADDITIONAL REPORT.—Subsection (f) of such section is 
amended by striking "March 31, 2002" and inserting "March 31, 
2006". 
SEC. 1052. SIX-MONTH EXTENSION OF EXPIRING GOVERNMENTWIDE 
INFORMATION SECURITY REQUIREMENTS; CONTINUED 
APPLICABIUTY 
OF 
EXPIRING 
GOVERNMENTWIDE 
INFORMATION SECURITY REQUIREMENTS TO THE 
DEPARTMENT OF DEFENSE. 
(a) Six-MoNTH EXTENSION OF EXPIRING 
GOVERNMENTWIDE 
REQUIREMENTS.—Section 3536 of title 44, United States Code, is 
amended to read as follows: 
"§3536. Expiration 
"This subchapter shall not be in effect after May 31, 2003.". 
(b) CONTINUED APPLICABILITY OF EXPIRING GOVERNMENTWIDE 
REQUIREMENTS TO DEPARTMENT OF DEFENSE.—(1) Chapter 131 of 
title 10, United States Code, is amended by inserting after section 
2224 the following new section: 
"§ 2224a. Information security: continued applicability of 
expiring Governmentwide requirements to the 
Department of Defense 
"(a) IN GENERAL.—The provisions of subchapter II of chapter 
35 of title 44 shall continue to apply through September 30, 2004, 
with respect to the Department of Defense, notwithstanding the 
expiration of authority under section 3536 of such title. 
"(b) RESPONSIBILITIES.—In administering the provisions of sub-
chapter II of chapter 35 of title 44 with respect to the Department 
of Defense after the expiration of authority under section 3536 
of such title, the Secretary of Defense shall perform the duties 
set forth in that subchapter for the Director of the Office of Manage-
ment and Budget.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2649 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2224 
the following new item: 
"2224a. Information security: continued applicability of expiring Govemmentwide 
requirements to the Department of Defense,". 
SEC. 1053. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY 
OF DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES 
AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVI-
TIES ABROAD. 
Section 431(a) of title 10, United States Code, is amended 
by striking "December 31, 2002" and inserting "December 31, 2004". 
Subtitle F—Other Matters 
SEC. 1061. TIME FOR TRANSMITTAL OF ANNUAL DEFENSE AUTHORIZA-
TION LEGISLATIVE PROPOSAL. 
(a) IN GENERAL.—Chapter 2 of title 10, United States Code, 
is amended by inserting after section 113 the following new section: 
*'§ 113a. Transmission of annual 
defense 
authorization 
request 
"(a) TIME FOR TRANSMITTAL.—^The Secretary of Defense shall 
transmit to Congress the annual defense authorization request for 
a fiscal year during the first 30 days after the date on which 
the President transmits to Congress the budget for that fiscal 
year pursuant to section 1105 of title 31. 
"(b) DEFENSE AUTHORIZATION REQUEST DEFINED.—In this sec-
tion, the term 'defense authorization request', with respect to a 
fiscal year, means a legislative proposal submitted to Congress 
for the enactment of the following: 
"(1) Authorizations of appropriations for that fiscal year, 
as required by section 114 of this title. 
"(2) Personnel strengths for that fiscal year, as required 
by section 115 of this title. 
"(3) Any other matter that is proposed by the Secretary 
of Defense to be enacted as part of the annual defense 
authorization bill for that fiscal year.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 113 the following new item: 
"113a. Transmission of annual defense authorization request.". 
SEC. 1062. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is amended as follows: 
(1) Section 153 is amended— 
(A) by inserting "(a) PLANNING; ADVICE; POLICY FORMU-
LATION.—" at the beginning of the text; and 
(B) by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively. 
(2) Section 624(d)(1) is amended by striking "subsection 
(d)(2)" in the second sentence and inserting "paragraph (2)". 
(3) Section 661(b)(2) is amended by striking "the date of 
the enactment of the National Defense Authorization Act for 
Fiscal Year 2002" and inserting "December 28, 2001,". 
116 STAT. 2650 
PUBLIC LAW 107-314—DEC. 2, 2002 
(4) Section 662(a)(2) is amended— 
(A) in subparagraph (A), by striking "during the three-
year period beginning on the date of the enactment of 
the National Defense Authorization Act for Fiscal Year 
2002," and inserting "during the period beginning on 
December 28, 2001, and ending on December 27, 2004,"; 
and 
(B) in subparagraph (B), by striking "after the end 
of the period specified in subparagraph (A)" and inserting 
"after December 27, 2004". 
(5) Section 663(e)(2) is amended by striking "Armed Forces 
Staff College" and inserting "Joint Forces Staff College". 
(6) Section 1451(c)(3) is amended by striking "section" 
before "clause". 
(7) Section 2162(b)(2) is amended by striking "the date 
of the enactment of this paragraph" and inserting "December 
28, 2001,". 
(8) Section 2330(c) is amended by inserting a comma after 
"a task order". 
(9) Section 2399(a)(2) is amended— 
(A) in the matter preceding subparagraph (A), by 
striking "means—" and inserting "means a conventional 
weapons system that—"; and 
(B) in subparagraph (A), by striking "a conventional 
weapons system that". 
(10)(A) Section 2410h is transferred to the end of sub-
chapter rV of chapter 87 and redesignated as section 1747. 
(B) The item relating to that section in the table of sections 
at the beginning of chapter 141 is transferred to the end of 
the table of sections at the beginning of subchapter IV of 
chapter 87 and amended to reflect the redesignation made 
by subparagraph (A). 
(11) Section 2676(a) is amended by inserting an open paren-
thesis before "41 U.S.C". 
(12) Section 2677 is amended by striking subsection (c). 
(13) Section 2680(e) is amended by striking "the" after 
"the Committee on" the first place it appears. 
(14) Section 2815(b) is amended by striking "for fiscal year 
2003 and each fiscal year thereafter" and inserting "for any 
fiscal year". 
(15) Section 2828(b)(2) is amended by inserting "time" after 
"from time to". 
(16) Sections 3755, 6257, and 8755, as added by section 
8143(c) of Public Law 107-248 (116 Stat. 1570), are amended 
by striking "the date of the enactment of this section" and 
inserting "October 23, 2002". 
(b) TITLE 14, UNITED STATES CODE.—Title 14, United States 
Code, is amended as follows: 
(1) Section 505, as added by section 8143(c)(4) of Public 
Law 107-248 (116 Stat. 1571), is amended by striking "the 
date of the enactment of this section" and inserting "October 
23, 2002". 
(2) Section 516(c) is amended by striking "his section" 
and inserting "this section". 
(c) TITLE 37, UNITED STATES CODE.—Title 37, United States 
Code, is amended as follows: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2651 
(1) Section 302j(a) is amended by striking "subsection (c)" 
and inserting "subsection (d)". 
(2) Section 324(b) is amended by striking "(1)" before "The 
Secretary". 
(d) PUBLIC LAW 107-248.—Section 8118(a) of Public Law 107-
248 (116 Stat. 1565) is amended by striking "subsection (i)" and 
inserting "subsection (j)"-
(e) PUBLIC LAW 107-217.—Effective as if included therein as 
originally enacted, section 3(b) of Public Law 107-217 is amended— 
10 USC 2562 
(1) in paragraph (8) (116 Stat. 1295), by inserting "the 
°°t%p„.„„ 
second place it appears" before the semicolon; and 
(2) in paragraph (34) (116 Stat. 1298), by striking "section 
10 USC 7545. 
7545(a)" and inserting "section 7545(c)". 
(f) PUBLIC LAW 107-107.—Effective as of December 28, 2001, 10 USC 2350a 
and as if included therein as enacted, the National Defense note. 
Authorization Act for Fiscal Year 2002 (Public Law 107-107) is 
amended as follows: 
(1) Section 602(a)(2) (115 Stat. 1132) is amended by striking 37 USC 203. 
"an" in the first quoted matter. 
(2) Section 1212(a)(5) (115 Stat. 1249) is amended by 10 USC 2350a. 
inserting "in" after the paragraph designation. 
(3) Section 1410(a)(3)(C) (115 Stat. 1266) by inserting "both 24 USC 420. 
places it appears" before "and inserting". 
(4) Section 3007(d)(1)(C) (115 Stat. 1352) is amended by 10 USC 2687 
striking "2905(b)(7)(B)(iv)" and inserting "2905(b)(7)(C)(iv)". 
note. 
(g) PUBLIC LAW 106-398.—Effective as of October 30, 2000, 32 USC 509 note, 
and as if included therein as enacted, the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into 
law by Public Law 106-398) is amended as follows: 
(1) Section 577(b)(2) (114 Stat. 1654A-140) is amended 
32 USC 509. 
by striking "Federal" in the quoted matter and inserting 
(2) Section 612(c)(4)(B) (114 Stat. 1654A-150) is amended 
32 use 209. 
by striking the comma at the end of the first quoted matter. 
(h) PUBLIC LAW 106-246.—Section 136 of Public Law 106-
246 (114 Stat. 520) is amended— 
(1) in subsection (d)(7), by striking subparagraphs (B) and 
(C) and inserting the following new subparagraphs: 
"(B) Section 1302 of title 40, United States Code. 
"(C) Subtitle I of title 40, United States Code."; and 
(2) in subsection (e)(3), by striking subparagraph (B) and 
inserting the following new subparagraph: 
"(B) Subtitle I of title 40, United States Code.". 
(i) PUBLIC LAW 106-181.—Section 740(a)(1) of the Wendell H. 
Ford Aviation Investment and Reform Act for the 21st Century 
(10 U.S.C. 2576 note) is amended by striking "section 202 of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
483)" and inserting "subchapter II of chapter 5 of title 40, United 
States Code,". 
(j) PUBLIC LAW 106-65.—The National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65) is amended as follows: 
(1) Section 573(b) (10 U.S.C. 513 note) is amended by 
inserting a period at the end of paragraph (2). 
(2) Section 1305(6) (22 U.S.C. 5952 note) is amended by 
striking the first period after "facility". 
(k) PUBLIC LAW 104-307.—Section 2(a)(1) of the Wildfire 
Suppression Aircraft Transfer Act of 1996 (10 U.S.C. 2576 note) 
116 STAT. 2652 
PUBLIC LAW 107-314—DEC. 2, 2002 
is amended by striking "section 202 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 483)" and inserting 
"subchapter II of chapter 5 of title 40, United States Code,". 
(1) PUBLIC LAW 103-337.—Section 2814 of the National Defense 
10 use 2687 
Authorization Act for Fiscal Year 1995 (Public Law 103-337) is 
note. 
amended by striking "the PubHc Buildings Act of 1959 (40 U.S.C. 
601 et seq.) and the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.)" and inserting "chapter 5 
or 33 of title 40, United States Code". 
(m) PUBLIC LAW 101-510.—^The National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510) is amended as 
follows: 
(1) Section 2905(b)(1) (10 U.S.C. 2687 note) is amended— 
(A) in subparagraph (A), by striking "section 202 of 
the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 483)" and inserting "subchapter II of 
chapter 5 of title 40, United States Code"; and 
(B) in subparagraph (B), by striking "section 203 of 
that Act (40 U.S.C. 484)" and inserting "subchapter III 
of chapter 5 of title 40, United States Code". 
(2) Section 2905(b)(4)(F) is amended by striking "sections 
202 and 203 of the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 483, 484)" and inserting "sub-
chapters II and III of chapter 5 of title 40, United States 
Code,". 
(3) Section 2905(b)(7) is amended by striking "section 203(k) 
of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 484(k))" in subparagraphs (K)(v), (L)(iv)(V), 
and (P) and inserting "section 550 of title 40, United States 
Code,". 
10 use 2687 
(4) Section 2926(d)(2) is amended by striking "title IX of 
note. 
the Federal Property and Administrative Services Act (Public 
Law 92-582; 40 U.S.C. 541 et seq., as amended)" and inserting 
"chapter 11 of title 40, United States Code", 
(n) PUBLIC LAW 100-526.—The Defense Authorization Amend-
ments and Base Closure and Realignment Act (Public Law 100-
526) is amended as follows: 
(1) Section 204(b)(1) (10 U.S.C. 2687 note) is amended— 
(A) in subparagraph (A), by striking "section 202 of 
the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 483)" and inserting "subchapter II of 
chapter 5 of title 40, United States Code"; and 
(B) in subparagraph (B), by striking "section 203 of 
that Act (40 U.S.C. 484)" and inserting "subchapter III 
of chapter 5 of title 40, United States Code". 
(2) Section 204(b)(4)(F) is amended by striking "sections 
202 and 203 of the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 483, 484)" and inserting "sub-
chapters II and III of chapter 5 of title 40, United States 
Code,". 
(o) OTHER LAWS.—(1) Section 502(a) of the National Emer-
gencies Act (50 U.S.C. 1651(a)) is amended by striking paragraph 
(2) and redesignating paragraphs (3) through (7) as paragraphs 
(1) through (5), respectively. 
(2) Section 10(b)(8) of the Military Selective Service Act (50 
U.S.C. App. 460(b)(8)) is amended by striking "Public Law 26" 
and all that follows through the period at the end of the paragraph 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2653 
and inserting "the Act of March 31, 1947 (50 U.S.C. App. 321 
et seq.).". 
(3) The Defense Production Act of 1950 is amended in both 
section 305(i) and section 306(j) (50 U.S.C. App. 2095(i), 2096(j))— 
(A) in the first sentence, by striking "the Act entitled" 
and all that follows through the period at the end of the 
sentence and inserting "subchapter IV of chapter 31 of title 
40, United States Code."; and 
(B) in the last sentence, by striking "and section 276(c) 
of title 40". 
SEC. 1063. USE FOR LAW ENFORCEMENT PURPOSES OF DNA SAMPLES 
MAINTAINED BY DEPARTMENT OF DEFENSE FOR IDENTI-
FICATION OF HUMAN REMAINS. 
(a) IN GENERAL.—Chapter 80 of title 10, United States Code, 
is amended by inserting after section 1565 the following new section: 
'*§ 1565a. DNA samples maintained for identiHcation of 
human remains: use for law enforcement pur-
poses 
"(a) COMPLIANCE WITH COURT ORDER.—(1) Subject to paragraph 
(2), if a valid order of a Federal court (or military judge) so requires, 
an element of the Department of Defense that maintains a reposi-
tory of DNA samples for the purpose of identification of human 
remains shall make available, for the purpose specified in subsection 
(b), such DNA samples on such terms and conditions as such 
court (or military judge) directs. 
"(2) A D N A sample with respect to an individual shall be 
provided under paragraph (1) in a manner that does not compromise 
the ability of the Department of Defense to maintain a sample 
with respect to that individual for the purpose of identification 
of human remains. 
"(b) COVERED PURPOSE.—The purpose referred to in subsection 
(a) is the purpose of an investigation or prosecution of a felony, 
or any sexual offense, for which no other source of DNA information 
is reasonably available. 
"(c) DEFINITION.—In this section, the term *DNA sample' has 
the meaning given such term in section 1565(c) of this title.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin- 
- ^ 
ning of such chapter is amended by inserting after the item relating 
to section 1565 the following new item: 
"1565a. DNA samples maintained for identification of human remains: use for law 
enforcement purposes.". 
SEC. 1064. ENHANCED AUTHORITY TO OBTAIN FOREIGN LANGUAGE 
SERVICES DURING PERIODS OF EMERGENCY. 
(a) 
NATIONAL 
F O R E I G N 
L A N G U A G E 
S K I L L S 
R E G I S T R Y . - — ( 1 ) 
Chapter 81 of title 10, United States Code, is amended by inserting 
after section 1596a the following new section: 
"§ 1596b. Foreign language proficiency: National Foreign 
Language Skills Registry 
"(a) ESTABLISHMENT.—(1) The Secretary of Defense may estab-
lish and maintain a registry of persons who— 
"(A) have proficiency in one or more critical foreign lan-
guages; 
99-194 0-03-8 :QL3 Part4 
116 STAT. 2654 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(B) are willing to provide linguistic services to the United 
States in the interests of national security during war or a 
national emergency; and 
"(C) meet the eligibility requirements of subsection (b). 
"(2) The registry shall be known as the 'National Foreign Lan-
guage Skills Registry* (in this section referred to as the 'Registry"). 
"(b) ELIGIBLE PERSONS.—TO be eligible for listing on the Reg-
istry, a person— 
"(l)mustbe— 
"(A) a national of the United States (as defined in 
section 101(a)(22) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(22))); or 
"(B) an alien lawfully admitted for permanent resi-
dence (as defined in section 101(a)(20) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(20))); 
"(2) shall express willingness, in a form and manner pre-
scribed by the Secretary— 
"(A) to provide linguistic services for a foreign language 
as described in subsection (a); and 
"(B) to be listed on the Registry; and 
"(3) shall meet such language proficiency and other selec-
tion criteria as may be prescribed by the Secretary. 
"(c) REGISTERED INFORMATION.—^The Registry shall consist of 
the following: 
"(1) The names of eligible persons selected by the Secretary 
for listing on the Registry. 
"(2) Such other information on such persons as the Sec-
retary determines pertinent to the use of such persons to pro-
vide linguistic services as described in subsection (a). 
"(d) PROTECTION OF PRIVACY.—The Secretary may withhold 
from public disclosure the information maintained in the Registry 
in accordance with section 552a of title 5. 
"(e) DESIGNATION OF CRITICAL FOREIGN LANGUAGES.—The Sec-
retary shall designate those languages that are critical foreign 
languages for the purposes of this section. The Secretary shall 
make such a designation for any foreign language for which there 
is a shortage of experts in translation or interpretation available 
to meet requirements of the Secretary or of the head of any other 
department or agency of the United States for translation or 
interpretation in the national security interests of the United States. 
"(f) LINGUISTIC SERVICES DEFINED.—In this section, the term 
'linguistic services' means translation or interpretation of commu-
nication in a foreign language.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after section 1596a the following new 
item: 
"1596b. Foreign language proficiency: National Foreign Language Skills Registry.". 
(b) AUTHORITY TO ACCEPT VOLUNTARY 
TRANSLATION AND 
INTERPRETATION SERVICES.—Section 1588(a) of title 10, United 
States Code, is amended by adding after paragraph (6), as added 
by section 553, the following new paragraph: 
"(7) Voluntary translation or interpretation services offered 
with respect to a foreign language by a person (A) who is 
registered for such foreign language on the National Foreign 
Language Skills Registry under section 1596b of this title, 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2655 
or (B) who otherwise is approved to provide voluntary trans-
lation or interpretation services for national security purposes, 
as determined by the Secretary of Defense.". 
SEC. 1065. REWARDS FOR ASSISTANCE IN COMBATING TERRORISM. 
(a) AUTHORITY.—Chapter 3 of title 10, United States Code, 
is amended by inserting after section 127a the following new section: 
"§ 127b. Assistance in combating terrorism: rewards 
"(a) AUTHORITY.—The Secretary of Defense may pay a monetary 
amount, or provide a payment-in-kind, to a person as a reward 
for providing United States Government personnel with information 
or nonlethal assistance that is beneficial to— 
"(1) an operation or activity of the armed forces conducted 
outside the United States against international terrorism; or 
"(2) force protection of the armed forces. 
"(b) LIMITATION.—The amount or value of a reward provided 
under this section may not exceed $200,000. 
"(c) DELEGATION OF AUTHORITY.—(1) The authority of the Sec-
retary of Defense under subsection (a) may be delegated only— 
"(A) to the Deputy Secretary of Defense and an Under 
Secretary of Defense, without further redelegation; and 
"(B) to the commander of a combatant command, but only 
for a reward in an amount or with a value not in excess 
of $50,000. 
"(2) A commander of a combatant command to whom authority 
to provide rewards under this section is delegated under paragraph 
(1) may further delegate that authority, but only for a reward 
in an amount or with a value not in excess of $2,500, except 
that such a delegation may be made to the commander's deputy 
commander without regard to such limitation. 
"(d) COORDINATION.—(1) The Secretary of Defense shall pre-
scribe policies and procedures for the offering and making of 
rewards under this section and otherwise for administering the 
authority under this section. Such polices and procedures shall 
be prescribed in consultation with the Secretary of State and the 
Attorney General and shall ensure that the making of a reward 
under this section does not duplicate or interfere with the payment 
of a reward authorized by the Secretary of State or the Attorney 
General. 
"(2) The Secretary of Defense shall consult with the Secretary 
of State regarding the making of any reward under this section 
in an amount or with a value in excess of $100,000. 
"(e) PERSONS NOT ELIGIBLE.—The following persons are not 
eligible to receive a reward under this section: 
"(1) A citizen of the United States. 
"(2) An officer or employee of the United States. 
"(3) An employee of a contractor of the United States. 
"(f) ANNUAL REPORT.—(1) Not later than December 1 of each Deadline, 
year, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report on the administration of the rewards program under this 
section during the preceding fiscal year. 
"(2) Each report for a fiscal year under this subsection shall 
include the following: 
116 STAT. 2656 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(A) Information on the total amount expended during that 
fiscal year to carry out the rewards program under this section 
during that fiscal year. 
"(B) Specification of the amount, if any, expended during 
that fiscal year to publicize the availability of rewards under 
this section. 
"(C) With respect to each reward provided during that 
fiscal year— 
"(i) the amount or value of the reward and whether 
the reward was provided as a monetary payment or in 
some other form; 
"(ii) the recipient of the reward; and 
"(iii) a description of the information or assistance 
for which the reward was paid, together with an assess-
ment of the significance and benefit of the information 
or assistance. 
"(3) The Secretary may submit the report in classified form 
if the Secretary determines that it is necessary to do so. 
"(g) DETERMINATIONS BY THE SECRETARY.—A determination by 
the Secretary under this section is final and conclusive and is 
not subject to judicial review.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 127a the following new item: 
"127b. Assistance in combating terrorism: rewards.". 
SEC. 1066. PROVISION OF SPACE AND SERVICES TO MILITARY WEL-
FARE SOCIETIES. 
(a) AUTHORITY TO PROVIDE SPACE AND SERVICES.—Chapter 
152 of title 10, United States Code, is amended by adding at 
the end the following new section: 
"§2566. Space and services: provision to military welfare 
societies 
"(a) AUTHORITY TO PROVIDE SPACE AND SERVICES.—^The Sec-
retary of a military department may provide, without charge, space 
and services under the jurisdiction of that Secretary to a military 
welfare society. 
"(b) DEFINITIONS.—In this section: 
"(1) The term 'military welfare society' means the following: 
"(A) The Army Emergency Relief Society. 
"(B) The Navy-Marine Corps Relief Society. 
"(C) The Air Force Aid Society, Inc. 
"(2) The term 'services' includes lighting, heating, cooling, 
electricity, office furniture, office machines and equipment, tele-
phone and other information technology services (including 
installation of lines and equipment, connectivity, and other 
associated services), and security systems (including installa-
tion and other associated expenses).". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2566. Space and services: provision to military welfare societies.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2657 
SEC. 1067. PREVENTION AND MITIGATION OF CORROSION OF MILI-
TARY EQUIPMENT AND INFRASTRUCTURE. 
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§2228. Military equipment and infrastructure: prevention 
and mitigation of corrosion 
"(a) 
DESIGNATION OF RESPONSIBLE OFFICIAL OR ORGANIZA-
TION.—The Secretary of Defense shall designate an officer or 
employee of the Department of Defense, or a standing board or 
committee of the Department of Defense, as the senior official 
or organization responsible in the Department to the Secretary 
of Defense (after the Under Secretary of Defense for Acquisition, 
Technology, and Logistics) for the prevention and mitigation of 
corrosion of the military equipment and infrastructure of the 
Department. 
"(b) DUTIES.—(1) The official or organization designated under 
subsection (a) shall oversee and coordinate efforts throughout the 
Department of Defense to prevent and mitigate corrosion of the 
military equipment and infrastructure of the Department. The 
duties under this paragraph shall include the duties specified in 
paragraphs (2) through (5). 
"(2) The designated official or organization shall develop and 
recommend any policy guidance on the prevention and mitigation 
of corrosion to be issued by the Secretary of Defense. 
"(3) The designated official or organization shall review the 
programs and funding levels proposed by the Secretary of each 
military department during the annual internal Department of 
Defense budget review process as those programs and funding 
proposals relate to programs and funding for the prevention and 
mitigation of corrosion and shall submit to the Secretary of Defense 
recommendations regarding those programs and proposed funding 
levels. 
"(4) The designated official or organization shall provide over-
sight and coordination of the efforts within the Department of 
Defense to prevent or mitigate corrosion during— 
"(A) the design, acquisition, and maintenance of military 
equipment; and 
"(B) the design, construction, and maintenance of infra-
structure, 
"(5) The designated official or organization shall monitor 
acquisition practices within the Department of Defense— 
"(A) to ensure that the use of corrosion prevention tech-
nologies and the application of corrosion prevention treatments 
are fully considered during research and development in the 
acquisition process; and 
"(B) to ensure that, to the extent determined appropriate 
for each acquisition program, such technologies and treatments 
are incorporated into that program, particularly during the 
engineering and design phases of the acquisition process. 
"(c) LONG-TERM STRATEGY.—(1) The Secretary of Defense shall 
develop and implement a long-term strategy to reduce corrosion 
and the effects of corrosion on the military equipment and infra-
structure of the Department of Defense. 
"(2) The strategy under paragraph (1) shall include the fol-
lowing: 
116 STAT. 2658 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(A) Expansion of the emphasis on corrosion prevention 
and mitigation within the Department of Defense to include 
coverage of infrastructure. 
"(B) Application uniformly throughout the Department of 
Defense of requirements and criteria for the testing and certifi-
cation of new corrosion-prevention technologies for equipment 
and infrastructure with similar characteristics, similar mis-
. sions, or similar operating environments. 
"(C) Implementation of programs, including supporting 
databases, to ensure that a focused and coordinated approach 
is taken throughout the Department of Defense to collect, 
review, validate, and distribute information on proven methods 
and products that are relevant to the prevention of corrosion 
of military equipment and infrastructure. 
"(D) Establishment of a coordinated research and develop-
ment program for the prevention and mitigation of corrosion 
for new and existing military equipment and infrastructure 
that includes a plan to transition new corrosion prevention 
technologies into operational systems. 
"(3) The strategy shall include, for the matters specified in 
paragraph (2), the following: 
"(A) Policy guidance. 
"(B) Performance measures and milestones. 
"(C) An assessment of the necessary personnel and funding 
" - necessary to accomplish the long-term strategy. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'corrosion' means the deterioration of a mate-
rial or its properties due to a reaction of that material with 
its chemical environment. 
"(2) The term 'military equipment' includes all weapon 
systems, weapon platforms, vehicles, and munitions of the 
Department of Defense, and the components of such items. 
"(3) The term 'infrastructure' includes all buildings, struc-
tures, airfields, port facilities, surface and subterranean utility 
systems, heating and cooling systems, fuel tanks, pavements, 
and bridges.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2228. Military equipment and infrastructure: prevention and mitigation of corro-
sion.", 
10 use 2228 
(b) DEADLINE FOR DESIGNATION OF RESPONSIBLE OFFICIAL OR 
note. 
ORGANIZATION.—^The Secretary of Defense shall designate an officer, 
employee, or standing board or committee of the Department of 
Defense under subsection (a) of section 2228 of title 10, United 
States Code, as added by subsection (a), not later than 90 days 
after the date of the enactment of this Act. 
(c) INTERIM REPORT.—^When the President submits the budget 
for fiscal year 2004 to Congress pursuant to section 1105(a) of 
title 31, United States Code, the Secretary of Defense shall submit 
to Congress a report regarding the actions taken to that date 
under section 2228 of title 10, United States Code, as added by 
subsection (a). That report shall include the following: 
(1) A description of the organizational structure for the 
personnel carrying out the responsibilities of the official or 
organization designated under subsection (a) of that section 
with respect to the prevention and mitigation of corrosion. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2659 
(2) An outline for the long-term strategy for prevention 
and mitigation of corrosion required by subsection (c) of that 
section and milestones for development of that strategy. 
(d) DEADLINE FOR LONG-TERM STRATEGY.—The Secretary of 
Defense shall submit to Congress a report setting forth the long-
term strategy required under subsection (c) of section 2228 of title 
10, United States Code, as added by subsection (a), not later than 
one year after the date of the enactment of this Act. 
(e) GAO REVIEW.—The Comptroller General shall monitor the Deadline, 
implementation of the long-term strategy required under subsection 
(c) of section 2228 of title 10, United States Code, as added by 
subsection (a), and, not later than 18 months after the date of 
the enactment of this Act, shall submit to Congress an assessment 
of the extent to which that strategy has been implemented. 
SEC. 1068. TRANSFER OF HISTORIC DF-9E PANTHER AIRCRAFT TO 
WOMEN AIRFORCE SERVICE PILOTS MUSEUM. 
(a) AUTHORITY TO CONVEY.—^The Secretary of the Navy may 
convey, without consideration, to the Women Airforce Service Pilots 
Museum in Quartzsite, Arizona (in this section referred to as the 
"W.A.S.P. Museum"), all right, title, and interest of the United 
States in and to a DF-9E Panther aircraft (Bureau Number 
125316). The conveyance shall be made by means of a conditional 
deed of gift. 
(b) CONDITION OF AIRCRAFT.—The aircraft shall be conveyed 
under subsection (a) in its current unflyable, "as is" condition. 
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 under 
subsection (a) the following conditions: 
(1) The W.A.S.P. Museum may not convey any ownership 
interest in, or transfer possession of, the aircraft to any other 
party without the prior approval of the Secretary. 
(2) If the Secretary determines at any time that the 
W.A.S.P. Museum has conveyed an ownership interest in, or 
transferred possession of, the aircraft to any other party without 
the prior approval of the Secretary, 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 convey-
ance, costs of determining compliance with subsection (b), and costs 
of operation and maintenance of the aircraft conveyed shall be 
borne by the W.A.S.P. Museum. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
a conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
116 STAT. 2660 
PUBLIC LAW 107-314—DEC. 2, 2002 
SEC. 1069. INCREASE IN AMOUNT AUTHORIZED TO BE EXPENDED FOR 
DEPARTMENT OF DEFENSE PROGRAM TO COMMEMO-
RATE 50TH ANNIVERSARY OF THE KOREAN WAR. 
Section 1083(f)(2) of the National Defense Authorization Act 
for Fiscal Year 1998 (10 U.S.C. 113 note) is amended by striking 
"$7,000,000" and inserting "$10,000,000". 
TITLE XI—DEPARTMENT OF DEFENSE 
CIVILIAN PERSONNEL 
Sec. 1101. Eligibility of Department of Defense nonappropriated fund employees for 
long-term care insurance. 
Sec. 1102. Extension of Department of Defense authority to make lump-simi sever-
ance payments. 
Sec. 1103. Continuation of Federal Employee Health Benefits Program eligibility. 
Sec. 1104. Certification for Department of Defense professional accounting posi-
tions. 
SEC. 
1101. ELIGIBILITY 
OF 
DEPARTMENT OF 
DEFENSE 
NON-
APPROPRIATED FUND EMPLOYEES FOR LONG-TERM 
CARE INSURANCE. 
(a) IN GENERAL.—Section 9001(1) of title 5, United States Code, 
is amended— 
(1) in subparagraph (B), by striking "and"; 
(2) in subparagraph (C), by striking the comma at the 
end and inserting "; and"; and 
(3) by inserting after subparagraph (C) the following new 
subparagraph: 
"(D) an employee of a nonappropriated fund instrumen-
tality of the Department of Defense described in section 
2105(c),". 
(b) DISCRETIONARY AUTHORITY.—Section 9002 of such title is 
amended— 
(1) by redesignating subsections (b), (c), (d), and (e) as 
subsections (c), (d), (e), and (f), respectively; and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b) DISCRETIONARY AUTHORITY REGARDING NONAPPROPRIATED 
FUND INSTRUMENTALITIES.—^The Secretary of Defense may deter-
mine that a nonappropriated fund instrumentality of the Depart-
ment of Defense is covered under this chapter or is covered under 
an alternative long-term care insurance program.". 
SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO 
MAKE LUMP-SUM SEVERANCE PAYMENTS. 
(a) IN GENERAL.—Section 5595(i)(4) of title 5, United States 
Code, is amended by striking "2003" and inserting "2006". 
Deadline. 
(b) REPORT.—^Not later than one year after the date of the 
5 use 5595 note, enactment of this Act, the President shall submit to the Committees 
on Armed Services and on Governmental Affairs of the Senate 
and the Committees on Armed Services and on Government Reform 
of the House of Representatives a report, including recommenda-
tions, on whether the authority under section 5595(i) of title 5, 
United States Code, should be made permanent or expanded to 
be made Governmentwide. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2661 
SEC. 1103. CONTINUATION OF FEDERAL EMPLOYEE HEALTH BENEFITS 
PROGRAM ELIGIBILITY. 
Paragraph (4)(B) of section 8905a(d) of title 5, United States 
Code, is amended— 
(1) in clause (i), by striking "2003" and inserting "2006"; 
and 
(2) in clause (ii)— 
(A) by striking "2004" and inserting "2007"; and 
(B) by striking "2003" and inserting "2006". 
SEC. 1104. CERTIFICATION FOR DEPARTMENT OF DEFENSE PROFES-
SIONAL ACCOUNTING POSITIONS. 
(a) IN GENERAL.—(1) Chapter 81 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 1599d. Professional accounting positions: authority to pre-
scribe certification and credential standards 
"(a) AUTHORITY TO PRESCRIBE PROFESSIONAL CERTIFICATION 
STANDARDS.—^The Secretary of Defense may prescribe professional 
certification and credential standards for professional accounting 
positions within the Department of Defense. Any such standard 
shall be prescribed as a Department of Defense regulation. 
"(b) 
WAIVER 
AUTHORITY.—The Secretary may waive any 
standard prescribed under subsection (a) whenever the Secretary 
determines such a waiver to be appropriate. 
"(c) APPLICABILITY.—^A standard prescribed under subsection 
(a) shall not apply to any person employed by the Department 
of Defense before the standard is prescribed. 
"(d) REPORT.—The Secretary of Defense shall submit to Con-
gress a report on the Secretary's plans to provide training to appro-
priate Department of Defense personnel to meet any new profes-
sional and credential standards prescribed under subsection (a). 
Such report shall be prepared in conjunction with the Director 
of the Office of Personnel Management. Such a report shall be 
submitted not later than one year after the effective date of any 
regulations, or any revision to regulations, prescribed pursuant 
to subsection (a). 
"(e) 
DEFINITION.—In this 
section, the term 
'professional 
accounting position' means a position or group of positions in the 
GS-510, GS-511, and GS-505 series that involves professional 
accounting work.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1599d. Professional accounting positions: authority to prescribe certification and 
credential standards.". 
(b) EFFECTIVE DATE.—Standards established pursuant to sec-
tion 1599d of title 10, United States Code, as added by subsection 
(a), may take effect no sooner than 120 days after the date of 
the enactment of this Act. 
Deadline. 
10 u s e 1599d 
note. 
116 STAT. 2662 
PUBLIC LAW 107-314—DEC. 2, 2002 
TITLE XII—MATTERS RELATING TO 
OTHER NATIONS 
Sec. 1201. Authority to provide administrative services and support for coalition li-
aison officers. 
Sec. 1202. Authority to pay for certain travel of defense personnel of countries par-
ticipating in NATO Partnership for Peace program. 
Sec. 1203. Limitation on funding for Joint Data Exchange Center in Moscow. 
Sec. 1204. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 
Sec. 1205. Comprehensive annual report to Congress on coordination and integra-
tion of all United States nonproliferation activities. 
Sec. 1206. Report requirement regarding Russian proliferation to Iran and other 
countries of proliferation concern. 
Sec. 1207. Monitoring of implementation of 1979 agreement between the United 
States and China on cooperation in science and technology. 
Sec. 1208. Extension of certain counterproliferation activities and programs. 
Sec. 1209. Semiannual report by Director of Central Intelligence on contributions 
by foreign persons to efforts by countries of proliferation concern to ob-
tain weapons of mass destruction and their delivery systems. 
Sec. 1210. Report on feasibility and advisability of senior officer exchanges between 
the Armed Forces of the United States and the military forces of Tai-
wan. 
Sec. 1211. Report on United States force structure in the Pacific. 
SEC. 1201. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND 
SUPPORT FOR COALITION LIAISON OFFICERS. 
(a) AUTHORITY.—(1) Chapter 53 of title 10, United States Code, 
is amended by inserting after section 1051 the following new section: 
'^§ 1051a. Coalition liaison officers: administrative services 
and support; travel, subsistence, and other per-
sonal expenses 
"(a) AUTHORITY.—The Secretary of Defense may provide 
administrative services and support for the performance of duties 
by a liaison officer of another nation involved in a coalition with 
the United States while the liaison officer is assigned temporarily 
to the headquarters of a combatant command, component command, 
or subordinate operational command of the United States in connec-
tion with the planning for, or conduct of, a coalition operation. 
"(b) TRAVEL AND SUBSISTENCE EXPENSES.—(1) The Secretary 
may pay the expenses specified in paragraph (2) of a liaison officer 
of a developing country in connection with the assignment of that 
officer to the headquarters of a combatant command as described 
in subsection (a), if the assignment is requested by the commander 
of the combatant command. 
"(2) Expenses of a liaison officer that may be paid under para-
graph (1) in connection with an assignment described in that para-
graph are the following: 
"(A) Travel and subsistence expenses. 
"(B) Personal expenses directly necessary to carry out the 
duties of that officer in connection with that assignment. 
"(c) REIMBURSEMENT.—^To the extent that the Secretary deter-
mines appropriate, the Secretary may provide the services and 
support authorized by subsection (a) and the expenses authorized 
by subsection (b) with or without reimbursement from (or on behalf 
of) the recipients. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'administrative services and support' includes 
base or installation support services, office space, utilities, 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2663 
copying services, fire and police protection, and computer sup-
port. 
"(2) The term 'coalition' means an ad hoc arrangement 
between or among the United States and one or more other 
nations for common action. 
"(e) EXPIRATION OF AUTHORITY.—The authority under this sec-
tion shall expire on September 30, 2005.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1051 
the following new item: 
"1051a. Coalition liaison officers: administrative services and support; travel, sub-
sistence, and other personal expenses.". 
(b) GAO REPORT.—Not later than March 1, 2005, the Comp- Deadline, 
troller General shall submit to the Committees on Armed Services 
10 USC I05ia 
of the Senate and House of Representatives a report providing ^°^' 
an assessment of the implementation of section 1051a of title 10, 
United States Code, as added by subsection (a). The assessment 
shall include the following: 
(1) A description of the benefits to coalition operations 
of the authority provided by that section. 
(2) A statement of the cost to the Department of Defense 
of the use of the authority provided by that section. 
(3) A summary of activities carried out under the authority 
provided by that section, including (A) the number of liaison 
officers for whom administrative services and support or 
expenses were provided under that authority and their coun-
tries of origin, and (B) the type of services, support, and 
expenses provided. 
SEC. 1202. AUTHORITY TO PAY FOR CERTAIN TRAVEL OF DEFENSE 
PERSONNEL OF COUNTRIES PARTICIPATING IN NATO 
PARTNERSHIP FOR PEACE PROGRAM. 
(a) AUTHORITY FOR USE OF FUNDS.—Section 1051(b) of title 
10, United States Code, is amended— 
(1) in paragraph (1), by striking "paragraph (2)" and 
inserting "paragraphs (2) and (3)"; 
(2) by redesignating paragraph (3) as paragraph (4); and 
(3) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) In the case of defense personnel of a developing country 
that is not a member of the North Atlantic Treaty Organization 
and that is participating in the Partnership for Peace program 
of the North Atlantic Treaty Organization (NATO), expenses author-
ized to be paid under subsection (a) may be paid in connection 
with travel of personnel to the territory of any of the countries 
participating in the Partnership for Peace program or the territory 
of any NATO member country.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
lo use losi 
(a) shall apply only with respect to travel performed on or after ^^te. 
the date of the enactment of this Act. 
SEC. 
1203. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE 
CENTER IN MOSCOW. 
(a) LIMITATION.—Not more than 50 percent of the funds made 
available to the Department of Defense for fiscal year 2003 for 
activities associated with the Joint Data Exchange Center in 
116 STAT. 2664 
PUBLIC LAW 107-314—DEC. 2, 2002 
Moscow, Russia, may be obligated or expended for any such activity 
until— 
(1) the United States and the Russian Federation enter 
into a cost-sharing agreement as described in subsection (d) 
of section 1231 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law 
by Public Law 106-398; 114 Stat. 1654A-329); 
(2) the United States and the Russian Federation enter 
into an agreement or agreements exempting the United States 
and any United States person from Russian taxes, and from 
liability under Russian laws, with respect to activities associ-
ated with the Joint Data Exchange Center; 
(3) the Secretary of Defense submits to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a copy of each agree-
ment referred to in paragraphs (1) and (2); and 
(4) a period of 30 days has expired after the date of the 
final submission under paragraph (3). 
(b) JOINT DATA EXCHANGE CENTER.—For purposes of this sec-
tion, the term "Joint Data Exchange Center" means the United 
States-Russian Federation joint center for the exchange of data 
to provide early warning of launches of ballistic missiles and for 
notification of such launches that is provided for in a joint United 
States-Russian Federation memorandum of agreement signed in 
Moscow in June 2000. 
SEC. 1204. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO 
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES. 
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR 
2003.—^The total amount of the assistance for fiscal year 2003 
that is provided by the Secretary of Defense under section 1505 
of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 
5859a) as activities of the Department of Defense in support of 
activities under that Act may not exceed $15,000,000. 
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.—Sub-
section (f) of section 1505 of the Weapons of Mass Destruction 
Control Act of 1992 (22 U.S.C. 5859a) is amended by striking 
"2002" and inserting "2003". 
22 u s e 5952 
SEC. 1205. COMPREHENSIVE ANNUAL REPORT TO CONGRESS ON 
note. 
COORDINATION AND INTEGRATION OF ALL UNITED 
STATES NONPROUFERATION ACTIVITIES. 
Section 1205 of the National Defense Authorization Act for 
Fiscal Year 2002 (Pubhc Law 107-107; 115 Stat. 1247) is amended 
by adding at the end the following new subsection: 
Deadline. 
"(d) ANNUAL REPORT ON IMPLEMENTATION OF PLAN.—(1) N o t 
later than January 31, 2003, and each year thereafter, the President 
shall submit to Congress a report on the implementation of the 
plan required by subsection (a) during the preceding year. 
"(2) Each report under paragraph (1) shall include— 
"(A) a discussion of progress made during the year covered 
by such report in the matters of the plan required by subsection 
(a); 
"(B) a discussion of consultations with foreign nations, and 
in particular the Russian Federation, during such year on joint 
programs to implement the plan; 
"(C) a discussion of cooperation, coordination, and integra-
tion during such year in the implementation of the plan among 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2665 
the various departments and agencies of the United States 
Government, as well as private entities that share objectives 
similar to the objectives of the plan; and 
"(D) any recommendations that the President considers 
appropriate regarding modifications to law or regulations, or 
to the administration or organization of any Federal department 
or agency, in order to improve the effectiveness of any programs 
carried out during such year in the implementation of the 
plan.". 
SEC. 1206. REPORT REQUIREMENT REGARDING RUSSIAN PROLIFERA- 
22 USC 5952 
TION TO IRAN AND OTHER COUNTRIES OF PROLIFERA- 
note. 
TION CONCERN. 
(a) REPORT REQUIREMENT.—Not later than March 15 of 2003 Deadline, 
through 2009, the President shall submit to Congress a report President, 
(in unclassified and classified form as necessary) describing in detail 
Russian proliferation of weapons of mass destruction and ballistic 
missile goods, technology, expertise, and information, and of dual-
use items that may contribute to the development of weapons 
of mass destruction and ballistic missiles, to Iran and to other 
countries of proliferation concern during the year preceding the 
year in which the report is submitted. The report shall include 
a detailed description of the following, for the year covered by 
the report: 
(1) The number, type, and quality of direct and dual-use 
weapons of mass destruction and ballistic missile goods, tech-
nology, expertise, and information transferred. 
(2) The form, location, and manner in which such transfers 
took place. 
(3) The contribution that such transfers could make to 
the recipient countries' weapons of mass destruction and bal-
listic missile programs, and an estimate of how soon such 
countries will test, possess, and deploy weapons of mass 
destruction and ballistic missiles. 
(4) The impact and consequences that such transfers have, 
and could have over the next 10 years— 
(A) on United States national security; 
(B) on United States military forces deployed in the 
region to which such transfers are being made; 
(C) on United States allies, friends, and interests in 
that region; and 
(D) on the military capabilities of the country receiving 
such transfers from Russia. 
(5) The policy and strategy that the President intends 
to employ to halt Russian proliferation, the policy tools that 
the President intends to use to carry out that policy and 
strategy, the rationale for employing such tools, and the 
timeline by which the President expects to see material progress 
in ending Russian proliferation of direct and dual-use weapons 
of mass destruction and missile goods, technology, expertise, 
and information. 
(b) DEFINITION.—In this section, the term "country of prolifera-
tion concern" means any country identified by the Director of Cen-
tral Intelligence as having engaged in the acquisition of dual-
use and other technology useful for the development or production 
116 STAT. 2666 
PUBLIC LAW 107-314—DEC. 2, 2002 
of weapons of mass destruction (including nuclear weapons, chem-
ical weapons, and biological weapons) or advanced conventional 
munitions— 
(1) in the most recent report under section 721 of the 
Combatting Proliferation of Weapons of Mass Destruction Act 
of 1996 (title VII of Public Law 104-293; 50 U.S.C. 2366); 
or 
(2) in any successor report on the acquisition by foreign 
countries of dual-use and other technology useful for the 
development or production of weapons of mass destruction. 
22 use 6901 
SEC. 1207. MONITORING OF IMPLEMENTATION OF 1979 AGREEMENT 
note 
BETWEEN THE UNITED STATES AND CHINA ON COOPERA-
TION IN SCIENCE AND TECHNOLOGY. 
(a) IN GENERAL.—^The Secretary of State shall— 
(1) monitor the implementation of the Agreement specified 
in subsection (c); 
(2) keep a systematic account of the protocols to the Agree-
ment; 
(3) coordinate the activities of all agencies of the United 
States Government that carry out cooperative activities under 
the Agreement; and 
(4) ensure that all activities conducted under the Agree-
ment comply with applicable laws and regulations concerning 
the transfer of militarily sensitive technologies and dual-use 
technologies. 
(b) RESPONSIBILITIES OF THE OFFICE OF SCIENCE AND TECH-
NOLOGY COOPERATION.—^Except as otherwise provided by the Sec-
retary of State, the functions of the Secretary under this section 
shall be carried out through the Director of the Office of Science 
and Technology Cooperation of the Department of State. 
(c) AGREEMENT DEFINED.—For purposes of this section, the 
term "Agreement" means the agreement between the United States 
and the People's Republic of China known as the "Agreement 
between the Government of the United States of America and 
the Government of the People's Republic of China on Cooperation 
in Science and Technology", signed in Washington on January 31, 
1979, and its protocols. 
Deadline. 
(d) BIENNIAL REPORT TO CONGRESS.—(1) Not later than April 
1 of each even-numbered year, the Secretary of State shall submit 
to Congress a report on the implementation of the Agreement 
and on activities under the Agreement. Each such report shall 
be submitted in both classified and unclassified form, as necessary. 
(2) Each report under this subsection shall provide an evalua-
tion of the benefits of the Agreement to the economy, to the military, 
and to the industrial base of the People's Republic of China and 
shall include the following: 
(A) An accounting of all activities conducted under the 
Agreement since the previous report (or, in the case of the 
first report, since the Agreement was entered into) and a projec-
tion of activities to be undertaken under the Agreement during 
the next two years. 
(B) An estimate of the costs to the United States to admin-
ister the Agreement during the period covered by the report. 
(C) An assessment of how the Agreement has influenced 
the foreign and domestic policies of the People's Republic of 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2667 
China and the poHcy of the People's Republic of China toward 
scientific and technological cooperation with the United States. 
(D) An analysis by the Director of Central Intelligence 
of the involvement of military specialists, weapons specialists, 
and intelligence specialists of the People's Republic of China 
in the activities of the Joint Commission established under 
the Agreement and in other activities conducted under the 
Agreement. 
(E) A determination by the Secretary of Defense, developed 
with the assistance of the Director of Central Intelligence, 
of the extent to which the activities conducted under the Agree-
ment have enhanced the military and defense industrial base 
of the People's Republic of China, and an assessment of the 
effect that projected activities under the Agreement for the 
next two years, including the transfer of technology and know-
how, could have on the economic and military capabilities of 
the People's Republic of China. 
(F) An assessment by the Inspector General of the Depart-
ment of Commerce of— 
(i) the extent to which programs or activities carried 
out under the Agreement provide access to technology, 
information, or know-how that could enhance military 
capabilities of the People's Republic of China; and 
(ii) the extent to which those programs or activities 
are carried out in compliance with export control laws 
and regulations of the United States, especially those laws 
and regulations governing so-called "deemed exports". 
(G) Any recommendations of the Secretary of State, Sec-
retary of Defense, or Director of Central Intelligence for 
improving the monitoring of the activities of the Joint Commis-
sion established under the Agreement. 
(3) The Secretary of State shall prepare each report under 
this subsection in consultation with the Secretary of Defense, the 
Secretary of Energy, the Director of Central Intelligence, the 
Director of the Federal Bureau of Investigation, and the Director 
of the National Science Foundation. 
(e) INTERAGENCY WORKING GROUP.—The President shall estab-
lish an interagency working group to oversee the implementation 
of the Agreement by departments and agencies of the United States. 
The working group shall consist of representatives of such depart-
ments, agencies, and offices of the executive branch as the President 
considers appropriate. The working group shall perform the fol-
lowing functions: 
(1) Assisting the Secretary of State and other appropriate 
officials in setting standards under the Agreement for science 
and technology transfers between the United States and the 
People's Republic of China. 
(2) Monitoring ongoing programs and activities under the 
Agreement and recommending future programs and activities 
under the Agreement. 
(3) Developing a comprehensive database of all government-
to-government programs and United States Government-funded 
programs under the Agreement. 
(4) Coordinating activities under the Agreement between 
United States Government agencies, including elements of the 
intelligence community, as appropriate. 
116 STAT. 2668 
PUBLIC LAW 107-314—DEC. 2, 2002 
50 use 2369. 
Deadline. 
SEC. 1208. EXTENSION OF CERTAIN COUNTERPROLIFERATION ACTIVI-
TIES AND PROGRAMS. 
(a) EXTENSION OF INTERAGENCY COUNTERPROLIFERATION PRO-
GRAM REVIEW COMMITTEE.—Section 1605(f) of the National Defense 
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is 
amended by striking "September 30, 2004" and inserting "Sep-
tember 30, 2008". 
(b) LATER DEADLINE FOR SUBMISSION OF ANNUAL REPORT.— 
Subsection (a) of section 1503 of the National Defense Authorization 
Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended by 
striking "February 1 of each year" and inserting "May 1 each 
year". 
(c) 
ADDITIONAL 
MATTERS 
TO B E INCLUDED 
IN ANNUAL 
REPORT.—Subsection (b) of such section is amended by adding at 
the end the following new paragraph: 
"(8) A discussion of the limitations and impediments to 
the biological weapons counterproliferation 
efforts of the 
Department of Defense (including legal, policy, and resource 
constraints) and recommendations for the removal or mitigation 
of such impediments and for ways to make such efforts more 
effective.". 
(d) TECHNICAL AMENDMENT TO REFLECT CHANGE IN POSITION 
TITLE.—Section 1605(a)(4) of the National Defense Authorization 
Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by 
striking "Under Secretary of Defense for Acquisition and Tech-
nology" in the first sentence and inserting "Under Secretary of 
Defense for Acquisition, Technology, and Logisitics". 
SEC. 1209. SEMIANNUAL REPORT BY DIRECTOR OF CENTRAL INTEL-
LIGENCE ON CONTRIBUTIONS BY FOREIGN PERSONS TO 
EFFORTS BY COUNTRIES OF PROLIFERATION CONCERN 
TO OBTAIN WEAPONS OF MASS DESTRUCTION AND THEIR 
DELIVERY SYSTEMS. 
(a) CONTENT OF SEMIANNUAL REPORT.—^The Combatting Pro-
liferation of Weapons of Mass Destruction Act of 1996 (title VII 
of Public Law 104-293) is amended by inserting after section 721 
(50 U.S.C. 2366) the following new section: 
"SEC. 722. SEMIANNUAL REPORT ON CONTRIBUTIONS OF FOREIGN 
PERSONS TO WEAPONS OF MASS DESTRUCTION AND 
DELIVERY SYSTEMS EFFORTS OF COUNTRIES OF PRO-
LIFERATION CONCERN. 
"(a) REPORTS.—^The Director of Central Intelligence shall submit 
to Congress a semiannual report identifying each foreign person 
that, during the period covered by the report, made a material 
contribution to the research, development, production, or acquisition 
by a country of proliferation concern of— 
"(1) weapons of mass destruction 
(including 
nuclear 
weapons, chemical weapons, or biological weapons); or 
"(2) ballistic or cruise missile systems. 
"(b) PERIOD OF SEMIANNUAL REPORTS.—Semiannual reports 
under subsection (a) shall be submitted as follows: 
"(1) One semiannual report shall cover the first six months 
of the calendar year and shall be submitted not later than 
January 1 of the following year. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2669 
"(2) The other semiannual report shall cover the second Deadline. 
six months of the calendar year and shall be submitted not 
later than July 1 of the following year. 
"(c) FORM OF REPORTS.—(1) A report under subsection (a) may 
be submitted in classified form, in whole or in part, if the Director 
of Central Intelligence determines that submittal in that form is 
advisable. 
"(2) Any portion of a report under subsection (a) that is sub-
mitted in classified form shall be accompanied by an unclassified 
summary of such portion. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'foreign person' means any of the following: 
"(A) A natural person who is not a citizen of the 
United States. 
"(B) A corporation, business association, partnership, 
society, trust, or other nongovernmental entity, organiza-
tion, or group that is organized under the laws of a foreign 
country or has its principal place of business in a foreign 
country. 
"(C) Any foreign government or foreign governmental 
entity operating as a business enterprise or in any other 
capacity. 
"(D) Any successor, subunit, or subsidiary of any entity 
described in subparagraph (B) or (C). 
"(2) The term 'country of proliferation concern' means any 
country identified by the Director of Central Intelligence as 
having engaged in the acquisition of dual-use and other tech-
nology useful for the development or production of weapons 
of mass destruction (including nuclear weapons, chemical 
weapons, and biological weapons) or advanced conventional 
munitions— 
"(A) in the most recent report under section 721; or 
"(B) in any successor report on the acquisition by for-
eign countries of dual-use and other technology useful for 
the development or production of weapons of mass destruc-
tion.", 
(b) EFFECTIVE DATE.—Section 722 of the Combatting Prolifera-
tion of Weapons of Mass Destruction Act of 1996, as added by 
subsection (a), shall take effect with the report with respect to 
the first six months of 2003 required to be submitted under that 
section not later than January 1, 2004. 
SEC. 1210. REPORT ON FEASIBILITY AND ADVISABILITY OF SENIOR 
OFFICER EXCHANGES BETWEEN THE ARMED FORCES OF 
THE UNITED STATES AND THE MILITARY FORCES OF 
TAIWAN. 
(a) PRESIDENTIAL REPORT.—Not later than 180 days after the DeadUne. 
date of the enactment of this Act, the President shall submit to President. 
Congress a report on— 
(1) the feasibility and advisability of conducting combined 
operational training with, and exchanges of general and flag 
officers between, the Armed Forces of the United States and 
the military forces of Taiwan; and 
(2) the progress being made in meeting United States 
commitments to the security of Taiwan. 
50 use 2369 
note. 
116 STAT. 2670 
PUBLIC LAW 107-314—DEC. 2, 2002 
(b) CLASSIFICATION OF REPORT.—^The report required by this 
section shall be submitted in unclassified form and, as necessary, 
in classified form. 
SEC. 1211. REPORT ON UNITED STATES FORCE STRUCTURE IN THE 
PACIFIC. 
Deadline. 
(a) SECRETARY OF DEFENSE REPORT.—^Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the plans of the Department 
of Defense to maintain adequate United States force structure 
in the Pacific, including any efforts (1) to augment current basing 
arrangements, and (2) to implement the recommendations from 
the most recent Quadrennial Defense Review to improve United 
States military capabilities in the Pacific. 
(b) CLASSIFICATION OF REPORT.—^The report required by this 
section shall be submitted in unclassified form and, as necessary, 
in classified form. 
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
WITH 
STATES 
OF THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and fiinds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Prohibition against use of funds until submission of reports. 
Sec. 1304. Report on use of revenue generated by activities carried out under Coop-
erative Threat Reduction programs. 
Sec. 1305. Prohibition against use of funds for second wing of fissile material stor-
age facility. 
Sec. 1306. Limited waiver of restrictions on use of funds for threat reduction in 
states of the former Soviet Union. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
22 use 5952 
(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section 
iiote. 
301 and other provisions of this Act, Cooperative Threat Reduction 
programs are the programs specified in section 1501(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note). 
(b) FISCAL YEAR 2003 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—^As used in this title, the term "fiscal year 2003 Coopera-
tive Threat Reduction funds" means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
the authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs shall be available for obligation for 
three fiscal years. 
SEC. 1302. F U N D I N G ALLOCATIONS. 
(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $416,700,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2003 in section 301(23) for Cooperative Threat Reduction 
programs, the following amounts may be obligated for the purposes 
specified: 
(1) For strategic offensive arms elimination in Russia, 
$70,500,000. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2671 
(2) For strategic nuclear arms elimination in Ukraine, 
$6,500,000. 
(3) For nuclear weapons transportation security in Russia, 
$19,700,000. 
(4) For nuclear weapons storage security in Russia, 
$40,000,000. 
(5) For activities designated 
as Other Assessments/ 
Administrative Support, $14,700,000. 
(6) For defense and military contacts, $18,900,000. 
(7) For weapons of mass destruction infrastructure elimi-
nation activities in Kazakhstan, $9,000,000. 
(8) For weapons of mass destruction infrastructure elimi-
nation activities in Ukraine, $8,800,000. 
(9) 
For 
chemical 
weapons 
destruction 
in 
Russia, 
$50,000,000. 
(10) For biological weapons proliferation prevention in the 
former Soviet Union, $55,000,000. 
(11) For weapons of mass destruction proliferation preven-
tion in the States of the former Soviet Union, $40,000,000. 
(b) ADDITIONAL FUNDS AUTHORIZED FOR CERTAIN PURPOSES.— 
Of the funds authorized to be appropriated to the Department 
of Defense for fiscal year 2003 in section 301(23) for Cooperative 
Threat Reduction programs, $83,600,000 may be obligated for any 
of the purposes specified in paragraphs (1) through (4) and (9) 
of subsection (a) in addition to the amounts specifically authorized 
in such paragraphs. 
(c) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 
OTHER PURPOSES.—^No fiscal year 2003 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than 
a purpose listed in paragraphs (1) through (11) of subsection (a) 
until 30 days after the date that the Secretary of Defense submits 
to Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be obligated 
or expended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 2003 
Cooperative Threat Reduction funds for a purpose for which the 
obligation or expenditure of such funds is specifically prohibited 
under this title or any other provision of law. 
(d) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1) 
Subject to paragraphs (2) and (3), in any case in which the Secretary 
of Defense determines that it is necessary to do so in the national 
interest, the Secretary may obligate amounts appropriated for fiscal 
year 2003 for a purpose listed in any of the paragraphs in subsection 
(a) in excess of the specific amount authorized for that purpose. 
(2) An obligation of funds for a purpose stated in any of the 
paragraphs in subsection (a) in excess of the specific amount author-
ized for such purpose may be made using the authority provided 
in paragraph (1) only after— 
(A) the Secretary submits to Congress notification of the 
intent to do so together with a complete discussion of the 
justification for doing so; and 
(B) 15 days have elapsed following the date of the notifica-
tion. 
(3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts for a purpose stated in any of 
paragraphs (5) through (10) of subsection (a) in excess of 125 
percent of the specific amount authorized for such purpose. 
116 STAT. 2672 
PUBLIC LAW 107-314—DEC. 2, 2002 
(4) In this section, the term "specific amount authorized" means, 
with respect to a purpose Hsted in any paragraph in subsection 
(a)— 
(A) the amount specifically authorized for that purpose 
in subsection (a), plus 
(B) in the case of a purpose listed in paragraph (1), (2), 
(3), (4), or (9) of subsection (a), any amount obligated under 
subsection (b) for that purpose. 
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION 
OF REPORTS. 
Not more than 50 percent of fiscal year 2003 Cooperative Threat 
Reduction funds may be obligated or expended until 30 days after 
the date of the submission of— 
(1) the report required to be submitted in fiscal year 2002 
under section 1308(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law 
by Public Law 106-398; 114 Stat. 1654A-341); and 
(2) the update for the multiyear plan required to be sub-
mitted for fiscal year 2001 under section 1205 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 
103-337; 22 U.S.C. 5952 note). 
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES 
CARRIED OUT UNDER COOPERATIVE THREAT REDUC-
TION PROGRAMS. 
(a) ADDITIONAL REPORT REQUIREMENTS.—Section 1308(c) of the 
Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by PubHc Law 106-398; 114 Stat. 
22 use 5959. 
1654A-341) is amended by inserting at the end the following new 
paragraphs: 
"(6) To the maximum extent practicable, a description of 
how revenue generated by activities carried out under Coopera-
tive Threat Reduction programs in recipient States is being 
utilized, monitored, and accounted for. 
"(7) A description of the defense and military activities 
carried out under Cooperative Threat Reduction programs 
during the fiscal year ending in the year preceding the year 
of the report, including— 
"(A) the amounts obligated or expended for such activi-
ties; 
"(B) the purposes, goals, and objectives for which such 
amounts were obligated and expended; 
"(C) a description of the activities carried out, including 
the forms of assistance provided, and the justification for 
each form of assistance provided; 
"(D) the success of each activity, including the goals 
and objectives achieved for each; 
"(E) a description of participation by private sector 
entities in the United States in carrying out such activities, 
and the participation of any other Federal department 
or agency in such activities; and 
"(F) any other information that the Secretary considers 
relevant to provide a complete description of the operation 
and success of activities carried out under Cooperative 
Threat Reduction programs.". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2673 
(b) EFFECTIVE DATE.—Paragraphs (6) and (7) of section 1308(c) Appiicabmty. 
of such Act, as added by subsection (a), shall apply beginning 22USC5959 
with the report submitted under that section in 2004. 
2
2
*
U
S
C 5952 
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING note. 
OF FISSILE MATERIAL STORAGE FACILITY. 
No funds authorized to be appropriated for Cooperative Threat 
Reduction programs for any fiscal year may be used for the design, 
planning, or construction of a second wing for a storage facility 
for Russian fissile material. 
SEC. 1306. LIMITED WAIVER OF RESTRICTIONS ON USE OF FUNDS 
FOR THREAT REDUCTION IN STATES OF THE FORMER 
SOVIET UNION. 
(a) AUTHORITY TO WAIVE 
RESTRICTIONS AND ELIGIBILITY 22 use 5952 
REQUIREMENTS.—If the President submits the certification and note. 
report described in subsection (b) with respect to an independent 
state of the former Soviet Union for a fiscal year— 
(1) the restrictions in subsection (d) of section 1203 of 
the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952) 
shall cease to apply, and funds may be obligated and expended 
under that section for assistance, to that state during that 
fiscal year; and 
(2) funds may be obligated and expended during that fiscal 
year under section 502 of the FREEDOM Support Act (22 
U.S.C. 5852) for assistance or other programs and activities 
for that state even if that state has not met one or more 
of the requirements for eligibility under paragraphs (1) through 
(4) of that section. 
(b) CERTIFICATION AND REPORT.—(1) The certification 
and 
report referred to in subsection (a) are a written certification sub-
mitted by the President to Congress that the waiver of the restric-
tions and requirements described in paragraphs (1) and (2) of 
that subsection during such fiscal year is important to the national 
security interests of the United States, together with a report 
containing the following: 
(A) A description of the activity or activities that prevent 
the President from certifying that the state is committed to 
the matters set forth in the provisions of law specified in 
paragraphs (1) and (2) of subsection (a) in such fiscal year. 
(B) An explanation of why the waiver is important to 
the national security interests of the United States. 
(C) A description of the strategy, plan, or policy of the 
President for promoting the commitment of the state to, and 
compliance by the state with, such matters, notwithstanding 
the waiver. 
(2) The matter included in the report under paragraph (1) 
shall be submitted in unclassified form, but may include a classified 
annex. 
(c) FISCAL YEARS COVERED.—^The authority under subsection 
(a) shall apply only with respect to fiscal years 2003, 2004, and 
2005. 
(d) EXPIRATION OF AUTHORITY.—The authority under subsection 
(a) shall expire on September 30, 2005. 
(e) ADMINISTRATION OF RESTRICTIONS ON ASSISTANCE.—Sub-
section (d) of section 1203 of the Cooperative Threat Reduction 
Act of 1993 (title XII of Public Law 103-160; 107 Stat. 1778; 
22 U.S.C. 5952) is amended— 
116 STAT. 2674 
PUBLIC LAW 107-314—DEC. 2, 2002 
(1) by striking "any year" and inserting "any fiscal year"; 
(2) by striking "that year" and inserting "such fiscal year". 
TITLE XIV—HOMELAND SECURITY 
and 
Sec. 1401. Transfer of technology items and eqiiipment in support of homeland se-
curity. 
Sec. 1402. Comprehensive plan for improving the preparedness of military installa-
tions for terrorist incidents. 
Sec. 1403. Additional Weapons of Mass Destruction Civil Support Teams. 
Sec. 1404. Report on the role of the Department of Defense in supporting homeland 
security. 
Sec. 1405. Sense of Congress on Department of Defense assistance to local first re-
sponders. 
50 u s e 2312 
SEC. 1401. TRANSFER OF TECHNOLOGY ITEMS AND EQUIPMENT IN 
note. 
SUPPORT OF HOMELAND SECURITY. 
(a) RESPONSIBLE SENIOR OFFICIAL.—The Secretary of Defense 
shall designate a senior official of the Department of Defense to 
coordinate all Department of Defense efforts to identify, evaluate, 
deploy, and transfer to Federal, State, and local first responders 
technology items and equipment in support of homeland security. 
(b) DUTIES.—^The official designated pursuant to subsection (a) 
shall— 
(1) identify technology items and equipment developed or 
being developed by Department of Defense components that 
have the potential to enhance public safety and improve home-
land security; 
(2) cooperate with appropriate Federal Government officials 
outside the Department of Defense to evaluate whether such 
technology items and equipment would be useful to first 
responders; 
(3) facilitate the timely transfer, through identification of 
appropriate private sector manufacturers, of appropriate tech-
nology items and equipment to Federal, State, and local first 
responders, in coordination with appropriate Federal Govern-
ment officials outside the Department of Defense; 
(4) identify and eliminate redundant and unnecessary 
research efforts within the Department of Defense with respect 
to technologies to be deployed to first responders; 
(5) expedite the advancement of high priority Department 
of Defense projects from research through implementation of 
initial manufacturing; and 
(6) participate in outreach programs established by appro-
priate Federal Government officials outside the Department 
of Defense to communicate with first responders and to facili-
tate awareness of available technology items and equipment 
to support responses to crises. 
(c) SUPPORT AGREEMENT.—The official designated pursuant to 
subsection (a) shall enter into an appropriate agreement with a 
nongovernment entity for such entity to assist the official designated 
under subsection (a) in carrying out that official's duties under 
this section. Any such agreement shall be entered into using 
competitive procedures in compliance with applicable requirements 
of law and regulation. 
Deadline. 
(d) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2675 
the congressional defense committees a report on the actions taken 
to carry out this section. The report shall include the following: 
(1) Identification of the senior official designated pursuant 
to subsection (a). 
(2) A summary of the actions taken or planned to be 
taken to implement subsection (b), including a schedule for 
planned actions. 
(3) An initial list of technology items and equipment identi-
fied pursuant to subsection (b)(1), together with a summary 
of any program schedule for the development, deployment, or 
transfer of such items and equipment. 
(4) A description of any agreement entered into pursuant 
to subsection (c). 
SEC. 1402. COMPREHENSIVE PLAN FOR IMPROVING THE PREPARED- 
10 USC 113 note. 
NESS OF MILITARY INSTALLATIONS FOR TERRORIST 
INCIDENTS. 
(a) COMPREHENSIVE PLAN.—The Secretary of Defense shall 
develop a comprehensive plan for improving the preparedness of 
military installations for preventing and responding to terrorist 
attacks, including attacks involving the use or threat of use of 
weapons of mass destruction. 
(b) PREPAREDNESS STRATEGY.—^The plan under subsection (a) 
shall include a preparedness strategy that includes each of the 
following: 
(1) Identification of long-term goals and objectives for 
improving the preparedness of military installations for pre-
venting and responding to terrorist attacks. 
(2) Identification of budget and other resource requirements 
necessary to achieve those goals and objectives. 
(3) Identification of factors beyond the control of the Sec-
retary that could impede the achievement of those goals and 
objectives. 
(4) A discussion of the extent to which local, regional, 
or national military response capabilities are to be developed, 
integrated, and used. 
(5) A discussion of how the Secretary will coordinate the 
capabilities referred to in paragraph (4) with local, regional, 
or national civilian and other military capabilities. 
(c) PERFORMANCE PLAN.—The plan under subsection (a) shall 
include a performance plan that includes each of the following: 
(1) A reasonable schedule, with milestones, for achieving 
the goals and objectives of the strategy under subsection (b). 
(2) Performance 
criteria 
for 
measuring progress 
in 
achieving those goals Eind objectives. 
(3) A description of the process, together with a discussion 
of the resources, necessary to achieve those goals and objectives. 
(4) A description of the process for evaluating results in 
achieving those goals and objectives. 
(d) SUBMITTAL TO CONGRESS.—The Secretary shall submit the 
comprehensive plan developed under subsection (a) to the Com-
mittee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives not later than 
180 days after the date of the enactment of this Act. 
(e) COMPTROLLER GENERAL REVIEW AND REPORT.—^Not later Deadline, 
than 60 days after the date on which the Secretary submits the 
comprehensive plan under subsection (a), the Comptroller General 
116 STAT. 2676 
PUBLIC LAW 107-314—DEC. 2, 2002 
shall review the plan and submit to the committees referred to 
in subsection (d) the Comptroller General's assessment of the plan, 
(f) ANNUAL REPORT.—(1) In each of 2004, 2005, and 2006, 
the Secretary of Defense shall include a report on the comprehensive 
plan developed under subsection (a) with the materials that the 
Secretary submits to Congress in support of the budget submitted 
by the President that year pursuant to section 1105(a) of title 
31, United States Code. 
(2) Each such report shall include— 
(A) a discussion of any revision that the Secretary has 
made in the comprehensive plan developed under subsection 
(a) since the last report under this subsection or, in the case 
of the first such report, since the plan was submitted under 
subsection (d); and 
(B) an assessment of the progress made in achieving the 
goals and objectives of the strategy set forth in the plan. 
(3) If the Secretary includes in the report for 2004 or 2005 
under this subsection a declaration that the goals and objectives 
of the preparedness strategy set forth in the comprehensive plan 
have been achieved, no further report is required under this sub-
section. 
10 u s e 12310 
SEC. 1403. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUP-
note. 
PORT TEAMS. 
(a) ESTABLISHMENT OF ADDITIONAL TEAMS.—^The Secretary of 
Defense shall— 
(1) establish 23 additional teams designated as Weapons 
of Mass Destruction Civil Support Teams, for a total of 55 
such teams; and 
(2) ensure that of such 55 teams, there is at least one 
team established in each State and territory. 
(b) PLAN.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall submit to Congress a plan, 
in furtherance of subsection (a), for establishing at least one 
Weapons of Mass Destruction Civil Support Team in each State 
and territory that does not have such a team as of the date of 
the enactment of this Act. The plan shall include the following: 
(1) A schedule and budget for manning, training, and equip-
ping the new teams as rapidly as is possible without jeopard-
izing the attainment of full effectiveness by the new teams. 
(2) A discussion of whether the mission of the Weapons 
of Mass Destruction Civil Support Teams should be expanded 
and, if so, how. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "Weapons of Mass Destruction Civil Support 
Team" means a team of members of the reserve components 
of the Armed Forces that is established under section 12310(c) 
of title 10, United States Code, in support of emergency 
preparedness programs to prepare for or to respond to any 
emergency involving the use of a weapon of mass destruction. 
(2) The term "State and territory" means each of the several 
States, the District of Columbia, Puerto Rico, Guam, and the 
Virgin Islands. 
SEC. 1404. REPORT ON THE ROLE OF THE DEPARTMENT OF DEFENSE 
IN SUPPORTING HOMELAND SECURITY. 
DeadUne. 
(a) REPORT REQUIRED.—Not later than March 1, 2003, the 
Secretary of Defense shall submit to the congressional defense 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2677 
committees a report on Department of Defense responsibilities, 
mission, and plans for military support of homeland security. 
(b) CONTENTS OF REPORT.—The report shall include, at a min-
imum, a discussion of the following: 
(1) The Department of Defense definition of its homeland 
security mission, particularly with respect to how it relates 
to providing military support to civil authorities, managing 
the consequences of terrorist attacks, and homeland defense, 
and the actions the Department is taking to implement the 
homeland security mission as so defined. 
(2) Changes 
in the 
roles, missions, 
responsibilities, 
organization, and capabilities of the following organizations 
in order to conduct their homeland security support mission, 
and the reasons for such changes: 
(A) The Office of the Secretary of Defense. 
(B) The Army, Navy, Air Force, and Marine Corps. 
(C) The Army National Guard and the Air National 
Guard. 
(D) The combatant commands of the Department of 
Defense. 
(3) The relationship between the Department of Defense, 
including its combatant commands, and the following with 
regard to homeland security: 
(A) Other departments and agencies of the Federal 
Government. 
(B) State and local governments. 
(C) The National Guard and Reserve components. 
(4) The current capability of the Department of Defense 
to respond to terrorist attacks employing chemical, biological, 
radiological, nuclear, high explosive or cyberterrorism weapons 
against personnel and critical infrastructure of the Department, 
including identification of the goals of the Department for being 
fully capable of responding to such attacks, current deficiencies 
in that capability, the resources required to achieve that capa-
bility, and a long-term plan to reach that capability. 
(5) The roles, missions, and responsibilities of the intel-
ligence components of the IDepartment of Defense in support 
of its homeland security mission, including the policies and 
plans for— 
(A) collecting and analyzing information related to 
homeland security; 
(B) sharing that information with other agencies of 
the Federal Government; and 
(C) preparing threat and risk assessments and issuing 
warnings. 
(6) A discussion of plans of the Department of Defense 
for training, exercising, and preparing to perform its homeland 
security mission, including— 
(A) individual and collective training for civilian and 
military personnel of the Department involved in homeland 
security; 
(B) integrated training with other agencies of the Fed-
eral Government, and with State and local governments, 
as appropriate; 
(C) interagency exercises and simulations; and 
116 STAT. 2678 
PUBLIC LAW 107-314—DEC. 2, 2002 
(D) the development of a permanent "terrorist opposing 
force" capable of challenging the Department's plans, poli-
cies, and capabilities during training events and exercises. 
(7) A discussion of how the Department of Defense 
biological defense research program supports its homeland secu-
rity mission. 
(8) A discussion of the efforts by the Department of Defense 
to develop, either within the Department or through contracts 
with private entities, anticyberterrorism technology, including 
an assessment of whether and how such efforts should be 
increased. 
(9) An assessment of the need for and feasibility of devel-
oping and fielding Department of Defense regional chemical-
biological incident response teams across the United States, 
including options for providing the resources and personnel 
necessary for developing and fielding any such teams. 
(10) A discussion of the Department of Defense plans and 
efforts to place new emphasis on the unique operational 
demands associated with homeland security while ensuring 
that defense of the United States remains the primary mission 
of the Department of Defense. 
(11) The resource constraints and legal impediments to 
implementing any of the activities discussed under paragraphs 
(1) through (10). 
SEC. 1405. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ASSIST-
ANCE TO LOCAL FIRST RESPONDERS. 
It is the sense of Congress that the Secretary of Defense should, 
to the extent the Secretary considers appropriate and feasible, 
provide assistance, in accordance with otherwise applicable provi-
sions of law, to entities that are local first responders for domestic 
terrorist incidents in order to assist those entities in improving 
their capabilities to respond to such incidents. 
TITLE XV—AUTHORIZATION OF APPRO-
PRIATIONS FOR THE WAR ON TER-
RORISM 
Sec. 1501. Authorization of appropriations for continued operations for the war on 
terrorism. 
Sec. 1502. Mobilization and personnel. 
Sec. 1503. Operations. 
Sec. 1504. Equipment replacement and enhancement. 
Sec. 1505. Classified activities. 
Sec. 1506. Procurement of munitions. 
Sec. 1507. Discretionary restoration of authorizations of appropriations reduced for 
management efficiencies. 
Sec. 1508. General provisions applicable to transfers. 
SEC. 1501. AUTHORIZATION OF APPROPRIATIONS FOR CONTINUED 
OPERATIONS FOR THE WAR ON TERRORISM. 
In addition to any other amounts authorized to be appropriated 
by this Act, there is hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2003, subject to subsection 
(b), $10,000,000,000 only for the conduct of Operation Noble Eagle 
and Operation Enduring Freedom in continuation of the war on 
terrorism in accordance with the purposes stated in section 2(a) 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2679 
of the Authorization for Use of Military Force (Public Law 107-
40; 50 U.S.C. 1541 note). 
SEC. 1502. MOBILIZATION AND PERSONNEL. 
Of the amount authorized to be appropriated in section 1501, 
$2,550,000,000 shall be available only for transfer (subject to sec-
tions 1507 and 1508) to fiscal year 2003 military personnel accounts 
of the Department of Defense for the purpose of providing for 
the personnel and personnel support costs of the members of the 
Armed Forces who are participating in Operation Noble Eagle or 
Operation Enduring Freedom in continuation of the war on ter-
rorism in accordance with the purposes referred to in section 
1501(a). 
SEC. 1503. OPERATIONS. 
Of the amount authorized to be appropriated in section 1501, 
$4,270,000,000 shall be available only for transfer (subject to sec-
tions 1507 and 1508) to fiscal year 2003 operation and maintenance 
accounts and working-capital funds of the Department of Defense 
for operating costs of the conduct of Operation Noble Eagle and 
Operation Enduring Freedom in continuation of the war on ter-
rorism in accordance with the purposes referred to in section 
1501(a). 
SEC. 1504. EQUIPMENT REPLACEMENT AND ENHANCEMENT. 
Of the amount authorized to be appropriated in section 1501, 
$1,000,000,000 shall be available only for transfer (subject to sec-
tions 1507 and 1508) to fiscal year 2003 procurement and research, 
development, test, and evaluation accounts of the Department of 
Defense for— 
(1) emergency replacement of equipment and munitions 
lost or expended in operations conducted as part of Operation 
Noble Eagle or Operation Enduring Freedom in continuation 
of the war on terrorism in accordance with the purposes 
referred to in section 1501(a); or 
(2) enhancement of critical military capabilities necessary 
to carry out operations as part of those Operations in continu-
ation of the war on terrorism in accordance with those purposes. 
SEC. 1505. CLASSIFIED ACTIVITIES. 
Of the amount authorized to be appropriated in section 1501, 
$1,980,000,000 shall be available only for unspecified intelligence 
and classified activities carried out in support of Operation Noble 
Eagle or Operation Enduring Freedom in continuation of the war 
on terrorism in accordance with the purposes referred to in section 
1501(a), and only by transfer (subject to sections 1507 and 1508) 
to fiscal year 2003 accounts of the Department of Defense in 
amounts as follows: 
(1) To procurement accounts, $1,618,200,000. 
(2) To operation and maintenance accounts, $301,600,000. 
(3) To research, development, test, and evaluation accounts, 
$60,200,000. 
SEC. 1506. PROCUREMENT OF MUNITIONS. 
Of the amount authorized to be appropriated in section 1501, 
$200,000,000 shall be available only for the procurement of muni-
tions for the support of Operation Noble Eagle or Operation 
Enduring Freedom in continuation of the war on terrorism in 
116 STAT. 2680 
PUBLIC LAW 107-314—DEC. 2, 2002 
accordance with the purposes referred to in section 1501(a), and 
only by transfer (subject to sections 1507 and 1508) to fiscal year 
2003 procurement accounts of the Department of Defense in 
amounts as follows: 
(1) To accounts of the Army for the procurement of ammuni-
tion $94,000,000. 
(2) To accounts of the Navy for the procurement of weapons, 
$35,000,000. 
(3) To accounts of the Navy and Marine Corps for the 
procurement of ammunition, $25,000,000. 
(4) To accounts of the Air Force for the procurement of 
ammunition, $40,000,000. 
(5) To Defense-wide procurement accounts for special oper-
ations forces, $6,000,000. 
SEC. 1507. DISCRETIONARY RESTORATION OF AUTHORIZATIONS OF 
APPROPRIATIONS REDUCED FOR MANAGEMENT EFFI-
CIENCIES. 
(a) TRANSFER AUTHORITY.—(1) The Secretary of Defense may, 
subject to section 1508, transfer up to a total of $1,000,000,000 
of the amount authorized to be appropriated by section 1501 to 
Department of Defense accounts under titles I, II, and III that 
are reduced for savings described in paragraph (2) if and to the 
extent that the Secretary determines that such savings are not 
achievable. 
(2) The savings referred to in paragraph (1) are savings that 
are to be achieved from— 
(A) improved management of Department of Defense con-
tracts for the procurement of services; and 
(B) the deferral of expenditures on financial management 
systems. 
(b) RELATIONSHIP TO OTHER TITLE XV TRANSFER AUTHORI-
TIES.—^The total amount transferred under sections 1502 through 
1506 and under section 1507 may not exceed the total amount 
authorized to be appropriated by section 1501. 
SEC. 1508. GENERAL PROVISIONS APPUCABLE TO TRANSFERS. 
(a) MERGER OF TRANSFERRED AMOUNTS.—^Amounts transferred 
pursuant to this title shall be merged with, and shall be available 
for the same purposes and the same period as, the account to 
which transferred. 
(b) 
CONGRESSIONAL 
NOTICE-AND-WAIT 
REQUIREMENT.—A 
transfer may not be made under section 1502, 1503, 1504, 1505, 
1506, or 1507 until the Secretary of Defense has submitted a 
notice in writing to the congressional defense committees of the 
proposed transfer and a period of 15 days has elapsed after the 
date such notice is received. Any such notice shall include specifica-
tion of the amount of the proposed transfer, the account to which 
the transfer is to be made, and the purpose of the transfer. 
(c) 
RELATIONSHIP 
TO 
OTHER 
TRANSFER 
AUTHORITY.—^The 
transfer authorities provided in this title are in addition to any 
other transfer authority available to the Secretary of Defense under 
any provision of any other title of this Act or under any other 
provision of law. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2681 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the "MiHtary Construction 
Authorization Act for Fiscal Year 2003". 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 2003. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations. Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2002 projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2001 project. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Army: Inside the United States 
State 
Alabama 
Arizona 
California 
Colorado 
District of Columbia 
Georgia 
Hawaii 
Louisiana 
Maryland 
Massachusetts 
Missouri 
New Jersey 
New York 
North Carolina 
Installation or location 
Anniston Army Depot 
Fort Rucker 
Redstone Arsenal 
Fort Greely 
Fort Richardson 
Fort Wainwright 
Fort Huachuca 
Yuma Proving Ground 
Fort Irwin 
Fort Carson 
Walter Reed Army Medical Cen-
ter 
Fort Benning 
Fort Stewart/Hunter Army Air 
Field 
Schofield Barracks 
Fort Leavenworth 
Fort Riley 
Blue Grass Army Depot 
Fort Campbell 
Fort Knox 
Fort Polk 
Fort Detrick 
Natick Research, Development, 
and Engineering Center 
Fort Leonard Wood 
Picatinny Arsenal 
Fort Drum 
United States Military Academy, 
West Point 
Amount 
$1,900,000 
$15,808,000 
$1,950,000 
$2,700,000 
$20,011,000 
$139,906,000 
$10,400,000 
$4,500,000 
$2,522,000 
$9,698,000 
$13,794,000 
$86,250,000 
$26,000,000 
$191,000,000 
$7,979,000 
$81,095,000 
$5,500,000 
$106,300,000 
$5,873,000 
$37,620,000 
$22,500,000 
$4,100,000 
$24,993,000 
$7,500,000 
$18,300,000 
$4,991,000 
$99,632,000 
116 STAT. 2682 
PUBLIC LAW 107-314—DEC. 2, 2002 
Army: Inside the United States—Continued 
State 
Oklahoma 
Pennsylvania 
South Carolina 
Texas 
Virginia 
Washington 
Installation or location 
Fort Sill 
Letterkenny Army Depot 
Fort Jackson 
Fort Bliss 
Fort Hood 
Fort Eustis 
Fort Lee 
Fort Lewis 
Yakima Training Center 
Total 
Amount 
$39,652,000 
$1,550,000 
$3,051,000 
$5,200,000 
$83,061,000 
$4,133,000 
$7,103,000 
$56,195,000 
$3,000,000 
$1,155,767,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out miUtary construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Army: Outside the United States 
Country 
Installation or location 
Amount 
Belgium .. 
Germany 
Italy .. 
Korea 
Qatar 
Supreme 
Headquarters, 
Allied 
Powers Europe 
Area Support Group, Bamberg 
Campbell Barracks 
Coleman Barracks 
Darmstadt 
Grafenwoehr 
Landstuhl 
Mannheim 
Schweinfurt 
Vicenza 
Camp Carroll 
Camp Castle 
Camp Hovey 
Camp Humphreys 
Camp Henry 
Camp Tango 
K16 Airfield 
Qatar 
$13,600,000 
$17,200,000 
$8,300,000 
$1,350,000 
$3,500,000 
$69,866,000 
$2,400,000 
$42,000,000 
$2,000,000 
$34,700,000 
$20,000,000 
$6,800,000 
$25,000,000 
$36,000,000 
$10,200,000 
$12,600,000 
$40,000,000 
$8,600,000 
Total 
$354,116,000 
(c) UNSPECIFIED WORLDWIDE.—^Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2104(a)(3), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installation 
and location, and in the amount, set forth in the following table: 
Army: Unspecified Worldwide 
Location 
Unspecified Worldwide 
Installation 
Unspecified Worldwide 
Amount 
$4,000,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2683 
2104(a)(6)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations, for the purposes, and in the amounts 
set forth in the following table: 
Army: Family Housing 
State or Country 
Alaska 
Arizona 
Korea 
Installation or location 
Fort Wainwright 
Yiima Proving Ground .... 
Yongsan 
Total: 
Purpose 
38 Units 
33 Units 
10 Units 
Amount 
$17,752,000 
$6,100,000 
$3,100,000 
$26,952,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2104(a)(6)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $15,653,000. 
SEC, 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(6)(A), the Secretary of the Army may 
improve existing military family housing units in an amount not 
to exceed $239,751,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2002, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $3,104,176,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $949,567,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $354,116,000. 
(3) For military construction projects at unspecified world-
wide locations authorized by section 2101(c), $4,000,000. 
(4) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $21,550,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$160,313,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $282,356,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $1,117,274,000. 
(7) For the construction of phase 2 of Saddle Access Road, 
Pohakoula Training Facility, Hawaii, authorized by section 
2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2001 (division B of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001, as enacted 
116 STAT. 2684 
PUBLIC LAW 107-314—DEC. 2, 2002 
into law by Public Law 106-398; 114 Stat. 1654A-389), 
$13,000,000. 
(8) For the construction of phase 3 of a barracks complex, 
Butner Road, at Fort Bragg, North Carolina, authorized by 
section 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 2001 (division B of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001, as enacted 
into law by Public Law 106-398; 114 Stat. 1654A-389), 
$50,000,000. 
(9) For the construction of phase 2 of a barracks complex, 
D Street, at Fort Richardson, Alaska, authorized by section 
2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 
1280), $21,000,000. 
(10) For the construction of phase 2 of a barracks complex, 
Nelson Boulevard, at Fort Carson, Colorado, authorized by 
section 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 2002 (division B of PubHc Law 107-107; 115 
Stat. 
1280), as amended by section 2105 of this Act, 
$42,000,000. 
(11) For the construction of phase 2 of a basic combat 
trainee complex at Fort Jackson, South Carolina, authorized 
by section 2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2002 (division B of Public Law 107-107; 
115 Stat. 1280), as amended by section 2105 of this Act, 
$39,000,000. 
(12) For the construction of phase 2 of a barracks complex, 
17th and B Streets, at Fort Lewis, Washington, authorized 
by section 2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2002 (division B of Public Law 107-107; 
115 Stat. 1280), $50,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1), (2), and (3) of subsection (a); 
(2) $18,000,000 (the balance of the amount authorized 
under section 2101(a) for construction of a barracks complex. 
Main Post, at Fort Benning, Georgia); 
(3) $100,000,000 (the balance of the amount authorized 
under section 2101(a) for construction of a barracks complex, 
Capron Avenue, at Schofield Barracks, Hawaii); 
(4) $13,200,000 (the balance of the amount authorized 
under section 2101(a) for construction of a combined arms 
collective training facility at Fort Riley, Kansas); 
(5) $50,000,000 (the balance of the amount authorized 
under section 2101(a) for construction of a barracks complex. 
Range Road, at Fort Campbell, Kentucky); and 
(6) $25,000,000 (the balance of the amount authorized 
under section 2101(a) for construction of a consolidated mainte-
nance complex at Fort Sill, Oklahoma). 
(c) ADJUSTMENTS.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (12) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by the following: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2685 
(1) $18,596,000, which represents savings resulting from 
adjustments to foreign currency exchange rates for military 
construction, military family housing construction, and military 
family housing support outside the United States. 
(2) $29,350,000, which represents savings resulting from 
adjustments in the accounting of civilian personnel benefits. 
(3) $16,740,000, which represents savings resulting from 
reductions in supervision, inspection, and overhead costs. 
(4) $18,000,000, which represents savings resulting from 
lower-than-expected inflation. 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2002 PROJECTS. 
(a) MODIFICATION.—The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B 
of Public Law 107-107; 115 Stat. 1281) is amended— 
(1) in the item relating to Fort Carson, Colorado, by striking 
"$66,000,000" 
in 
the 
amount 
column 
and 
inserting 
"$67,000,000"; and 
(2) in the item relating to Fort Jackson, South Carolina, 
by striking "$65,650,000" in the amount column and inserting 
"$68,650,000". 
(b) CONFORMING AMENDMENTS.—Section 2104(b) of that Act 
(115 Stat. 1284) is amended— 
(1) in paragraph (3), by striking "$41,000,000" and inserting 
"$42,000,000"; and 
(2) in paragraph (4), by striking "$36,000,000" and inserting 
"$39,000,000". 
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2001 PROJECT. 
The table in section 2101(b) of the Military Construction 
Authorization Act for Fiscal Year 2001 (division B of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001, 
as enacted into law by Public Law 106-398; 114 Stat. 1654A-
390) is amended by striking "Camp Page" in the installation or 
location column and inserting "Camp Stanley". 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2002 projects. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2204(a)(1), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
99-194 O - 03 - 9 : QL 3 Part 4 
116 STAT. 2686 
PUBLIC LAW 107-314—DEC. 2, 2002 
Navy: Inside the United States 
State 
Arizona 
California 
Connecticut 
Florida 
Georgia 
Hawaii 
Illinois 
Indiana 
Maine 
Maryland 
Mississippi 
New Jersey 
North Carolina 
Rhode Island 
South Carolina 
Texas 
Installation or location 
Marine Corps Air Station, Yuma 
Auxiliary Landing Field, San Diego 
(San Clemente Island) 
Marine 
Corps Air-Ground 
Combat 
Center, Twentynine Palms 
Marine Corps Air Station, Camp Pen-
dleton 
Marine Corps Air Station, Miramar ... 
Marine Corps Base, Camp Pendleton 
Marine Corps Logistics Base, Barstow 
Naval Air Station, Lemoore 
Naval Air Warfare 
Center, 
Point 
Mugu, San Nicholas Island 
Naval Air Warfare Center, 
China 
Lake 
Naval Construction Training Center, 
Naval Post Graduate School, Mon-
terey 
Naval Station, San Diego 
Naval Submarine Base, New London 
Marine Corps Barracks 
Naval District, Washington 
Naval Air Station, Jacksonville 
Naval Air Station, Pensacola 
Naval School Explosive Ordnance De-
tachment, Eglin 
Naval Station, Mayport 
Naval Surface Warfare Center Coast-
al Systems Station, Panama City .... 
Naval Submarine Base, Kings Bay 
Marine Corps Base 
Naval Shipyard, Pearl Harbor 
Naval Station, Pearl Harbor 
Naval Training Center, Great Lakes .. 
Naval Surface Warfare Center, Crane 
Naval Air Station, Brunswick 
Naval Shipyard, Kittery-Portsmouth .. 
Naval Air Facility, Andrews Air Force 
Naval 
Surface 
Warfare 
Center, 
Carderock Division 
United States Naval Academy 
Naval Air Station, Meridian 
Naval Construction Battalion Center, 
Gulfport 
Naval Station, Pascagoula 
Naval Air Warfare Center, Lakehurst 
Naval Weapons Station, Earle 
Marine Corps Air Station, 
Cherry 
Point. 
Marine Corps Air Station, New River 
Marine Corps Base, Camp Lejeune .... 
Naval Station, Newport 
Marine Corps Air Station, Beaufort .... 
Marine Corps Recruit Depot, Parris 
Naval Weapons Station, Charleston ... 
Naval Air Station, Corpus Christi 
Amount 
$3,000,000 
$6,150,000 
$39,470,000 
$11,930,000 
$12,210,000 
$84,040,000 
$4,450,000 
$35,855,000 
$6,760,000 
$10,100,000 
$10,170,000 
$9,020,000 
$12,210,000 
$7,880,000 
$3,700,000 
$2,690,000 
$13,342,000 
$990,000 
$6,350,000 
$1,900,000 
$10,700,000 
$1,580,000 
$9,500,000 
$18,500,000 
$34,090,000 
$83,190,000 
$11,610,000 
$9,830,000 
$15,200,000 
$9,680,000 
$12,900,000 
$1,800,000 
$2,850,000 
$5,460,000 
$25,305,000 
$5,200,000 
$5,600,000 
$6,040,000 
$6,920,000 
$9,570,000 
$15,900,000 
$13,700,000 
$10,490,000 
$5,740,000 
$7,150,000 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2687 
Navy: 
State 
Virginia 
Washington 
Various Locations 
Inside the United States—Continued 
Installation or location 
Naval Station, Ingleside 
Naval Air Station, Kingsville 
Marine Corps Combat Development 
Command, Quantico 
Naval Air Station Oceana 
Naval Amphibious Base, Little Creek 
Naval Shipyard, Norfolk, Portsmouth 
Naval Station, Norfolk 
Naval Support Activity, Norfolk 
Naval Surface Warfare Center, Dahl-
gren 
Naval Weapons Station, Yorktown 
Naval Air Station, Whidbey Island 
Naval Magazine, Indian Island 
Naval Station, Bremerton 
Naval Submarine Base, Bangor 
Naval 
Undersea 
Warfare 
Center, 
Kej^jort 
Puget Sound Naval Shipyard, Brem-
erton 
Strategic Weapons Facility, Bangor .... 
Host Nation Infrastructure 
Total 
Amount 
$5,000,000 
$6,210,000 
$24,864,000 
$16,490,000 
$9,770,000 
$36,470,000 
$168,965,000 
$2,260,000 
$15,830,000 
$15,020,000 
$17,580,000 
$4,030,000 
$45,870,000 
$22,310,000 
$7,500,000 
$57,132,000 
$7,340,000 
$1,000,000 
$1,084,363,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out miHtary construction projects for the locations outside 
the United States, and in the amounts, set forth in the following 
table: 
Navy: Outside the United States 
Country 
Bahrain 
Cuba 
Diego Garcia 
Guam 
Italy 
Spain 
Installation or location 
Naval Support Activity, Bahrain 
Naval Station, Guantanamo Bay 
Diego Garcia, Naval Support Facility ... 
Naval Support Activity, Joint Head-
quarters Command, Larissa 
Commander, 
United 
States 
Naval 
Forces, Guam 
Naval Air Station, Keflavik 
Naval Air Station, Sigonella 
Naval Station, Rota 
Total 
Amount 
$25,970,000 
$4,280,000 
$11,090,000 
$6,800,000 
$13,400,000 
$14,920,000 
$55,660,000 
$18,700,000 
$150,820,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations, for the purposes, and in the amounts 
set forth in the following table: 
116 STAT. 2688 
PUBLIC LAW 107-314—DEC. 2, 2002 
Navy: Family Housing 
State or Country 
California 
Connecticut 
Florida 
Hawaii 
Maine 
Mississippi 
North Carolina 
United Kingdom 
Installation or location 
Naval Air Station, 
Lemoore 
Twentynine Palms 
Naval Submarine Base, 
New London 
Naval Station, Mayport .. 
Marine Corps Base, 
Kaneohe Bay 
Naval Air Station, 
Naval Air Station, Merid-
ian 
Marine Corps Base, 
Camp Lejeune 
Marine Corps Base, 
Joint Maritime Facility, 
St. Mawgan 
Purpose 
178 Units .... 
76 Units 
100 Units .... 
1 Unit 
65 Units ,. 
22 Units 
56 Units 
317 Units .... 
290 Units .... 
62 Units ,. ,, 
Total 
Amount 
$40,981,000 
$19,425,000 
$24,415,000 
$329,000 
$24,797,000 
$5,000,000 
$9,755,000 
$43,650,000 
$41,843,000 
$18,524,000 
$228,719,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to 
the 
authorization 
of appropriation 
in 
section 
2204(a)(5)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of miUtary family 
housing units in an amount not to exceed $11,281,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $139,468,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2002, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$2,576,381,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $1,025,598,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $148,250,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $26,187,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$95,570,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $379,468,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $867,788,000. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2689 
(6) For replacement of a pier at Naval Station, Norfolk, 
Virginia, authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2002 (division B of Public 
Law 107-107; 115 Stat. 1287), as amended by section 2205 
of this Act, $33,520,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $10,645,000 (the balance of the amount authorized 
under section 2201(a) for a bachelors enlisted quarters ship-
board ashore, Naval Station, Pascagoula, Mississippi); 
(3) $48,120,000 (the balance of the amount authorized 
under section 2201(a) for a bachelors enlisted quarters ship-
board ashore, Naval Station, Norfolk, Virginia); and 
(4) $2,570,000 (the balance of the amount authorized under 
section 2201(b) for a quality of life support facility. Naval 
Air Station Sigonella, Italy). 
(c) ADJUSTMENTS.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (6) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by the following: 
(1) $3,992,000, which represents savings resulting from 
adjustments to foreign currency exchange rates for military 
construction, military family housing construction, and military 
family housing support outside the United States. 
(2) $10,470,000, which represents savings resulting from 
adjustments in the accounting of civilian personnel benefits, 
(3) $15,017,000, which represents savings resulting from 
reductions in supervision, inspection, and overhead costs. 
(4) $14,000,000, which represents savings resulting from 
lower-than-expected inflation. 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2002 PROJECTS. 
(a) MILITARY CONSTRUCTION PROJECT AT NAVAL STATION, NOR-
FOLK, VIRGINIA.—The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B 
of Pubhc Law 107-107; 115 Stat. 1286) is amended— 
(1) in the item relating to Naval Station, Norfolk, Virginia, 
by striking "$139,270,000" in the amount column and inserting 
"$139,550,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$1,059,030,000". 
(b) MILITARY FAMILY HOUSING AT QUANTICO, VIRGINIA.—The 
table in section 2202(a) of that Act (115 Stat. 1288) is amended 
in the item relating to Marine Corps Combat Development Com-
mand, Quantico, Virginia, by striking "60 Units" in the purpose 
column and inserting "39 Units". 
(c) CONFORMING AMENDMENT.—Section 2204(b)(2) of that Act 
(115 Stat. 1289) is amended by striking "$33,240,000" and inserting 
"$33,520,000". 
116 STAT. 2690 
PUBLIC LAW 107-314—DEC. 2, 2002 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Authority for use of military construction funds for construction of public 
road near Aviano Air Base, Italy, to replace road closed for force protec-
tion purposes. 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(a)(1), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Inside the United States 
State 
Installation or location 
Amount 
Alaska 
Arizona 
Arkansas 
California 
Colorado 
District of Columbia 
Florida 
Georgia 
Hawaii 
Kansas 
Louisiana 
Maryland 
Massachusetts 
Mississippi 
Nebraska 
Nevada 
New Jersey 
New Mexico 
North Carolina 
North Dakota 
Ohio 
Oklahoma 
South Carolina 
South Dakota 
Texas 
Clear Air Station 
Eielson Air Force Base 
Davis-Monthan Air Force Base 
Luke Air Force Base 
Little Rock Air Force Base 
Beale Air Force Base 
Travis Air Force Base 
Vandenberg Air Force Base 
Buckley Air National Guard Base 
Peterson Air Force Base 
Schriever Air Force Base 
United States Air Force Academy 
Boiling Air Force Base 
Avon Park Air Force Range 
Elgin Air Force Base 
Hurlburt Field 
MacDill Air Force Base 
Robins Air Force Base 
Hickam Air Force Base 
McConnell Air Force Base 
Barksdale Air Force Base 
Andrews Air Force Base 
Hanscom Air Force Base 
Keesler Air Force Base 
Offutt Air Force Base 
Nellis Air Force Base 
McGuire Air Force Base 
Cannon Air Force Base 
HoUoman Air Force Base 
Kirtland Air Force Base 
Pope Air Force Base 
Minot Air Force Base 
Wright-Patterson Air Force Base .. 
Altus Air Force Base 
Vance Air Force Base 
Shaw Air Force Base 
Ellsworth Air Force Base 
Goodfellow Air Force Base 
Lackland Air Force Base 
Lackland Air Force Base (Camp 
BuUis) 
$14,400,000 
$41,100,000 
$19,270,000 
$13,000,000 
$25,600,000 
$11,740,000 
$33,469,000 
$10,500,000 
$17,700,000 
$5,500,000 
$5,700,000 
$4,200,000 
$5,000,000 
$2,000,000 
$4,250,000 
$15,000,000 
$20,000,000 
$29,400,000 
$1,350,000 
$7,500,000 
$22,900,000 
$9,600,000 
$7,700,000 
$22,000,000 
$11,000,000 
$56,850,000 
$29,831,000 
$4,650,000 
$4,650,000 
$21,900,000 
$9,700,000 
$5,000,000 
$25,000,000 
$14,800,000 
$4,800,000 
$6,800,000 
$13,200,000 
$10,600,000 
$37,300,000 
$10,000,000 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2691 
Air Force: Inside the United States—Continued 
State 
Utah 
Virginia 
Installation or location 
Laughlin Air Force Base 
Sheppard Air Force Base 
Hill Air Force Base 
Langley Air Force Base 
Total 
Amount 
$8,000,000 
$16,000,000 
$14,500,000 
$70,940,000 
$724,400,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2304(a)(2), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Outside tlie United States 
Country 
Diego Garcia 
Germany 
Italy 
Spain 
Wake Island 
Installation or location 
Diego Garcia 
Ramstein Air Force Base 
Andersen Air Force Base 
Aviano Air Force Base 
Kadena Air Force Base 
Osan Air Base 
Incirlik Air Force Base 
Royal Air Force, Fairford 
Royal Air Force, Lakenheath 
Wake Island 
Total 
Amount 
$17,100,000 
$71,783,000 
$31,000,000 
$6,600,000 
$6,000,000 
$15,100,000 
$31,818,000 
$1,550,000 
$19,000,000 
$13,400,000 
$24,900,000 
$238,251,000 
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2304(a)(3), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the installation 
and location, and in the amount, set forth in the following table: 
Air Force: Unspecified Worldwide 
Location 
Installation 
Classified Location 
Total 
Amount 
$24,993,000 
$24,993,000 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2304(a)(6)(A), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition and sup-
porting facilities) at the installations, for the purposes, and in 
the amounts set forth in the following table: 
Air Force: Family Housing 
State or Country 
Arizona 
Installation or location 
Luke Air Force Base 
Purpose 
140 Units .... 
Amount 
$18,954,000 
116 STAT. 2692 
PUBLIC LAW 107-314—DEC. 2, 2002 
Air Force: Family Housing—Continued 
State or Country 
California 
Colorado 
Delaware 
Florida 
Hawaii 
Idaho 
Kansas 
Maryland 
Mississippi 
Montana 
New Mexico 
North Carolina 
North Dakota 
Oklahoma 
South Dakota 
Texas 
Germany 
Korea 
Installation or location 
Travis Air Force Base 
Peterson Air Force Base 
United States Air Force 
Academy 
Dover Air Force Base 
Eglin Air Force Base 
Eglin Air Force Base 
MacDill Air Force Base .. 
Hickam Air Force Base .. 
Mountain Home Air 
McConnell Air Force 
Andrews Air Force Base 
Andrews Air Force Base 
Columbus Air Force Base 
Keesler Air Force Base ... 
Whiteman Air Force 
Base 
Malmstrom Air Force 
Base 
HoUoman Air Force Base 
Pope Air Force Base 
Seymour Johnson Air 
Force Base 
Grand Forks Air Force 
Base 
Minot Air Force Base 
Minot Air Force Base 
Vance Air Force Base 
Ellsworth Air Force Base 
Ellsworth Air Force Base 
Dyess Air Force Base 
Randolph Air Force Base 
Randolph Air Force Base 
Langley Air Force Base .. 
Ramstein Air Force Base 
Osan Air Base 
Osan Air Base 
Purpose 
110 Units .... 
2 Units 
71 Units 
112 Units .... 
Housing Of-
fice. 
134 Units .... 
96 Units 
96 Units 
95 Units 
Housing 
Mainte-
nance Fa-
cility 
53 Units 
52 Units 
Housing Of-
fice. 
117 Units .... 
97 Units 
18 Units 
101 Units .... 
Housing 
Mainte-
nance Fa-
cility 
126 Units .... 
150 Units .... 
112 Units .... 
102 Units .... 
59 Units 
Housing 
Mainte-
nance Fa-
cility 
22 Units 
85 Units 
Housing 
Mainte-
nance Fa-
cility 
112 Units .... 
Housing Of-
fice 
19 Units 
113 Units .... 
Housing 
Supply 
Warehouse 
Amount 
$24,320,000 
$959,000 
$12,424,000 
$19,615,000 
$597,000 
$15,906,000 
$18,086,000 
$29,050,000 
$24,392,000 
$1,514,000 
$9,838,000 
$8,807,000 
$412,000 
$16,505,000 
$17,107,000 
$4,717,000 
$20,161,000 
$991,000 
$18,615,000 
$30,140,000 
$21,428,000 
$20,315,000 
$11,423,000 
$447,000 
$4,794,000 
$14,824,000 
$447,000 
$14,311,000 
$1,193,000 
$8,534,000 
$35,705,000 
$834,000 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2693 
Air Force: Family Housing—Continued 
State or Country 
United Kingdom 
Installation or location 
Royal Air Force, 
Lakenheath 
Total 
Purpose 
Housing Of-
fice and 
Mainte-
nance Fa-
cility 
Amount 
$2,203,000 
$429,568,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2304(a)(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of military family 
housing units in an amount not to exceed $34,188,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, Unites States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(6)(A), the Secretary of the Air Force 
may improve existing military family housing units in an amount 
not to exceed $226,068,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2002, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount 
of $2,633,738,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $717,300,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $238,251,000. 
(3) For military construction projects at unspecified world-
wide locations authorized by section 2301(c), $24,993,000. 
(4) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $11,500,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$82,820,000. 
(6) For military housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $689,824,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $869,050,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2301 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1), (2) and (3) of subsection (a); and 
116 STAT. 2694 
PUBLIC LAW 107-314—DEC. 2, 2002 
(2) $7,100,000 (the balance of the amount authorized under 
section 2301(a) for construction of a consoUdated base engineer 
complex at Altus Air Force Base, Oklahoma). 
(c) ADJUSTMENTS.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (6) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by the following: 
(1) $19,063,000, which represents savings resulting from 
adjustments to foreign currency exchange rates for military 
construction, military family housing construction, and military 
family housing support outside the United States. 
(2) $15,306,000, which represents savings resulting from 
reductions in supervision, inspection, and overhead costs. 
(3) $16,000,000, which represents savings resulting from 
lower-than-expected inflation. 
SEC. 2305. AUTHORITY FOR USE OF MILITARY CONSTRUCTION FUNDS 
FOR CONSTRUCTION OF PUBLIC ROAD NEAR AVIANO AIR 
BASE, ITALY, TO REPLACE ROAD CLOSED FOR FORCE 
PROTECTION PURPOSES. 
(a) AUTHORITY TO USE FUNDS.—Using amounts authorized to 
be appropriated by section 2304(a)(2), the Secretary of the Air 
Force may carry out a project to provide a public road, and associ-
ated improvements, to replace a public road adjacent to Aviano 
Air Base, Italy, that has been closed for force protection purposes. 
(b) SCOPE OF AUTHORITY.—(1) The authority of the Secretary 
to carry out the project referred to in subsection (a) shall include 
authority as follows: 
(A) To acquire property for the project for transfer to a 
host nation authority. 
(B) To provide funds to a host nation authority to acquire 
property for the project. 
(C) To make a contribution to a host nation authority 
for purposes of carrying out the project. 
(D) To provide vehicle and pedestrian access to landowners 
affected by the project. 
(2) The acquisition of property using the authority in subpara-
graph (A) or (B) of paragraph (1) may be made regardless of whether 
or not ownership of such property will vest in the United States. 
(c) INAPPLICABILITY OF CERTAIN REAL PROPERTY MANAGEMENT 
REQUIREMENT.—Section 2672(a)(1)(B) of title 10, United States 
Code, shall not apply with respect to any acquisition of interests 
in land for purposes of the project authorized by subsection (a). 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Improvements to military family housing units. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
Sec. 2405. Modification of authority to carry out certain fiscal year 2000 project. 
Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project. 
Sec. 2407. Modification of authority to carry out certain fiscal year 1997 project. 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND A C Q U I S I T I O N PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in section 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2695 
2404(a)(1), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Inside the United States 
Agency 
Chemical Demilitarization .. 
Defense Intelligence Agency 
Defense Logistics Agency .... 
Defense Threat Reduction 
Agency 
Department of Defense De-
pendents Schools 
Joint Chiefs of Staff 
Missile Defense Agency 
National Seciirity Agency .... 
Special Operations Com-
mand 
TRICARE Management Ac-
tivity 
Washington Headquarters 
Installation or location 
Pine Bluff, Arkansas 
Boiling Air Force Base, District of 
Columbia 
Defense Supply Center, Richmond, 
Virginia 
Naval Air Station, New Orleans, 
Travis Air Force Base, California 
Fort Belvoir, Virginia 
Fort Bragg, North Carolina 
Fort Jackson, South Carolina 
Marine 
Corps 
Base, 
Camp 
Lejeune, North Carolina 
Marine Corps Base, Quantico, Vir-
ginia 
United States Military Academy, 
West Point, New York 
Peterson Air Force Base, Colorado 
Kauai, Hawaii 
Fort Meade, Maryland 
Dam Neck, Virginia 
Fort Bragg, North Carolina 
Hurlburt Field, Florida 
Naval Amphibious Base, Little 
Creek, Virginia 
Stennis Space Center, Mississippi 
Elmendorf Air Force Base, Alaska 
Hickam Air Force Base, Hawaii ... 
District of Columbia 
Total 
Amount 
$18,937,000 
$111,958,000 
$5,500,000 
$9,500,000 
$16,000,000 
$76,388,000 
$2,036,000 
$2,506,000 
$12,138,000 
$1,418,000 
$4,347,000 
$25,000,000 
$23,400,000 
$4,484,000 
$3,900,000 
$30,800,000 
$11,100,000 
$14,300,000 
$5,000,000 
$10,400,000 
$2,700,000 
$2,500,000 
$394,312,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2404(a)(2), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Outside the United States 
Agency 
Defense Logistics Agency .... 
Installation or location 
Andersen Air Force Base, Guam .. 
Naval Forces Marianas Islands, 
Guam 
Naval Station, Rota, Spain 
Amount 
$17,586,000 
$6,000,000 
$23,400,000 
116 STAT. 2696 
PUBLIC LAW 107-314—DEC. 2, 2002 
Defense Agencies: Outside the United States—Continued 
Agency 
Department of Defense De-
pendents Schools 
TRICARE Management Ac-
Installation or location 
Royal Air Force, Fairford, United 
Kingdom 
Yokota Air Base, Japan 
Kaiserslautem, Germany 
Lajes Field, Azores, Portugal 
Supreme 
Headquarters, 
Allied 
Powers Europe, Belgium 
Spangdahlem Air Base, Germany 
Naval Support Activity, Naples, 
Italy 
Spangdahlem Air Base, Germany 
Total 
Amount 
$17,000,000 
$23,000,000 
$957,000 
$1,192,000 
$31,683,000 
$1,573,000 
$997,000 
$2,117,000 
$41,449,000 
$39,629,000 
$206,583,000 
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2404(a)(8)(A), the Secretary of Defense may 
improve existing military family housing units in an amount not 
to exceed $5,480,000. 
SEC. 2403. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(6), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 
10, United States Code, in the amount of $34,531,000. 
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2002, for 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments) in the total amount of $1,434,795,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $357,712,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $206,583,000. 
(3) For unspecified minor construction projects under sec-
tion 2805 of title 10, United States Code, $16,293,000. 
(4) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$10,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$45,532,000. 
(6) For energy conservation projects authorized by section 
2403, $34,531,000. 
(7) For base closure and realignment activities as author-
ized by 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), $565,138,000. 
(8) For military family housing functions: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2697 
(A) For improvement of military family housing and 
facilities, $5,480,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $42,432,000. 
(C) For credit to the Department of Defense Family 
Housing 
Improvement 
Fund 
established 
by 
section 
2883(a)(1) of title 10, United States Code, $2,000,000. 
(9) For payment of a claim against the Hospital Replace-
ment project at Elmendorf Air Force Base, Alaska, $10,400,000. 
(10) For the construction of phase 4 of an ammunition 
demilitarization facility at Pueblo Chemical Activity, Colorado, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public 
Law 104-201; 110 Stat. 2775), as amended by section 2406 
of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106-65; 113 Stat. 839) and 
section 2407 of this Act, $38,000,000. 
(11) For the construction of phase 5 of an ammunition 
demilitarization facility at Newport Army Depot, Indiana, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1999 (division B of Public 
Law 105-261; 112 Stat. 2193), as amended by section 2406 
of this Act, $61,494,000. 
(12) For the construction of phase 5 of an ammunition 
demilitarization facility at Aberdeen Proving Ground, Mary-
land, authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1999 (division B of Public 
Law 105-261; 112 Stat. 2193), as amended by section 2406 
of the Military Construction Authorization Act for Fiscal Year 
2002 (division B of Public Law 107-107; 115 Stat. 1299), 
$20,600,000. 
(13) For the construction of phase 3 of an ammunition 
demilitarization facility at Blue Grass Army Depot, Kentucky, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 2000 (division B of Public 
Law 106-65; 113 Stat. 835), as amended by section 2405 of 
the Military Construction Authorization Act for Fiscal Year 
2002 (division B of Public Law 107-107; 115 Stat. 1298) and 
section 2405 of this Act, $10,300,000. 
(14) For the construction of phase 3 of an ammunition 
demilitarization support facility at Blue Grass Army Depot, 
Kentucky, authorized by section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106-65; 113 Stat. 835), $8,300,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); and 
(2) $26,200,000 (the balance of the amount authorized 
under section 2401(a) for the construction of the Defense Threat 
Reduction Center, Fort Bel 
voir, Virginia). 
(c) ADJUSTMENTS.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (14) of subsection (a) 
116 STAT. 2698 
PUBLIC LAW 107-314—DEC. 2, 2002 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by the following: 
(1) $2,976,000, which represents savings resulting from 
adjustments to foreign currency exchange rates for military 
construction, military family housing construction, and military 
family housing support outside the United States. 
(2) $37,000, which represents savings resulting from adjust-
ments in the accounting of civilian personnel benefits. 
(3) $7,414,000, which represents savings resulting from 
reductions in supervision, inspection, and overhead costs. 
(4) $7,000,000, which represents savings resulting from 
lower-than-expected inflation. 
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2000 PROJECT. 
(a) MODIFICATION.—^The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B 
of Public Law 106-65; 113 Stat. 835), as amended by section 2405 
of the Military Construction Authorization Act for Fiscal Year 2002 
(division B of PubUc Law 107-107; 115 Stat. 1298), is further 
amended— 
(1) under the agency heading relating to Chemical Demili-
tarization, in the item relating to Blue Grass Army Depot, 
Kentucky, by striking "$254,030,000" in the amount column 
and inserting "$290,325,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$748,245,000". 
(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of the Mih-
tary Construction Authorization Act for Fiscal Year 2000 (113 Stat. 
839), as so amended, is further amended by striking "$231,230,000" 
and inserting "$267,525,000". 
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1999 PROJECT. 
(a) MODIFICATION.—^The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1999 (division B 
of Pubhc Law 105-261; 112 Stat. 2193), as amended by section 
2406 of the Military Construction Authorization Act for Fiscal Year 
2002 (division B of Pubhc Law 107-107; 115 Stat. 1299), is further 
amended— 
(1) under the agency heading relating to Chemical Demili-
tarization, in the item relating to Newport Army Depot, 
Indiana, by striking "$191,550,000" in the amount column and 
inserting "$293,853,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$829,919,000". 
(b) CONFORMING AMENDMENT.—Section 2404(b)(2) of the Mili-
tary Construction Authorization Act for Fiscal Year 1999 (112 Stat. 
2196) is amended by striking "$162,050,000" and 
inserting 
"$264,353,000". 
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1997 PROJECT. 
(a) MODIFICATION.—The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B 
of Public Law 104-201; 110 Stat. 2775), as amended by section 
2406 of the Military Construction Authorization Act for Fiscal Year 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2699 
2000 (division B of Public Law 106-65; 113 Stat. 839), is further 
amended— 
(1) under the agency heading relating to Chemical Demili-
tarization Program, in the item relating to Pueblo Chemical 
Activity, Colorado, by striking "$203,500,000" in the amount 
column and inserting "$261,000,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$607,454,000". 
(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of the Mili-
tary Construction Authorization Act for Fiscal Year 1997 (110 Stat. 
2779), as so amended, is further amended by striking "$203,500,000" 
and inserting "$261,000,000". 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2002, for 
contributions by the Secretary of Defense under section 2806 of 
title 10, United States Code, for the share of the United States 
of the cost of projects for the North Atlantic Treaty Organization 
Security Investment program authorized by section 2501, in the 
amount of $168,200,000. 
(b) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to subsection (a) is the amount specified in such 
subsection, reduced by $1,000,000, which represents 
savings 
resulting from lower-than-expected inflation. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) IN GENERAL.—There are authorized to be appropriated for 
fiscal years beginning after September 30, 2002, for the costs of 
acquisition, architectural and engineering services, and construction 
of facilities for the Guard and Reserve Forces, and for contributions 
116 STAT. 2700 
PUBLIC LAW 107-314—DEC. 2, 2002 
therefor, under chapter 1803 of title 10, United States Code 
(including the cost of acquisition of land for those facilities), the 
following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$237,236,000; and 
(B) for the Army Reserve, $99,399,000. 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $75,801,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$204,215,000; and 
(B) for the Air Force Reserve, $85,649,000. 
(b) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to subsection (a)(1)(A) is the amount specified 
in such subsection, reduced by $1,000,000, which represents savings 
resulting from lower-than-expected inflation. 
TITLE XXVII—EXPIRATION AND 
EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of certain fiscal year 2000 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1999 projects. 
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVI for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment 
program (and authorizations of appropriations therefor) shall expire 
on the later of— 
(1) October 1, 2005; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2006. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects, and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor) for which appropriated funds have 
been obligated before the later of— 
(l)October 1,2005; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2006 for military construction projects, land 
acquisition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2000 PROJECTS. 
(a) EXTENSION OF CERTAIN PROJECTS.—Notwithstanding section 
2701 of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106-65; 113 Stat. 841), authoriza-
tions set forth in the tables in subsection (b), as provided in section 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2701 
2302 or 2601 of that Act, shall remain in effect until October 
1, 2003, or the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2004, whichever is later, 
(b) TABLES.—^The tables referred to in subsection (a) are as 
follows: 
Air Force: Extension of 2000 Project Authorizations 
State 
Oklahoma 
Texas 
Installation or loca-
tion 
Tinker Air Force 
Base 
Lackland Air Force 
Base 
Project 
Replace Family 
Housing (41 
Units) 
Dormitory 
Amount 
$6,000,000 
$5,300,000 
Army National Guard: Extension of 2000 Project Authorization 
State 
Virginia 
Installation or loca-
tion 
Fort Pickett 
Project 
Multi-Purpose 
Range Com-
plex-Heavy .. 
Amount 
$13,500,000 
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1999 PROJECTS. 
(a) EXTENSION.—^Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1999 (division B 
of Public Law 105-261; 112 Stat. 2199), authorizations set forth 
in the table in subsection (b), as provided in section 2302 of that 
Act and extended by section 2702 of the Military Construction 
Authorization Act for Fiscal Year 2002 (division B of Public Law 
107-107; 115 Stat. 1301), shall remain in effect until October 1, 
2003, or the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2004, whichever is later. 
(b) TABLE.—^The table referred to in subsection (a) is as follows: 
Air Force: 
State 
Delaware 
Florida 
New Mexico 
Ohio 
E x t e n s i o n of 1999 Project Authorizations 
Installation or loca-
tion 
Dover Air Force Base 
Patrick Air Force 
Base 
Kirtland Air Force 
Base 
Wright-Patterson Air 
Force Base 
Project 
Replace Family 
Housing (55 
Units) 
Replace Family 
Housing (46 
Units) 
Replace Family 
Housing (37 
Units) 
Replace Family 
Housing (40 
Units) 
Amount 
$8,988,000 
$9,692,000 
$6,400,000 
$5,600,000 
116 STAT. 2702 
PUBLIC LAW 107-314—DEC. 2, 2002 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Lease of military family housing in Korea. 
Sec. 2802. Modification of alternative authority for acquisition and improvement of 
military housing. 
Sec. 2803. Pilot housing privatization authority for acquisition or construction of 
military unaccompanied housing. 
Sec. 2804. Repeal of sovu*ce requirements for family housing construction overseas. 
Sec. 2805. Availability of energy cost savings realized at military installations. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Agreements to limit encroachments and other constraints on military 
training, testing, and operations. 
Sec. 2812. Conveyance of surplus real property for natural resource conservation 
purposes. 
Sec. 2813. Modification of demonstration program on reduction in long-term facility 
maintenance costs. 
Sec. 2814. Expanded authority to transfer property at military installations to be 
closed to persons who construct or provide military family housing. 
Subtitle C—Land Conveyances 
PART I—^ARMY CONVEYANCES 
Sec. 2821. Transfer of jurisdiction, Fort McClellan, Alabama, to establish Mountain 
Longleaf National Wildlife Refuge. 
Sec. 2822. Land conveyances, lands in Alaska no longer required for National 
Guard purposes. 
Sec. 2823. Land conveyance. Sunflower Army Ammunition Plant, Kansas. 
Sec. 2824. Land conveyances, Bluegrass Army Depot, Richmond, Kentucky. 
Sec. 2825. Land conveyance. Fort Campbell, Kentucky. 
Sec. 2826. Land conveyance, Army Reserve Training Center, Buffalo, Minnesota. 
Sec. 2827. Land conveyance. Fort Monmouth, New Jersey. 
Sec. 2828. Land conveyance. Fort Bliss, Texas. 
Sec. 2829. Land conveyance, Fort Hood, Texas. 
Sec. 2830. Land conveyances, Engineer Proving Ground, Fort Belvoir, Virginia, 
PART II—^NAVY CONVEYANCES 
Sec. 2831. Land conveyance. Marine Corps Air Station, Miramar, San Diego, Cali-
fornia. 
Sec. 2832. Modification of authority for land transfer and conveyance, Naval Secu-
rity Group Activity, Winter Harbor, Maine. 
Sec. 2833. Land conveyance, Westover Air Reserve Base, Massachusetts. 
Sec. 2834. Land conveyance, Naval Station, Newport, Rhode Island. 
Sec. 2835. Land exchange and boundary adjustments. Marine Corps Base, 
Quantico, and Prince William Forest Park, Virginia. 
PART III—AIR FORCE CONVEYANCES 
Sec. 2841. Modification of land conveyance, Los Angeles Air Force Base, California. 
Sec. 2842. Land exchange, Buckley Air Force Base, Colorado. 
Sec. 2843. Land conveyances, Wendover Air Force Base Auxiliary Field, Nevada. 
Subtitle D—Other Matters 
Sec. 2851. Master plan for use of Navy Annex, Arlington, Virginia. 
Sec. 2852. Sale of excess treated water and wastewater treatment capacity. Marine 
Corps Base, Camp Lejeune, North Carolina. 
Sec. 2853. Conveyance of real property, Adak Naval Complex, Alaska, and related 
land conveyances. 
Sec. 2854. Special requirement for adding military installation to closure list. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. LEASE OF MIUTARY FAMILY HOUSING IN KOREA. 
(a) INCREASE IN NUMBER OF UNITS AUTHORIZED FOR LEASE 
AT CURRENT MAXIMUM AMOUNT.—Paragraph (3) of section 2828(e) 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2703 
of title 10, United States Code, is amended by striking "800 units" 
and inserting "1,175 units". 
(b) AUTHORITY TO LEASE ADDITIONAL NUMBER OF UNITS AT 
INCREASED MAXIMUM AMOUNT.—That section is further amended— 
(1) by redesignating paragraphs (4) and (5) as paragraphs 
(5) and (6), respectively; 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
"(4) In addition to the units of family housing referred to 
in paragraph (1) for which the maximum lease amount is $25,000 
per unit per year, the Secretary of the Army may lease not more 
than 2,400 units of family housing in Korea subject to a maximum 
lease amount of $35,000 per unit per year."; 
(3) in paragraph (5), as so redesignated, by striking "and 
(3)" and inserting "(3), and (4)"; and 
(4) in paragraph (6), as so redesignated, by striking 
"53,000" and inserting "55,775". 
SEC. 2802. MODIFICATION OF ALTERNATIVE AUTHORITY FOR ACQUISI-
TION AND IMPROVEMENT OF MILITARY HOUSING. 
(a) AUTHORIZED UTILITIES AND SERVICES.—Section 2872a(b) of 
title 10, United States Code, is amended by adding at the end 
the following new paragraphs: 
"(11) Firefighting and fire protection services. 
"(12) Police protection services.". 
(b) LEASING OF HOUSING.—(1) Section 2874 of such title is 
amended— 
(A) by redesignating subsection (b) as subsection (c); and 
(B) by striking subsection (a) and inserting the following 
new subsections: 
"(a) LEASE AUTHORIZED.—^The Secretary concerned may enter 
into contracts for the lease of housing units that the Secretary 
determines are suitable for use as military family housing or mili-
tary unaccompanied housing. 
"(b) USE OF LEASED UNITS.—^The Secretary concerned shall 
utilize housing units leased under this section as military family 
housing or military unaccompanied housing, as appropriate.". 
(2) The heading for such section is amended to read as follows: 
"§ 2874. Leasing of housing**. 
(3) The table of sections at the beginning of subchapter IV 
of chapter 169 of such title is amended by striking the item relating 
to section 2874 and inserting the following new item: 
"2874. Leasing of housing.". 
(c) REPEAL OF INTERIM LEASE AUTHORITY.—(1) Section 2879 
of such title is repealed. 
(2) The table of sections at the beginning of subchapter IV 
of chapter 169 of such title is amended by striking the item relating 
to section 2879. 
SEC. 2803. PILOT HOUSING PRIVATIZATION AUTHORITY FOR ACQUISI-
TION OR CONSTRUCTION OF MILITARY UNACCOMPANIED 
HOUSING. 
(a) IN GENERAL.—(1) Subchapter IV of chapter 169 of title 
10, United States Code, is amended by inserting after section 2881 
the following new section: 
116 STAT. 2704 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
"§ 2881a. Pilot projects for acquisition or construction of mili-
tary unaccompanied housing 
"(a) PILOT PROJECTS AUTHORIZED.—The Secretary of the Navy 
may carry out not more than three pilot projects under the authority 
of this section or another provision of this subchapter to use the 
private sector for the acquisition or construction of military 
unaccompanied housing in the United States, including any terri-
tory or possession of the United States. 
"(b) TREATMENT OF HOUSING; ASSIGNMENT OF MEMBERS.—The 
Secretary of the Navy may assign members of the armed forces 
without dependents to housing units acquired or constructed under 
the pilot projects, and such housing units shall be considered as 
quarters of the United States or a housing facility under the juris-
diction of the Secretary for purposes of section 403 of title 37. 
"(c) 
BASIC ALLOWANCE FOR HOUSING.—(1) 
The 
Secretary of 
Defense may prescribe and, under section 403(n) of title 37, pay 
for members of the armed forces without dependents in privatized 
housing acquired or constructed under the pilot projects higher 
rates of partial basic allowance for housing than the rates author-
ized under paragraph (2) of such section. 
"(2) The partial basic allowance for housing paid for a member 
at a higher rate under this subsection may be paid directly to 
the private sector source of the housing to whom the member 
is obligated to pay rent or other charge for residing in such housing 
if the private sector source credits the amount so paid against 
the amount owed by the member for the rent or other charge. 
"(d) FUNDING.—(1) The Secretary of the Navy shall use the 
Department of Defense Military Unaccompanied Housing Improve-
ment Fund to carry out activities under the pilot projects. 
"(2) Subject to 90 days prior notification to the appropriate 
committees of Congress, such additional amounts as the Secretary 
of Defense considers necessary may be transferred to the Depart-
ment of Defense Military Unaccompanied Housing Improvement 
Fund from amounts appropriated for construction of military 
unaccompanied housing in military construction accounts. The 
amounts so transferred shall be merged with and be available 
for the same purposes and for the same period of time as amounts 
appropriated directly to the Fund. 
"(e) REPORTS.—(1) The Secretary of the Navy shall transmit 
to the appropriate committees of Congress a report describing— 
"(A) each contract for the acquisition of military unaccom-
panied housing that the Secretary proposes to solicit under 
the pilot projects; 
"(B) each conveyance or lease proposed under section 2878 
of this title in furtherance of the pilot projects; and 
"(C) the proposed partial basic allowance for housing rates 
for each contract as they vary by grade of the member and 
how they compare to basic allowance for housing rates for 
other contracts written under the authority of the pilot pro-
grams. 
"(2) The report shall describe the proposed contract, conveyance, 
or lease and the intended method of participation of the United 
States in the contract, conveyance, or lease and provide a justifica-
tion of such method of participation. The report shall be submitted 
not later than 90 days before the date on which the Secretary 
issues the contract solicitation or offers the conveyance or lease. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2705 
"(f) EXPIRATION.—Notwithstanding section 2885 of this title, 
the authority of the Secretary of the Navy to enter into a contract 
under the pilot programs shall expire September 30, 2007.". 
(2) The table of sections at the beginning of such subchapter 
is amended by inserting after the item relating to section 2881 
the following new item: 
"2881a. Pilot projects for acquisition or construction of military unaccompanied 
housing.". 
(b) CONFORMING AMENDMENT.—Section 2871(7) of title 10, 
United States Code, is amended by inserting before the period 
at the end the following: "and transient housing intended to be 
occupied by members of the armed forces on temporary duty". 
SEC. 2804. REPEAL OF SOURCE REQUIREMENTS FOR FAMILY HOUSING 
CONSTRUCTION OVERSEAS. 
Section 803 of the Military Construction Authorization Act, 
1984 (Public Law 98-115; 10 U.S.C. 2821 note) is repealed. 
SEC. 2805. AVAILABILITY OF ENERGY COST SAVINGS REALIZED AT 
MILITARY INSTALLATIONS. 
Section 2865(b) of title 10, United States Code, is amended 
by striking "through the end of the fiscal year following the fiscal 
year for which the funds were appropriated" and inserting "until 
expended". 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2811. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CON-
STRAINTS ON MILITARY TRAINING, TESTING, AND OPER-
ATIONS. 
(a) IN GENERAL.—Chapter 159 of title 10, United States Code, 
is amended by inserting after section 2684 the following new section: 
"§ 2684a. Agreements to limit encroachments and other con-
straints on military training, testing, and oper-
ations 
"(a) AGREEMENTS AUTHORIZED.—^The Secretary of Defense or 
the Secretary of a military department may enter into an agreement 
with an eligible entity described in subsection (b) to address the 
use or development of real property in the vicinity of a military 
installation for purposes of— 
"(1) limiting any development or use of the property that 
would be incompatible with the mission of the installation; 
or 
"(2) preserving habitat on the property in a manner that— 
"(A) is compatible with environmental requirements; 
and 
"(B) may eliminate or relieve current or anticipated 
environmental restrictions that would or might otherwise 
restrict, impede, or otherwise interfere, whether directly 
or indirectly, with current or anticipated military training, 
testing, or operations on the installation. 
"(b) ELIGIBLE ENTITIES.—^An agreement under this section may 
be entered into with any of the following; 
116 STAT. 2706 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(1) A State or political subdivision of a State. 
"(2) A private entity that has as its stated principal 
organizational purpose or goal the conservation, restoration, 
or preservation of land and natural resources, or a similar 
purpose or goal, as determined by the Secretary concerned. 
"(c) INAPPLICABILITY OF CERTAIN CONTRACT REQUIREMENTS.— 
Chapter 63 of title 31 shall not apply to any agreement entered 
into under this section. 
"(d) 
ACQUISITION 
AND 
ACCEPTANCE 
OF 
PROPERTY 
AND 
INTERESTS.—(1) An agreement with an eligible entity under this 
section may provide for— 
"(A) the acquisition by the entity of all right, title, and 
interest in and to any real property, or any lesser interest 
in the property, as may be appropriate for purposes of this 
section; and 
"(B) the sharing by the United States and the entity of 
the acquisition costs. 
"(2) Property or interests may not be acquired pursuant to 
the agreement unless the owner of the property or interests consents 
to the acquisition. 
"(3) The agreement shall require the entity to transfer to the 
United States, upon the request of the Secretary concerned, all 
or a portion of the property or interest acquired under the agree-
ment or a lesser interest therein. The Secretary shall limit such 
transfer request to the minimum property or interests necessary 
to ensure that the property concerned is developed and used in 
a manner appropriate for purposes of this section. 
"(4) The Secretary concerned may accept on behalf of the United 
States any property or interest to be transferred to the United 
States under the agreement. 
"(5) For purposes of the acceptance of property or interests 
under the agreement, the Secretary concerned may accept an 
appraisal or title documents prepared or adopted by a non-Federal 
entity as satisfjdng the applicable requirements of section 301 of 
the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40, 
if the Secretary concerned finds that the appraisal or title docu-
ments substantially comply with the requirements. 
"(e) ACQUISITION OF WATER RIGHTS.—^The authority of the Sec-
retary concerned to enter into an agreement under this section 
for the acquisition of real property (or an interest therein) includes 
the authority to support the purchase of water rights from any 
available source when necessary to support or protect the mission 
of a military installation. 
"(f) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary con-
cerned may require such additional terms and conditions in an 
agreement under this section as the Secretary considers appropriate 
to protect the interests of the United States. 
"(g) FUNDING.—(1) Except as provided in paragraph (2), funds 
authorized to be appropriated for operation and maintenance of 
the Army, Navy, Marine Corps, Air Force, or Defense-wide activities 
may be used to enter into agreements under this section. 
"(2) In the case of a military installation operated primarily 
with funds authorized to be appropriated for research, development, 
test, and evaluation, funds authorized to be appropriated for the 
Army, Navy, Marine Corps, Air Force, or Defense-wide activities 
for research, development, test, and evaluation may be used to 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2707 
enter into agreements under this section with respect to the installa-
tion. 
"(h) DEFINITIONS.—In this section: 
"(1) The term 'Secretary concerned' means the Secretary 
of Defense or the Secretary of a military department. 
"(2) The term 'State' includes the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Marianas, and the territories and possessions of the 
United States.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2684 the following new item: 
"2684a. Agreements to limit encroachments and other constraints on military train-
ing, testing, and operations.". 
SEC. 
2812. 
CONVEYANCE 
OF 
SURPLUS 
REAL 
PROPERTY 
FOR 
NATURAL 
RESOURCE 
CONSERVATION 
PURPOSES. 
(a) CONVEYANCE AUTHORITY.—(1) Chapter 159 of title 10, 
United States Code, is amended by inserting after section 2694 
the following new section: 
"§ 2694a. Conveyance of surplus real property for natural 
resource conservation 
"(a) AUTHORITY TO CONVEY.—The Secretary of a military 
department may convey to an eligible entity described in subsection 
(b) any surplus real property that— 
"(1) is under the administrative control of the Secretary; 
"(2) is suitable and desirable for conservation purposes; 
"(3) has been made available for public benefit transfer 
for a sufficient period of time to potential claimants; and 
"(4) is not subject to a pending request for transfer to 
another Federal agency or for conveyance to any other qualified 
recipient for public benefit transfer under the real property 
disposal processes and authorities under subtitle I of title 40. 
"(b) ELIGIBLE ENTITIES.—The conveyance of surplus real prop-
erty under this section may be made to any of the following: 
"(1) A State or political subdivision of a State. 
"(2) A nonprofit organization that exists for the primary 
purpose of conservation of natural resources on real property. 
"(c) REVISIONARY INTEREST AND OTHER DEED REQUIREMENTS.— 
(1) The deed of conveyance of any surplus real property conveyed 
under this section shall require the property to be used and main-
tained for the conservation of natural resources in perpetuity. If 
the Secretary concerned determines at any time that the property 
is not being used or maintained for such purpose, then, at the 
option of the Secretary, all or any portion of the property shall 
revert to the United States. 
"(2) The deed of conveyance may permit the recipient of the 
property— 
"(A) to convey the property to another eligible entity, sub-
ject to the approval of the Secretary concerned and subject 
to the same covenants and terms and conditions as provided 
in the deed from the United States; and 
"(B) to conduct incidental revenue-producing activities on 
the property that are compatible with the use of the property 
for conservation purposes. 
116 STAT. 2708 
PUBLIC LAW 107-314—DEC. 2, 2002 
"(3) The deed of conveyance may contain such additional terms, 
reservations, restrictions, and conditions as the Secretary concerned 
considers appropriate to protect the interests of the United States. 
"(d) RELEASE OF COVENANTS.—^With the concurrence of the 
Secretary of Interior, the Secretary concerned may grant a release 
from a covenant included in the deed of conveyance of real property 
conveyed under this section, subject to the condition that the 
recipient of the property pay the fair market value, as determined 
by the Secretary concerned, of the property at the time of the 
release of the covenant. The Secretary concerned may reduce the 
amount required to be paid under this subsection to account for 
the value of the natural resource conservation benefit that has 
accrued to the United States during the period the covenant was 
in effect, if the benefit was not taken into account in determining 
the original consideration for the conveyance. 
"(e) CONGRESSIONAL NOTIFICATION.—The Secretary concerned 
may not approve of the reconveyance of real property under sub-
section (c) or grant the release of a covenant under subsection 
(d) until the Secretary notifies the appropriate committees of Con-
gress of the proposed reconveyance or release and a period of 
21 days elapses from the date the notification is received by the 
committees. 
"(f) LIMITATIONS.—^The conveyance of real property under this 
section shall not be used as a condition of allowing any defense 
activity under any Federal, State, or local permitting or review 
process. The Secretary concerned may make the conveyance, with 
the restrictions specified in subsection (c), to establish a mitigation 
bank, but only if the establishment of the mitigation bank does 
not occur in order to satisfy any condition for permitting military 
activity under a Federal, State, or local permitting or review 
process. 
"(g) CONSIDERATION.—In fixing the consideration for the convey-
ance of real property under this section, or in determining the 
amount of any reduction of the amount to be paid for the release 
of a covenant under subsection (d), the Secretary concerned shall 
take into consideration any benefit that has accrued or may accrue 
to the United States from the use of such property for the conserva-
tion of natural resources. 
"(h) RELATION TO OTHER CONVEYANCE AUTHORITIES.—(1) The 
Secretary concerned may not make a conveyance under this section 
of any real property to be disposed of under a base closure law 
in a manner that is inconsistent with the requirements and condi-
tions of the base closure law. 
"(2) In the case of real property on Guam, the Secretary con-
cerned may not make a conveyance under this section unless the 
Government of Guam has been first afforded the opportunity to 
acquire the real property as authorized by section 1 of Public 
Law 106-504 (114 Stat. 2309). 
"(i) DEFINITIONS.—In this section: 
"(1) The term 'appropriate committees of Congress' has 
the meaning given such term in section 2801 of this title. 
"(2) The term 'base closure law' means the following: 
"(A) Section 2687 of this title. 
"(B) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act of 1988 (10 U.S.C. 
2687 note). 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2709 
"(C) 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). 
"(D) Any other similar authority for the closure or 
realignment of military installations that is enacted after 
the date of the enactment of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003. 
"(3) The term 'Secretary concerned' means the Secretary 
of a military department. 
"(4) The term 'State' includes the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Marianas, and the territories and possessions of the 
United States.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2694 
the following new item: 
"2694a. Conveyance of surplus real property for natural resource conservation.". 
(b) 
ACCEPTANCE 
OF FUNDS 
TO COVER 
ADMINISTRATIVE 
EXPENSES.—Section 2695(b) of such title is amended by adding 
at the end the following new paragraph: 
"(5) The conveyance of real property under section 2694a 
of this title.". 
(c) AGREEMENTS WITH NONPROFIT NATURAL RESOURCE CON-
SERVATION 
ORGANIZATIONS.—Section 2701(d) of such title is 
amended— 
(1) in the subsection heading, by striking "AGENCIES" and 
inserting "ENTITIES"; 
(2) in paragraph (1)— 
(A) by striking "with any State or local government 
agency, or with any Indian tribe," and inserting "any State 
or local government agency, any Indian tribe, or any non-
profit conservation organization"; and 
(B) by striking "the agency" and inserting "the agency, 
Indian tribe, or organization"; and 
(3) by striking paragraph (4), as redesignated by section 
311(2) of this Act, and inserting the following new paragraph: 
"(4) DEFINITIONS.—In this subsection: 
"(A) The term 'Indian tribe' has the meaning given 
such term in section 101(36) of CERCLA (42 U.S.C. 
9601(36)). 
"(B) The term 'nonprofit conservation organization' 
means any non-governmental nonprofit organization whose 
primary purpose is conservation of open space or natural 
resources.". 
SEC. 2813. MODIFICATION OF DEMONSTRATION PROGRAM ON REDUC-
TION IN LONG-TERM FACILITY MAINTENANCE COSTS. 
(a) ADMINISTRATOR OF PROGRAM.—Subsection (a) of section 
2814 of the Military Construction Authorization Act for Fiscal Year 
2002 (division B of Public Law 107-107; 115 Stat. 1310; 10 U.S.C. 
2809 note) is amended by striking "Secretary of the Army" and 
inserting "Secretary of Defense or the Secretary of a military depart-
ment". 
(b) CONTRACTS.—Subsection (b) of such section is amended 
to read as follows: 
116 STAT. 2710 
PUBLIC LAW 107-314—DEC. 2, 2002 
10 use 2809 
note. 
"(b) CONTRACTS.—(1) Not more than 12 contracts per military 
department may contain requirements referred to in subsection 
(a) for the purpose of the demonstration program. 
"(2) The demonstration program may only cover contracts 
entered into on or after the date of the enactment of the Bob 
Stump National Defense Authorization Act for Fiscal Year 2003, 
except that the Secretary of the Army shall treat any contract 
containing requirements referred to in subsection (a) that was 
entered into under the authority in such subsection between that 
date and December 28, 2001, as a contract for the purpose of 
the demonstration program.". 
(c) REPORTING REQUIREMENTS.—Subsection (d) of such section 
is amended by striking "Secretary of the Army" and inserting "Sec-
retary of Defense". 
(d) FUNDING.—(1) Subsection (f) of such section is amended 
by striking "the Army" and inserting "the military departments 
or defense-wide". 
(2) The amendment made by paragraph (1) shall not affect 
the availability for the purpose of the demonstration program under 
section 2814 of the Military Construction Authorization Act for 
Fiscal Year 2002, as amended by this section, of any amounts 
authorized to be appropriated before the date of the enactment 
of this Act for the Army for military construction that have been 
obligated for the demonstration program, but not expended, as 
of that date. 
SEC. 2814. EXPANDED AUTHORITY TO TRANSFER PROPERTY AT MILI-
TARY INSTALXATIONS TO BE CLOSED TO PERSONS WHO 
CONSTRUCT OR PROVIDE MILITARY FAMILY HOUSING. 
(a) 1988 LAW.—Section 204(e)(1) of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public Law 
100-526; 10 U.S.C. 2687 note) is amended by striking the last 
sentence. 
(b) 1990 LAW.—Section 2905(f)(1) of the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) is amended by striking the last 
sentence. 
Subtitle C—Land Conveyances 
PART I—ARMY CONVEYANCES 
16 use 668dd 
note. 
Deadline. 
SEC. 2821. TRANSFER OF JURISDICTION, FORT MCCLELLAN, ALABAMA, 
TO ESTABLISH MOUNTAIN LONGLEAF NATIONAL WILD-
LIFE REFUGE. 
(a) TRANSFER REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the Army 
shall transfer, without reimbursement, to the administrative juris-
diction of the Secretary of the Interior a parcel of real property 
at Fort McClellan, Alabama, consisting of approximately 7,600 
acres, which is described as the "acquisition area" in a memorandum 
of agreement between the Secretaries numbered 1448-40181-00-
K-014. 
(b) ESTABLISHMENT AND MANAGEMENT OF REFUGE.—(1) The 
Secretary of the Interior shall establish on the real property trans-
ferred under subsection (a) the Mountain Longleaf National Wildlife 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2711 
Refuge to enhance, manage, and protect the unique mountain 
longleaf pine ecosystem on the property. 
(2) The Secretary of Interior shall manage the Mountain 
Longleaf National Wildlife Refuge in a manner that— 
(A) conserves and enhances populations of fish, wildlife, 
and plants in the Refuge, including migratory birds and species 
that are threatened or endangered, with particular emphasis 
on the protection of the mountain longleaf pine plant ecosystem; 
(B) protects and enhances the quality of aquatic habitat 
in the Refuge; 
(C) provides, in coordination with the Alabama Department 
of Conservation and Natural Resources, the public with rec-
reational opportunities, including hunting, fishing, wildlife 
observation, and photography; 
(D) provides opportunities for scientific research and edu-
cation on land use and environmental law; and 
(E) is consistent with environmental restoration efforts con-
ducted by the Secretary of the Army on the Refuge or on 
lands adjacent to the Refuge. 
(c) ENVIRONMENTAL RESTORATION.—(1) The Secretary of the 
Army shall continue to be responsible for unexploded ordnance, 
discarded military munitions, and munitions constituents on the 
real property transferred under subsection (a) and shall continue 
to follow a remediation process in accordance with the Comprehen-
sive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.). 
(2) The Secretary of the Army shall appropriately factor the 
management directives for the Mountain Longleaf National Wildlife 
Refuge, as described in subsection (b), into the remedy selection 
process for the property transferred under subsection (a). 
(d) RELATION TO OTHER ENVIRONMENTAL LAWS.—Nothing in 
this section shall relieve, and no action taken under this section 
may relieve, the Secretary of the Army or the Secretary of the 
Interior, or any other person from any liability or other obligation 
under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, the Resource Conservation and Recovery 
Act of 1976 (42 U.S.C. 6901 et seq.), or any other Federal or 
State law. 
(e) ASSISTANCE.—The Secretary of the Army may provide up 
to $500,000 from the funds in the Base Realignment and Closure 
Account 1990 to the Secretary of Interior to facilitate the establish-
ment of the Mountain Longleaf National Wildlife Refuge and to 
support environmental research at the Refuge during the first two 
years of the operation of the Refuge. 
SEC. 2822. LAND CONVEYANCES, LANDS IN ALASKA NO LONGER 
REQUIRED FOR NATIONAL GUARD PURPOSES. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey to an eligible entity described in subsection (b) all right, 
title, and interest of the United States in and to any parcel of 
real property, including any improvements thereon, in the State 
of Alaska described in subsection (c) if the Secretary determines 
the conveyance would be in the public interest. 
(b) ELIGIBLE RECIPIENTS.—The following entities shall be 
eligible to receive real property under subsection (a): 
(1) The State of Alaska. 
(2) A governmental entity in the State of Alaska. 
116 STAT. 2712 
PUBLIC LAW 107-314—DEC. 2, 2002 
(3) A Native Corporation (as defined in section 3 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1602)). 
(4) The Metlakatla Indian Community. 
(c) COVERED PROPERTY.—Subsection (a) applies to real property 
located in the State of Alaska that— 
(1) is under the jurisdiction of the Department of the Army 
and, before December 2, 1980, was under such jurisdiction 
for the use of the Alaska National Guard; 
(2) is located in a unit of the National Wildlife Refuge 
System designated in the Alaska National Interest Lands Con-
servation Act (Public Law 96-487; 16 U.S.C. 668dd note); 
(3) is excess to the needs of the Alaska National Guard 
and the Department of Defense; and 
(4) the Secretary determines that— 
(A) the anticipated cost to the United States of 
retaining the property exceeds the value of such property; 
or 
(B) the condition of the property makes it unsuitable 
for retention by the United States. 
(d) CONSIDERATION.—^The conveyance of real property under 
this section shall, at the election of the Secretary, be for no consider-
ation or for consideration in an amount determined by the Secretary 
to be appropriate under the circumstances. 
(e) USE OF CONSIDERATION.—If consideration is received for 
the conveyance of real property under subsection (a), the Secretary 
may use the amounts received, in such amounts as are provided 
in appropriations Acts, to pay for— 
(1) the cost of a survey described in subsection (f) with 
respect to the property; 
(2) the cost of carrying out any environmental assessment, 
study, or analysis, and any remediation, that may be required 
under Federal law, or is considered appropriate by the Sec-
retary, in connection with the property or the conveyance of 
the property; and 
(3) any other costs incurred by the Secretary in conveying 
the property. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of any real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(g) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
a conveyance of real property under this section as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2823. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION 
PLANT, KANSAS. 
(a) CONVEYANCE AUTHORIZED.—The Administrator of General 
Services may convey to the Johnson County Park and Recreation 
District, Kansas (in this section referred to as the "District"), all 
right, title, and interest of the United States in and to a parcel 
of real property, including any improvements thereon, at the Sun-
flower Army Ammunition Plant in the State of Kansas consisting 
of approximately 2,000 acres. 
(b) BASIS OF CONVEYANCE.—The conveyance under this section 
shall be made in a manner consistent with section 550(e) of title 
40, United States Code, for the purpose of permitting the District 
to use the conveyed property for public recreational purposes. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2713 
(c) DESCRIPTION OF PROPERTY.—The exact acreage, location, 
and legal description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to the 
Administrator, The cost of such legal description, survey, or both 
shall be borne by the District. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Administrator 
may require such additional terms and conditions in connection 
with the conveyance under subsection (a) as the Administrator 
considers appropriate to protect the interests of the United States. 
(e) APPLICATION OF SECTION.—If the Administrator and the 
District reach an agreement regarding the conveyance of the prop-
erty described in subsection (a) before January 31, 2003, the 
authority provided by this section shall not take effect. 
SEC. 2824. LAND CONVEYANCES, BLUEGRASS ARMY DEPOT, RICH-
MOND, KENTUCKY. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to Madison County, Kentucky (in 
this section referred to as the "County"), all right, title, and interest 
of the United States in and to the following parcels of real property, 
including any improvements thereon, at the Bluegrass Army Depot, 
Richmond, Kentucky: 
(1) A parcel consisting of approximately 10 acres. 
(2) A parcel consisting of approximately 3 acres, including 
the building known as Quarters 29. 
(b) CONDITIONS OF CONVEYANCE.—(1) The Secretary may not 
convey the parcel of real property referred to in subsection (a)(1) 
unless the County agrees to use the property to facilitate the 
construction of a veterans' center on the property by the State 
of Kentucky and the Secretary determines that the State has appro-
priated adequate funds for the construction of the veterans' center. 
(2) The Secretary may not convey the parcel of real property 
referred to in subsection (a)(2) unless the County agrees to utilize 
the property for historical preservation and education purposes. 
(c) REVERSIONARY INTEREST.—(1) At the end of the seven-year 
period beginning on the date on which the Secretary makes the 
conveyance of the parcel of real property referred to in subsection 
(a)(1), if the Secretary determines that a veterans' center is not 
in operation on the conveyed real property, then, at the option 
of the Secretary, all right, title, and interest in and to the property, 
including any improvements thereon, shall revert to the United 
States, and the United States shall have the right of immediate 
entry onto the property. 
(2) If the Secretary determines at any time that the parcel 
of real property referred to in subsection (a)(2) has ceased to be 
utilized for the purposes specified in subsection (b)(2), then, at 
the option of the Secretary, all right, title, and interest in and 
to the property shall revert to the United States, and the United 
States shall have the right of immediate entry onto the property. 
(3) Any determination of the Secretary under this subsection 
shall be made on the record after an opportunity for a hearing. 
(d) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the County to reimburse the Secretary for 
the costs incurred by the Secretary to carry out the conveyances 
under subsection (a), including survey costs, costs related to environ-
mental documentation (other than the environmental baseline 
survey), and other administrative costs related to the conveyance. 
116 STAT. 2714 
PUBLIC LAW 107-314—DEC. 2, 2002 
(2) The Secretary shall require the County to reimburse the 
Secretary for any excess costs incurred by the Secretary for any 
environmental assessment, study, or analysis, or for any other 
excess costs incurred by the Secretary, in connection with the 
conveyances, if the excess costs were incurred as a result of a 
request by the County. In this paragraph, the term "excess costs" 
means costs in excess of those costs considered reasonable and 
necessary by the Secretary to comply with existing law to make 
the conveyances. 
(3) Any reimbursement received under this subsection shall 
be credited to the fund or account that was used to cover the 
costs incurred by the Secretary in carrying out the conveyances. 
Amounts so credited shall be merged with amounts in such fund 
or account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts in such 
fund or account. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the County. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyances under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2825. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the City of Hopkinsville, Kentucky 
(in this section referred to as the "City"), all right, title, and interest 
of the United States in and to a parcel of real property at Fort 
Campbell, Kentucky, consisting of approximately 50 acres and con-
taining an abandoned railroad spur for the purpose of permitting 
the City to use the property for storm water management, recre-
ation, transportation, and other public purposes. 
(b) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the City to reimburse the Secretary for the 
costs incurred by the Secretary to carry out the conveyance under 
subsection (a), including survey costs, costs related to environmental 
documentation (other than the environmental baseline survey), and 
other administrative costs related to the conveyance. 
(2) The Secretary shall require the City to reimburse the Sec-
retary for any excess costs incurred by the Secretary for any 
environmental assessment, study, or analysis, or for any other 
excess costs incurred by the Secretary, in connection with the 
conveyance, if the excess costs were incurred as a result of a 
request by the City. In this paragraph, the term "excess costs" 
means costs in excess of those costs considered reasonable and 
necessary by the Secretary to comply with existing law to make 
the conveyance. 
(3) Any reimbursement received under this subsection shall 
be credited to the fund or account that was used to cover the 
costs incurred by the Secretary in carrying out the conveyance. 
Amounts so credited shall be merged with amounts in such fund 
or account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts in such 
fund or account. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2715 
(c) DESCRIPTION OF PROPERTY.—The acreage of the real prop-
erty to be conveyed under subsection (a) has been determined 
by the Secretary through a legal description outlining such acreage. 
No further survey of the property is required before the conveyance 
is made. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2826. LAND CONVEYANCE, ARMY RESERVE TRAINING CENTER, 
BUFFALO, MINNESOTA 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Buffalo Independent School 
District 877 of Buffalo, Minnesota (in this section referred to as 
the "School District"), all right, title, and interest of the United 
States in and to a parcel of real property, including improvements 
thereon, that is located at 800 8th Street, N.E., in Buffalo, Min-
nesota, and contains a former Army Reserve Training Center, which 
is being used by the School District as the site of the Phoenix 
Learning Center. 
(b) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the School District to reimburse the Secretary 
for the costs incurred by the Secretary to carry out the conveyance 
under subsection (a), including survey costs, costs related to environ-
mental documentation (other than the environmental baseline 
survey), and other administrative costs related to the conveyance. 
(2) The Secretary shall require the School District to reimburse 
the Secretary for any excess costs incurred by the Secretary for 
any environmental assessment, study, or analysis, or for any other 
excess costs incurred by the Secretary, in connection with the 
conveyance, if the excess costs were incurred as a result of a 
request by the School District. In this paragraph, the term "excess 
costs" means costs in excess of those costs considered reasonable 
and necessary by the Secretary to comply with existing law to 
make the conveyance. 
(3) Any reimbursement received under this subsection shall 
be credited to the fund or account that was used to cover the 
costs incurred by the Secretary in carrying out the conveyance. 
Amounts so credited shall be merged with amounts in such fund 
or account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts in such 
fund or account. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the School District. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2827. LAND CONVEYANCE, FORT MONMOUTH, NEW JERSEY. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey by sale all right, title, and interest of the United States 
in and to a parcel of real property, consisting of approximately 
63.95 acres of military family housing known as Howard Commons, 
that comprises a portion of Fort Monmouth, New Jersey. 
116 STAT. 2716 
PUBLIC LAW 107-314—DEC. 2, 2002 
(b) COMPETITIVE BID REQUIREMENT.—^The Secretary shall use 
competitive procedures for the sale authorized by subsection (a). 
(c) CONSIDERATION.—<1) As consideration for the conveyance 
authorized by subsection (a), the recipient shall provide the United 
States, whether by cash payment, in-kind contribution, or a com-
bination thereof, an amount that is not less than the fair market 
value, as determined by the Secretary, of the property conveyed 
under such subsection. 
(2) In-kind consideration under paragraph (1) may include the 
construction of replacement military family housing or the 
rehabilitation of existing military family housing at Fort Monmouth, 
New Jersey, as agreed upon by the Secretary. 
(3) If the value of in-kind consideration to be provided under 
this subsection exceeds $1,500,000, the Secretary may not accept 
such consideration until after the end of the 21-day period beginning 
on the date the Secretary notifies the congressional defense commit-
tees of the decision of the Secretary to accept in-kind consideration 
in excess of that amount. 
(4) Any proceeds received by the Secretary under this subsection 
and not used to construct or rehabilitate such military family 
housing shall be deposited in the special account in the Treasury 
established pursuant to section 572(b) of title 40, United States 
Code. 
(d) EFFECT OF TRANSFER OF ADMINISTRATIVE JURISDICTION.— 
If the real property authorized to be conveyed by this section 
is transferred to the administrative jurisdiction of the Administrator 
of General Services, the Administrator, rather than the Secretary, 
shall have the authority to convey such property under this section. 
(e) DESCRIPTION OF PARCEL.—^The exact acreage and legal 
description of the parcel to be conveyed under subsection (a) shall 
be determined by a survey that is satisfactory to the Secretary. 
The cost of the survey shall be borne by the recipient of the 
parcel. 
(f) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2828. LAND CONVEYANCE, FORT BLISS, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the County of El Paso, Texas 
(in this section referred to as the "County"), all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approximately 44 
acres at Fort Bliss, Texas, for the purpose of facilitating the 
construction by the State of Texas of a nursing home for veterans 
of the Armed Forces. 
(b) REVERSIONARY INTEREST.—(1) At the end of the seven-year 
period beginning on the date on which the Secretary makes the 
conveyance under subsection (a), if the Secretary determines that 
a nursing home for veterans is not in operation on the conveyed 
real property, then, at the option of the Secretary— 
(A) all right, title, and interest in and to the property, 
including any improvements thereon, shall revert to the United 
States; and 
(B) the United States shall have the right of immediate 
entry onto the property. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2717 
(2) Any determination of the Secretary under this subsection 
shall be made on the record after an opportunity for a hearing. 
(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the County to reimburse the Secretary for 
the costs incurred by the Secretary to carry out the conveyance 
under subsection (a), including survey costs, costs related to environ-
mental documentation (other than the environmental baseline 
survey), and other administrative costs related to the conveyance. 
(2) The Secretary shall require the County to reimburse the 
Secretary for any excess costs incurred by the Secretary for any 
environmental assessment, study, or analysis, or for any other 
excess costs incurred by the Secretary, in connection with the 
conveyance, if the excess costs were incurred as a result of a 
request by the County. In this paragraph, the term "excess costs" 
means costs in excess of those costs considered reasonable and 
necessary by the Secretary to comply with existing law to make 
the conveyance. 
(3) Any reimbursement received under this subsection shall 
be credited to the fund or account that was used to cover the 
costs incurred by the Secretary in canying out the conveyance. 
Amounts so credited shall be merged with amounts in such fund 
or account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts in such 
fund or account. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the County. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2829. LAND CONVEYANCE, FORT HOOD, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Veterans Land Board of the 
State of Texas (in this section referred to as the "Board") all 
right, title, and interest of the United States in and to a parcel 
of real property, including any improvements thereon, consisting 
of approximately 174 acres at Fort Hood, Texas, for the purpose 
of permitting the Board to establish a State-run cemetery for vet-
erans of the Armed Forces. 
(b) REVERSIONARY INTEREST.—(1) At the end of the seven-year 
period beginning on the date on which the Secretary makes the 
conveyance under subsection (a), if the Secretary determines that 
a cemetery for veterans is not in operation on the conveyed real 
property, then, at the option of the Secretary— 
(A) all right, title, and interest in and to the property, 
including any improvements thereon, shall revert to the United 
States; and 
(B) the United States shall have the right of immediate 
entry onto the property. 
(2) Any determination of the Secretary under this subsection 
shall be made on the record after an opportunity for a hearing. 
(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the Board to reimburse the Secretary for the 
costs incurred by the Secretary to carry out the conveyance under 
99-194 O - 03 -10 : QL 3 Part 4 
116 STAT. 2718 
PUBLIC LAW 107-314—DEC. 2, 2002 
subsection (a), including survey costs, costs related to environmental 
documentation (other than the environmental baseline survey), and 
other administrative costs related to the conveyance. 
(2) The Secretary shall require the Board to reimburse the 
Secretary for any excess costs incurred by the Secretary for any 
environmental assessment, study, or analysis, or for any other 
excess costs incurred by the Secretary, in connection with the 
conveyance, if the excess costs were incurred as a result of a 
request by the Board. In this paragraph, the term "excess costs" 
means costs in excess of those costs considered reasonable and 
necessary by the Secretary to comply with existing law to make 
the conveyance. 
(3) Any reimbursement received under this subsection shall 
be credited to the fund or account that was used to cover the 
costs incurred by the Secretary in carrying out the conveyance. 
Amounts so credited shall be merged with amounts in such fund 
or account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts in such 
fund or account. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Board. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2830. LAND CONVEYANCES, ENGINEER PROVING GROUND, FORT 
BELVOIR, VIRGINIA. 
(a) CONVEYANCE TO FAIRFAX COUNTY, VIRGINIA, AUTHORIZED.— 
(1) The Secretary of the Army may convey, without consideration, 
to Fairfax County, Virginia, all right, title, and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 135 acres, 
located in the northwest portion of the Engineer Proving Ground 
at Fort Belvoir, Virginia, in order to permit the County to use 
such property for park and recreational purposes. 
(2) The parcel of real property authorized to be conveyed by 
paragraph (1) is generally described as that portion of the Engineer 
Proving Ground located west of Accotink Creek, east of the Fairfax 
County Parkway, and north of Cissna Road to the northern 
boundary, but excludes a parcel of land consisting of approximately 
15 acres located in the southeast corner of such portion of the 
Engineer Proving Ground. 
(3) The land excluded under paragraph (2) from the parcel 
of real property authorized to be conveyed by paragraph (1) shall 
be reserved for an access road to be constructed in the future. 
(b) CONVEYANCE OF BALANCE OF PROPERTY AUTHORIZED.—The 
Secretary may convey to any competitively selected grantee all 
right, title, and interest of the United States in and to the real 
property, including any improvements thereon, at the Engineering 
Proving Ground not conveyed under the authority in subsection 
(a). 
(c) CONSIDERATION.—(1) As consideration for the conveyance 
authorized by subsection (b), the grantee shall provide the United 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2719 
States, whether by cash payment, in-kind contribution, or a com-
bination thereof, an amount that is not less than the fair market 
value, as determined by the Secretary, of the property conveyed 
under such subsection. 
(2) In-kind consideration under paragraph (1) may include the 
maintenance, improvement, alteration, repair, remodeling, restora-
tion (including environmental restoration), or construction of facili-
ties for the Department of the Army at Fort Belvoir or at any 
other site or sites designated by the Secretary. 
(3) If in-kind consideration under paragraph (1) includes the 
construction of facilities, the grantee shall also convey to the United 
States— 
(A) title to such facilities, free of all liens and other encum-
brances; and 
(B) if the United States does not have fee simple title 
to the land underlying such facilities, convey to the United 
States all right, title, and interest in and to such lands not 
held by the United States. 
(4) If the value of in-kind consideration to be provided under 
paragraph (1) exceeds $1,500,000, the Secretary may not accept 
such consideration until after the end of the 21-day period beginning 
on the date the Secretary notifies the congressional defense commit-
tees of the decision of the Secretary to accept in-kind consideration 
in excess of that amount. 
(5) The Secretary shall deposit any cash received as consider-
ation under this subsection in the special account established pursu-
ant to section 572(b) of title 40, United States Code. 
(d) EFFECT OF TRANSFER OF ADMINISTRATIVE JURISDICTION.— 
If all or a portion of the real property authorized to be conveyed 
by this section is transferred to the administrative jurisdiction 
of the Administrator of General Services, the Administrator, rather 
than the Secretary of the Army, shall have the authority to convey 
such property under this section. 
(e) REPEAL OF SUPERSEDED AUTHORITY.—Section 2821 of the 
Military Construction Authorization Act for Fiscal Years 1990 and 
1991 (division B of Public Law 101-189; 103 Stat. 1658), as amended 
by section 2854 of the Military Construction Authorization Act 
for Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 
568), is repealed. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsections 
(a) and (b) shall be determined by surveys satisfactory to the 
Secretary. The cost of each such survey shall be borne by the 
grantee. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under subsections (a) and (b) as the Secretary 
considers appropriate to protect the interests of the United States. 
PART II—NAVY CONVEYANCES 
SEC. 
2831. LAND CONVEYANCE, MARINE CORPS AIR STATION, 
MIRAMAR, SAN DIEGO, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the ENPEX Corporation, Incorporated (in this section 
referred to as the "Corporation"), all right, title, and interest of 
the United States in and to a parcel of real property, including 
116 STAT. 2720 
PUBLIC LAW 107-314—DEC. 2, 2002 
any improvements thereon, at Marine Corps Air Station, Miramar, 
San Diego, California, consisting of approximately 60 acres and 
appurtenant easements and any other necessary interests in real 
property for the purpose of permitting the Corporation to use the 
property for the production of electric power and related ancillary 
activities. 
(b) CONSIDERATION.—(1) As consideration for the conveyance 
under subsection (a), the Corporation shall— 
(A) convey to the United States all right, title, and interest 
of the Corporation in and to a parcel of real property in the 
San Diego area that is suitable for military family housing, 
as determined by the Secretary; and 
(B) if the parcel conveyed under subparagraph (A) does 
not contain housing units suitable for use as military family 
housing, design and construct such military family housing 
units and supporting facilities as the Secretary considers appro-
priate. 
(2) The total combined value of the real property and military 
family housing conveyed by the Corporation under this subsection 
shall be at least equal to the fair market value of the real property 
conveyed to the Secretary under subsection (a), including any sever-
ance costs arising from any diminution of the value or utility 
of other property at Marine Corps Air Station, Miramar, attrib-
utable to the prospective future use of the property conveyed under 
subsection (a). 
(3) The Secretary shall determine the fair market value of 
the real property to be conveyed under subsection (a) and the 
fair market value of the consideration to be provided under this 
subsection. Such determinations shall be final. 
(c) REVERSIONARY INTEREST.—(1) Subject to paragraph (2), if 
the Secretary determines at any time that the property conveyed 
under subsection (a) is not being used in accordance with the 
purpose of the conveyance specified in such subsection, all right, 
title, and interest in and to the property, including any improve-
ments thereon, shall revert, at the option of the Secretary, to 
the United States, and the United States shall have the right 
of immediate entry onto the property. Any determination of the 
Secretary under this subsection shall be made on the record after 
an opportunity for a hearing. 
(2) If Marine Corps Air Station, Miramar, is no longer used 
as a Federal aviation facility, paragraph (1) shall no longer apply, 
and the Secretary shall release, without consideration, the rever-
sionary interest retained by the United States under such para-
graph. 
(d) ADMINISTRATIVE EXPENSES.—(1) The Corporation shall make 
funds available to the Secretary to cover costs to be incurred by 
the Secretary, or reimburse the Secretary for costs incurred, to 
carry out the conveyance under subsection (a), including survey 
costs, costs related to environmental documentation, and other 
administrative costs related to the conveyance. This paragraph 
does not apply to costs associated with the removal of explosive 
ordnance from the parcel and environmental remediation of the 
parcel. 
(2) Section 2695(c) of title 10 United States Code, shall apply 
to any amount received under paragraph (1). If the amounts 
received in advance under such paragraph exceed the costs actually 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2721 
incurred by the Secretary, the Secretary shall refund the excess 
amount to the Corporation. 
(e) DESCRIPTIONS OF PROPERTY.—The exact acreage and legal 
descriptions of the real property to be conveyed by the Secretary 
under subsection (a) and the property to be conveyed by the Cor-
poration under subsection (b) shall be determined by a survey 
satisfactory to the Secretary. 
(f) EXEMPTIONS.—Section 2696 of title 10, United States Code, 
does not apply to the conveyance authorized by subsection (a), 
and the authority to make the conveyance shall not be considered 
to render the property excess or underutilized. 
(g) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyances authorized by this section as the Secretary con-
siders appropriate to protect the interests of the United States. 
SEC. 2832. MODIFICATION OF AUTHORITY FOR LAND TRANSFER AND 
CONVEYANCE, 
NAVAL 
SECURITY 
GROUP ACTIVITY, 
WINTER HARBOR, MAINE. 
(a) MODIFICATION OF CONVEYANCE AUTHORITY FOR COREA AND 
WINTER HARBOR PROPERTIES.—Subsection (b) of section 2845 of 
the Military Construction Authorization Act for Fiscal Year 2002 
(division B of Public Law 107-107; 115 Stat. 1319) is amended 
to read as follows: 
"(b) 
CONVEYANCE AND TRANSFER OF COREA AND WINTER 
HARBOR PROPERTIES AUTHORIZED.—(1) The Secretary of the Navy 
may convey, without consideration, to the State of Maine, any 
political subdivision of the State of Maine, or any tax-supported 
agency in the State of Maine, all right, title, and interest of the 
United States in and to parcels of real property, including any 
improvements thereon and appurtenances thereto, comprising the 
former facilities of the Naval Security Group Activity, Winter 
Harbor, Maine, as follows: 
"(A) The parcel consisting of approximately 50 acres known 
as the Corea Operations Site. 
"(B) Three parcels consisting of approximately 23 acres 
and comprising family housing facilities. 
"(2) The Secretary of the Navy may transfer to the administra-
tive jurisdiction of the Secretary of the Interior a parcel of real 
property consisting of approximately 404 acres at the former Naval 
Security Group Activity, which is the balance of the real property 
comprising the Corea Operations Site. The Secretary of the Interior 
shall administer the property transferred under this paragraph 
as part of the National Wildlife Refuge System.". 
(b) 
EXEMPTION OF MODIFIED CONVEYANCES FROM FEDERAL 
SCREENING REQUIREMENT.—Such section is further amended— 
(1) by redesignating subsections (g) and (h) as subsections 
(h) and (i), respectively; and 
(2) by inserting after subsection (f) the following new sub-
section (g): 
"(g) EXEMPTION FROM FEDERAL SCREENING.—^Any conveyance 
authorized by subsection (b)(1) is exempt from the requirement 
to screen the property concerned for further Federal use pursuant 
to section 2696 of title 10, United States Code.". 
(c) CONFORMING AMENDMENTS.—Subsections (c), (d), 
(e), 
(f), 
(h) (as redesignated), and (i) (as redesignated) of such section are 
116 STAT. 2722 
PUBLIC LAW 107-314—DEC. 2, 2002 
amended by striking "subsection (b)" each place it appears and 
inserting "subsection (b)(1)". 
SEC. 
2833. LAND CONVEYANCE, WESTOVER AIR RESERVE BASE, 
MASSACHUSETTS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey, without consideration, to the City of Chicopee, Massachu-
setts (in this section referred to as the "City"), all right, title, 
and interest of the United States in and to a parcel of real property, 
including 133 housing units and other improvements thereon, con-
sisting of approximately 30.38 acres located at Westover Air Reserve 
Base in Chicopee, Massachusetts, for the purpose of permitting 
the City to use the property for economic development and other 
public purposes. 
(b) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the City to reimburse the Secretary for the 
costs incurred by the Secretary to carry out the conveyance under 
subsection (a), including survey costs, costs related to environmental 
documentation (other than the environmental baseline survey), and 
other administrative costs related to the conveyance. 
(2) The Secretary shall require the City to reimburse the Sec-
retary for any excess costs incurred by the Secretary for any 
environmental assessment, study, or analysis, or for any other 
excess costs incurred by the Secretary, in connection with the 
conveyance, if the excess costs were incurred as a result of a 
request by the City. In this paragraph, the term "excess costs" 
means costs in excess of those costs considered reasonable and 
necessary by the Secretary to comply with existing law to make 
the conveyance. 
(3) Any reimbursement received under this subsection shall 
be credited to the fund or account that was used to cover the 
costs incurred by the Secretary in carrying out the conveyance. 
Amounts so credited shall be merged with amounts in such fund 
or account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts in such 
fund or account. 
(c) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2834. LAND CONVEYANCE, NAVAL STATION, NEWPORT, RHODE 
ISLAND. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Navy may 
convey to the State of Rhode Island, or any political subdivision 
thereof, any or all right, title, and interest of the United States 
in and to a parcel of real property, together with improvements 
thereon, consisting of approximately 34 acres located in Melville, 
Rhode Island, and known as the Melville Marina site. 
(b) CONSIDERATION.—(1) As consideration for the conveyance 
of real property under subsection (a), the conveyee shall pay the 
United States an amount equal to the fair market value of the 
real property, as determined by the Secretary based on an appraisal 
of the real property acceptable to the Secretary. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2723 
(2) The consideration received under paragraph (1) shall be 
deposited in the account established pursuant to section 572(b) 
of title 40, United States Code, and shall be available as provided 
for in that section. 
(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The Sec-
retary may require the conveyee of the real property under sub-
section (a) to reimburse the Secretary for any costs incurred by 
the Secretary in carrying out the conveyance. 
(2) Any reimbursement for costs that is received under para-
graph (1) shall be credited to the fund or account providing funds 
for such costs. Amounts so credited shall be merged with amounts 
in such fund or account, and shall be available for the same pur-
poses, and subject to the same conditions and limitations, as 
amounts in such fund or account. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2835. LAND EXCHANGE AND BOUNDARY ADJUSTMENTS, MARINE 
CORPS BASE, QUANTICO, AND PRINCE WILLIAM FOREST 
PARK, VIRGINIA. 
(a) LAND EXCHANGE.—^Administrative jurisdiction over certain 
lands at Prince William Forest Park, Virginia, and at the Marine 
Corps Base, Quantico, Virginia, shall be adjusted through the fol-
lowing actions: 
(1) The Secretary of the Navy shall transfer, without 
reimbursement, to the administrative jurisdiction of the Sec-
retary of the Interior approximately 352 acres of land, depicted 
as "Lands Transferred from Department of the Navy to Depart-
ment of the Interior" on the map entitled "Boundary Adjust-
ments Between Prince William Forest Park and Marine Corps 
Base, Quantico", numbered 860/80283, and dated May 1, 2002. 
(2) The Secretary of the Interior shall transfer, without 
reimbursement, to the administrative jurisdiction of the Sec-
retary of the Navy approximately 3,398 acres of land, depicted 
as "Lands Transferred from Department of the Interior to 
Department of the Navy" on the map described in paragraph 
(1). 
(b) RETENTION OF CERTAIN LAND.—^The Secretary of the Interior 
shall continue to administer approximately 1,346 acres of land, 
depicted as "Lands Retained by Department of the Interior" on 
the map described in subsection (a)(1). Effective on the date of 
the enactment of this Act, the special use permit dated March 
16, 1972, which provides for the use of part of this land by the 
Marine Corps, shall no longer be in effect. 
(c) SUBSEQUENT DISPOSAL OF LAND.—(1) If any of the land 
described in subsection (a)(1) or (b) is determined to be excess 
to the needs of the Department of the Interior, the Secretary of 
the Interior shall offer to transfer, without reimbursement, adminis-
trative jurisdiction over the land to the Secretary of the Navy. 
(2) If any of the land described in subsection (a)(2) is determined 
to be excess to the needs of the Department of the Navy, the 
116 STAT. 2724 
PUBLIC LAW 107-314—DEC. 2, 2002 
Secretary of the Navy shall offer to transfer, without reimburse-
ment, administrative jurisdiction over the land to the Secretary 
of the Interior. 
(3) If an offer made under this subsection is not accepted 
within 90 days, the land covered by the offer may be disposed 
of in accordance with the laws and regulations governing the dis-
posal of excess property. 
(d) BOUNDARY MODIFICATION AND ADMINISTRATION.—(1) 
The 
boundaries of Prince William Forest Park and the Marine Corps 
Base, Quantico, shall be modified to reflect the land exchanges 
or disposals made under this section. 
(2) Land transferred to the Secretary of the Interior under 
subsection (a)(1) or retained under subsection (b) shall be adminis-
tered as part of Prince William Forest Park in accordance with 
applicable laws and regulations. 
(e) AVAILABILITY OF MAP.—^The map described in subsection 
(a)(1) shall be on file and available for public inspection in the 
appropriate offices of the National Park Service, Department of 
the Interior. 
(f) CONFORMING AMENDMENTS.—The Act of June 22, 1948 
(Chapter 596; 62 Stat. 571), is amended— 
(1) by striking the first section and inserting the following 
new section: 
"SECTION 1. PRINCE WILLIAM FOREST PARK, VIRGINIA. 
"Chopawamsic Park, which was established in 
1933 as 
Chopawamsic Recreational Demonstration Area, shall be known 
as'Prince William Forest Park'."; 
(2) in section 2— 
(A) by striking "That all" and inserting "All"; and 
(B) by striking "the Chopawamsic Park" and inserting 
"Prince William Forest Park"; and 
(3) in section 3— 
(A) by striking "That the Secretary of the Interior 
and the Secretary of the Navy be, and they are hereby" 
and inserting "The Secretary of the Interior is"; and 
(B) by striking "the Chopawamsic Park" both places 
it appears and inserting "Prince William Forest Park". 
PART III—AIR FORCE CONVEYANCES 
SEC. 2841. MODIFICATION OF LAND CONVEYANCE, LOS ANGELES AIR 
FORCE BASE, CALIFORNIA. 
Section 2861(c) 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-433) is amended in the 
first sentence by striking "10 years" and inserting "30 years". 
SEC. 
2
8
4
2
. 
LAND 
EXCHANGE, 
BUCKLEY 
AIR 
FORCE 
BASE, 
COLORADO. 
(a) EXCHANGE AUTHORIZED.—For the purpose of facilitating 
the acquisition of real property suitable for the construction of 
military family housing for Buckley Air Force Base, Colorado, the 
Secretary of the Air Force may convey to the State of Colorado 
(in this section referred to as the "State") all right, title, and 
interest of the United States in and to a parcel of real property, 
including improvements thereon, consisting of all or part of the 
Watkins Communications Site in Arapahoe County, Colorado. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2725 
(b) CONSIDERATION.—(1) As consideration for the conveyance 
authorized by subsection (a) the State shall convey to the United 
States all right, title, and interest of the State in and to a parcel 
of real property, including improvements thereon, consisting of 
approximately 41 acres that is owned by the State and is contiguous 
to Buckley Air Force Base, Colorado. 
(2) The Secretary shall have jurisdiction over the real property 
conveyed under paragraph (1). 
(3) Upon conveyance to the United States under paragraph 
(1), the real property conveyed under that paragraph is withdrawn 
from all forms of appropriation under the general land laws, 
including the mining laws and mineral and geothermal leasing 
laws. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcels of real property to be conveyed under 
this section shall be determined by surveys satisfactory to the 
Secretary. 
(d) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2843. LAND CONVEYANCES, WENDOVER AIR FORCE BASE AUXIL-
IARY FIELD, NEVADA. 
(a) CONVEYANCES AUTHORIZED TO WEST WENDOVER, NEVADA.— 
(1) The Secretary of the Interior may convey, without consideration, 
to the City of West Wendover, Nevada, all right, title, and interest 
of the United States in and to the following: 
(A) The lands at Wendover Air Force Base Auxiliary Field, 
Nevada, identified in Easement No. AFMC-HL-2-00-334 that 
are determined by the Secretary of the Air Force to be no 
longer required. 
(B) The lands at Wendover Air Force Base Auxiliary Field 
identified for disposition on the map entitled "West Wendover, 
Nevada-Excess", dated January 5, 2001, that are determined 
by the Secretary of the Air Force to be no longer required. 
(2) The purposes of the conveyances under this subsection 
are— 
(A) to permit the establishment and maintenance of runway 
protection zones; and 
(B) to provide for the development of an industrial park 
and related infrastructure. 
(3) The map referred to in paragraph (1)(B) shall be on file 
and available for public inspection in the offices of the Director 
of the Bureau of Land Management and the Elko District Office 
of the Bureau of Land Management. 
(b) CONVEYANCE AUTHORIZED TO TOOELE COUNTY, UTAH.—(1) 
The Secretary of the Interior may convey, without consideration, 
to Tooele County, Utah, all right, title, and interest of the United 
States in and to the lands at Wendover Air Force Base Auxiliary 
Field identified in Easement No. AFMC-HL-2-00-318 that are 
determined by the Secretary of the Air Force to be no longer 
required. 
(2) The purpose of the conveyance under this subsection is 
to permit the establishment and maintenance of runway protection 
116 STAT. 2726 
PUBLIC LAW 107-314—DEC. 2, 2002 
zones and an aircraft accident potential protection zone as neces-
sitated by continued military aircraft operations at the Utah Test 
and Training Range. 
(c) PHASED CONVEYANCES.—^The land conveyances authorized 
by subsections (a) and (b) may be conducted in phases. To the 
extent practicable, the first phase of the conveyances should involve 
at least 3,000 acres. 
(d) MANAGEMENT OF CONVEYED LANDS.—^The lands conveyed 
under subsections (a) and (b) shall be managed by the City of 
West Wendover, Nevada, City of Wendover, Utah, Tooele County, 
Utah, and Elko County, Nevada— 
(1) in accordance with the provisions of an Interlocal Memo-
randum of Agreement entered into between the Cities of West 
Wendover, Nevada, and Wendover, Utah, Tooele County, Utah, 
and Elko County, Nevada, providing for the coordinated 
management and development of the lands for the economic 
benefit of both communities; and 
(2) in a manner that is consistent with such provisions 
of the easements referred to subsections (a) and (b) that, as 
jointly determined by the Secretary of the Air Force and Sec-
retary of the Interior, remain applicable and relevant to the 
operation and management of the lands following conveyance 
and are consistent with the provisions of this section. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary of the 
Air Force and the Secretary of the Interior may jointly require 
such additional terms and conditions in connection with the convey-
ances authorized by subsections (a) and (b) as the Secretaries con-
sider appropriate to protect the interests of the United States. 
Subtitle D—Other Matters 
SEC. 2851. MASTER PLAN FOR USE OF NAVY ANNEX, ARLINGTON, VIR-
GIP«A, 
(a) MODIFICATION OF AUTHORITY FOR TRANSFER FROM NAVY 
ANNEX.—Section 2881 of the Military Construction Authorization 
Act for Fiscal Year 2000 (113 Stat. 879) is amended— 
(1) in subsection (b)(2), as amended by section 2863(f) of 
the Military Construction Authorization Act for Fiscal Year 
2002 (division B of PubUc Law 107-107; 115 Stat. 1332), by 
striking "as a site for—" and all that follows and inserting 
"as a site for such other memorials or museums that the Sec-
retary considers compatible with Arlington National Cemetery 
and the Air Force Memorial."; and 
(2) in subsection (d)— 
(A) in paragraph (2), by striking "the recommendation 
(if any) of the Commission on the National Military 
Museum to use a portion of the Navy Annex property 
as the site for the National Military Museum" and inserting 
"the use of the acres reserved under subsection (b)(2) for 
a memorial or museum"; and 
(B) in paragraph (4), by striking "the date on which 
the Commission on the National Military Museum submits 
to Congress its report under section 2903" and inserting 
"the date of the enactment of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003". 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2727 
(b) CONSTRUCTION OF AMENDMENTS.—The amendments made 
by subsection (a) may not be construed to delay the establishment 
of the United States Air Force Memorial authorized by section 
2863 of the Military Construction Authorization Act for Fiscal Year 
2002 (division B of Public Law 107-107; 115 Stat. 1330). 
SEC. 2852. SALE OF EXCESS TREATED WATER AND WASTEWATER 
TREATMENT CAPACITY, MARINE CORPS BASE, CAMP 
LEJEUNE, NORTH CAROLINA. 
(a) SALE AUTHORIZED.—The Secretary of the Navy may provide 
to Onslow County, North Carolina, or any authority or political 
subdivision organized under the laws of North Carolina to provide 
public water or sewage services in Onslow County (in this section 
referred to as the "County^'), treated water and wastewater treat-
ment services from facilities at Marine Corps Base, Camp Lejeune, 
North Carolina, if the Secretary determines that the provision 
of these utility services is in the public interest and will not interfere 
with current or future operations at Camp Lejeune. 
(b) INAPPLICABILITY OF CERTAIN REQUIREMENTS.—Section 2686 
of title 10, United States Code, shall not apply to the provision 
of public water or sewage services authorized by subsection (a). 
(c) CONSIDERATION.—^As consideration for the receipt of public 
water or sewage services under subsection (a), the County shall 
pay to the Secretary an amount (in cash or in kind) equal to 
the fair market value of the services. Amounts received in cash 
shall be credited to the base operation and maintenance accounts 
of Camp Lejeune. 
(d) EXPANSION.—^The Secretary may make minor expansions 
and extensions and permit connections to the public water or sewage 
systems of the County in order to furnish the services authorized 
under subsection (a). The Secretary shall restrict the provision 
of services to the County to those areas in the County where 
residential development would be compatible with current and 
future operations at Camp Lejeune. 
(e) ADMINISTRATIVE EXPENSES.—(1) The Secretary may require 
the County to reimburse the Secretary for the costs incurred by 
the Secretary to provide public water or sewage services to the 
County under subsection (a). 
(2) Section 2695(c) of title 10 United States Code, shall apply 
to any amount received under this subsection. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the provision of public water or sewage services under this section 
as the Secretary considers appropriate to protect the interests of 
the United States. 
SEC. 
2853. 
CONVEYANCE 
OF 
REAL 
PROPERTY, 
ADAK 
NAVAL 
COMPLEX, 
ALASKA, 
AND 
RELATED 
LAND 
CONVEYANCES. 
Section 6 of the Act entitled "An Act to ratify an agreement 
between The Aleut Corporation and the United States of America 
to exchange land rights received under the Alaska Native Claims 
Settlement Act for certain land interests on Adak Island, and for 
other purposes.", approved October 11, 2002 (Public Law 107-239), Ante, p. 1490. 
is amended by adding at the end the following new subsection: 
"(f) For purposes of section 21(c) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1620(c)), all property received by the 
Aleut Corporation under this Act shall be given a tax basis equal 
116 STAT. 2728 
PUBLIC LAW 107-314—DEC. 2, 2002 
to fair value on the date of the transfer. Fair value shall be deter-
mined by replacement cost appraisal.". 
SEC. 2854. SPECIAL REQUIREMENT FOR ADDING MIUTARY INSTALLA-
TION TO CLOSURE LIST. 
Section 2914(d) of the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXDC of Public Law 101-510; 10 
U.S.C. 2687 note), as added by section 3003 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B 
115 Stat. 1346. 
of Public Law 107-107; 155 Stat, 1346), is amended— 
(1) by redesignating paragraph (5) as paragraph (6); and 
(2) by inserting after paragraph (4) the following new para-
graph (5): 
"(5) SITE VISIT.—In the report required under section 
2903(d)(2)(A) that is to be transmitted under paragraph (1), 
the Commission may not recommend the closure of a military 
installation not recommended for closure by the Secretary under 
subsection (a) unless at least two members of the Commission 
visit the installation before the date of the transmittal of the 
report.". 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3141. Annual assessments and reports to the President and Congress regard-
ing the condition of the United States nuclear weapons stockpile. 
Sec. 3142. Plans for achieving enhanced readiness posture for resumption by the 
United States of underground nuclear weapons tests. 
Sec. 3143. Requirements for specific request for new or modified nuclear weapons. 
Sec. 3144. Database to track notification and resolution phases of Significant Find-
ing Investigations. 
Sec. 3145. Defense environmental management cleanup reform program. 
Sec. 3146. Limitation on obligation of funds for Robust Nuclear Earth Penetrator 
program pending submission of report. 
Subtitle C—Proliferation Matters 
Sec. 3151. Transfer to National Nuclear Security Administration of Department of 
Defense's Cooperative Threat Reduction program relating to elimination 
of weapons grade plutonium production in Russia. 
Sec. 3152. Repeal of requirement for reports on obligation of funds for programs on 
fissile materials in Russia. 
Sec. 3153. Expansion of annual reports on status of nuclear materials protection, 
control, and accounting programs. 
Sec. 3154. Testing of preparedness for emergencies involving nuclear, radiological, 
chemical, or biological weapons. 
Sec. 3155. Cooperative program on research, development, and demonstration of 
technology regarding nuclear or radiological terrorism. 
Sec. 3156. Matters relating to the International Materials Protection, Control, and 
Accounting program of the Department of Energy. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2729 
Sec. 3157. Accelerated disposition of highly enriched uranium. 
Sec. 3158. Strengthened international security for nuclear materials and security of 
nuclear operations. 
Sec. 3159. Export control programs. 
Sec. 3160. Plan for accelerated return of weapons-usable nuclear materials. 
Sec. 3161. Sense of Congress on amendment of Convention on Physical Protection 
of Nuclear Materials. 
Sec. 3162. Sense of Congress on program to secure stockpiles of highly enriched 
uranium and plutonium. 
Subtitle D—Other Matters 
Sec. 3171. Indemnification of Department of Energy contractors. 
Sec. 3172. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico. 
Sec. 3173. Worker health and safety rules for Department of Energy nuclear facili-
ties. 
Sec. 3174. Extension of authority to appoint certain scientific, engineering, and 
technical personnel. 
Sec. 3175. One-year extension of panel to assess the reliability, safety, and security 
of the United States nuclear stockpile. 
Sec. 3176. Report on status of environmental management initiatives to accelerate 
the reduction of environmental risks and challenges posed by the legacy 
ofthe Cold War. 
Subtitle E—Disposition of Weapons-Usable Plutonium at Savannah River, 
South Carolina 
Sec. 3181. Findings. 
Sec. 3182. Disposition of weapons-usable plutonium at Savannah River Site. 
Sec. 3183. Study of facilities for storage of plutonium and plutonium materials at 
Savannah River Site. 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2003 for the activities of the National Nuclear Security 
Administration in carrying out programs necessary for national 
security in the amount of $8,038,490,000, to be allocated as follows: 
(1) For weapons activities, $5,901,641,000. 
(2) 
For 
defense 
nuclear 
nonproliferation 
activities, 
$1,104,130,000. 
(3) For naval reactors, $706,790,000. 
(4) For the Office of the Administrator for Nuclear Security, 
$325,929,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects as follows: 
(1) For weapons activities, the following new plant projects: 
Project 03-D-lOl, Sandia underground reactor facility 
(SURF), Sandia National Laboratories, Albuquerque, New 
Mexico, $2,000,000. 
Project 03-D-103, project engineering and design, var-
ious locations, $17,039,000. 
Project 03-D-121, gas transfer capacity 
expansion, 
Kansas City Plant, Kansas City, Missouri, $4,000,000. 
Project 03-D-122, prototype purification facility, Y-
12 plant. Oak Ridge, Tennessee, $20,800,000. 
Project 03-D-123, special nuclear materials 
requali-
fication, Pantex plant, Amarillo, Texas, $3,000,000. 
116 STAT. 2730 
PUBLIC LAW 107-314—DEC. 2, 2002 
(2) For naval reactors, the following new plant project: 
Project 03-D-201, cleanroom technology facility, Bettis 
Atomic Power Laboratory, West Mifflin, Pennsylvania, 
$7,200,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2003 for environmental management activities in car-
rying out programs necessary for national security in the amount 
of $6,759,846,000, to be allocated as follows: 
(1) For defense environmental restoration and waste 
management, $4,510,133,000. 
(2) For defense environmental management cleanup reform 
in carrying out environmental restoration and waste manage-
ment activities necessary for national security programs, 
$982,000,000. 
(3) For defense facilities closure projects, $1,109,314,000. 
(4) For defense environmental management privatization, 
$158,399,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—^From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects as follows: 
(1) For environmental restoration and waste management 
activities, the following new plant project: 
Project 
03-D-403, 
immobilized 
high-level 
waste 
interim storage facility, Richland, Washington, $6,363,000. 
(2) For defense environmental management cleanup reform, 
the following new plant project: 
Project 03-D-414, project engineering and design, var-
ious locations, $8,800,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2003 for other defense activities 
in carrjdng out programs necessary for national security in the 
amount of $462,664,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2003 for defense nuclear waste 
disposal for pa3nnent to the Nuclear Waste Fund established in 
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(c)) in the amount of $315,000,000. 
Subtitle B—Program Authorizations, 
Restrictions, and Limitations 
42 u s e 7274s. 
SEC. 3141. ANNUAL ASSESSMENTS AND REPORTS TO THE PRESIDENT 
AND CONGRESS REGARDING THE CONDITION OF THE 
UNITED STATES NUCLEAR WEAPONS STOCKPILE. 
(a) ANNUAL ASSESSMENTS REQUIRED.—For each nuclear weapon 
type in the stockpile of the United States, each official specified 
in subsection (b) on an annual basis shall, to the extent such 
official is directly responsible for the safety, reliability, performance. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2731 
or military effectiveness of that nuclear weapon type, complete 
an assessment of the safety, reliability, performance, or military 
effectiveness (as the case may be) of that nuclear weapon type. 
(b) COVERED OFFICIALS.—The officials referred to in subsection 
(a) are the following: 
(1) The head of each national security laboratory. 
(2) The commander of the United States Strategic Com-
mand. 
(c) USE OF TEAMS OF EXPERTS FOR ASSESSMENTS.—The head 
of each national security laboratory shall establish and use one 
or more teams of experts, known as "red teams", to assist in 
the assessments required by subsection (a). Each such team shall 
include experts from both of the other national security laboratories. 
Each such team for a national security laboratory shall— 
(1) review the matters covered by the assessments under 
subsection (a) performed by the head of that laboratory; 
(2) subject such matters to challenge; and 
(3) submit the results of such review and challenge, 
together with the findings and recommendations of such team 
with respect to such review and challenge, to the head of 
that laboratory. 
(d) REPORT ON ASSESSMENTS.—Not later than December 1 of Deadline, 
each year, each official specified in subsection (b) shall submit 
to the Secretary concerned, and to the Nuclear Weapons Council, 
a report on the assessments that such official was required by 
subsection (a) to complete. The report shall include the following: 
(1) The results of each such assessment. 
(2)(A) Such official's determination as to whether or not 
one or more underground nuclear tests are necessary to resolve 
any issues identified in the assessments and, if so— 
(i) an identification of the specific underground nuclear 
tests that are necessary to resolve such issues; and 
(ii) a discussion of why options other than an under-
ground nuclear test are not available or would not resolve 
such issues. 
(B) An identification of the specific underground nuclear 
tests which, while not necessary, might have value in resolving 
any such issues and a discussion of the anticipated value of 
conducting such tests. 
(C) Such official's determination as to the readiness of 
the United States to conduct the underground nuclear tests 
identified under subparagraphs (A)(i) and (B), if directed by 
the President to do so. 
(3) In the case of a report submitted by the head of a 
national security laboratory— 
(A) a concise statement regarding the adequacy of the 
science-based tools and methods being used to determine 
the matters covered by the assessments; 
(B) a concise statement regarding the adequacy of the 
tools and methods employed by the manufacturing infra-
structure required by section 3137 of the National Defense 
Authorization Act for Fiscal Year 1996 (42 U.S.C. 2121 
note) to identify and fix any inadequacy with respect to 
the matters covered by the assessments; and 
(C) a concise summary of the findings and rec-
ommendations of any teams under subsection (c) that relate 
116 STAT. 2732 
PUBLIC LAW 107-314—DEC. 2, 2002 
to the assessments, together with a discussion of those 
findings and recommendations. 
(4) In the case of a report submitted by the Commander 
of the United States Strategic Command, a discussion of the 
relative merits of other nuclear weapon types (if any), or 
compensatory measures (if any) that could be taken, that could 
enable accomplishment of the missions of the nuclear weapon 
types to which the assessments relate, should such assessments 
identify any deficiency with respect to such nuclear weapon 
types. 
(5) An identification and discussion of any matter having 
an adverse effect on the capability of the official submitting 
the report to accurately determine the matters covered by the 
assessments. 
Deadline. 
(e) SUBMITTALS TO THE PRESIDENT AND CONGRESS.—(1) Not 
later than March 1 of each year, the Secretary of Defense and 
the Secretary of Energy shall submit to the President— 
(A) each report, without change, submitted to either Sec-
retary under subsection (d) during the preceding year; 
(B) any comments that the Secretaries individually or 
jointly consider appropriate with respect to each such report; 
(C) the conclusions that the Secretaries individually or 
jointly reach as to the safety, reliability, performance, and 
military effectiveness of the nuclear weapons stockpile of the 
United States; and 
(D) any other information that the Secretaries individually 
or jointly consider appropriate. 
(2) Not later than March 15 of each year, the President shall 
forward to Congress the matters received by the President under 
paragraph (1) for that year, together with any comments the Presi-
dent considers appropriate. 
(f) CLASSIFIED FORM.—Each submittal under subsection (e) 
shall be in classified form only, with the classification level required 
for each portion of such submittal marked appropriately. 
(g) DEFINITIONS.—In this section: 
(1) The term "national security laboratory" has the meaning 
given such term in section 3281 of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2471). 
(2) The term "Secretary concerned" means— 
(A) the Secretary of Energy, with respect to matters 
concerning the Department of Energy; and 
(B) the Secretary of Defense, with respect to matters 
concerning the Department of Defense. 
(h) FIRST SUBMISSIONS.—(1) The first submissions made under 
subsection (d) shall be the submissions required to be made in 
2003. 
(2) The first submissions made under subsection (e) shall be 
the submissions required to be made in 2004. 
SEC. 3142. PLANS FOR ACHIEVING ENHANCED READINESS POSTURE 
FOR RESUMPTION BY THE UNITED STATES OF UNDER-
GROUND NUCLEAR WEAPONS TESTS. 
(a) PLANS REQUIRED.—The Secretary of Energy, in consultation 
with the Administrator for Nuclear Security, shall prepare plans 
for achieving, not later than one year after the date on which 
the plans are submitted under subsection (c), readiness postures 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2733 
of six months, 12 months, 18 months, and 24 months for resumption 
by the United States of underground nuclear weapons tests. 
(b) READINESS POSTURE.—For purposes of this section, a readi-
ness posture of a specified number of months for resumption by 
the United States of underground nuclear weapons tests is achieved 
when the Department of Energy has the capability to resume such 
tests, if directed by the President to resume such tests, not later 
than the specified number of months after the date on which the 
President so directs. 
(c) REPORT.—The Secretary shall include with the budget jus-
tification materials submitted to Congress in support of the Depart-
ment of Energy budget for fiscal year 2004 (as submitted with 
the budget of the President under section 1105(a) of title 31, United 
States Code) a report on the plans required by subsection (a). 
The report shall include— 
(1) an assessment of the current readiness posture for 
resumption by the United States of underground nuclear 
weapons tests; 
(2) the plans required by subsection (a) and, for each such 
plan, the estimated cost for implementing such plan and an 
estimate of the annual cost of maintaining the readiness posture 
to which the plan relates; and 
(3) the recommendation of the Secretary, developed in con-
sultation with the Secretary of Defense, as to the optimal 
readiness posture for resumption by the United States of under-
ground nuclear weapons tests, including the basis for that 
recommendation. 
SEC. 3143. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR 
42 USC 7271d. 
MODIFIED NUCLEAR WEAPONS. 
(a) REQUIREMENT FOR REQUEST FOR FUNDS FOR DEVELOP-
MENT.—(1) In any fiscal year after fiscal year 2002 in which the 
Secretary of Energy plans to carry out activities described in para-
graph (2) relating to the development of a new nuclear weapon 
or modified nuclear weapon, the Secretary shall specifically request 
funds for such activities in the budget of the President for that 
fiscal year under section 1105(a) of title 31, United States Code. 
(2) The activities described in this paragraph are as follows: 
(A) The conduct, or provision for conduct, of research and 
development which could lead to the production of a new 
nuclear weapon by the United States. 
(B) The conduct, or provision for conduct, of engineering 
or manufacturing to carry out the production of a new nuclear 
weapon by the United States. 
(C) The conduct, or provision for conduct, of research and 
development which could lead to the production of a modified 
nuclear weapon by the United States. 
(D) The conduct, or provision for conduct, of engineering 
or manufacturing to carry out the production of a modified 
nuclear weapon by the United States. 
(b) BUDGET REQUEST FORMAT.—The Secretary shall include 
in a request for funds under subsection (a) the following: 
(1) In the case of funds for activities described in subpara-
graph (A) or (C) of subsection (a)(2), a single dedicated line 
item for all such activities for new nuclear weapons or modified 
nuclear weapons that are in phase 1, 2, or 2A or phase 6.1, 
6.2, or 6.2A (as the case may be), or any concept work prior 
116 STAT. 2734 
PUBLIC LAW 107-314—DEC. 2, 2002 
to phase 1 or 6.1 (as the case may be), of the nuclear weapons 
acquisition process. 
(2) In the case of funds for activities described in subpara-
graph (B) or (D) of subsection (a)(2), a dedicated Hne item 
for each such activity for a new nuclear weapon or modified 
nuclear weapon that is in phase 3 or higher or phase 6.3 
or higher (as the case may be) of the nuclear weapons acquisi-
tion process. 
(c) EXCEPTION.—Subsection (a) shall not apply to funds for 
purposes of conducting, or providing for the conduct of, research 
and development, or manufacturing and engineering, determined 
by the Secretary to be necessary— 
(1) for the nuclear weapons life extension program; 
(2) to modify an existing nuclear weapon solely to address 
safety or reliability concerns; or 
(3) to address proliferation concerns. 
(d) DEFINITIONS.—In this section: 
(1) The term "life extension program" means the program 
to repair or replace non-nuclear components, or to modify the 
pit or canned subassembly, of nuclear weapons that are in 
the nuclear weapons stockpile on the date of the enactment 
of this Act in order to assure that such nuclear weapons retain 
the ability to meet the military requirements applicable to 
such nuclear weapons when first placed in the nuclear weapons 
stockpile. 
(2) The term "modified nuclear weapon" means a nuclear 
weapon that contains a pit or canned subassembly, either of 
which— 
(A) is in the nuclear weapons stockpile as of the date 
of the enactment of this Act; and 
(B) is being modified in order to meet a military 
requirement that is other than the military requirements 
applicable to such nuclear weapon when first placed in 
the nuclear weapons stockpile. 
(3) The term "new nuclear weapon" means a nuclear 
weapon that contains a pit or canned subassembly, either of 
which is neither— 
(A) in the nuclear weapons stockpile on the date of 
the enactment of this Act; nor 
(B) in production as of that date. 
SEC. 3144. DATABASE TO TRACK NOTIFICATION AND RESOLUTION 
PHASES OF SIGNIFICANT FINDING INVESTIGATIONS. 
(a) AVAILABILITY OF FUNDS FOR DATABASE.—^Amounts author-
ized to be appropriated by section 3101(a)(1) for the National 
Nuclear Security Administration for weapons activities shall be 
available to the Deputy Administrator for Nuclear Security for 
Defense Programs for the development and implementation of a 
database for all national security laboratories to track the notifica-
tion and resolution phases of Significant Finding Investigations 
(SFIs). The purpose of the database is to facilitate the monitoring 
' of the progress and accountability of the national security labora-
tories in Significant Finding Investigations. 
(b) IMPLEMENTATION DEADLINE.—^The database required by sub-
section (a) shall be implemented not later than September 30, 
2003. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2735 
(c) NATIONAL SECURITY LABORATORY DEFINED.—In this section, 
the term "national security laboratory" has the meaning given 
that term in section 3281(1) of the National Nuclear Security 
Administration Act (title XXXII of PubHc Law 106-65; 113 Stat. 
968; 50 U.S.C. 2471(1)). 
SEC. 
3145. DEFENSE 
ENVIRONMENTAL MANAGEMENT 
CLEANUP 
REFORM PROGRAM. 
(a) PROGRAM REQUIRED.—From funds made available pursuant 
to section 3102(a)(2) for defense environmental 
management 
cleanup reform, the Secretary of Energy shall carry out a program 
to reform DOE environmental management activities. In carrying 
out the program, the Secretary shall allocate, to each site for 
which the Secretary has submitted to the congressional defense 
committees a site performance management plan, the amount of 
those funds that such plan requires. 
(b) TRANSFER AND MERGER OF FUNDS.—(1) Funds so allocated 
shall, notwithstanding section 3624, be transferred to the account 
for DOE environmental management activities and, subject to para-
graph (2) and subsection (c), shall be merged with and be available 
for the same purposes and for the same period as the funds available 
in such account. The authority provided by section 3629 shall apply 
to funds so transferred. 
(2) No funds so allocated may be obligated or expended until 
30 days after the Secretary submits to the congressional defense 
committees a description of the activities to be carried out at each 
site to which funds are so allocated. 
(c) LIMITATION ON USE OF ALL MERGED FUNDS.—Upon a 
transfer and merger of funds under subsection (b), all funds in 
the merged account that are available with respect to the site 
may be used only to carry out the site performance management 
plan for the site. 
(d) SITE PERFORMANCE MANAGEMENT PLAN DEFINED.—For pur-
poses of this section, a site performance management plan for 
a site is a plan, agreed to by the applicable Federal and State 
agencies with regulatory jurisdiction with respect to the site, for 
the performance of activities to accelerate the reduction of environ-
mental risk in connection with, and to accelerate the environmental 
cleanup of, the site. 
(e) DOE ENVIRONMENTAL MANAGEMENT ACTIVITIES DEFINED.— 
For purposes of this section, the term "DOE environmental manage-
ment activities" means environmental restoration and waste 
management activities of the Department of Energy in carrying 
out programs necessary for national security. 
SEC. 3146. LIMITATION ON OBLIGATION OF FUNDS FOR ROBUST 
NUCLEAR EARTH PENETRATOR PROGRAM PENDING 
SUBMISSION OF REPORT. 
(a) REPORT-AND-WAIT REQUIREMENT.—None of the funds made 
available to the Secretary of Energy for fiscal year 2003 for the 
Robust Nuclear Earth Penetrator program may be obligated until— 
(1) the Secretary of Defense submits to the Committees 
on Armed Services of the Senate and House of Representatives 
a report described in subsection (b); and 
(2) a period of 30 days has passed after such report is 
received by those committees. 
(b) REPORT.—A report under subsection (a)(1) is a report on 
the Robust Nuclear Earth Penetrator program, prepared by the 
116 STAT. 2736 
PUBLIC LAW 107-314—DEC. 2, 2002 
Secretary of Defense in consultation with the Secretary of Energy, 
that sets forth the following: 
(1) The military requirements for the Robust Nuclear Earth 
Penetrator. 
(2) The nuclear weapons emplo3rment policy regarding the 
Robust Nuclear Earth Penetrator. 
(3) A detailed description of the categories or types of 
targets that the Robust Nuclear Earth Penetrator is designed 
to hold at risk. 
(4) An assessment of the ability of conventional weapons 
to defeat the same categories and types of targets as are 
described pursuant to paragraph (3). 
Subtitle C—Proliferation Matters 
22 use 5952 
SEC. 3151. TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRA-
note. 
TION OF DEPARTMENT OF DEFENSE'S 
COOPERATIVE 
THREAT REDUCTION PROGRAM RELATING TO ELIMI-
NATION OF WEAPONS GRADE PLUTONIUM PRODUCTION 
IN RUSSIA. 
(a) TRANSFER OF PROGRAM.—^There are hereby transferred to 
the Administrator for Nuclear Security the following: 
(1) The program, within the Cooperative Threat Reduction 
program of the Department of Defense, relating to the elimi-
nation of weapons grade plutonium production in Russia. 
(2) All functions, powers, duties, and activities of that 
program performed before the date of the enactment of this 
Act by the Department of Defense. 
(b) TRANSFER OF ASSETS.—(1) Notwithstanding any restriction 
or limitation in law on the availability of Cooperative Threat Reduc-
tion funds specified in paragraph (2), so much of the property, 
records, and unexpended balances of appropriations, allocations, 
and other funds employed, used, held, available, or to be made 
available in connection with the program transferred by subsection 
(a) are transferred to the Administrator for use in connection with 
the program transferred. 
(2) The Cooperative Threat Reduction funds specified in this 
paragraph are the following: 
(A) Fiscal year 2002 Cooperative Threat Reduction funds, 
as specified in section 1301(b) of the National Defense 
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
115 Stat. 1254; 22 U.S.C. 5952 note). 
(B) Fiscal year 2001 Cooperative Threat Reduction funds, 
as specified in section 1301(b) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted 
into law by PubHc Law 106-398; 114 Stat. 1654A-339; 22 
U.S.C. 5959 note). 
(C) Fiscal year 2000 Cooperative Threat Reduction funds, 
as specified in section 1301(b) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
113 Stat. 792; 22 U.S.C. 5952 note). 
(c) AVAILABILITY OF TRANSFERRED FUNDS.—(1) Notwithstanding 
any restriction or limitation in law on the availability of Cooperative 
Threat Reduction funds specified in subsection (b)(2), the Coopera-
tive Threat Reduction funds transferred under subsection (b) for 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2737 
the program referred to in subsection (a) shall be available for 
activities as follows: 
(A) To design and construct, refurbish, or both, fossil fuel 
energy plants in Russia that provide alternative sources of 
energy to the energy plants in Russia that produce weapons 
grade plutonium. 
(B) To carry out limited safety upgrades of not more than 
three energy plants in Russia that produce weapons grade 
plutonium, provided that such upgrades do not extend the 
life of those plants. 
(2) Amounts available under paragraph (1) for activities 
referred to in that paragraph shall remain available for obligation 
for three fiscal years. 
(d) LIMITATION.—(1) Of the amounts authorized to be appro-
priated by this title or any other Act for the program referred 
to in subsection (a), the Administrator for Nuclear Security may 
not obligate any funds for construction, or obligate or expend more 
than $100,000,000 for that program, until 30 days after the later 
of— 
(A) the date on which the Administrator submits to the 
congressional defense committees, the Committee on Inter-
national Relations of the House of Representatives, and the 
Committee on Foreign Relations of the Senate, a copy of an 
agreement or agreements entered into between the United 
States Government and the Government of the Russian Federa-
tion to shut down the three plutonium-producing reactors in 
Russia as specified under paragraph (2); and 
(B) the date on which the Administrator submits to the 
committees specified in subparagraph (A) a report on a plan 
to achieve international participation in the program referred 
to in subsection (a), including cost sharing. 
(2) The agreement (or agreements) under paragraph (1)(A) shall 
contain— 
(A) a commitment to shut down the three plutonium-pro-
ducing reactors; 
(B) the date on which each such reactor will be shut down; 
(C) a schedule and milestones for each such reactor to 
complete the shutdown of such reactor by the date specified 
under subparagraph (B); 
(D) a schedule and milestones for refurbishment 
or 
construction of fossil fuel energy plants to be undertaken by 
the Government of the Russian Federation in support of the 
program; 
(E) an arrangement for access to sites and facilities nec-
essary to meet such schedules and milestones; 
(F) an arrangement for audit and examination procedures 
in order to evaluate progress in meeting such schedules and 
milestones; and 
(G) any cost sharing arrangements between the United 
States Grovernment and the Government of the Russian Federa-
tion in undertaking activities under such agreement (or agree-
ments). 
116 STAT. 2738 
PUBLIC LAW 107-314—DEC. 2, 2002 
SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OBUGATION 
OF FUNDS FOR PROGRAMS ON FISSILE MATERIALS IN 
RUSSIA. 
Section 3131 of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 617; 22 U.S.C. 
5952 note) is amended— 
(1) in subsection (a), by striking "(a) AUTHORITY.—^"; and 
(2) by striking subsection (b). 
SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR 
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING 
PROGRAMS. 
(a) COVERED PROGRAMS.—Subsection (a) of section 3171 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-475; 22 U.S.C. 5952 note) is amended by striking "Russia 
that" and inserting "countries where such materials". 
(b) REPORT CONTENTS.—Subsection (b) of that section is 
amended— 
(1) in paragraph (1) by inserting "in each country covered 
by subsection (a)" after "locations,"; 
(2) in paragraph (2), by striking "in Russia" and inserting 
"in each such country"; 
(3) in paragraph (3), by inserting "in each such country" 
after "subsection (a)"; and 
(4) in paragraph (5), by striking "by total amount and 
by amount per fiscal year" and inserting "by total amount 
per country and by amount per fiscal year per country. 
SEC. 3154. TESTING OF PREPAREDNESS FOR EMERGENCIES 
INVOLVING NUCLEAR, RADIOLOGICAL, CHEMICAL, OR 
BIOLOGICAL WEAPONS. 
(a) EXTENSION OF TESTING.—Section 1415 of the Defense 
Against Weapons of Mass Destruction Act of 1996 (title XIV of 
Public Law 104-201; 110 Stat. 2720; 50 U.S.C. 2315) is amended— 
(1) in subsection (a)(2), by striking "of five successive fiscal 
years beginning with fiscal year 1997" and inserting "of fiscal 
years 1997 through 2013"; and 
(2) in subsection (b)(2), by striking "of five successive fiscal 
years beginning with fiscal year 1997" and inserting "of fiscal 
years 1997 through 2013". 
50 use 2315 
(b) CONSTRUCTION OF EXTENSION WiTH DESIGNATION OF 
note. 
ATTORNEY GENERAL AS LEAD OFFICIAL.—The amendments made 
by subsection (a) may not be construed as modifying the designation 
of the President titled "Designation of the Attorney General as 
the Lead Official for the Emergency Response Assistance Program 
Under Sections 1412 and 1415 of the National Defense Authoriza-
tion Act for Fiscal Year 1997", dated April 6, 2000, designating 
the Attorney General to assume programmatic and funding respon-
sibilities for the Emergency Response Assistance Program under 
sections 1412 and 1415 of the Defense Against Weapons of Mass 
Destruction Act of 1996 (title XIV of the National Defense 
Authorization Act for Fiscal Year 1997). 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2739 
SEC. 3155. COOPERATIVE PROGRAM ON RESEARCH, DEVELOPMENT, 50 USC 2315 
AND DEMONSTRATION OF TECHNOLOGY REGARDING note. 
NUCLEAR OR RADIOLOGICAL TERRORISM. 
(a) PROGRAM REQUIRED.—The Administrator for Nuclear Secu-
rity shall carry out with the Russian Federation a cooperative 
program on the research, development, and demonstration of tech-
nologies for protection from and response to nuclear or radiological 
terrorism. 
(b) PROGRAM ELEMENTS.—In carrying out the program required 
by subsection (a), the Administrator shall— 
(1) conduct research and development of technology for 
protection from nuclear or radiological terrorism, including 
technology for the detection, identification, assessment, control, 
and disposition of radiological materials that could be used 
for nuclear terrorism; and 
(2) provide, where feasible, for the demonstration to other 
countries of technologies or methodologies on matters relating 
to nuclear or radiological terrorism, including— 
(A) the demonstration of technologies developed under 
the program to respond to nuclear or radiological terrorism; 
(B) the demonstration of technologies developed under 
the program for the disposal of radioactive materials; 
(C) the demonstration of methodologies developed 
under the program for use in evaluating the radiological 
threat of radiological sources identified as not under cur-
rent accounting programs in the audit report of the 
Inspector General of the Department of Energy titled 
"Accounting for Sealed Sources of Nuclear Material Pro-
vided to Foreign Countries" (DOE/IG-0546); 
(D) in coordination with the Nuclear Regulatory 
Commission, the demonstration of methodologies developed 
under the program to facilitate the development of a regu-
latory framework for licensing and controlling radioactive 
sources; and 
(E) in coordination with the Office of Environment, 
Safety, and Health of the Department of Energy, the dem-
onstration of methodologies developed under the program 
to facilitate development of consistent criteria for screening 
international transfers of radiological materials. 
(c) CONSULTATION.—In carrying out activities in accordance 
with subsection (b)(2), the Administrator shall consult with— 
(1) the Secretary of Defense, Secretary of State, and Sec-
retary of Commerce; and 
(2) the International Atomic Energy Agency. 
(d) AMOUNT FOR ACTIVITIES.—Of the amount authorized to 
be appropriated by section 3101(a)(2) for the Department of Energy 
for the National Nuclear Security Administration for defense 
nuclear nonproliferation, up to $15,000,000 may be available for 
carrying out this section. 
SEC. 3156. MATTERS RELATING TO THE INTERNATIONAL MATERLVLS 50 USC 2343. 
PROTECTION, CONTROL, AND ACCOUNTING PROGRAM 
OF THE DEPARTMENT OF ENERGY. 
(a) RADIOLOGICAL DISPERSAL DEVICE MATERIALS PROTECTION, 
CONTROL, AND ACCOUNTING.—^The Secretary of Energy may estab-
lish within the International Materials Protection, Control, and 
Accounting program of the Department of Energy a program on 
116 STAT. 2740 
PUBLIC LAW 107-314—DEC. 2, 2002 
the protection, control, and accounting of materials usable in radio-
logical dispersal devices. In establishing such program, the Sec-
retary shall— 
(1) identify the sites and radiological materials to be cov-
ered by such program; 
(2) carry out a risk assessment of such radiological mate-
rials; and 
(3) identify and establish the costs of and schedules for 
such program. 
(b) REVISED FOCUS FOR MATERIALS PROTECTION, CONTROL, AND 
ACCOUNTING PROGRAM OF RUSSIAN FEDERATION.—(1) The Secretary 
of Energy shall work cooperatively with the Russian Federation 
to develop, as soon as practicable but not later than January 1, 
2013, a sustainable nuclear materials protection, control, and 
accounting system for the nuclear materials of the Russian Federa-
tion that is supported solely by the Russian Federation. 
(2) The Secretary shall work with the Russian Federation to 
identify various alternatives to provide the United States adequate 
transparency in the nuclear materials protection, control, and 
accounting program of the Russian Federation to assure that such 
program is meeting applicable goals for nuclear materials protec-
tion, control, and accounting. 
(c) AMOUNT FOR ACTIVITIES.—Of the amount authorized to be 
appropriated by section 3101(a)(2) for the Department of Energy 
for the National Nuclear Security Administration for defense 
nuclear nonproliferation, up to $5,000,000 may be available for 
carrying out this section. 
22 use 5952 
SEC. 3157. ACCELERATED DISPOSITION OF HIGHLY ENRICHED URA-
note. 
NIUM. 
(a) PROGRAM ON ACCELERATED DISPOSITION OF H E U AUTHOR-
IZED.—XI) The Secretary of Energy may carry out a program to 
pursue with the Russian Federation options for blending highly 
enriched uranium so that the concentration of U-235 in such ura-
nium is below 20 percent. 
(2) The options pursued under paragraph (1) shall include 
expansion of the Material Consolidation and Conversion program 
of the Department of Energy to include— 
(A) additional facilities for the blending of highly enriched 
uranium; and 
(B) additional centralized secure storage facilities for highly 
enriched uranium designated for blending. 
(3) Any site selected for the storage of uranium or blended 
material under paragraph (2)(B) shall undergo complete materials 
protection, control, and accounting upgrades before the commence-
ment of the storage of uranium or blended material at such site 
under the program. 
(b) 
CONSTRUCTION WITH 
HEU 
DISPOSITION 
AGREEMENT.— 
Nothing in this section may be construed as terminating, modifjang, 
or otherwise affecting requirements for the disposition of highly 
enriched uranium under the Agreement Between the Government 
of the United States of America and the Government of the Russian 
Federation Concerning the Disposition of Highly Enriched Uranium 
Extracted from Nuclear Weapons, signed at Washington on Feb-
ruary 18, 1993. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2741 
(c) LIMITATION ON RELEASE FOR SALE OF BLENDED URANIUM.— 
Uranium blended under this section may not be released for sale 
until the earlier of— 
(1) January 1, 2014; or 
(2) the date on which the Secretary certifies that such 
uranium can be absorbed into the global market without undue 
disruption to the uranium mining, conversion, and enrichment 
industry in the United States. 
(d) AMOUNT FOR ACTIVITIES.—Of the amount to be appropriated 
by section 3101(a)(2) for the Department of Energy for the National 
Nuclear Security Administration for defense nuclear nonprolifera-
tion, up to $10,000,000 may be available for carrying out this 
section. 
SEC. 3158. STRENGTHENED INTERNATIONAL SECURITY FOR NUCLEAR 
50 USC 2344. 
MATERIALS AND SECURITY O F NUCLEAR OPERATIONS. 
(a) REPORT ON OPTIONS FOR INTERNATIONAL PROGRAM TO 
STRENGTHEN SECURITY.—(1) Not later than 270 days after the Deadline, 
date of the enactment of this Act, the Secretary of Energy shall 
submit to Congress a report on options for an international program 
to develop strengthened security for nuclear reactors and associated 
materials outside the United States. 
(2) In evaluating options for purposes of the report, the Sec-
retary shall consult with the Nuclear Regulatory Commission and 
the International Atomic Energy Agency on the feasibility and 
advisability of actions to reduce the risks associated with terrorist 
attacks on nuclear reactors outside the United States. 
(b) JOINT PROGRAMS WITH RUSSIA ON PROLIFERATION-RESIST-
ANT NUCLEAR ENERGY TECHNOLOGIES.—(1) The Secretary shall 
pursue with the Ministry of Atomic Energy of the Russian Federa-
tion joint programs between the United States and the Russian 
Federation on the development of proliferation-resistant nuclear 
energy technologies, including advanced fuel cycles. 
(2) Of the amount authorized to be appropriated by section 
3101(a)(2) for the Department of Energy for the National Nuclear 
Security Administration for defense nuclear nonproliferation, up 
to $10,000,000 may be available for carrying out the joint programs 
referred to in paragraph (1). 
(c) ASSISTANCE REGARDING HOSTILE INSIDERS.—The Secretary 
may, utilizing appropriate expertise of the Department of Energy 
and the Nuclear Regulatory Commission, provide technical assist-
ance to nuclear reactor facilities outside the United States with 
respect to the interdiction of hostile insiders at such facilities in 
order to prevent incidents arising from the disablement of the 
vital systems of such facilities. 
SEC 3159. EXPORT C O N T R O L PROGRAMS. 
50 USC 2345. 
(a) AUTHORITY TO PURSUE 
OPTIONS FOR STRENGTHENING 
EXPORT CONTROL PROGRAMS.—The Secretary of Energy, in coordina-
tion with the Secretary of State, may pursue in the region of 
the former Soviet Union and other regions of concern options for 
accelerating programs that assist the countries in such regions 
in improving their domestic export control programs for materials, 
technologies, and expertise relevant to the construction or use of 
a nuclear or radiological dispersal device. 
(b) AMOUNT FOR ACTIVITIES.—Of the amount authorized to 
be appropriated by section 3101(a)(2) for the Department of Energy 
for the National Nuclear Security Administration for defense 
116 STAT. 2742 
PUBLIC LAW 107-314—DEC. 2, 2002 
nuclear nonproliferation, up to $5,000,000 may be available for 
carrying out this section. 
22 use 5952 
SEC. 3160. PLAN FOR ACCELERATED RETURN OF WEAPONS-USABLE 
note. 
NUCLEAR MATERLVLS. 
(a) PLAN FOR ACCELERATED RETURN.—The Secretary of Energy 
shall work with the Russian Federation to develop a plan to accel-
erate the return to Russia of all weapons-usable nuclear materials 
located in research reactors and other facilities outside Russia that 
were supplied by the former Soviet Union. 
(b) FUNDING AND SCHEDULES.—AS part of the plan under sub-
section (a), the Secretary shall identify the funding and schedules 
required to assist the research reactors and facilities referred to 
in that subsection in— 
(1) transferring highly enriched uranium to Russia; and 
(2) upgrading the materials protection, control, and 
accounting procedures at such research reactors and facilities 
until the weapons-usable nuclear materials in such reactors 
and facilities are returned in accordance with that subsection. 
(c) COORDINATION.—^The provision of assistance under sub-
section (b) shall be closely coordinated with the International Atomic 
Energy Agency. 
SEC. 3161. SENSE OF CONGRESS ON AMENDMENT OF CONVENTION 
ON PHYSICAL PROTECTION OF NUCLEAR MATERIALS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the President should encourage amendment of the Convention on 
the Physical Protection of Nuclear Materials in order to provide 
that the Convention shall— 
(1) apply to both the domestic and international use and 
transport of nuclear materials; 
(2) incorporate fundamental practices for the physical 
protection of such materials; and 
(3) address protection against sabotage involving nuclear 
materials. 
(b) CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR 
MATERIAL DEFINED.—In this section, the term "Convention on the 
Physical Protection of Nuclear Materials" means the Convention 
on the Physical Protection of Nuclear Materials, With Annex, done 
at Vienna on October 26, 1979. 
SEC. 3162. SENSE OF CONGRESS ON PROGRAM TO SECURE STOCKPILES 
OF HIGHLY ENRICHED URANIUM AND PLUTONIUM. 
It is the sense of Congress that the Secretary of Energy should, 
in consultation with the Secretary of State and Secretary of Defense, 
develop a comprehensive program of activities to encourage all 
countries with nuclear materials to adhere to, or to adopt standards 
equivalent to, the International Atomic Energy Agency standard 
on The Physical Protection of Nuclear Material and Nuclear Facili-
ties (INFCIRC/225/Rev.4), relating to the security of stockpiles of 
highly enriched uranium (HEU) and plutonium (Pu). 
PUBLIC LAW 107-314—DEC. 2, 2002 
Subtitle D—Other Matters 
116 STAT. 2743 
SEC. 3171. INDEMNIFICATION OP DEPARTMENT OF ENERGY CONTRAC-
TORS. 
Section 170 d.(l)(A) of the Atomic Energy Act of 1954 (42 
U.S.C. 2210(d)(1)(A)) is amended by striking "until August 1, 2002," 
and inserting "until December 31, 2004,". 
SEC. 3172. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF 
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO. 
(a) SUPPORT FOR FISCAL YEAR 2003.—From amounts authorized 
to be appropriated to the Secretary of Energy by this title, 
$6,900,000 shall be available for pa3Tnent by the Secretary for 
fiscal year 2003 to the Los Alamos National Laboratory Foundation, 
a not-for-profit foundation chartered as described in section 3167(a) 
of the National Defense Authorization Act for Fiscal Year 1998 
(Pubhc Law 105-85; 111 Stat. 2052). 
(b) USE OF FUNDS.—^The foundation referred to in subsection 
(a) shall— 
(1) utilize funds provided under this section as a contribu-
tion to the endowment fund for the foundation; and 
(2) use the income generated from investments in the 
endowment fund that are attributable to the pa3anent made 
under this section to fund programs to support the educational 
needs of children in the public schools in the vicinity of Los 
Alamos National Laboratory, New Mexico. 
(c) REPEAL OF SUPERSEDED AUTHORITY AND MODIFICATION OF 
AUTHORITY TO EXTEND CONTRACT.—(1) Subsection (b) of section 
3136 of the National Defense Authorization Act for Fiscal Year 
2002 (Public Law 107-107; 115 Stat. 1368) is amended to read 
as follows: 
"(b) SUPPORT FOR FISCAL YEARS 2003 THROUGH 2005.—Subject 
to the availability of appropriations, the Secretary may provide 
for a contract extension through fiscal year 2005 similar to the 
contract extension referred to in subsection (a)(2).". 
(2) The amendment made by paragraph (1) shall take effect 
Effective date. 
on October 1, 2002. 
(d) REPORT.—(1) The Secretary of Energy, in consultation with 
the Administrator for Nuclear Security, shall conduct a study of 
options for funding the contract extension authorized by subsection 
(b) of such section 3136 (as amended by subsection (c)) other than 
through annual appropriations. The study should also include 
options for providing cost of living adjustments to teachers in the 
public schools in the vicinity of Los Alamos National Laboratory, 
New Mexico, other than through such contract extension. 
(2) Not later than December 31, 2003, the Secretary shall Deadline, 
submit to the congressional defense committees a report on the 
study conducted under paragraph (1). The report shall set forth 
the findings and conclusions of the study, together with any rec-
ommendations as a result of the study. 
SEC. 3173. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT 
OF ElVERGY NUCLEAR FACILITIES. 
(a) WORKER HEALTH AND SAFETY RULES.—The Atomic Energy 
Act of 1954 is amended by inserting after section 234B (42 U.S.C. 
2282b) the following new section: 
116 STAT. 2744 
PUBLIC LAW 107-314—DEC. 2, 2002 
42 use 2282c. 
"SEC. 234C. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT 
OF ENERGY NUCLEAR FACILITIES. 
"a. REGULATIONS REQUIRED.— 
"(1) IN GENERAL.—The Secretary shall promulgate regula-
tions for industrial and construction health and safety at 
Department of Energy facilities that are operated by contractors 
covered by agreements of indemnification under section 170 
d. of the Atomic Energy Act of 1954, after public notice and 
opportunity for comment under section 553 of title 5, United 
States Code (commonly known as the 'Administrative Procedure 
Act'). Such regulations shall, subject to paragraph (3), provide 
a level of protection for workers at such facilities that is 
substantially equivalent to the level of protection currently 
provided to such workers at such facilities. 
"(2) APPLICABILITY.—^The regulations promulgated under 
paragraph (1) shall not apply to any facility that is a component 
of, or any activity conducted under, the Naval Nuclear Propul-
sion Program provided for under Executive Order No. 12344, 
dated February 1, 1982 (42 U.S.C. 7158 note) (as in force 
pursuant to section 1634 of the Department of Defense 
Authorization Act, 1985 (Public Law 98-525; 42 U.S.C. 7158 
note)). 
"(3) FLEXIBILITY.—In promulgating the regulations under 
paragraph (1), the Secretary shall include flexibility— 
"(A) to tailor implementation of such regulations to 
reflect activities and hazards associated with a particular 
work environment; 
"(B) to take into account special circumstances at a 
facility that is, or is expected to be, permanently closed 
and that is expected to be demolished, or title to which 
is expected to be transferred to another entity for reuse; 
and 
"(C) to achieve national security missions of the 
Department of Energy in an efficient and timely manner. 
"(4) N o EFFECT ON HEALTH AND SAFETY ENFORCEMENT.— 
This subsection does not diminish or otherwise affect the 
enforcement or the application of any other law, regulation, 
order, or contractual obligation relating to worker health and 
safety, 
"b. CIVIL PENALTIES.— 
"(1) IN GENERAL.—^A person (or any subcontractor or sup-
plier of the person) who has entered into an agreement of 
indemnification under section 170 d. (or any subcontractor or 
supplier of the person) that violates (or is the employer of 
a person that violates) any regulation promulgated under sub-
section a. shall be subject to a civil penalty of not more than 
$70,000 for each such violation. 
"(2) CONTINUING VIOLATIONS.—If any violation under this 
subsection is a continuing violation, each day of the violation 
shall constitute a separate violation for the purpose of com-
puting the civil penalty under paragraph (1). 
"c. CONTRACT PENALTIES.— 
"(1) IN GENERAL.—^The Secretary shall include in each con-
tract with a contractor of the Department who has entered 
into an agreement of indemnification under section 170 d. provi-
sions that provide an appropriate reduction in the fees or 
amounts paid to the contractor under the contract in the event 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2745 
of a violation by the contractor or contractor employee of any 
regulation promulgated under subsection a. 
"(2) CoNTEhfTS.—^The provisions shall specify 
various 
degrees of violations and the amount of the reduction attrib-
utable to each degree of violation, 
"d. COORDINATION OF PENALTIES.— 
"(1) CHOICE OF PENALTIES.—For any violation by a person 
of a regulation promulgated under subsection a., the Secretary 
shall pursue either civil penalties under subsection b. or con-
tract penalties under subsection c, but not both. 
"(2) MAXIMUM AMOUNT.—In the case of an entity described 
in subsection d. of section 234A, the total amount of civil 
penalties under subsection b. and contract penalties under sub-
section c. in a fiscal year may not exceed the total amount 
of fees paid by the Department of Energy to that entity in 
that fiscal year. 
"(3) COORDINATION WITH SECTION 234A.—The Secretary 
shall ensure that a contractor of the Department is not penal-
ized both under this section and under section 234A for the 
same violation.". 
(b) PROMULGATION OF INITIAL REGULATIONS.— 
42 use 2282c 
(1) DEADLINE FOR PROMULGATING REGULATIONS.—The Sec- note, 
retary of Energy shall promulgate the regulations required 
by subsection a. of section 234C of the Atomic Energy Act 
of 1954 (as added by subsection (a)) not later than one year 
after the date of the enactment of this Act. 
(2) EFFECTIVE DATE.—The regulations promulgated under 
paragraph (1) shall take effect on the date that is one year 
after the promulgation date of the regulations. 
(c) PROHIBITION.—The Secretary of Energy shall not participate 
42 USC 2282c 
in or otherwise support any study or other project relating to ^ote. 
a modification in the scope of the regulations enforceable by civil 
penalties under section 234A or 234C of the Atomic Energy Act 
of 1954, or the responsibility of the Secretary to implement and 
enforce such regulations, until after the date on which the regula-
tions for such purposes under such section 234C take effect in 
accordance with subsection (b). 
SEC. 3174. EXTENSION OF AUTHORITY TO APPOINT CERTAIN SCI-
ENTIFIC, ENGINEERING, A N D TECHNICAL PERSONNEL. 
Section 3161(c)(1) of the National Defense Authorization Act 
for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking 
"September 30, 2002" and inserting "September 30, 2004". 
SEC. 3175. ONE-YEAR EXTENSION OF PANEL TO ASSESS THE RELI-
ABILITY, SAFETY, AND SECURITY OF THE UNITED STATES 
NUCLEAR STOCKPILE. 
Section 3159 of the Strom Thurmond National 
Defense 
Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note) is 
amended— 
(1) in subsection (f), by striking "atomic energy defense 
activities" and inserting "the National Nuclear 
Security 
Administration"; 
(2) in subsection (g), by striking "three years" and all 
that follows through the period at the end and inserting "April 
1, 2003."; and 
(3) by adding at the end the following new subsection: 
116 STAT. 2746 
PUBLIC LAW 107-314—DEC. 2, 2002 
DeadHne. 
"(i) FOLLOW-UP REPORT.—Not later than February 1, 2003, 
the panel shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a follow-up report assessing progress toward 
meeting the expectations set forth by the panel for the United 
States stockpile stewardship program, and making recommenda-
tions for corrective legislative action where progress has been 
unsatisfactory.". 
SEC. 3176. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT 
KSflTIATIVES TO ACCELERATE 
THE REDUCTION 
OF 
ENVIRONMENTAL RISKS AND CHALLENGES POSED BY 
THE LEGACY OF THE COLD WAR. 
(a) REPORT REQUIRED.—The Secretary of Energy shall prepare 
a report on the status of those environmental management initia-
tives specified in subsection (c) that are being undertaken to accel-
erate the reduction of the environmental risks and challenges that, 
as a result of the legacy of the Cold War, are faced by the Depart-
ment of Energy, contractors of the Department, and applicable 
Federal and State agencies with regulatory jurisdiction. 
(b) CONTENTS.—^The report shall include the following matters: 
(1) A discussion of the progress made in reducing such 
risks and challenges in each of the following areas: 
(A) Acquisition strategy and contract management. 
(B) Regulatory agreements. 
(C) Interim storage and final disposal of high-level 
waste, spent nuclear fuel, transuranic waste, and low-level 
waste. 
(D) Closure and transfer of environmental remediation 
sites. 
(E) Achievements in innovation by contractors of the 
Department with respect to accelerated risk reduction and 
cleanup. 
(F) Consolidation of special nuclear materials and 
improvements in safeguards and security. 
(2) An assessment of the progress made in streamlining 
risk reduction processes of the environmental management pro-
gram of the Department. 
(3) An assessment of the progress made in improving the 
responsiveness and effectiveness of the environmental manage-
ment program of the Department. 
(4) Any proposals for legislation that the Secretary con-
siders necessary to carry out such initiatives, including the 
justification for each such proposal. 
(c) INITIATIVES COVERED.—^The environmental management ini-
tiatives referred to in subsection (a) are the initiatives arising 
out of the report titled "Top-to-Bottom Review of the Environmental 
Management Program" and dated February 4, 2002, with respect 
to the environmental restoration and waste management activities 
of the Department of Energy in carrying out programs necessary 
for national security. 
(d) SUBMISSION OF REPORT.—On the date on which the budget 
justification materials in support of the Department of Energy 
budget for fiscal year 2004 (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code) 
are submitted to Congress, the Secretary shall submit to the 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2747 
congressional defense committees the report required by subsection 
(a). 
Subtitle E—Disposition of Weapons-Usable 
Plutonium at Savannah River, South 
Carolina 
SEC. 3181. FINDINGS. 
Congress makes the following findings: 
(1) In September 2000, the United States and the Russian 
Federation signed a Plutonium Management and Disposition 
Agreement by which each agreed to dispose of 34 metric tons 
of weapons-grade plutonium. 
(2) The agreement with Russia is a significant step toward 
safeguarding nuclear materials and preventing their diversion 
to rogue states and terrorists. 
(3) The Department of Energy plans to dispose of 34 metric 
tons of weapons-grade plutonium in the United States before 
the end of 2019 by converting the plutonium to a mixed-oxide 
fuel to be used in commercial nuclear power reactors. 
(4) The Department has formulated a plan for imple-
menting the agreement with Russia through construction of 
a mixed-oxide fuel fabrication facility, the so-called MOX 
facility, and a pit disassembly and conversion facility at the 
Savannah River Site, Aiken, South Carolina. 
(5) The United States and the State of South Carolina 
have a compelling interest in the safe, proper, and efficient 
operation of the plutonium disposition facilities at the Savannah 
River Site. The MOX facility will also be economically beneficial 
to the State of South Carolina, and that economic benefit will 
not be fully realized unless the MOX facility is built. 
(6) The State of South Carolina desires to ensure that 
all plutonium transferred to the State of South Carolina is 
stored safely; that the full benefits of the MOX facility are 
realized as soon as possible; and, specifically, that all defense 
plutonium or defense plutonium materials transferred to the 
Savannah River Site either be processed or be removed expedi-
tiously. 
SEC. 3182. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT 
SAVANNAH RIVER SITE. 
(a) 
PLAN 
FOR CONSTRUCTION 
AND OPERATION 
OF 
MOX 
FACILITY.—(1) Not later than February 1, 2003, the Secretary of Deadline. 
Energy shall submit to Congress a plan for the construction and 
operation of the MOX facility at the Savannah River Site, Aiken, 
South Carolina. 
(2) The plan under paragraph (1) shall include— 
(A) a schedule for construction and operations so as to 
achieve, as of January 1, 2009, and thereafter, the MOX produc-
tion objective, and to produce 1 metric ton of mixed-oxide fuel 
by December 31, 2009; and 
(B) a schedule of operations of the MOX facility designed 
so that 34 metric tons of defense plutonium and defense pluto-
nium materials at the Savannah River Site will be processed 
into mixed-oxide fuel by January 1, 2019. 
116 STAT. 2748 
PUBLIC LAW 107-314—DEC. 2, 2002 
Deadline. 
(3)(A) Not later than February 15 each year, beginning in 
Reports. 
2004 and continuing for as long as the MOX facility is in use, 
the Secretary shall submit to Congress a report on the implementa-
tion of the plan required by paragraph (1). 
(B) Each report under subparagraph (A) for years before 2010 
shall include— 
(i) an assessment of compliance with the schedules included 
with the plan under paragraph (2); and 
(ii) a certification by the Secretary whether or not the 
MOX production objective can be met by January 2009. 
(C) Each report under subparagraph (A) for years after 2009 
shall— 
(i) address whether the MOX production objective has been 
met; and 
(ii) assess progress toward meeting the obligations of the 
United States under the Plutonium Management and Disposi-
tion Agreement. 
(D) Each report under subparagraph (A) for years after 2017 
shall also include an assessment of compliance with the MOX 
production objective and, if not in compliance, the plan of the 
Secretary for achieving one of the following: 
(i) Compliance with such objective. 
(ii) Removal of all remaining defense plutonium and 
defense plutonium materials from the State of South Carolina. 
DeadUne. 
(b) CORRECTIVE ACTIONS.—(1) If a report under subsection (a)(3) 
indicates that construction or operation of the MOX facility is 
behind the applicable schedule under subsection (a)(2) by 12 months 
or more, the Secretary shall submit to Congress, not later than 
August 15 of the year in which such report is submitted, a plan 
for corrective actions to be implemented by the Secretary to ensure 
that the MOX facility project is capable of meeting the MOX produc-
tion objective by January 1, 2009. 
(2) If a plan is submitted under paragraph (1) in any year 
after 2008, the plan shall include corrective actions to be imple-
mented by the Secretary to ensure that the MOX production objec-
tive is met. 
(3) Any plan for corrective actions under paragraph (1) or 
(2) shall include established milestones under such plan for 
achieving compliance with the MOX production objective. 
(4) If, before January 1, 2009, the Secretary determines that 
there is a substantial and material risk that the MOX production 
objective will not be achieved by 2009 because of a failure to 
achieve milestones set forth in the most recent corrective action 
plan under this subsection, the Secretary shall suspend further 
transfers of defense plutonium and defense plutonium materials 
to be processed by the MOX facility until such risk is addressed 
and the Secretary certifies that the MOX production objective can 
be met by 2009. 
(5) If, after January 1, 2009, the Secretary determines that 
the MOX production objective has not been achieved because of 
a failure to achieve milestones set forth in the most recent corrective 
action plan under this subsection, the Secretary shall suspend fur-
ther transfers of defense plutonium and defense plutonium mate-
rials to be processed by the MOX facility until the Secretary certifies 
that the MOX production objective can be met. 
(6)(A) Upon making a determination under paragraph (4) or 
(5), the Secretary shall submit to Congress a report on the options 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2749 
for removing from the State of South CaroHna an amount of defense 
plutonium or defense plutonium materials equal to the amount 
of defense plutonium or defense plutonium materials transferred 
to the State of South Carolina after April 15, 2002. 
(B) Each report under subparagraph (A) shall include an anal-
ysis of each option set forth in the report, including the cost and 
schedule for implementation of such option, and any requirements 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) relating to consideration or selection of such option. 
(C) Upon submittal of a report under paragraph (A), the Sec-
retary shall commence any analysis that may be required under 
the National Environmental Policy Act of 1969 in order to select 
among the options set forth in the report. 
(c) CONTINGENT REQUIREMENT FOR REMOVAL OF PLUTONIUM Deadlines. 
AND MATERIALS FROM SAVANNAH RIVER SITE.—If the MOX produc-
tion objective is not achieved as of January 1, 2009, the Secretary 
shall, consistent with the National Environmental Policy Act of 
1969 and other applicable laws, remove from the State of South 
Carolina, for storage or disposal elsewhere— 
(1) not later than January 1, 2011, not less than 1 metric 
ton of defense plutonium or defense plutonium materials; and 
(2) not later than January 1, 2017, an amount of defense 
plutonium or defense plutonium materials equal to the amount 
of defense plutonium or defense plutonium materials trans-
ferred to the Savannah River Site between April 15, 2002 
and January 1, 2017, but not processed by the MOX facility. 
(d) ECONOMIC AND IMPACT ASSISTANCE.^1) If the MOX produc-
tion objective is not achieved as of January 1, 2011, the Secretary 
shall, from funds available to the Secretary, pay to the State of 
South Carolina each year beginning on or after that date through 
2016 for economic and impact assistance an amount equal to 
$1,000,000 per day, not to exceed $100,000,000 per year, until 
the later of— 
(A) the date on which the MOX production objective is 
achieved in such year; or 
(B) the date on which the Secretary has removed from 
the State of South Carolina in such year at least 1 metric 
ton of defense plutonium or defense plutonium materials. 
(2)(A) If, as of January 1, 2017, the MOX facility has not 
processed mixed-oxide fuel from defense plutonium and defense 
plutonium materials in the amount of not less than— 
(i) one metric ton, in each of any two consecutive calendar 
years; and 
(ii) three metric tons total, 
the Secretary shall, from funds available to the Secretary, pay 
to the State of South Carolina for economic and impact assistance 
an amount equal to $1,000,000 per day, not to exceed $100,000,000 
per year, until the removal by the Secretary from the State of 
South Carolina of an amount of defense plutonium or defense 
plutonium materials equal to the amount of defense plutonium 
or defense plutonium materials transferred to the Savannah River 
Site between April 15, 2002, and January 1, 2017, but not processed 
by the MOX facility. 
(B) Nothing in this paragraph may be construed to terminate, 
supersede, or otherwise affect any other requirements of this sec-
tion. 
99-1940-03-11 :QL3Part4 
116 STAT. 2750 
PUBLIC LAW 107-314—DEC. 2, 2002 
(3) If the State of South CaroHna obtains an injunction that 
prohibits the Department from taking any action necessary for 
the Department to meet any deadUne specified by this subsection, 
that deadUne shall be extended for a period of time equal to the 
period of time during which the injunction is in effect. 
(e) FAILURE TO COMPLETE PLANNED DISPOSITION PROGRAM.— 
If on July 1 each year beginning in 2020 and continuing for as 
long as the MOX facility is in use, less than 34 metric tons of 
defense plutonium or defense plutonium materials have been proc-
essed by the MOX facility, the Secretary shall submit to Congress 
a plan for— 
(1) completing the processing of 34 metric tons of defense 
plutonium and defense plutonium material by the MOX facility; 
or 
(2) removing from the State of South Carolina an amount 
of defense plutonium or defense plutonium materials equal 
to the amount of defense plutonium or defense plutonium mate-
rials transferred to the Savannah River Site after April 15, 
2002, but not processed by the MOX facility. 
(f) REMOVAL OF MIXED-OXIDE FUEL UPON COMPLETION OF 
OPERATIONS OF MOX FACILITY.—If, one year after the date on 
which operation of the MOX facility permanently ceases, any mixed-
oxide fuel remains at the Savannah River Site, the Secretary shall 
submit to Congress— 
Reports. 
(1) a report on when such fuel will be transferred for 
use in commercial nuclear reactors; or 
(2) a plan for removing such fuel from the State of South 
Carolina. 
(g) DEFINITIONS.—In this section: 
(1) MOX PRODUCTION OBJECTIVE.—^The term "MOX produc-
tion objective" means production at the MOX facility of mixed-
oxide fuel from defense plutonium and defense plutonium mate-
rials at an average rate equivalent to not less than one metric 
ton of mixed-oxide fuel per year. The average rate shall be 
determined by measuring production at the MOX facility from 
the date the facility is declared operational to the Nuclear 
Regulatory Commission through the date of assessment. 
(2) MOX FACILITY.—The term "MOX facility" means the 
mixed-oxide fuel fabrication facility at the Savannah River 
Site, Aiken, South Carolina. 
(3) 
DEFENSE 
PLUTONIUM; 
DEFENSE 
PLUTONIUM MATE-
RIALS.—The terms "defense plutonium" and "defense plutonium 
materials" mean weapons-usable plutonium. 
SEC. 3183. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND 
PLUTONIUM MATERIALS AT SAVANNAH RIVER SITE. 
(a) STUDY.—^The Defense Nuclear Facilities Safety Board shall 
conduct a study of the adequacy of the K-Area Materials Storage 
facility (KAMS), and related support facilities such as Building 
235-F, at the Savannah River Site, Aiken, South Carolina, for 
the storage of defense plutonium and defense plutonium materials 
in connection with the disposition program provided in section 
3182 and in connection with the amended Record of Decision of 
the Department of Energy for fissile materials disposition. 
Deadline. 
(b) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Defense Nuclear Facilities Safety Board 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2751 
shall submit to Congress and the Secretary of Energy a report 
on the study conducted under subsection (a). 
(c) REPORT ELEMENTS.—^The report under subsection (b) shall— 
(1) address— 
(A) the suitability of KAMS and related support facili-
ties for monitoring and observing any defense plutonium 
or defense plutonium materials stored in KAMS; 
(B) the adequacy of the provisions made by the Depart-
ment for remote monitoring of such defense plutonium 
and defense plutonium materials by way of sensors and 
for handling of retrieval of such defense plutonium and 
defense plutonium materials; and 
(C) the adequacy of KAMS should such defense pluto-
nium and defense plutonium materials continue to be 
stored at KAMS after 2019; and 
(2) include such proposals as the Defense Nuclear Facilities 
Safety Board considers appropriate to enhance the safety, reli-
ability, and functionality of KAMS. 
(d) REPORTS ON ACTIONS ON PROPOSALS.—Not later than 6 Deadline, 
months after the date on which the report under subsection (b) 
is submitted to Congress, and every year thereafter, the Secretary 
and the Board shall each submit to Congress a report on the 
actions taken by the Secretary in response to the proposals, if 
any, included in the report. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2003, 
$19,000,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
TITLE XXXIII—NATIONAL DEFENSE 
STOCKPILE 
Sec. 3301. Authorized uses of National Defense Stockpile funds. 
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2003, 
the National Defense Stockpile Manager may obligate up to 
$76,400,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 
for the authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials that 
are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
116 STAT. 2752 
PUBLIC LAW 107-314—DEC. 2, 2002 
the additional obligations. The National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
(c) LIMITATIONS.—^The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be appropriated 
to the Secretary of Energy $21,069,000 for fiscal year 2003 for 
the purpose of carrying out activities under chapter 641 of title 
10, United States Code, relating to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 
the authorization of appropriations in subsection (a) shall remain 
available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2003. 
Sec. 3502. Authority to convey vessel USS SPHINX (ARL-24). 
Sec. 3503. Independent analysis of title XI insurance guarantee applications. 
Sec. 3504. Preparation as artificial reefs and scrapping of obsolete vessels. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
2003. 
Funds are hereby authorized to be appropriated for fiscal year 
2003, to be available without fiscal year limitation if so provided 
in appropriations Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows: 
(1) For expenses necessary for operations and training 
activities, $93,132,000. 
(2) For expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1271 et seq.), $54,126,000, of which— 
(A) $50,000,000 is for the cost (as defined in section 
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5))) of loan guarantees under the program; and 
(B) $4,126,000 is for administrative expenses related 
to loan guarantee commitments under the program. 
(3) For expenses to dispose of obsolete vessels in the 
National Defense Reserve Fleet, including provision of assist-
ance under section 7 of Public Law 92-402 (as amended by 
this title), $20,000,000. 
SEC. 3502. AUTHORITY TO CONVEY VESSEL USS SPHINX (ARI^24). 
(a) IN GENERAL.—^Notwithstanding any other law, the Secretary 
of Transportation may convey the right, title, and interest of the 
United States Government in and to the vessel USS SPHINX (ARL-
24), to the Dunkirk Historical Lighthouse and Veterans Park 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2753 
Museum (a not-for-profit corporation, in this section referred to 
as the "recipient") for use as a mihtary museum, if— 
(1) the recipient agrees to use the vessel as a nonprofit 
mihtary museum; 
(2) the vessel is not used for commercial transportation 
purposes; 
(3) the recipient agrees to make the vessel available to 
the Government when the Secretary requires use of the vessel 
by the Government; 
(4) the recipient agrees that when the recipient no longer 
requires the vessel for use as a military museum— 
(A) the recipient will, at the discretion of the Secretary, 
reconvey the vessel to the Government in good condition 
except for ordinary wear and tear; or 
(B) if the Board of Trustees of the recipient has decided 
to dissolve the recipient according to the laws of the State 
of New York, then— 
(i) the recipient shall distribute the vessel, as an 
asset of the recipient, to a person that has been deter-
mined exempt from taxation under the provisions of 
section 501(c)(3) of the Internal Revenue Code, or to 
the Federal CJovernment or a State or local government 
for a public purpose; and 
(ii) the vessel shall be disposed of by a court of 
competent jurisdiction of the county in which the prin-
cipal office of the recipient is located, for such purposes 
as the court shall determine, or to such organizations 
as the court shall determine are organized exclusively 
for public purposes; 
(5) the recipient agrees to hold the Government harmless 
for any claims arising from exposure to asbestos, poly-
chlorinated biphenyls, or lead paint after conveyance of the 
vessel, except for claims arising from use by the Government 
under paragraph (3) or (4); and 
(6) the recipient has available, for use to restore the vessel, 
in the form of cash, liquid assets, or a written loan commitment, 
financial resources of at least $100,000. 
(b) DELIVERY OF VESSEL.—If a conveyance is made under this 
section, the Secretary shall deliver the vessel at the place where 
the vessel is located on the date of enactment of this Act, in 
its present condition, and without cost to the Government. 
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary may also 
convey any unneeded equipment from other vessels in the National 
Defense Reserve Fleet in order to restore the USS SPHINX (ARL-
24) to museum quality. 
(d) RETENTION OF VESSEL IN NDRF.—The Secretary shall retain 
in the National Defense Reserve Fleet the vessel authorized to 
be conveyed under subsection (a), until the earlier of— 
(1) 2 years after the date of the enactment of this Act; 
or 
(2) the date of conveyance of the vessel under subsection 
(a). 
SEC. 3503. INDEPENDENT ANALYSIS OF TITLE XI INSURANCE GUAR-
ANTEE APPLICATIONS. 
Section 1104A of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1274) is amended— 
116 STAT. 2754 
PUBLIC LAW 107-314—DEC. 2, 2002 
16 use 1220d. 
16 use 1220 
note. 
Deadline. 
(1) by adding at the end of subsection (d) the following: 
"(4) The Secretary may obtain independent analysis of an 
application for a guarantee or commitment to guarantee under 
this title."; and 
(2) in subsection (f) by inserting "(including for obtaining 
independent analysis under subsection (d)(4))" after "applica-
tions for a guarantee". 
SEC. 3504, PREPARATION AS ARTIFICIAL REEFS AND SCRAPPING OF 
OBSOLETE VESSELS. 
(a) FiNANeiAL ASSISTANCE TO STATES FOR PREPARATION OF 
TRANSFERRED OBSOLETE SHIPS FOR USE AS ARTIFICIAL REEFS.— 
(1) Public Law 92-402 (16 U.S.C. 1220 et seq.) is amended— 
(A) by redesignating section 7 as section 8; and 
(B) by inserting after section 6 the following new section 
7: 
16 use 1220C-1. "SEC. 7. FINANCIAL ASSISTANCE TO STATE TO PREPARE TRANS-
FERRED SHIP. 
"(a) ASSISTANCE AUTHORIZED.—^The Secretary, subject to the 
availability of appropriations, may provide, to any State to which 
an obsolete ship is transferred under this Act, financial assistance 
to prepare the ship for use as an artificial reef, including for— 
"(1) environmental remediation; 
"(2) towing; and 
"(3) sinking. 
"(b) AMOUNT OF ASSISTANCE.—^The Secretary shall determine 
the amount of assistsmce under this section with respect to an 
obsolete ship based on— 
"(1) the total amount available for providing assistance 
under this section; 
"(2) the benefit achieved by providing assistance for that 
ship; and 
"(3) the cost effectiveness of disposing of the ship by 
transfer under this Act and provision of assistance under this 
section, compared to other disposal options for that ship. 
"(c) TERMS AND CONDITIONS.—The Secretary— 
"(1) shall require a State seeking assistance under this 
section to provide cost data and other information determined 
by the Secretary to be necessary to justify and document the 
assistance; and 
"(2) may require a State receiving such assistance to comply 
with terms and conditions necessary to protect the environment 
and the interests of the United States.". 
(2) Section 4(4) of such Act (16 U.S.C. 1220a(4)) is amended 
by inserting "(except for any financial assistance provided under 
section 7)" after "at no cost to the Government". 
(b) ENVIRONMENTAL BEST MANAGEMENT PRACTICES FOR PRE-
PARING VESSELS FOR USE AS ARTIFICIAL REEFS.—(1) Not later than 
September 30, 2003, the Secretary of Transportation, acting through 
the Maritime Administration, and the Administrator of the Environ-
mental Protection Agency shall jointly develop environmental best 
management practices to be used in the preparation of vessels 
for use as artificial reefs. 
(2) The environmental best management practices under para-
graph (1) shall be developed in consultation with the heads of 
other Federal agencies, and State agencies, having an interest 
in the use of vessels as artificial reefs. 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2755 
(3) The environmental best management practices under para-
graph (1) shall— 
(A) include practices for the preparation of vessels for use 
as artificial reefs to ensure that vessels so prepared will be 
environmentally sound in their use as artificial reefs; 
(B) ensure that such practices are consistent nationwide; 
(C) establish baselines for estimating the costs associated 
with the preparation of vessels for use as artificial reefs; and 
(D) include mechanisms to enhance the utility of the Artifi-
cial Reefing Program of the Maritime Administration as an 
option for the disposal of obsolete vessels. 
(4) The environmental best management practices developed 
under paragraph (1) shall serve as national guidelines to be used 
by Federal agencies for the preparation of vessels for use as artificial 
reefs. 
(5) The Secretary of Transportation shall submit to Congress Reports. 
a report on the environmental best management practices developed 
under paragraph (1) through the existing ship disposal reporting 
requirements in section 3502 of Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 10&-398; 1654A-492). The report shall describe such 
practices, and may include such other matters as the Secretary 
considers appropriate. 
(c) PILOT PROGRAM ON EXPORT OF OBSOLETE VESSELS FOR 
I6USC5405 
DISMANTLEMENT 
AND 
RECYCLING.—(1)(A) The 
Secretary 
of note. 
Transportation, Secretary of State, and Administrator of the 
Environmental Protection Agency shall jointly carry out one or 
more pilot programs through the Maritime Administration to 
explore the feasibility and advisability of various alternatives for 
exporting obsolete vessels in the National Defense Reserve Fleet 
for purposes of the dismantlement and recycling of such vessels. 
(B) The pilot programs shall be carried out in accordance with 
applicable provisions of law and regulations. 
(2)(A) The pilot programs under paragraph (1) shall be carried 
out during fiscal year 2003. 
(B) The pilot programs shall include a total of not more than 
four vessels. 
(C) The authority provided by this subsection is in addition 
to any other authority available to Maritime Administration for 
exporting obsolete vessels in the National Defense Reserve Fleet. 
(3) Activities under the pilot programs under paragraph (1) 
shall include the following: 
(A) Exploration of the feasibility and advisability of a 
variety of alternatives (developed for purposes of the pilot pro-
grams) for exporting obsolete vessels in the National Defense 
Reserve Fleet for purposes of the dismantlement and recycling 
of such vessels. 
(B) Response by the Maritime Administration to proposals 
from the international ship recycling industry for innovative 
and cost-effective disposal solutions for obsolete vessels in the 
National Defense Reserve Fleet, including an evaluation of 
the feasibility and advisability of such proposals. 
(C) Demonstration of the extent to which the cost-effective 
dismantlement or recycling of obsolete vessels in the National 
Defense Reserve Fleet can be accomplished abroad in manner 
that appropriately addresses concerns regarding worker health 
and safety and the environment. 
116 STAT. 2756 
PUBLIC LAW 107-314—DEC. 2, 2002 
16 u s e 5405 
note. 
(D) Opportunities to transfer abroad processes, methodolo-
gies, and technologies for ship dismantlement and recycling 
in order to support the pilot programs and to improve inter-
national practices and standards for ship dismantlement and 
recycling. 
(E) Exploration of cooperative efforts with foreign govern-
ments (under a global action program on ship recycling or 
other program) in order to foster economically and environ-
mentally sound ship recycling abroad. 
(4) The Secretary of Transportation shall submit to Congress 
a report on the pilot programs under paragraph (1) through the 
existing ship disposal reporting requirements in section 3502 of 
Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001. The report shall include a description of the activities 
under the pilot programs, and such recommendations for further 
legislative or administrative action as the Secretary considers appro-
priate. 
(d) CONSTRUCTION.—^Nothing in this section shall be construed 
to establish a preference for the reefing or export of obsolete vessels 
in the National Defense Reserve Fleet over other alternatives avail-
able to the Secretary for the scrapping of such vessels under section 
3502(d)(3) of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001. 
Atomic Energy 
Defense Act. 
42 u s e 7101 
note. 
TITLE XXXVI—ATOMIC ENERGY 
DEFENSE PROVISIONS 
Sec. 3601. Short title. 
Subtitle A—[Reserved] 
Subtitle B—Department of Energy National Security Authorizations 
General Provisions 
Sec. 3620. Definitions. 
Sec. 3621. Reprogramming. 
Sec. 3622. Minor construction projects. 
Sec. 3623. Limits on construction projects. 
Sec. 3624. Fund transfer authority. 
Sec. 3625. Conceptual and construction design. 
Sec. 3626. Authority for emergency planning, design, and construction activities. 
Sec. 3627. Scope of authority to carry out plant projects. 
Sec. 3628. Availability of fiinds. 
Sec. 3629. Transfer of defense environmental management funds. 
Sec. 3630. Transfer of weapons activities funds. 
Sec. 3631. Funds available for all national security programs of the Department of 
Energy. 
SEC. 3601. SHORT TITLE. 
This title may be cited as the "Atomic Energy Defense Act". 
Subtitle A—[Reserved] 
Subtitle B—Department of Energy Na-
tional Security Authorizations General 
Provisions 
42 u s e 7386. 
SEC. 3620. DEFIMTIONS. 
In this subtitle: 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2757 
(1) The term "DOE national security authorization" means 
an authorization of appropriations for activities of the Depart-
ment of Energy in carrying out programs necessary for national 
security. 
(2) The term "congressional defense committees" means— 
(A) the Committee on Armed Services and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Armed Services and the Com-
mittee on Appropriations of the House of Representatives. 
(3) The term 
"minor construction 
threshold" 
means 
$5,000,000. 
SEC. 3621. REPROGRAMMING. 
42 USC 7386a. 
(a) IN GENERAL.—Except as provided in subsection (b) and 
in sections 3629 and 3630, the Secretary of Energy may not use 
amounts appropriated pursuant to a DOE national 
security 
authorization for a program— 
(1) in amounts that exceed, in a fiscal year— 
(A) 115 percent of the amount authorized for that 
program by that authorization for that fiscal year; or 
(B) $5,000,000 more than the amount authorized for 
that program by that authorization for that fiscal year; 
or 
(2) which has not been presented to, or requested of, Con-
gress. 
(b) EXCEPTION WHERE NOTICE-AND-WAIT GIVEN.—An action 
described in subsection (a) may be taken if— 
(1) the Secretary submits to the congressional defense 
committees a report referred to in subsection (c) with respect 
to such action; and 
(2) a period of 30 days has elapsed after the date on 
which such committees receive the report. 
(c) REPORT.—^The report referred to in subsection (a) is a report 
containing a full and complete statement of the action proposed 
to be taken and the facts and circumstances relied upon in support 
of the proposed action. 
(d) COMPUTATION OF DAYS.—In the computation of the 30-
day period under subsection (b), there shall be excluded any day 
on which either House of Congress is not in session because of 
an adjournment of more than three days to a day certain. 
(e) LIMITATIONS.— 
(1) TOTAL AMOUNT OBLIGATED.—In no event may the total 
amount of funds obligated pursuant to a DOE national security 
authorization for a fiscal year exceed the total amount author-
ized to be appropriated by that authorization for that fiscal 
year. 
(2) PROHIBITED ITEMS.—Funds appropriated pursuant to 
a DOE national security authorization may not be used for 
an item for which Congress has specifically denied funds. 
SEC. 3622. MINOR CONSTRUCTION PROJECTS. 
42 USC 7386b. 
(a) AUTHORITY.—Using operation and maintenance funds or 
facilities and infrastructure funds authorized by a DOE national 
security authorization, the Secretary of Energy may carry out minor 
construction projects. 
(b) ANNUAL REPORT.—^The Secretary shall submit to the 
congressional defense committees on an annual basis a report on 
each exercise of the authority in subsection (a) during the preceding 
116 STAT. 2758 
PUBLIC LAW 107-314—DEC. 2, 2002 
fiscal year. Each report shall provide a brief description of each 
minor construction project covered by the report. 
(c) COST VARIATION REPORTS TO CONGRESSIONAL 
COMMIT-
TEES.—If, at any time during the construction of any minor 
construction project authorized by a DOE national 
security 
authorization, the estimated cost of the project is revised and the 
revised cost of the project exceeds the minor construction threshold, 
the Secretary shall immediately submit to the congressional defense 
committees a report explaining the reasons for the cost variation. 
(d) MINOR CONSTRUCTION PROJECT DEFINED.—In this section, 
the term "minor construction project" means any plant project not 
specifically authorized by law for which the approved total esti-
mated cost does not exceed the minor construction threshold. 
42 use 7386c. 
SEC. 3623. LIMITS ON CONSTRUCTION PROJECTS. 
(a) CONSTRUCTION COST CEILING.—Except as provided in sub-
section (b), construction on a construction project which is in support 
of national security programs of the Department of Energy and 
was authorized by a DOE national security authorization may not 
be started, and additional obligations in connection with the project 
above the total estimated cost may not be incurred, whenever 
the current estimated cost of the construction project exceeds by 
more than 25 percent the higher of— 
(1) the amount authorized for the project; or 
(2) the amount of the total estimated cost for the project 
as shown in the most recent budget justification data submitted 
to Congress. 
(b) EXCEPTION WHERE NOTICE-AND-WAIT GIVEN.—An action 
described in subsection (a) may be taken if— 
(1) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the 
circumstances making such action necessary; and 
(2) a period of 30 days has elapsed after the date on 
which the report is received by the committees. 
(c) COMPUTATION OF DAYS.—In the computation of the 30-
day period under subsection (b), there shall be excluded any day 
on which either House of Congress is not in session because of 
an adjournment of more than three days to a day certain. 
(d) EXCEPTION FOR MINOR PROJECTS.—Subsection (a) does not 
apply to a construction project with a current estimated cost of 
less than the minor construction threshold. 
42 use 7386d. 
SEC. 3624. FUND TRANSFER AUTHORITY. 
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—^The Secretary 
of Energy may transfer funds authorized to be appropriated to 
the Department of Energy pursuant to a DOE national security 
authorization to other Federal agencies for the performance of work 
for which the funds were authorized. Funds so transferred may 
be merged with and be available for the same purposes and for 
the same time period as the authorizations of the Federal agency 
to which the amounts are transferred. 
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.— 
(1) TRANSFERS PERMITTED.—Subject to paragraph (2), the 
Secretary of Energy may transfer funds authorized to be appro-
priated to the Department of Energy pursuant to a DOE 
national security authorization to any other DOE national secu-
rity authorization. Amounts of authorizations so transferred 
may be merged with and be available for the same purposes 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2759 
and for the same period as the authorization to which the 
amounts are transferred. 
(2) MAXIMUM AMOUNTS.—^Not more than 5 percent of any 
such authorization may be transferred to another authorization 
under paragraph (1). No such authorization may be increased 
or decreased by more than 5 percent by a transfer under 
such paragraph. 
(c) LIMITATIONS.—^The authority provided by this subsection 
to transfer authorizations— 
(1) may be used only to provide funds for items relating 
to activities necessary for national security programs that have 
a higher priority than the items from which the funds are 
transferred; and 
(2) may not be used to provide funds for an item for 
which Congress has specifically denied funds. 
(d) NOTICE TO CONGRESS.—The Secretary of Energy shall 
promptly notify the congressional defense committees of any 
transfer of funds to or from any DOE national security authoriza-
tion. 
SEC. 3625. CONCEPTUAL AND CONSTRUCTION DESIGN. 
42 USC 7386e. 
(a) CONCEPTUAL DESIGN.— 
(1) REQUIREMENT.—Subject to paragraph (2) and except 
as provided in paragraph (3), before submitting to Congress 
a request for funds for a construction project that is in support 
of a national security program of the Department of Energy, 
the SecretEuy of Energy shall complete a conceptual design 
for that project. 
(2) REQUESTS FOR CONCEPTUAL DESIGN FUNDS.—If the esti-
mated cost of completing a conceptual design for a construction 
project exceeds $3,000,000, the Secretary shall submit to Con-
gress a request for flmds for the conceptual design before 
submitting a request for funds for the construction project. 
(3) EXCEPTIONS.—^The requirement in paragraph (1) does 
not apply to a request for funds— 
(A) for a construction project the total estimated cost 
of which is less than the minor construction threshold; 
or 
(B) for emergency planning, design, and construction 
activities under section 3626. 
(b) CONSTRUCTION DESIGN.— 
(1) AUTHORITY.—^Within the amounts authorized by a DOE 
national security authorization, the Secretary may carry out 
construction design (including architectural and engineering 
services) in connection with any proposed construction project 
if the total estimated cost for such design does not exceed 
$600,000. 
(2) LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
PROJECTS.—If the total estimated cost for construction design 
in connection with any construction project exceeds $600,000, 
funds for that design must be specifically authorized by law. 
SEC. 3626. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
42 USC 7386f. 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—^The Secretary of Energy may use any funds 
available to the Department of Energy pursuant to a DOE national 
security authorization, including funds authorized to be appro-
priated for advance planning, engineering, and construction design, 
116 STAT. 2760 
PUBLIC LAW 107-314—DEC. 2, 2002 
and for plant projects, to perform planning, design, and construction 
activities for any Department of Energy national security program 
construction project that, as determined by the Secretary, must 
proceed expeditiously in order to protect public health and safety, 
to meet the needs of national defense, or to protect property. 
(b) LIMITATION.—The Secretary may not exercise the authority 
under subsection (a) in the case of a construction project until 
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry 
out under this section and the circumstances making those activities 
necessary. 
(c) SPECIFIC AUTHORITY.—The requirement of section 3625(b)(2) 
does not apply to emergency planning, design, and construction 
activities conducted under this section. 
42 use 7386g. 
SEC. 3627. SCOPE OF AUTHORITY TO CARRY OUT PLANT PROJECTS. 
In carr3dng out programs necessary for national security, the 
authority of the Secretary of Energy to carry out plant projects 
includes authority for maintenance, restoration, planning, construc-
tion, acquisition, modification of facilities, and the continuation 
of projects authorized in prior years, and land acquisition related 
thereto. 
42 use 7386h. 
SEC. 3628. AVAILABILITY OF FUNDS. 
(a) IN GENERAL.—Except as provided in subsection (b), amounts 
appropriated pursuant to a DOE national security authorization 
for operation and maintenance or for plant projects may, when 
so specified in an appropriations Act, remain available until 
expended. 
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—^Amounts 
appropriated for program direction pursuant to a DOE national 
security athorization for a fiscal year shall remain available to 
be obligated only until the end of that fiscal year. 
42 use 73861. 
SEC. 3629. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT 
FUNDS. 
(a) 
TRANSFER 
AUTHORITY 
FOR DEFENSE 
ENVIRONMENTAL 
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the 
manager of each field office of the Department of Energy with 
the authority to transfer defense environmental management funds 
from a program or project under the jurisdiction of that office 
to another such program or project. 
(b) LIMITATIONS.— 
(1) NUMBER OF TRANSFERS.—Not more than one transfer 
may be made to or from any program or project under sub-
section (a) in a fiscal year. 
(2) AMOUNTS TRANSFERRED.—The amount transferred to 
or from a program or project in any one transfer under sub-
section (a) may not exceed $5,000,000. 
(3) DETERMINATION REQUIRED.—A transfer may not be car-
ried out by a manager of a field office under subsection (a) 
unless the manager determines that the transfer is necessary— 
(A) to address a risk to health, safety, or the environ-
ment; or 
(B) to assure the most efficient use of defense environ-
mental management funds at the field office. 
(4) IMPERMISSIBLE USES.—Funds transferred pursuant to 
subsection (a) may not be used for an item for which Congress 
PUBLIC LAW 107-314—DEC. 2, 2002 
116 STAT. 2761 
has specifically denied funds or for a new program or project 
that has not been authorized by Congress. 
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—^The 
requirements of section 3621 shall not apply to transfers of funds 
pursuant to subsection (a). 
(d) NOTIFICATION.—^The Secretary, acting through the Assistant 
Secretary of Energy for Environmental Management, shall notify 
Congress of any transfer of funds pursuant to subsection (a) not 
later than 30 days after such transfer occurs. 
(e) DEFINITIONS.—In this section: 
(1) The term "program or project" means, with respect 
to a field office of the Department of Energy, a program or 
project that is for environmental restoration or waste manage-
ment activities necessary for national security programs of 
the Department, that is being carried out by that office, and 
for which defense environmental management funds have been 
authorized and appropriated. 
(2) The term "defense environmental management funds" 
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carr3dng out environmental restora-
tion and waste management activities necessary for national 
security programs. 
SEC. 3630. TRANSFER OF WEAPONS ACTIVITIES FUNDS. 
42 USC 7386J. 
(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES FUNDS.— 
The Secretary of Energy shall provide the manager of each field 
office of the Department of Energy with the authority to transfer 
weapons activities funds from a program or project under the juris-
diction of that office to another such program or project. 
(b) LIMITATIONS.— 
(1) NUMBER OF TRANSFERS.—^Not more than one transfer 
may be made to or from any program or project under sub-
section (a) in a fiscal year. 
(2) AMOUNTS TRANSFERRED.—The amount transferred to 
or from a program or project in any one transfer under sub-
section (a) may not exceed $5,000,000. 
(3) DETERMINATION REQUIRED.—^A transfer may not be car-
ried out by a manager of a field office under subsection (a) 
unless the manager determines that the transfer— 
(A) is necessary to address a risk to health, safety, 
or the environment; or 
(B) will result in cost savings and efficiencies. 
(4) LIMITATION.—^A transfer may not be carried out by 
a manager of a field office under subsection (a) to cover a 
cost overrun or scheduling delay for any program or project. 
(5) IMPERMISSIBLE USES.—Funds transferred pursuant to 
subsection (a) may not be used for an item for which Congress 
has specifically denied funds or for a new program or project 
that has not been authorized by Congress. 
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The 
requirements of section 3621 shall not apply to transfers of funds 
pursuant to subsection (a). 
(d) NOTIFICATION.—^The Secretary, acting through the Adminis-
trator for Nuclear Security, shall notify Congress of any transfer 
of funds pursuant to subsection (a) not later than 30 days after 
such transfer occurs. 
(e) DEFINITIONS.—In this section: 
116 STAT. 2762 
PUBLIC LAW 107-314—DEC. 2, 2002 
(1) The term "program or project" means, with respect 
to a field office of the Department of Energy, a program or 
project that is for weapons activities necessary for national 
security programs of the Department, that is being carried 
out by that office, and for which weapons activities funds have 
been authorized £ind appropriated. 
(2) The term "weapons activities funds" means funds appro-
priated to the Department of Energy pursuant to an authoriza-
tion for carrying out weapons activities necessary for national 
security programs. 
42 u s e 7386k. 
SEC. 3631. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY. 
Subject to the provisions of appropriation Acts and section 
3621, amounts appropriated pursuant to a DOE national security 
authorization for management and support activities and for general 
plant projects are available for use, when necessary, in connection 
with all national security programs of the Department of Energy. 
Approved December 2, 2002. 
LEGISLATIVE HISTORY—H.R. 4546 (S. 2514) (S. 2515): 
HOUSE REPORTS: Nos. 107-436, Pts. 1 and 2 (Comm. on Armed Services) and 
107-772 (Comm. of Conference). 
SENATE REPORTS: No. 107-151 accompanyinig S. 2514 (Comm. on Armed Serv-
CONGRESSIONAL RECORD, Vol. 148 (2002): 
May 9, considered and passed House. 
June 27, considered and passed Senate, amended, in lieu of S. 2514. 
July 25, House concurred in Senate amendment with an amendment. 
Nov. 12, House agreed to conference report. 
Nov. 13, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Dec. 2, Presidential remarks and statement.