National Defense Authorization Act for Fiscal Year 2002
PL 107-107 (S.1438), enacted 12/28/2001

115 STAT. 1012 
PUBLIC LAW 107-107—DEC. 28, 2001 
Dec. 28, 2001 
[S. 1438] 
National Defense 
Authorization 
Act for Fiscal 
Year 2002. 
Public Law 107-107 
107th Congress 
An Act 
To authorize appropriations for fiscal year 2002 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
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 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Defense Authorization 
Act for Fiscal Year 2002". 
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. 
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 Program. 
Subtitle B—^Army Programs 
Sec. 111. Repeal of limitations on bunker defeat munitions program. 
Sec. 112. Extension of pilot program on sales of manufactured articles and services 
of certain Army industrial facilities without regard to availability from 
domestic sources. 
Sec. 113. Limitations on acquisition of interim armored vehicles and deployment of 
interim brigade combat teams. 
Subtitle C—Navy Programs 
Sec. 121. Virginia class submarine program. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1013 
Sec. 122. Multiyear procurement authority for F/A-18E/F aircraft engines. 
Sec. 123. V-22 Osprey aircraft program. 
Sec. 124. Report on status of V-22 Osprey aircraft before resumption of flight test-
ing. 
Subtitle D—^Air Force Programs 
Sec. 131. Multiyear procxirement authority for C-17 aircraft. 
TITLE 
II—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
Subtitle A—^Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic and applied research. 
Sec. 203. Supplemental authorization of appropriations for fiscal year 2001 for re-
search, development, test, and evaluation. Defense-wide. 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 211. Naval siuface fire support assessment. 
Sec. 212. Collaborative program for development of advanced radar systems. 
Sec. 213. Repeal of limitations on total cost of engineering and manufacttuing de-
velopment for F-22 aircraft program. 
Sec. 214. Joint Tbiological defense program. 
Sec. 215. Cooperative Department of Defense-Department of Veterans Affairs med-
ical research program. 
Sec. 216. C-5 aircraft reliability enhancement and reengining program. 
Subtitle C—Ballistic Missile Defense 
Sec. 231. Transfer of responsibility for procurement for missile defense programs 
from Ballistic Missile Defense Organization to military departments. 
Sec. 232. Program elements for Ballistic Missile Defense Organization. 
Sec. 233. Support of baUistic missile defense activities of the Department of De-
fense by the national defense laboratories of the Departinent of Energy. 
Sec. 234. Missile defense testing initiative. 
Sec. 235. Construction of test bed facilities for missile defense system. 
Subtitle D—Air Force Science and Technology for the 21st Century 
Sec. 251. Short title. 
Sec. 252. Science and technology investment and development planning. 
Sec. 253. Study and report on effectiveness of Air Force science and technology pro-
gram changes. 
Subtitle E—Other Matters 
Sec. 261. Establishment of unmanned aerial vehicle joint operational test bed sys-
tem. 
Sec. 262. Demonstration project to increase small business and university partici-
pation in Office of Naval Research efforts to extend benefits of science 
and technology research to fleet. 
Sec. 263. Communication of safety concerns from operational test and evaluation 
officials to program managers. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—^Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Transfer from National Defense Stockpile Transaction Fund. 
Sec. 305. Fimds for renovation of Department of Veterans Affairs facilities adjacent 
to Naval Training Center, Great Lakes, lUinois. 
Sec. 306. Defense Language Institute Foreign Language Center expanded Arabic 
language program. 
Subtitle B—^Environmental Provisions 
Sec. 311. Inventory of unexploded ordnance, discarded military munitions, and mu-
nitions constituents at defense sites (other than operational ranges). 
Sec. 312. Establishment of new program element for remediation of unexploded 
ordnance, discarded military munitions, and munitions constituents. 
Sec. 313. Assessment of environmental remediation of unexploded ordnance, dis-
carded military munitions, and munitions constituents. 
Sec. 314. Conformity of surety authority imder environmental restoration program 
with surety authority under CERCLA. 
115 STAT. 1014 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 315. Elimination of annual report on contractor reimbursement for costs of en-
vironmental response actions. 
Sec. 316. Pilot program for sale of air pollution emission reduction incentives. 
Sec. 317. Department of Defense energy efficiency program. 
Sec. 318. Procurement of alternative fueled and hybrid light duty trucks. 
Sec. 319. Reimbursement of Environmental Protection Agency lor certain response 
costs in connection with Hooper Sands Site, South Berwick, Maine. 
Sec. 320. River mitigation studies. 
Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities 
Sec. 331. Commissary benefits for new members of the Ready Reserve. 
Sec. 332. Reimbursement for use of commissary facilities by military departments 
for purposes other than commissary sales. 
Sec. 333. P*ublic releases of commercially valuable information of commissary 
stores. 
Sec. 334. Rebate agreements with producers of foods provided under special supple-
mental food program. 
Sec. 335. Civil recovery for nonappropriated fund instrumentality costs related to 
shoplifting. 
Subtitle D—^Workforce and Depot Issues 
Sec. 341. Revision of authority to waive limitation on performance of depot-level 
maintenance. 
Sec. 342. Exclusion of certain expenditures from limitation on private sector per-
formance of depot-level maintenance. 
Sec. 343. Protections for purchasers of articles and services manufactured or per-
formed by working-capital funded industrial facilities of the Department 
of Defense. 
Sec. 344. Revision of deadline for annual report on commercial and industrial ac-
tivities. 
Sec. 345. Pilot manpower reporting system in Department of the Army. 
Sec. 346. Development of Army workload and performance system and Wholesale 
Logistics Modernization Program. 
Subtitle E—Defense Dependents Education 
Sec. 351. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 352. Impact aid for children with severe disabilities. 
Sec. 353. Availability of auxiUary services of defense dependents' education system 
for dependents who are home school students. 
Sec. 354. Comptroller General study of adequacy of compensation provided for 
teachers in the Department of Defense overseas dependents' schools. 
Subtitle F—Other Matters 
Sec. 361. Availability of excess defense personal property to support Department of 
Veterans Affairs initiative to assist homeless veterans. 
Sec. 362. Incremental implementation of Navy-Marine Corps Intranet contract. 
Sec. 363. Comptroller General study and report of National Guard Distributive 
Training Technology Project. 
Sec. 364. Reauthorization of warranty claims recovery pilot program. 
Sec. 365. Evaluation of current demonstration programs to improve quality of per-
sonal property shipments of members. 
Sec. 366. Sense of Congress regarding security to be provided at 2002 Winter 
Olympic Games. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—^Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength minimum levels. 
Sec. 403. Increase in senior enlisted active duty grade limit for Navy, Marine 
Corps, and Air Force. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians. 
Sec. 415. Limitations on numbers of reserve personnel serving on active duty or 
full-time National Guard duty in certain grades for administration of re-
serve components. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1015 
Subtitle C—Other Matters Relating to Personnel Strengths 
Sec. 421. Administration of end strengths. 
Sec. 422. Active duty end strength exemption for National Guard and reserve per-
sonnel performing funeral honors functions. 
Subtitle D—^Authorization of Appropriations 
Sec. 431. Authorization of appropriations for military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Enhanced flexibihty for management of senior general and flag officer po-
sitions. 
Sec. 502. Certifications of satisfactory performance for retirement of officers in 
grades above major general and rear admiral. 
Sec. 503. Review of actions of selection boards. 
Sec. 504. Temporary reduction of time-in-grade requirement for eligibility for pro-
motion for certain active-duty list officers in grades of first lieutenant 
and lieutenant (junior grade). 
Sec. 505. Authority for promotion without selection board consideration for all fiiUy 
qualified officers in grade of first lieutenant or Ueutenant (jimior grade) 
in the Navy. 
Sec. 506. Authority to adjust date of rank of certain promotions delayed by reason 
of unusual circumstances. 
Sec. 507. Authority for limited extension of medical deferment of mandatory retire-
ment or separation. 
Sec. 508. Authority for Umited extension on active duty of members subject to man-
datory retirement or separation. 
Sec. 509. Exemption from certain administrative limitations for retired officers or-
dered to active duty as defense or service attaches. 
Sec. 510. Officer in charge of United States Navy Band. 
Subtitle B—Reserve Component Personnel Policy 
Sec. 511. Placement on active-duty Ust of certain Reserve officers on active duty for 
a period of three years or less. 
Sec. 512. Exception to baccalaureate degree requirement for appointment of Re-
serve officers to grades above first lieutenant. 
Sec. 513. Improved disability benefits for certain reserve component members. 
Sec. 514. Time-in-grade requirement for reserve component officers retired with a 
nonservice-connected disability. 
Sec. 515. Equal treatment of Reserves and full-time active duty members for pur-
poses of managing personnel deployments. 
Sec. 516. Modification of physical examination requirements for members of the In-
dividual Ready Reserve. 
Sec. 517. Retirement of Reserve members without requirement for formal appUca-
tion or request. 
Sec. 518. Space-required travel by Reserves on miUtary aircraft. 
Sec. 519. Payment of Federal Employee Health Benefit Program premiiuns for cer-
tain Reservists called to active duty in support of contingency oper-
ations. 
Subtitle C—Joint Specialty Officers and Joint Professional Military 
Education 
Sec. 521. Nominations and promotions for joint specialty officers. 
Sec. 522. Joint duty credit. 
Sec. 523. Retroactive joint service credit for duty in certain joint task forces. 
Sec. 524. Revision to annual report on joint officer management. 
Sec. 525. Requirement for selection for joint specialty before promotion to general 
or flag officer grade. 
Sec. 526. Independent study of joint officer management and joint professional mili-
tary education reforms. 
Sec. 527. Professional development education. 
Sec. 528. Authority for National Defense University to enroll certain private sector 
civilians. 
Sec. 529. Continuation of reserve component professional miUtary education test. 
Subtitle D—Military Education and Training 
Sec. 531. Defense Language Institute Foreign Lan^age Center. 
Sec. 532. Authority for the Marine Corps University to award degree of master of 
strategic studies. 
115 STAT. 1016 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 533. Foreign students attending the service academies. 
Sec. 534. Increase in maximum age for appointment as a cadet or midshipman in 
Senior Reserve Officers' Training Corps scholarship programs. 
Sec. 535. Participation of regular enlisted members of the Armed Forces in Senior 
Reserve Officers' Training Corps program. 
Sec. 536. Authority to modify the service obligation of certain ROTC cadets in mili-
tary junior colleges receiving financial assistance. 
Sec. 537. Repeal of limitation on number of Jxmior Reserve Officers' Training Corps 
units. 
Sec. 538. Modification of nurse officer candidate accession program restriction on 
students attending educational institutions with senior reserve officers' 
training programs. 
Sec. 539. Reserve health professionals stipend program expansion. 
Sec. 540. Housing allowance for the chaplain for the Corps of Cadets at the United 
States Military Academy. 
Subtitle E—Recruiting and Accession Programs 
Sec. 541. 18-month enhstment pilot program. 
Sec. 542. Improved benefits under the Army College First program. 
Sec. 543. Correction and extension of certain Army recruiting pilot program au-
thorities. 
Sec. 544. Military recruiter access to secondary school students. 
Sec. 545. Permanent authority for use of military recruiting funds for certain ex-
penses at Department of Defense recruiting functions. 
Sec. 546. Report on health and disabiUty benefits for pre-accession training and 
education programs. 
Subtitle F—Decorations, Awards, and Posthumous Commissions 
Sec. 551. Authority for award of the Medal of Honor to Humbert R. Versace, Jon 
E. Swanson, and Ben L. Salomon for valor. 
Sec. 552. Review regarding award of Medal of Honor to certain Jewish American 
and Hispanic American war veterans. 
Sec. 553. Authority to issue duplicate Medals of Honor and to replace stolen mili-
tary decorations. 
Sec. 554. Retroactive Medal of Honor special pension. 
Sec. 555. Waiver of time Umitations for award of certain decorations to certain per-
sons. 
Sec. 556. Sense of Congress on issuance of certain medals. 
Sec. 557. Sense of Congress on development of a more comprehensive, uniform pol-
icy for the award of decorations to miUtary and civilian personnel of the 
Department of Defense. 
Sec. 558. Posthumous Army commission in the grade of captain in the Chaplains 
Corps to Ella E. Gibson for service as chaplain of the First Wisconsin 
Heavy Artillery Regiment during the Civil War. 
Subtitle G—^Funeral Honors Duty 
Sec. 561. Participation of military retirees in funeral honors details. 
Sec. 562. Funeral honors duty performed by Reserve and Guard members to be 
treated as inactive-duty training for certain piuposes. 
Sec. 563. Use of military leave for fiineral honors duty by Reserve members and 
National Guardsmen. 
Sec. 564. Authority to provide appropriate articles of clothing as a civilian uniform 
for civilians participating in funeral honor details. 
Subtitle H—Military Spouses and Family Members 
Sec. 571. Improved financial and other assistance to military spouses for job train-
ing and education. 
Sec. 572. Persons authorized to be included in surveys of military families regard-
ing Federal programs. 
Sec. 573. Clarification of treatment of classified information concerning persons in 
a missing status. 
Sec. 574. Transportation to annual meeting of next-of-kin of persons unaccounted 
for from conflicts afl;er World War II. 
Sec. 575. Amendments to charter of Defense Task Force on Domestic Violence. 
Subtitle I—Military Justice and Legal Assistance Matters 
Sec. 581. Blood alcohol content limit for the offense under the Uniform Code of 
Military Justice of drunken operation of a vehicle, aircraft, or vessel. 
Sec. 582. Requirement that coiuls-martial consist of not less than 12 members in 
capital cases. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1017 
Sec. 583. Acceptance of voluntary legal assistance for the civil affairs of members 
and former members of the uniformed services and their dependents. 
Subtitle J—Other Matters 
Sec. 591. Congressional review period for change in ground combat exclusion policy. 
Sec. 592. Per diem allowance for lengthy or nvunerous deplojonents. 
Sec. 593. Clarification of disability severance pay computation. 
Sec. 594. Transportation or storage of privately owned vehicles on change of perma-
nent station. 
Sec. 595. Repeal of requirement for final Comptroller General report relating to 
^^rmy end sta-ength allocations. 
Sec. 596. Continued Department of Defense administration of National Guard 
Challenge program and Department of Defense Starbase program. 
Sec. 597. Report on Defense Science Board recommendation on original appoint-
ments in regular grades for Academy graduates and certain other new 
officers. 
Sec. 598. Sense of Congress regarding the selection of officers for recommendation 
for appointment as Commander, United States Transportation Com-
mand. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 2002. 
Sec. 602. Basic pay rate for certain reserve commissioned officers with prior service 
as an enlisted member or warrant officer. 
Sec. 603. Reserve component compensation for distributed learning activities per-
formed as inactive-duty training. 
Sec. 604. Subsistence allowances. 
Sec. 605. Eligibility for temporary housing allowance while in travel or leave status 
between permanent duW stations. 
Sec. 606. Uniform allowance for officers. 
Sec. 607. Family separation allowance for members electing unaccompanied tour by 
reason of health limitations of dependents. 
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 nurse 
officer candidates, registered nurses, and niu:se anesthetists. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of other bonus and special pay authorities. 
Sec. 615. Hazardous duty pay for members of maritime visit, board, search, and 
seizure teams. 
Sec. 616. Eligibility for certain career continuation bonuses for early commitment 
to remain on active duty. 
Sec. 617. Secretarial discretion in prescribing submarine duty incentive pay rates. 
Sec. 618. Conforming accession bonus for dental officers authority with authorities 
for other special pay and bonuses. 
Sec. 619. Modification of eligibility requirements for Individual Ready Reserve 
bonus for reenlistment, enlistment, or extension of enlistment. 
Sec. 620. Installment payment authority for 15-year career status bonus. 
Sec. 621. Accession bonus for new officers in critical skills. 
Sec. 622. Education savings plan to encourage reenlistments and extensions of 
service in critical specialties. 
Sec. 623. Continuation of pajnnent of special and incentive pay at unreduced rates 
during stop loss periods. 
Sec. 624. Retroactive authorization for imminent danger pay for service in connec-
tion with Operation Enduring Freedom. 
Subtitle C—^Travel and Transportation Allowances 
Sec. 631. Minimum per diem rate for travel and transportation allowance for travel 
{)erformed upon a change of permanent station and certain other travel, 
igibility for payment of subsistence expenses associated with occupancy 
of temporary lodging incident to reporting to first permanent duty sta-
tion. 
Sec. 633. Reimbursement of members for mandatory pet quarantine fees for house-
hold pets. 
Sec. 634. Increased weight allowance for transportation of baggage and household 
effects for junior enlisted members. 
89-194 O - 03 - 2 QL 3 Part 2 
115 STAT. 1018 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 635. Eligibility of additional members for dislocation allowance. 
Sec. 636. Partial mslocation allowance authorized for housing moves ordered for 
Government convenience. 
Sec. 637. Allowances for travel performed in connection with members taking au-
thorized leave between consecutive overseas tours. 
Sec. 638. Travel and transportation allowances for family members to attend burial 
of a deceased member of the uniformed services. 
Sec. 639. Funded student travel for foreign study under an education program ap-
proved by a United States school. 
Subtitle D—Retirement and Survivor Benefit Matters 
Sec. 641. Contingent authority for concturent receipt of military retired pay and 
veterans' disability compensation and enhancement of special compensa-
tion authority. 
Sec. 642. Survivor Benefit Plan annviities for surviving spouses of members who die 
while on active duty and not eligible for retirement. 
Subtitle I>—Other Matters 
Sec. 651. Payment for unused leave in excess of 60 days accrued by members of re-
serve components on active duty for one year or less. 
Sec. 652. Additional authority to provide assistance for families of members of the 
Armed Forces. 
Sec. 653. Authorization of transitional compensation and commissary and exchange 
benefits for dependents of commissioned officers of the Public Health 
Service and the National Oceanic and Atmospheric Administration who 
are separated for dependent abuse. 
Sec. 654. Transfer of entitlement to educational assistance under Montgomery GI 
Bill by members of the Armed Forces with critical military skills. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—TRICARE Program Improvements 
Sec. 701. Sub-acute and long-term care program reform. 
Sec. 702. Prosthetics and hearing aids. 
Sec. 703. Durable medical equipment. 
Sec. 704. Rehabilitative therapy. 
Sec. 705. Report on mental health benefits. 
Sec. 706. Clarification of eligibility for reimbursement of travel expenses of adult 
accompanying patient in travel for specialty care. 
Sec. 707. TRICARE program limitations on payment rates for institutional health 
care providers and on balance billing by institutional and noninstitu-
tional health care providers. 
Sec. 708. Improvements in administration of the TRICARE program. 
Subtitle B—Senior Health Care 
Sec. 711. Clarifications and improvements regarding the Department of Defense 
Medicare-Eligible Retiree Health Care Fund. 
Subtitle C—Studies and Reports 
Sec. 721. Comptroller General study of health care coverage of members of the re-
serve components of the Armed Forces and the National Guard. 
Sec. 722. Comptroller Genersil study of adequacy and quahty of health care pro-
vided to women under the defense health program. 
Sec. 723. Repeal of obsolete report requirement. 
Sec. 724. Comptroller General report on requirement to provide screenings, phys-
ical examinations, and other care for certain members. 
Subtitle D—Other Matters 
Sec. 731. Prohibition against requiring military retirees to receive health care sole-
ly through the Department of Defense. 
Sec. 732. Fees for trauma and other medical care provided to civilians. 
Sec. 733. Enhancement of medical product development. 
Sec. 734. Pilot program providing for Department of Veterans Affairs support in 
the performance of separation physical examinations. 
Sec. 735. Modification of prohibition on requirement of nonavailability statement or 
preauthorization. 
Sec. 736. Transitional health care for members separated from active duty. 
Sec. 737. Two-year extension of health care management demonstration program. 
Sec. 738. Joint DOD-VA pUot program for providing graduate medical education 
and training for physicians. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1019 
TITLE VIII—ACQUISITION POUCY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Procurement Management and Administration 
Sec. 801. Management of procurement of services. 
Sec. 802. Savings goals for procurements of services. 
Sec. 803. Competition reqiurement for purchase of services pursuant to multiple 
award contracts. 
Sec. 804. Reports on maturity of technology at initiation of major defense acquisi-
tion programs. 
Subtitle B—Use of Preferred Sources 
Sec. 811. Applicability of competition requirements to purchases from a required 
source. 
Sec. 812. Extension of mentor-protege program. 
Sec. 813. Increase of assistance limitation regarding procurement technical assist-
ance program. 
Subtitle C—^Amendments to General Contracting Authorities, Procedures, 
and Related Matters 
Sec. 821. Amendments to conform with administrative changes in acquisition phase 
and milestone terminology and to make related adjustments in certain 
requirements applicable at milestone transition points. 
Sec. 822. Follow-on production contracts for products developed pursuant to proto-
type projects. 
Sec. 823. One-year extension of program applying simplified procedures to certain 
commercial items. 
Sec. 824. Acquisition workforce qualifications. 
Sec. 825. Report on implementation of recommendations of the acquisition 2005 
task force. 
Subtitle D—Other Matters 
Sec. 831. Identification of errors made by executive agencies in payments to con-
tractors and recovery of amounts erroneously paid. 
Sec. 832. Codification and modification of provision of law known as the "Berry 
amendment". 
Sec. 833. Personal services contracts to be performed by individuals or organiza-
tions abroad. 
Sec. 834. Requirements regarding insensitive munitions. 
Sec. 835. Inapplicability of limitation to small purchases of miniature or instru-
ment ball or roller bearings under certain circumstances. 
Sec. 836. Temporary emergency procurement authority to facilitate the defense 
against terrorism or biological or chemical attack. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Duties and Functions of Department of Defense Officers 
Sec. 901. Deputy Under Secretary of Defense for Personnel and Readiness. 
Sec. 902. Sense of Congress on functions of new Office of Force Transformation in 
the Office of the Secretary of Defense. 
Sec. 903. Suspension of reorganization of engineering and technical authority policy 
within the Naval Sea Systems Command pending report to congres-
sional committees. 
Subtitle B—Space Activities 
Sec. 911. Joint management of space programs. 
Sec. 912. Requirement to establish in the Air Force an officer career field for space. 
Sec. 913. Secretary of Defense report on space activities. 
Sec. 914. Comptroller General assessment of implementation of recommendations 
of Space Commission. 
Sec. 915. Sense of Congress regarding officers recommended to be appointed to 
serve as Commander of United States Space Command. 
Subtitle C—Reports 
Sec. 921. Revised requirement for Chairman of the Joint Chiefs of Staff to advise 
Secretary of Defense on the assignment of roles and missions to the 
Armed Forces. 
Sec. 922. Revised requirements for content of annual report on joint warfighting ex-
perimentation. 
115 STAT. 1020 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 923. Repeal of requirement for one of three remaining required reports on ac-
tivities of Joint Requirements Oversight Council. 
Sec. 924. Revised joint report on establishment of national collaborative informa-
tion analysis capability. 
Subtitle D—Other Matters 
Sec. 931. Conforming amendments relating to change of name of Military Airlift 
Command to Air Mobility Command. 
Sec. 932. Organizational realignment for Navy Director for Expeditionary Warfare. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003. Authorization of supplemental appropriations for fiscal year 2001. 
Sec. 1004. United States contribution to NATO common-funded budgets in fiscal 
year 2002. 
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations for 
fiscal year 2002. 
Sec. 1006. Maximum amount for National Foreign Intelligence Program. 
Sec. 1007. Clarification of applicability of interest penalties for late pajTnent of in-
terim payments due under contracts for services. 
Sec. 1008. Reliability of Department of Defense financial statements. 
Sec. 1009. Financial Management Modernization Executive Committee and finan-
cial feeder systems compliance process. 
Sec. 1010. Authorization of funds for ballistic missile defense programs or com-
bating terrorism programs of the Department of Defense. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1011. Authority to transfer naval vessels to certain foreign countries. 
Sec. 1012. Sale of Glomar Explorer to the lessee. 
Sec. 1013. Leasing of Navy ships for university national oceanographic laboratory 
system. 
Sec. 1014. Increase in limitetions on administrative authority of the Navy to settle 
admiralty claims. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension and restatement of authority to provide Department of De-
fense support for counter-drug activities of other governmental agen-
cies. 
Sec. 1022. Extension of reporting requirement regarding Department of Defense ex-
penditures to support foreign counter-drug activities. 
Sec. 1023. Authority to transfer Tracker aircraft currently used by Armed Forces 
for counter-drug purposes. 
Sec. 1024. Limitation on use of fiinds for operation of Tethered Aerostat Radar Sys-
tem pending submission of required report. 
Subtitle D—Strategic Forces 
Sec. 1031. Repeal of limitation on retirement or dismantlement of strategic nuclear 
delivery systems. 
Sec. 1032. Air Force bomber force structure. 
Sec. 1033. Additional element for revised nuclear posture review. 
Sec. 1034. Report on options for modernization and enhancement of missile wing 
helicopter support. 
Subtitle E—Other Department of Defense Provisions 
Sec. 1041. Secretary of Defense recommendation on need for Department of De-
fense review of proposed Federal agency actions to consider possible 
impact on national defense. 
Sec. 1042. Department of Defense reports to Congress to be accompanied by elec-
tronic version upon request. 
Sec. 1043. Department of Defense gift authorities. 
Sec. 1044. Acceleration of research, development, and production of medical coun-
termeasures for defense against biological warfare agents. 
Sec. 1045. Chemical and biological protective equipment for militery personnel and 
civilian employees of the Department of Defense. 
Sec. 1046. Sale of goods and services by Naval Magazine, Indian Island, Alaska. 
Sec. 1047. Report on procedures and guideUnes for embarkation of civilian guests 
on naval vessels for public affairs purposes. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1021 
Sec. 1048. Technical and clerical amendments. 
Sec. 1049. Termination of referendum reqiiirement regarding continuation of mili-
tary training on island of Vieques, Puerto Rico, and imposition of addi-
tional conditions on closure of live-fire training range. 
Subtitle F—Other Matters 
Sec. 1061. Assistance for firefighters. 
Sec. 1062. Extension of times for Commission on the Future of the United States 
Aerospace industry to report and to terminate. 
Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund. 
Sec. 1064. Waiver of vehicle weight limits during periods of national emergency. 
Sec. 1065. Repair, restoration, and preservation of Lafayette Escadrille Memorial, 
Mames-la-Coquette, France. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Subtitle A—Department of Defense Civilian Personnel 
Sec. 1101. Personnel pay and qualifications authority for Department of Defense 
Pentagon Reservation civilian law enforcement and security force. 
Sec. 1102. Pilot program for payment of retraining expenses. 
Sec. 1103. Authority of civilian employees to act as notaries. 
Sec. 1104. Authority to appoint certain health care professionals in the excepted 
service. 
Subtitle B—Civilian Personnel Management Generally 
Sec. 1111. Authority to provide hostile fire pay. 
Sec. 1112. Payment of expenses to obtain professional credentials. 
Sec. 1113. Parity in estabhshment of wage schedules and rates for prevailing rate 
employees. 
Sec. 1114. Modification of limitation on premium pay. 
Sec. 1115. Participation of personnel in technical standards development activities. 
Sec. 1116. Retention of travel promotional items. 
Sec. 1117. Apphcability of certain laws to certain individuals assigned to work in 
the Federal Government. 
Subtitle C—Intelligence Civilian Personnel 
Sec. 1121. Authority to increase maximiun number of positions in the Defense In-
telligence Senior Executive Service. 
Subtitle D—Matters Relating to Retirement 
Sec. 1131. Improved portability of retirement coverage for employees moving be-
tween civil service employment and employment by nonappropriated 
fund instrumentalities. 
Sec. 1132. Federal employment retirement credit for nonappropriated fund instru-
mentality service. 
Sec. 1133. Modification of limitations on exercise of voluntary separation incentive 
pay authority and voluntary early retirement authority. 
TITLE XII—MATTERS RELATING TO OTHER NATIONS 
Subtitle A—^Matters Related to Arms Control and Monitoring 
Sec. 1201. Clarification of authority to fiimish nuclear test monitoring equipment 
to foreign governments. 
Sec. 1202. Limitation on fiinding for Joint Data Exchange Center in Moscow. 
Sec. 1203. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 
Sec. 1204. Authority for employees of Federal Government contractors to accom-
pany chemical weapons inspection teams at Government-owned facili-
ties. 
Sec. 1205. Plan for securing nuclear weapons, material, and expertise of the states 
of the former Soviet Union. 
Subtitle B—^Matters Relating to Allies and Friendly Foreign Nations 
Sec. 1211. Acquisition of logistical support for security forces. 
Sec. 1212. Extension of authority for international cooperative research and devel-
opment projects. 
Sec. 1213. Cooperative agreements with foreign countries and international organi-
zations for reciprocal use of test lacilities. 
Sec. 1214. Sense of Congress on allied defense burdensharing. 
Subtitle C—Reports 
Sec. 1221. Report on significant sales and transfers of mihtary hardware, expertise, 
and technology to the People's Republic of China. 
115 STAT. 1022 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 1222. Repeal of requirement for reporting to Congress on military deplojrments 
to Haiti. 
Sec. 1223. Report by Comptroller General on provision of defense articles, services, 
and military education and training to foreign countries and inter-
national organizations. 
TITLE Xin—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. Limitation on use of funds until submission of reports. 
Sec. 1304. Requirement to consider use of revenue generated by activities carried 
out under Cooperative Threat Reduction programs. 
Sec. 1305. Prohibition against use of funds for second wing of fissile material stor-
age facility. 
Sec. 1306. Prohibition against use of funds for certain construction activities. 
Sec. 1307. Reports on activities and assistance under Cooperative Threat Reduction 
programs. 
Sec. 1308. Chemical weapons destruction. 
Sec. 1309. Additional matter in annual report on activities and assistance under 
Cooperative Threat Reduction programs. 
TITLE XIV—ARMED FORCES RETIREMENT HOME 
Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991. 
Sec. 1402. Definitions. 
Sec. 1403. Revision of authority establishing the Armed Forces Retirement Home. 
Sec. 1404. Chief Operating Officer. 
Sec. 1405. Residents of Retirement Home. 
Sec. 1406. Local Boards of Trustees. 
Sec. 1407. Directors, Deputy Directors, Associate Directors, and staff of faciUties. 
Sec. 1408. Disposition of effects of deceased persons and unclaimed property. 
Sec. 1409. Transitional provisions. 
Sec. 1410. Conforming and clerical amendments and repeals of obsolete provisions. 
TITLE XV—ACTTVITIES RELATING TO COMBATING TERRORISM 
Subtitle A—Increased Funding for Combating Terrorism 
Sec. 1501. Definitions. 
Sec. 1502. Authorization of emergency appropriations for fiscal year 2001 made by 
Public Law 107-38 and allocated for national defense functions. 
Sec. 1503. Authorization of emergency supplemental appropriations for fiscal year 
2002. 
Sec. 1504. Authorization of use of fiinds for military construction projects. 
Sec. 1505. Treatment of transferred amounts. 
Sec. 1506. Quarterly reports. 
Subtitle B—Policy Matters Relating to Combating Terrorism 
Sec. 1511. Study and report on the role of the Department of Defense with respect 
to homeland seciirity. 
Sec. 1512. Combating Terrorism Readiness Initiatives Fund for combatant com-
mands. 
Sec. 1513. Conveyances of equipment and related materials loaned to State and 
local governments as assistance for emergency response to a use or 
threatened use of a weapon of mass destruction. 
Sec. 1514. Two-year extension of advisory panel to assess domestic response capa-
biUties for terrorism involving weapons of mass destruction. 
TITLE XVI—UNIFORMED SERVICES VOTING 
Sec. 1601. Sense of Congress regarding the importance of voting. 
Sec. 1602. Voting assistance programs. 
Sec. 1603. Guarantee of residency for miUtary personnel. 
Sec. 1604. Electronic voting demonstration project. 
Sec. 1605. Governors' reports on implementation of recommendations for changes 
in State law made under Federal Voting Assistance Program. 
Sec. 1606. Simplification of voter registration and absentee ballot application proce-
dures for absent uniformed services and overseas voters. 
Sec. 1607. Use of certain Department of Defense faciUties as polling places. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1023 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
Sec. 2001. Short title; definition. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2001 projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2000 projects. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2001 projects. 
Sec. 2206. Modification of authority to carry out certain fiscal year 2000 project. 
TITLE XXra—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Modification of authority to carry out certain fiscal year 2001 projects. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations. Defense Agencies. 
Sec. 2404. Cancellation of authority to carry out certain fiscal year 2001 projects. 
Sec. 2405. Modification of authority to carry out certain fiscal year 2000 projects. 
Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project. 
Sec. 2407. Modification of authority to carry out certain fiscal year 1995 project. 
Sec. 2408. Prohibition on expenditures to develop forward operating location on 
Aruba. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FACILITIES 
Sec. 2601. Authorized guard and reserve construction and land acquisition projects. 
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1999 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects. 
Sec. 2704. Effective date. 
TITLE XXVIH-GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Increase in thresholds for certain unspecified minor military construc-
tion projects. 
Sec. 2802. Exclusion of unforeseen environmental hazard remediation from limita-
tion on authorized cost variations. 
Sec. 2803. Repeal of annual reporting requirement on military construction and 
military family housing activities. 
Sec. 2804. Funds for housing allowances of members assigned to military family 
housing under alternative authority for acquisition and improvement 
of military housing. 
Sec. 2805. Extension of alternative authority for acquisition and improvement of 
military housing. 
115 STAT. 1024 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 2806. Treatment of financing costs as allowable expenses under contracts for 
utility services from utility systems conveyed under privatization ini-
tiative. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Use of military installations for certain recreational activities. 
Sec. 2812. Availability of proceeds of sales of Department of Defense property from 
certain closed military installations. 
Sec. 2813. Pilot program to provide additional tools for efficient operation of mili-
tary installations. 
Sec. 2814. Demonstration program on reduction in long-term facility maintenance 
costs. 
Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas. 
Subtitle C—^Implementation of Prior Base Closure and Realignment 
Rounds 
Sec. 2821. Lease back of base closure property. 
Subtitle D—Land Conveyances 
PART I—^ARMY CONVEYANCES 
Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchorage, 
Alaska. 
Sec. 2832. Lease authority. Fort Derussy, Hawaii. 
Sec. 2833. Modification of land exchange. Rock Island Arsenal, Illinois. 
Sec. 2834. Land conveyance, Fort Des Moines, Iowa. 
Sec. 2835. Modification of land conveyances. Fort Dix, New Jersey. 
Sec. 2836. Land conveyance. Engineer Proving Ground, Fort Belvoir, Virginia. 
Sec. 2837. Land exchange and consolidation, Fort Lewis, Washington. 
Sec. 2838. Land conveyance. Army Reserve Center, Kewaunee, Wisconsin. 
PART II—^NAVY CONVEYANCES 
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, Humboldt 
County, California. 
Sec. 2842. Land conveyance. Port of Long Beach, CaUfomia. 
Sec. 2843. Conveyance of pier. Naval Base, San Diego, California. 
Sec. 2844. Modification of authority for conveyance of Naval Computer and Tele-
communications Station, Cutler, Maine. 
Sec. 2845. Land transfer and conveyance. Naval Security Group Activity, Winter 
Harbor, Maine. 
Sec. 2846. Land acquisition, Perquimans County, North Carolina. 
Sec. 2847. Land conveyance. Naval Weapons Industrial Reserve Plant, Toledo, 
Ohio. 
Sec. 2848. Modification of land conveyance, former United States Marine Corps Air 
Station, Eagle Mountain Lake, Texas. 
PART III—AIR FORCE CONVEYANCES 
Sec. 2851. Conveyance of avigation easements, former Norton Air Force Base, Cali-
fornia. 
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado. 
Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam. 
Sec. 2854. Conveyance of segment of Loring petrolemn pipeline, Maine, and related 
easements. 
Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air Force 
Base and Bangor Air National Guard Base, Maine. 
Sec. 2856. Land conveyances, certain former Minuteman III ICBM facilities in 
North Dakota. 
Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina. 
Sec. 2858. Transfer of jiuisdiction, Mukilteo Tank Farm, Everett, Washington. 
Subtitle E—Other Matters 
Sec. 2861. Management of the Presidio of San Francisco. 
Sec. 2862. Transfer of jurisdiction for development of Air Force morale, welfare, 
and recreation facility. Park City, Utah. 
Sec. 2863. Alternate site for United States Air Force Memorial, preservation of 
open space on Arlington Ridge tract, and related land transfer at Ar-
lington National Cemetery, \^rginia. 
Sec. 2864. Establishment of memorial to victims of terrorist attack on Pentagon 
Reservation and authority to accept monetary contributions for memo-
rial and repair of Pentagon. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1025 
Sec. 2865. Repeal of limitation on cost of renovation of Pentagon Reservation. 
Sec. 2866. Development of United States Army Heritage and Education Center at 
Carlisle Barracks, Pennsylvania. 
Sec. 2867. Effect of limitation on construction of roads or highways, Marine Corps 
Base^ Camp Pendleton, California. 
Sec. 2868. Establishment of World War II memorial at additional location on 
Guam. 
Sec. 2869. Demonstration project for piu-chase of fire, seciuity, poUce, public works, 
and utility services from local government agencies. 
Sec. 2870. Report on mtiu-e land needs of United States Military Academy, New 
York, and adjacent community. 
Sec. 2871. Naming of Patricia C. Lamar Army National Guard Readiness Center, 
Oxford, Mississippi. 
TITLE XXIX—FORT IRWIN MILITARY LAND WITHDRAWAL 
Sec. 2901. Short title. 
Sec. 2902. Withdrawal and reservation of lands for National Training Center. 
Sec. 2903. Map and legal description. 
Sec. 2904. Management of withdrawn and reserved lands. 
Sec. 2905. Water rights. 
Sec. 2906. Environmental compliance and environmental response requirements. 
Sec. 2907. West Mojave Coordinated Management Plan. 
Sec. 2908. Release of wilderness study areas. 
Sec. 2909. Training activity separation from utility corridors. 
Sec. 2910. Duration of withdrawal and reservation. 
Sec. 2911. Extension of initial withdrawal and reservation. 
Sec. 2912. Termination and relinquishment. 
Sec. 2913. Delegation of authority. 
TITLE XXX—REALIGNMENT AND CLOSURE OF MILITARY INSTALLA-
TIONS AND PREPARATION OF INFRASTRUCTURE PLAN FOR THE NU-
CLEAR WEAPONS COMPLEX 
Sec. 3001. Authorization of round of realignments and closures of military installa-
tions in 2005. 
Sec. 3002. Selection criteria. 
Sec. 3003. Revised procedures for making recommendations for realignments and 
closures and commission consideration of recommendations. 
Sec. 3004. Limitations on privatization in place. 
Sec. 3005. Department of Defense Base Closure Account 2005. 
Sec. 3006. Implementation of closure and realignment decisions. 
Sec. 3007. Technical and clarifying amendments. 
Sec. 3008. Preparation of infrastructure plan for the nuclear weapons complex. 
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 restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense environmental management privatization. 
Sec. 3105. Defense nuclear waste disposal. 
Subtitle B—Recurring General Provisions 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on minor construction projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for conceptual and construction design. 
Sec. 3126. Authority for emergency planning, design, ana construction activities. 
Sec. 3127. Funds available for aU national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Sec. 3129. Transfer 01 defense environmental management funds. 
Sec. 3130. Transfer of weapons activities funds. 
Subtitle C—Program Authorizations, Restrictions, and Limitations 
Sec. 3131. Consolidation of Nuclear Cities Initiative program with Initiatives for 
ProUferation Prevention program. 
115 STAT. 1026 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 3132. Nuclear Cities Initiative. 
Sec. 3133. Limitation on availability of funds for weapons activities for facilities 
and infrastructure. 
Sec. 3134. Limitation on availability of funds for other defense activities for na-
tional security programs administrative support. 
Sec. 3135. Termination date of Office of River Protection, Richland, Washington. 
Sec. 3136. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico. 
Sec. 3137. Reports on achievement of milestones for National Ignition Facility. 
Subtitle D—Matters Relating to Management of the National Nuclear 
Security Administration 
Sec. 3141. Establishment of Principal Deputy Administrator of National Nuclear 
Security Administration. 
Sec. 3142. Elimination of requirement that national seciirity laboratories and nu-
clear weapons production facilities report to Deputy Administrator for 
Defense Programs. 
Sec. 3143. Repeal of duplicative provision relating to dual office holding by per-
sonnel of National Nuclear Security Administration. 
Sec. 3144. Report on adequacy of Federal pay and hiring authorities to meet per-
sonnel requirements of National Nuclear Security Administration. 
Subtitle E—Other Matters 
Sec. 3151. Improvements to Energy Employees Occupational Illness Compensation 
Program. 
Sec. 3152. Department of Energy counterinteUigence polygraph program. 
Sec. 3153. One-year extension of authority of Department of Energy to pay vol-
untary separation incentive pasmients. 
Sec. 3154. Annual assessment and report on vulnerability of Department of Energy 
facilities to terrorist attack. 
Sec. 3155. Disposition of surplus defense plutonium at Savannah River Site, Aiken, 
South Carolina. 
Sec. 3156. Modification of date of report of panel to assess the reliabihty, safety, 
and security of the United States nuclear stockpile. 
Subtitle F—Rocky Flats National Wildlife Refuge 
Sec. 3171. Short title. 
Sec. 3172. Findings and pmposes. 
Sec. 3173. Definitions. 
Sec. 3174. Future ownership and management. 
Sec. 3175. Transfer of management responsibilities and jurisdiction over Rocky 
Flats. 
Sec. 3176. Administration of retained property; continuation of cleanup and closure. 
Sec. 3177. Rocky Flats National Wildhfe Refuge. 
Sec. 3178. Comprehensive planning process. 
Sec. 3179. Property rights. 
Sec. 3180. Liabilities and other obligations. 
Sec. 3181. Rocky Flats Museum. 
Sec. 3182. Annual report on funding. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Definitions. 
Sec. 3302. Authorized uses of stockpile funds. 
Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile. 
Sec. 3304. Revision of hmitations on required disposals of certain materials in Na-
tional Defense Stockpile. 
Sec. 3305. Acceleration of required disposal of cobalt in National Defense Stockpile. 
Sec. 3306. Restriction on disposal of manganese ferro. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2002. 
Sec. 3502. Define "war risks to vessels to include confiscation, expropriation, na-
tionalization, and deprivation of the vessels. 
Sec. 3503. Holding obligor's cash as collateral under title XI of Merchant Marine 
Act, 1936. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1027 
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 Program. 
Subtitle B—^Army Programs 
Sec. 111. Repeal of limitations on bunker defeat munitions program. 
Sec. 112. Extension of pilot program on sales of manufactured articles and services 
of certain Anny industrial facilities without regard to availability from 
domestic sources. 
Sec. 113. Limitations on acquisition of interim armored vehicles and deployment of 
interim brigade combat teams. 
Subtitle C—Navy Programs 
Sec. 121. Virginia class submarine program. 
Sec. 122. MuTtiyear procurement authority for F/A-18E/F aircraft engines. 
Sec. 123. V-22 Osprey aircraft program. 
Sec. 124. Report on status of V--22 Osprey aircraft before resumption of flight test-
ing. 
Subtitle D—^Air Force Programs 
Sec. 131. Multiyear procurement authority for C-17 aircraft. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
2002 for procurement for the Army as follows: 
(1) For aircraft, $2,075,372,000. 
(2) For missiles, $1,086,954,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$2,348,145,000. 
(4) For ammunition, $1,187 233,000. 
(5) For other procurement, $4,044,080,000. 
SEC. 
1
0
2
. 
NAVY 
AND 
MARINE 
CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2002 for procurement for the Navy as follows: 
(1) For aircraft, $8,323,147,000. 
(2) For 
weapons, including 
missiles 
and 
torpedoes, 
$1,484,321,000. 
115 STAT. 1028 
PUBLIC LAW 107-107—DEC. 28, 2001 
(3) For shipbuilding and conversion, $9,370,972,000. 
(4) For other procurement, $4,282,471,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2002 for procurement for the Marine Corps 
in the amount of $1,014,637,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2002 for procurement 
of ammunition for the Navy and the Marine Corps in the amount 
of $466,907,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2002 for procurement for the Air Force as follows: 
(1) For aircraft, $10,789,167,000. 
(2) For missiles, $3,222,636,000. 
(3) For ammunition, $881,844,000. 
(4) For other procurement, $8,196,021,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
2002 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$2,279,482,000. 
SEC. 105. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for fiscal year 
2002 for procurement for the Inspector General of the Department 
of Defense in the amount of $2,800,000. 
SEC. 106, CHEMICAL 
AGENTS 
AND 
MUNITIONS 
DESTRUCTION, 
DEFENSE. 
There is hereby authorized to be appropriated for fiscal year 
2002 for the Department of Defense for Chemical Agents and Muni-
tions Destruction, Defense, the amount of $1,153,557,000 for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 107. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for fiscal year 
2002 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 $267,915,000. 
Subtitle B—^Army Programs 
SEC. 111. REPEAL OF LIMITATIONS ON BUNKER DEFEAT MUNITIONS 
PROGRAM, 
Section 116 of the National Defense Authorization Act for Fiscal 
Year 1995 (PubUc Law 103-337; 108 Stat. 2682) is repealed. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1029 
SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFAC-
TURED ARTICLES AND SERVICES OF CERTAIN ARMY 
INDUSTRIAL FACIUTIES WITHOUT REGARD TO AVAIL-
ABILITY FROM DOMESTIC SOURCES. 
Section 141(a) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 10&-85; 10 U.S.C. 4543 note) is 
amended— 
(1) by striking "through 2001" and inserting "through 
2002"; and 
(2) by inserting before the period at the end the following: 
", except that during fiscal year 2002 the Secretary may only 
use articles manufactured at, and services provided by, not 
more than one Army industrial facility". 
SEC. 113. LIMITATIONS ON ACQUISITION OF INTERIM 
ARMORED 
VEHICLES AND DEPLOYMENT OF INTERIM BRIGADE COM-
BAT TEAMS. 
Section 113 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-23) is amended— 
(1) by redesignating subsection (f) as subsection (j); and 
(2) by inserting after subsection (e) the following new sub-
sections: 
"(f) WAIVER OF COMPARISON REQUIREMENT.—The Secretary of 
Defense may waive subsections (c) and (e)(1) and submit to the 
congressional defense committees a certification under subsection 
(e)(2) without regard to the requirement in that subsection for 
the completion of a comparison of costs and operational effectiveness 
if the Secretary includes in the submittal a certification of each 
of the following: 
"(1) That the results of executed tests and existing analyses 
are sufficient for making a meaningful comparison of the costs 
and operational effectiveness of the interim armored vehicles 
referred to in subparagraph (A) of subsection (c)(1) and the 
medium armored vehicles referred to in subparagraph (B) of 
such subsection. 
"(2) That the conduct of a comparative evaluation of those 
vehicles in a realistic field environment would provide no 
significant additional data relevant to that comparison. 
"(3) That the Secretary has evaluated the existing data 
on cost and operational effectiveness of those vehicles and, 
taking that data into consideration, approves the obligation 
of funds for the acquisition of additional interim armored 
vehicles. 
"(4) That sufficient resources will be requested in the 
future-years defense program to fully fund the Army's require-
ments for interim brigade combat teams. 
"(5) That the force structure resulting from the establish-
ment of the interim brigade combat teams and the subsequent 
achievement of operational capability by those teams will not 
diminish the combat power of the Army. 
"(g) EXPERIMENTATION PROGRAM.—The Secretary of the Army 
shall develop and provide resources for an experimentation program 
that will— 
"(1) provide information as to the design of the objective 
force; and 
115 STAT. 1030 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(2) include a formal linkage of the interim brigade combat 
teams to that experimentation. 
"(h) OPERATIONAL EVALUATION.—(1) The Secretary of the Army 
shall conduct an operational evaluation of the initial interim brigade 
combat team. The evaluation shall include deployment of the team 
to the evaluation site and team execution of combat missions across 
the full spectrum of potential threats and operational scenarios. 
"(2) The operational evaluation imder paragraph (1) may not 
be conducted until the plan for such evaluation is approved by 
the Director of Operational Test and Evaluation of the Department 
of Defense. 
"(i) 
LIMITATION ON 
PROCUREMENT OF 
INTERIM ARMORED 
VEHICLES AND DEPLOYMENT OF IBCTS.—(1) The actions described 
in paragraph (2) may not be taken until the date that is 30 days 
after the date on which the Secretary of Defense— 
Reports. 
"(A) submits to Congress a report on the operational evalua-
tion carried out under subsection (h); and 
Certification. 
"(B) certifies to Congress that the results of that operational 
evaluation indicate that the design for the interim brigade 
combat team is operationally effective and operationally suit-
able. 
"(2) The limitation in paragraph (1) applies to the following 
actions: 
"(A) Procurement of interim armored vehicles in addition 
to those necessary for equipping the first three interim brigade 
combat teams. 
"(B) Deployment of any interim brigade combat team out-
side the United States. 
"(3) The Secretary of Defense may waive the applicability of 
paragraph (1) to a deployment described in paragraph (2)(B) if 
the Secretary— 
"(A) determines that the deployment is in the national 
security interests of the United States; and 
"(B) submits to Congress, in writing, a notification of the 
waiver together with a discussion of the reasons for the 
waiver.". 
Subtitle C—Navy Programs 
SEC. 121. VIRGINIA CLASS SUBMARINE PROGRAM. 
Section 123(b)(1) 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-25) is amended— 
(1) by striking "five Virginia class submarines" and 
inserting "seven Virginia class submarines"; and 
(2) by striking "2006" and inserting "2007". 
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E/F AIR-
CRAFT ENGINES. 
(a) MULTIYEAR AUTHORITY.—^Beginning with the 2002 program 
year, the Secretary of the Navy may, in accordance with section 
2306b of title 10, United States Code, enter into a multiyear contract 
for the procurement of engines for F/A-18E/F aircraft. 
(b) REQUIRED CERTIFICATIONS.—In the case of a contract 
authorized by subsection (a) of this section, a certification under 
subsection (i)(l)(A) of section 2306b of title 10, United States Code, 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1031 
with respect to that contract may only be submitted if the certifi-
cation includes an additional certification that each of the conditions 
specified in subsection (a) of that section has been satisfied with 
respect to that contract. 
(c) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.—^Upon trans-
mission to Congress of a certification referred to in subsection 
(b) with respect to a contract authorized by subsection (a), the 
contract may then be entered into only after a period of 30 days 
has elapsed after the date of the transmission of such certification. 
SEC. 123. V-22 OSPREY AIRCRAFT PROGRAM. 
The production rate for V-22 Osprey aircraft may not be 
increased above the minimum sustaining production rate for which 
funds are authorized to be appropriated by this Act until the Sec-
retary of Defense certifies to Congress that successful operational 
testing of the aircraft demonstrates that— 
(1) the solutions to the problems regarding the reliability 
of hydraulic system components and flight control software 
that were identified by the panel appointed by the Secretary 
of Defense on January 5, 2001, to review the V-22 aircraft 
program are adequate to achieve low risk for crews and pas-
sengers aboard V-22 aircraft that are operating under oper-
ational conditions; 
(2) the V-22 aircraft can achieve reliability and maintain-
ability levels that are sufficient for the aircraft to achieve 
operational availability at the level required for fleet aircraft; 
(3) the V-22 aircraft will be operationally effective— 
(A) when employed in operations with other V-22 air-
craft; and 
(B) when employed in operations with other types of 
aircraft; and 
(4) the V-22 aircraft can be operated effectively, taking 
into consideration the downwash effects inherent in the oper-
ation of the aircraft, when the aircraft— 
(A) is operated in remote areas with unimproved ter-
rain and facilities; 
(B) is deploying and recovering personnel— 
(i) while hovering within the zone of ground effect; 
and 
(ii) while hovering outside the zone of ground 
effect; and 
(C) is operated with external loads. 
SEC. 124. REPORT ON STATUS OF V-22 OSPREY AIRCRAFT BEFORE 
RESUMPTION OF FLIGHT TESTING. 
Not later than 30 days before the resumption of flight testing Deadline. 
of the V-22 Osprey aircraft, the Secretary of Defense shall submit 
to Congress a report containing the following: 
(1) A comprehensive description of the status of the hydrau-
lics system and flight control software of the V-22 Osprey 
aircraft, including— 
(A) a description and analysis of any deficiencies in 
the hydraulics system and flight control software of the 
V-22 Osprey aircraft; and 
(B) a description and assessment of the actions taken 
to redress each such deficiency. 
115 STAT. 1032 
PUBLIC LAW 107-107—DEC. 28, 2001 
(2) A description of the current actions, and any proposed 
actions, of the Department of Defense to implement the rec-
ommendations of the panel appointed by the Secretary of 
Defense on January 5, 2001, to review the V-22 aircraft pro-
gram. 
(3) An assessment of the recommendations of the National 
Aeronautics and Space Administration on tiltrotor aero-
mechanics provided in a briefing to the Undersecretary of 
Defense for Acquisition, Logistics, and Technology on August 
14, 2001. 
(4) Notice of the waiver, if any, of any item capability 
or any other requirement specified in the Joint Operational 
Requirements Document for the V-22 Osprey aircraft, including 
a justification of each such waiver. 
Subtitle D—^Air Force Programs 
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C-17 AIR-
CRAFT. 
(a) MULTIYEAR AUTHORITY.—^Beginning with the 2002 program 
year, the Secretary of the Air Force may enter into a m\iltiyear 
contract for the procurement of up to 60 C-17 aircraft. Such a 
contract shall be entered into in accordance with section 2306b 
of title 10, United States Code, except that, notwithstanding sub-
section (k) of such section, such a contract may be for a period 
of six program years. 
(b) REQUIRED CERTIFICATIONS.—In the case of a contract 
authorized by subsection (a) of this section, a certification under 
subsection (i)(l)(A) of section 2306b of title 10, United States Code, 
with respect to that contract may only be submitted if the certifi-
cation includes an additional certification that each of the conditions 
specified in subsection (a) of that section has been satisfied with 
respect to that contract. 
(c) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.—^Upon trans-
mission to Congress of a certification referred to in subsection 
(b) with respect to a contract authorized by subsection (a), the 
contract may then be entered into only after a period of 30 days 
has elapsed after the date of the transmission of such certification. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—^Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic and applied research. 
Sec. 203. Supplemental authorization of appropriations for fiscal year 2001 for re-
search, development, test, and evaluation. Defense-wide. 
Subtitle B—^Program Requirements, Restrictions, and Limitations 
Sec. 211. Naval siuface fire support assessment. 
Sec. 212. Collaborative program for development of advanced radar systems. 
Sec. 213. Repeal of limitations on total cost of engineering and manufacturing de-
velopment for F-22 aircraft program. 
Sec. 214. Joint Tbioiogical defense program. 
Sec. 215. Cooperative Department of Defense-Department of Veterans Affairs med-
ical research program. 
Sec. 216. C-5 aircraft reuability enhancement and reengining program. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1033 
Subtitle C—Ballistic Missile Defense 
Sec. 231. Transfer of responsibility for procurement for missile defense programs 
from Ballistic Missile Defense Organization to military departments. 
Sec. 232. Program elements for Ballistic Missile Defense Organization. 
Sec. 233. Support of ballistic missile defense activities of the Department of De-
fense by the national defense laboratories of the Department of Energy. 
Sec. 234. Missile defense testing initiative. 
Sec. 235. Construction of test bed facilities for missile defense system. 
Subtitle D—Air Force Science and Technology for the 21st Century 
Sec. 251. Short title. 
Sec. 252. Science and technology investment and development planning. 
Sec. 253. Study and report on effectiveness of Air Force science and technology pro-
gram changes. 
Subtitle E—Other Matters 
Sec. 261. Establishment of unmanned aerial vehicle joint operational test bed sys-
tem. 
Sec. 262. Demonstration project to increase small business and university partici-
pation in Office of Naval Research efforts to extend benefits of science 
and technology research to fleet. 
Sec. 263. Communication of safety concerns from operational test and evaluation 
officials to program managers. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2002 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $6,675,325,000. 
(2) For the Navy, $10,784,264,000. 
(3) For the Air Force, $ 14,407,187 000. 
(4) For Defense-wide activities, $14,593,995,000, of which 
$221,355,000 is authorized for the Director of Operational Test 
and Evaluation. 
SEC. 202. AMOUNT FOR BASIC AND APPUED RESEARCH. 
(a) FISCAL YEAR 2002.—Of the amounts authorized to be appro-
priated by section 201, $5,070,605,000 shall be available for basic 
research and applied research projects. 
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—^For 
purposes of this section, the term "basic research and applied 
research" means work funded in program elements for defense 
research and development under Department of Defense category 
6.1 or 6.2. 
SEC. 203. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR 
FISCAL YEAR 2001 FOR RESEARCH, DEVELOPMENT, TEST, 
AND EVALUATION, DEFENSE-WIDE. 
In addition to the funds authorized to be appropriated under 
section 201(4) 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-32), there is hereby authorized to be 
appropriated $1,000,000 for fiscal year 2001 for the use of the 
Department of Defense for research, development, test, and evalua-
tion, for Defense-wide activities. 
115 STAT. 1034 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
Deadline. 
Subtitle B—Program Requirements, 
Restrictions, and Limiitations 
SEC. 
211. 
NAVAL 
SURFACE 
FIRE 
SUPPORT 
ASSESSMENT. 
(a) ASSESSMENT REQUIRED.—^The Secretary of Defense shall 
carry out an assessment of the requirements for naval surface 
fire support of ground forces operating in the littoral environment, 
including the role of an advanced fire support missile system for 
Navy combatant vessels. The matters assessed shall include the 
Secretary of the Navy's program plan, schedule, and funding for 
meeting such requirements. 
(b) REPORT.—^Not later than March 31, 2002, the Secretary 
of Defense shall submit to the congressional defense committees 
a report containing the results of the assessment required by sub-
section (a). 
SEC. 212. COLLABORATIVE 
PROGRAM 
FOR 
DEVELOPMENT 
OF 
ADVANCED RADAR SYSTEMS. 
(a) PROGRAM REQUIRED.—^The Secretary of Defense shall carry 
out a program to develop and demonstrate advanced technologies 
and concepts leading to advanced radar systems for naval and 
other applications. 
(b) DESCRIPTION OF PROGRAM.—^The program under subsection 
(a) shall be carried out collaboratively by the Director of Defense 
Research and Engineering, the Secretary of the Navy, the Director 
of the Defense Advanced Research Projects Agency, and other appro-
priate elements of the Department of Defense. The program shall 
include the following activities: 
(1) Activities needed for development and maturation of 
the technologies for advanced electronics materials to extend 
the range and sensitivity of radars. 
(2) Identification of acquisition systems for use of the new 
technology. 
(c) REPORT.—Not later than March 31, 2002, the Director of 
Defense Research and Engineering shall submit to the congressional 
defense committees a report on the implementation of the program 
under subsection (a). The report shall include the following: 
(1) A description of the management plan for the program 
and any agreements relating to that plan. 
(2) A schedule for the program. 
(3) Identification of the funding required for fiscal year 
2003 and for the future-years defense program to carry out 
the program. 
(4) A list of program capability goals and objectives. 
SEC. 213. REPEAL OF LIMITATIONS ON TOTAL COST OF ENGINEERING 
AND MANUFACTURING DEVELOPMENT FOR F-22 AIRCRAFT 
PROGRAM. 
(a) REPEAL.—^The following provisions of law are repealed: 
(1) Section 217(a) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660). 
(2) Section 8125 of the Department of Defense Appropria-
tions Act, 2001 (Public Law 106-259; 114 Stat. 702). 
(3) Section 219(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-38). 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1035 
(b) CONFORMING AMENDMENTS.—(1) Section 217 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1660), as amended by subsection (a)(1), is further 
amended— 
(A) in subsection (c)— 
(i) by striking "limitations set forth in subsections (a) 
and (b)" and inserting "limitation set forth in subsection 
(b)";and 
(ii) by striking paragraph (3); and 
(B) in subsection (d)(2), by striking subparagraphs (D) and 
(E). 
(2) Section 131 of the National Defense Authorization Act for 
Fiscal Year 2000 (PubUc Law 106-65; 113 Stat. 536) is amended— 
(A) in subsection (a)(2), by striking "That the" and all 
that follows through "respectively," and inserting "That the 
production phase for that program can be executed within 
the limitation on total cost applicable to that program under 
subsection (b)"; and 
(B) in subsection (b)(3), by striking "for the remainder 
of the engineering and manufacturing development phase and". 
SEC. 214. JOINT BIOLOGICAL DEFENSE PROGRAM. 
Section 217(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-36) is amended by striking 
"funds authorized to be appropriated by this Act may not" and 
inserting "no funds authorized to be appropriated to the Department 
of Defense for fiscal year 2002 may". 
SEC. 215. COOPERATIVE DEPARTMENT OF DEFENSE-DEPARTMENT OF 
VETERANS AFFAIRS MEDICAL RESEARCH PROGRAM. 
Of the funds authorized to be appropriated by section 201(4), 
$2,500,000 shall be available for the cooperative Department of 
Defense/Department of Veterans Affairs medical research program. 
The Secretary of Defense shall transfer such amount to the Sec- Deadline, 
retary of Veterans Affairs for such purpose not later than 30 days 
after the date of the enactment of this Act. 
SEC. 216. C-5 AIRCRAFT RELIABILITY ENHANCEMENT AND REENGIN-
ING PROGRAM. 
(a) KIT DEVELOPMENT.—^The Secretary of the Air Force shall 
ensure that engineering manufacturing and development under the 
C-5 aircraft reliability enhancement and reengining program 
includes kit development for at least one C-5A aircraft. 
(b) AIRCRAFT TO B E USED FOR KIT DEVELOPMENT.—The C-
5A aircraft to be used for purposes of the kit development under 
subsection (a) shall be an aircraft from among the 74 C-5A aircraft 
of the Air Force. 
Subtitle C—Ballistic Missile Defense 
SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCUREMENT FOR 
MISSILE DEFENSE PROGRAMS FROM BALLISTIC MISSILE 
DEFENSE ORGANIZATION TO MILITARY DEPARTMENTS. 
(a) 
BUDGETING 
OF 
MISSILE 
DEFENSE 
PROCUREMENT 
AUTHORITY.—Section 224 of title 10, United States Code is 
amended— 
115 STAT. 1036 
PUBLIC LAW 107-107—DEC. 28, 2001 
(1) in subsection (a), by striking "procurement" both places 
it appears and inserting "research, development, test, and 
evaluation"; and 
(2) by striking subsections (b) and (c) and inserting the 
following: 
"(b) TRANSFER CRITERIA.—(1) The Secretary of Defense shall 
establish criteria for the transfer of responsibility for a ballistic 
missile defense program from the Director of the Ballistic Missile 
Defense Organization to the Secretary of a military department. 
The criteria established for such a transfer shall, at a minimum, 
address the following: 
"(A) The technical maturity of the program. 
"(B) The availability of facilities for production. 
"(C) The commitment of the Secretary of the military 
department concerned to procurement funding for that program, 
as shown by funding through the future-years defense program 
and other defense planning documents. 
"(2) The Secretary shall submit the criteria established, and 
any modifications to those criteria, to the congressional defense 
committees. 
"(c) NOTIFICATION OF TRANSFER.—Before responsibility for a 
ballistic missile defense program is transferred from the Director 
of the Ballistic Missile Defense Organization to the Secretary of 
a military department, the Secretary of Defense shall submit to 
the congressional defense committees notice in writing of the Sec-
retarjr's intent to make that transfer. The Secretary shall include 
with such notice a certification that the program has met the 
criteria established under subsection (b) for such a transfer. The 
transfer may then be carried out after the end of the 60-day period 
beginning on the date of such notice. 
"(d) CONFORMING BUDGET AND PLANNING TRANSFERS.—^When 
a ballistic missile defense program is transferred from the Ballistic 
Missile Defense Organization to the Secretary of a military depart-
ment in accordance with this section, the Secretary of Defense 
shall ensure that all appropriate conforming changes are made 
to proposed or projected funding allocations in the future-years 
defense program under section 221 of this title and other Depart-
ment of Defense program, budget, and planning documents. 
"(e) FOLLOW-ON RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION.—^The Secretary of Defense shall ensure that, before a ballistic 
missile defense program is transferred from the Director of the 
Ballistic Missile Defense Organization to the Secretary of a military 
department, roles and responsibilities for research, development, 
test, and evaluation related to system improvements for that pro-
gram are clearly defined. 
"(f) CONGRESSIONAL DEFENSE COMMITTEES.—In this section, 
the term 'congressional defense committees' means the following: 
"(1) The Committee on Armed Services and the Committee 
on Appropriations of the Senate. 
"(2) The Committee on Armed Services and the Committee 
on Appropriations of the House of Representatives.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of that section 
is amended to read as follows: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1037 
"§224. Ballistic 
missile 
defense 
programs: 
display 
of 
amounts for research, 
development, 
test, 
and 
evaluation". 
(2) The item relating to that section in the table of sections 
at the beginning of chapter 9 of such title is amended to read 
as follows: 
"224. Ballistic missile defense programs: display of amounts for research, develop-
ment, test, and evaluation.'. 
SEC. 232. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE 
ORGANIZATION. 
(a) REVISION IN PROGRAM ELEMENTS.—Subsection (a) of section 
223 of title 10, United States Code, is amended— 
(1) by striking "in accordance with the following program 
elements:" and inserting "in accordance with program elements 
governing functional areas as follows:"; and 
(2) by striking paragraphs (1) through (12) and inserting 
the following: 
"(1) Technology. 
"(2) Ballistic Missile Defense System. 
"(3) Terminal Defense Segment. 
"(4) Midcourse Defense Segment. 
"(5) Boost Defense Segment. 
"(6) Sensors Segment.". 
(b) ADDITIONAL REQUIREMENTS.—Subsection (b) of such section 
is amended to read as follows: 
"(b) 
SEPARATE PROGRAM ELEMENTS FOR PROGRAMS ENTERING 
ENGINEERING AND MANUFACTURING DEVELOPMENT.—<1) The Sec-
retary of Defense shall ensure that each ballistic missile defense 
program that enters engineering and manufacturing development 
is assigned a separate, dedicated program element. 
"(2) In this subsection, the term 'engineering and manufacturing 
development' means the development phase whose primary objec-
tives are to— 
"(A) translate the most promising design approach into 
a stable, interoperable, producible, supportable, and cost-effec-
tive design; 
"(B) validate the manufacturing or production process; and 
"(C) demonstrate system capabilities through testing.". 
(c) REQUIREMENT FOR ANNUAL PROGRAM GOALS.—<1) The Sec- 
lo use 2431 
retary of Defense shall each year establish cost, schedule, testing, i^ote. 
and performance goals for the ballistic missile defense programs 
of the Department of Defense for the period covered by the future-
years defense program that is submitted to Congress that year 
under section 221 of title 10, United States Code. Not later than Deadline. 
February 1 each year, the Secretary shall submit to the congres-
sional defense committees a statement of the goals so established. 
(2) The statement of goals submitted under paragraph (1) for 
any year after 2002 shall be an update of the statement submitted 
under that paragraph for the preceding year. 
(3) Each statement of goals submitted under paragraph (1) 
shall set forth cost, schedule, testing, and performance goals that 
pertain to each functional area program element identified in sub-
section (a), and each program element identified in subsection (b), 
of section 223 of title 10, United States Code. 
(d) ANNUAL PROGRAM PLAN.—(1) With the submission of the 
10 use 2431 
statement of goals under subsection (c) for any year, the Secretary note. 
115 STAT. 1038 
PUBLIC LAW 107-107—DEC. 28, 2001 
of Defense shall submit to the congressional defense committees 
a program of activities planned to be carried out for each missile 
defense program that enters engineering and 
manufacturing 
development (as defined in section 223(b)(2) of title 10, United 
States Code, as added by subsection (b)). 
(2) Each program plan under paragraph (1) shall include the 
following: 
(A) A funding profile that includes an estimate of— 
(i) the total expenditures to be made in the fiscal 
year in which the plan is submitted and the following 
fiscal year, together with the estimated total life-cycle costs 
of the program; and 
(ii) a display of such expenditures (shown for signifi-
cant procurement, construction, and research and develop-
ment) for the fiscal year in which the plan is submitted 
and the following fiscal year. 
(B) A program schedule for the fiscal year in which the 
plan is submitted and the following fiscal year for each of 
the following: 
(i) Significant procurement. 
(ii) Construction. 
(iii) Research and development. 
(iv) Flight tests. 
(v) Other significant testing activities. 
(3) Information specified in paragraph (2) need not be included 
in the plan for any year under paragraph (1) to the extent such 
information has already been provided, or will be provided in the 
current fiscal year, in annual budget justification documents of 
the Department of Defense submitted to Congress or in other 
required reports to Congress. 
10 use 2431 
(e) INTERNAL D O D REVIEWS.—(1) The officials and elements 
note. 
of the Department of Defense specified in paragraph (2) shall on 
an ongoing basis— 
(A) review the development of goals under subsection (c) 
and the annual program plan under subsection (d); and 
(B) provide to the Secretary of Defense and the Director 
of the Ballistic Missile Defense Organization any comments 
on such matters as considered appropriate. 
(2) Paragraph (1) applies with respect to the following: 
(A) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. 
(B) The Director of Operational Test and Evaluation. 
(C) The Director of Program Analysis and Evaluation. 
(D) The Joint Requirements Oversight Council. 
(E) The Cost Analysis and Improvement Group. 
1
0 use 2431 
(f) DEMONSTRATION OF CRITICAL TECHNOLOGIES.—(1) 
The 
note. 
Director of the Ballistic Missile Defense Organization shall develop 
a plan for ensuring that each critical technology for a missile 
defense program is successfully demonstrated in an appropriate 
environment before that technology enters into operational service 
as part of a missile defense program. 
(2) The Director of Operational Test and Evaluation of the 
Department of Defense shall monitor the development of the plan 
under paragraph (1) and shall submit to the Director of the Ballistic 
Missile Defense Organization any comments regarding that plan 
that the Director of Operational Test and Evaluation considers 
appropriate. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1039 
(g) COMPTROLLER GENERAL ASSESSMENT.—(1) At the conclusion 
of each of fiscal years 2002 and 2003, the Comptroller General 
of the United States shall assess the extent to which the Ballistic 
Missile Defense Organization achieved the goals established under 
subsection (c) for such fiscal year. 
(2) Not later than February 15, 2003, and February 15, 2004, 
the Comptroller General shall submit to the congressional defense 
committees a report on the Comptroller General's assessment under 
paragraph (1) with respect to the preceding fiscal year. 
(h) ANNUAL OT&E ASSESSMENT OF TEST PROGRAM.—(1) The 
Director of Operational Test and Evaluation shall each year assess 
the adequacy and sufficiency of the Ballistic Missile Defense 
Organization test program during the preceding fiscal year. 
(2) Not later than February 15 each year the Director shall 
submit to the congressional defense committees a report on the 
assessment under paragraph (1) with respect to the preceding fiscal 
year. 
SEC. 
233. SUPPORT 
OF 
BALLISTIC 
MISSILE 
DEFENSE 
ACTIVITIES 
OF 
THE DEPARTMENT OF DEFENSE BY 
THE 
NATIONAL 
DEFENSE LABORATORIES OF THE DEPARTMENT OF 
ENERGY. 
(a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MISSILE DEFENSE 
ACTIVITIES.—Of the amounts authorized to be appropriated to the 
Department of Defense pursuant to section 201(4), $25,000,000 
shall be available, subject to subsection (b) and at the discretion 
of the Director of the Ballistic Missile Defense Organization, for 
research, development, and demonstration activities at the national 
laboratories of the Department of Energy in support of the missions 
of the Ballistic Missile Defense Organization, including the following 
activities: 
(1) Technology development, concept demonstration, and 
integrated testing to enhance performance, reduce risk, and 
improve reliability in hit-to-kill interceptors for ballistic missile 
defense. 
(2) Support for science and engineering teams to assess 
critical technical problems and prudent alternative approaches 
as agreed upon by the Director of the Ballistic Missile Defense 
Organization and the Administrator for Nuclear Security. 
(b) REQUIREMENT FOR MATCHING FUNDS FROM NNSA.—Funds 
shall be available as provided in subsection (a) only if the Adminis-
trator for Nuclear Security makes available matching funds for 
the activities referred to in subsection (a). 
(c) MEMORANDUM OF UNDERSTANDING.—^The activities referred 
to in subsection (a) shall be carried out under the memorandum 
of understanding entered into by the Secretary of Energy and 
the Secretary of Defense for the use of national laboratories for 
ballistic missile defense programs, as required by section 3131 
of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105-85; 111 Stat. 2034) and modified pursuant to 
section 3132 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-
398; 114 Stat. 1654A-455) to provide for jointly funded projects. 
SEC. 234. MISSILE DEFENSE TESTING INITIATIVE. 
(a) TESTING INFRASTRUCTURE.—(1) The Secretary of Defense 
shall ensure that each annual budget request of the Department 
of Defense— 
10 use 2431 
note. 
Deadlines. 
Reports. 
10 use 2431 
note. 
Deadline. 
Reports. 
10 use 2431 
note. 
115 STAT. 1040 
PUBLIC LAW 107-107—DEC. 28, 2001 
(A) is designed to provide for comprehensive testing of 
ballistic missile defense programs during early stages of 
development; and 
(B) includes necessary funding to support and improve 
test infrastructure and provide adequate test assets for the 
testing of such programs. 
(2) The Secretary shall ensure that ballistic missile defense 
programs incorporate, to the greatest possible extent, operationally 
realistic test configurations (referred to as "test bed" configurations) 
to demonstrate system performance across a broad range of capa-
bility and, during final stages of operational testing, to demonstrate 
reliable performance. 
(3) The Secretary shall ensure that the test infrastructure 
for ballistic missile defense programs is capable of supporting 
continued testing of ballistic missile defense systems after deploy-
ment. 
(b) REQUIREMENTS FOR EARLY STAGES OF SYSTEM DEVELOP-
MENT.—In order to demonstrate acceptable risk and developmental 
stability, the Secretary of Defense shall ensure that any ballistic 
missile defense program incorporates, to the maximum extent prac-
ticable, the following elements during the early stages of system 
development: 
(1) Pursuit of parallel conceptual approaches and techno-
logical paths for all critical problematic components until effec-
tive and reliable solutions can be demonstrated. 
(2) Comprehensive ground testing in conjunction with 
flight-testing for key elements of the proposed system that 
are considered to present high risk, with such ground testing 
to make use of existing facilities and combinations of facilities 
that support testing at the highest possible levels of integration. 
(3) Where appropriate, expenditures to enhance 
the 
capabilities of existing test facilities, or to construct new test 
facilities, to support alternative complementary test methodolo-
gies. 
(4) Sufficient funding of test instrumentation to ensure 
accurate measurement of all critical test events. 
(5) Incorporation into the program of sufficient schedule 
flexibility and expendable test assets, including missile inter-
ceptors and targets, to ensure that failed or aborted tests can 
be repeated in a prudent, but expeditious manner. 
(6) Incorporation into flight-test planning for the program, 
where possible, of— 
(A) methods that make the most cost-effective use of 
test opportunities; 
(B) events to demonstrate engagement of multiple tar-
gets, "shoot-look-shoot", and other planned operational con-
cepts; and 
(C) exploitation of opportunities to facilitate early 
development and demonstration of "family of systems" con-
cepts. 
(c) SPECIFIC REQUIREMENTS FOR GROUND-BASED MID-COURSE 
INTERCEPTOR SYSTEMS.—^For ground-based mid-course interceptor 
systems, the Secretary of Defense shall initiate steps during fiscal 
year 2002 to establish a flight-test capability of launching not 
less than three missile defense interceptors and not less than two 
ballistic missile targets to provide a realistic test infrastructure. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1041 
SEC. 235. CONSTRUCTION OF TEST BED FACILITIES FOR MISSILE 
DEFENSE SYSTEM. 
(a) AUTHORITY TO ACQUIRE OR CONSTRUCT FACILITIES.—(1) The 
Secretary of Defense, using funds appropriated to the Department 
of Defense for research, development, test, and evaluation for fiscal 
years after fiscal year 2001 that are available for programs of 
the Ballistic Missile Defense Organization, may carry out all 
construction projects, or portions of construction projects, including 
projects for the acquisition, improvement, or construction of facili-
ties, necessary to establish and operate the Missile Defense System 
Test Bed. 
(2) The authority provided in subsection (a) may be used to 
acquire, improve, or construct facilities at a total cost not to exceed 
$500,000,000. 
(b) AUTHORITY TO PROVIDE ASSISTANCE TO LOCAL COMMU-
NITIES.—(1) Subject to paragraph (2), the Secretary of Defense, 
using funds appropriated to the Department of Defense for research, 
development, test, and evaluation for fiscal year 2002 that are 
available for programs of the Ballistic Missile Defense Organization, 
may provide assistance to local communities to meet the need 
for increased municipal or community services or facilities resulting 
from the construction, installation, or operation of the Missile 
Defense System Test Bed Facilities. Such assistance may be pro-
vided by grant or otherwise. 
(2) Assistance may be provided to a community under para-
graph (1) only if the Secretary of Defense determines that there 
is an immediate and substantial increase in the need for municipal 
or community services or facilities as a direct result of the construc-
tion, installation, or operation of the Missile Defense System Test 
Bed Facilities. 
Subtitle D—^Air Force Science and 
Technology for the 21st Century 
SEC 251. SHORT TITLE. 
This subtitle may be cited as the "Air Force Science and Tech-
nology for the 21st Century Act". 
SEC. 252. SCIENCE AND TECHNOLOGY INVESTMENT AND DEVELOP-
MENT PLANNING. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of the Air Force should carry out each of the following: 
(1) Continue and improve efforts to ensure that— 
(A) the Air Force science and technology community 
is represented, and the recommendations of that commu-
nity are considered, at all levels of program planning and 
budgetary decisionmaking within the Air Force; 
(B) advocacy for science and technology development 
is institutionalized across all levels of Air Force manage-
ment in a manner that is not dependent on individuals; 
and 
(C) the value of Air Force science and technology 
development is made increasingly apparent to the war-
fighters, by linking the needs of those warfighters with 
decisions on science and technology development. 
Air Force Science 
and Technology 
for the 21st 
Century Act. 
10 use 2501 
note. 
10 use 2501 
note. 
115 STAT. 1042 
PUBLIC LAW 107-107—DEC. 28, 2001 
(2) Complete and adopt a policy directive that provides 
for changes in how the Air Force makes budgetary and non-
budgetary decisions with respect to its science and technology 
development programs and how it carries out those programs. 
(3) At least once every five years, conduct a review of 
the long-term challenges and short-term objectives of the Air 
Force science and technology programs that is consistent with 
the review specified in section 252 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-
46). 
(4) Ensure that development and science and technology 
planning and investment activities are carried out for future 
space warfighting systems and for future nonspace warfighting 
systems in an integrated manner. 
(5) Elevate the position within the Office of the Secretary 
of the Air Force that has primary responsibility for budget 
and policy decisions for science and technology programs. 
O
t
>
) REINSTATEMENT OF DEVELOPMENT PLANNING.—(1) The Sec-
retary of the Air Force shall reinstate and implement a revised 
development planning process that provides for each of the fol-
lowing: 
(A) Coordinating the needs of Air Force warfighters with 
decisions on science and technology development. 
(B) Giving input into the establishment of priorities among 
science and technology programs. 
(C) Analyzing Air Force capability options for the allocation 
of Air Force resources. 
(D) Developing concepts for technology, warfighting sys-
tems, and operations with which the Air Force can achieve 
its critical future goals. 
(E) Evaluating concepts for systems and operations that 
leverage technology across Air Force organizational boundaries. 
(F) Ensuring that a "system-of-systems" approach is used 
in carrying out the various Air Force capability planning exer-
cises. 
(G) Utilizing existing analysis capabilities within the Air 
Force product centers in a collaborative and integrated manner. 
Deadline. 
(2) Not later than one year after the date of the enactment 
Reports. 
of this Act, the Secretary of the Air Force shall submit to Congress 
a report on the implementation of the planning process required 
by paragraph (1). The report shall include the annual amount 
that the Secretary considers necessary to carry out paragraph (1). 
10 use 2501 
SEC. 253. STUDY AND REPORT ON EFFECTIVENESS OF AIR FORCE 
note. 
SCIENCE AND TECHNOLOGY PROGRAM CHANGES. 
(a) REQUIREMENT.—The Secretary of the Air Force, in coopera-
tion with the National Research Council of the National Academy 
of Sciences, shall carry out a study to determine how the changes 
to the Air Force science and technology program implemented 
during the past two years affect the ftiture capabilities of the 
Air Force. 
(b) MATTERS STUDIED.—(1) The study shall review and assess 
whether such changes as a whole are sufficient to ensure the 
following: 
(A) That the concerns about the management of the science 
and technology program that have been raised by Congress, 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1043 
the Defense Science Board, the Air Force Science Advisory 
Board, and the Air Force Association have been adequately 
addressed. 
(B) That appropriate and sufficient technology is available 
to ensure the military superiority of the United States and 
counter future high-risk threats. 
(C) That the science and technology investments are bal-
anced to meet the near-, mid-, and long-term needs of the 
Air Force. 
(D) That technologies are made available that can be used 
to respond flexibly and quickly to a wide range of future threats. 
(E) That the Air Force organizational structure provides 
for a sufficiently senior level advocate of science and technology 
to ensure an ongoing, effective presence of the science and 
technology community during the budget and planning process. 
(2) In addition, the study shall assess the specific changes 
to the Air Force science and technology program as follows: 
(A) Whether the biannual science and technology summits 
provide sufficient visibility into, and understanding and appre-
ciation of, the value of the science and technology program 
to the senior level of Air Force budget and policy decision-
makers. 
(B) Whether the applied technology councils are effective 
in contributing the input of all levels beneath the senior leader-
ship into the coordination, focus, and content of the science 
and technology program. 
(C) Whether the designation of the commander of the Air 
Force Materiel Command as the science and technology budget 
advocate is effective to ensure that an adequate Air Force 
science and technology budget is requested. 
(D) Whether the revised development planning process is 
effective to aid in the coordination of the needs of the Air 
Force warfighters with decisions on science and technology 
investments and the establishment of priorities among different 
science and technology programs. 
(E) Whether the implementation of section 252 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-46) is effective to identify the basis for the appropriate 
science and technology program funding level and investment 
portfolio. 
(c) REPORT.—Not later than May 1, 2003, the Secretary of Deadline, 
the Air Force shall submit to Congress the results of the study. 
Subtitle E—Other Matters 
SEC. 261. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE JOINT 
OPERATIONAL TEST BED SYSTEM. 
(a) ESTABLISHMENT OF TEST BED SYSTEM.—The commander 
of the United States Joint Forces Command shall establish a govern-
ment flight activity capability (referred to as a "test bed") within 
the facilities and resources of that command to evaluate and ensure 
joint interoperability of unmanned aerial vehicle systems. That 
capability shall be independent of the military departments and 
shall be managed directly by the Joint Forces Command. 
115 STAT. 1044 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) PRIORITY FOR USE OF PREDATOR ASSETS.—The Secretary 
of the Navy shall ensure that the commander of the United States 
Joint Forces Command controls the priority for use of the two 
Predator unmanned aerial vehicles currently undergoing oper-
ational testing by the Navy, together with associated payloads 
and antennas and the associated tactical control system (TCS) 
ground station. 
(c) USE BY JOINT FORCES COMMAND.—The items specified to 
in subsection (b) may be used by the commander of the United 
States Joint Forces Command only through the independent joint 
operational test bed system established pursuant to subsection (a) 
for testing of those items, including further development of the 
associated tactical control system (TCS) ground station, other 
aspects of unmanned aerial vehicle interoperability, and participa-
tion in such experiments and exercises as the commander considers 
appropriate to the mission of that command. 
10 use 5022 
SEC. 262. DEMONSTRATION PROJECT TO INCREASE SMALL BUSINESS 
note. 
AND UNIVERSITY PARTICIPATION IN OFFICE OF NAVAL 
RESEARCH EFFORTS TO EXTEND BENEFITS OF SCIENCE 
AND TECHNOLOGY RESEARCH TO FLEET. 
(a) PROJECT REQUIRED.—The Secretary of the Navy, acting 
through the Chief of Naval Research, shall carry out a demonstra-
tion project to increase access to Navy facilities of small businesses 
and universities that are engaged in science and technology research 
beneficial to the fleet. 
(b) PROJECT ELEMENTS.—In carrying out the demonstration 
project, the Secretary shall— 
(1) establish and operate a Navy Technology Extension 
Center at a location to be selected by the Secretary; 
(2) permit participants in the Small Business Innovation 
Research Program (SBIR) and Small Business Technology 
Transfer Program (STTR) that are awarded contracts by the 
Office of Naval Research to access and use Navy Major Range 
Test Facilities Base (MRTFB) facilities selected by the Secretary 
for purposes of carrying out such contracts, and charge such 
participants for such access and use at the same established 
rates that Department of Defense customers are charged; and 
(3) permit universities, institutions of higher learning, and 
federally funded research and development centers collabo-
rating with participants referred to in paragraph (2) to access 
and use such facilities for such purposes, and charge such 
entities for such access and use at such rates. 
(c) PERIOD OF PROJECT.—The demonstration project shall be 
carried out during the three-year period beginning on the date 
of the enactment of this Act. 
Deadline. 
(d) REPORT.—Not later than February 1, 2004, the Secretary 
shall submit to Congress a report on the demonstration project. 
The report shall include a description of the activities carried out 
under the demonstration project and any recommendations for the 
improvement or expansion of the demonstration project that the 
Secretary considers appropriate. 
SEC. 263. COMMUNICATION OF SAFETY CONCERNS FROM OPER-
ATIONAL TEST AND EVALUATION OFFICIALS TO PROGRAM 
MANAGERS. 
Section 139 of title 10, United States Code, is amended— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1045 
(1) by redesignating subsections (f) through (i) as sub-
sections (g) through (j), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section: 
"(f) The Director shall ensure that safety concerns developed 
during the operational test and evaluation of a weapon system 
under a major defense acquisition program are communicated in 
a timely manner to the program manager for that program for 
consideration in the acquisition decisionmaking process.". 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—^Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Transfer from National Defense Stockpile Transaction Fund. 
Sec. 305. Funds for renovation of Department of Veterans Affairs facilities adjacent 
to Naval Training Center, Great Lakes, Illinois. 
Sec. 306. Defense Language Institute Foreign Language Center expanded Arabic 
language program. 
Subtitle B—Environmental Provisions 
Sec. 311. Inventory of unexploded ordnance, discarded military munitions, and mu-
nitions constituents at defense sites (other than operational ranges). 
Sec. 312. Establishment of new program element for remediation of unexploded 
ordnance, discarded military munitions, and munitions constituents. 
Sec. 313. Assessment of environmental remediation of unexploded ordnance, dis-
carded military munitions, and munitions constituents. 
Sec. 314. Conformity of surety authority under environmental restoration program 
with surety authority under CERCLA. 
Sec. 315. Elimination of annual report on contractor reimbursement for costs of en-
vironmental response actions. 
Sec. 316. Pilot program for sale of air pollution emission reduction incentives. 
Sec. 317. Department of Defense energy efficiency program. 
Sec. 318. Procurement of alternative fiiieled and hybrid light duty trucks. 
Sec. 319. Reimbursement of Environmental Protection Agency for certain response 
costs in connection with Hooper Sands Site, South Berwick, Maine. 
Sec. 320. River mitigation studies. 
Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities 
Sec. 331. Commissary benefits for new members of the Ready Reserve. 
Sec. 332. Reimbursement for use of commissary facilities by military departments 
for purposes other than commissary sales. 
Public releases of commercially valuable information of commissary 
stores. 
Rebate agreements with producers of foods provided under special supple-
mental food program. 
Civil recovery for nonappropriated fund instrumentality costs related to 
shoplifting. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
333 
334 
335 
341 
342 
Subtitle D—^Workforce and Depot Issues 
Revision of authority to waive limitation on performance of depot-level 
maintenance. 
Exclusion of certain expenditures from limitation on private sector per-
formance of depot-level maintenance. 
Sec. 343. Protections for purchasers of articles and services manufactvu"ed or per-
formed by working-capital funded industrial facilities of the Department 
of Defense. 
Sec. 344. Revision of deadline for annual report on commercial and industrial ac-
tivities. 
Sec. 345. Pilot manpower reporting system in Department of the Army. 
Sec. 346. Development of Army workload and performance system and Wholesale 
Logistics Modernization Program. 
115 STAT. 1046 
PUBLIC LAW 107-107—DEC. 28, 2001 
Subtitle E—Defense Dependents Education 
Sec. 351. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 352. Impact aid for children with severe disabilities. 
Sec. 353. Availability of auxiliary services of defense dependents' education system 
for dependents who are home school students. 
Sec. 354. Comptroller General study of adequacy of compensation provided for 
teachers in the Department of Defense overseas dependents' schools. 
Subtitle F—Other Matters 
Sec. 361. Availability of excess defense personal property to support Department of 
Veterans Affairs initiative to assist homeless veterans. 
Sec. 362. Incremental implementation of Navy-Marine Corps Intranet contract. 
Sec. 363. Comptroller General study and report of National Guard Distributive 
Training Technology Project. 
Sec. 364. Reauthorization of warranty claims recovery pilot program. 
Sec. 365. Evaluation of current demonstration programs to improve quality of per-
sonal property shipments of members. 
Sec. 366. Sense of Congress regarding security to be provided at 2002 Winter 
Olympic Games. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 2002 for the use 
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for oper-
ation and maintenance, in amounts as follows: 
(1) For the Army, $20,653,241,000. 
(2) For the Navy, $26,461,299,000. 
(3) For the Marine Corps, $2,872,524,000. 
(4) For the Air Force, $25,598,767,000. 
(5) For Defense-wide activities, $11,949,586,000. 
(6) For the Army Reserve, $ 1,824,146,000. 
(7) For the Naval Reserve, $1,000,050,000. 
(8) For the Marine Corps Reserve, $142,853,000. 
(9) For the Air Force Reserve, $2,029,866,000. 
(10) For the Army National Guard, $3,696,559,000. 
(11) For the Air National Guard, $3,967,361,000. 
(12) For the Defense Inspector General, $149,221,000. 
(13) For the United States Court of Appeals for the Armed 
Forces, $9,096,000. 
(14) For Environmental Restoration, Army, $389,800,000. 
(15) For Environmental Restoration, Navy, $257,517,000. 
(16) 
For 
Environmental 
Restoration, 
Air 
Force, 
$385,437,000. 
(17) 
For 
Environmental 
Restoration, 
Defense-wide, 
$23,492,000. 
(18) For 
Environmental 
Restoration, 
Formerly 
Used 
Defense Sites, $230,255,000. 
(19) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $49,700,000. 
(20) For Drug Interdiction and Counter-drug Activities, 
Defense-wide, $820,381,000. 
(21) For the Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Trust Fund, $40,000,000. 
(22) For Defense Health Program, $17,570,750,000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1047 
(23) 
For 
Cooperative 
Threat 
Reduction 
programs, 
$403,000,000. 
(24) For Overseas Contingency Operations Transfer Fund, 
$2,844,226,000. 
(25) For Support for International Sporting Competitions, 
Defense, $15,800,000. 
(b) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $125,000,000, which represents savings 
resulting from reduced energy costs, 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2002 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving fiinds in amounts as follows: 
(1) For the Defense Working Capital Funds, $1,656,396,000. 
(2) For the National Defense Sealift Fund, $407,708,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
(a) AMOUNT FOR FISCAL YEAR 2002.—^There is hereby author-
ized to be appropriated for fiscal year 2002 from the Armed Forces 
Retirement Home Trust Fund the sum of $71,440,000 for the oper-
ation of the Armed Forces Retirement Home. 
(b) AVAILABILITY OF AMOUNTS PREVIOUSLY APPROPRIATED.— 
Of amounts appropriated from the Armed Forces Retirement Home 
Trust Fund for fiscal year 2002 (and previous fiscal years to the 
extent such amounts remain unobligated), $22,400,000 shall be 
available, subject to the review and approval of the Secretary of 
Defense, for the development and construction of a blended use, 
multicare facility at the Naval Home and for the acquisition of 
a parcel of real property adjacent to the Naval Home consisting 
of approximately 15 acres. 
SEC. 304. 
TRANSFER FROM NATIONAL 
DEFENSE 
STOCKPILE 
TRANS-
ACTION 
FUND. 
(a) TRANSFER AUTHORITY.—^To the extent provided in appropria-
tions Acts, not more than $150,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to 
operation and maintenance accounts for fiscal year 2002 in amounts 
as follows: 
(1) For the Army, $50,000,000. 
(2) For the Navy, $50,000,000. 
(3) For the Air Force, $50,000,000. 
(b) TREATMENT OF TRANSFERS.—Amounts transferred under 
this section— 
(1) shall be merged with, and be available for the same 
purposes and the same period as, the amounts in the accounts 
to which transferred; and 
(2) may not be expended for an item that has been denied 
authorization of appropriations by Congress. 
(c) 
RELATIONSHIP 
TO 
OTHER 
TRANSFER 
AUTHORITY.—^The 
transfer authority provided in this section is in addition to the 
transfer authority provided in section 1001. 
115 STAT. 1048 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 305. FUNDS FOR RENOVATION OF DEPARTMENT OF VETERANS 
AFFAIRS FACIUTIES ADJACENT TO NAVAL 
TRAINING 
CENTER, GREAT LAKES, ILLINOIS. 
(a) AVAILABILITY OF FUNDS FOR RENOVATION.—Subject to sub-
section (b), of the amount authorized to be appropriated by section 
301(a)(2) for operation and maintenance for the Navy, the Secretary 
of the Navy may make available to the Secretary of Veterans 
Affairs up to $2,000,000 for relocation of Department of Veterans 
Affairs activities and associated renovation of existing facilities 
at the North Chicago Department of Veterans Affairs Medical 
Center, Illinois. 
(b) LIMITATION.—^The Secretary of the Navy may make funds 
available under subsection (a) only after the Secretary of the Navy 
and the Secretary of Veterans Affairs enter into an appropriate 
agreement for the use by the Secretary of the Navy of approximately 
48 acres of real property at the North Chicago Department of 
Veterans Affairs property referred to in subsection (a) for expansion 
of the Naval Training Center, Great Lakes, Illinois. 
SEC. 
3
0
6
. 
DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE 
CENTER 
EXPANDED 
ARABIC 
LANGUAGE 
PROGRAM. 
Of the amount authorized to be appropriated by section 
301(a)(1) for operation and maintenance for the Army, $650,000 
may be available for the Defense Language Institute Foreign Lan-
guage Center for an expanded Arabic language program. 
Subtitle B—Environmental Provisions 
SEC. 311. INVENTORY OF UNEXPLODED ORDNANCE, DISCARDED MILI-
TARY MUNITIONS, AND MUNITIONS CONSTITUENTS AT 
DEFENSE SITES (OTHER THAN OPERATIONAL RANGES). 
(a) INVENTORY REQUIRED.—(1) Chapter 160 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§2710. Inventory of unexploded ordnance, discarded mili-
tary munitions, and munitions constituents at 
defense sites (other than operational ranges) 
"(a) INVENTORY REQUIRED.—(1) The Secretary of Defense shall 
develop and maintain an inventory of defense sites that are known 
or suspected to contain unexploded ordnance, discarded military 
munitions, or munitions constituents. 
"(2) The information in the inventory for each defense site 
shall include, at a minimum, the following: 
"(A) A unique identifier for the defense site. 
"(B) An appropriate record showing the location, bound-
aries, and extent of the defense site, including identification 
of the State and political subdivisions of the State in which 
the defense site is located and any Tribal lands encompassed 
by the defense site. 
"(C) Known persons and entities, other than a military 
department, with any current ownership interest or control 
of lands encompassed by the defense site. 
"(D) Any restrictions or other land use controls currently 
in place at the defense site that might affect the potential 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1049 
for public and environmental exposure to the unexploded ord-
nance, discarded military munitions, or munitions constituents. 
"(b) SITE PRIORITIZATION.—(1) The Secretary shall develop, in 
consultation with representatives of the States and Indian Tribes, 
a proposed protocol for assigning to each defense site a relative 
priority for response activities related to unexploded ordnance, dis-
carded military munitions, and munitions constituents based on 
the overall conditions at the defense site. After public notice and 
comment on the proposed protocol, the Secretary shall issue a 
final protocol and shall apply the protocol to defense sites listed 
on the inventory. The level of response priority assigned the site 
shall be included with the information required by subsection (a)(2). 
"(2) In assigning the response priority for a defense site on 
the inventory, the Secretary shall primarily consider factors relating 
to safety and environmental hazard potential, such as the following: 
"(A) 
Whether 
there 
are 
known, 
versus 
suspected, 
unexploded ordnance, discarded military munitions, or muni-
tions constituents on all or any portion of the defense site 
and the types of unexploded ordnance, discarded military muni-
tions, or munitions constituents present or suspected to be 
present. 
"(B) Whether public access to the defense site is controlled, 
and the effectiveness of these controls. 
"(C) The 
potential 
for 
direct 
human 
contact 
with 
unexploded ordnance, discarded military munitions, or muni-
tions constituents at the defense site and evidence of people 
entering the site. 
"(D) Whether a response action has been or is being under-
taken at the defense site under the Formerly Used Defense 
Sites program or other program. 
"(E) The planned or mandated dates for transfer of the 
defense site from military control. 
"(F) The extent of any documented incidents involving 
unexploded ordnance, discarded military munitions, or muni-
tions constituents at or from the defense site, including 
incidents involving explosions, discoveries, injuries, reports, and 
investigations. 
"(G) The potential for drinking water contamination or 
the release of munitions constituents into the air. 
"(H) The potential for destruction of sensitive ecosystems 
and damage to natursd resources. 
"(3) The priority assigned to a defense site included on the 
inventory shall not impair, alter, or diminish any applicable Federal 
or State authority to establish requirements for the investigation 
of, and response to, environmental problems at the defense site. 
"(c) UPDATES AND AVAILABILITY.—(1) The Secretary shall 
annually update the inventory and site prioritization list to reflect 
new information that becomes available. The inventory shall be 
available in published and electronic form. 
"(2) The Secretary shall work with communities adjacent to 
a defense site to provide information concerning conditions at the 
site and response activities. At a minimum, the Secretary shall 
provide the site inventory information and site prioritization list 
to appropriate Federal, State, tribal, and local officials, and, to 
the extent the Secretary considers appropriate, to civil defense 
or emergency management agencies and the public. 
"(d) EXCEPTIONS.—^This section does not apply to the following: 
Protocol. 
Public 
information. 
Applicability. 
89-194 O - 03 - 3 QL 3 Part 2 
115 STAT. 1050 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(1) Any locations outside the United States. 
"(2) The presence of military munitions resulting from com-
bat operations. 
"(3) Operating storage and manufacturing facilities. 
"(4) Operational ranges. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'defense site' applies to locations that are 
or were owned by, leased to, or otherwise possessed or used 
by the Department of Defense. The term does not include 
any operational range, operating storage or manufacturing 
facility, or facility that is used for or was permitted for the 
treatment or disposal of military munitions. 
"(2) The term 'discarded military munitions' means military 
munitions that have been abandoned without proper disposal 
or removed from storage in a military magazine or other storage 
area for the purpose of disposal. The term does not include 
unexploded ordnance, military munitions that are being held 
for future use or planned disposal, or military munitions that 
have been properly disposed of, consistent with applicable 
environmental laws and regulations. 
"(3)(A) The term 'military munitions' means all ammunition 
products and components produced for or used by the armed 
forces for national defense and security, including ammunition 
products or components under the control of the Department 
of Defense, the Coast Guard, the Department of Energy, and 
the National Guard. The term includes confined gaseous, liquid, 
and solid propellants, explosives, pyrotechnics, chemical and 
riot control agents, smokes, and incendiaries, including bulk 
explosives and chemical warfare agents, chemical munitions, 
rockets, guided and ballistic missiles, bombs, warheads, mortar 
rounds, artillery ammunition, small arms ammunition, gre-
nades, mines, torpedoes, depth charges, cluster munitions and 
dispensers, demolition charges, and devices and components 
thereof. 
"(B) The term does not include wholly inert items, impro-
vised explosive devices, and nuclear weapons, nuclear devices, 
and nuclear components, except that the term does include 
nonnuclear components of nuclear devices that are managed 
under the nuclear weapons program of the Department of 
Energy after all required sanitization operations under the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been 
completed. 
"(4) The term 'munitions constituents' means any materials 
originating from unexploded ordnance, discarded military muni-
tions, or other military munitions, including explosive and non-
explosive materials, and emission, degradation, or breakdown 
elements of such ordnance or munitions. 
"(5) The term 'operational range' means a military range 
that is used for range activities, or a military range that is 
not currently being used, but that is still considered by the 
Secretary to be a range area, is under the jurisdiction, custody, 
or control of the Department of Defense, and has not been 
put to a new use that is incompatible with range activities. 
"(6) The term 'possessions' includes Johnston Atoll, King-
man Reef, Midway Island, Nassau Island, Palmyra Island, and 
Wake Island. 
"(7) The term 'Secretary means the Secretary of Defense. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1051 
"(8) The term 'State' means the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands, and the territories 
and possessions. 
"(9) The term 'unexploded ordnance' means military muni-
tions that— 
"(A) have been primed, fused, armed, or otherwise 
prepared for action; 
"(B) have been fired, dropped, launched, projected, or 
placed in such a manner as to constitute a hazard to 
operations, installations, personnel, or material; and 
"(C) remain unexploded either by malfunction, design, 
or any other cause. 
"(10) The term 'United States', in a geographic sense, means 
the States, territories, and possessions and associated navigable 
waters, contiguous zones, and ocean waters of which the natural 
resources are under the exclusive management authority of 
the United States.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2710. Inventory of unexploded ordnance, discarded military munitions, and muni-
tions constituents at defense sites (other than operational ranges).". 
(b) INITIAL INVENTORY.—^The requirements of section 2710 of Deadlines, 
title 10, United States Code, as added by subsection (a), shall 10USC2710 
be implemented as follows: 
^
°
*
®
" 
(1) The initial inventory required by subsection (a) of such 
section shall be completed not later than May 31, 2003. 
(2) The proposed prioritization protocol required by sub-
section (b) of such section shall be available for public comment 
not later than November 30, 2002. 
SEC. 312. ESTABLISHMENT OF NEW PROGRAM ELEMENT FOR REMEDI-
ATION OF UNEXPLODED ORDNANCE, DISCARDED MILI-
TARY MUNITIONS, AND MUNITIONS CONSTITUENTS. 
Section 2703 of title 10, United States Code, is amended— 
(1) by redesignating subsections (b) through (f) as sub-
sections (c) through (g), respectively; and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b) PROGRAM ELEMENTS FOR ORDNANCE REMEDIATION.—^The 
Secretary of Defense shall establish a program element for remedi-
ation of unexploded ordnance, discarded military munitions, and 
munitions constituents within each environmental 
restoration 
account established under subsection (a). The terms 'unexploded 
ordnance', 'discarded military munitions', and 'munitions constitu-
ents' have the meanings given such terms in section 2710 of this 
title.". 
SEC. 313. ASSESSMENT 
OF ENVIRONMENTAL 
REMEDIATION 
OF 10 USC 2706 
UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNI- 
note. 
TIONS, AND MUNITIONS CONSTITUENTS. 
(a) INCLUSION IN 2003 REPORT ON ENVIRONMENTAL RESTORA-
TION ACTIVITIES.—^The Secretary of Defense shall include in the 
report submitted to Congress under section 2706(a) of title 10, 
United States Code, in 2003 a comprehensive assessment of 
unexploded ordnance, discarded military munitions, and munitions 
115 STAT. 1052 
PUBLIC LAW 107-107—DEC. 28, 2001 
constituents located at current and former facilities of the Depart-
ment of Defense. The assessment shall include, at a minimum, 
the following: 
(1) Separate estimates of the aggregate projected costs 
of the remediation of unexploded ordnance, discarded military 
munitions, and munitions constituents at— 
(A) all operational ranges; and 
(B) all other defense sites. 
(2) A comprehensive plan for addressing the remediation 
of unexploded ordinance, discarded military munitions, and 
munitions constituents at defense sites, including an assess-
ment of the funding required and the period of time over 
which such funding will be required. 
(3) An assessment of the technology currently available 
for the remediation of unexploded ordnance, discarded military 
munitions, and munitions constituents. 
(4) An assessment of the impact of improved technology 
on the cost of such remediation and a plan for the development 
and use of such improved technology. 
(b) REQUIREMENTS FOR COST ESTIMATES.—(1) The 
estimates 
of aggregate projected costs required by subsection (a)(1) shall— 
(A) be stated as a range of aggregate projected costs, 
including a low estimate and a high estimate; 
(B) set forth the differing assumptions underlying each 
such low estimate and high estimate, including— 
(i) any public uses for the operational ranges and other 
defense sites concerned that will be available after the 
remediation is completed; 
(ii) the extent of the remediation required to make 
the operational ranges and other defense sites concerned 
available for such uses; and 
(iii) the technologies to be applied to achieve such 
level of remediation; and 
(C) include, and identify separately, an estimate of the 
aggregate projected costs of the remediation of any ground 
water contamination that may be caused by unexploded ord-
nance, discarded military munitions, or munitions constituents 
at the operational ranges and other defense sites concerned. 
(2) The high estimate of the aggregate projected costs shall 
be based on the assumption that all unexploded ordnance, discarded 
military munitions, and munitions constituents at each operational 
range and other defense site will be addressed, regardless of 
whether there are any current plans to close the range or site 
or discontinue training at the range or site. 
(3) The estimate of the aggregate projected costs of remediation 
of ground water contamination under paragraph (1)(C) shall be 
based on a comprehensive assessment of the risk of such contamina-
tion and of the actions required to protect the ground water supplies 
concerned. 
(4) The standards for the report of liabilities of the Department 
of Defense shall not apply to the cost estimates required by sub-
section (a)(1). 
(c) INTERIM ASSESSMENT.—The report submitted to Congress 
under section 2706(a) of title 10, United States Code, in 2002 
shall include the assessment required by subsection (a) to the 
extent that the information required to be provided as part of 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1053 
the assessment is available. The Secretary shall include an expla-
nation of any limitations on the information available or qualifica-
tions on the information provided. 
(d) DEFINITIONS.—In this section, the terms "unexploded ord-
nance", "discarded military munitions", "munitions constituents", 
"operational range", and "defense site" have the meanings given 
such terms in section 2710 of title 10, United States Code, as 
added by section 311. 
SEC. 314. CONFORMITY OF SURETY AUTHORITY UNDER ENVIRON-
MENTAL 
RESTORATION 
PROGRAM 
WITH 
SURETY 
AUTHORITY UNDER CERCLA. 
Section 2701(j)(l) of title 10, United States Code, is amended 
by striking ", or after December 31, 1999". 
SEC. 315. ELIMINATION OF ANNUAL 
REPORT 
ON CONTRACTOR 
REIMBURSEMENT 
FOR 
COSTS 
OF 
ENVIRONMENTAL 
RESPONSE ACTIONS. 
(a) REPORT ELIMINATION.—Section 2706 of title 10, United 
States Code, is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsections (d) and (e) as subsections 
(c) and (d), respectively. 
(b) CONFORMING AMENDMENTS.—Subsection (d) of such section, 
as redesignated by subsection (a) of this section, is amended— 
(1) by striking paragraphs (1) and (3); and 
(2) by redesignating paragraphs (2), (4), and (5) as para-
graphs (1), (2), and (3), respectively. 
SEC. 316. PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION 
REDUCTION INCENTIVES. 
(a) EXTENSION.—Section 351(a)(2) of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 
U.S.C. 2701 note) is amended by striking "September 30, 2001" 
and inserting "September 30, 2003". 
(b) REPORT REQUIRED.—(1) The Secretary of Defense shall pre- 
10 USC 2701 
pare a report concerning the operation of the pilot program for °ote. 
the sale of economic incentives for the reduction of emission of 
air pollutants attributable to military facilities, as authorized by 
section 351 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 10 U.S.C. 2701 note). The report 
shall— 
(A) detail all transactions that have been completed under 
the pilot program, the dollar amount of each transaction, and 
the number and type of air pollutants involved in each trans-
action; 
(B) evaluate the extent to which retention of the proceeds 
of sales under the pilot program, as required by subsection 
(c) of such section, has provided incentives for such sales; 
(C) evaluate the extent of any loss to the United States 
Treasury associated with the pilot program; and 
(D) evaluate the environmental impact of the pilot program. 
(2) Not later than March 1, 2003, the Secretary shall submit Deadline, 
the report required by paragraph (1) to the Committee on Energy 
and Commerce and the Committee on Armed Services of the House 
of Representatives and the Committee on Environment and Public 
Works and the Committee on Armed Services of the Senate. 
115 STAT. 1054 
PUBLIC LAW 107-107—DEC. 28, 2001 
10 u s e 2865 
note. 
Deadlines. 
SEC. 317. DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should work to implement fuel efficiency 
reforms that allow for investment decisions based on the true cost 
of delivered fuel, strengthen the linkage between warflghting capa-
bility and fuel logistics requirements, provide high-level leadership 
encouraging fuel efficiency, target fuel efficiency improvements 
through science and technology investment, and include fuel effi-
ciency in requirements and acquisition processes. 
(b) ENERGY EFFICIENCY PROGRAM.—^The Secretary shall carry 
out a program to significantly improve the energy efficiency of 
facilities of the Department of Defense through 2010. The Secretary 
shall designate a senior official of the Department of Defense to 
be responsible for managing the program for the Department and 
a senior official of each military department to be responsible for 
managing the program for such department. 
(c) ENERGY EFFICIENCY GOALS.—The goal of the energy effi-
ciency program shall be to achieve reductions in energy consumption 
by facilities of the Department of Defense as follows: 
(1) In the case of industrial and laboratory facilities, reduc-
tions in the average energy consumption per square foot of 
such facilities, per unit of production or other applicable unit, 
relative to energy consumption in 1990— 
(A) by 20 percent by 2005; and 
(B) by 25 percent by 2010. 
(2) In the case of other facilities, reductions in average 
energy consumption per gross square foot of such facilities, 
relative to energy consumption per gross square foot in 1985— 
(A) by 30 percent by 2005; and 
(B) by 35 percent by 2010. 
(d) STRATEGIES FOR IMPROVING ENERGY EFFICIENCY.—In order 
to achieve the goals set forth in subsection (c), the Secretary shall, 
to the maximum extent practicable— 
(1) purchase energy-efficient products, as so designated 
by the Environmental Protection Agency and the Department 
of Energy, and other products that are energy-efficient; 
(2) utilize energy savings performance contracts, utility 
energy-efficiency service contracts, and other contracts designed 
to achieve energy conservation; 
(3) use life-cycle cost analysis, including assessment of 
life-cycle energy costs, in making decisions about investments 
in products, services, construction, and other projects; 
(4) conduct energy efficiency audits for approximately 10 
percent of all Department of Defense facilities each year; 
(5) explore opportunities for energy efficiency in industrial 
facilities for steam systems, boiler operation, air compressor 
systems, industrial processes, and fuel switching; and 
(6) retire inefficient equipment on an accelerated basis 
where replacement results in lower life-cycle costs. 
(e) REPORTING REQUIREMENTS.—Not later than January 1, 
2002, and each January 1 thereafter through 2010, the Secretary 
shall submit to the congressional defense committees the report 
required to be prepared by the Secretary pursuant to section 303 
of Executive Order 13123 (64 Fed. Reg. 30851; 42 U.S.C. 8251 
note) regarding the progress made toward achieving the energy 
efficiency goals of the Department of Defense. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1055 
SEC. 318. PROCUREME^r^ OF ALTERNATIVE FUELED AND HYBRID 
10 USC 2302 
LIGHT DUTY TRUCKS. 
°ote. 
(a) DEFENSE FLEETS NOT COVERED BY REQUIREMENT IN ENERGY 
POLICY ACT OF 1992.—(1) The Secretary of Defense shall coordinate 
with the Administrator of General Services to ensure that only 
hybrid vehicles are procured by the Administrator for the Depart-
ment of Defense fleet of light duty trucks that is not in a fleet 
of vehicles to which section 303 of the Energy Policy Act of 1992 
(42 U.S.C. 13212) applies. 
(2) The Secretary, in consultation with the Administrator, may 
waive the policy regarding the procurement of hybrid vehicles in 
paragraph (1) to the extent that the Secretary 
determines 
necessary— 
(A) in the case of trucks that are exempt from the require-
ments of section 303 of the Energy Policy Act of 1992 for 
national security reasons under subsection (b)(3)(E) of such 
section, to meet specific requirements of the Department of 
Defense for capabilities of light duty trucks; 
(B) to procure vehicles consistent with the standards 
applicable to the procurement of fleet vehicles for the Federal 
(jovernment; or 
(C) to adjust to limitations on the commercial availability 
of light duty trucks that are hybrid vehicles. 
(3) This subsection applies with respect to procurements of Applicability, 
light duty trucks in fiscal year 2005 and subsequent fiscal years. 
(b) REQUIREMENT TO EXCEED REQUIREMENT IN ENERGY POLICY 
ACT OF 1992.—(1) The Secretary of Defense shall coordinate with 
the Administrator of General Services to ensure that, of the light 
duty trucks procured in fiscal years after fiscal year 2004 for the 
fleets of light duty vehicles of the Department of Defense to which 
section 303 of the Energy Policy Act of 1992 applies— 
(A) five percent of the total number of such trucks that 
are procured in each of fiscal years 2005 and 2006 are alter-
native fueled vehicles or hybrid vehicles; and 
(B) ten percent of the total number of such trucks that 
are procured in each fiscal year after fiscal year 2006 are 
alternative fueled vehicles or hybrid vehicles. 
(2) Light duty trucks acquired for the Department of Defense 
that are counted to comply with section 303 of the Energy Policy 
Act of 1992 for a fiscal year shall be counted to determine the 
total number of light duty trucks procured for the Department 
of Defense for that fiscal year for the purposes of paragraph (1), 
but shall not be counted to satisfy the requirement in that para-
graph. 
(c) REPORT ON PLANS FOR IMPLEMENTATION.—-At the same time 
that the President submits the budget for fiscal year 2003 to Con-
gress under section 1105(a) of title 31, United States Code, the 
Secretary shall submit to Congress a report summarizing the plans 
for carrying out subsections (a) and (b). 
(d) DEFINITIONS.—In this section: 
(1) The term "hybrid vehicle" means a motor vehicle that 
draws propulsion energy from onboard sources of stored energy 
that are both— 
(A) an internal combustion or heat engine using 
combustible fuel; and 
(B) a rechargeable energy storage system. 
115 STAT. 1056 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
(2) The term "alternative fueled vehicle" has the ineaning 
given that term in section 301 of the Energy Policy Act of 
1992(42U.S.C. 13211). 
SEC. 319. REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION 
AGENCY FOR CERTAIN RESPONSE COSTS IN CONNECTION 
WITH HOOPER SANDS SITE, SOUTH BERWICK, MAINE. 
(a) AUTHORITY TO REIMBURSE.—Using amounts specified in 
subsection (c), the Secretary of the Navy may pay $1,005,478 to 
the Hooper Sands Special Account within the Hazardous Substance 
Superfund established by section 9507 of the Internal Revenue 
Code of 1986 to reimburse the Environmental Protection Agency 
for the response costs incurred by the Environmental Protection 
Agency for actions taken between May 12, 1992, and July 31, 
2000, pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
at the Hooper Sands site in South Berwick, Maine, in accordance 
with the interagency agreement entered into by the Department 
of the Navy and the Environmental Protection Agency in January 
200L 
(b) TREATMENT OF REIMBURSEMENT.—Payment of the amount 
authorized by subsection (a) shall be in full satisfaction of amounts 
due from the Department of the Navy to the Environmental Protec-
tion Agency for the response costs described in that subsection. 
(c) SOURCE OF FUNDS.—Payment under subsection (a) shall 
be made using amounts authorized to be appropriated by section 
301(a)(15) to the Environmental Restoration Account, Navy, estab-
Hshed by section 2703(a)(3) of title 10, United States Code. 
SEC. 320. RIVER MITIGATION STUDIES. 
(a) PORT OF ORANGE, SABINE RIVER.—^The Secretary of Defense 
may conduct a study regarding protruding structures and sub-
merged objects remaining from the World War II Navy ship building 
industry located at the former Navy installation in Orange, Texas, 
which create navigational hazards along the Sabine River and sur-
rounding the Port of Orange. 
(b) PHILADELPHIA NAVAL SHIPYARD, DELAWARE RiVER.^The 
Secretary of Defense may conduct a study regarding floating and 
partially submerged debris possibly relating to the Philadelphia 
Naval Shipyard in that portion of the Delaware River from Philadel-
phia, Pennsylvania, to the mouth of the river which create naviga-
tional hazards along the river. 
(c) USE OF EXISTING INFORMATION.—In conducting a study 
authorized by this section, the Secretary of Defense shall take 
into account any information available from other studies conducted 
in connection with the same navigation channels. 
(d) CONSULTATION.—The Secretary of Defense shall conduct 
the studies authorized by this section in consultation with appro-
priate State and local government entities and Federal agencies. 
(e) REPORT ON STUDY RESULTS.—Not later than April 30, 2002, 
the Secretary of Defense shall submit to the Committee on Armed 
Services of the House of Representatives and the Committee on 
Armed Services of the Senate a report that— 
(1) summarizes the results of each study conducted under 
this section; and 
(2) contains an evaluation by the Secretary of the extent 
to which the navigational hazards identified in each study 
are the result of Department of Defense activities. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1057 
(f) COST SHARING.—^Nothing in this section is intended to 
require non-Federal cost sharing of the costs incurred by the Sec-
retary of Defense to conduct a study authorized by this section. 
(g) RELATION TO OTHER LAWS AND AGREEMENTS.—^This section 
is not intended to modify any authorities provided to the Secretary 
of the Army by the Water Resources Development Act of 1986 
(33 U.S.C. 2201 et seq.), nor is it intended to modify any non-
Federal cost-sharing responsibilities outlined in any local coopera-
tion agreements. 
Subtitle C—Commissaries and 
Nonappropriated Fund Instrumentalities 
SEC. 331. COMMISSARY BENEFITS FOR NEW MEMBERS OF THE READY 
RESERVE. 
(a) ELIGIBILITY.—Section 1063 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) ELIGIBILITY OF NEW MEMBERS.—(1) The Secretary con-
cerned shall authorize a new member of the Ready Reserve to 
use commissary stores of the Department of Defense for a number 
of days accruing at the rate of two days for each month in which 
the member participates satisfactorily in training required under 
section 10147(a)(1) of this title or section 502(a) of title 32, as 
the case may be. 
"(2) For the purposes of paragraph (1), a person shall be consid-
ered a new member of the Ready Reserve upon becoming a member 
and continuing without a break in the membership until the earlier 
of— 
"(A) the date on which the member becomes eligible to 
use commissary stores under subsection (a); or 
"(B) December 31 of the first calendar year in which the 
membership has been continuous for the entire year. 
"(3) A new member may not be authorized under this subsection 
to use commissary stores for more than 24 days for any calendar 
year.". 
(b) REQUIRED DOCUMENTATION.—Subsection (d) of such section, 
as redesignated by subsection (a)(1), is amended by adding at the 
end the following new sentence: "The regulations shall specify the 
required documentation of satisfactory participation in training for 
the purposes of subsection (b).". 
(c) CONFORMING AMENDMENT.—Subsection (c) of such section, 
as redesignated by subsection (a)(1), is amended by striking "Sub-
section (a)" and inserting "Subsections (a) and (b)". 
(d) CLERICAL AMENDMENTS.—(1) The heading for such section 
is amended to read as follows: 
"§ 1063. Use 
of commissary 
stores: members 
of 
Ready 
Reserve**. 
(2) Subsection (a) of such section is amended by striking "OF 
READY RESERVE" and inserting "WITH 50 OR MORE CREDITABLE 
POINTS". 
115 STAT. 1058 
PUBLIC LAW 107-107—DEC. 28, 2001 
(3) The item relating to such section in the table of sections 
at the beginning of chapter 54 of title 10, United States Code, 
is amended to read as follows: 
"1063. Use of commissary stores: members of Ready Reserve.". 
SEC. 332. REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY 
MILITARY DEPARTMENTS FOR PURPOSES OTHER THAN 
COMMISSARY SALES. 
(a) REQUIREMENT.—Chapter 147 of title 10, United States Code, 
is amended by inserting after section 2482a the following new 
section: 
"§2483. Commissary stores: reimbursement for use of com-
missary facilities by military departmients 
"(a) PAYMENT REQUIRED.—The Secretary of a military depart-
ment shall pay the Defense Commissary Agency the amount deter-
mined under subsection (b) for any use of a commissary facility 
by the military department for a purpose other than commissary 
sales or operations in support of commissary sales. 
"(b) AMOUNT.—^The amount payable under subsection (a) for 
use of a commissary facility by a military department shall be 
equal to the share of depreciation of the facility that is attributable 
to that use, as determined under regulations prescribed by the 
Secretary of Defense. 
"(c) COVERED FACILITIES.—This section applies with respect 
to a commissary facility that is acquired, constructed, converted, 
expanded, installed, or otherwise improved (in whole or in part) 
with the proceeds of an adjustment or surcharge applied under 
section 2486(c) of this title. 
"(d) CREDITING OF PAYMENTS.—The Director of the Defense 
Commissary Agency shall credit amounts paid under this section 
for use of a facility to an appropriate account to which proceeds 
of an adjustment or surcharge referred to in subsection (c) are 
credited.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2482a the following new item: 
"2483. Commissary stores: reimbursement for use of commissary facilities by mili-
tary departments.". 
SEC. 333. PUBLIC 
RELEASES 
OF 
COMMERCIALLY 
VALUABLE 
INFORMATION OF COMMISSARY STORES. 
(a) LIMITATIONS AND AUTHORITY.—Section 2487 of title 10, 
United States Code, is amended to read as follows: 
"§ 2487. Commissary stores: release of certain commercially 
valuable information to the public 
"(a) AUTHORITY TO LIMIT RELEASE.—(1) The Secretary of 
Defense may limit the release to the public of any information 
described in paragraph (2) if the Secretary determines that it is 
in the best interest of the Department of Defense to limit the 
release of such information. If the Secretary determines to limit 
the release of any such information, the Secretary may provide 
for limited release of such information in accordance with subsection 
(b). 
"(2) Paragraph (1) applies to the following: 
"(A) Information contained in the computerized business 
systems of commissary stores or the Defense Commissary 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1059 
Agency that is collected through or in connection with the 
use of electronic scanners in commissary stores, including the 
following information: 
"(i) Data relating to sales of goods or services, 
"(ii) Demographic information on customers, 
"(iii) Any other information pertaining to commissary 
transactions and operations. 
"(B) 
Business 
programs, 
systems, 
and 
applications 
(including software) relating to commissary operations that 
were developed with funding derived from commissary sur-
charges. 
"(b) RELEASE AUTHORITY.—(1) The Secretary of Defense may, 
using competitive procedures, enter into a contract to sell informa-
tion described in subsection (a)(2). 
"(2) The Secretary of Defense may release, without charge, 
information on an item sold in commissary stores to the manufac-
turer or producer of that item or an agent of the manufacturer 
or producer. 
"(3) The Secretary of Defense may, by contract entered into 
with a business, grant to the business a license to use business 
programs referred to in subsection (a)(2)(B), including software 
used in or comprising any such program. The fee charged for 
the license shall be based on the costs of similar programs developed 
and marketed by businesses in the private sector, determined by 
means of surveys. 
"(4) Each contract entered into under this subsection shall 
specify the amount to be paid for information released or a license 
granted under the contract, as the case may be. 
"(c) FORM OF RELEASE.—Information described in subsection 
(a)(2) may not be released, under subsection (b) or otherwise, in 
a form that identifies any customer or that provides information 
making it possible to identify any customer. 
"(d) RECEIPTS.—Amounts received by the Secretary under this 
section shall be credited to funds derived from commissary sur-
charges, shall be merged with those funds, and shall be available 
for the same purposes as the funds with which merged. 
"(e) DEFINITION.—In this section, the term 'commissary sur-
charge' means any adjustment or surcharge applied under section 
2486(c) of this title.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 147 of title 10, United States Code, is amended 
by striking the item relating to section 2487 and inserting the 
following new item: 
"2487. Commissary stores: release of certain commercially valuable information to 
the public". 
SEC. 
334. 
REBATE 
AGREEMENTS 
WITH 
PRODUCERS 
OF 
FOODS 
PRO-
VIDED 
UNDER 
SPECIAL 
SUPPLEMENTAL 
FOOD 
PROGRAM. 
Section 1060a of title 10, United States Code, is amended— 
(1) by redesignating subsections (e) and (f) as subsections 
(f) and (g), respectively; and 
(2) by inserting after subsection (d) the following new sub-
section: 
"(e) REBATE AGREEMENTS WITH FOOD PRODUCERS.—(1) In the 
administration of the program under this section, the Secretary 
of Defense may enter into a contract with a producer of a particular 
brand of food that provides for— 
115 STAT. 1060 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(A) the Secretary of Defense to procure that particular 
brand of food, exclusive of other brands of the same or similar 
food, for the purpose of providing the food in commissary stores 
of the Department of Defense as a supplemental food under 
the program; and 
"(B) the producer to rebate to the Secretary amounts equal 
to agreed portions of the amounts paid by the Secretary for 
the procurement of that particular brand of food for the pro-
gram. 
"(2) The Secretary of Defense shall use competitive procedures 
under chapter 137 of this title to enter into contracts under this 
subsection. 
"(3) The period covered by a contract entered into under this 
subsection may not exceed one year. No such contract may be 
extended by a modification of the contract, by exercise of an option, 
or by any other means. Nothing in this paragraph prohibits a 
contractor under a contract entered into under this subsection for 
any year from submitting an offer for, and being awarded, a contract 
that is to be entered into under this subsection for a successive 
year. 
"(4) Amounts rebated under a contract entered into under para-
graph (1) shall be credited to the appropriation available for car-
rying out the program under this section in the fiscal year in 
which rebated, shall be merged with the other sums in that appro-
priation, and shall be available for the program for the same period 
as the other sums in the appropriation.". 
SEC. 335. CIVIL RECOVERY FOR NONAPPROPRIATED FUND INSTRU-
MENTALITY COSTS RELATED TO SHOPLIFTING. 
Section 3701(b)(1)(B) of title 31, United States Code, is amended 
by inserting before the comma at the end the following: ", including 
actual and administrative costs related to shoplifting, theft detec-
tion, and theft prevention". 
Subtitle D—^Workforce and Depot Issues 
Notification. 
SEC. 341. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PER-
FORMANCE OF DEPOT-LEVEL MAINTENANCE. 
Section 2466 of title 10, United States Code, is amended— 
(1) by striking subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
sections: 
"(b) WAIVER OF LIMITATION.—^The Secretary of Defense may 
waive the limitation in subsection (a) for a fiscal year if— 
"(1) the Secretary determines that the waiver is necessary 
for reasons of national security; and 
"(2) the Secretary submits to Congress a notification of 
the waiver together with the reasons for the waiver. 
"(c) PROHIBITION ON DELEGATION OF WAIVER AUTHORITY.—The 
authority to grant a waiver under subsection (b) may not be dele-
gated.". 
SEC. 342. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION 
ON PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL 
MAINTENANCE. 
Section 2474 of title 10, United States Code, is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1061 
(2) by inserting after subsection (e) the following new sub-
section (f): 
"(f) EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE 
LIMITATION.—(1) Amounts expended out of funds described in para-
graph (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 shall not be counted for 
purposes of applying the percentage limitation in section 2466(a) 
of this title if the personnel are provided by private industry or 
other entities outside the Department of Defense pursuant to a 
public-private partnership. 
"(2) The funds referred to in paragraph (1) are funds available 
to the military departments and Defense Agencies for depot-level 
maintenance and repair workloads for fiscal years 2002 through 
2005. 
"(3) All funds covered by paragraph (1) shall be included as 
a separate item in the reports required under paragraphs (1), 
(2), and (3) of section 2466(e) of this title.". 
SEC. 343. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERV-
ICES MANUFACTURED OR PERFORMED BY WORKING-CAP-
ITAL FUNDED INDUSTRIAL FACILITIES OF THE DEPART-
MENT OF DEFENSE. 
(a) GENERAL RULE.—Section 2563(c) of title 10, United States 
Code, is amended— 
(1) in paragraph (1)(B), by striking "in any case of willful 
misconduct or gross negligence" and inserting "as provided 
in paragraph (3)"; and 
(2) by adding at the end the following new paragraph: 
"(3) Paragraph (1)(B) does not apply in any case of willful 
misconduct or gross negligence or in the case of a claim by a 
purchaser of articles or services under this section that damages 
or injury arose from the failure of the Government to comply with 
quality, schedule, or cost performance requirements in the contract 
to provide the articles or services.". 
(b) CONFORMING AMENDMENT.—Section 2474(e)(2)(B)(i) of such 
title is amended by striking "in a case of willful conduct or gross 
negligence" and inserting "under the circumstances described in 
section 2563(c)(3) of this title". 
SEC. 344. REVISION OF DEADLINE FOR ANNUAL REPORT ON COMMER-
CIAL AND INDUSTRIAL ACTIVITIES. 
Section 2461(g) of title 10, United States Code, is amended 
by striking "February 1" and inserting "June 30". 
SEC. 345. PILOT MANPOWER REPORTING SYSTEM IN DEPARTMENT OF 
10USC2461 
THE ARMY. 
note. 
(a) ANNUAL REPORTING REQUIREMENT.—^Not later than March Deadline. 
1 of each of the fiscal years 2002 through 2004, the Secretary 
of the Army shall submit to Congress a report describing the use 
during the previous fiscal year of non-Federal entities to provide 
services to the Department of the Army. 
(b) CONTENT OF REPORT.—Using information available from 
existing data collection and reporting systems available to the 
Department of the Army and the non-Federal entities referred 
to in subsection (a), the report shall— 
115 STAT. 1062 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
Termination 
date. 
Certification. 
Deadline. 
(1) specify the number of work year equivalents performed 
by individuals employed by non-Federal entities in providing 
services to the Department; 
(2) categorize the information by Federal supply class or 
service code; and 
(3) indicate the appropriation from which the services were 
funded and the major organizational element of the Department 
procuring the services. 
(c) LIMITATION ON REQUIREMENT FOR NON-FEDERAL ENTITIES 
To PROVIDE INFORMATION.—For the purposes of meeting the 
requirements set forth in subsection (b), the Secretary of the Army 
may not require the provision of information beyond the information 
that is currently provided to the Department of the Army by the 
non-Federal entities referred to in subsection (a), except for the 
number of work year equivalents associated with Department of 
the Army contracts, identified by contract number, to the extent 
this information is available to the contractor from existing data 
collection systems. 
(d) REPEAL OF OBSOLETE REPORTING REQUIREMENT.—Section 
343 of the National Defense Authorization Act for Fiscal Year 
2000 (Public Law 106-65; 113 Stat. 569) is repealed. 
SEC. 346. DEVELOPMENT OF ARMY WORKLOAD AND PERFORMANCE 
SYSTEM AND WHOLESALE LOGISTICS MODERNIZATION 
PROGRAM. 
(a) RELATIONSHIP BETWEEN SYSTEMS.—(1) The Army Workload 
and Performance System, including all applications in the master 
plan submitted to Congress on June 8, 2001, and any revisions 
to the master plan, shall be developed in such a manner that 
its functionality and identity are in compliance with all statutory 
requirements. The Army Workload and Performance System shall 
continue as a standard Army-wide manpower system under the 
supervision and management of the Secretary of the Army. 
(2) The requirement in paragraph (1) is intended to encourage 
the sharing of data between the Army Workload and Performance 
System and the Wholesale Logistics Modernization Program and 
the development of the processes necessary to permit or enhance 
such data sharing. 
(b) ANNUAL PROGRESS REPORTS.—(1) Not later than February 
1 of each year, the Secretary of the Army shall submit to Congress 
a progress report on the implementation of the master plan for 
the Army Workload and Performance System during the preceding 
year. The report shall specifically address any changes made to 
the master plan since the previous report. 
(2) The reporting requirement shall terminate when the Sec-
retary certifies to Congress that the Army Workload and Perform-
ance System is fully implemented. 
(c) GAG EVALUATION.—Not later than 60 days after the Sec-
retary of the Army submits to Congress a progress report under 
subsection (b), the Comptroller General shall submit to Congress 
an evaluation of the report. 
(d) ARMY WORKLOAD AND PERFORMANCE SYSTEM DEFINED.— 
The term "Army Workload and Performance System" includes all 
applications in the master plan for the System submitted to Con-
gress on June 8, 2001, and any revision of such master plan. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1063 
Subtitle E—Defense Dependents Education 
SEC. 351. 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 2002.—Of the amount authorized to be appropriated 
pursuant to section 301(a)(5) for operation and maintenance for 
Defense-wide activities— 
(1) $30,000,000 shall be available only for the purpose 
of providing educational agencies assistance to local educational 
agencies: and 
(2) $1,000,000 shall be available only for the purpose of 
making payments to local educational agencies to assist such 
agencies in adjusting to reductions in the number of military 
dependent students as a result of the closure or realignment 
of military installations, as provided in section 386(d) of the 
National Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102-484; 20 U.S.C. 7703 note). 
(b) NOTIFICATION.—Not later than June 30, 2002, the Secretary Deadline, 
of Defense shall notify each local educational agency that is eligible 
for assistance or a pa5mient under subsection (a) for fiscal year 
2002 of— 
(1) that agency's eligibility for the assistance or payment; 
and 
(2) the amount of the assistance or payment for which 
that agency is eligible. 
(c) DISBURSEMENT OF FUNDS.—^The Secretary of Defense shall 
disburse funds made available under 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. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 
Of the amount authorized to be appropriated pursuant to sec-
tion 301(a)(5) for operation and maintenance for Defense-wide 
activities, $5,000,000 shall be available for pa5mients under section 
363 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-77; 20 U.S.C. 7703a). 
SEC. 353. AVAILABILITY 
OF AUXILIARY 
SERVICES 
OF 
DEFENSE 
DEPENDENTS' 
EDUCATION 
SYSTEM FOR 
DEPENDENTS 
WHO ARE HOME SCHOOL STUDENTS. 
Section 1407 of the Defense Dependents' Education Act of 1978 
(20 U.S.C. 926) is amended— 
(1) by redesignating subsection (d) as subsection (e); and 37USC429. 
(2) by inserting after subsection (c) the following new sub-
section: 
115 STAT. 1064 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
"(d) AUXILIARY SERVICES AVAILABLE TO HOME SCHOOL STU-
DENTS.—(1) A dependent who is educated in a home school setting, 
but who is eHgible to enroll in a school of the defense dependents' 
education system, shall be permitted to use or receive auxiliary 
services of that school without being required to either enroll in 
that school or register for a minimum number of courses offered 
by that school. The dependent may be required to satisfy other 
eligibility requirements and comply with standards of conduct 
applicable to students actually enrolled in that school who use 
or receive the same auxiliary services. 
"(2) For purposes of paragraph (1), the term 'auxiliary services' 
includes use of academic resources, access to the library of the 
school, after hours use of school facilities, and participation in 
music, sports, and other extracurricular and interscholastic activi-
ties.". 
SEC. 354. COMPTROLLER GENERAL STUDY OF ADEQUACY OF COM-
PENSATION PROVIDED FOR TEACHERS IN THE DEPART-
MENT OF DEFENSE OVERSEAS DEPENDENTS' SCHOOLS. 
(a) GAO STUDY REQUIRED.—The Comptroller General shall 
carry out a study of the adequacy of the pay and other elements 
of the compensation provided for teachers in the defense dependents' 
education system established under the Defense Dependents' Edu-
cation Act of 1978 (20 U.S.C. 921 et seq.). 
(b) SPECIFIC CONSIDERATIONS.—In carrying out the study, the 
Comptroller General shall consider the following issues: 
(1) Whether the compensation is adequate for recruiting 
and retaining high quality teachers. 
(2) Whether any revision of the Defense Department Over-
seas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 
et seq.) or the regulations under that Act is advisable to address 
any problems identified with respect to the recruitment and 
retention of high quality teachers or for other purposes. 
(c) REPORT.—Not later than May 1, 2002, the Comptroller Gen-
eral shall submit to Congress a report containing the results of 
the study, including— 
(1) the Comptroller General's conclusions on the issues 
considered; and 
(2) any recommendations for actions that the Comptroller 
General considers appropriate. 
Subtitle F—Other Matters 
SEC. 361. AVAILABIUTY OF EXCESS DEFENSE PERSONAL PROPERTY 
TO SUPPORT DEPARTMENT OF VETERANS AFFAIRS INITIA-
TIVE TO ASSIST HOMELESS VETERANS. 
(a) TRANSFER AUTHORITY.—Subsection (a) of section 2557 of 
title 10, United States Code, is amended— 
(1) by striking "The Secretary" and inserting "(1) The Sec-
retary"; and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary of Defense may make excess clothing, shoes, 
sleeping bags, and related nonlethal excess supplies available to 
the Secretary of Veterans Affairs for distribution to homeless vet-
erans and programs assisting homeless veterans. The transfer of 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1065 
nonlethal excess supplies to the Secretary of Veterans Affairs under 
this paragraph shall be without reimbursement.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§2557. Excess nonlethal supplies: availability for homeless 
veteran initiatives and humanitarian relief*. 
(2) The table of sections at the beginning of chapter 152 of 
such title is amended by striking the item relating to section 2557 
and inserting the following new item: 
"2557. Excess nonlethal supplies: availability for homeless veteran initiatives and 
humanitarian relief.". 
SEC. 362. INCREMENTAL IMPLEMENTATION OF NAVY-MARINE CORPS 
INTRANET CONTRACT. 
(a) ADDITIONAL PHASE-IN AUTHORITY.—Section 814 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-
215) is amended— 
(1) by redesignating subsections (c), (d), (e), and (f) as 
subsections (f), (g), (h), and (i), respectively; and 
(2) by inserting after subsection (b) the following new sub-
sections: 
"(c) ADDITIONAL PHASE-IN AUTHORITY PENDING SECOND JOINT 
CERTIFICATION.—(IXA) Notwithstanding subsection (b)(3), the Sec-
retary of the Navy may order additional work stations under the 
Navy-Marine Corps Intranet contract in excess of the number pro-
vided in the first increment of the contract under subsection (b)(2), 
but not to exceed an additional 100,000 work stations. The authority 
of the Secretary of the Navy to order additional work stations 
under this paragraph is subject to approval by both the Under 
Secretary of Defense for Acquisition, Technology, and Logistics and 
the Chief Information Officer of the Department of Defense. 
"(B) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics and the Chief Information Officer of the 
Department of Defense may not grant approval to the Secretary 
of the Navy to order additional work stations under subparagraph 
(A) until a three-phase customer test and evaluation, observed 
by the Department of Defense, is completed for a statistically signifi-
cant representative sample of the work stations operating on the 
Navy-Marine Corps Intranet. The test and evaluation shall include 
end user testing of day-to-day operations (including e-mail capability 
and performance), scenario-driven events, and scenario-based inter-
operability testing. 
"(2)(A) Notwithstanding subsection (b)(3), the Secretary of the 
Navy may order additional work stations under the Navy-Marine 
Corps Intranet contract in excess of the number provided in the 
first increment of the contract under subsection (b)(2) and the 
number ordered under the authority of paragraph (1), but not 
to exceed an additional 150,000 work stations. The authority of 
the Secretary of the Navy to order additional work stations under 
this paragraph is also subject to approval by both the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics and 
the Chief Information Officer of the Department of Defense. 
"(B) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics and the Chief Information Officer of the 
Department of Defense may not grant approval to the Secretary 
115 STAT. 1066 
PUBLIC LAW 107-107—DEC. 28, 2001 
of the Navy to order additional work stations under subparagraph 
(A) until each of the following occurs: 
"(i) There has been a full transition of not less than 20,000 
work stations to the Navy-Marine Corps Intranet. 
"(ii) The work stations referred to in clause (i) have met 
applicable service-level agreements specified in the Navy-
Marine Corps Intranet contract, as determined by contractor 
performance measurement under oversight by the Department 
of the Navy. 
"(iii) The Chief Information Officer of the Navy certifies 
to the Secretary of the Navy and the Chief Information Officer 
of the Department of Defense that the results of the perform-
ance evaluation referred to in clause (ii) are acceptable. 
"(3) Of the work stations ordered under the authority provided 
by paragraph (2), not more than 50 percent may reach the major 
milestone known as 'assumption of responsibility' until each of 
the following occurs: 
"(A) All work stations for the headquarters of the Naval 
Air Systems Command have met applicable service-level agree-
ments specified in the Navy-Marine Corps Intranet contract, 
as determined by contractor performance measurement under 
oversight by the Department of the Navy. 
"(B) The Chief Information Officer of the Navy certifies 
to the Secretary of the Navy and the Chief Information Officer 
of the Department of Defense that the results of the perform-
ance evaluation referred to in subparagraph (B) are acceptable. 
"(4) For the purposes of this section, when the information 
infrastructure and systems of a user of a work station are trans-
ferred into Navy-Marine Corps Intranet infrastructure and systems 
under the Navy-Marine Corps Intranet contract consistent with 
the applicable service-level agreements specified in the Navy-
Marine Corps Intranet contract, the work station shall be considered 
as having been provided for the Navy-Marine Corps Intranet. 
"(d) REPORTING AND REVIEW REQUIREMENTS.—(1) If work sta-
tions are ordered using the authority provided by paragraph (1) 
or (2) of subsection (c), the Secretary of the Navy shall submit 
to Congress a report, current as of the date the determination 
is made to order the work stations, on the following: 
"(A) The number of work stations operating on the Navy-
Marine Corps Intranet, including the number of work stations 
regarding which assumption of responsibility has occurred. 
"(B) The status of testing and implementation of the Navy-
Marine Corps Intranet program. 
"(C) The number of work stations to be ordered under 
paragraph (1) or (2) of subsection (c), whichever applies. 
"(2) A report containing the information required by paragraph 
(1) shall also be submitted to Congress when the requirements 
of paragraph (3) of subsection (c) are satisfied and additional work 
stations under the Navy-Marine Corps Intranet contract are author-
ized to reach assumption of responsibility. 
"(3) The Comptroller General shall conduct a review of the 
impact that participation in the Navy-Marine Corps Intranet pro-
gram has on information technology costs of working capital funded 
industrial facilities of the Department of the Navy and submit 
the results of the review to Congress.". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1067 
(b) NAVY-MARINE CORPS INTRANET MANAGER.—Such section 
is further amended by inserting after subsection (d), as added 
by subsection (a)(2) of this section, the following new subsection: 
"(e) ASSIGNMENT OF NAVY-MARINE 
CORPS INTRANET 
MAN-
AGER.—The Secretary of the Navy shall assign an employee of 
the Department of the Navy to the Navy-Marine Corps Intranet 
program whose sole responsibility will be to oversee and direct 
the program. The employee so assigned may not also be the program 
executive officer.". 
(c) DEFINITIONS.—Subsection (i) of such section, as redesignated 
by subsection (a)( 1) of this section, is amended— 
(1) by striking "NAVY-MARINE CORPS INTRANET CONTRACT 
DEFINED.—" and inserting "DEFINITIONS.—(1)"; and 
(2) by adding at the end the following new paragraph: 
"(2) In this section, the term 'assumption of responsibility', 
with respect to a work station, means the point at which 
the contractor team under the Navy-Marine Corps Intranet 
contract assumes operational control of, and responsibility for, 
the existing information infrastructure and systems of a work 
station, in order to prepare for ultimate transition of the work 
station to the Navy-Marine Corps Intranet.". 
SEC. 363. COMPTROLLER 
GENERAL 
STUDY 
AND REPORT 
OF 
NATIONAL GUARD DISTRIBUTIVE TRAINING TECHNOLOGY 
PROJECT. 
(a) STUDY REQUIRED.—The Comptroller General of the United 
States shall conduct a study of the Distributive Training Technology 
Project of the National Guard. The study shall examine— 
(1) current requirements of the National Guard for inter-
connection of networks of the Distributive Training Technology 
Project with other networks, including networks of the Federal 
Emergency Management Agency and other Federal, State, and 
local emergency preparedness and response agencies; and 
(2) future requirements of the National Guard for inter-
connection of networks of the Project with other networks, 
including those Federal and State agencies having disaster 
response functions. 
(b) ELEMENTS OF STUDY.—For both the current requirements 
identified under subsection (a)(1) and future requirements identified 
under subsection (a)(2), the study shall examine the following: 
(1) Appropriate connections between the Project and other 
networks. 
(2) Means of protecting the Project from outside intrusion. 
(3) Impediments to interconnectivity, including the extent 
to which national security concerns affect interconnectivity and 
the technological capability of the Department of Defense to 
impede interconnectivity, as well as other concerns or limita-
tions that affect interconnectivity. 
(4) Means of improving interconnectivity. 
(c) REPORT.—^Not later than 270 days after the date of the Deadline, 
enactment of this Act, 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 study conducted under subsection (a). The report shall describe 
the results of the study and shall include any recommendations 
that the Comptroller General considers appropriate in light of the 
study. 
115 STAT. 1068 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 
364. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY 
PILOT 
PROGRAM. 
(a) EXTENSION OF AUTHORITY.—Subsection (f) of section 391 
of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105-85; 10 U.S.C. 2304 note) is amended by striking 
"September 30, 2000" and inserting "September 30, 2003". 
10 use 2304 
(b) REPORTING REQUIREMENTS.—Subsection (g) of such section 
note. 
is amended— 
(1) in paragraph (1), by striking "January 1, 2001" and 
inserting "January 1, 2003"; and 
(2) in paragraph (2), by striking "March 1, 2001" and 
inserting "March 1, 2003". 
SEC. 365. EVALUATION OF CURRENT DEMONSTRATION PROGRAMS TO 
IMPROVE QUALITY OF PERSONAL PROPERTY SHIPMENTS 
OF MEMBERS. 
Deadline. 
(a) 
COMPLETION 
OF EVALUATION; REPORT.—^Not l a t e r 
t h a n 
March 31, 2002, the Secretary of Defense shall complete the ongoing 
evaluation of all test programs regarding the transportation of 
household goods for members of the Armed Forces and submit 
to Congress a report containing the results of such evaluation. 
(b) CONTENTS OF REPORT.—The report shall include— 
(1) the results of each test program evaluated, including 
whether the test program satisfied the goals for the movement 
of such household goods (as contained in the 
General 
Accounting Report NSIAD 97-49) and whether current business 
processes and information 
technology capabilities 
require 
upgrading or other changes to improve the transportation of 
such household goods; and 
(2) recommendations for policy improvements for military 
household moves worldwide, including an estimate of the cost 
to implement each recommendation. 
SEC. 366. SENSE OF CONGRESS REGARDING SECURITY TO BE PRO-
VIDED AT 2002 WINTER OLYMPIC GAMES. 
It is the sense of Congress that the Secretary of Defense, 
upon receipt of the certification of the Attorney General required 
by section 2564(a) of title 10, United States Code, should authorize 
the provision of assistance in support of essential security and 
safety at the 2002 Winter Olympic Games to be held in Salt Lake 
City, Utah, and other locations in the State of Utah. 
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. Increase in senior enlisted active duty grade limit for Navy, Marine 
Corps, and Air Force. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians. 
Sec. 415. Limitations on nvmibers of reserve personnel serving on active duty or 
full-time National Guard duty in certain grades for administration of re-
serve components. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1069 
Subtitle C—Other Matters Relating to Personnel Strengths 
Sec. 421. Administration of end strengths. 
Sec. 422. Active duty end strength exemption for National Guard and reserve per-
sonnel performing funeral honors functions. 
Subtitle D—^Authorization of Appropriations 
Sec. 431. Authorization of appropriations for military personnel. 
Subtitle A—^Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
10 USC 115 note. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2002, as follows: 
(1) The Army, 480,000. 
(2) The Navy, 376,000. 
(3) The Marine Corps, 172,600. 
(4) The Air Force, 358,800. 
SEC. 402. REVISION 
IN 
PERMANENT END 
STRENGTH MINIMUM 
LEVELS. 
Section 691(b) of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking "372,000" and inserting 
"376,000"; and 
(2) in paragraph (4), by striking "357,000" and inserting 
"358,800". 
SEC. 403. INCREASE IN SENIOR ENLISTED ACTIVE DUTY GRADE LIMIT 
FOR NAVY, MARINE CORPS, AND AIR FORCE. 
Section 517(a) of title 10, United States Code, is amended 
by striking "2 percent (or, in the case of the Army, 2.5 percent)" 
and inserting "2.5 percent". 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
10 USC 12001 
(a) IN GENERAL.—^The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2002, as follows: 
(1) The Army National Guard of the United States, 350,000. 
(2) The Army Reserve, 205,000. 
(3) The Naval Reserve, 87,000. 
(4) The Marine Corps Reserve, 39,558. 
(5) The Air National Guard of the United States, 108,400. 
(6) The Air Force Reserve, 74,700. 
(7) The Coast Guard Reserve, 8,000. 
(b) ADJUSTMENTS.—^The end strengths prescribed by subsection 
(a) for the Selected Reserve of any reserve 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 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
115 STAT. 1070 
PUBLIC LAW 107-107—DEC. 28, 2001 
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. 
10 use 12001 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
note. 
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2002, the following 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, 23,698. 
(2) The Army Reserve, 13,406. 
(3) The Naval Reserve, 14,811. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United States, 11,591. 
(6) The Air Force Reserve, 1,437. 
10 use 115 note. 
SEC. 413. END 
STRENGTHS 
FOR MILITARY 
TECHNICIANS 
(DUAL 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2002 for the 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 Reserve, 6,249. 
(2) For the Army National Guard of the United States, 
23,615. 
(3) For the Air Force Reserve, 9,818. 
(4) For the Air National Guard of the United States, 22,422. 
SEC. 414. FISCAL YEAR 2002 LIMITATION 
ON NON-DUAL 
STATUS 
TECHNICIANS. 
(a) LIMITATION.—^The number of non-dual status technicians 
employed by the reserve components of the Army and the Air 
Force as of September 30, 2002, may not exceed the following: 
(1) For the Army Reserve, 1,095. 
(2) For the Army National Guard of the United States, 
1,600. 
(3) For the Air Force Reserve, 90. 
(4) For the Air National Guard of the United States, 350. 
(b) NoN-DuAL STATUS TECHNICIANS DEFINED.—In this section, 
the term "non-dual status technician" has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
SEC. 415. LIMITATIONS 
ON NUMBERS 
OF RESERVE 
PERSONNEL 
SERVING ON ACTIVE DUTY OR FULL-TIME 
NATIONAL 
GUARD DUTY IN CERTAIN GRADES FOR ADMINISTRATION 
OF RESERVE COMPONENTS. 
(a) OFFICERS.—The text of section 12011 of title 10, United 
States Code, is amended to read as follows: 
"(a) LIMITATIONS.—(1) Of the total number of members of a 
reserve component who are serving on full-time reserve component 
duty at the end of any fiscal year, the number of those members 
who may be serving in each of the grades of major, lieutenant 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1071 
colonel, and colonel may not, as of the end of that fiscal year, 
exceed the number determined in accordance with the following 
table: 
"Total number of members 
of a reserve component 
serving on full-time re-
serve component duty: 
Army Reserve: 
10,000 
11,000 
12,000 
13,000 
14,000 
15,000 
16,000 
17,000 
18,000 
19,000 
20,000 
21,000 
Army National Guard: 
20,000 
22,000 
24,000 
26,000 
28,000 
30,000 
32,000 
34,000 
36,000 
38,000 
40,000 
42,000 
Marine Corps Reserve: 
1,100 
1,200 
1,300 
1,400 
1,500 
1,600 
1,700 
1,800 
1,900 
2,000 
2,100 
2,200 
2,300 
2,400 
2,500 
2,600 
Air Force Reserve: 
500 
1,000 
1,500 
2,000 
Number of officers of that reserve component who may be serving 
in the grade of: 
Major 
1
,
3
9
0 
1
,
5
2
9 
1
,
6
6
8 
1
,
8
0
4 
1
,
9
4
0 
2,075 
2,210 
2,345 
2,479 
2,613 
2,747 
2,877 
1
,
5
0
0 
1
,
6
5
0 
1
,
7
9
0 
1
,
9
3
0 
2,070 
2,200 
2,330 
2,450 
2,570 
2,670 
2,770 
2,837 
106 
110 
114 
118 
121 
124 
127 
130 
133 
136 
139 
141 
143 
145 
147 
149 
83 
155 
220 
285 
Lieutenant Colonel 
740 
803 
864 
924 
984 
1
,
0
4
4 
1
,
1
0
4 
1
,
1
6
4 
1
,
2
2
3 
1
,
2
8
2 
1
,
3
4
1 
1
,
4
0
0 
850 
930 
1
,
0
1
0 
1
,
0
8
5 
1
,
1
6
0 
1
,
2
3
5 
1
,
3
0
5 
1
,
3
7
5 
1
,
4
4
5 
1
,
5
1
5 
1
,
5
8
0 
1
,
6
4
4 
56 
60 
63 
66 
69 
72 
75 
78 
81 
84 
87 
90 
92 
94 
96 
98 
85 
165 
240 
310 
Colonel 
230 
242 
252 
262 
272 
282 
291 
300 
309 
318 
327 
336 
325 
350 
370 
385 
400 
405 
408 
411 
411 
411 
411 
411 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
50 
95 
135 
170 
115 STAT. 1072 
PUBLIC LAW 107-107—DEC. 28, 2001 
"Total number of members 
Number of officers of that reserve component who may be serving 
of a reserve component 
in the grade of: 
serving on full-time re-
serve component duty: 
Major 
Lieutenant Colonel 
Colonel 
2,500 
350 
369 
203 
3,000 
413 
420 
220 
3,500 
473 
464 
230 
4,000 
530 
500 
240 
4,500 
585 
529 
247 
5,000 
638 
550 
254 
5,500 
688 
565 
261 
6
,
0
0
0 
735 
575 
268 
7
,
0
0
0 
770 
595 
280 
8,000 
805 
615 
290 
10,000 
835 
635 
300 
Air 
National 
Guard: 
5,000 
333 
335 
251 
6
,
0
0
0 
403 
394 
260 
7
,
0
0
0 
472 
453 
269 
8,000 
539 
512 
278 
9
,
0
0
0 
606 
571 
287 
10,000 
673 
630 
296 
11,000 
740 
688 
305 
12,000 
807 
742 
314 
13,000 
873 
795 
323 
14,000 
939 
848 
332 
15,000 
1
,
0
0
5 
898 
341 
16,000 
1
,
0
6
7 
948 
350 
17,000 
1
,
1
2
6 
998 
359 
18,000 
1
,
1
8
5 
1
,
0
4
8 
368 
19,000 
1
,
2
3
5 
1
,
0
9
8 
377 
20,000 
1
,
2
8
3 
1
,
1
4
8 
380. 
"(2) Of the total number of members of the Naval Reserve 
who are serving on full-time reserve component duty at the end 
of any fiscal year, the number of those members who may be 
serving in each of the grades of lieutenant commander, commander, 
and captain may not, as of the end of that fiscal year, exceed 
the number determined in accordance with the following table: 
"Total number of members 
Number of officers who may be serving in the grade of: 
of Naval Reserve serving 
on full-time reserve com-
ponent duty: 
10,000 
11,000 
12,000 
13,000 
14,000 
15,000 
16,000 
17,000 
18,000 
19,000 
20,000 
21.000 
Lieutenant com-
mander 
807 
867 
924 
980 
1,035 
1,088 
1,142 
1,195 
1,246 
1,291 
1,334 
1,364 
Commander 
447 
467 
485 
503 
521 
538 
555 
565 
575 
585 
595 
603 
Captain 
141 
153 
163 
173 
183 
193 
203 
213 
223 
233 
242 
250 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1073 
'Total nvimber of members 
Number of officers who may be serving in the grade of: 
of Naval Reserve serving 
on full-time reserve com- 
Lieutenant com- 
r^^ 
j„_ 
r>».,+„;„ 
ponentduty: 
mander 
Commander 
Captain 
22,000 
1,384 
6K> 
258 
23,000 
1,400 
615 
265 
24,000 
1,410 
620 
270. 
"(b) DETERMINATIONS BY INTERPOLATION.—If the total number 
of members of a reserve component serving on full-time reserve 
component duty is between any two consecutive numbers in the 
first column of the appropriate table in paragraph (1) or (2) of 
subsection (a), the corresponding authorized strengths for each of 
the grades shown in that table for that component are determined 
by mathematical interpolation between the respective numbers of 
the two strengths. If the total number of members of a reserve 
component serving on full-time reserve component duty is more 
or less than the highest or lowest number, respectively, set forth 
in the first column of the appropriate table in paragraph (1) or 
(2) of subsection (a), the Secretary concerned shall fix the cor-
responding strengths for the grades shown in that table at the 
same proportion as is reflected in the nearest limit shown in the 
table. 
"(c) REALLOCATIONS TO LOWER GRADES.—^Whenever the number 
of officers serving in any grade for duty described in subsection 
(a) is less than the number authorized for that grade under this 
section, the difference between the two numbers may be applied 
to increase the number authorized under this section for any lower 
grade. 
"(d) SECRETARIAL WAIVER.—(1) Upon determining that it is 
in the national interest to do so, the Secretary of Defense may 
increase for a particular fiscal year the number of reserve officers 
that may be on full-time reserve component duty for a reserve 
component in a grade referred to in a table in subsection (a) by 
a number that does not exceed the number equal to 5 percent 
of the maximum number specified for the grade in that table. 
"(2) Whenever the Secretary exercises the authority provided Notice, 
in paragraph (1), the Secretary shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives notice in writing of the 
adjustment made. 
"(e) FULL-TIME RESERVE COMPONENT DUTY DEFINED.—In this 
section, the term 'full-time reserve component duty' means the 
following duty: 
"(1) Active duty described in sections 10211, 10302, 10303, 
10304, 10305, 12310, or 12402 of this title. 
"(2) Full-time National Guard duty (other than for training) 
under section 502(f) of title 32. 
"(3) Active duty described in section 708 of title 32.". 
(b) SENIOR ENLISTED MEMBERS.—The text of section 12012 
of title 10, United States Code, is amended to read as follows: 
"(a) LIMITATIONS.—Of the total number of members of a reserve 
component who are serving on full-time reserve component duty 
at the end of any fiscal year, the number of those members in 
each of pay grades of E-8 and E-9 who may be serving on active 
duty under section 10211 or 12310, or on full-time National Guard 
duty under the authority of section 502(f) of title 32 (other than 
115 STAT. 1074 
PUBLIC LAW 107-107—DEC. 28, 2001 
for 
training) 
in 
connection 
with 
organizing, 
administering, 
recruiting, instructing, or training the reserve components or the 
National Guard may not, as of the end of that fiscal year, exceed 
the number determined in accordance with the following table: 
"Total number of members of a reserve compo- 
Number of members of that reserve compo-
nent serving on full-time reserve componeiU 
nent who may be servmg m the grade of: 
duty: 
Army Reserve: 
10,000 
11,000 
12,000 
13,000 
14,000 
15,000 
16,000 
17,000 
18,000 
19,000 
20,000 
21,000 
Army National Guard: 
20,000 
22,000 
24,000 
26,000 
28,000 
30,000 
32,000 
34,000 
36,000 
38,000 
40,000 
42,000 
Naval Reserve: 
10,000 
11,000 
12,000 
13,000 
14,000 
15,000 
16,000 
17,000 
18,000 
19,000 
20,000 
21,000 
22,000 
23,000 
24,000 
Marine Corps Reserve: 
1,100 
1,200 
1,300 
E-8 
1,052 
1
,
1
2
6 
1
,
1
9
5 
1
,
2
6
1 
1
,
3
2
7 
1,391 
1
,
4
5
5 
1
,
5
1
9 
1
,
5
8
3 
1
,
6
4
7 
1
,
7
1
1 
1
,
7
7
5 
1
,
6
5
0 
1
,
7
7
5 
1,900 
1
,
9
4
5 
1
,
9
4
5 
1
,
9
4
5 
1
,
9
4
5 
1
,
9
4
5 
1
,
9
4
5 
1
,
9
4
5 
1
,
9
4
5 
1
,
9
4
5 
340 
364 
386 
407 
423 
435 
447 
459 
471 
483 
495 
507 
519 
531 
540 
50 
55 
60 
E-9 
154 
168 
180 
191 
202 
213 
224 
235 
246 
257 
268 
278 
550 
615 
645 
675 
705 
725 
730 
735 
738 
741 
743 
743 
143 
156 
169 
182 
195 
208 
221 
234 
247 
260 
273 
286 
299 
312 
325 
11 
12 
13 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1075 
„T, . , 
, 
e 
_ , 
c 
_ 
™„„ 
Number of members of that reserve compo-
Total number of members of a reserve compo- 
^ 
^ 
. 
• ^ 
^ 
^^ 
nent serving on full-time reserve component 
f 
f 
f 
duty: 
1,400 
1,500 
1,600 
1,700 
1,800 
1,900 
2,000 
2,100 
2,200 
2,300 
2,400 
2,500 
2,600 
Air Force Reserve: 
500 
1,000 
1,500 
2,000 
2,500 
3,000 
3,500 
4,000 
4,500 
5,000 
5,500 
6,000 
7,000 
8,000 
10,000 
Air National Guard 
5,000 
6,000 
7,000 
8,000 
9,000 
10,000 
11,000 
12,000 
13,000 
14,000 
15,000 
16,000 
17,000 
18,000 
19,000 
20,000 
"(b) DETERMINATIONS BY INTERPOLATION.—If the total number 
of members of a reserve component serving on full-time reserve 
component duty is between any two consecutive numbers in the 
E-8 
65 
70 
U 
80 
65 
m 
9^ 
96 
99 
101 
103 
1
0
5 
107 
75 
1
4
5 
208 
270 
325 
375 
420 
460 
495 
530 
565 
600 
670 
740 
800 
1
,
0
2
0 
1
,
0
7
0 
1
,
1
2
0 
1
,
1
7
0 
1,220 
1,270 
1
,
3
2
0 
1,370 
1
,
4
2
0 
1
,
4
7
0 
1,520 
1
,
5
7
0 
1,620 
1
,
6
7
0 
1,720 
1
,
7
7
0 
E-9 
14 
1
5 
1
6 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
40 
75 
105 
130 
150 
170 
190 
210 
230 
250 
270 
290 
330 
370 
400 
405 
435 
465 
490 
510 
530 
550 
570 
589 
608 
626 
644 
661 
678 
695 
712. 
115 STAT. 1076 
PUBLIC LAW 107-107—DEC. 28, 2001 
Notice. 
first column of the table in subsection (a), the corresponding author-
ized strengths for each of the grades shown in that table for that 
component are determined by mathematical interpolation between 
the respective numbers of the two strengths. If the total number 
of members of a reserve component serving on full-time reserve 
component duty is more or less than the highest or lowest number, 
respectively, set forth in the first column of the table in subsection 
(a), the Secretary concerned shall fix the corresponding strengths 
for the grades shown in the table at the same proportion as is 
reflected in the nearest limit shown in the table. 
"(c) REALLOCATIONS TO LOWER GRADE.—^Whenever the number 
of members serving in pay grade E-9 for duty described in sub-
section (a) is less than the number authorized for that grade under 
this section, the difference between the two numbers may be applied 
to increase the number authorized under this section for pay grade 
E-8. 
"(d) SECRETARIAL WAIVER.—(1) Upon determining that it is 
in the national interest to do so, the Secretary of Defense may 
increase for a particular fiscal year the number of reserve enlisted 
members that may be on active duty or full-time National Guard 
duty as described in subsection (a) for a reserve component in 
a pay grade referred to in a table in subsection (a) by a number 
that does not exceed the number equal to 5 percent of the maximum 
number specified for that grade and reserve component in the 
table. 
"(2) Whenever the Secretary exercises the authority provided 
in paragraph (1), the Secretary shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives notice in writing of the 
adjustment made. 
"(e) FULL-TIME RESERVE COMPONENT DUTY DEFINED.—In this 
section, the term 'full-time reserve component duty* has the meaning 
given the term in section 12011(e) of this title.". 
Subtitle C—Other Matters Relating to 
Personnel Strengths 
SEC. 421. ADMINISTRATION OF END STRENGTHS. 
(a) INCREASE IN PERCENTAGE BY WHICH ACTIVE COMPONENT 
END STRENGTHS MAY BE INCREASED.—Section 115(c)(1) of title 10, 
United States Code, is amended by striking "1 percent" and 
inserting "2 percent". 
(b) 
WAIVER OF END STRENGTHS DURING NATIONAL EMER-
GENCY.—The text of section 123a of such title is amended to read 
as follows: 
"(a) DURING WAR OR NATIONAL EMERGENCY.—If at the 
end 
of any fiscal year there is in effect a war or national emergency, 
the President may waive any statutory end strength with respect 
to that fiscal year. Any such waiver may be issued only for a 
statutory end strength that is prescribed by law before the waiver 
is issued. 
"(b) UPON TERMINATION OF WAR OR NATIONAL EMERGENCY.— 
Upon the termination of a war or national emergency with respect 
to which the President has exercised the authority provided by 
subsection (a), the President may defer the effectiveness of any 
statutory end strength with respect to the fiscal year during which 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1077 
the termination occurs. Any such deferral may not extend beyond 
the last day of the sixth month beginning after the date of such 
termination. 
"(c) STATUTORY END STRENGTH.—In this section, the term 
'statutory end strength' means any end-strength limitation with 
respect to a fiscal year that is prescribed by law for any military 
or civilian component of the armed forces or of the Department 
of Defense.". 
SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR NATIONAL 
GUARD 
AND 
RESERVE 
PERSONNEL 
PERFORMING 
FUNERAL HONORS FUNCTIONS. 
Section 115(d) of title 10, United States Code, is amended 
by adding at the end the following new paragraphs: 
"(10) Members of reserve components on active duty to 
prepare for and to perform funeral honors functions for funerals 
of veterans in accordance with section 1491 of this title. 
"(11) Members on full-time National Guard duty to prepare 
for and perform funeral honors functions for funerals of vet-
erans in accordance with section 1491 of this title.". 
Subtitle D—^Authorization of 
Appropriations 
SEC. 431. 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 2002 a total 
of $82,307,281,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2002. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Enhanced flexibility for management of senior general and flag officer po-
sitions. 
Sec. 502. Certifications of satisfactory performance for retirement of officers in 
grades above major general and rear admiral. 
Sec. 503. Review of actions of selection boards. 
Sec. 504. Temporary reduction of time-in-grade requirement for eligibility for pro-
motion for certain active-duty list officers in grades of first lieutenant 
and lieutenant (junior grade). 
Sec. 505. Authority for promotion without selection board consideration for all fully 
qualified officers in grade of first lieutenant or lieutenant (junior grade) 
in the Navy. 
Sec. 506. Authority to adjust date of rank of certain promotions delayed by reason 
of unusual circumstances. 
Sec. 507. Authority for limited extension of medical deferment of mandatory retire-
ment or separation. 
Sec. 508. Authority for limited extension on active duty of members subject to man-
datory retirement or separation. 
Sec. 509. Exemption from certain administrative limitations for retired officers or-
dered to active duty as defense or service attaches. 
Sec. 510. Officer in charge of United States Navy Band. 
Subtitle B—Reserve Component Personnel Policy 
Sec. 511. Placement on active-duty list of certain Reserve officers on active duty for 
a period of three years or less. 
115 STAT. 1078 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 512. Exception to baccalaureate degree requirement for appointment of Re-
serve officers to grades above first lieutenant. 
Sec. 513. Improved disability benefits for certain reserve component members. 
Sec. 514. Time-in-grade requirement for reserve component officers retired with a 
nonservice-connected disability. 
Sec. 515. Equal treatment of Reserves and full-time active duty members for pur-
poses of managing personnel deployments. 
Sec. 516. Modification of physical examination requirements for members of the In-
dividual Ready Reserve. 
Sec. 517. Retirement of Reserve members without requirement for formal applica-
tion or request. 
Sec. 518. Space-required travel by Reserves on military aircraft. 
Sec. 519. Payment of Federal Employee Health Benefit Program premiums for cer-
tain Reservists called to active duty in support of contingency oper-
ations. 
Subtitle C—Joint Specialty Officers and Joint Professional Military 
Education 
Sec. 521. Nominations and promotions for joint specialty officers. 
Sec. 522. Joint duty credit. 
Sec. 523. Retroactive joint service credit for duty in certain joint task forces. 
Sec. 524. Revision to annual report on joint officer management. 
Sec. 525. Requirement for selection for joint specialty before promotion to general 
or flag officer grade. 
Sec. 526. Independent study of joint officer management and joint professional mili-
tary education reforms. 
Sec. 527. Professional development education. 
Sec. 528. Authority for National Defense University to enroll certain private sector 
civilians. 
Sec. 529. Continuation of reserve component professional military education test. 
Subtitle D—Military Education and Training 
Sec. 531. Defense Language Institute Foreign Language Center. 
Sec. 532. Authority for the Marine Corps IJniversity to award degree of master of 
strategic studies. 
Sec. 533. Foreign students attending the service academies. 
Sec. 534. Increase in maximum age for appointment as a cadet or midshipman in 
Senior Reserve Officers' Training Corps scholarship programs. 
Sec. 535. Participation of regular enlisted members of the Armed Forces in Senior 
Reserve Officers' Training Corps program. 
Sec. 536. Authority to modify the service obligation of certain ROTC cadets in mili-
tary junior colleges receiving financial assistance. 
Sec. 537. Repeal of limitation on nvunber of Junior Reserve Officers' Training Corps 
units. 
Sec. 538. Modification of nurse officer candidate accession program restriction on 
students attending educational institutions with senior reserve officers' 
training programs. 
Sec. 539. Reserve health professionals stipend program expansion. 
Sec. 540. Housing allowance for the chaplain for the Corps of Cadets at the United 
States Military Academy. 
Subtitle E—Recruiting and Accession Programs 
Sec. 541. 18-month enlistment pilot program. 
Sec. 542. Improved benefits under the Army College First program. 
Sec. 543. Correction and extension of certain Army recruiting pilot program au-
thorities. 
Sec. 544. Military recruiter access to secondary school students. 
Sec. 545. Permanent authority for use of military recruiting funds for certain ex-
penses at Department of Defense recruiting functions. 
Sec. 546. Report on health and disability benefits for pre-accession training and 
education programs. 
Subtitle F—Decorations, Awards, and Posthumous Commissions 
Sec. 551. Authority for award of the Medal of Honor to Humbert R. Versace, Jon 
E. Swanson, and Ben L. Salomon for valor. 
Sec. 552. Review regarding award of Medal of Honor to certain Jewish American 
and Hispanic Ajnerican war veterans. 
Sec. 553. Authority to issue duplicate Medals of Honor and to replace stolen mili-
tary decorations. 
Sec. 554. Retroactive Medal of Honor special pension. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1079 
Sec. 555. Waiver of time limitations for award of certain decorations to certain per-
sons. 
Sec. 556. Sense of Congress on issuance of certain medals. 
Sec. 557. Sense of Congress on development of a more comprehensive, uniform pol-
icy for the award of decorations to military and civilian personnel of the 
Department of Defense. 
Sec. 558. Posthumous Army commission in the grade of captain in the Chaplains 
Corps to Ella E. Gibson for service as chaplain of the First Wisconsin 
Heavy Artillery Regiment during the Civil War. 
Subtitle G—Funeral Honors Duty 
Sec. 561. Participation of military retirees in funeral honors details. 
Sec. 562. Funeral honors duty performed by Reserve and Guard members to be 
treated as inactive-duty training for certain purposes. 
Sec. 563. Use of military leave for funeral honors duty by Reserve members and 
National Guardsmen. 
Sec. 564. Authority to provide appropriate articles of clothing as a civilian uniform 
for civilians participating in funeral honor details. 
Subtitle H—Military Spouses and Family Members 
Sec. 571. Improved financial and other assistance to military spouses for job train-
ing and education. 
Sec. 572. Persons authorized to be included in surveys of military families regard-
ing Federal programs. 
Sec. 573. Clarification of treatment of classified information concerning persons in 
a missing status. 
Sec. 574. Transportation to annual meeting of next-of-kin of persons unaccounted 
for from conflicts after World War II. 
Sec. 575. Amendments to charter of Defense Task Force on Domestic Violence. 
Subtitle I—Military Justice and Legal Assistance Matters 
Sec. 581. Blood alcohol content limit for the offense under the Uniform Code of 
Military Justice of drunken operation of a vehicle, aircraft, or vessel. 
Sec. 582. Requirement that courts-martial consist of not less than 12 members in 
capital cases. 
Sec. 583. Acceptance of voluntary legal assistance for the civil affairs of members 
and former members of the uniformed services and their dependents. 
Subtitle J—Other Matters 
Sec. 591. Congressional review period for change in ground combat exclusion policy. 
Sec. 592. Per diem allowance for lengthy or numerous deplojonents. 
Sec. 593. Clarification of disability severance pay computation. 
Sec. 594. Transportation or storage of privately owned vehicles on change of perma-
nent station. 
Sec. 595. Repeal of requirement for final Comptroller General report relating to 
Army end strength allocations. 
Sec. 596. Continued Department of Defense administration of National Guard 
Challenge program and Department of Defense Starbase program. 
Sec. 597. Report on Defense Science Board recommendation on original appoint-
ments in regular grades for Academy graduates and certain other new 
officers. 
Sec. 598. Sense of Congress regarding the selection of officers for recommendation 
for appointment as Commander, United States Transportation Com-
mand. 
Subtitle A—Officer Personnel Policy 
SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF SENIOR 
GENERAL AND FLAG OFFICER POSITIONS. 
(a) 
REPEAL OF LIMIT ON NUMBER OF OFFICERS ON ACTIVE 
DUTY IN GRADES OF GENERAL AND ADMIRAL.—Section 528 of title 
10, United States Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 32 of such title is amended by striking the item 
relating to section 528. 
115 STAT. 1080 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 502. CERTIFICATIONS OF SATISFACTORY PERFORMANCE FOR 
RETIREMENT OF OFFICERS IN GRADES ABOVE MAJOR 
GENERAL AND REAR ADMIRAL. 
Section 1370(c) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(3)(A) The Secretary of Defense may delegate authority to 
make a certification with respect to an officer under paragraph 
(1) only to the Under Secretary of Defense for Personnel and Readi-
ness or the Deputy Under Secretary of Defense for Personnel and 
Readiness. 
"(B) If authority is delegated under subparagraph (A) and, 
in the course of consideration of an officer for a certification under 
paragraph (1), the Under Secretary or (if such authority is delegated 
to both the Under and Deputy Under Secretary) the Deputy Under 
Secretary makes a determination described in subparagraph (C) 
with respect to that officer, the Under Secretary or Deputy Under 
Secretary, as the case may be, may not exercise the delegated 
authority in that case, but shall refer the matter to the Secretary 
of Defense, who shall personally determine whether to issue a 
certification under paragraph (1) with respect to that officer. 
"(C) A determination referred to in subparagraph (B) is a 
determination that there is potentially adverse information con-
cerning an officer and that such information has not previously 
been submitted to the Senate in connection with the consideration 
by the Senate of a nomination of that officer for an appointment 
for which the advice and consent of the Senate is required.". 
SEC. 503. REVIEW OF ACTIONS OF SELECTION BOARDS. 
(a) IN GENERAL.—<1) Chapter 79 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 1558. Review of actions of selection boards: correction of 
military records by special boards; judicial review 
"(a) CORRECTION OF MILITARY RECORDS.—^The Secretary of a 
military department may correct a person's military records in 
accordance with a recommendation made by a special board. Any 
such correction may be made effective as of the effective date 
of the action taken on a report of a previous selection board that 
resulted in the action corrected in the person's military records. 
"(b) DEFINITIONS.—In this section: 
"(1) SPECIAL BOARD.—(A) The term 'special board' means 
a board that the Secretary of a military department convenes 
under any authority to consider whether to recommend a person 
for appointment, enlistment, reenlistment, assignment, pro-
motion, retention, separation, retirement, or transfer to inactive 
status in a reserve component instead of referring the records 
of that person for consideration by a previously convened selec-
tion board which considered or should have considered that 
person. 
"(B) Such term includes a board for the correction of mili-
tary records convened under section 1552 of this title, if des-
ignated as a special board by the Secretary concerned. 
"(C) Such term does not include a promotion special selec-
tion board convened under section 628 or 14502 of this title. 
"(2) SELECTION BOARD.—(A) The term 'selection board' 
means a selection board convened under section 573(c), 580, 
580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14704, or 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1081 
14705 of this title, and any other board convened by the Sec-
retary of a mihtary department under any authority to rec-
ommend persons for appointment, enUstment, reenHstment, 
assignment, promotion, or retention in the armed forces or 
for separation, retirement, or transfer to inactive status in 
a reserve component for the purpose of reducing the number 
of persons serving in the armed forces. 
"(B) Such term does not include any of the following: 
"(i) A promotion board convened under section 573(a), 
611(a), or 14101(a) of this title, 
"(ii) A special board. 
"(iii) A special selection board convened under section 
628 of this title. 
"(iv) A board for the correction of military records 
convened under section 1552 of this title. 
"(3) INVOLUNTARILY BOARD-SEPARATED.—^The term 'involun-
tarily board-separated' means separated or retired from an 
armed force, or transferred to the Retired Reserve or to inactive 
status in a reserve component, as a result of a recommendation 
of a selection board. 
"(c) 
RELIEF 
ASSOCIATED 
WITH 
CORRECTION 
OF 
CERTAIN 
ACTIONS.—(1) The Secretary of the military department concerned 
shall ensure that an involuntarily board-separated person receives 
relief under paragraph (2) or under paragraph (3) if the person, 
as a result of a correction of the person's military records under 
subsection (a), becomes entitled to retention on or restoration to 
active duty or to active status in a reserve component. 
"(2)(A) A person referred to in paragraph (1) shall, with that 
person's consent, be restored to the same status, rights, and entitle-
ments (less appropriate offsets against back pay and allowances) 
in that person's armed force as the person would have had if 
the person had not been selected to be involuntarily board-separated 
as a result of an action the record of which is corrected under 
subsection (a). An action under this subparagraph is subject to 
subparagraph (B). 
"(B) Nothing in subparagraph (A) may be construed to permit 
a person to be on active duty or in an active status in a reserve 
component after the date on which the person would have been 
separated, retired, or transferred to the Retired Reserve or to inac-
tive status in a reserve component if the person had not been 
selected to be involuntarily board-separated in an action of a selec-
tion board the record of which is corrected under subsection (a). 
"(3) If an involuntarily board-separated person referred to in 
paragraph (1) does not consent to a restoration of status, rights, 
and entitlements under paragraph (2), the Secretary concerned 
shall pay that person back pay and allowances (less appropriate 
offsets), and shall provide that person service credit, for the period— 
"(A) beginning on the date of the person's separation, retire-
ment, or transfer to the Retired Reserve or to inactive status 
in a reserve component, as the case may be; and 
"(B) ending on the earlier of— 
"(i) the date on which the person would have been 
so restored under paragraph (2), as determined by the 
Secretary concerned; or 
"(ii) the date on which the person would otherwise 
have been separated, retired, or transferred to the Retired 
89-194 O - 03 - 4 QL 3 Part 2 
115 STAT. 1082 
PUBLIC LAW 107-107—DEC. 28, 2001 
Reserve or to inactive status in a reserve component, as 
the case may be. 
"(d) FINALITY OF UNFAVORABLE ACTION.—If a special board 
makes a recommendation not to correct the military records of 
a person regarding action taken in the case of that person on 
the basis of a previous report of a selection board, the action 
previously taken on that report shall be considered as final as 
of the date of the action taken on that report. 
"(e) REGULATIONS.—(1) The Secretary of each military depart-
ment shall prescribe regulations to carry out this section. Regula-
tions under this subsection may not apply to subsection (f), other 
than to paragraph (4)(C) of that subsection. 
"(2) The Secretary may prescribe in the regulations under para-
graph (1) the circumstances under which consideration by a special 
board may be provided for under this section, including the fol-
lowing: 
"(A) The circumstances under which consideration of a 
person's case by a special board is contingent upon application 
by or for that person. 
"(B) Any time limits applicable to the filing of an applica-
tion for such consideration. 
"(3) Regulations prescribed by the Secretary of a military 
department under this subsection may not take effect until approved 
by the Secretary of Defense. 
"(f) JUDICIAL REVIEW.—(1) A person seeking to challenge an 
action or recommendation of a selection board, or an action taken 
by the Secretary of the military department concerned on the report 
of a selection board, is not entitled to relief in any judicial pro-
ceeding unless the action or recommendation has first been consid-
ered by a special board under this section or the Secretary concerned 
has denied the convening of such a board for such consideration. 
"(2)(A) A court of the United States may review a determination 
by the Secretary of a military department not to convene a special 
board in the case of any person. In any such case, the court 
may set aside the Secretary's determination only if the court finds 
the determination to be— 
"(i) arbitrary or capricious; 
"(ii) not based on substantial evidence; 
"(iii) a result of material error of fact or material adminis-
trative error; or 
"(iv) otherwise contrary to law. 
"(B) If a court sets aside a determination by the Secretary 
of a military department not to convene a special board, it shall 
remand the case to the Secretary concerned, who shall provide 
for consideration by a special board. 
"(3) A court of the United States may review a recommendation 
of a special board or an action of the Secretary of the military 
department concerned on the report of a special board. In any 
such case, a court may set aside the action only if the court finds 
that the recommendation or action was— 
"(A) arbitrary or capricious; 
"(B) not based on substantial evidence; 
"(C) a result of material error of fact or material adminis-
trative error; or 
"(D) otherwise contrary to law. 
"(4)(A) If, six months after receiving a complete application 
for consideration by a special board in any case, the Secretary 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1083 
concerned has not convened a special board and has not denied 
consideration by a special board in that case, the Secretary shall 
be deemed for the purposes of this subsection to have denied consid-
eration of the case by a special board. 
"(B) If, six months after the convening of a special board in 
any case, the Secretary concerned has not taken final action on 
the report of the special board, the Secretary shall be deemed 
for the purposes of this subsection to have denied relief in such 
case. 
"(C) Under regulations prescribed under subsection (e), the 
Secretary of a military department may waive the applicability 
of subparagraph (A) or (B) in a case if the Secretary determines 
that a longer period for consideration of the case is warranted. 
Such a waiver may be for an additional period of not more than 
six months. The Secretary concerned may not delegate authority 
to make a determination under this subparagraph. 
"(g) EXISTING JURISDICTION.—^Nothing in this section limits— 
"(1) the jurisdiction of any court of the United States under 
any provision of law to determine the validity of any law, 
regulation, or policy relating to selection boards; or 
"(2) the authority of the Secretary of a military department 
to correct a military record under section 1552 of this title.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1558. Review of actions of selection boards: correction of military records by special 
boards; judicial review.". 
(b) SPECIAL SELECTION BOARDS.—Section 628 of such title is 
amended— 
(1) by redesignating subsection (g) as subsection (k); and 
(2) by inserting after subsection (f) the following new sub-
sections: 
"(g) JUDICIAL REVIEW.—(1)(A) A court of the United States 
may review a determination by the Secretary of a military depart-
ment under subsection (a)(1) or (b)(1) not to convene a special 
selection board in the case of any person. In any such case, the 
court may set aside the Secretary's determination only if the court 
finds the determination to be— 
"(i) arbitrary or capricious; 
"(ii) not based on substantial evidence; 
"(iii) a result of material error of fact or material adminis-
trative error; or 
"(iv) otherwise contrary to law. 
"(B) If a court sets aside a determination by the Secretary 
of a military department not to convene a special selection board 
under this section, it shall remand the case to the Secretary con-
cerned, who shall provide for consideration by such a board. 
"(2) A court of the United States may review the action of 
a special selection board convened under this section or an action 
of the Secretary of the military department concerned on the report 
of such a board. In any such case, a court may set aside the 
action only if the court finds that the action was— 
"(A) arbitrary or capricious; 
"(B) not based on substantial evidence; 
"(C) a result of material error of fact or material adminis-
trative error; or 
"(D) otherwise contrary to law. 
115 STAT. 1084 
PUBLIC LAW 107-107—DEC. 28, 2001 
Applicability. 
10 u s e 628 note. 
"(3)(A) If, six months after receiving a complete application 
for consideration by a special selection board under this section 
in any case, the Secretary concerned has not convened such a 
board and has not denied consideration by such a board in that 
case, the Secretary shall be deemed for the purposes of this sub-
section to have denied the consideration of the case by such a 
board. 
"(B) If, six months after the convening of a special selection 
board under this section in any case, the Secretary concerned has 
not taken final action on the report of the board, the Secretary 
shall be deemed for the purposes of this subsection to have denied 
relief in such case. 
"(C) Under regulations prescribed under subsection (j), the Sec-
retary of a military department may waive the applicability of 
subparagraph (A) or (B) in a case if the Secretary determines 
that a longer period for consideration of the case is warranted. 
Such a waiver may be for an additional period of not more than 
six months. The Secretary concerned may not delegate authority 
to make a determination under this subparagraph. 
"(h) LIMITATIONS OF OTHER JURISDICTION.—No official or court 
of the United States may, with respect to a claim based to any 
extent on the failure of a person to be selected for promotion 
by a promotion board— 
"(1) consider the claim unless the person has first been 
referred by the Secretary concerned to a special selection board 
convened under this section and acted upon by that board 
and the report of the board has been approved by the President; 
or 
"(2) except as provided in subsection (g), grant any relief 
on the claim unless the person has been selected for promotion 
by a special selection board convened under this section to 
consider the person for recommendation for promotion and the 
report of the board has been approved by the President, 
"(i) EXISTING JURISDICTION.—^Nothing in this section limits— 
"(1) the jurisdiction of any court of the United States under 
any provision of law to determine the validity of any law, 
regulation, or policy relating to selection boards; or 
"(2) the authority of the Secretary of a military department 
to correct a military record under section 1552 of this title, 
"(j) REGULATIONS.—(1) The Secretary of each military depart-
ment shall prescribe regulations to carry out this section. Regula-
tions under this subsection may not apply to subsection (g), other 
than to paragraph (3)(C) of that subsection. 
"(2) The Secretary may prescribe in the regulations under para-
graph (1) the circumstances under which consideration by a special 
selection board may be provided for under this section, including 
the following: 
"(A) The circumstances under which consideration of a 
person's case by a special selection board is contingent upon 
application by or for that person. 
"(B) Any time limits applicable to the filing of an applica-
tion for such consideration. 
"(3) Regulations prescribed by the Secretary of a military 
department under this subsection may not take effect until approved 
by the Secretary of Defense.". 
(c) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 
the amendments made by this section shall apply with respect 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1085 
to any proceeding pending on or after the date of the enactment 
of this Act without regard to whether a challenge to an action 
of a selection board of any of the Armed Forces being considered 
in the proceeding was initiated before, on, or after that date. 
(2) The amendments made by this section shall not apply 
with respect to any action commenced in a court of the United 
States before the date of the enactment of this Act. 
SEC. 504. TEMPORARY REDUCTION OF TIME-IN-GRADE REQUIREMENT 
FOR EUGIBILITY FOR PROMOTION FOR CERTAIN ACTIVE-
DUTY LIST OFFICERS IN GRADES OF FIRST LIEUTENANT 
AND LIEUTENANT (JUNIOR GRADE). 
(a) AUTHORITY.—Subsection (a)(1)(B) of section 619 of title 10, 
United States Code, is amended by inserting before the period 
at the end the following: ", except that the minimum period of 
service in effect under this subparagraph before October 1, 2005, 
shall be eighteen months". 
(b) STYLISTIC AMENDMENTS.—Such section is further amended 
as follows: 
(1) Subsection (a) is amended by striking "(a)(1)" and 
inserting "(a) TIME-IN-GRADE REQUIREMENTS.—(1)". 
(2) Subsection (b) is amended by striking "(b)(1)" and 
inserting "(b) CONTINUED ELIGIBILITY FOR CONSIDERATION FOR 
PROMOTION OF OFFICERS WHO HAVE PREVIOUSLY FAILED OF 
SELECTION.—(1)". 
(3) Subsection (c) is amended by striking "(c)(1)" and 
inserting "(c) OFFICERS TO B E CONSIDERED BY PROMOTION 
BOARDS.—(1)". 
(4) Subsection (d) is amended by inserting "CERTAIN OFFI-
CERS NOT TO BE CONSIDERED.—" after "(d)". 
(c) TECHNICAL AMENDMENT.—Subsection (a)(4) of such section 
is amended by striking "clause (A)" and inserting "subparagraph 
(A)". 
SEC. 505. AUTHORITY FOR PROMOTION WITHOUT SELECTION BOARD 
CONSIDERATION FOR ALL FULLY QUALIFIED OFFICERS IN 
GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR 
GRADE) IN THE NAVY. 
(a) AcTiVE-DuTY LIST PROMOTIONS.—(1) Section 624(a) of title 
10, United States Code, is amended by adding at the end the 
following new paragraph: 
"(3)(A) Except as provided in subsection (d), officers on the 
active-duty list in the grade of first lieutenant or, in the case 
of the Navy, lieutenant (junior grade) who are on an approved 
all-fully-qualified-officers list shall be promoted to the next higher 
grade in accordance with regulations prescribed by the Secretary 
concerned. 
"(B) An all-fully-qualified-officers list shall be considered to President, 
be approved for purposes of subparagraph (A) when the list is 
approved by the President. When so approved, such a list shall 
be treated in the same manner as a promotion list under this 
chapter. 
"(C) The Secretary of a military department may make a rec-
ommendation to the President for approval of an all-fully-qualified-
officers list only when the Secretary determines that all officers 
on the list are needed in the next higher grade to accomplish 
mission objectives. 
115 STAT. 1086 
PUBLIC LAW 107-107—DEC. 28, 2001 
Regulations. 
President. 
"(D) For purposes of this paragraph, an all-fully-qualified-offi-
cers Ust is a list of all officers on the active-duty list in a grade 
who 
the 
Secretary 
of 
the 
military 
department 
concerned 
determines— 
"(i) are fully qualified for promotion to the next higher 
grade; and 
"(ii) would be eligible for consideration for promotion to 
the next higher grade by a selection board convened under 
section 611(a) of this title upon the convening of such a board.". 
(2) Section 631 of such title is amended by adding at the 
end the following new subsection: 
"(d) For the purposes of this chapter, an officer of the Army, 
Air Force, or Marine Corps who holds the grade of first lieutenant, 
and an officer of the Navy who holds the grade of lieutenant 
(junior grade), shall be treated as having failed of selection for 
promotion if the Secretary of the military department concerned 
determines that the officer would be eligible for consideration for 
promotion to the next higher grade by a selection board convened 
under section 611(a) of this title if such a board were convened 
but is not fully qualified for promotion when recommending for 
promotion under section 624(a)(3) of this title all fully qualified 
officers of the officer's armed force in such grade who would be 
eligible for such consideration.". 
(3) Section 611 of such title is amended— 
(A) in subsection (a)— 
(i) by striking "Under" and all that follows through 
"require," and inserting "Whenever the needs of the service 
require, 
the 
Secretary 
of the 
military 
department 
concerned"; and 
(ii) by adding at the end the following new sentence: 
"The preceding sentence does not require the convening 
of a selection board in the case of officers in the permanent 
grade of first lieutenant or, in the case of the Navy, lieuten-
ant (juiiior grade) when the Secretary concerned rec-
ommends for promotion to the next higher grade under 
section 624(a)(3) of this title all such officers whom the 
Secretary finds to be fully qualified for promotion."; 
(B) in subsection (b), by striking "tJnder" and all that 
follows through "require," and inserting "Whenever the needs 
of the service require, the Secretary of the military department 
concerned"; and 
(C) by adding at the end the following new subsection: 
"(c) The convening of selection boards under subsections (a) 
and (b) shall be under regulations prescribed by the Secretary 
of Defense.". 
(b) RESERVE ACTIVE-STATUS LIST PROMOTIONS.—(1) Section 
14308(b) of title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
"(4)(A) Officers in the permanent grade of first lieutenant or, 
in the case of the Navy, lieutenant (junior grade) who are on 
an approved all-fully-qualified-officers list shall be promoted to 
the next higher grade in accordance with regulations prescribed 
by the Secretary concerned. Such promotions shall be in the manner 
specified in section 12203 of this title. 
"(B) An all-fully-qualified-officers list shall be considered to 
be approved for purposes of subparagraph (A) when the list is 
approved by the President. When so approved, such a list shall 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1087 
be treated in the same manner as a promotion list under this 
chapter and chapter 1403 of this title. 
"(C) The Secretary of a military department may make a rec-
ommendation to the President for approval of an all-fully-qualified-
officers list only when the Secretary determines that all officers 
on the list are needed in the next higher grade to accomplish 
mission objectives. 
"(D) For purposes of this paragraph, an all-fully-qualified-offi-
cers list is a list of all officers on the reserve active-status list 
in a grade who the Secretary of the military department concerned 
determines— 
"(i) are fully qualified for promotion to the next higher 
grade; and 
"(ii) would be eligible for consideration for promotion to 
the next higher grade by a selection board convened under 
section 14101(a) of this title upon the convening of such a 
board.". 
(2) Section 14504 of such title is amended by adding at the 
end the following new subsection: 
"(c) OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT 
(JUNIOR GRADE) FOUND NOT FULLY QUALIFIED FOR PROMOTION.— 
For the purposes of this chapter, an officer of the Army, Air Force, 
or Marine Corps on a reserve active-status list who holds the 
grade of first lieutenant, and an officer of the Navy on a reserve 
active-status list who holds the grade of lieutenant (junior grade), 
shall be treated as having failed of selection for promotion if the 
Secretary of the military department concerned determines that 
the officer would be eligible for consideration for promotion to 
the next higher grade by a selection board convened under section 
14101(a) of this title if such a board were convened but is not 
fully qualified for promotion when recommending for promotion 
under section 14308(b)(4) of this title all fully qualified officers 
of the officer's armed force in such grade who would be eligible 
for such consideration.". 
(3) Section 14101(a) of such title is amended by adding at 
the end the following new paragraph: 
"(3) Paragraph (1) does not require the convening of a selection 
board in the case of officers in the permanent grade of first lieuten-
ant or, in the case of the Navy, lieutenant (junior grade) when 
the Secretary concerned recommends for promotion to the next 
higher grade under section 14308(b)(4) of this title all such officers 
whom the Secretary finds to be fully qualified for promotion.". 
(c) CONFORMING AMENDMENTS.—Title 10, United States Code, 
is amended as follows: 
(1)(A) Section 619(d) is amended by adding at the end 
the following new paragraph: 
"(4) An officer in the grade of first lieutenant or, in the 
case of the Navy, lieutenant (junior grade) who is on an 
approved all-fully-qualified-officers list under section 624(a)(3) 
of this title.". 
(B) Section 14301(c) is amended by adding at the end 
the following new paragraph: 
"(5) An officer in the grade of first lieutenant or, in the 
case of the Navy, lieutenant (junior grade) who is on an 
approved 
all-fully-qualified-officers 
list 
under 
section 
14308(b)(4) of this title.". 
(2)(A) Section 624(d) is amended— 
115 STAT. 1088 
PUBLIC LAW 107-107—DEC. 28, 2001 
(i) in the second sentence of paragraph (1), by inserting 
after "on the promotion list" the following: "(including an 
approved all-fully-qualified-officers list, if applicable)"; and 
(ii) in the second sentence of paragraph (2), by inserting 
after "to such grade, the officer" the following: "shall be 
retained on the promotion list (including an approved all-
fully-qualifled-oftlcers list, if applicable) and". 
(B) Section 14311 is amended— 
(i) in subsection (a)(2), by inserting after "on the pro-
motion list" the following: "(including an approved all-fully-
qualified-ofticers list, if applicable)"; and 
(ii) in subsection (b), by inserting in the second sen-
tence after "on the promotion list" the following: "(including 
an approved all-fully-qualified-officers list, if applicable)". 
(3)(A) Section 628(a)(1) is amended by inserting after "not 
so considered," the following: "or the name of a person that 
should have been placed on an all-fully-qualified-officers list 
under section 624(a)(3) of this title was not so placed,". 
(B) Section 14502(a)(1) is amended by inserting after 
"because of administrative error," the following: "or whose name 
was not placed on an all-fully-qualified-officers list under sec-
tion 14308(b)(4) of this title because of administrative error,". 
(4) Section 1211(e) is amended by inserting after "a pro-
motion list," the following: "an approved all-fully-qualified-offi-
cers list,". 
(d) TECHNICAL AMENDMENTS TO STRIKE CERTAIN D O P M A REF-
ERENCES TO REGULAR OFFICERS.—Chapter 36 of such title is 
amended as follows: 
(1) Section 624(c) is amended— 
(A) by inserting ", in the case of officers of the Army, 
Air Force, or Marine Corps," after "captain"; and 
(B) by inserting ", in the case of officers of the Navy," 
after "or lieutenant" the second place it appears. 
(2) Section 630 is amended by striking "regular" both places 
it appears. 
(3) Sections 631(a) and 632(a) are each amended— 
(A) by striking "Regular Army, Regular Air Force, or 
Regular Marine Corps" and inserting "Army, Air Force, 
or Marine Corps on the active-duty list"; 
(B) by striking "Regular Navy" and inserting "Navy 
on the active-duty list"; and 
(C) by striking "regular" each place it appears. 
(4)(A) The heading of section 630 and the item relating 
to that section in the table of sections at the beginning of 
subchapter III are each amended by striking the third word. 
(B) The heading of section 631 and the item relating to 
that section in the table of sections at the beginning of sub-
chapter III are each amended by striking the eighth word. 
(C) The heading of section 632 and the item relating to 
that section in the table of sections at the beginning of sub-
chapter III are each amended by striking the eighth and twenty-
first words. 
"-'^.i*.-
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1089 
SEC. 506. AUTHORITY TO ADJUST DATE OF RANK OF CERTAIN PRO-
MOTIONS 
DELAYED BY REASON 
OF UNUSUAL 
CIR-
CUMSTANCES. 
(a) ACTIVE DUTY OFFICERS.—Subsection 741(d) of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(4)(A) The Secretary concerned may adjust the date of rank 
of an officer appointed under section 624(a) of this title to a higher 
grade that is not a general officer or flag officer grade if the 
appointment of that officer to that grade is delayed from the date 
on which (as determined by the Secretary) it would otherwise 
have been made by reason of unusual circumstances (as determined 
by the Secretary) that cause an unintended delay in— 
"(i) the processing or approval of the report of the selection 
board recommending the appointment of that officer to that 
grade; or 
"(ii) the processing or approval of the promotion list estab-
lished on the basis of that report. 
"(B) The adjusted date of rank applicable to the grade of an 
officer under subparagraph (A) shall be consistent— 
"(i) with the officer's position on the promotion list for 
that grade and competitive category when additional officers 
in that grade and competitive category were needed; and 
"(ii) with compliance with the applicable 
authorized 
strengths for officers in that grade and competitive category. 
"(C) The adjusted date of rank applicable to the grade of an Effective date. 
officer under subparagraph (A) shall be the effective date for— 
"(i) the officer's pay and allowances for that grade; and 
"(ii) the officer's position on the active-duty list. 
"(D) When under subparagraph (A) the Secretary concerned Notification, 
adjusts the date of rank of an officer in a grade to which the 
officer was appointed by and with the advice and consent of the 
Senate and the adjustment is to a date before the date of the 
advice and consent of the Senate to that appointment, the Secretary 
shall promptly transmit to the Committee on Armed Services of 
the Senate a notification of that adjustment. Any such notification 
shall include the name of the officer and a discussion of the reasons 
for the adjustment of date of rank. 
"(E) Any adjustment in date of rank under this paragraph Regulations, 
shall be made under regulations prescribed by the Secretary of Applicability. 
Defense, which shall apply uniformly among the Army, Navy, Air 
Force, and Marine Corps.". 
(b) RESERVE OFFICERS.—(1) Section 14308(c) of such title is 
amended— 
(A) by redesignating paragraph (2) as paragraph (3); and 
(B) by inserting after paragraph (1) the following new 
paragraph (2): 
"(2) The date of rank of an officer appointed to a higher grade 
under this section may be adjusted in the same manner as an 
adjustment may be made under section 741(d)(4) of this title in 
the date of rank of an officer appointed to a higher grade under 
section 624(a) of this title. In any use of the authority under 
the preceding sentence, subparagraph (C)(ii) of such section shall 
be applied by substituting 'reserve active-status list' for 'active-
duty list'.". 
115 STAT. 1090 
PUBLIC LAW 107-107—DEC. 28, 2001 
(2) Paragraph (3) of such section, as redesignated by paragraph 
(1)(A), is amended by inserting "provided in paragraph (2) or as 
otherwise" after "Except as". 
10 use 741 note. 
(c) EFFECTIVE DATE.—(1) Paragraph (4) of section 741(d) of 
title 10, United States Code, as added by subsection (a), and para-
graph (2) of section 14308(c) of such title, as added by subsection 
(b), shall apply with respect to any report of a selection board 
recommending officers for promotion to the next higher grade that 
is submitted to the Secretary of the military department concerned 
on or after the date of the enactment of this Act. 
(2) The Secretary of the military department concerned may 
apply the applicable paragraph referred to in paragraph (1) in 
the case of an appointment of an officer to a higher grade resulting 
from a report of a selection board submitted to the Secretary before 
the date of the enactment of this Act if the Secretary determines 
that such appointment would have been made on an earlier date 
that is on or after October 1, 2001, and was delayed under the 
circumstances specified in paragraph (4) of section 741(d) of title 
10, United States Code, as added by subsection (a). 
SEC. 507. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFER-
MENT OF MANDATORY RETIREMENT OR SEPARATION. 
The text of section 640 of title 10, United States Code, is 
amended to read as follows: 
"(a) If the Secretary of the military department concerned deter-
mines that the evaluation of the physical condition of an officer 
and determination of the officer's entitlement to retirement or sepa-
ration for physical disability require hospitalization or medical 
observation and that such hospitalization or medical observation 
cannot be completed with confidence in a manner consistent with 
the member's well being before the date on which the officer would 
otherwise be required to retire or be separated under this title, 
the Secretary may defer the retirement or separation of the officer 
under this title. 
"(b) A deferral of retirement or separation under subsection 
(a) may not extend for more than 30 days after completion of 
the evaluation requiring hospitalization or medical observation.". 
SEC. 508. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE DUTY OF 
MEMBERS SUBJECT TO MANDATORY RETIREMENT OR 
SEPARATION. 
(a) SECTION 12305 STOP-LOSS AUTHORITY.—Section 12305 of 
title 10, United States Code, is amended by adding at the end 
the following new subsection: 
"(c) Upon the termination of a suspension made under the 
authority of subsection (a) of a provision of law otherwise requiring 
the separation or retirement of officers on active duty because 
of age, length of service or length of service in grade, or failure 
of selection for promotion, the Secretary concerned shall extend 
by up to 90 days the otherwise required separation or retirement 
date of any officer covered by the suspended provision whose separa-
tion or retirement date, but for the suspension, would have been 
before the date of the termination of the suspension or within 
90 days after the date of such termination.". 
(b) SECTION 123 STOP-LOSS AUTHORITY.—Section 123 of such 
title is amended by adding at the end the following new subsection: 
"(d) Upon the termination of a suspension made under the 
authority of subsection (a) of a provision of law otherwise requiring 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1091 
the separation or retirement of officers on active duty because 
of age, length of service or length of service in grade, or failure 
of selection for promotion, the Secretary concerned shall extend 
by up to 90 days the otherwise required separation or retirement 
date of any officer covered by the suspended provision whose separa-
tion or retirement date, but for the suspension, would have been 
before the date of the termination of the suspension or within 
90 days after the date of such termination,". 
SEC. 509. EXEMPTION FROM CERTAIN ADMINISTRATIVE LIMITATIONS 
FOR RETIRED OFFICERS ORDERED TO ACTIVE DUTY AS 
DEFENSE OR SERVICE ATTACHES. 
(a) LIMITATION OF PERIOD OF RECALLED SERVICE.—Section 
688(e)(2) of title 10, United States Code, is amended by adding 
at the end the following new subparagraph: 
"(D) An officer who is assigned to duty as a defense attache 
or service attache for the period of active duty to which 
ordered.". 
(b) LIMITATION ON NUMBER OF RECALLED OFFICERS ON ACTIVE 
DUTY.—Section 690(b)(2) of such title is amended by adding at 
the end the following new subparagraph: 
"(E) An officer who is assigned to duty as a defense attache 
or service attache for the period of active duty to which 
ordered.". 
(c) APPLICABILITY.—^The amendments made by subsections (a) lo use 688 note. 
and (b) shall apply with respect to officers serving on active duty 
as a defense attache or service attache on or after the date of 
the enactment of this Act. 
SEC. 510. OFFICER IN CHARGE OF UNITED STATES NAVY BAND. 
(a) DETAIL AND GRADE.—Section 6221 of title 10, United States 
Code, is amended to read as follows: 
"§ 6221. United States Navy Band; officer in charge 
"(a) There is a Navy band known as the United States Navy 
Band. 
"(b)(1) An officer of the Navy designated for limited duty under 
section 5589 or 5596 of this title who is serving in a grade above 
lieutenant may be detailed by the Secretary of the Navy as Officer 
in Charge of the United States Navy Band. 
"(2) While serving as Officer in Charge of the United States 
Navy Band, an officer shall hold the grade of captain if appointed 
to that grade by the President, by and with the advice and consent 
of the Senate. Such an appointment may be made notwithstanding 
section 5596(d) of this title.". 
(b) CLERICAL AMENDMENT.—^The item relating to such section 
in the table of sections at the beginning of chapter 565 of such 
title is amended to read as follows: 
"6221. United States Navy Band; officer in charge.". 
115 STAT. 1092 
PUBLIC LAW 107-107—DEC. 28, 2001 
Subtitle B—Reserve Component Personnel 
Policy 
SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN RESERVE 
OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE 
YEARS OR LESS. 
(a) CLARIFICATION OF EXEMPTION.—Section 641(1)(D) of title 
10, United States Code, is amended to read as follows: 
"(D) on active duty under section 12301(d) of this title, 
other than as provided under subparagraph (C), if the 
call or order to active duty, under regulations prescribed 
by the Secretary concerned, specifies a period of three 
years or less and continued placement on the reserve active-
status list;". 
10 use 641 note. 
(b) RETROACTIVE APPLICATION.—(1) The Secretary of the mili-
tary department concerned may provide that an officer who was 
excluded from the active-duty list under section 641(1)(D) of title 
10, United States Code, as amended by section 521 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by PubUc Law 106-398; 114 Stat. 1654A-
108), shall be considered to have been on the active-duty list during 
the period beginning on the date on which the officer was so 
excluded and ending on the date of the enactment of this Act. 
(2) The Secretary of the military department concerned may 
provide that a Reserve officer who was placed on the active-duty 
list on or after October 30, 1997, shall be placed on the reserve 
active-status list if the officer otherwise meets the conditions speci-
fied in section 641(1)(D) of title 10, United States Code, as amended 
by subsection (a). 
SEC. 512. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT 
FOR APPOINTMENT OF RESERVE OFFICERS TO GRADES 
ABOVE FIRST LIEUTENANT. 
(a) REAUTHORIZATION OF WAIVER AUTHORITY FOR ARMY DCS 
GRADUATES AND INCLUSION OF CERTAIN MARINE OFFICERS.—Section 
12205 of title 10, United States Code, is amended by adding at 
the end the following new subsection: 
"(d) WAIVER AUTHORITY FOR ARMY O C S GRADUATES AND CER-
TAIN MARINE CORPS OFFICERS.—(1) The Secretary of the Army 
may waive the applicability of subsection (a) to any officer whose 
original appointment in the Army as a Reserve officer is through 
the Army Officer Candidate School program. 
"(2) The Secretary of the Navy may waive the applicability 
of subsection (a) to any officer whose original appointment in the 
Marine Corps as a Reserve officer is through the Marine Corps 
meritorious commissioning program. 
"(3) Any such waiver shall be made on a case-by-case basis, 
considering the individual circumstances of the officer involved, 
and may continue in effect for no more than two years after the 
waiver is granted. The Secretary concerned may provide for such 
a waiver to be effective before the date of the waiver, as appropriate 
in an individual case.". 
ApplicabiUty. 
(b) EFFECTIVE DATE.—Subsection (d) of section 12205 of title 
10 use 12205 
10, United States Code, as added by subsection (a), shall apply 
^°^- 
with respect to officers appointed before, on, or after the date 
of the enactment of this Act. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1093 
SEC. 513. IMPROVED DISABIUTY BENEFITS FOR CERTAIN RESERVE 
COMPONENT MEMBERS. 
(a) MEDICAL AND DENTAL CARE.—Sections 1074a(a)(3) and 
1076(a)(2)(C) of title 10, United States Code, are each amended 
by striking ", if the" and all that follows through "member's resi-
dence". 
(b) ELIGIBILITY FOR DISABILITY RETIREMENT OR SEPARATION.— 
Sections 1204(2)(B)(iii) and 1206(2)(B)(iii) of title 10, United States 
Code, are each amended by striking ", if the" and all that follows 
through "member's residence". 
(c) RECOVERY, CARE, AND DISPOSITION OF REMAINS.—Section 
1481(a)(2)(D) of title 10, United States Code, is amended by striking 
", if the site is outside reasonable commuting distance from the 
member's residence". 
(d) ENTITLEMENT TO BASIC PAY.—Subsections (g)(1)(D) and 
(h)(1)(D) of section 204 of title 37, United States Code, are amended 
by striking ", if the site is outside reasonable commuting distance 
from the member's residence". 
(e) 
COMPENSATION 
FOR INACTIVE-DUTY 
TRAINING.—Section 
206(a)(3)(C) of title 37, United States Code, is amended by striking 
", if the site is outside reasonable commuting distance from the 
member's residence". 
SEC. 514. TIME-IN-GRADE REQUIREMENT FOR RESERVE COMPONENT 
O F F I C E R S RETIRED WITH A NONSERVICE CONNECTED DIS-
ABILITY. 
Section 1370(d)(3)(B) of title 10, United States Code, is amended 
to read as follows: 
"(B) A person covered by subparagraph (A) who has completed 
at least six months of satisfactory service in grade may be credited 
with satisfactory service in the grade in which serving at the 
time of transfer or discharge, notwithstanding failure of the person 
to complete three years of service in that grade, if that person 
is transferred from an active status or discharged as a reserve 
commissioned officer— 
"(i) solely due to the requirements of a nondiscretionary 
provision of law requiring that transfer or discharge due to 
the person's age or years of service; or 
"(ii) because the person no longer meets the qualifications 
for membership in the Ready Reserve solely because of a phys-
ical disability, as determined, at a minimum, by a medical 
evaluation board and at the time of such transfer or discharge 
such person (pursuant to section 12731b of this title or other-
wise) meets the service requirements established by section 
12731(a) of this title for eligibility for retired pay under chapter 
1223 of this title, unless the disability is described in section 
12731b of this title.". 
SEC. 515. EQUAL TREATMENT OF RESERVES AND FULL-TIME ACTIVE 
DUTY MEMBERS FOR PURPOSES OF MANAGING PER-
SONNEL DEPLOYMENTS. 
(a) RESIDENCE OF RESERVES AT HOME STATION.—Paragraph 
(2) of section 991(b) of title 10, United States Code, is amended 
to read as follows: 
"(2) In the case of a member of a reserve component who 
is performing active service pursuant to orders that do not establish 
a permanent change of station, the housing referred to in paragraph 
115 STAT. 1094 
PUBLIC LAW 107-107—DEC. 28, 2001 
(1) is any housing (which may include the member's residence) 
that the member usually occupies for use during off-duty time 
when on garrison duty at the member's permanent duty station 
or homeport, as the case may be.". 
Applicability. 
(b) EFFECTIVE DATE.—^The amendment made by this section 
10 use 991 note, shall apply with respect to duty performed on or after October 
1, 2001. 
SEC. 516. MODIFICATION 
OF 
PHYSICAL 
EXAMINATION 
REQUIRE-
MENTS 
FOR 
MEMBERS 
OF THE 
INDIVIDUAL 
READY 
RESERVE. 
(a) IRR REQUIREMENT.—Section 10206 of title 10, United States 
Code, is amended— 
(1) in the matter in subsection (a) preceding paragraph 
(1), by striking "Ready Reserve" and inserting "Selected 
Reserve"; 
(2) by designating the second sentence of subsection (a) 
as subsection (c); 
(3) by redesignating subsection (b) as subsection (d); and 
(4) by inserting after subsection (a) the following new sub-
section (b): 
"(b) A member of the Individual Ready Reserve or inactive 
National Guard shall be examined for physical fitness as necessary 
to determine the member's physical fitness for— 
"(1) military duty or promotion; 
"(2) attendance at a school of the armed forces; or 
"(3) other action related to career progression.". 
(b) TECHNICAL AMENDMENT.—Subsection (a)(1) of such section 
is amended by striking "his" and inserting "the member's". 
SEC. 517. RETIREMENT OF RESERVE MEMBERS WITHOUT REQUIRE-
MENT FOR FORMAL APPLICATION OR REQUEST. 
(a) RETIRED RESERVE.—Section 10154(2) of title 10, United 
States Code, is amended by striking "upon their request". 
(b) RETIREMENT FOR FAILURE OF SELECTION OF PROMOTION.— 
(1) Paragraph (2) of section 14513 of such title is amended by 
striking ", if the officer is qualified and applies for such transfer" 
and inserting "if the officer is qualified for such transfer and does 
not request (in accordance with regulations prescribed by the Sec-
retary concerned) not to be transferred to the Retired Reserve". 
(2)(A) The heading for such section is amended to read as 
follows: 
"§ 14513. Failure of selection for promotion: transfer, retire-
ment, or discharge". 
(B) The item relating to such section in the table of sections 
at the beginning of chapter 1407 of such title is amended to read 
as follows: 
"14513. Failiire of selection for promotion: transfer, retirement, or discharge.". 
(c) RETIREMENT FOR YEARS OF SERVICE OR AFTER SELECTION 
FOR EARLY REMOVAL.—Section 14514 of such title is amended— 
(1) in paragraph (1), by striking ", if the officer is qualified 
and applies for such transfer" and inserting "if the officer 
is qualified for such transfer and does not request (in accord-
ance with regulations prescribed by the Secretary concerned) 
not to be transferred to the Retired Reserve"; and 
(2) by striking paragraph (2) and inserting the following: 
S-fv^*- •
. • 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1095 
"(2) be discharged from the officer's reserve appointment 
if the officer is not qualified for transfer to the Retired Reserve 
or has requested (in accordance with regulations prescribed 
by the Secretary concerned) not to be so transferred.". 
(d) RETIREMENT FOR AGE.—Section 14515 of such title is 
amended— 
(1) in paragraph (1), by striking ", if the officer is qualified 
and applies for such transfer" and inserting "if the officer 
is qualified for such transfer and does not request (in accord-
ance with regulations prescribed by the Secretary concerned) 
not to be transferred to the Retired Reserve"; and 
(2) by striking paragraph (2) and inserting the following: 
"(2) be discharged from the officer's reserve appointment 
if the officer is not qualified for transfer to the Retired Reserve 
or has requested (in accordance with regulations prescribed 
by the Secretary concerned) not to be so transferred.". 
(e) DISCHARGE OR RETIREMENT OF WARRANT OFFICERS FOR 
YEARS OF SERVICE OR AGE.—(1) Chapter 1207 of such title is 
amended by adding at the end the following new section: 
"§ 12244. Warrant officers: discharge or retirement for years 
of service or for age 
"Each reserve warrant officer of the Army, Navy, Air Force, 
or Marine Corps who is in an active status and has reached the 
maximum years of service or age prescribed by the Secretary con-
cerned shall— 
"(1) be transferred to the Retired Reserve if the warrant 
officer is qualified for such transfer and does not request (in 
accordance with regulations prescribed by the Secretary con-
cerned) not to be transferred to the Retired Reserve; or 
"(2) be discharged if the warrant officer is not qualified 
for transfer to the Retired Reserve or has requested (in accord-
ance with regulations prescribed by the Secretary concerned) 
not to be so transferred.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"12244. Warrant officers: discharge or retirement for years of service or for age.". 
(f) DISCHARGE OR RETIREMENT OF ENLISTED MEMBERS FOR 
YEARS OF SERVICE OR AGE.—(1) Chapter 1203 of such title is 
amended by adding at the end the following new section: 
^§ 12108. Enlisted members: discharge or retirement 
for 
years of service or for age 
"Each reserve enlisted member of the Army, Navy, Air Force, 
or Marine Corps who is in an active status and has reached the 
maximum years of service or age prescribed by the Secretary con-
cerned shall— 
"(1) be transferred to the Retired Reserve if the member 
is qualified for such transfer and does not request (in accord-
ance with regulations prescribed by the Secretary concerned) 
not to be transferred to the Retired Reserve; or 
"(2) be discharged if the member is not qualified for transfer 
to the Retired Reserve or has requested (in accordance with 
regulations prescribed by the Secretary concerned) not to be 
so transferred.". 
115 STAT. 1096 
PUBLIC LAW 107-107—DEC. 28, 2001 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"12108. Enlisted members: discharge or retirement for years of service or for age.". 
10 use 10154 
(g) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall take effect on the first day of the first month that begins 
more than 180 days after the date of the enactment of this Act. 
SEC, 518. SPACE-REQUIRED TRAVEL BY RESERVES ON MILITARY AIR-
CRAFT. 
(a) CORRECTION OF IMPAIRMENT TO AUTHORIZED TRAVEL WITH 
ALLOWANCES.—Subsection (a) of section 18505 of title 10, United 
States Code, is amended by striking "annual training duty or" 
each place it appears. 
(b) CONFORMING AMENDMENTS.^The heading for such section, 
and the item relating to such section in the table of sections at 
the beginning of chapter 1805 of such title, are each amended 
by striking the fourth, fifth, sixth, and seventh words. 
SEC. 519. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PRO-
GRAM PREMIUMS FOR CERTAIN RESERVISTS CALLED TO 
ACTIVE DUTY IN SUPPORT OF CONTINGENCY OPER-
ATIONS. 
(a) IN GENERAL.—Subsection (e) of section 8906 of title 5, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(3)(A) An employing agency may pay both the employee and 
Government 
contributions, and any additional 
administrative 
expenses otherwise chargeable to the employee, with respect to 
health care coverage for an employee described in subparagraph 
(B) and the family of such employee. 
"(B) An employee referred to in subparagraph (A) is an 
employee who— 
"(i) is enrolled in a health benefits plan under this chapter; 
"(ii) is a member of a reserve component of the armed 
forces; 
"(iii) is called or ordered to active duty in support of a 
contingency operation (as defined in section 101(a)(13) of title 
10); 
"(iv) is placed on leave without pay or separated from 
service to perform active duty; and 
"(v) serves on active duty for a period of more than 30 
consecutive days. 
"(C) Notwithstanding the one-year limitation on coverage 
described in paragraph (1)(A), payment may be made under this 
paragraph for a period not to exceed 18 months.". 
(b) CONFORMING AMENDMENT.—^The matter preceding para-
graph (1) in subsection (f) of such section is amended to read 
as follows: 
"(f) The Government contribution, and any additional payments 
under subsection (e)(3)(A), for health benefits for an employee shall 
be paid—". 
5 use 8906 note. 
(c) APPLICABILITY.—^The amendments made by this section 
apply with respect to employees called to active duty on or after 
December 8, 1995, and an agency may make retroactive payments 
to such employees for premiums paid on or after such date. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1097 
Subtitle C—Joint Specialty Officers and 
Joint Professional Military Education 
SEC. 521. NOMINATIONS AND PROMOTIONS FOR JOINT SPECIALTY 
OFFICERS. 
(a) SELECTION OF OFFICERS FOR THE JOINT SPECIALITY.—Para-
graph (2) of section 661(b) of title 10, United States Code, is 
amended by striking "The Secretaries" and all that follows through 
"officers—" and inserting "Each officer on the active-duty list on 
the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2002 who has not before that date been nomi-
nated for the joint specialty by the Secretary of a military depart-
ment, and each officer who is placed on the active-duty list after 
such date, who meets the requirements of subsection (c) shall auto-
matically be considered to have been nominated for the joint spe-
cialty. From among those officers considered to be nominated for 
the joint specialty, the Secretary may select for the joint specialty 
only officers—". 
(b) PROMOTION RATE FOR OFFICERS WITH THE JOINT SPE-
CIALTY.—-Paragraph (2) of section 662(a) of such title is amended 
by striking "promoted at a rate" and inserting "promoted— 
"(A) during the three-year period beginning on the 
date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2002, at a rate not less than 
the rate for officers of the same armed force in the same 
grade and competitive category; and 
"(B) after the end of the period specified in subpara-
graph (A), at a rate". 
SEC. 522. JOINT DUTY CREDIT. 
Paragraph (4) of section 664(i) of title 10, United States Code, 
is amended— 
(1) in subparagraph (E), by striking "The" and inserting 
"Except as provided in subparagraph (F), the"; and 
(2) by adding at the end the following new subparagraph: 
"(F) Service in a temporary joint task force assignment 
not involved in combat or combat-related operations may not 
be credited for the purposes of joint duty, unless, and only 
if— 
"(i) the service of the officer and the nature of the 
joint task force not only meet all criteria of this section, 
except subparagraph (E), but also any additional criteria 
the Secretary may establish; 
"(ii) the Secretary has specifically approved the oper-
ation conducted by the joint task force as one that qualifies 
for joint service credit, and notifies Congress upon each 
approval, providing the criteria that led to that approval; 
and 
"(iii) the operation is conducted by the joint task force 
in an environment where an extremely fragile state of 
peace and high potential for hostilities coexist.". 
SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN CER- 
10 USC 664 note. 
TAIN JOINT TASK FORCES. 
(a) AUTHORITY.—In accordance with section 664(i) of title 10, 
United States Code, as amended by section 522, the Secretary 
115 STAT. 1098 
PUBLIC LAW 107-107—DEC. 28, 2001 
of Defense may award joint service credit to any officer who served 
on the staff of a United States joint task force headquarters in 
an operation and during the period set forth in subsection (b) 
and who meets the criteria specified in such section. To determine 
which officers quahfy for such retroactive credit, the Secretary 
shall undertake a case-by-case review of the records of officers, 
(b) ELIGIBLE OPERATIONS.—Service in the following operations, 
during the specified periods, may be counted for credit under sub-
section (a): 
(1) Operation Northern Watch, during the period beginning 
on August 1, 1992, and ending on a date to be determined. 
(2) Operation Southern Watch, during the period beginning 
on August 27, 1992, and ending on a date to be determined. 
(3) Operation Able Sentry, during the period beginning 
on June 26, 1993, and ending on February 28, 1999. 
(4) Operation Joint Endeavor, during the period beginning 
on December 25, 1995, and ending on December 19, 1996. 
(5) Operation Joint Guard, during the period beginning 
on December 20, 1996, and ending on June 20, 1998. 
(6) Operation Desert Thunder, beginning on January 24, 
1998, and ending on December 15, 1998. 
(7) Operation Joint Forge, beginning on June 20, 1998, 
and ending on June 10, 1999. 
(8) Operation Noble Anvil, beginning on March 24, 1999, 
and ending on July 20, 1999. 
(9) Operation Joint Guardian, beginning on June 11, 1999, 
and ending on a date to be determined. 
Deadline. 
(c) REPORT.—^Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report of the numbers, by service, grade, and operation, 
of the officers given joint service credit in accordance with this 
section. 
SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFICER MANAGE-
MENT. 
Section 667 of title 10, United States Code, is amended— 
(1) in paragraph {1}— 
(A) by inserting "(A)" after "(1)"; and 
(B) by adding at the end the following new subpara-
graph: 
"(B) The number of officers who meet the criteria for selec-
tion for the joint specialty but were not selected, together 
with the reasons why."; 
(2) by amending paragraph (2) to read as follows: 
"(2) The number of officers with the joint specialty, shovim 
by grade and branch or specialty and by education."; 
(3) in paragraph (3)--
(A) in subparagraph (A) and (B), by striking "nomi-
nated" and inserting "selected"; 
(B) by inserting "and" at the end of subparagraph 
(D); 
(C) by striking subparagraph (E); and 
(D) by redesignating subparagraph (F) as subpara-
graph (E); 
(4) in paragraph (4)(A), by striking "nominated" and 
inserting "selected"; 
(5) in paragraph (14)— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1099 
(A) by inserting "(A)" after "(14)"; and 
(B) by adding at the end the following new subpara-
graph: 
"(B) An assessment of the extent to which the Secretary 
of each military department is assigning personnel to joint 
duty assignments in accordance with this chapter and the 
policies, procedures, and practices established by the Secretary 
of Defense under section 661(a) of this title."; and 
(6) in paragraph (16), by striking "section 664(i)" in the 
matter preceding subparagraph (A) and in subparagraph (B) 
and inserting "subparagraphs (E) and (F) of section 664(i)(4)". 
SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPECIALTY 
BEFORE PROMOTION TO GENERAL OR FLAG OFFICER 
GRADE. 
(a) REQUIREMENT.—Subsection (a) of section 619a of title 10, 
United States Code, is amended by striking "unless" and all that 
follows and inserting "unless— 
"(1) the officer has completed a full tour of duty in a 
joint duty assignment (as described in section 664(f) of this 
title); and 
"(2) for appointments after September 30, 2007, the officer 
has been selected for the joint specialty in accordance with 
section 661 of this title.". 
(b) WAIVER AUTHORITY.—Subsection (b) of that section is 
amended by striking "may waive subsection (a) in the following 
circumstances:" and inserting "may waive paragraph (1) or para-
graph (2) of subsection (a), or both paragraphs (1) and (2) of sub-
section (a), in the following circumstances:". 
(c) PROPOSED LEGISLATIVE CHANGES.—^Not later than December 
1, 2002, the Secretary of Defense shall submit to Congress a draft 
proposal for such legislative changes as the Secretary considers 
needed to implement the amendment made by subsections (a) and 
(b). 
SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MANAGEMENT 
10 USC 661 note. 
AND 
JOINT 
PROFESSIONAL 
MILITARY 
EDUCATION 
REFORMS. 
(a) STUDY.—The Secretary of Defense shall provide for an inde-
pendent study of the joint officer management system and the 
joint professional military education system. The Secretary shall 
ensure that the entity conducting the study is provided such 
information and support as required. The Secretary shall include Reports, 
in the contract for the study a requirement that the entity con- Deadline, 
ducting the study submit a report to Congress on the study not 
later than one year after the date of the enactment of this Act. 
(b) MATTERS TO BE INCLUDED WITH RESPECT TO JOINT OFFICER 
MANAGEMENT.—^With respect to the joint officer 
management 
system, the entity conducting the independent study shall provide 
for the following: 
(1) Assessment of implications for joint officer education, 
development, and management that would result from proposed 
joint organizational operational concepts (such as standing joint 
task forces) and from emerging officer management and per-
sonnel reforms (such as longer careers and more stabilization), 
that are under consideration by the Secretary of Defense. 
(2) Assessment of the effectiveness of the current joint 
officer management system to develop and use joint specialty 
Deadline. 
10 USC 619a 
note. 
115 STAT. 1100 
PUBLIC LAW 107-107—DEC. 28, 2001 
qualified officers in meeting both current and future require-
ments for joint specialty officers. 
(3) Recommendations, based on empirical and other data, 
to improve the effectiveness of the joint officer management 
system, especially with regard to the following: 
(A) The proper mix and sequencing of education assign-
ments and experience assignments (to include, with respect 
to both types of assignments, consideration of the type 
and quality, and the length, of such assignments) to qualify 
an officer as a joint specialty officer, as well as the implica-
tions of adopting a variable joint duty tour length and 
the advisability and implications of a system of qualifying 
officers as joint specialty officers that uses multiple shorter 
qualification tracks to selection as a joint specialty officer 
than are now codified. 
(B) The system of using joint specialty 
officers, 
including the continued utility of such measures as— 
(i) the required fill of positions on the joint duty 
assignment list, as specified in paragraphs (1) and 
(4) of section 661(d) of title 10, United States Code; 
(ii) the fill by such officers of a required number 
of critical billets, as prescribed by section 661(d)(2) 
of such title; 
(iii) the mandated fill by general and flag officers 
of a minimum number of critical billets, as prescribed 
by section 661(d)(3) of such title; and 
(iv) current promotion policy objectives for officers 
with the joint specialty, officers serving on the Joint 
Staff, and officers serving in joint duty assignment 
list positions, as prescribed by section 662 of such 
title. 
(C) Changes in policy and law required to provide 
officers the required joint specialty qualification before pro-
motion to general or flag officer grade. 
(D) A determination of the number of reserve compo-
nent officers who would be qualified for designation as 
a joint specialty officer by reason of experience or education 
if the standards of existing law, including waiver authori-
ties, were applied to them, and recommendations for a 
process for qualifying and employing future reserve compo-
nent officers as joint specialty officers. 
(c) MATTERS TO BE INCLUDED WITH RESPECT TO JOINT PROFES-
SIONAL MILITARY EDUCATION.—^With respect to the joint professional 
military education system, the entity conducting the independent 
study shall provide for the following: 
(1) The number of officers who under the current system 
(A) qualified as joint specialty officers by attending joint profes-
sional military education programs before their first joint duty 
assignment, (B) qualified as joint specialty officers after arriving 
at their first joint duty assignment but before completing that 
assignment, and (C) qualified as joint specialty officers without 
any joint professional military education. 
(2) Recommended initiatives (include changes in officer 
personnel management law, if necessary) to provide incentives 
and otherwise facilitate attendance at joint professional military 
education programs before an officer's first joint duty assign-
ment. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1101 
(3) Recommended goals for attendance at the Joint Forces 
Staff College en route to a first joint duty assignment. 
(4) An assessment of the continuing utility of statutory 
requirements for use of officers following joint professional mili-
tary education, as prescribed by section 662(d) of title 10, 
United States Code. 
(5) Determination of whether joint professional military 
education programs should remain principally an in-resident, 
multi-service experience and what role non-resident or distribu-
tive learning can or should play in future joint professional 
military education programs. 
(6) Examination of options for the length of and increased 
capacity at Joint Forces Staff College, and whether other in-
resident joint professional military education sources should 
be opened, and if opened, how they might be properly accredited 
and overseen to provide instruction at the level of the program 
designated as "joint professional military education". 
(d) CHAIRMAN OF JOINT CHIEFS OF STAFF.—^With respect to 
the roles of the Secretary of Defense and the Chairman of the 
Joint Chiefs of Staff, the entity conducting the independent study 
shall— 
(1) provide for an evaluation of the current roles of the 
Secretary of Defense, the Chairman of the Joint Chiefs of 
Staff, and joint staff in law, policy, and implementation with 
regard to establishing and maintaining oversight of joint officer 
management, career guidelines, and joint professional military 
education; and 
(2) make recommendations to improve and strengthen those 
roles. 
(e) REQUIREMENTS FOR STUDY ENTITY.—In providing for 
the 
independent study required by subsection (a), the Secretary of 
Defense shall ensure that the entity conducting the study— 
(1) is not a Department of Defense organization; and 
(2) shall, at a minimum, involve in the study, in an integral 
way, the following persons: 
(A) The Chairman of the Joint Chiefs of Staff and 
available former Chairmen of the Joint Chiefs of Staff. 
(B) Members and former members of the Joint Staff, 
the Armed Forces, the Congress, and congressional staff 
who are or who have been significantly involved in the 
development, implementation, or modification of joint 
officer management and joint professional military edu-
cation. 
(C) Experts in joint officer management and education 
from civilian academic and research centers. 
SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION. 
(a) EXECUTIVE AGENT FOR FUNDING.—(1) Effective beginning Effective date, 
with fiscal year 2003, the Secretary of Defense shall be the executive ^^^USC 2162 
agent for funding professional development education operations 
of all components of the National Defense University, including 
the Joint Forces Staff College. The Secretary may not delegate 
the Secretary's functions and responsibilities under the preceding 
sentence to the Secretary of a military department. 
(2) Nothing in this subsection affects policies in effect on the 
date of the enactment of this Act with respect to— 
note. 
115 STAT. 1102 
PUBLIC LAW 107-107—DEC. 28, 2001 
Effective date. 
10 use 2165 
note. 
(A) the reporting of the President of the National Defense 
University to the Chairman of the Joint Chiefs of Staff; or 
(B) provision of logistical and base operations support for 
components of the National Defense University by the military 
departments. 
(b) PREPARATION OF BUDGET REQUESTS.—Section 2162(b) of 
title 10, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph: 
"(2) As executive agent for funding professional development 
education at the National Defense University, including the Joint 
Forces Staff College, the Secretary of Defense, with the advice 
of the Chairman of the Joint Chiefs of Staff, shall prepare the 
annual budget for professional development education operations 
at the National Defense University and set forth that request 
as a separate budget request in the materials submitted to Congress 
in support of the budget request for the Department of Defense. 
Nothing in the preceding sentence affects policies in effect on the 
date of the enactment of this paragraph with respect to budgeting 
for the funding of logistical and base operations support for compo-
nents of the National Defense University through the military 
departments.". 
(c) FUNDING SOURCE.—(1) Section 2165 of title 10, United States 
Code, is amended by adding at the end the following new subsection: 
"(d) SOURCE OF FUNDS FOR PROFESSIONAL DEVELOPMENT EDU-
CATION OPERATIONS.—Funding for the professional development 
education operations of the National Defense University shall be 
provided from funds made available to the Secretary of Defense 
from the annual appropriation 'Operation and Maintenance, 
Defense-wide'.". 
(2) Subsection (d) of section 2165 of title 10, United States 
Code, as added by paragraph (1), shall become effective beginning 
with fiscal year 2003. 
SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY TO 
ENROLL CERTAIN PRIVATE SECTOR CIVILIANS. 
(a) IN GENERAL.-—(1) Chapter 108 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§2167. National Defense University: admission of private 
sector civilians to professional military education 
program 
"(a) AUTHORITY FOR ADMISSION.—The Secretary of Defense may 
permit eligible private sector employees who work in organizations 
relevant to national security to receive instruction at the National 
Defense University in accordance with this section. No more than 
the equivalent of 10 full-time student positions may be filled at 
any one time by private sector employees enrolled under this sec-
tion. Upon successful completion of the course of instruction in 
which enrolled, any such private sector employee may be awarded 
an appropriate diploma or degree under section 2165 of this title. 
"(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of 
this section, an eligible private sector employee is an individual 
employed by a private firm that is engaged in providing to the 
Department of Defense or other Government departments or agen-
cies significant and substantial defense-related systems, products. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1103 
or services or whose work product is relevant to national security 
policy or strategy. A private sector employee admitted for instruc-
tion at the National Defense University remains eligible for such 
instruction only so long as that person remains employed by the 
same firm. 
"(c) ANNUAL CERTIFICATION BY SECRETARY OF DEFENSE.—Pri-
vate sector employees may receive instruction at the National 
Defense University during any academic year only if, before the 
start of that academic year, the Secretary of Defense determines, 
and certifies to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives, that providing instruction to private sector employees under 
this section during that year will further national security interests 
of the United States. 
"(d) PROGRAM REQUIREMENTS.—^The Secretary of Defense shall 
ensure that— 
"(1) the curriculum for the professional military education 
program in which private sector employees may be enrolled 
under this section is not readily available through other schools 
and concentrates on national security relevant issues; and 
"(2) the course offerings at the National Defense University 
continue to be determined solely by the needs of the Department 
of Defense. 
"(e) TUITION.—^The President of the National Defense University 
shall charge students enrolled under this section a rate— 
"(1) that is at least the rate charged for employees of 
the United States outside the Department of Defense, less 
infrastructure costs, and 
"(2) that considers the value to the school and course of 
the private sector student. 
"(f) STANDARDS OF CONDUCT.—^While receiving instruction at 
the National Defense University, students enrolled under this sec-
tion, to the extent practicable, are subject to the same regulations 
governing academic performance, attendance, norms of behavior, 
and enrollment as apply to Government civilian employees receiving 
instruction at the university. 
"(g) USE OF FUNDS.—^Amounts received by the National Defense 
University for instruction of students enrolled under this section 
shall be retained by the university to defray the costs of such 
instruction. The source, and the disposition, of such funds shall 
be specifically identified in records of the university.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2167. National Defense University: admission of private sector civilians to profes-
sional military education program.". 
(b) EFFECTIVE DATE.—Section 2167 of title 10, United States 
lo use 2167 
Code, as added by subsection (a), shall take effect on January ^^te. 
1, 2002. 
SEC. 529. CONTINUATION OF RESERVE COMPONENT PROFESSIONAL 
MILITARY EDUCATION TEST. 
(a) CONTINUATION OF CONCEPT VALIDATION TEST.—During 
fiscal year 2002, the Secretary of Defense shall continue the concept 
validation test of Reserve component joint professional military 
education that was begun in fiscal year 2(301 at the National 
Defense University. 
115 STAT. 1104 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) PILOT PROGRAM.—If the Secretary of Defense determines 
that the results of the concept validation test referred to in sub-
section (a) warrant conducting a pilot program of the concept that 
was the subject of the test, the Secretary shall conduct such a 
pilot program during fiscal year 2003. 
(c) FUNDING.—The Secretary shall provide funds for the concept 
validation test under subsection (a) and for any pilot program 
under subsection (b) from funds appropriated to the Secretary of 
Defense in addition to those appropriated for operations of the 
National Defense University. 
Subtitle D—Military Education and 
Training 
SEC. 531. DEFENSE 
LANGUAGE 
INSTITUTE 
FOREIGN LANGUAGE 
CENTER. 
(a) AUTHORITY TO CONFER ASSOCIATE OF ARTS DEGREE.— 
Chapter 108 of title 10, United States Code, is amended by adding 
after section 2167, as added by section 528(a)(1), the following 
new section: 
'^§2168. Defense 
Language 
Institute 
Foreign 
Language 
Center: degree of Associate of Arts in foreign lan-
guage 
"(a) Subject to subsection (b), the Commandant of the Defense 
Language Institute may confer an Associate of Arts degree in a 
foreign language upon any graduate of the Foreign Language Center 
of the Institute who fulfills the requirements for that degree. 
"(b) A degree may be conferred upon a student under this 
section only if the Provost of the Center certifies to the Commandant 
that the student has satisfied all the requirements prescribed for 
the degree. 
Regulations. 
"(c) The authority provided by subsection (a) shall be exercised 
under regulations prescribed by the Secretary of Defense.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding after the item relating 
to section 2167, as added by section 528(a)(2), the following new 
item: 
"2168. Defense Language Institute Foreign Language Center: degree of Associate of 
Arts in foreign language.". 
SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO 
AWARD DEGREE OF MASTER OF STRATEGIC STUDIES. 
(a) MARINE CORPS WAR COLLEGE DEGREE.—Section 7102 of 
title 10, United States Code, is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b) MARINE CORPS WAR COLLEGE.—Upon the recommendation 
of the Director and faculty of the Marine Corps War College of 
the Marine Corps University, the President of the Marine Corps 
University may confer the degree of master of strategic studies 
upon graduates of the Marine Corps War College who fulfill the 
requirements for that degree.". 
(b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such sec-
tion is amended by striking "upon graduates" and all that follows 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1105 
and inserting "upon graduates of the Command and Staff College 
who fulfill the requirements for that degree.". 
(2) Subsection (c) of such section, as redesignated by subsection 
(a)(1), is amended by striking "subsection (a)" and inserting "sub-
sections (a) and (b)". 
(3)(A) The heading of such section is amended to read as 
follows: 
"§ 7102. Marine Corps University: masters degrees; board of 
advisors". 
(B) The item relating to such section in the table of sections 
at the beginning of chapter 609 of such title is amended to read 
as follows: 
"7102. Marine Corps University: masters degrees; board of advisors.". 
(c) CODIFICATION OF REQUIREMENT FOR BOARD OF ADVISORS.— 
(1) Section 7102 of title 10, United States Code, as amended by 
subsections (a) and (b), is further amended by adding at the end 
the following new subsection: 
"(d) BOARD OF ADVISORS.—^The Secretary of the Navy shall 
establish a board of advisors for the Marine Corps University. 
The Secretary shall ensure that the board is established so as 
to meet all requirements of the appropriate regional accrediting 
association.". 
(2) Section 912 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 7102 note) is 
repealed. 
(d) EFFECTIVE DATE.—^The authority to confer the degree of 
master of strategic studies under section 7102(b) of title 10, United 
States Code (as added by subsection (a)) may not be exercised 
until the Secretary of Education determines, and certifies to the 
President of the Marine Corps University, that the requirements 
established by the Marine Corps War College of the Marine Corps 
University for that degree are in accordance with generally 
applicable requirements for a degree of master of arts. Upon receipt 
of such a certification, the President of the University shall promptly 
transmit a copy of the certification to the Committee on Armed 
Services of the Senate and Committee on Armed Services of the 
House of Representatives. 
SEC. 533. FOREIGN STUDENTS ATTENDING THE SERVICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—(1) Subsection (a)(1) 
of section 4344 of title 10, United States Code, is amended by 
striking "not more than 40 persons" and inserting "not more than 
60 persons". 
(2) Subsection (b) of such section is amended— 
(A) in paragraph (2), by striking "unless a written waiver 
of reimbursement is granted by the Secretary of Defense" in 
the first sentence; and 
(B) by striking paragraph (3) and inserting the following: 
"(3) The Secretary of Defense may waive, in whole or in part, 
the requirement for reimbursement of the cost of instruction for 
a cadet under paragraph (2). In the case of a partial waiver, the 
Secretary shall establish the amount waived.". 
(3) The amendments made by paragraph (2) shall not apply 
with respect to any person who entered the United States Military 
Academy to receive instruction under section 4344 of title 10, United 
States Code, before the date of the enactment of this Act. 
Establishment. 
10 u s e 7102 
note. 
Certification. 
10 u s e 4344 
note. 
115 STAT. 1106 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) UNITED STATES NAVAL ACADEMY.—(1) Subsection (a)(1) of 
section 6957 of such title is amended by striking "not more than 
40 persons" and inserting "not more than 60 persons". 
(2) Subsection (b) of such section is amended— 
(A) in paragraph (2), by striking "unless a written waiver 
of reimbursement is granted by the Secretary of Defense" in 
the first sentence; and 
(B) by striking paragraph (3) and inserting the following: 
"(3) The Secretary of Defense may waive, in whole or in part, 
the requirement for reimbursement of the cost of instruction for 
a midshipman under paragraph (2). In the case of a partial waiver, 
the Secretary shall establish the amount waived.". 
10 use 6957 
(3) The amendments made by paragraph (2) shall not apply 
note. 
with respect to any person who entered the United States Naval 
Academy to receive instruction under section 6957 of title 10, United 
States Code, before the date of the enactment of this Act. 
(c) UNITED STATES AIR FORCE ACADEMY.—(1) Subsection (a)(1) 
of section 9344 of such title is amended by striking "not more 
than 40 persons" and inserting "not more than 60 persons". 
(2) Subsection (b) of such section is amended— 
(A) in paragraph (2), by striking "unless a written waiver 
of reimbursement is granted by the Secretary of Defense" in 
the first sentence; and 
(B) by striking paragraph (3) and inserting the following: 
"(3) The Secretary of Defense may waive, in whole or in part, 
the requirement for reimbursement of the cost of instruction for 
a cadet under paragraph (2). In the case of a partial waiver, the 
Secretary shall establish the amount waived.". 
10 use 9344 
(3) The amendments made by paragraph (2) shall not apply 
note. 
with respect to any person who entered the United States Air 
Force Academy to receive instruction under section 9344 of title 
10, United States Code, before the date of the enactment of this 
Act. 
10 use 4344 
(d) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall not apply with respect to any academic year that began 
before the date of the enactment of this Act. 
SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT AS A 
CADET OR MIDSHIPMAN IN SENIOR RESERVE OFFICERS' 
TRAINING CORPS SCHOLARSHIP PROGRAMS. 
(a) GENERAL R O T C SCHOLARSHIP PROGRAM.—Section 2107(a) 
of title 10, United States Code, is amended— 
(1) by striking "27 years of age on June 30" and inserting 
"31 years of age on December 31"; and 
(2) by striking ", except that" and all that follows through 
"on such date" the second place it appears. 
(b) ARMY RESERVE AND ARMY NATIONAL GUARD ROTC SCHOL-
ARSHIP PROGRAM.—Section 2107a(a)(l) of such title is amended— 
(1) by striking "27 years of age on June 30" and inserting 
"31 years of age on December 31"; and 
(2) by striking ", except that" and all that follows through 
"on such date" the second place it appears. 
SEC. 535. PARTICIPATION OF REGULAR ENLISTED MEMBERS OF THE 
ARMED FORCES IN SENIOR RESERVE OFFICERS' TRAINING 
CORPS PROGRAM. 
(a) ELIGIBILITY.—Section 2104(b)(3) of title 10, United States 
Code, is amended by striking "a reserve component of". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1107 
(b) PAY RATE WHILE ON FIELD TRAINING OR PRACTICE CRUISE.— 
Section 209(c) of title 37, United States Code, is amended by 
inserting before the period at the end the following: ", except that 
the rate for a cadet or midshipman who is a member of the regular 
component of an armed force shall be the rate of basic pay applicable 
to the member under section 203 of this title". 
SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGATION OF CER-
TAIN ROTC CADETS IN MIUTARY JUNIOR 
COLLEGES 
RECEIVING FINANCIAL ASSISTANCE. 
(a) AUTHORITY TO MODIFY AGREEMENTS.—Subsection (b) of sec-
tion 2107a of title 10, United States Code, is amended— 
(1) by inserting "(1)" after "(b)"; 
(2) by redesignating paragraphs (1), (2), (3), (4), (5), and 
(6) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively; 
(3) by designating the sentence following subparagraph 
(F), as so redesignated, as paragraph (2); and 
(4) by adding at the end the following new paragraph: 
"(3) In the case of a cadet under this section at a military 
junior college, the Secretary may, at any time and with the consent 
of the cadet concerned, modify an agreement described in paragraph 
(1)(F) submitted by the cadet to reduce or eliminate the troop 
program unit service obligation specified in the agreement and 
to establish, in lieu of that obligation, an active duty service obliga-
tion. Such a modification may be made only if the Secretary deter-
mines that it is in the best interests of the United States to 
do so.". 
(b) RETROACTIVE APPLICATION.—The authority of the Secretary 
lo use 2i07a 
of Defense under paragraph (3) of section 2107a(b) of title 10, i^ote. 
United States Code, as added by subsection (a), may be exercised 
with regard to any agreement described in paragraph (1)(F) of 
such section (including agreements related to participation in the 
Advanced Course of the Army Reserve Officers' Training Corps 
at a military college or civilian institution) that was entered into 
during the period beginning on January 1, 1991, and ending on 
July 12, 2000 (in addition to any agreement described in that 
paragraph that is entered into on or after the date of the enactment 
of this Act). 
(c) TECHNICAL AMENDMENT.—Subsection (h) of such section 
is amended by striking "military college" in the second sentence 
and inserting "military junior college". 
SEC. 537. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE 
OFFICERS' TRAINING CORPS UNITS. 
Section 2031(a)(1) of title 10, United States Code, is amended 
by striking the second sentence. 
SEC. 538. MODIFICATION OF NURSE OFFICER CANDIDATE ACCESSION 
PROGRAM RESTRICTION ON STUDENTS ATTENDING EDU-
CATIONAL INSTITUTIONS WITH SENIOR RESERVE OFFI-
CERS' TRAINING PROGRAMS. 
Section 2130a of title 10, United States Code, is amended— 
(1) in subsection (a)(2), by striking "that does not have 
a Senior Reserve Officers' Training Program established under 
section 2102 of this title"; and 
(2) in subsection (b)(1), by inserting before the semicolon 
at the end "or that has a Senior Reserve Officers' Training 
Program for which the student is ineligible". 
115 STAT. 1108 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM 
EXPANSION. 
(a) PURPOSE OF PROGRAM.—Subsection (a) of section 16201 
of title 10, United States Code, is amended— 
(1) by striking "specialties critically needed in wartime"; 
(2) by striking "training in such specialties" and inserting 
"training that leads to a degree in medicine or dentistry or 
training in a health professions specialty that is critically 
needed in wartime"; and 
(3) by striking "training in certain health care specialties" 
and inserting "health care education and training". 
(b) MEDICAL AND DENTAL STUDENT STIPEND.—Such section is 
further amended— 
(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) MEDICAL AND DENTAL SCHOOL STUDENTS.—(1) Under the 
stipend program under this chapter, the Secretary of the military 
department concerned may enter into an agreement with a person 
who— 
"(A) is eligible to be appointed as an officer in a reserve 
component; 
"(B) is enrolled or has been accepted for enrollment in 
an institution in a course of study that results in a degree 
in medicine or dentistry; 
"(C) signs an agreement that, unless sooner separated, 
the person will— 
"(i) complete the educational phase of the program; 
"(ii) accept a reappointment or redesignation within 
the person's reserve component, if tendered, based upon 
the 
person's 
health 
profession, 
following 
satisfactory 
completion of the educational and intern programs; and 
"(iii) participate in a residency program; and 
"(D) if required by regulations prescribed by the Secretary 
of Defense, agrees to apply for, if eligible, and accept, if offered, 
residency training in a health profession skill which has been 
designated by the Secretary of Defense as a critically needed 
wartime skill. 
"(2) Under the agreement— 
"(A) the Secretary of the military department concerned 
shall agree to pay the participant a stipend, in the amount 
determined under subsection (f), for the period or the remainder 
of the period that the student is satisfactorily progressing 
toward a degree in medicine or dentistry while enrolled in 
an accredited medical or dental school; 
"(B) the participant shall not be eligible to receive such 
stipend before appointment, designation, or assignment as an 
officer for service in the Ready Reserve; 
"(C) the participant shall be subject to such active duty 
requirements as may be specified in the agreement and to 
active duty in time of war or national emergency as provided 
by law for members of the Ready Reserve; and 
"(D) the participant shall agree to serve in the Selected 
Reserve, upon successful completion of the program, for the 
period of service applicable under paragraph (3). 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1109 
"(3)(A) Subject to subparagraph (B), the period for which a 
participant is required to serve in the Selected Reserve under 
the agreement pursuant to paragraph (2)(D) shall be one year 
for each period of six months, or part thereof, for which the partici-
pant is provided a stipend pursuant to the agreement. 
"(B) In the case of a participant who enters into a subsequent 
agreement under subsection (c) and successfully completes residency 
training in a specialty designated by the Secretary of Defense 
as a specialty critically needed by the military department in war-
time, the requirement to serve in the Selected Reserve may be 
reduced to one year for each year, or part thereof, for which the 
stipend was provided while enrolled in medical or dental school.". 
(c) WARTIME CRITICAL SKILLS.—Subsection (c) of such section 
(as redesignated by subsection (b)(1)) is amended— 
(1) by inserting "WARTIME" after "CRITICAL" in the heading; 
and 
(2) by inserting "or has been appointed as a medical or 
dental officer in the Reserve of the armed force concerned" 
in paragraph (1)(B) before the semicolon at the end. 
(d) SERVICE OBLIGATION REQUIREMENT.—Paragraph (2)(D) of 
subsection (c) of such section (as redesignated by subsection (b)( 1)) 
and paragraph (2)(D) of subsection (d) of such section (as so redesig-
nated) are amended by striking "two years in the Ready Reserve 
for each year," and inserting "one year in the Ready Reserve for 
each six months,". 
(e) CROSS-REFERENCE.—Paragraph (2)(A) of subsection (c) of 
such section (as redesignated by subsection (b)(1)) and paragraph 
(2)(A) of subsection (d) of such section (as so redesignated) are 
amended by striking "subsection (e)" and inserting "subsection (f)". 
SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS 
OF CADETS AT THE UNITED STATES MILITARY ACADEMY. 
(a) AUTHORITY.—^The second sentence of section 4337 of title 
10, United States Code, is amended by striking "the same allow-
ances" and all that follows through "captain" and inserting "a 
monthly housing allowance in the same amount as the basic allow-
ance for housing allowed to a lieutenant colonel". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 10USC4337 
shall take effect on the first day of the first month beginning note. 
on or after the date of the enactment of this Act. 
Subtitle E—Recruiting and Accession 
Programs 
SEC. 541.18-MONTH ENLISTMENT PILOT PROGRAM. 
(a) IN GENERAL.—(1) Chapter 333 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 3264. 18-month enlistment pilot program 
"(a) During the pilot program period, the Secretary of the 
Army shall carry out a pilot program with the objective of increasing 
participation of prior service persons in the Selected Reserve and 
providing assistance in building the pool of participants in the 
Individual Ready Reserve. 
"(b) Under the program, the Secretary may, notwithstanding 
section 505(c) of this title, accept persons for original enlistment 
115 STAT. 1110 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadlines. 
Reports. 
10 use 3264 
note. 
Deadline. 
in the Army for a term of enlistment consisting of 18 months 
service on active duty, to be followed by three years of service 
in the Selected Reserve and then service in the Individual Ready 
Reserve to complete the military service obligation. 
"(c) Under regulations and conditions established by the Sec-
retary of the Army, a member enlisting under this section may, 
at the end of the 18-month period of service on active duty under 
that enlistment, be permitted to reenlist for continued service on 
active duty in lieu of the service in the Selected Reserve and 
the Individual Ready Reserve otherwise required under the terms 
of the member's enlistment. 
"(d) No more than 10,000 persons may be accepted for enlist-
ment in the Army through the program under this section. 
"(e) A person enlisting in the Army through the program under 
this section is eligible for an enlistment bonus under section 309 
of title 37, notwithstanding the enlistment time period specified 
in subsection (a) of that section. 
"(f) For purposes of this section, the pilot program period is 
the period beginning on the date selected by the Secretary of the 
Army for the commencement of the pilot program, which date 
shall be not later than October 1, 2003, and ending on December 
31, 2007. 
"(g) Not later than December 31, 2007, and December 31, 
2012, the Secretary of the Army shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the program 
under this section. In each such report, the Secretary shall set 
forth the views of the Secretary on the success of the program 
in meeting the objectives stated in subsection (a) and whether 
the program should be continued and, if so, whether it should 
be modified or expanded.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"3264. 18-month enlistment pilot program.". 
(b) IMPLEMENTATION REPORT.—^The Secretary of the Army shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report on the Secretary's plan for implementation of section 
3264 of title 10, United States Code, as added by subsection (a). 
Such report shall be submitted not later than March 1, 2002. 
SEC. 542. IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST 
PROGRAM. 
(a) INCREASED MAXIMUM PERIOD OF DELAYED ENTRY.—Section 
573 of the National Defense Authorization Act for Fiscal Year 
2000 (Public Law 106-65; 113 Stat. 623; 10 U.S.C. 513 note) is 
amended— 
(1) in subsection (b)— 
(A) by striking the matter preceding paragraph (1) 
and inserting the following: 
"(b) 
DELAYED ENTRY WITH ALLOWANCE FOR HIGHER 
EDU-
CATION.—Under the pilot program, the Secretary may— 
"(1) exercise the authority under section 513 of title 10, 
United States Code—"; 
(B) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and realigning those sub-
paragraphs four ems from the left margin; 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1111 
(C) at the end of subparagraph (A), as so redesignated, 
by inserting "and" after the semicolon; and 
(D) in subparagraph (B), as so redesignated, by striking 
"two years after the date of such enUstment as a Reserve 
under paragraph (1)" and inserting "the maximum period 
of delay determined for that person under subsection (c)"; 
and 
(2) in subsection (c)— 
(A) by striking "paragraph (2)" and inserting "para-
graph (1)(B)"; 
(B) by striking "two-year period" and inserting "30-
month period"; and 
(C) by striking "paragraph (1)" and inserting "para-
graph (1)( 
A)". 
(b) ALLOWANCE ELIGIBILITY AND AMOUNT.—(1) Such section 
is further amended— 
(A) in subsection (b), by striking paragraph (3) and 
inserting the following: 
"(2) subject to paragraph (2) of subsection (d) and except 
as provided in paragraph (3) of that subsection, pay an allow-
ance to a person accepted for enlistment under paragraph (1)(A) 
for each month of the period during which that person is 
enrolled in and pursuing a program described in paragraph 
(1)(B)"; and 
(B) in subsection (d)— 
(i) by redesignating paragraph (2) as paragraph (4); 
(ii) by striking paragraph (1) and inserting the fol-
lowing new paragraphs: 
"(1) The monthly allowance paid under subsection (b)(2) shall 
be equal to the amount of the subsistence allowance provided for 
certain members of the Senior Reserve Officers' Training Corps 
with the corresponding number of years of participation under 
section 209(a) of title 37, United States Code. 
"(2) An allowance may not be paid to a person under this 
section for more than 24 months. 
"(3) A member of the Selected Reserve of a reserve component 
may be paid an allowance under this section only for months 
during which the member performs satisfactorily as a member 
of a unit of the reserve component that trains as prescribed in 
section 10147(a)(1) of title 10, United States Code, or section 502(a) 
of title 32, United States Code. Satisfactory performance shall be Regulations, 
determined under regulations prescribed by the Secretary.". 
(2) The heading for such subsection is amended by striking 
"AMOUNT OF". 
(c) INELIGIBILITY FOR LOAN REPAYMENTS; RECOUPMENT.—Such 
section is further amended— 
(1) by redesignating subsections (e), (f), and (g) as sub-
sections (g), (h), and (i), respectively; and 
(2) by inserting after subsection (d) the following new sub-
sections: 
"(e) INELIGIBILITY FOR LOAN REPAYMENTS.—A person who has 
received an allowance under this section is not eligible for any 
benefits under chapter 109 of title 10, United States Code, 
"(f) RECOUPMENT OF ALLOWANCE.—(1) A person who, after 
receiving an allowance under this section, fails to complete the 
total period of service required of that person in connection with 
delayed entry authorized for the person under section 513 of title 
115 STAT. 1112 
PUBLIC LAW 107-107—DEC. 28, 2001 
10, United States Code, shall repay the United States the amount 
which bears the same ratio to the total amount of that allowance 
paid to the person as the unserved part of the total required 
period of service bears to the total period. 
"(2) An obligation to repay the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States. 
"(3) A discharge of a person in bankruptcy under title 11, 
United States Code, that is entered less than five years after 
the date on which the person was, or was to be, enlisted in the 
regular Army pursuant to the delayed entry authority under section 
513 of title 10, United States Code, does not discharge that person 
from a debt arising under paragraph (1). 
"(4) The Secretary of the Army may waive, in whole or in 
part, a debt arising under paragraph (1) in any case for which 
the Secretary determines that recovery would be against equity 
and good conscience or would be contrary to the best interests 
ofthe United States.". 
Applicability. 
(d) EFFECTIVE DATE.—^The amendments made by this section 
10 use 513 note, shall apply with respect to persons who, on or after the date 
of the enactment of this Act, are enlisted as described in subsection 
(a) of section 513 of title 10, United States Code, with delayed 
entry authorized under that section. 
10 use 503 note. 
SEC. 543. CORRECTION 
AND 
EXTENSION 
OF 
CERTAIN 
ARMY 
RECRUITING PILOT PROGRAM AUTHORITIES. 
(a) CONTRACT RECRUITING INITIATIVES.—Subsection (d)(2) of 
section 561 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-130) is amended— 
(1) in subparagraphs (A) and (D), by inserting "and Army 
Reserve" after "Regular Army"; and 
(2) in subparagraph (B), by striking "and chain of com-
mand". 
(b) EXTENSION OF AUTHORITY.—Subsection (e) of such section 
is amended by striking "December 31, 2005" and inserting "Sep-
tember 30, 2007". 
(c) EXTENSION OF TIME FOR REPORTS.—Subsection (g) of such 
section is amended by striking "February 1, 2006" and inserting 
"February 1, 2008". 
SEC. 544. MILITARY RECRUITER ACCESS TO SECONDARY SCHOOL 
STUDENTS. 
(a) ACCESS TO SECONDARY SCHOOLS.—^Paragraph (1) of section 
503(c) of title 10, United States Code, is amended to read as 
follows: 
"(c) ACCESS TO SECONDARY SCHOOLS.—<1)(A) Each local edu-
cational agency receiving assistance under the Elementary and 
Secondary Education Act of 1965— 
"(i) shall provide to military recruiters the same access 
to secondary school students as is provided generally to postsec-
ondary educational institutions or to prospective employers of 
those students; and 
"(ii) shall, upon a request made by military recruiters for 
military recruiting purposes, provide access to secondary school 
student names, addresses, and telephone listings, notwith-
standing section 444(a)(5)(B) of the General Education Provi-
sions Act (20 U.S.C. 1232g(a)(5)(B)). 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1113 
"(B) A local educational agency may not release a student's 
name, address, and telephone listing under subparagraph (A)(ii) 
without the prior written consent of a parent of the student if 
the student, or a parent of the student, has submitted a request 
to the local educational agency that the student's information not 
be released for a purpose covered by that subparagraph without 
prior written parental consent. Each local education agency shall 
notify parents of the rights provided under the preceding sentence.". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) lo use 503 note, 
shall take effect on July 1, 2002, immediately after the amendment 
to section 503(c) of title 10, United States Code, made, effective 
that date, by section 563(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-131). 
(c) NOTIFICATION.—^The Secretary of Education shall provide 
10 USC 503 note, 
to local educational agencies notice of the provisions of subsection 
(c) of section 503 of title 10, United States Code, as in effect 
upon the amendments made by subsection (a). Such notice shall Deadline. 
be provided not later than 120 days after the date of the enactment 
of this Act and shall be provided in consultation with the Secretary 
of Defense. 
SEC. 545. 
PERMANENT AUTHORITY FOR USE OF MILITARY 
RECRUITING 
FUNDS 
FOR 
CERTAIN 
EXPENSES 
AT 
DEPART-
MENT 
OF 
DEFENSE 
RECRUITING 
FUNCTIONS. 
(a) REPEAL OF TERMINATION PROVISION.—Section 520c of title 
10, United States Code, is amended by striking subsection (c). 
(b) TECHNICAL AMENDMENTS.—Subsection (a) of such section 
is amended— 
(1) in paragraph (4), by striking "recruiting events" and 
inserting "recruiting functions"; and 
(2) in paragraph (5), by striking "recruiting efforts" the 
first place it appears and inserting "recruiting functions". 
SEC. 546. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-
ACCESSION TRAINING AND EDUCATION PROGRAMS, 
(a) STUDY.—^The Secretary of Defense shall conduct a review 
of the health and disability benefit programs available to recruits 
and officer candidates engaged in training, education, or other 
types of programs while not yet on active duty and to cadets 
and midshipmen attending the service academies. The review shall 
be conducted with the participation of the Secretaries of the military 
departments. 
(b) REPORT.—^Not later than March 1, 2002, the Secretary shall Deadline, 
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 findings of the review. The report shall include 
the following with respect to persons described in subsection (a): 
(1) A statement of the process and detailed procedures 
followed by each of the Armed Forces under the jurisdiction 
of the Secretary of a military department to provide health 
care and disability benefits to all such persons injured in 
training, education, or other types of programs conducted by 
the Secretary of a military department. 
(2) Information on the total number of cases of such persons 
requiring health care and disability benefits and the total 
number of cases and average value of health care and disability 
89-194 O - 03 - 5 QL 3 Part 2 
115 STAT. 1114 
PUBLIC LAW 107-107—DEC. 28, 2001 
benefits provided under the authority for each source of benefits 
available to those persons. 
(3) A discussion of the issues regarding health and dis-
ability benefits for such persons that are encountered by the 
Secretary during the review, to include discussions with individ-
uals who have received those benefits. 
(4) A statement of the processes and detailed procedures 
followed by each of the Armed Forces under the jurisdiction 
of the Secretary of a military department to provide recruits 
and officer candidates with succinct information on the eligi-
bility requirements (including information on when they become 
eligible) for health care benefits under the Defense health care 
program, and the nature and availability of the benefits under 
the program. 
(5) A discussion of the necessity for legislative changes 
and specific legislative proposals needed to improve the benefits 
provided those persons. 
(6) An analysis of health and disability benefits under 
laws administered by the Department of Veterans Affairs and 
the Department of Labor for which those persons become 
eligible upon being injured in training or education and a 
discussion of how those benefits compare to the benefits those 
persons would receive if retired for physical disability by the 
Department of Defense. 
Subtitle F—Decorations, Awards, and 
Posthumous Commissions 
SEC. 551. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO 
HUMBERT R. VERSACE, JON E. SWANSON, AND BEN L. 
SALOMON FOR VALOR. 
(a) WAIVER OF TIME LIMITATIONS.—^Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the military service, the President 
may award the Medal of Honor under section 3741 of that title 
to any of the persons named in subsections (b), (c), and (d) for 
the acts of valor referred to in those respective subsections. 
(b) HUMBERT R. VERSACE.—Subsection (a) applies with respect 
to Humbert R. Versace, for conspicuous acts of gallantry and intre-
pidity at the risk of his life and beyond the call of duty between 
October 29, 1963, and September 26, 1965, while interned as a 
prisoner of war by the Vietnamese Communist National Liberation 
Front (Viet Cong) in the Republic of Vietnam. 
(c) JON E. SwANSON.-—Subsection (a) applies with respect to 
Jon E. Swanson, for conspicuous acts of gallantry and intrepidity 
at the risk of his life and beyond the call of duty on February 
26, 1971, while piloting a Scout helicopter on a close-support recon-
naissance mission in support of the Army of the Republic of Vietnam 
Task Force 333 in the Kingdom of Cambodia. 
(d) BEN L. SALOMON.—Subsection (a) applies with respect to 
Ben L. Salomon, for conspicuous acts of gallantry and intrepidity 
at the risk of his life and beyond the call of duty on July 7, 
1944, while defending the soldiers under his care as the Surgeon, 
2d Battalion, 105th Infantry Regiment, 27th Infantry Division 
against an overwhelming enemy force at Saipan, Marianas Islands. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1115 
SEC. 552. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CER- 
10 USC 3741 
TAIN JEWISH AMERICAN AND HISPANIC AMERICAN WAR note. 
VETERANS. 
(a) REVIEW REQUIRED.—The Secretary of each military depart-
ment shall review the service records of each Jewish American 
war veteran or Hispanic American war veteran described in sub-
section (b) to determine whether that veteran should be awarded 
the Medal of Honor. 
(b) COVERED JEWISH AMERICAN WAR VETERANS AND HISPANIC 
AMERICAN WAR VETERANS.—^The Jewish American war veterans 
and Hispanic American war veterans whose service records are 
to be reviewed under subsection (a) are the following: 
(1) Any Jewish American war veteran or Hispanic Amer-
ican war veteran who was awarded the Distinguished Service 
Cross, the Navy Cross, or the Air Force Cross before the date 
of the enactment of this Act. 
(2) Any other Jewish American war veteran or Hispanic 
American war veteran whose name is submitted to the Sec-
retary concerned for such purpose before the end of the one-
year period beginning on the date of the enactment of this 
Act. 
(c) CONSULTATIONS.—In carrying out the review under sub-
section (a), the Secretary of each military department shall consult 
with the Jewish War Veterans of the United States of America 
and with such other veterans service organizations as the Secretary 
considers appropriate. 
(d) RECOMMENDATION BASED ON REVIEW.—If the Secretary con-
cerned determines, based upon the review under subsection (a) 
of the service records of any Jewish American war veteran or 
Hispanic American war veteran, that the award of the Medal of 
Honor to that veteran is warranted, the Secretary shall submit 
to the President a recommendation that the President award the 
Medal of Honor to that veteran. 
(e) AUTHORITY TO AWARD MEDAL OF HONOR.—^A Medal of Honor 
may be awarded to a Jewish American war veteran or Hispanic 
American war veteran in accordance with a recommendation of 
the Secretary concerned under subsection (d). 
(f) WAIVER OF TIME LIMITATIONS.—An award of the Medal 
of Honor may be made under subsection (e) without regard to— 
(1) section 3744, 6248, or 8744 of title 10, United States 
Code, as applicable; and 
(2) any regulation or other administrative restriction on— 
(A) the time for awarding the Medal of Honor; or 
(B) the awarding of the Medal of Honor for service 
for which a Distinguished Service Cross, Navy Cross, or 
Air Force Cross has been awarded. 
(g) DEFINITION.—^For purposes of this section, the term "Jewish 
American war veteran" means any person who served in the Armed 
Forces during World War II or a later period of war and who 
identified himself or herself as Jewish on his or her military per-
sonnel records. 
SEC. 553, AUTHORITY TO ISSUE DUPUCATE MEDALS OF HONOR AND 
TO REPLACE STOLEN MILITARY DECORATIONS. 
(a) ARMY.—<1)(A) Chapter 357 of title 10, United States Code, 
is amended by adding at the end the following new section: 
115 STAT. 1116 
PUBLIC LAW 107-107—DEC. 28, 2001 
"§ 3754. Medal of honor: duplicate medal 
"A person awarded a medal of honor shall, upon written applica-
tion of that person, be issued, without charge, one duplicate medal 
of honor with ribbons and appurtenances. Such duplicate medal 
of honor shall be marked, in such manner as the Secretary of 
the Army may determine, as a duplicate or for display purposes 
only.". 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"3754. Medal of honor: duplicate medal.". 
(2) Section 3747 of such title is amended by striking "lost" 
and inserting "stolen, lost,". 
(b) NAVY AND MARINE CORPS.—(1)(A) Chapter 567 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
''§ 6256. Medal of honor: duplicate medal 
"A person awarded a medal of honor shall, upon written applica-
tion of that person, be issued, without charge, one duplicate medal 
of honor with ribbons and appurtenances. Such duplicate medal 
of honor shall be marked, in such manner as the Secretary of 
the Navy may determine, as a duplicate or for display purposes 
only.". 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"6256. Medal of honor: duplicate medal.". 
(2) Section 6253 of such title is amended by striking "lost" 
and inserting "stolen, lost,". 
(c) AIR FORCE.—(1)(A) Chapter 857 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*
*
§ 8754. Medal of honor: duplicate medal 
"A person awarded a medal of honor shall, upon written applica-
tion of that person, be issued, without charge, one duplicate medal 
of honor with ribbons and appurtenances. Such duplicate medal 
of honor shall be marked, in such manner as the Secretary of 
the Air Force may determine, as a duplicate or for display purposes 
only.". 
(B) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"8754. Medal of honor: duplicate medal.". 
(2) Section 8747 of such title is amended by striking "lost" 
and inserting "stolen, lost,". 
(d) COAST GUARD.—(1)(A) Chapter 13 of title 14, United States 
Code, is amended by inserting after section 503 the following new 
section: 
^§ 504. Medal of honor: duplicate medal 
"A person awarded a medal of honor shall, upon written applica-
tion of that person, be issued, without charge, one duplicate medal 
of honor with ribbons and appurtenances. Such duplicate medal 
of honor shall be marked, in such manner as the Secretary may 
determine, as a duplicate or for display purposes only.". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1117 
(B) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 503 
the following new item: 
"504. Medal of honor: duplicate medal.". 
(2) Section 501 of such title is amended by inserting "stolen," 
before "lost,". 
(e) DEFINITION OF MEDAL OF HONOR FOR PURPOSES OF FEDERAL 
UNAUTHORIZED-USE CRIME.—Section 704(b)(2)(B) of title 18, United 
States Code, is amended to read as follows: 
"(B) As used in this subsection, 'Congressional Medal of 
Honor' means— 
"(i) a medal of honor awarded under section 3741, 
6241, or 8741 of title 10 or section 491 of title 14; 
"(ii) a duplicate medal of honor issued under section 
3754, 6256, or 8754 of title 10 or section 504 of title 
14; or 
"(iii) a replacement of a medal of honor provided under 
section 3747, 6253, or 8747 of title 10 or section 501 of 
title 14.". 
SEC. 554. RETROACTIVE MEDAL OF HONOR SPECIAL PENSION. 
(a) ENTITLEMENT.—^Notwithstanding any other provision of law, 
Robert R. Ingram of Jacksonville, Florida, who was awarded the 
Medal of Honor pursuant to Public Law 105-103 (111 Stat. 2218), 
shall be entitled to the special pension provided for under section 
1562 of title 38, United States Code (and antecedent provisions 
of law), for months that begin after March 1966. 
(b) AMOUNT.—^The amount of special pension payable under 
subsection (a) for a month beginning before the date of the enact-
ment of this Act shall be the amount of special pension provided 
for by law for that month for persons entered and recorded in 
the Army, Navy, Air Force, and Coast Guard Medal of Honor 
Roll (or antecedent Medal of Honor Roll required by law). 
SEC. 555. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN 
DECORATIONS TO CERTAIN PERSONS. 
(a) WAIVER.—^Any limitation established by law or policy for 
the time within which a recommendation for the award of a military 
decoration or award must be submitted shall not apply to awards 
of decorations described in this section, the award of each such 
decoration having been determined by the Secretary concerned to 
be warranted in accordance with section 1130 of title 10, United 
States Code. 
(b) SILVER STAR.—Subsection (a) applies to the award of the 
Silver Star to Wayne T. Alderson, of Glassport, Pennsylvania, for 
gallantry in action from March 15 to March 18, 1945, while serving 
as a member of the Army. 
(c) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to 
the award of the Distinguished Flying Cross for service during 
World War II (including multiple awards to the same individual) 
in the case of each individual concerning whom the Secretary of 
the Navy (or an officer of the Navy acting on behalf of the Secretary) 
submitted to the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the 
Senate, during the period beginning on October 30, 2000, and 
ending on the day before the date of the enactment of this Act, 
a notice as provided in section 1130(b) of title 10, United States 
Robert R. 
Ingrain. 
Wayne T. 
Alderson. 
115 STAT. 1118 
PUBLIC LAW 107-107—DEC. 28, 2001 
Code, that the award of the Distinguished Flying Cross to that 
individual is warranted and that a waiver of time restrictions 
prescribed by law for recommendation for such award is rec-
ommended. 
SEC. 556. SENSE OF CONGRESS ON ISSUANCE OF CERTAIN MEDALS. 
It is the sense of Congress that the Secretary of Defense should 
consider authorizing— 
(1) the issuance of a campaign medal, to be known as 
the Korea Defense Service Medal, to each person who while 
a member of the Armed Forces served in the Republic of Korea, 
or the waters adjacent thereto, during the period beginning 
on July 28, 1954, and ending on such date thereafter as the 
Secretary considers appropriate; 
(2) the issuance of a campaign medal, to be known as 
the Cold War Service Medal, to each person who while a 
member of the Armed Forces served satisfactorily on active 
duty during the Cold War; and 
(3) the award of the Vietnam Service Medal to any member 
or former member of the Armed Forces who was awarded 
the Armed Forces Expeditionary Medal for participation in 
military operations designated as Operation Frequent Wind 
arising from the evacuation of Vietnam on April 29 and 30, 
1975. 
SEC. 557. SENSE OF CONGRESS ON DEVELOPMENT OF A MORE COM-
PREHENSIVE, UNIFORM POLICY FOR THE AWARD OF 
DECORATIONS TO MILITARY AND CIVILIAN PERSONNEL 
OF THE DEPARTMENT OF DEFENSE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The role and importance of civilian nationals of the 
United States as Federal employees and contractors in support 
of operations of the Armed Forces worldwide has continued 
to expand. 
(2) The expanded role performed by those civilians, both 
in the United States and overseas, has greatly increased the 
risk to those civilians of injury and death from hostile actions 
taken against United States Armed Forces, as demonstrated 
by the terrorist attack on the Pentagon on September 11, 
2001, in which scores of Department of Defense civilian and 
contractor personnel were killed or wounded. 
(3) On September 20, 2001, the Deputy Secretary of Defense 
approved the creation of a new award, a medal for the defense 
of freedom, to be awarded to civilians employed by the Depart-
ment of Defense who are killed or wounded as a result of 
hostile action and at the same time directed that a comprehen-
sive review be conducted to develop a more uniform approach 
to the award of decorations to military and civilian personnel 
of the Department of Defense. 
(b) COMMENDATION OF CREATION OF NEW AWARD.—Congress 
commends the decision announced by the Deputy Secretary of 
Defense on September 20, 2001, to approve the creation of a new 
award, a medal for the defense of freedom, to be awarded to civilians 
employed by the Department of Defense who are killed or wounded 
as a result of hostile action. 
(c) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should act expeditiously to develop a 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1119 
more comprehensive, uniform policy for the award of decorations 
to miUtary and civilian personnel of the Department of Defense. 
SEC. 558. POSTHUMOUS AEMY COMMISSION IN THE GRADE OF CAP-
TAIN IN THE CHAPLAINS CORPS TO ELLA E. GIBSON FOR 
SERVICE AS CHAPLAIN OF THE FIRST WISCONSIN HEAVY 
ARTILLERY REGIMENT DURING THE CIVIL WAR. 
The President is authorized and requested to posthumously 
appoint Ella E. Gibson to the grade of captain in the Chaplains 
Corps of the Army, the commission to issue as of the date of 
her appointment as chaplain to the First Wisconsin Heavy Artillery 
regiment during the Civil War and to be considered to have been 
in effect during the time during which she faithfully performed 
the services of a chaplain to that regiment and for which Congress 
by law (Private Resolution 31 of the 40th Congress, approved March 
3, 1869) previously provided for her to be paid the full pay and 
emoluments of a chaplain in the United States Army as if she 
had been regularly commissioned and mustered into service. 
Subtitle G—Funeral Honors Duty 
SEC. 561. PARTICIPATION OF MILITARY RETIREES IN FUNERAL 
HONORS DETAILS. 
(a) AUTHORITY.—Subsection (b)(2) of section 1491 of title 10, 
United States Code, is amended— 
(1) in the first sentence, by inserting "(other than members 
in a retired status)" after "members of the armed forces"; and 
(2) in the second sentence, by inserting "(including mem-
bers in a retired status)," after "members of the armed forces". 
(b) FUNERAL HONORS DUTY ALLOWANCE.—Section 435(a) of title 
37, United States Code, is amended— 
(1) by inserting "(1)" after "(a) ALLOWANCE 
AUTHOR-
IZED.—"; and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary concerned may also authorize payment of 
that allowance to a member of the armed forces in a retired status 
for any day on which the member serves in a funeral honors 
detail under section 1491 of title 10, if the time required for service 
in such detail (including time for preparation) is not less than 
two hours. The amount of an allowance paid to a member under 
this paragraph shall be in addition to any other compensation 
to which the member may be entitled under this title or title 
10 or 38.". 
SEC. 562. FUNERAL HONORS DUTY PERFORMED BY RESERVE AND 
GUARD MEMBERS TO BE TREATED AS INACTIVE-DUTY 
TRAINING FOR CERTAIN PURPOSES. 
(a) RESERVE MEMBERS.—Section 12503(a) of title 10, United 
States Code, is amended by adding at the end the following new 
sentence: "Performance of funeral honors duty by a Reserve not 
on active duty shall be treated as inactive-duty training (including 
with respect to travel to and from such duty) for purposes of 
any provision of law other than sections 206 and 435 of title 
37.". 
(b) NATIONAL GUARD MEMBERS.—Section 115(a) of title 32, 
United States Code, is amended by adding at the end the following 
new sentence: "Performance of funeral honors duty by such a 
115 STAT. 1120 
PUBLIC LAW 107-107—DEC. 28, 2001 
Applicability. 
10 use 12503 
note. 
member not on active duty or full-time National Guard duty shall 
be treated as inactive-duty training (including with respect to travel 
to and from such duty) for purposes of any provision of law other 
than sections 206 and 435 of title 37.". 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to funeral honors duty performed on or after October 
30, 2000. 
SEC. 563. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY 
RESERVE MEMBERS AND NATIONAL GUARDSMEN. 
Section 6323(a)(1) of title 5, United States Code, is amended 
by inserting "funeral honors duty (as described in section 12503 
of title 10 and section 115 of title 32)," after "(as defined in section 
101 of title 37),". 
SEC. 564. AUTHORITY TO PROVIDE APPROPRIATE 
ARTICLES 
OF 
CLOTHING AS A CIVILIAN UNIFORM FOR 
CIVILIANS 
PARTICIPATING IN FUNERAL HONOR DETAILS. 
Section 1491(d) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(3) Articles of clothing for members of a veterans organiza-
tion or other organization referred to in subsection (b)(2) that, 
as determined by the Secretary concerned, are appropriate 
as a civilian uniform for persons participating in a funeral 
honors detail.". 
Subtitle H—Military Spouses and Family 
Members 
SEC. 571. IMPROVED FINANCIAL AND OTHER ASSISTANCE TO MILI-
TARY SPOUSES FOR JOB TRAINING AND EDUCATION. 
(a) EXAMINATION OF EXISTING EMPLOYMENT ASSISTANCE PRO-
GRAMS.—(1) The Secretary of Defense shall examine existing 
Department of Defense and other Federal, State, and nongovern-
mental programs with the objective of improving retention of mili-
tary personnel by increasing the employability of military spouses 
and assisting those spouses in gaining access to financial and other 
assistance for job training and education. 
(2) In conducting the examination, the Secretary shall give 
priority to facilitating and increasing access of military spouses 
to existing Department of Defense, Federal, State, and nongovern-
mental sources for the t5T)es of financial assistance set forth in 
paragraph (3), but shall also specifically assess whether the Depart-
ment of Defense should begin a program for direct financial assist-
ance to military spouses for some or all of those types of assistance 
and whether such a program of direct financial assistance would 
enhance retention. 
(3) In conducting the examination pursuant to paragraph (1), 
the Secretary should focus on financial assistance for military 
spouses for one or more of the following purposes: 
(A) Career-related education. 
(B) Certification and license fees for emplo3mient-related 
purposes. 
(C) Apprenticeships and internships. 
(D) Technical training. 
(E) Training to improve job skills. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1121 
(F) Career counseling. 
(G) Skills assessment. 
(H) Job-search skills. 
(I) Job-related transportation. 
(J) Child care. 
(K) Any additional employment-related purpose specified 
by the Secretary for the purposes of the examination under 
paragraph (1). 
(4) Not later than March 30, 2002, the Secretary of Defense Deadline, 
shall submit to the Committee on Armed Services of the Senate Reports. 
and the Committee on Armed Services of the House of Representa-
tives a report on the results of the examination under paragraph 
(1). 
(b) REVIEW OF DEPARTMENT OF DEFENSE POLICIES.—(1) The 
Secretary of Defense shall review Department of Defense policies 
that affect employment and education opportunities for military 
spouses in the Department of Defense in order to further expand 
those opportunities. The review shall include the consideration of 
providing, to the extent authorized by law, separate spouse pref-
erences for employment by appropriated and nonappropriated fund 
operations. 
(2) Not later than March 30, 2002, the Secretary of Defense Deadline, 
shall submit to the Committee on Armed Services of the Senate Reports. 
and the Committee on Armed Services of the House of Representa-
tives a report on the results of the review under paragraph (1). 
(c) SPOUSE EMPLOYMENT ASSISTANCE.—Section 1784 of title 
10, United States Code, is amended by adding at the end the 
following new subsections: 
"(d) SPACE-AVAILABLE USE OF FACILITIES FOR SPOUSE TRAINING Regulations. 
PURPOSES.—Under regulations prescribed by the Secretary of 
Defense, the Secretary of a military department may make available 
to a non-Department of Defense entity space in non-excess facilities 
controlled by that Secretary for the purpose of the non-Department 
of Defense entity providing emplo3mient-related training for military 
spouses. 
"(e) EMPLOYMENT BY OTHER FEDERAL AGENCIES.—^The Sec-
retary of Defense shall work with the Director of the Office of 
Personnel Management and the heads of other Federal departments 
and agencies to expand and facilitate the use of existing Federal 
programs and resources in support of military spouse employment. 
"(f) PRIVATE-SECTOR EMPLOYMENT.—^The Secretary of Defense— 
"(1) shall seek to develop partnerships with firms in the 
private sector to enhance emplo3anent opportunities for spouses 
of members of the armed forces and to provide for improved 
job portability for such spouses, especially in the case of the 
spouse of a member of the armed forces accompanying the 
member to a new geographical area because of a change of 
permanent duty station of the member; and 
"(2) shall work with the United States Chamber of Com-
merce and other appropriate private-sector entities to facilitate 
the formation of such partnerships. 
"(g) EMPLOYMENT WITH D O D CONTRACTORS.—The Secretary 
of Defense shall examine and seek ways for incorporating hiring 
preferences for qualified spouses of members of the armed forces 
into contracts between the Department of Defense and private-
sector entities.". 
115 STAT. 1122 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 
572. 
PERSONS 
AUTHORIZED 
TO 
BE 
INCLUDED 
IN 
SURVEYS 
OF 
MILITARY 
FAMILIES 
REGARDING 
FEDERAL 
PROGRAMS. 
(a) EXTENSION OF SURVEY AUTHORITY.—Subsection (a) of section 
1782 of title 10, United States Code, is amended to read as follows: 
"(a) AUTHORITY.—^The Secretary of Defense, in order to deter-
mine the effectiveness of Federal programs relating to military 
families and the need for new programs, may conduct surveys 
of— 
"(1) members of the armed forces who are on active duty, 
in an active status, or retired; 
"(2) family members of such members; and 
"(3) survivors of deceased retired members and of members 
who died while on active duty.". 
(b) FEDERAL RECORDKEEPING REQUIREMENTS.—Subsection (c) 
of such section is amended to read as follows: 
"(c) FEDERAL RECORDKEEPING REQUIREMENTS.—^With respect 
to a survey authorized under subsection (a) that includes a person 
referred to in that subsection who is not an employee of the United 
States or is not otherwise considered an employee of the United 
States for the purposes of section 3502(3)(A)(i) of title 44, the 
person shall be considered as being an employee of the United 
States for the purposes of that section.". 
SEC. 573. CLARIFICATION OF TREATMENT OF CLASSIFIED INFORMA-
TION CONCERNING PERSONS IN A MISSING STATUS. 
Section 1506(b)(2) of title 10, United States Code, is amended— 
(1) by inserting "(A)" after "(2)"; 
(2) by striking the period at the end and inserting "of 
all missing persons from the conflict or period of war to which 
the classified information pertains."; and 
(3) by adding at the end the following new subparagraph: 
"(B) For purposes of subparagraph (A), information shall be 
considered to be made reasonably accessible if placed in a separate 
and distinct file that is available for review by persons specified 
in subparagraph (A) upon the request of any such person either 
to review the separate file or to review the personnel file of the 
missing person concerned.". 
SEC. 574. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN 
OF PERSONS UNACCOUNTED FOR FROM 
CONFLICTS 
AFTER WORLD WAR H. 
(a) AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE 
TRANSPORTATION.—Chapter 157 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§2647. Next-of-kin of persons unaccounted for from con-
flicts after World War II: transportation to annual 
meetings 
"The Secretary of Defense may provide transportation for the 
next-of-kin of persons who are unaccounted for from the Korean 
conflict, the Cold War, Vietnam War era, or the Persian Gulf 
War to and from an annual meeting in the United States. Such 
transportation shall be provided under such regulations as the 
Secretary of Defense may prescribe.". 
(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: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1123 
"2647. Next-of-kin of persons unaccounted for from conflicts after World War II: 
transportation to annual meetings.". 
SEC. 575. AMENDMENTS TO CHARTER OF DEFENSE TASK FORCE ON 
DOMESTIC VIOLENCE. 
(a) MEMBERS APPOINTED FROM PRIVATE SECTOR.—Subsection 
(h)(1) of section 591 of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 639; 10 U.S.C. 
1562 note) is amended— 
(1) by inserting "who is a member of the Armed Forces 
or civilian officer or employee of the United States" after "Each 
member of the task force"; 
(2) by striking ", but shall" and all that follows and 
inserting a period; and 
(3) by adding at the end the following new sentence: "Other 
members of the task force shall be appointed in accordance 
with, and subject to, section 3161 of title 5, United States 
Code.". 
(b) EXTENSION OF TERMINATION DATE.—Subsection (j) of such 
section is amended by striking "three years after the date of the 
enactment of this Act" and inserting "on April 24, 2003". 
Subtitle I—Military Justice and Legal 
Assistance Matters 
SEC. 581. BLOOD ALCOHOL CONTENT LIMIT FOR THE OFFENSE 
UNDER THE UNIFORM CODE OF MIUTARY JUSTICE OF 
DRUNKEN OPERATION OF A VEHICLE, AIRCRAFT, OR 
VESSEL. 
Section 911 of title 10, United States Code (article 111 of 
the Uniform Code of Military Justice), is amended— 
(1) by inserting "(a)" before "Any person"; 
(2) by striking "0.10 grams" the first place it appears and 
all that follows through "chemical analysis" and inserting "in 
excess of the applicable limit under subsection (b)"; and 
(3) by adding at the end the following: 
"(b)(1) For purposes of subsection (a), the applicable limit on 
the alcohol concentration in a person's blood or breath is as follows: 
"(A) In the case of the operation or control of a vehicle, 
aircraft, or vessel in the United States, such limit is the blood 
alcohol content limit under the law of the State in which 
the conduct occurred, except as may be provided under para-
graph (2) for conduct on a military installation that is in 
more than one State and subject to the maximum blood alcohol 
content limit specified in paragraph (3). 
"(B) In the case of the operation or control of a vehicle, 
aircraft, or vessel outside the United States, the applicable 
blood alcohol content limit is the maximum blood alcohol con-
tent limit specified in paragraph (3) or such lower limit as 
the Secretary of Defense may by regulation prescribe. 
"(2) In the case of a military installation that is in more 
than one State, if those States have different blood alcohol content 
limits under their respective State laws, the Secretary may select 
one such blood alcohol content limit to apply uniformly on that 
installation. 
115 STAT. 1124 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(3) For purposes of paragraph (1), the maximum blood alcohol 
content limit with respect to alcohol concentration in a person's 
blood is 0.10 grams of alcohol per 100 milliliters of blood and 
with respect to alcohol concentration in a person's breath is 0.10 
grams of alcohol per 210 liters of breath, as shown by chemical 
analysis. 
"(4) In this subsection: 
"(A) The term 'blood alcohol content limit' means the max-
imum permissible alcohol concentration in a person's blood 
or breath for purposes of operation or control of a vehicle, 
aircraft, or vessel. 
"(B) The term 'United States' includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, and American Samoa and the term 'State' 
includes each of those jurisdictions.". 
SEC. 582. REQUIREMENT THAT COURTS-MARTIAL CONSIST OF NOT 
LESS THAN 12 MEMBERS IN CAPITAL CASES. 
(a) CLASSIFICATION OF GENERAL COURT-MARTIAL IN CAPITAL 
CASES.—Section 816(1)(A) of title 10, United States Code (article 
16(1)(A) of the Uniform Code of Military Justice) is amended by 
inserting after "five members" the following: "or, in a case in which 
the accused may be sentenced to a penalty of death, the number 
of members determined under section 825a of this title (article 
25a)". 
(b) NUMBER OF MEMBERS REQUIRED.—(1) Chapter 47 of title 
10, United States Code (the Uniform Code of Military Justice), 
is amended by inserting after section 825 (article 25) the following 
new section: 
''§ 825a. Art. 25a. Number of members in capital cases 
"In a case in which the accused may be sentenced to a penalty 
of death, the number of members shall be not less than 12, unless 
12 members are not reasonably available because of physical condi-
tions or military exigencies, in which case the convening authority 
shall specify a lesser number of members not less than five, and 
the court may be assembled and the trial held with not less than 
the number of members so specified. In such a case, the convening 
authority shall make a detailed written statement, to be appended 
to the record, stating why a greater number of members were 
not reasonably available.". 
(2) The table of sections at the beginning of subchapter V 
of such chapter is amended by inserting after the item relating 
to section 825 (article 25) the following new item: 
"825a. 25a. Number of members in capital cases.". 
(c) ABSENT AND ADDITIONAL MEMBERS.—Section 829(b) of such 
title (article 29 of the Uniform Code of Military Justice) is 
amended— 
(1) by inserting "(1)" after "(b)"; 
(2) by striking "five members" both places it appears and 
inserting "the applicable minimum number of members"; and 
(3) by adding at the end the following new paragraph: 
"(2) In this section, the term 'applicable minimum number 
of members' means five members or, in a case in which the death 
penalty may be adjudged, the number of members determined under 
section 825a of this title (article 25a).". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1125 
(d) EFFECTIVE DATE.—The amendments made by this section 
10 USC 816 note, 
shall apply with respect to offenses committed after December 
31, 2002. 
SEC. 583. ACCEPTANCE OF VOLUNTARY LEGAL ASSISTANCE FOR THE 
CIVIL AFFAIRS OF MEMBERS AND FORMER MEMBERS OF 
THE UNIFORMED SERVICES AND THEIR DEPENDENTS. 
(a) AUTHORITY.—Subsection (a) of section 1588 of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(5) Legal services voluntarily provided as legal assistance 
under section 1044 of this title.". 
(b) DEFENSE OF LEGAL MALPRACTICE.—Subsection (d)(1) of that 
section is amended by adding at the end the following new subpara-
graph: 
"(E) Section 1054 of this title (relating to legal malpractice), 
for a person voluntarily providing legal services accepted under 
subsection (a)(5), as if the person were providing the services 
as an attorney of a legal staff within the Department of 
Defense.". 
Subtitle J—Other Matters 
SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE IN GROUND 
COMBAT EXCLUSION POLICY. 
Section 542(b) of the National Defense Authorization Act for 
Fiscal Year 1994 (Pubhc Law 103-160; 10 U.S.C. 113 note) is 
amended— 
(1) in paragraph (1)— 
(A) by striking "not less than 90 days"; and 
(B) by adding at the end the following new sentence: 
"Such a change may then be implemented only after the 
end of a period of 30 days of continuous session of Congress 
(excluding any day on which either House of Congress 
is not in session) following the date on which the report 
is received."; and 
(2) by adding at the end the following new paragraph: 
"(5) For purposes of this subsection, the continuity of a session 
of Congress is broken only by an adjournment of the Congress 
sine die.". 
SEC. 592. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS 
DEPLOYMENTS. 
(a) FUNDING SOURCE FOR ALLOWANCE.—Section 436(a) of title 
37, United States Code, is amended by adding at the end the 
following new sentence: "The Secretary shall pay the allowance 
from appropriations available for operation and maintenance for 
the armed force in which the member serves.". 
(b) EXPANDED REPORT REGARDING MANAGEMENT OF INDIVIDUAL lo use 99i note. 
MEMBER DEPLOYMENTS.—Section 574(d) 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-138) is amended 
in the second sentence by striking paragraphs (1) and (2) and 
inserting the following new paragraphs: 
"(1) a discussion of the experience in tracking and recording 
the deplo3anents of members of the Armed Forces and the 
payment of the per diem allowance for lengthy or numerous 
115 STAT. 1126 
PUBLIC LAW 107-107—DEC. 28, 2001 
Applicability. 
10 u s e 1212 
note. 
Applicability. 
10 u s e 2634 
note. 
deplo)anents in accordance with section 436 of title 37, United 
States Code; 
"(2) specific comments regarding the effect of section 991 
of title 10, United States Code, and section 436 of title 37, 
United States Code, on the readiness of the Navy and Marine 
Corps given the deployment intensive mission of these services; 
and 
"(3) any recommendations for revision of section 991 of 
title 10, United States Code, or section 436 of title 37, United 
States Code, that the Secretary considers appropriate.". 
SEC. 593. CLARIFICATION OF DISABILITY SEVERANCE PAY COMPUTA-
TION. 
(a) CLARIFICATION.—Section 1212(a)(2) of title 10, United States 
Code, is amended by striking "for promotion" in subparagraph 
(C) and the first place it appears in subparagraph (D). 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
(a) shall apply with respect to members separated under section 
1203 or 1206 of title 10, United States Code, on or after date 
of the enactment of this Act. 
SEC. 594. TRANSPORTATION OR STORAGE OF PRIVATELY OWNED 
VEHICLES ON CHANGE OF PERMANENT STATION. 
(a) ADVANCE PAYMENT OF STORAGE COSTS.—Subsection (b) of 
section 2634 of title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
"(4) Storage costs payable under this subsection may be paid 
in advance.". 
(b) SHIPMENT ON PERMANENT CHANGE OF STATION WITHIN 
CONUS.—Subsection (h)( 1) of such section is amended by striking 
"includes" in the second sentence and all that follows and inserting 
"includes the following: 
"(A) An authorized change in home port of a vessel. 
"(B) A transfer or assignment between two permanent 
stations in the continental United States when— 
"(i) the member cannot, because of injury or the 
conditions of the order, drive the motor vehicle between 
the permanent duty stations; or 
"(ii) the Secretary concerned determines that it 
is advantageous and cost-effective to the United States 
for one motor vehicle of the member to be transported 
between the permanent duty stations.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 
apply to orders to make a change of permanent station that are 
issued on or after the date of the enactment of this Act. 
SEC. 595, REPEAL OF REQUIREMENT FOR FINAL COMPTROLLER GEN-
ERAL REPORT RELATING TO ARMY END STRENGTH 
ALLOCATIONS. 
Section 552 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 319; 10 U.S.C. 115 
note) is repealed. 
SEC. 596. CONTINUED DEPARTMENT OF DEFENSE ADMINISTRATION 
OF 
NATIONAL 
GUARD 
CHALLENGE 
PROGRAM AND 
DEI^ARTMENT OF DEFENSE STARBASE PROGRAM. 
(a) NATIONAL GUARD CHALLENGE PROGRAM.—Section 509(b) of 
title 32, United States Code, is amended— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1127 
(1) in paragraph (2)(A), by striking "in a fiscal year" and 
inserting "in fiscal year 2001 or 2002"; and 
(2) by adding at the end the following new paragraph: 
"(4) The Secretary of Defense shall remain the executive agent 
to carry out the National Guard Challenge Program regardless 
of the source of funds for the program or any transfer of jurisdiction 
over the program within the executive branch. As provided in 
subsection (a), the Secretary may use the National Guard to conduct 
the program.". 
(b) STARBASE PROGRAM.—Section 2193b(f) of title 10, United 
States Code, is amended— 
(1) by inserting "(1)" before "The Secretary"; and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary of Defense shall remain the executive agent 
to carry out the program regardless of the source of funds for 
the program or any transfer of jurisdiction over the program within 
the executive branch.". 
(c) REPEAL OF CONTINGENT FUNDING FOR JROTC.—(1) Section 
2033 of title 10, United States Code, is repealed, 
(2) The table of sections at the beginning of chapter 102 of 
such title is amended by striking the item relating to section 2033. 
(3) The amendments made by this subsection shall take effect 
on October 1, 2002. 
SEC. 597. REPORT ON DEFENSE SCIENCE BOARD RECOMMENDATION 
ON ORIGINAL APPOINTMENTS IN REGULAR GRADES FOR 
ACADEMY GRADUATES AND CERTAIN OTHER NEW OFFI-
CERS. 
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 legislative and 
policy changes required to implement the recommendation of the 
Defense Science Board (made in its report entitled "Final Report 
on Human Resources Strategy" and dated February 28, 2000) that 
all officers be given initial regular commissions. The Secretary 
shall include in that report a description of the measures necessary 
to transition the current active-duty officer corps to an all-regular 
status, if the Board's recommendation were adopted, and shall 
provide the Secretar/s position with regard to implementing that 
recommendation. The report shall be submitted not later than six 
months after the date of the enactment of this Act. 
SEC. 598. SENSE OF CONGRESS REGARDING THE SELECTION OF OFFI-
CERS FOR RECOMMENDATION FOR APPOINTMENT AS 
COMMANDER, UNITED STATES TRANSPORTATION COM-
MAND. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Goldwater-Nichols Department of Defense Reorga-
nization Act of 1986 (Public Law 99-433) envisioned that offi-
cers would be selected for recommendation to the President 
for appointment as the commander of a combatant command 
under chapter 6 of title 10, United States Code (as added 
by that Act), on the basis of being the best qualified officer 
for that position, rather than the best qualified officer of the 
armed force that had historically supplied officers to serve 
in that position. 
(2) In order to provide for greater competition among the 
Armed Forces for selection of officers for assignment as the 
Effective date. 
10 use 2033 
note. 
Deadline. 
115 STAT. 1128 
PUBLIC LAW 107-107—DEC. 28, 2001 
commanders of the combatant commands and assignment to 
certain other joint positions in the grade of general or admiral, 
Congress provided temporary relief from the limitation on the 
number of officers serving on active duty in the grade of general 
or admiral in section 405 of the National Defense Authorization 
Act for Fiscal Year 1995 and thereafter extended that relief 
until September 30, 2003, but has also required that the Sec-
retary of Defense be furnished the name of at least one officer 
from each of the Armed Forces for consideration for appoint-
ment to each such position. 
(3) Most of the positions of commanders of the combatant 
commands have been filled successively by officers of more 
than one of the Armed Forces since the enactment of the 
Goldwater-Nichols Department of Defense Reorganization Act 
of 1986. 
(4) However, general officers of the Air Force with only 
limited experience in the transportation services have usually 
filled the position of commander of the United States Transpor-
tation Command. 
(5) The United States Transportation Command could ben-
efit from the appointment of future commanders selected from 
the Army, Navy and Marine Corps, in addition to the Air 
Force. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense, when considering officers for recommenda-
tion to the President for appointment as commander of the United 
States Transportation Command, should not rely upon officers of 
one service which has traditionally provided officers to fill that 
position but should select for such recommendation the best quali-
fied officer of the Army, Navy, Air Force, or Marine Corps. 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Increase in basic pay for fiscal year 2002. 
Sec. 602. Basic pay rate for certain reserve commissioned officers with prior service 
as an enlisted member or warrant officer. 
Sec. 603. Reserve component compensation for distributed learning activities per-
formed as inactive-duty training. 
Sec. 604. Subsistence allowances. 
Sec. 605. Eligibility for temporary housing allowance while in travel or leave status 
between permanent duty stations. 
Sec. 606. Uniform allowance for officers. 
Sec. 607. Family separation allowance for members electing unaccompanied tour by 
reason of health limitations of dependents. 
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 nurse 
officer candidates, registered nurses, and nurse anesthetists. 
Sec. 613. One-year extension ofspecial pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of other bonus and special pay authorities. 
Sec. 615. Hazardous duty pay for members of maritime visit, board, search, and 
seizure teams. 
Sec. 616. Eligibility for certain career continuation bonuses for early commitment 
to remain on active duty. 
Sec. 617. Secretarial discretion in prescribing submarine duty incentive pay rates. 
Sec. 618. Conforming accession bonus for dental officers authority with authorities 
for other special pay and bonuses. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1129 
Sec. 619. Modification of eligibility requirements for Individual Ready Reserve 
bonus for reenlistment, enlistment, or extension of enlistment. 
Sec. 620. Installment payment authority for 15-year career status bonus. 
Sec. 621. Accession bonus for new officers in critical skills. 
Sec. 622. Education savings plan to encourage reenlistments and extensions of 
service in critical specialties. 
Sec. 623. Continuation of payment of special and incentive pay at unreduced rates 
during stop loss periods. 
Sec. 624. Retroactive authorization for imminent danger pay for service in connec-
tion with Operation Enduring Freedom. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Minimum per diem rate for travel and transportation allowance for travel 
performed upon a change of permanent station and certain other travel. 
Sec. 632. Eligibility for payment of subsistence expenses associated with occupancy 
of temporary lodging incident to reporting to first permanent duty sta-
tion. 
Sec. 633. Reimbursement of members for mandatory pet quarantine fees for house-
hold pets. 
Sec. 634. Increased weight allowance for transportation of baggage and household 
effects for junior enlisted members. 
Sec. 635. Eligibility of additional members for dislocation allowance. 
Sec. 636. Partial dislocation allowance authorized for housing moves ordered for 
Government convenience. 
Sec. 637. Allowances for travel performed in connection with members taking au-
thorized leave between consecutive overseas tours. 
Sec. 638. Travel and transportation allowances for family members to attend burial 
of a deceased member of the uniformed services. 
Sec. 639. Funded student travel for foreign study under an education program ap-
proved by a United States school. 
Subtitle D—Retirement and Survivor Benefit Matters 
Sec. 641. Contingent authority for concurrent receipt of military retired pay and 
veterans' disability compensation and enhancement of special compensa-
tion authority. 
Sec. 642. Survivor Benefit Plan annuities for surviving spouses of members who die 
while on active duty and not eligible for retirement. 
Subtitle E—Other Matters 
Sec. 651. Pa3anent for unused leave in excess of 60 days accrued by members of re-
serve components on active duty for one year or less. 
Sec. 652. Additional authority to provide assistance for families of members of the 
Armed Forces. 
Sec. 653. Authorization of transitional compensation and commissary and exchange 
benefits for dependents of commissioned officers of the Public Health 
Service and the National Oceanic and Atmospheric Administration who 
are separated for dependent abuse. 
Sec. 654. Transfer of entitlement to educational assistance under Montgomery GI 
Bill by members of the Armed Forces with critical military skills. 
Subtitle A—Pay and Allowances 
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002. 
31 USC 1009 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment °°*^" 
to become effective during fiscal year 2002 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. 
115 STAT. 1130 
PUBLIC LAW 107-107—DEC. 28, 2001 
Effective date. 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2002, 
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.... 
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 
$0.00 
0.00 
7,180.20 
5,966.40 
4,422.00 
3,537.00 
3,023.70 
2,796.60 
2,416.20 
2,097.60 
Over 8 
$0.00 
0.00 
8,135.10 
6,840.30 
5,418.90 
4,673.10 
4,395.90 
4,070.10 
3,344.10 
2,638.50 
Over 18 
$0.00 
0.00 
9,259.50 
8,694.90 
6,627.00 
5,919.00 
5,310.60 
4,549.50 
3,344.10 
2,638.50 
Over 2 
$0.00 
0.00 
7,415.40 
6,371.70 
4,857.90 
4,152.60 
3,681.90 
3,170.40 
2,751.90 
2,183.10 
Over 10 
$0.00 
0.00 
8,210.70 
7,051.20 
5,448.60 
4,813.50 
4,696.20 
4,232.40 
3,344.10 
2,638.50 
Over 20 
$11,601.90 
10,147.50 
9,614.70 
8,694.90 
6,948.30 
6,079.80 
5,310.60 
4,549.50 
3,344.10 
2,638.50 
Over 3 
$0.00 
0.00 
7,571.10 
6,371.70 
5,176.80 
4,440.30 
3,927.60 
3,421.80 
3,169.50 
2,638.50 
Over 12 
$0.00 
0.00 
8,519.70 
7,261.80 
5,448.60 
5,073.30 
4,930.20 
4,441.20 
3,344.10 
2,638.50 
Over 22 
$11,659.20 
10,293.60 
9,852.00 
8,694.90 
7,131.00 
6,262.80 
5,310.60 
4,549.50 
3,344.10 
2,638.50 
Over 4 
$0.00 
0.00 
7,614.90 
6,418.20 
5,176.80 
4,494.30 
3,982.50 
3,698.70 
3,276.30 
2,638.50 
Over 14 
$0.00 
0.00 
8,608.50 
7,472.70 
5,628.60 
5,413.50 
5,092.50 
4,549.50 
3,344.10 
2,638.50 
Over 24 
$11,901.30 
10,504.80 
9,852.00 
8,694.90 
7,316.10 
6,262.80 
5,310.60 
4,549.50 
3,344.10 
2,638.50 
Over 6 
$0.00 
0.00 
7,809.30 
6,657.90 
5,196.60 
4,673.10 
4,210.50 
3,875.70 
3,344.10 
2,638.50 
Over 16 
$0.00 
0.00 
8,874.30 
8,135.10 
6,305.70 
5,755.80 
5,255.70 
4,549.50 
3,344.10 
2,638.50 
Over 26 
$12,324.00 
10,873.80 
9,852.00 
8,738.70 
7,675.20 
6,262.80 
5,310.60 
4,549.50 
3,344.10 
2,638.50 
1 Notwithstanding the beisic 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, while serving as Chairman or Vice Chairman of the Joint 
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air 
Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, the rate of 
basic pay for this grade is $13,598.10, regardless of cumulative years of service computed 
under section 205 of title 37, United States Code. 
'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 warrstnt offi-
cer. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1131 
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 - 3 E 
0 - 2 E 
0 - l E 
0 - 3 E 
0 - 2 E 
0 - l E 
0 - 3 E 
0 - 2 E 
0 - l E 
2 or less 
$0.00 
0.00 
0.00 
O v e r s 
$4,070.10 
3,450.30 
2,922.30 
Over 18 
$4,855.20 
3,872.40 
3,276.30 
Over 2 
$0.00 
0.00 
0.00 
Over 10 
$4,232.40 
3,630.00 
3,028.50 
Over 20 
$4,855.20 
3,872.40 
3,276.30 
Overs 
$0.00 
0.00 
0.00 
Over 12 
$4,441.20 
3,768.90 
3,133.20 
Over 22 
$4,855.20 
3,872.40 
3,276.30 
Over 4 
$3,698.70 
3,276.30 
2,638.50 
Over 14 
$4,617.00 
3,872.40 
3,276.30 
Over 24 
$4,855.20 
3,872.40 
3,276.30 
Over 6 
$3,875.70 
3,344.10 
2,818.20 
Over 16 
$4,717.50 
3,872.40 
3,276.30 
Over 26 
$4,855.20 
3,872.40 
3,276.30 
WARRANT OFFICERS i 
Ye£irs 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 
2,889.60 
2,638.80 
2,321.40 
2,049.90 
Over 8 
$0.00 
3,586.50 
3,152.40 
2,875.20 
2,624.70 
Over 18 
$0.00 
4,334.40 
3,828.60 
3,438.90 
3,189.90 
Over 2 
$0.00 
3,108.60 
2,862.00 
2,454.00 
2,217.60 
Over 10 
$0.00 
3,737.70 
3,330.90 
2,984.40 
2,737.80 
Over 20 
$4,965.60 
4,480.80 
3,963.60 
3,559.80 
3,275.10 
Over 3 
$0.00 
3,198.00 
2,862.00 
2,569.80 
2,330.10 
Over 12 
$0.00 
3,885.30 
3,439.50 
3,093.90 
2,850.00 
Over 22 
$5,136.00 
4,632.60 
4,098.30 
3,680.10 
3,275.10 
Over 4 
$0.00 
3,285.90 
2,898.90 
2,654.10 
2,402.70 
Over 14 
$0.00 
4,038.00 
3,558.30 
3,200.40 
2,963.70 
Over 24 
$5,307.00 
4,782.00 
4,233.30 
3,801.30 
3,275.10 
Over 6 
$0.00 
3,437.10 
3,017.40 
2,726.40 
2,511.90 
Over 16 
$0.00 
4,184.40 
3,693.90 
3,318.00 
3,077.10 
Over 26 
$5,478.60 
4,935.30 
4,368.90 
3,801.30 
3,275.10 
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 
warrant officers may not exceed the rate of pay for level V of tiie Executive Schedule. 
115 STAT. 1132 
PUBLIC LAW 107-107—DEC. 28, 2001 
ENLISTED MEMBERS i 
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 .... 
E - 9 2 .. 
E-8 .... 
E-7 .... 
E-6 .... 
E-5 .... 
E-4 .... 
E-3 .... 
E-2 .... 
E-1 .... 
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 
1,986.90 
1,701.00 
1,561.50 
1,443.60 
1,303.50 
1,239.30 
3 1,105.50 
Over 8 
$0.00 
2,858.10 
2,562.90 
2,254.50 
2,030.10 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 18 
$3,830.40 
3,314.70 
2,975.10 
2,602.80 
2,193.30 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 2 
$0.00 
0.00 
2,169.00 
1,870.80 
1,665.30 
1,517.70 
1,385.40 
1,239.30 
1,105.50 
Over 10 
$3,423.90 
2,940.60 
2,645.10 
2,337.30 
2,110.20 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 20 
$3,944.10 
3,420.30 
3,057.30 
2,602.80 
2,193.30 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Overs 
$0.00 
0.00 
2,251.50 
1,953.60 
1,745.70 
1,599.60 
1,468.50 
1,239.30 
1,105.50 
Over 12 
$3,501.30 
3,017.70 
2,726.40 
2,417.40 
2,193.30 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 22 
$4,098.30 
3,573.00 
3,200.40 
2,602.80 
2,193.30 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 4 
$0.00 
0.00 
2,332.50 
2,033.70 
1,828.50 
1,680.30 
1,468.50 
1,239.30 
1,105.50 
Over 14 
$3,599.40 
3,110.10 
2,808.00 
2,499.30 
2,193.30 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 24 
$4,251.30 
3,724.80 
3,292.80 
2,602.80 
2,193.30 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 6 
$0.00 
0.00 
2,417.40 
2,117.40 
1,912.80 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 16 
$3,714.60 
3,210.30 
2,892.60 
2,558.10 
2,193.30 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
Over 26 
$4,467.00 
3,937.80 
3,526.80 
2,602.80 
2,193.30 
1,752.30 
1,468.50 
1,239.30 
1,105.50 
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, while serving as Sergeeint 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 uie Coast Guard, basic pay for this grade is 
$5,382.90, 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 $1,022.70. 
SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED 
OFFICERS WITH PRIOR SERVICE AS AN ENLISTED MEMBER 
OR WARRANT OFFICER. 
(a) SERVICE CREDIT.—Section 203(d) of title 37, United States 
Code, is amended— 
(1) by inserting "(1)" after "(d)"; 
(2) by striking "active service as a warrant officer or as 
a warrant officer and an enlisted member" and inserting 
"service described in paragraph (2)"; and 
(3) by adding at the end the following new paragraph: 
"(2) Service to be taken into account for purposes of computing 
basic pay under paragraph (1) is as follows: 
"(A) Active service as a warrant officer or as a warrant 
officer and an enlisted member, in the case of— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1133 
"(i) a commissioned officer on active duty who is paid 
from funds appropriated for active-duty personnel; or 
"(ii) a commissioned officer on active Guard and 
Reserve duty. 
"(B) In the case of a commissioned officer (not referred 
to in subparagraph (A)(ii)) who is paid from funds appropriated 
for reserve personnel, service as a warrant officer, or as a 
warrant officer and enlisted member, for which at least 1,460 
points have been credited to the officer for the purposes of 
section 12732(a)(2) of title 10.". 
(b) APPLICATION OF AMENDMENTS.—^The amendments made by 
37 use 203 note, 
subsection (a) shall apply with respect to months beginning on 
or after the date of the enactment of this Act. 
SEC. 603. RESERVE COMPONENT COMPENSATION FOR DISTRIBUTED 
LEARNING ACTIVITIES PERFORMED AS INACTIVE-DUTY 
TRAINING. 
(a) COMPENSATION AUTHORIZED.—Section 206(d) of title 37, 
United States Code, is amended— 
(1) by striking 'This section" and inserting "(1) Except 
as provided in paragraph (2), this section"; 
(2) by striking "an armed force" and inserting "a uniformed 
service"; and 
(3) by adding at the end the following new paragraph: 
"(2) A member of the Selected Reserve of the Ready Reserve 
may be paid compensation under this section at a rate and under 
terms determined by the Secretary of Defense, but not to exceed 
the rate otherwise applicable to the member under subsection (a), 
upon the member's successful completion of a course of instruction 
undertaken by the member using electronic-based 
distributed 
learning methodologies to accomplish training requirements related 
to unit readiness or mobilization, as directed for the member by 
the Secretary concerned. The compensation may be paid regardless 
of whether the course of instruction was under the direct control 
of the Secretary concerned or included the presence of an 
instructor.". 
(b) DEFINITION OF INACTIVE-DUTY TRAINING.—Section 101(22) 
of such title is amended by inserting after "but" the following: 
"(except as provided in section 206(d)(2) of this title)". 
SEC. 604. SUBSISTENCE ALLOWANCES. 
(a) 
BASELINE AMOUNT FOR CALCULATING ALLOWANCE FOR 
ENLISTED MEMBERS.—Section 402(b) of title 37, United States Code, 
is amended by adding at the end the following new paragraph: 
"(4) For purposes of implementing paragraph (2), the monthly 
rate of basic allowance for subsistence that was in effect for an 
enlisted member for calendar year 2001 is deemed to be $233.". 
(b) RATE FOR ENLISTED MEMBERS WHEN MESSING FACILITIES 
37 use 402 note. 
NOT AVAILABLE.—(1) Notwithstanding section 402 of title 37, United 
States Code, the Secretary of Defense, and the Secretary of 
Transportation with respect to the Coast Guard when it is not 
operating as a service in the Navy, may prescribe a rate of basic 
allowance for subsistence to apply to enlisted members of the uni-
formed services when messing facilities of the United States are 
not available. The rate may be higher than the rate of basic allow-
ance for subsistence that would otherwise be applicable to the 
members under that section, but may not be higher than the 
highest rate that was in effect for enlisted members of the uniformed 
115 STAT. 1134 
PUBLIC LAW 107-107—DEC. 28, 2001 
services under those circumstances before the date of the enactment 
of this Act. 
Termination 
(2) Paragraph (1) shall cease to be effective on the first day 
date. 
of the first month for which the basic allowance for subsistence 
calculated for enlisted members of the uniformed services under 
section 402 of title 37, United States Code, exceeds the rate of 
the basic allowance for subsistence prescribed under paragraph 
(1). 
37 use 402 note. 
(c) CONTINUATION OF BAS TRANSITIONAL AUTHORITY.—Notwith-
standing the repeal of subsections (c) through (f) of section 602 
of the National Defense Authorization Act for Fiscal Year 1998 
(Pubhc Law 105-85; 37 U.S.C. 402 note) by section 603(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-145), the basic allowance for subsistence shall be paid in 
accordance with such subsections for October, November, and 
December of 2001. 
(d) ELIGIBILITY FOR SUPPLEMENTAL SUBSISTENCE ALLOWANCE.— 
Section 402a(b)(l) of title 37, United States Code, is amended 
by inserting "with dependents" after "a member of the armed 
forces". 
SEC. 605. ELIGIBILITY FOR TEMPORARY HOUSING ALLOWANCE 
WHILE IN TRAVEL OR LEAVE STATUS BETWEEN PERMA-
NENT DUTY STATIONS. 
(a) REPEAL OF PAY GRADE LIMITATION.—Section 403(i) of title 
37, United States Code, is amended by striking "who is in a pay 
grade E-4 (4 or more years of service) or above". 
37 use 403 note. 
(b) EFFECTIVE DATE; APPLICATION.—^The amendment made by 
this section shall take effect on January 1, 2003, and apply to 
members of the uniformed services in a travel or leave status 
between permanent duty stations on or after that date. 
SEC. 606. UNIFORM ALLOWANCE FOR OFFICERS. 
(a) 
RELATION 
TO 
INITIAL 
UNIFORM 
ALLOWANCE.—Section 
416(b)(1) of title 37, United States Code, is amended by striking 
"$200" and inserting "$400". 
37 use 416 note. 
(b) EFFECTIVE DATE.—^The amendment made by this section 
shall take effect as of October 1, 2000. 
SEC. 607. FAMILY 
SEPARATION 
ALLOWANCE 
FOR 
MEMBERS 
ELECTING UNACCOMPANIED TOUR BY REASON OF 
HEALTH LIMITATIONS OF DEPENDENTS. 
(a) ENTITLEMENT TO ALLOWANCE.—Section 427(c) of title 37, 
United States Code, is amended— 
(1) by striking "A member" in the first sentence and 
inserting "(1) Except as provided in paragraph (2) or (3), a 
member"; 
(2) in the second sentence, by striking "The Secretary con-
cerned may waive the preceding sentence" and inserting the 
following: 
"(3) The Secretary concerned may waive paragraph (1)"; and 
(3) by inserting after the first sentence the following new 
paragraph: 
"(2) The prohibition in the first sentence of paragraph (1) does 
not apply to a member who elects to serve an unaccompanied 
tour of duty because a dependent cannot accompany the member 
to or at that permanent station for certified medical reasons.". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1135 
(b) APPLICATION OF AMENDMENT.—Paragraph (2) of section 
37 use 427 note. 
427(c) of title 37, United States Code, as added by subsection 
(a)(3), shall apply with respect to pay periods beginning on or 
after January 1, 2002, for a member of the uniformed services 
covered by such paragraph regardless of the date on which the 
member first made the election to serve an unaccompanied tour 
of duty. 
Subtitle B—Bonuses and Special and 
Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY 
SHORT WARTIME SPECIALTIES.—Section 302g(f) of title 37, United 
States Code, is amended by striking "December 31, 2001" and 
inserting "December 31, 2002". 
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f) 
of such title is amended by striking "December 31, 2001" and 
inserting "December 31, 2002". 
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) 
of such title is amended by striking "December 31, 2001" and 
inserting "December 31, 2002". 
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN 
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended 
by striking "December 31, 2001" and inserting "December 31, 2002". 
(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e) 
of such title is amended by striking "December 31, 2001" and 
inserting "December 31, 2002". 
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— 
Section 308h(g) of such title is amended by striking "December 
31, 2001" and inserting "December 31, 2002". 
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f) of such 
title is amended by striking "December 31, 2001" and inserting 
"December 31, 2002". 
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 
16302(d) of title 10, United States Code, is amended by striking 
"January 1, 2002" and inserting "January 1, 2003". 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, 
REGISTERED NURSES, AND NURSE ANESTHETISTS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(l) of title 10, United States Code, is amended by striking 
"December 31, 2001" and inserting "December 31, 2002". 
(b) ACCESSION BONUS FOR REGISTERED NURSES.—Section 
302d(a)(l) of title 37, United States Code, is amended by striking 
"December 31, 2001" and inserting "December 31, 2002". 
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(l) of title 37, United States Code, is amended by striking 
"December 31, 2001" and inserting "December 31, 2002". 
115 STAT. 1136 
PUBLIC LAW 107-107—DEC. 28, 2001 
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 such title is amended 
by striking "December 31, 2001" and inserting "December 31, 2002". 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 
such title is amended by striking "December 31, 2001" and inserting 
"December 31, 2002". 
(c) 
NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section 
312c(d) of such title is amended by striking "December 31, 2001" 
and inserting "December 31, 2002". 
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, 2001" and inserting "December 31, 2002". 
(b) 
REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 
308(g) of such title is amended by striking "December 31, 2001" 
and inserting "December 31, 2002". 
(c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e) 
of such title is amended by striking "December 31, 2001" and 
inserting "December 31, 2002". 
(d) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY 
SKILLS.—Section 323(i) of such title is amended by striking 
"December 31, 2001" and inserting "December 31, 2002". 
SEC. 615. HAZARDOUS DUTY PAY FOR MEMBERS OF MARITIME VISIT, 
BOARD, SEARCH, AND SEIZURE TEAMS. 
(a) ADDITIONAL TYPE OF DUTY ELIGIBLE FOR PAY.—Section 
301(a) of title 37, United States Code, is amended— 
(1) in paragraph (10), by striking "or" at the end; 
(2) by redesignating paragraph (11) as paragraph (12); 
and 
(3) by inserting after paragraph (10) the following new 
paragraph: 
"(11) involving regular participation as a member of a 
team conducting visit, board, search, and seizure operations 
aboard vessels in support of maritime interdiction operations; 
or . 
(b) MONTHLY AMOUNT.—Subsection (c) of such section is 
amended— 
(1) in paragraph (1), by striking "(10)" and inserting "(11)"; 
and 
(2) in paragraph (2)(A), by striking "(11)" and inserting 
"(12)". 
37 use 301 note. 
(c) APPLICATION OF AMENDMENT.—Paragraph (11) of Section 
301(a) of title 37, United States Code, as added by subsection 
(a)(3), shall apply to duty described in such paragraph that is 
performed on or after January 1, 2002. 
SEC. 616. ELIGIBILITY 
FOR CERTAIN 
CAREER 
CONTINUATION 
BONUSES FOR EARLY COMMITMENT TO REMAIN ON 
ACTIVE DUTY. 
(a) AVIATION OFFICERS.—Section 301b(b)(4) of title 37, United 
States Code, is amended by inserting before the period at the 
end the following: "or is within one year of completing such commit-
ment". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1137 
(b) SURFACE WARFARE OFFICERS.—Section 319(a)(3) of such 
title is amended by inserting before the period at the end the 
following: "or is within one year of completing such commitment". 
SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING 
SUBMARINE 
DUTY INCENTIVE PAY RATES. 
(a) AUTHORITY OF SECRETARY OF THE NAVY; MAXIMUM RATE.— 
Subsection (b) of section 301c of title 37, United States Code, 
is amended to read as follows: 
"(b) MONTHLY RATES.—^The Secretary of the Navy shall pre-
scribe the monthly rates of submarine duty incentive pay, except 
that the maximum monthly rate may not exceed $1,000.". 
(b) CONFORMING AND CLERICAL AMENDMENTS.—Such section 
is further amended— 
(1) in subsection (a)— 
(A) by inserting "ELIGIBILITY REQUIREMENTS.—" after 
"(a)"; and 
(B) by striking "set forth in" each place it appears 
and inserting "prescribed pursuant to"; 
(2) in subsection (c), by inserting "EXCEPTIONS.—" after 
"(c)"; and 
(3) in subsection (d)— 
(A) by inserting "APPLICABILITY TO CERTAIN NAVAL 
RESERVE DUTY.—" after "(d)"; and 
(B) by striking "authorized by" and inserting "pre-
scribed pursuant to". 
(c) TRANSITION.—^The tables set forth in subsection (b) of section Applicability. 
301c of title 37, United States Code, as in effect on the day before 37USC30lc 
the date of the enactment of this Act, shall continue to apply °°*®-
until the later of the following: 
(1) January 1,2002. 
(2) The date on which the Secretary of the Navy prescribes 
new submarine duty incentive pay rates as authorized by the 
amendment made by subsection (a). 
SEC. 618. C O N F O R M I N G ACCESSION BONUS FOR DENTAL OFFICERS 
AUTHORITY WITH AUTHORITIES FOR OTHER SPECIAL PAY 
AND BONUSES. 
Section 302h(a)(l) of title 37, United States Code, is amended 
by striking "the date of the enactment of this section, and ending 
on September 30, 2002" and inserting "September 23, 1996, and 
ending on December 31, 2002". 
SEC. 619. MODIFICATION OF ELIGIBIUTY REQUIREMENTS FOR INDI-
VIDUAL READY RESERVE BONUS FOR 
REENLISTMENT, 
ENLISTMENT, O R EXTENSION OF ENLISTMENT. 
(a) ELIGIBILITY BASED ON QUALIFICATIONS IN CRITICALLY SHORT 
WARTIME SKILLS OR SPECIALTIES.—Subsection (a) of section 308h 
of title 37, United States Code, is amended to read as follows: 
"(a) AUTHORITY AND ELIGIBILITY REQUIREMENTS.—(1) The Sec-
retary concerned may pay a bonus as provided in subsection (b) 
to an eligible person who reenlists, enlists, or voluntarily extends 
an enlistment in a reserve component of an armed force for assign-
ment to an element (other than the Selected Reserve) of the Ready 
Reserve of that armed force if the reenlistment, enlistment, or 
extension is for a period of three years, or for a period of six 
years, beyond any other period the person is obligated to serve. 
115 STAT. 1138 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
37 use 308h 
note. 
37 use 308h 
note. 
"(2) A person is eligible for a bonus under this section if the 
person— 
"(A) is or has been a member of an armed force; 
"(B) is qualified in a skill or specialty designated by the 
Secretary concerned as a critically short wartime skill or criti-
cally short wartime specialty; and 
"(C) has not failed to complete satisfactorily any original 
term of enlistment in the armed forces. 
"(3) For the purposes of this section, the Secretary concerned 
may designate a skill or specialty as a critically short wartime 
skill or critically short wartime specialty for an armed force under 
the jurisdiction of the Secretary if the Secretary determines that— 
"(A) the skill or specialty is critical to meet wartime 
requirements of the armed force; and 
"(B) there is a critical shortage of personnel in that armed 
force who are qualified in that skill or specialty.". 
(b) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (b), by inserting "BONUS AMOUNTS; PAY-
MENT.—" after "(b)"; 
(2) in subsection 
(c), by inserting 
"REPAYMENT 
OF 
BONUS.—" after "(c)"; 
(3) in subsection 
(d), by inserting 
"TREATMENT 
OF 
REIMBURSEMENT OBLIGATION.—" after "(d)"; 
(4) in subsection (e), by inserting "EFFECT OF BANK-
RUPTCY.—" after "(e)"; 
(5) in subsection (f), by inserting "REGULATIONS.—" after 
"(f)"; and 
(6) in subsection (g), by inserting 
'TERMINATION 
OF 
AUTHORITY.—" after "(g)". 
(c) REGULATIONS.—Not later than 180 days after the date of 
the enactment of this Act, the Secretaries of the military depart-
ments shall prescribe such regulations as may be necessary for 
administering subsection (a) of section 308h of title 37, United 
States Code, as amended by this section. 
(d) APPLICATION OF AMENDMENT.—Subsection (a) of section 
308h of title 37, United States Code, as amended by this section, 
shall apply with respect to reserve component reenlistments, enlist-
ments, and extensions of enlistments that are executed on or after 
the first day of the first month that begins more than 180 days 
after the date of the enactment of this Act. Subsection (a) of such 
section 308h, as in effect on the day before the date of the enactment 
of this Act, shall continue to apply with respect to reserve compo-
nent reenlistments, enlistments, and extensions of enlistments that 
are executed before the first day of that first month. 
SEC. 620. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR CAREER 
STATUS BONUS. 
(a) MEMBER ELECTION.—Section 322(d) of title 37, United 
States Code, is amended— 
(1) in paragraph (1), by striking "paid in a single lump 
sum of" and inserting "equal to"; 
(2) by redesignating paragraph (2) as paragraph (4), and 
in such paragraph, by striking "The bonus" and inserting "The 
lump sum payment of the bonus, and the first installment 
payment in the case of members who elect to receive the bonus 
in installments,"; and 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1139 
(3) by inserting after paragraph (1) the following new para-
graphs: 
"(2) A member electing to receive the bonus under this section 
shall elect one of the following payment options: 
"(A) A single lump sum of $30,000. 
"(B) Two installments of $15,000 each. 
"(C) Three installments of $ 10,000 each. 
"(D) Four installments of $7,500 each. 
"(E) Five installments of $6,000 each. 
"(3) If a member elects installment payments under paragraph 
(2), the second installment (and subsequent installments, as 
applicable) shall be paid on the earlier of the following dates: 
"(A) The annual anniversary date of the payment of the 
first installment. 
"(B) January 15 of each succeeding calendar year.". 
(b) APPLICATION TO EXISTING AGREEMENTS.—^The Secretary con- 37 use 322 note. 
cerned (as defined in section 101(5) of title 37, United States Code) 
shall extend to each member of the uniformed services who has 
executed the written agreement required by subsection (a)(2) of 
section 322 of such title before the date of the enactment of this 
Act, but who has not received the lump sum payment by that 
date, an opportunity to make the election authorized by subsection 
(d) of such section, as amended by this section. 
SEC. 621. ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS. 
(a) BONUS AUTHORIZED.—Chapter 5 of title 37, United States 
Code, is amended by adding at the end the following new section: 
"§ 324. Special pay: accession bonus for new officers in crit-
ical skills 
"(a) ACCESSION BONUS AUTHORIZED.—Under regulations pre- Regulations, 
scribed by the Secretary concerned, a person who executes a written 
agreement to accept a commission as an officer of the armed forces 
and serve on active duty in a designated critical officer skill for 
the period specified in the agreement may, upon acceptance of 
the agreement by the Secretary concerned, be paid an accession 
bonus in an amount determined by the Secretary concerned. 
"(b) DESIGNATION OF CRITICAL OFFICER SKILLS.—(1) The Sec-
retary concerned shall designate the critical officer skills for the 
purposes of this section. A skill may be designated as a critical 
officer skill for an armed force under this subsection if— 
"(1) in order to meet requirements of the armed force, 
it is critical for the armed force to have a sufficient number 
of officers who are qualified in that skill; and 
"(2) in order to mitigate a current or projected significant 
shortage of personnel in the armed force who are qualified 
in that skill, it is critical to access into that armed force 
in sufficient numbers persons who are qualified in that skill 
or are to be trained in that skill. 
"(c) LIMITATION ON AMOUNT OF BONUS.—The amount of an 
accession bonus under subsection (a) may not exceed $60,000. 
"(d) PAYMENT METHOD.—^Upon acceptance of a written agree-
ment under subsection (a) by the Secretary concerned, the total 
amount of the accession bonus payable under the agreement 
becomes fixed. The agreement shall specify whether the accession 
bonus will be paid by the Secretary in a lump sum or installments. 
115 STAT. 1140 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(e) RELATION TO OTHER ACCESSION BONUS AUTHORITY.^AII 
individual may not receive an accession bonus under this section 
and section 302d, 302h, 302j, or 312b of this title for the same 
period of service. 
"(f) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE 
OBLIGATED SERVICE.—(1) An individual who, after having received 
all or part of the accession bonus under an agreement referred 
to in subsection (a), fails to accept a commission as an officer 
or to commence or complete the total period of active duty service 
specified in the agreement shall repay to the United States the 
amount that bears the same ratio to the total amount of the 
bonus authorized for such person as the unserved part of the 
period of agreed active duty service bears to the total period of 
the agreed active duty service. However, the amount required to 
be repaid by the individual may not exceed the amount of the 
accession bonus that was paid to the individual. 
"(2) Subject to paragraph (3), an obligation to repay the United 
States imposed under paragraph (1) is for all purposes a debt 
owed to the United States. A discharge in bankruptcy under title 
11 that is entered less than five years after the termination of 
an agreement entered into under subsection (a) does not discharge 
the individual signing the agreement from a debt arising under 
such agreement or under paragraph (1). 
"(3) The Secretary concerned may waive, in whole or in part, 
the repayment requirement under paragraph (1) on a case-by-case 
basis if the Secretary concerned determines that repayment would 
be against equity and good conscience or would be contrary to 
the best interests of the United States. 
"(g) TERMINATION OF AUTHORITY.—No agreement under this 
section may be entered into after December 31, 2002.". 
(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: 
"324. Special pay: accession bonus for new officers in critical skills.". 
SEC. 622. EDUCATION SAVINGS PLAN TO ENCOURAGE REENLIST-
MENTS AND EXTENSIONS OF SERVICE IN CRITICAL 
SPECIALTIES. 
(a) ESTABLISHMENT OF SAVINGS PLAN.—(1) Chapter 5 of title 
37, United States Code, is amended by inserting after section 324, 
as added by section 621, the following new section: 
'*§ 325. Incentive bonus: savings plan for education expenses 
and other contingencies 
"(a) BENEFIT AND ELIGIBILITY.—^The Secretary concerned may 
purchase United States savings bonds under this section for a 
member of the armed forces who is eligible as follows: 
"(1) A member who, before completing three years of service 
on active duty, enters into a commitment to perform qualifying 
service. 
"(2) A member who, after completing three years of service 
on active duty, but not more than nine years of service on 
active duty, enters into a commitment to perform qualifying 
service. 
"(3) A member who, after completing nine years of service 
on active duty, enters into a commitment to perform qualifying 
service. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1141 
"(b) QUALIFYING SERVICE.—^For the purposes of this section, 
quahfying service is service on active duty in a specialty designated 
by the Secretary concerned as critical to meet requirements 
(whether or not such specialty is designated as critical to meet 
wartime or peacetime requirements) for a period that— 
"(1) is not less than six years; and 
"(2) does not include any part of a period for which the 
member is obligated to serve on active duty under an enlistment 
or other agreement for which a benefit has previously been 
paid under this section. 
"(c) FORMS OF COMMITMENT TO ADDITIONAL SERVICE.—^For the 
purposes of this section, a commitment means— 
"(1) in the case of an enlisted member, a reenlistment; 
and 
"(2) in the case of a commissioned officer, an agreement 
entered into with the Secretary concerned. 
"(d) AMOUNTS OF BONDS.—^The total of the face amounts of 
the United States savings bonds authorized to be purchased for 
a member under this section for a commitment shall be as follows: 
"(1) In the case of a purchase for a member under para-
graph (1) of subsection (a), $5,000. 
"(2) In the case of a purchase for a member under para-
graph (2) of subsection (a), the amount equal to the excess 
of $15,000 over the total of the face amounts of any United 
States savings bonds previously purchased for the member 
under this section. 
"(3) In the case of a purchase for a member under para-
graph (3) of subsection (a), the amount equal to the excess 
of $30,000 over the total of the face amounts of any United 
States savings bonds previously purchased for the member 
under this section. 
"(e) TOTAL AMOUNT OF BENEFIT.—^The total amount of the 
benefit authorized for a member when United States savings bonds 
are purchased for the member under this section by reason of 
a commitment by that member shall be the sum of— 
"(1) the purchase price of the United States savings bonds; 
and 
"(2) the amounts that would be deducted and withheld 
for the payment of individual income taxes if the total amount 
computed under this subsection for that commitment were paid 
to the member as a bonus. 
"(f) AMOUNT WITHHELD FOR TAXES.—^The total amount payable 
for a member under subsection (e)(2) for a commitment by that 
member shall be withheld, credited, and otherwise treated in the 
same manner as amounts deducted and withheld from the basic 
pay of the member. 
"(g) 
REPAYMENT 
FOR FAILURE 
TO COMPLETE 
OBLIGATED 
SERVICE.—(1) If a person fails to complete the qualifying service 
for which the person is obligated under a commitment for which 
a benefit has been paid under this section, the person shall refund 
to the United States the amount that bears the same ratio to 
the total amount paid for the person (as computed under subsection 
(e)) for that particular commitment as the uncompleted part of 
the period of qualifying service bears to the total period of the 
qualifying service for which obligated. 
115 STAT. 1142 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(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 refund required under paragraph (1) if the Secretary concerned 
determines that recovery would be against equity and good con-
science or would be contrary to the best interests of the United 
States. 
"(4) 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, or this subsection. 
"(h) 
RELATIONSHIP TO OTHER 
SPECIAL PAYS.—^The benefit 
authorized under this section is in addition to any other bonus 
or incentive or special pay that is paid or payable to a member 
under any other provision of this chapter for any portion of the 
same qualifying service. 
"(i) REGULATIONS.—^This section shall be administered under 
regulations prescribed by the Secretary of Defense for the armed 
forces under his jurisdiction and by the Secretary of Transportation 
for the Coast Guard when the Coast Guard is not operating as 
a service in the Navy.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 324, 
as added by section 621(b), the following new item: 
"325. Incentive bonus: savings plan for education expenses and other contin-
gencies.". 
37 use 325 note. 
(b) APPLICATION OF AMENDMENT.—Section 325 of title 37, 
United States Code, as added by subsection (a), shall apply with 
respect to reenlistments and other agreements for qualifying service, 
as described in that section, that are entered into on or after 
October 1, 2001. 
(c) FUNDING FOR FISCAL YEAR 2002.—Of the amount authorized 
to be appropriated to the Department of Defense for military per-
sonnel for fiscal year 2002 by section 421, $20,000,000 may be 
available in that fiscal year for the purchase of United States 
savings bonds under section 325 of title 37, United States Code, 
as added by subsection (a). 
SEC. 623. CONTINUATION OF PAYMENT OF SPECIAL AND INCENTIVE 
PAY AT UNREDUCED RATES DURING STOP LOSS PERIODS. 
(a) AUTHORITY TO CONTINUE.—(1) Chapter 17 of title 37, United 
States Code, is amended by adding at the end the following new 
section: 
^'§909. Special and incentive pay: payment at unreduced 
rates during suspension of personnel laws 
"(a) 
AUTHORITY 
TO 
CONTINUE 
PAYMENT 
AT 
UNREDUCED 
RATES.—^To ensure fairness and recognize the contributions of mem-
bers of the armed forces to military essential missions, the Secretary 
of the military department concerned may authorize members who 
are involuntarily retained on active duty under section 123 or 
12305 of title 10 or any other provision of law and who, immediately 
before retention on active duty, were entitled or eligible for special 
pay or incentive pay under chapter 5 of this title, to receive that 
special pay or incentive pay for qualifying service performed during 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1143 
the retention period, without a reduction in the payment rate below 
the rate the members received immediately before retention on 
active duty, notwithstanding any requirement otherwise applicable 
to that special pay or incentive pay that would reduce the payment 
rate by reason of the years of service of the members. 
"(b) SUSPENSION DURING TIME OF WAR.—Subsection (a) does 
not apply with respect to a special pay or incentive pay under 
chapter 5 of this title, whenever the authority to provide that 
special pay or incentive pay is suspended by the President or 
the Secretary of Defense during a time of war. 
"(c) QUALIFYING SERVICE DEFINED.—In this section, the term 
'qualifying service' means service for which a particular special 
pay or incentive pay is payable under the authority of a provision 
of chapter 5 of this title.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"909. Special and incentive pay: payment at unreduced rates during suspension of 
personnel laws.". 
(b) APPLICATION OF AMENDMENTS.—Section 909 of title 37, 37 use 909 note. 
United States Code, as added by subsection (a)(1), shall apply 
with respect to pay periods beginning after September 11, 2001. 
SEC. 624. RETROACTIVE AUTHORIZATION FOR IMMINENT DANGER 
37 USC 310 note. 
PAY FOR SERVICE IN CONNECTION WITH OPERATION 
ENDURING FREEDOM. 
(a) RETROACTIVE AUTHORIZATION.—^The Secretary of Defense 
may provide for the payment of imminent danger pay under section 
310 of title 37, United States Code, to members of the Armed 
Forces assigned to duty in the areas specified in subsection (b) 
in connection with the contingency operation known as Operation 
Enduring Freedom with respect to periods of duty served in those 
areas during the period beginning on September 19, 2001, and 
ending October 31, 2001. 
(b) SPECIFIED AREAS.—^The areas referred to in subsection (a) 
are the following: 
(1) The land areas of Kyrgyzstan, Oman, the United Arab 
Emirates, and Uzbekistan. 
(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, 
and the Arabian Sea (that portion north of 10° north latitude 
and west of 68° east longitude). 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 631. M I N I M U M PER DIEM RATE 
FOR TRAVEL 
AND TRANSPOR-
TATION A L L O W A N C E F O R TRAVEL 
PERFORMED UPON 
A 
CHANGE 
OF 
PERMANENT 
STATION 
AND 
CERTAIN 
OTHER 
TRAVEL. 
Section 404(d) of title 37, United States Code, is amended 
by adding at the end the following new paragraph: 
"(5) Effective January 1, 2003, the per diem rates established 
Effective date. 
under paragraph (2)(A) for travel performed in connection with 
a change of permanent station or for travel described in paragraph 
(2) or (3) of subsection (a) shall be equal to the standard per 
diem rates established in the Federal travel regulation for travel 
115 STAT. 1144 
PUBLIC LAW 107-107—DEC. 28, 2001 
within the continental United States of civiHan employees and 
their dependents, unless the Secretaries concerned determine that 
a higher rate for members is more appropriate.". 
SEC. 632, EUGIBILITY FOR PAYMENT OF SUBSISTENCE EXPENSES 
ASSOCIATED WITH OCCUPANCY OF TEMPORARY LODGING 
INCIDENT TO REPORTING TO FIRST PERMANENT DUTY 
STATION. 
(a) INCLUSION OF OFFICERS.—Subsection (a)(2)(C) of section 
404a of title 37, United States Code, is amended by striking "an 
enlisted member" and inserting "a member". 
(b) 
INCREASE IN MAXIMUM DAILY AUTHORIZED RATE.—Sub-
section (e) of such section is amended by striking "$110" and 
inserting "$180". 
37 use 404a 
(c) EFFECTIVE DATE; APPLICATION.—^The amendments made by 
iiote. 
this section shall take effect on January 1, 2002, and apply with 
respect to an order issued on or after that date to a member 
of the uniformed services to report to the member's first permanent 
duty station. 
SEC. 
633. REIMBURSEMENT OF MEMBERS FOR MANDATORY PET 
QUARANTINE 
FEES 
FOR 
HOUSEHOLD 
PETS. 
(a) INCREASE IN MAXIMUM REIMBURSEMENT AMOUNT.—Section 
406(a)(1) of title 37, United States Code, is amended in the last 
sentence by striking "$275" and inserting "$550". 
37 use 406 note. 
(b) APPLICATION OF AMENDMENT.—^The amendment made by 
subsection (a) shall apply with respect to the reimbursement of 
members of the uniformed services for mandatory pet quarantine 
fees incurred in connection with the mandatory quarantine of a 
household pet underway on the date of the enactment of this 
Act or beginning on or after that date. 
SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION 
OF BAGGAGE AND HOUSEHOLD EFFECTS FOR JUNIOR 
ENLISTED MEMBERS. 
(a) INCREASED WEIGHT ALLOWANCES.—^The table in section 
406(b)(1)(C) of title 37, United States Code, is amended— 
(1) by striking the two footnotes; and 
(2) by striking the items relating to pay grade E-1 through 
E-4 and inserting the following new items: 
"E-4 
7,000 
8,000 
"E-3 
5,000 
8,000 
"E-2 
5,000 
8,000 
"E-1 
5,000 
8,000". 
37 use 406 note. 
(b) EFFECTIVE DATE; APPLICATION.—The amendments made by 
this section shall take effect on January 1, 2003, and apply with 
respect to an order in connection with a change of temporary 
or permanent station issued on or after that date. 
SEC. 635. ELIGIBILITY OF ADDITIONAL MEMBERS FOR DISLOCATION 
ALLOWANCE. 
(a) ELIGIBILITY FOR PRIMARY DISLOCATION ALLOWANCE.—Sub-
section (a) of section 407 of title 37, United States Code, is 
amended— 
(1) in paragraph (2), by adding at the end the following 
new subparagraphs: 
"(F) A member whose dependents actually move from the 
member's place of residence in connection with the performance 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1145 
of orders for the member to report to the member's first perma-
nent duty station if the move— 
"(i) is to the permanent duty station or a designated 
location; and 
"(ii) is an authorized move. 
"(G) Each of two members married to each other who— 
"(i) is without dependents; 
"(ii) actually moves with the member's spouse to a 
new permanent duty station; and 
"(iii) is assigned to family quarters of the United States 
at or in the vicinity of the new duty station."; and 
(2) by adding at the end the following new paragraph: 
"(4) If a primary dislocation allowance is payable to two mem-
bers described in paragraph (2)(G) who are married to each other, 
the amount of the allowance payable to such members shall be 
the amount otherwise payable under this subsection to the member 
in the higher pay grade, or to either member if both members 
are in the same pay grade. The allowance shall be paid jointly 
to both members.". 
(b) CONFORMING AMENDMENT.—Subsection (e) of such section 
is amended by inserting "(except as provided in subsection (a)(2)(F))" 
after "first duty station". 
(c) APPLICATION OF AMENDMENTS.—^The amendments made by 37 use 407 note, 
this section shall apply with respect to an order issued on or 
after January 1, 2002, in connection with a change of permanent 
station or for a member of the uniformed services to report to 
the member's first permanent duty station. 
SEC. 636. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED FOR 
HOUSING MOVES ORDERED FOR GOVERNMENT CONVEN-
IENCE. 
(a) AUTHORIZATION OF PARTIAL DISLOCATION ALLOWANCE.—Sec-
tion 407 of title 37, United States Code, is amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section: 
"(f) PARTIAL DISLOCATION ALLOWANCE.—(1) Under regulations Regulations, 
prescribed by the Secretary concerned, a member ordered to occupy 
or vacate family housing provided by the United States to permit 
the privatization or renovation of housing or for any other reason 
(other than pursuant to a permanent change of station) may be 
paid a partisd dislocation allowance of $500. 
"(2) Effective on the same date that the monthly rates of Effective date, 
basic pay for all members are increased under section 1009 of 
this title or another provision of law, the Secretary of Defense 
shall adjust the rate of the partial dislocation allowance authorized 
by this subsection by the percentage equal to the average percentage 
increase in the rates of basic pay. 
"(3) Subsections (c) and (d) do not apply to the partial disloca-
tion allowance authorized by this subsection.". 
(b) APPLICATION OF AMENDMENT.—Subsection (f) of title 37, 37 use 407 note. 
United States Code, as added by subsection (a)(2), shall apply 
with respect to an order to move for a member of a uniformed 
service that is issued on or after the date of the enactment of 
this Act. 
89-194 0 - 03 - 6 QL 3 Part 2 
115 STAT. 1146 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 637. ALLOWANCES FOR TRAVEL PERFORMED IN CONNECTION 
WITH MEMBERS TAKING AUTHORIZED LEAVE BETWEEN 
CONSECUTIVE OVERSEAS TOURS. 
Section 411b(a)(l) of title 37, United States Code, is amended 
by striking ", or his designee, or to a place no farther distant 
than his home of record". 
SEC. 638. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY 
MEMBERS TO ATTEND BURIAL OF A DECEASED MEMBER 
OF THE UNIFORMED SERVICES. 
(a) CONSOLIDATION OF AUTHORITIES.—Section 41 If of title 37, 
United States Code, is amended to read as follows: 
'*§411f. Travel and transportation 
allowances: transpor-
tation for survivors of deceased member to attend 
the member's burial ceremonies 
"(a) ALLOWANCES AUTHORIZED.—(1) The Secretary concerned 
may provide round trip travel and transportation allowances to 
eligible relatives of a member of the uniformed services who dies 
while on active duty or inactive duty in order that the eligible 
relatives may attend the burial ceremony of the deceased member. 
"(2) The Secretary concerned may also provide round trip travel 
and transportation allowances to an attendant who accompanies 
an eligible relative provided travel and transportation allowances 
under paragraph (1) for travel to the burial ceremony if the Sec-
retary concerned determines that— 
"(A) the accompanied eligible relative is unable to travel 
unattended because of age, physical condition, or other justifi-
able reason; and 
"(B) there is no other eligible relative of the deceased 
member traveling to the burial ceremony who is eligible for 
travel and transportation allowances under paragraph (1) and 
is qualified to serve as the attendant. 
"(b) LIMITATIONS.—(1) Except as provided in paragraphs (2) 
and (3), allowances under subsection (a) are limited to travel and 
transportation to a location in the United States, Puerto Rico, 
and the possessions of the United States and may not exceed 
the rates for two days and the time necessary for such travel. 
"(2) If a deceased member was ordered or called to active 
duty from a place outside the United States, Puerto Rico, or the 
possessions of the United States, the allowances authorized under 
subsection (a) may be provided to and from such place and may 
not exceed the rates for two days and the time necessary for 
such travel. 
"(3) If a deceased member is interred in a cpmetery maintained 
by the American Battle Monuments Commission, the travel and 
transportation allowances authorized under subsection (a) may be 
provided to and from such cemetery and may not exceed the rates 
for two days and the time necessary for such travel. 
"(c) ELIGIBLE RELATIVES.—(1) The following members of the 
family of a deceased member of the uniformed services are eligible 
for the travel and transportation allowances under subsection (a)(1): 
"(A) The surviving spouse (including a remarried surviving 
spouse) of the deceased member. 
"(B) The unmarried child or children of the deceased 
member referred to in section 401(a)(2) of this title. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1147 
"(C) If no person described in subparagraph (A) or (B) 
is provided travel and transportation allowances under sub-
section (a)(1), the parent or parents of the deceased member 
(as defined in section 401(b)(2) of this title). 
"(2) If no person described in paragraph (1) is provided travel 
and transportation allowances under subsection (a)(1), the travel 
and transportation allowances may be provided to— 
"(A) the person who directs the disposition of the remains 
of the deceased member under section 1482(c) of title 10, or, 
in the case of a deceased member whose remains are commin-
gled and buried in a common grave in a national cemetery, 
the person who would have been designated under such section 
to direct the disposition of the remains if individual identifica-
tion had been made; and 
"(B) up to two additional persons closely related to the 
deceased member who are selected by the person referred to 
in subparagraph (A). 
"(d) 
EXPANDED 
ALLOWANCES 
RELATED TO RECOVERY OF 
REMAINS FROM VIETNAM CONFLICT.—(1) The Secretary of Defense 
may provide round trip travel and transportation allowances for 
the family of a deceased member of the armed forces who died 
while classified as a prisoner of war or as missing in action during 
the Vietnam conflict and whose remains are returned to the United 
States in order that the family members may attend the burial 
ceremony of the deceased member. 
"(2) The allowances under paragraph (1) shall include round 
trip transportation from the places of residence of such family 
members to the burial ceremony and such living expenses and 
other allowances as the Secretary of Defense considers appropriate. 
"(3) For purposes of paragraph (1), eligible family members 
of the deceased member of the armed forces include the following: 
"(A) The surviving spouse (including a remarried surviving 
spouse) of the deceased member. 
"(B) The child or children, including children described 
in section 401(b)(1) of this title, of the deceased member. 
"(C) The parent or parents of the deceased member (as 
defined in section 401(b)(2) of this title). 
"(D) If no person described in subparagraph (A), (B), or 
(C) is provided travel and transportation allowances under 
paragraph (1), any brothers, sisters, halfbrothers, halfsisters, 
stepbrothers, and stepsisters of the deceased member. 
"(e) BURIAL CEREMONY DEFINED.—In this section, the term 
TDurial ceremony includes the following: 
"(1) An interment of casketed or cremated remains. 
"(2) A placement of cremated remains in a columbarium. 
"(3) A memorial service for which reimbursement is author-
ized under section 1482(d)(2) of title 10. 
"(4) A burial of commingled remains that cannot be individ-
ually identified in a common grave in a national cemetery, 
"(f) REGULATIONS.—^The Secretaries concerned shall prescribe 
uniform regulations to carry out this section.". 
(b) REPEAL OF SUPERSEDED LAWS; CONFORMING AMENDMENT.— 
(1) Section 1482 of title 10, United States Code, is amended by 
striking subsection (d) and redesignating subsections (e), (f), and 
(g) as subsections (d), (e), and (f), respectively. 
(2) Section 1481(a)(9) of such title is amended by striking 
"section 1482(g)" and inserting "section 1482(f)". 
115 STAT. 1148 
PUBLIC LAW 107-107—DEC. 28, 2001 
(3) The Funeral Transportation and Living Expense Benefits 
Act of 1974 (Public Law 93-257; 37 U.S.C. 406 note) is repealed. 
37 use 411 note. 
(c) APPLICATION OF AMENDMENT.—Section 41 If of title 37, 
United States Code, as amended by subsection (a), shall apply 
with respect to burial ceremonies of deceased members of the uni-
formed services that occur on or after the date of the enactment 
of this Act. 
SEC. 639. FUNDED STUDENT TRAVEL FOR FOREIGN STUDY UNDER 
AN EDUCATION PROGRAM APPROVED BY A UNITED 
STATES SCHOOL. 
(a) AVAILABILITY OF ALLOWANCE.—Subsection (a) of section 430 
of title 37, United States Code, is amended to read as follows: 
Regulations. 
"(a) AVAILABILITY OF ALLOWANCE.—(1) Under regulations pre-
scribed by the Secretary of Defense, a member of a uniformed 
service may be paid the allowance set forth in subsection (b) if 
the member— 
"(A) is assigned to a permanent duty station outside the 
continental United States; 
"(B) is accompanied by the member's dependents at or 
near that duty station (unless the member's only dependents 
are in the category of dependent described in paragraph (2)); 
and 
"(C) has an eligible dependent child described in paragraph 
(2). 
"(2) An eligible dependent child of a member referred to in 
paragraph (1)(C) is a child who— 
"(A) is under 23 years of age and unmarried; 
"(B) is enrolled in a school in the continental United States 
for the purpose of obtaining a formal education; and 
"(C) is attending that school or is participating in a foreign 
study program approved by that school and, pursuant to that 
foreign study program, is attending a school outside the United 
States for a period of not more than one year.". 
(b) TYPE OF ALLOWANCE AUTHORIZED.—Subsection (b) of such 
section is amended— 
(1) by inserting "ALLOWANCE AUTHORIZED.—" after "(b)"; 
(2) in the first sentence of paragraph (1), by striking "each 
unmarried dependent child," and all that follows through "the 
school being attended" and inserting "each eligible dependent 
child of the member of one annual trip between the school 
being attended by that child"; and 
(3) by adding at the end the following new paragraph: 
"(3) The transportation allowance paid under paragraph (1) 
for an annual trip of an eligible dependent child who is attending 
a school outside the United States may not exceed the transpor-
tation allowance that would be paid under this section for the 
annual trip of that child between the child's school in the continental 
United States and the member's duty station outside the continental 
United States and return.". 
(c) CLERICAL AND CONFORMING AMENDMENTS.—Such section 
is further amended— 
(1) in subsection (c), by inserting "USE OF AIRLIFT AND 
SEALIFT COMMAND.—" after "(c)"; 
(2) in subsection (d)— 
(A) by inserting "ATTENDANCE AT SCHOOL IN ALASKA 
OR HAWAII.—" after "(d)"; and 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1149 
(B) by striking "subsection (a)(3)" and inserting "sub-
section (a)(2)"; 
(3) in subsection (e), by inserting "EXCEPTION.—" after "(e)"; 
and 
(4) in subsection (f), by inserting "DEFINITIONS.—" after 
"(f)". 
(d) APPLICATION OF AMENDMENTS.—^The amendments made by 37 use 430 note. 
this section shall apply with respect to travel described in subsection 
(b) of section 430 of title 37, United States Code, as amended 
by this section, that commences on or after the date of the enact-
ment of this Act. 
Subtitle D—Retirement and Survivor 
Benefit Matters 
SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF 
MILITARY RETIRED PAY AND VETERANS' DISABILITY COM-
PENSATION AND ENHANCEMENT OF SPECIAL COMPENSA-
TION AUTHORITY. 
(a) RESTORATION OF RETIRED PAY BENEFITS.—Chapter 71 of 
title 10, United States Code, is amended by adding at the end 
the following new section: 
"§ 1414. Members eligible for retired pay who have service-
connected disabilities: payment of retired pay and 
veterans' 
disability 
compensation; 
contingent 
authority 
"(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION.— 
Subject to subsection (b), a member or former member of the uni-
formed services who is entitled to retired pay (other than as speci-
fied in subsection (c)) and who is also entitled to veterans' disability 
compensation is entitled to be paid both without regard to sections 
5304 and 5305 of title 38, subject to the enactment of qualifying 
offsetting legislation as specified in subsection (f). 
"(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIREES.—^The 
retired pay of a member retired under chapter 61 of this title 
with 20 years or more of service otherwise creditable under section 
1405 of this title at the time of the member's retirement is subject 
to reduction under sections 5304 and 5305 of title 38, but only 
to the extent that the amount of the member's retired pay under 
chapter 61 of this title exceeds the amount of retired pay to which 
the member would have been entitled under any other provision 
of law based upon the member's service in the uniformed services 
if the member had not been retired under chapter 61 of this title. 
"(c) EXCEPTION.—Subsection (a) does not apply to a member 
retired under chapter 61 of this title with less than 20 years 
of service otherwise creditable under section 1405 of this title at 
the time of the member's retirement. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'retired pay* includes retainer pay, emergency 
officers' retirement pay, and naval pension. 
"(2) The term 'veterans' disability compensation' has the 
meaning given the term 'compensation' in section 101(12) of 
title 38. 
# 
115 STAT. 1150 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(e) EFFECTIVE DATE.—If qualifjdng offsetting legislation (as 
defined in subsection (f)) is enacted, the provisions of subsection 
(a) shall take effect on— 
"(1) the first day of the first month beginning after the 
date of the enactment of such qualifying offsetting legislation; 
or 
"(2) the first day of the fiscal year that begins in the 
calendar year in which such legislation is enacted, if that 
date is later than the date specified in paragraph (1). 
"(f) EFFECTIVENESS CONTINGENT ON ENACTMENT OF OFFSETTING 
LEGISLATION.—(1) The provisions of subsection (a) shall be effective 
only if— 
"(A) the President, in the budget for any fiscal year, pro-
poses the enactment of legislation that, if enacted, would be 
qualifying offsetting legislation; and 
"(B) after that budget is submitted to Congress, there is 
enacted qualifying offsetting legislation. 
"(2) In this subsection: 
"(A) The term 'qualifying offsetting legislation' means legis-
lation (other than an appropriations Act) that includes provi-
sions that— 
"(i) offset fully the increased outlays to be made by 
reason of the provisions of subsection (a) for each of the 
first 10 fiscal years beginning after the date of the enact-
ment of such legislation; 
"(ii) expressly state that they are enacted for the pur-
pose of the offset described in clause (i); and 
"(iii) are included in full on the PayGo scorecard. 
"(B) The term TayGo scorecard' means the estimates that 
are made by the Director of the Congressional Budget Office 
and the Director of the Office of Management and Budget 
under section 252(d) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 902(d)) with respect to 
the ten fiscal years following the date of the enactment of 
the legislation that is qualifying offsetting legislation for pur-
poses of this section.". 
(b) CONFORMING TERMINATION OF SPECIAL COMPENSATION PRO-
GRAM.—Section 1413(a) of such title is amended by adding at the 
end the following new sentence: "If the provisions of subsection 
(a) of section 1414 of this title become effective in accordance 
with subsection (f) of that section, payments under this section 
shall be terminated effective as of the month beginning on the 
effective date specified in subsection (e) of that section.". 
(c) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"1414. Members eligible for retired pay who have service-connected disabilities: pay-
ment of retired pay and veterans' disability compensation; contingent au-
thority.". 
10 use 1414 
(d) PROHIBITION OF RETROACTIVE BENEFITS.—If the provisions 
note. 
of subsection (a) of section 1414 of title 10, United States Code, 
becomes effective in accordance with subsection (f) of that section, 
no benefit may be paid to any person by reason of those provisions 
for any period before the effective date specified in subsection 
(e) of that section. 
(e) ENHANCEMENT OF SPECIAL COMPENSATION AUTHORITY.— 
(1) Subsection (b) of section 1413 of title 10, United States Code, 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1151 
is amended by striking paragraphs (1), (2), and (3) and inserting 
the following: 
"(1) For payments for months beginning with February 
2002 and ending with December 2002, the following: 
"(A) For any month for which the retiree has a quali-
fying service-connected disability rated as total, $300. 
"(B) For any month for which the retiree has a quali-
fying service-connected disability rated as 90 percent, $200. 
"(C) For any month for which the retiree has a quali-
fying service-connected disability rated as 80 percent or 
70 percent, $100. 
"(D) For any month for which the retiree has a quali-
fying service-connected disability rated as 60 percent, $50. 
"(2) For payments for months beginning with January 2003 
and ending with September 2004, the following: 
"(A) For any month for which the retiree has a quali-
fying service-connected disability rated as total, $325. 
"(B) For any month for which the retiree has a Quali-
fying service-connected disability rated as 90 percent, $225. 
"(C) For any month for which the retiree has a quali-
fying service-connected disability rated as 80 percent, $125. 
"(D) For any month for which the retiree has a quali-
fying service-connected disability rated as 70 percent, $100. 
"(E) For any month for which the retiree has a quali-
fying service-connected disability rated as 60 percent, $50. 
"(3) For pajnnents for months after September 2004, the 
following: 
"(A) For any month for which the retiree has a quali-
f3dng service-connected disability rated as total, $350. 
"(B) For any month for which the retiree has a Quali-
fjdng service-connected disability rated as 90 percent, $250. 
"(C) For any month for which the retiree has a quali-
fying service-connected disability rated as 80 percent, $150. 
"(D) For any month for which the retiree has a quali-
fying service-connected disability rated as 70 percent, $125. 
"(E) For any month for which the retiree has a Quali-
f3dng service-connected disability rated as 60 percent, $50.". 
(2) Subsection (d)(2) of such section is amended by striking 
"70 percent" and inserting "60 percent". 
(3) The amendments made by this subsection shall take effect 
Effective date, 
on February 1, 2002. 
10 USC 1413 
^ 
note. 
SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING 
SPOUSES OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY 
AND NOT ELIGIBLE FOR RETIREMENT. 
(a) SURVIVING SPOUSE ANNUITY.—Paragraph (1) of section 
1448(d) of title 10, United States Code, is amended to read as 
follows: 
"(1) SURVIVING SPOUSE ANNUITY.—The Secretary concerned 
shall pay an annuity under this subchapter to the surviving 
spouse of— 
"(A) a member who dies while on active duty after— 
"(i) becoming eligible to receive retired pay; 
"(ii) qualifying for retired pay except that the 
member has not applied for or been granted that pay; 
or 
115 STAT. 1152 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(iii) completing 20 years of active service but 
before the member is eligible to retire as a commis-
sioned officer because the member has not completed 
10 years of active commissioned service; or 
"(B) a member not described in subparagraph (A) who 
dies in line of duty while on active duty.". 
(b) COMPUTATION OF ANNUITY.—Section 1451(c)(1) of such title 
is amended— 
(1) in subparagraph (A)— 
(A) by striking "based upon his years of active service 
when he died." and inserting "when he died determined 
as follows: 
"(i) In the case of an annuity provided under sec-
tion 1448(d) of this title (other than in a case covered 
by clause (ii)), such retired pay shall be computed 
as if the member had been retired under section 1201 
of this title on the date of the member's death with 
a disability rated as total. 
"(ii) In the case of an annuity provided under 
section 1448(d)(1)(A) of this title by reason of the death 
of a member not in line of duty, such retired pay 
shall be computed based upon the member's years 
of active service when he died. 
"(iii) In the case of an annuity provided under 
section 1448(f) of this title, such retired pay shall be 
computed based upon the member or former member's 
years of active service when he died computed under 
section 12733 of this title."; and 
(2) in subparagraph (B)(i), by striking "if the member or 
former member" and all that follows and inserting "as deter-
mined under subparagraph (A).". 
(c) CONFORMING AMENDMENTS.—(1) The heading for subsection 
(d) of section 1448 of such title is amended by striking "RETIREMENT-
ELIGIBLE". 
(2) Subsection (c)(3) of section 1451 of such title is amended 
by striking "1448(d)(1)(B) or 1448(d)(1)(C)" and inserting "clause 
(ii) or (iii) of section 1448(d)(1)(A)". 
Applicability. 
(d) EFFECTIVE DATE.—^The amendments made by this section 
10 use 1448 
shall take effect as of September 10, 2001, and shall apply with 
respect to deaths of members of the Armed Forces occurring on 
or after that date. 
Subtitle E—Other Matters 
SEC. 651. PAYMENT FOR UNUSED LEAVE IN EXCESS OF 60 DAYS 
ACCRUED BY MEMBERS OF RESERVE COMPONENTS ON 
ACTIVE DUTY FOR ONE YEAR OR LESS. 
(a) ELIGIBILITY.—Section 501(b)(5) of title 37, United States 
Code, is amended by— 
(1) striking "or" at the end of subparagraph (B); 
(2) striking the period at the end of subparagraph (C) 
and inserting "; or"; and 
(3) adding at the end the following new subparagraph: 
"(D) by a member of a reserve component while serving 
on active duty, full-time National Guard duty, or active duty 
note. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1153 
for training for a period of more than 30 days but not in 
excess of 365 days.". 
(b) APPLICATION OF AMENDMENT.—Subparagraph (D) of section 
37 use 501 note. 
501(b)(5) of title 37, United States Code, as added by subsection 
(a)(3), shall apply with respect to periods of active duty beginning 
on or after October 1, 2001. 
SEC. 652. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR 
FAMILIES OF MEMBERS OF THE ARMED FORCES. 
(a) AUTHORITY.—During fiscal year 2002, the Secretary of 
Defense may provide assistance for families of members of the 
Armed Forces serving on active duty in order to ensure that the 
children of such members obtain needed child care, education, 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 the contingency operation known as Operation Enduring 
Freedom. 
SEC. 653. AUTHORIZATION OF TRANSITIONAL COMPENSATION AND 
COMMISSARY AND EXCHANGE BENEFITS FOR DEPEND-
ENTS OF COMMISSIONED OFFICERS OF THE PUBUC 
HEALTH SERVICE AND THE NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION WHO ARE SEPARATED 
FOR DEPENDENT ABUSE. 
(a) COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE.— 
Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) 
is amended by adding at the end the following new paragraph: 
"(17) Section 1059, Transitional compensation and com-
missary and exchange benefits for dependents of members sepa-
rated for dependent abuse.". 
(b) COMMISSIONED OFFICERS OF THE NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION.—Section 3(a) of the Act entitled 
"An Act to revise, codify, and enact into law, title 10 of the United 
States Code, entitled 'Armed Forces', and title 32 of the United 
States Code, entitled 'National Guard'", approved August 10, 1956 
(33 U.S.C. 857a(a)), is amended by adding at the end the following 
new paragraph: 
"(17) Section 1059, Transitional compensation and com-
missary and exchange benefits for dependents of members sepa-
rated for dependent abuse.". 
SEC. 654. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSIST-
ANCE UNDER MONTGOMERY GI BILL BY MEMBERS OF THE 
ARMED FORCES WITH CRITICAL MILITARY SKILLS. 
(a) AUTHORITY TO TRANSFER TO FAMILY MEMBERS.—(1) Sub-
chapter II of chapter 30 of title 38, United States Code, is amended 
by adding at the end the following new section: 
'^§3020. Transfer of entitlement to basic educational assist-
ance: members of the Armed Forces with critical 
military skills 
"(a) IN GENERAL.—Subject to the provisions of this section, 
each Secretary concerned may, for the purpose of enhancing recruit-
ment and retention of members of the Armed Forces with critical 
115 STAT. 1154 
PUBLIC LAW 107-107—DEC. 28, 2001 
Notice. 
military skills and at such Secretar^s sole discretion, permit an 
individual described in subsection (b) who is entitled to basic edu-
cational assistance under this subchapter to elect to transfer to 
one or more of the dependents specified in subsection (c) a portion 
of such individual's entitlement to such assistance, subject to the 
limitation under subsection (d). 
"(b) ELIGIBLE INDIVIDUALS.—^An individual referred to in sub-
section (a) is any member of the Armed Forces who, at the time 
of the approval by the Secretary concerned of the member's request 
to transfer entitlement to basic educational assistance under this 
section— 
"(1) has completed six years of service in the Armed Forces; 
"(2) either— 
"(A) has a critical military skill designated by the 
Secretary concerned for purposes of this section; or 
"(B) is in a military specialty designated by the Sec-
retary concerned for purposes of this section as requiring 
critical military skills; and 
"(3) enters into an agreement to serve at least four more 
years as a member of the Armed Forces. 
"(c) ELIGIBLE DEPENDENTS.—^An individual approved to transfer 
an entitlement to basic educational assistance under this section 
may transfer the individual's entitlement as follows: 
"(1) To the individual's spouse. 
"(2) To one or more of the individual's children. 
"(3) To a combination of the individuals referred to in 
paragraphs (1) and (2). 
"(d) LIMITATION ON MONTHS OF TRANSFER.—^The total number 
of months of entitlement transferred by an individual under this 
section may not exceed 18 months. 
"(e) DESIGNATION OF TRANSFEREE.—^An individual transferring 
an entitlement to basic educational assistance under this section 
shall— 
"(1) designate the dependent or dependents to whom such 
entitlement is being transferred; 
"(2) designate the number of months of such entitlement 
to be transferred to each such dependent; and 
"(3) specify the period for which the transfer shall be effec-
tive for each dependent designated under paragraph (1). 
"(f) 
TIME FOR TRANSFER; REVOCATION AND MODIFICATION.— 
(1) Subject to the time limitation for use of entitlement under 
section 3031 of this title, an individual approved to transfer entitle-
ment to basic educational assistance under this section may transfer 
such entitlement at any time after the approval of the individual's 
request to transfer such entitlement without regard to whether 
the individual is a member of the Armed Forces when the transfer 
is executed. 
"(2)(A) An individual transferring entitlement under this section 
may modify or revoke at any time the transfer of any unused 
portion of the entitlement so transferred. 
"(B) The modification or revocation of the transfer of entitle-
ment under this paragraph shall be made by the submittal of 
written notice of the action to both the Secretary concerned and 
the Secretary of Veterans Affairs. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1155 
"(g) COMMENCEMENT OF USE.—^A dependent to whom entitle-
ment to basic educational assistance is transferred under this sec-
tion may not commence the use of the transferred entitlement 
until— 
"(1) in the case of entitlement transferred to a spouse, 
the completion by the individual making the transfer of six 
years of service in the Armed Forces; or 
"(2) in the case of entitlement transferred to a child, both— 
"(A) the completion by the individual making the 
transfer of 10 years of service in the Armed Forces; and 
"(B) either— 
"(i) the completion by the child of the requirements 
of a secondary school diploma (or equivalency certifi-
cate); or 
"(ii) the attainment by the child of 18 years of 
age. 
"(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any 
entitlement to basic educational assistance transferred under this 
section shall be charged against the entitlement of the individual 
making the transfer at the rate of one month for each month 
of transferred entitlement that is used. 
"(2) Except as provided under subsection (e)(2) and subject 
to paragraphs (4) and (5), a dependent to whom entitlement is 
transferred under this section is entitled to basic educational assist-
ance under this subchapter in the same manner and at the same 
rate as the individual from whom the entitlement was transferred. 
"(3) The death of an individual transferring an entitlement 
under this section shall not affect the use of the entitlement by 
the dependent to whom the entitlement is transferred. 
"(4) Notwithstanding section 3031 of this title, a child to whom 
entitlement is transferred under this section may not use any 
entitlement so transferred after attaining the age of 26 years. 
"(5) The administrative provisions of this chapter (including 
the provisions set forth in section 3034(a)(1) of this title) shall 
apply to the use of entitlement transferred under this section, 
except that the dependent to whom the entitlement is transferred 
shall be treated as the eligible veteran for purposes of such provi-
sions. 
"(6) The purposes for which a dependent to whom entitlement 
is transferred under this section may use such entitlement shall 
include the pursuit and completion of the requirements of a sec-
ondary school diploma (or equivalency certificate). 
"(i) OVERPAYMENT.—(1) In the event of an overpayment of basic 
educational assistance with respect to a dependent to whom entitle-
ment is transferred under this section, the dependent and the 
individual making the transfer shall be jointly and severally liable 
to the United States for the amount of the overpayment for purposes 
of section 3685 of this title. 
"(2) Except as provided in paragraph (3), if an individual 
transferring entitlement under this section fails to complete the 
service agreed to by the individual under subsection (b)(3) in accord-
ance with the terms of the agreement of the individual under 
that subsection, the amount of any transferred entitlement under 
this section that is used by a dependent of the individual as of 
the date of such failure shall be treated as an overpayment of 
basic educational assistance under paragraph (1). 
115 STAT. 1156 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(3) Paragraph (2) shall not apply in the case of an individual 
who fails to complete service agreed to by the individual— 
"(A) by reason of the death of the individual; or 
"(B) for a reason referred to in section 3011(a)(l)(A)(ii)(I) 
of this title. 
"0) 
APPROVALS OF TRANSFER SUBJECT TO AVAILABILITY OF 
APPROPRIATIONS.—^The Secretary concerned may approve transfers 
of entitlement to basic educational assistance under this section 
in a fiscal year only to the extent that appropriations for military 
personnel are available in that fiscal year for purposes of making 
deposits in the Department of Defense Education Benefits Fund 
under section 2006 of title 10 in that fiscal year to cover the 
present value of future benefits payable from the Fund for the 
Department of Defense portion of payments of basic educational 
assistance attributable to increased usage of benefits as a result 
of such transfers of entitlement in that fiscal year. 
"(k) REGULATIONS.—^The Secretary of Defense shall prescribe 
regulations for purposes of this section. Such regulations shall 
specify the manner and effect of an election to modify or revoke 
a transfer of entitlement under subsection (f)(2) and shall specify 
the manner of the applicability of the administrative provisions 
referred to in subsection (h)(5) to a dependent to whom entitlement 
is transferred under this section. 
DeadUne. 
"(1) ANNUAL REPORT.—(1) Not later than January 31 each year 
(beginning in 2003), the Secretary of Defense shall submit to the 
Committees on Armed Services and the Committees on Veterans' 
Affairs of the Senate and House of Representatives a report on 
the transfers of entitlement to basic educational assistance under 
this section that were approved by each Secretary concerned during 
the preceding fiscal year. 
"(2) Each report shall set forth— 
"(A) the number of transfers of entitlement under this 
section that were approved by such Secretary during the pre-
ceding fiscal year; or 
"(B) if no transfers of entitlement under this section were 
approved by such Secretary during that fiscal year, a justifica-
tion for such Secretary's decision not to approve any such 
transfers of entitlement during that fiscal year, 
"(m) SECRETARY CONCERNED DEFINED.—Notwithstanding sec-
tion 101(25) of this title, in this section, the term 'Secretary con-
cerned' means— 
"(1) the Secretary of the Army with respect to matters 
concerning the Army; 
"(2) the Secretary of the Navy with respect to matters 
concerning the Navy or the Marine Corps; 
"(3) the Secretary of the Air Force with respect to matters 
concerning the Air Force; and 
"(4) the Secretary of Defense with respect to matters con-
cerning the Coast Guard, or the Secretary of Transportation 
when it is not operating as a service in the Navy.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 3019 
the following new item: 
"3020. Transfer of entitlement to basic educational assistance: members of the 
Armed Forces with critical military skills.". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1157 
(b) TREATMENT UNDER DEPARTMENT OF DEFENSE EDUCATION 
BENEFITS FUND.—Section 2006(b)(2) of title 10, United States Code, 
is amended by adding at the end the following new subparagraph: 
"(D) The present value of future benefits payable from 
the Fund for the Department of Defense portion of pay-
ments of educational assistance under subchapter II of 
chapter 30 of title 38 attributable to increased usage of 
benefits as a result of transfers of entitlement to basic 
educational assistance under section 3020 of that title 
during such period.". 
(c) PLAN FOR IMPLEMENTATION.—^Not later than June 30, 2002, Deadline, 
the Secretary of Defense shall submit to Congress a report 
Reports, 
describing the manner in which the Secretaries of the military 
departments and the Secretary of Transportation propose to exercise 
the authority granted by section 3020 of title 38, United States 
Code, as added by subsection (a). The report shall include the 
regulations prescribed under subsection (k) of that section for pur-
poses of the exercise of the authority. 
(d) FUNDING FOR FISCAL YEAR 2002.—Of the amount authorized 
to be appropriated to the Department of Defense for military per-
sonnel for fiscal year 2002 by section 421, $30,000,000 may be 
available in fiscal year 2002 for deposit into the Department of 
Defense Education Benefits Fund under section 2006 of title 10, 
United States Code, for purposes of covering payments of amounts 
under subparagraph (D) of section 2006(b)(2) of such title (as added 
by subsection (b)), as a result of transfers of entitlement to basic 
educational assistance under section 3020 of title 38, United States 
Code (as added by subsection (a)). 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—TRICARE Program Improvements 
Sec. 701. Sub-acute and long-term care program reform. 
Sec. 702. Prosthetics and hearing aids. 
Sec. 703. Durable medical equipment. 
Sec. 704. Rehabilitative therapy. 
Sec. 705. Report on mental health benefits. 
Sec. 706. Clarification of eligibility for reimbursement of travel expenses of adult 
acconipanjdng patient in travel for specialty care. 
Sec. 707. TRICARE program limitations on payment rates for institutional health 
care providers and on balance billing by institutional and noninstitu-
tional health care providers. 
Sec. 708. Improvements in administration of the TRICARE program. 
Subtitle B—Senior Health Care 
Sec. 711. Clarifications and improvements regarding the Department of Defense 
Medicare-Eligible Retiree Health Care Fund. 
Subtitle C—Studies and Reports 
Sec. 721. Comptroller General study of health care coverage of members of the re-
serve components of the Armed Forces and the National Guard. 
Sec. 722. Comptroller General study of adequacy and quality of health care pro-
vided to women under the defense health program. 
Sec. 723. Repeal of obsolete report requirement. 
Sec. 724. Comptroller General report on requirement to provide screenings, phys-
ical examinations, and other care for certain members. 
Subtitle D—Other Matters 
Sec. 731. Prohibition against requiring military retirees to receive health care sole-
ly through the Department of Defense. 
Sec. 732. Fees for trauma and other medical care provided to civilians. 
Sec. 733. Enhancement of medical product development. 
115 STAT. 1158 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 734. Pilot program providing for Department of Veterans Affairs support in 
the performance of separation physical examinations. 
Sec. 735. Modification of prohibition on requirement of nonavailability statement or 
preauthorization. 
Sec. 736. Transitional health care for members separated from active duty. 
Sec. 737. Two-year extension of health care management demonstration program. 
Sec. 738. Joint DOD-VA pilot program for providing graduate medical education 
and training for physicians. 
Subtitle A—TRICARE Program 
Improvements 
SEC. 701. SUB-ACUTE AND LONG-TERM CARE PROGRAM REFORM. 
(a) IN GENERAL.—(1) Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1074i the following 
new section: 
"§ 1074J. Sub-acute care program 
"(a) ESTABLISHMENT.—^The Secretary of Defense shall establish 
an effective, efficient, and integrated sub-acute care benefits pro-
gram under this chapter (hereinafter referred to in this section 
as the 'program'). Except as otherwise provided in this section, 
the types of health care authorized under the program shall be 
Regulations. 
the same as those provided under section 1079 of this title. The 
Secretary, after consultation with the other administering Secre-
taries, shall promulgate regulations to carry out this section. 
"(b) BENEFITS.—(1) The program shall include a uniform skilled 
nursing facility benefit that shall be provided in the manner and 
under the conditions described in section 1861 (h) and (i) of the 
Social Security Act (42 U.S.C. 1395x (h) and (i)), except that the 
limitation on the number of days of coverage under section 1812 
(a) and (b) of such Act (42 U.S.C. 1395d (a) and (b)) shall not 
be applicable under the program. Skilled nursing facility care for 
each spell of illness shall continue to be provided for as long 
as medically necessary and appropriate. 
"(2) In this subsection: 
"(A) The term 'skilled nursing facility has the meaning 
given such term in section 1819(a) of the Social Security Act 
(42 U.S.C. 1395i-3(a)). 
"(B) The term 'spell of illness' has the meaning given such 
term in section 1861(a) of such Act (42 U.S.C. 1395x(a)). 
"(3) The program shall include a comprehensive, part-time or 
intermittent home health care benefit that shall be provided in 
the manner and under the conditions described in section 186 l(m) 
of the Social Security Act (42 U.S.C. 1395x(m)).". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 10741 
the following new item: 
"1074J. Sub-acute care program.". 
(b) EXTENDED BENEFITS FOR DISABLED BENEFICIARIES.—Section 
1079 of title 10, United States Code, is amended by striking sub-
sections (d), (e), and (f) and inserting the following new subsections: 
"(d)(1) The Secretary of Defense shall establish a program 
to provide extended benefits for eligible dependents, which may 
include the provision of comprehensive health care services, 
including case management services, to assist in the reduction 
of the disabling effects of a qualifying condition of an eligible 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1159 
dependent. Registration shall be required to receive the extended 
benefits. 
"(2) The Secretary of Defense, after consultation with the other Regulations, 
administering Secretaries, shall promulgate regulations to carry 
out this subsection. 
"(3) In this subsection: 
"(A) The term 'eligible dependent' means a dependent of 
a member of the uniformed services on active duty for a period 
of more than 30 days, as described in subparagraph (A), (D), 
or (I) of section 1072(2) of this title, who has a qualifying 
condition. 
"(B) The term 'qualifying condition' means the condition 
of a dependent who is moderately or severely mentally retarded, 
has a serious physical disability, or has an extraordinary phys-
ical or psychological condition. 
"(e) Extended benefits for eligible dependents under subsection 
(d) may include comprehensive health care services (including serv-
ices necessary to maintain, or minimize or prevent deterioration 
of, function of the patient) and case management services with 
respect to the qualifying condition of such a dependent, and include, 
to the extent such benefits are not provided under provisions of 
this chapter other than under this section, the following: 
"(1) Diagnosis. 
"(2) Inpatient, outpatient, and comprehensive home health 
care supplies and services which may include cost effective 
and medically appropriate services other than part-time or 
intermittent services (within the meaning of such terms as 
used in the second sentence of section 186 l(m) of the Social 
Security Act). 
"(3) Training, 
rehabilitation, 
special 
education, 
and 
assistive technology devices. 
"(4) Institutional care in private nonprofit, public, and State 
institutions and facilities and, if appropriate, transportation 
to and from such institutions and facilities. 
"(5) Custodial care, notwithstanding the prohibition in sec-
tion 1077(b)(1) of this title. 
"(6) Respite care for the primary caregiver of the eligible 
dependent. 
"(7) Such other services and supplies as determined appro-
priate by the Secretary, notwithstanding the limitations in 
subsection (a)(13). 
"(f)(1) Members shall be required to share in the cost of any 
benefits provided to their dependents under subsection (d) as fol-
lows: 
"(A) Members in the lowest enlisted pay grade shall be 
required to pay the first $25 incurred each month, and members 
in the highest commissioned pay grade shall be required to 
pay the first $250 incurred each month. The amounts to be Regulations. 
paid by members in all other pay grades shall be determined 
under regulations to be prescribed by the Secretary of Defense 
in consultation with the administering Secretaries. 
"(B) A member who has more than one dependent incurring 
expenses in a given month under a plan covered by subsection 
(d) shall not be required to pay an amount greater than would 
be required if the member had only one such dependent. 
115 STAT. 1160 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(2) In the case of extended benefits provided under paragraph 
(3) or (4) of subsection (e) to a dependent of a member of the 
uniformed services— 
"(A) the Government's share of the total cost of providing 
such benefits in any month shall not exceed $2,500, except 
for costs that a member is exempt from paying under paragraph 
(3); and 
"(B) the member shall pay (in addition to any amount 
payable under paragraph (1)) the amount, if any, by which 
the amount of such total cost for the month exceeds the Govern-
ment's maximum share under subparagraph (A). 
"(3) A member of the uniformed services who incurs expenses 
under paragraph (2) for a month for more than one dependent 
shall not be required to pay for the month under subparagraph 
(B) of that paragraph an amount greater than the amount the 
member would otherwise be required to pay under that subpara-
graph for the month if the member were incurring expenses under 
that subparagraph for only one dependent. 
"(4) To qualify for extended benefits under paragraph (3) or 
(4) of subsection (e), a dependent of a member of the uniformed 
services shall be required to use public facilities to the extent 
such facilities are available and adequate, as determined under 
joint regulations of the administering Secretaries. 
Regulations. 
"(5) The Secretary of Defense, in consultation with the other 
administering Secretaries, shall prescribe regulations to carry out 
this subsection.". 
(c) DEFINITIONS OF CUSTODIAL CARE AND DOMICILIARY CARE.— 
Section 1072 of title 10, United States Code, is amended by adding 
at the end the following new paragraphs: 
"(8) The term 'custodial care' means treatment or services, 
regardless of who recommends such treatment or services or 
where such treatment or services are provided, that— 
"(A) can be rendered safely and reasonably by a person 
who is not medically skilled; or 
"(B) is or are designed mainly to help the patient 
with the activities of daily living. 
"(9) The term 'domiciliary care' means care provided to 
a patient in an institution or homelike environment because— 
"(A) providing support for the activities of daily living 
in the home is not available or is unsuitable; or 
"(B) members of the patient's family are unwilling 
to provide the care.". 
10 use 1079 
(d) CONTINUATION OF INDIVIDUAL CASE MANAGEMENT SERVICES 
note. 
FOR CERTAIN ELIGIBLE BENEFICIARIES.—(1) Notwithstanding the 
termination of the Individual Case Management Program by sub-
section (g), the Secretary of Defense shall, in any case in which 
the Secretary makes the determination described in paragraph 
(2), continue to provide payment as if such program were in effect 
for home health care or custodial care services provided to an 
eligible beneficiary that would otherwise be excluded from coverage 
under regulations implementing chapter 55 of title 10, United States 
Code. 
(2) The determination referred to in paragraph (1) is a deter-
mination that discontinuation of pajonent for services not otherwise 
provided under such chapter would result in the provision of serv-
ices inadequate to meet the needs of the eligible beneficiary and 
would be unjust to such beneficiary. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1161 
(3) For purposes of this subsection, "eligible beneficiary means 
a covered beneficiary (as that term is defined in section 1072 
of title 10, United States Code) who, before the effective date 
of this section, was provided custodial care services under the 
Individual Case Management Program for which the Secretary pro-
vided payment. 
(e) REPORT ON INITIATIVES REGARDING LONG-TERM CARE.— Deadline. 
The Secretary of Defense shall, not later than April 1, 2002, submit 
to Congress a report on the feasibility and desirability of estab-
lishing new initiatives, taking into account chapter 90 of title 5, 
United States Code, to improve the availability of long-term care 
for members and retired members of the uniformed services and 
their families. 
(f) REFERENCE IN TITLE 10 TO LONG-TERM CARE PROGRAM 
IN TITLE 5.—(1) Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1074j (as added by subsection 
(a)) the following new section: 
"§ 1074k. Long-term care insurance 
"Provisions regarding long-term care insurance for members 
and certain former members of the uniformed services and their 
families are set forth in chapter 90 of title 5.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1074j 
(as added by subsection (a)) the following new item: 
"1074k. Long-term care insurance.". 
(g) CONFORMING AMENDMENTS.—(1) The following provisions 
of law are repealed: 
(A) Section 703 of the National Defense Authorization Act 
for Fiscal Year 2000 (Pubhc Law 106-65; 113 Stat. 682; 10 
U.S.C. 1077 note). 
(B) Section 8118 of the Department of Defense Appropria-
tions Act, 2000 (Public Law 106-79; 113 Stat. 1260). 
(C) Section 8100 of the Department of Defense Appropria-
tions Act, 2001 (Public Law 106-259; 114 Stat. 696). 
(2) Section 1079 of title 10, United States Code, is amended 
in subsection (a) by striking paragraph (17). 
SEC. 702. PROSTHETICS AND HEARING AIDS. 
Section 1077 of title 10, United States Code, is amended— 
(1) in subsection (a), by adding at the end the following: 
"(16) A hearing aid, but only for a dependent of a member 
of the uniformed services on active duty and only if the 
dependent has a profound hearing loss, as determined under 
standards prescribed in regulations by the Secretary of Defense 
in consultation with the administering Secretaries."; 
(2) in subsection (b)(2), by striking "Hearing aids, ortho-
pedic footwear," and inserting "Orthopedic footwear"; and 
(3) by adding at the end the following new subsection: 
"(e)(1) Authority to provide a prosthetic device under subsection 
(a)(15) includes authority to provide the following: 
"(A) Any accessory or item of supply that is used in conjunc-
tion with the device for the purpose of achieving therapeutic 
benefit and proper functioning. 
"(B) Services necessary to train the recipient of the device 
in the use of the device. 
115 STAT. 1162 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(C) Repair of the device for normal wear and tear or 
damage. 
"(D) Replacement of the device if the device is lost or 
irreparably damaged or the cost of repair would exceed 60 
percent of the cost of replacement. 
"(2) An augmentative communication device may be provided 
as a voice prosthesis under subsection (a)(15). 
"(3) A prosthetic device customized for a patient may be pro-
vided under this section only by a prosthetic practitioner who is 
qualified to customize the device, as determined under regulations 
prescribed by the Secretary of Defense in consultation with the 
administering Secretaries.". 
SEC. 
703. 
DURABLE 
MEDICAL 
EQUIPMENT. 
(a) ITEMS AUTHORIZED.—Section 1077 of title 10, United States 
Code, as amended by section 702, is further amended— 
(1) in subsection (a)(12), by striking "such as wheelchairs, 
iron lungs, and hospital beds" and inserting "which"; and 
(2) by adding at the end the following new subsection: 
"(f)(1) Items that may be provided to a patient under subsection 
(a)(12) include the following: 
"(A) Any durable medical equipment that can improve, 
restore, or maintain the function of a malformed, diseased, 
or injured body part, or can otherwise minimize or prevent 
the deterioration of the patient's function or condition. 
"(B) Any durable medical equipment that can maximize 
the patient's function consistent with the patient's physiological 
or medical needs. 
"(C) Wheelchairs. 
"(D) Iron lungs. 
"(E) Hospital beds. 
"(2) In addition to the authority to provide durable medical 
equipment under subsection (a)(12), any customization of equipment 
owned by the patient that is durable medical equipment authorized 
to be provided to the patient under this section or section 1079(a)(5) 
of this title, and any accessory or item of supply for any such 
equipment, may be provided to the patient if the customization, 
accessory, or item of supply is essential for— 
"(A) achieving therapeutic benefit for the patient; 
"(B) making the equipment serviceable; or 
"(C) otherwise assuring the proper functioning of the equip-
ment.". 
(b) PROVISION OF ITEMS ON RENTAL BASIS.—Paragraph (5) of 
section 1079(a) of such title is amended to read as follows: 
"(5) Durable equipment provided under this section may 
be provided on a rental basis.". 
SEC. 704. REHABILITATIVE THERAPY. 
Section 1077(a) of title 10, United States Code, as amended 
by sections 702 and 703, is further amended by inserting after 
paragraph (16) the following new paragraph: 
"(17) Any rehabilitative therapy to improve, restore, or 
maintain function, or to minimize or prevent deterioration of 
function, of a patient when prescribed by a physician.". 
SEC. 705. REPORT ON MENTAL HEALTH BENEFITS. 
(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall 
carry out a study to determine the adequacy of the scope and 
• 4 ^ & 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1163 
availability of outpatient mental health benefits provided for mem-
bers of the Armed Forces and covered beneficiaries under the 
TRICARE program. 
(b) REPORT.—Not later than March 31, 2002, the Secretary Deadline, 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the study, including 
the conclusions and any recommendations for legislation that the 
Secretary considers appropriate. 
SEC. 706. CLARIFICATION OF ELIGIBILITY FOR REIMBURSEMENT OF 
TRAVEL EXPENSES OF ADULT ACCOMPANYING PATIENT 
IN TRAVEL FOR SPECIALTY CARE. 
Section 10741 of title 10, United States Code, is amended by 
inserting before the period at the end the following: "and, when 
accompaniment by an adult is necessary, for a parent or guardian 
of the covered beneficiary or another member of the covered bene-
ficiary's family who is at least 21 years of age". 
SEC. 707. TRICARE PROGRAM LIMITATIONS ON PAYMENT RATES FOR 
INSTITUTIONAL HEALTH CARE PROVIDERS AND ON BAL-
ANCE BILLING BY INSTITUTIONAL 
AND 
NONINSTITU-
TIONAL HEALTH CARE PROVIDERS. 
(a) INSTITUTIONAL PROVIDERS.—Section 1079(j) of title 10, 
United States Code, is amended— 
(1) in paragraph (2)(A)— 
(A) by striking "(A)"; and 
(B) by striking "may be determined under joint regula-
tions" and inserting "shall be determined under joint regu-
lations"; 
(2) by redesignating subparagraph (B) of paragraph (2) 
as paragraph (4), and, in such paragraph, as so redesignated, 
by striking "subparagraph (A)," and inserting "this subsection,"; 
and 
(3) by inserting before paragraph (4), as redesignated by 
paragraph (2), the following new paragraph (3): 
"(3) A contract for a plan covered by this section shall include 
a clause that prohibits each provider of services under the plan 
from billing any person covered by the plan for any balance of 
charges for services in excess of the amount paid for those services 
under the joint regulations referred to in paragraph (2), except 
for any unpaid amounts of deductibles or copa3anents that are 
payable directly to the provider by the person.". 
(b) NONINSTITUTIONAL PROVIDERS.—Section 1079(h)(4) of such 
title is amended— 
(1) by inserting "(A)" after "(4)"; and 
(2) by adding at the end the following new subparagraph: 
"(B) The regulations shall include a restriction that prohibits Regtiiations. 
an individual health care professional (or other noninstitutional 
health care provider) from billing a beneficiary for services for 
more than the amount that is equal to— 
"(i) the excess of the limiting charge (as defined in section 
1848(g)(2) of the Social Security Act (42 U.S.C. 1395w-4(g)(2))) 
that would be applicable if the services had been provided 
by the professional (or other provider) as an individual health 
care professional (or other noninstitutional health care pro-
vider) on a nonassignment-related basis under part B of title 
XVIII of such Act over the amount that is payable by the 
United States for those services under this subsection, plus 
115 STAT. 1164 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(ii) any unpaid amounts of deductibles or copajonents that 
are payable directly to the professional (or other provider) by 
the beneficiary.". 
10 use 1079 
(c) EFFECTIVE DATE.—^The amendments made by this section 
°ote. 
shall take effect on the date that is 90 days after the date of 
the enactment of this Act. 
SEC. 708. IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE PRO-
GRAM. 
10 use 1072 
(a) FLEXIBILITY IN CONTRACTING.—(1) 
During the one-year 
oote. 
period following the date of the enactment of this Act, section 
1072(7) of title 10, United States Code, shall be deemed to be 
amended by striking "the competitive selection of contractors to 
financially underwrite". 
(2) The terms and conditions of any contract to provide health 
care services under the TRICARE program entered into during 
the period described in paragraph (1) shall not be considered to 
be modified or terminated as a result of the termination of such 
period. 
(b) REDUCTION OF CONTRACT START-UP TIME.—Section 1095c(b) 
of such title is amended— 
(1) in paragraph (1)— 
(A) by striking 'The" and inserting "Except as provided 
in paragraph (3), the"; and 
(B) by striking "contract." and all that follows through 
"as soon as practicable after the award of the"; and 
(2) by adding at the end the following new paragraph: 
"(3) The Secretary may reduce the nine-month start-up period 
required under paragraph (1) if— 
"(A) the Secretary— 
"(i) determines that a shorter period is sufficient to 
ensure effective implementation of all contract require-
ments; and 
"(ii) submits notification to the Committees on Armed 
Services of the House of Representatives and the Senate 
of the Secretary's intent to reduce the nine-month start-
up period; and 
"(B) 60 days have elapsed since the date of such notifica-
tion.". 
Subtitle B—Senior Health Care 
SEC. 711. 
CLARIFICATIONS AND IMPROVEMENTS REGARDING THE 
D E P A R T M E N T O F 
DEFENSE 
MEDICARE-ELIGIBLE 
RETIREE 
HEALTH 
CARE 
FUND. 
(a) CLARIFICATION REGARDING COVERAGE.—Subsection (b) of 
section 1111 of title 10, United States Code, is amended to read 
as follows: 
"(b) In this chapter: 
"(1) The term 'uniformed services retiree health care pro-
grams' means the provisions of this title or any other provision 
of law creating an entitlement to or eligibility for health care 
for a member or former member of a participating uniformed 
service who is entitled to retired or retainer pay, and an eligible 
dependent under such program. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1165 
"(2) The term 'eligible dependent' means a dependent 
described in section 1076(a)(2) (other than a dependent of a 
member on active duty), 1076(b), 1086(c)(2), or 1086(c)(3) of 
this title. 
"(3) The term 'medicare-eligible', with respect to any person, 
means entitled to benefits under part A of title XVIII of the 
Social Security Act (42 U.S.C. 1395c et seq.). 
"(4) The term 'participating uniformed service' means the 
Army, Navy, Air Force, and Marine Corps, and any other 
uniformed service that is covered by an agreement entered 
into under subsection (c).". 
(b) PARTICIPATION OF OTHER UNIFORMED SERVICES.—(1) Section 
1111 of such title is further amended by adding at the end the 
following new subsection: 
"(c) The Secretary of Defense may enter into an agreement 
with any other administering Secretary (as defined in section 
1072(3) of this title) for participation in the Fund by a uniformed 
service under the jurisdiction of that Secretary. Any such agreement 
shall require that Secretary to determine contributions to the Fund 
on behalf of the members of the uniformed service under the juris-
diction of that Secretary in a manner comparable to the determina-
tion with respect to contributions to the Fund made by the Secretary 
of Defense under section 1116 of this title, and such administering 
Secretary may make such contributions.". 
(2) Section 1112 of such title is amended by adding at the 
end the following new paragraph: 
"(4) Amounts paid into the Fund pursuant to section 1111(c) 
of this title.". 
(3) Section 1115 of such title is amended— 
(A) in subsection (a), by inserting "participating" before 
"uniformed services"; 
(B) in subparagraphs (A)(ii) and (B)(ii) of subsection (b)(1), 
by inserting "under the jurisdiction of the Secretary of Defense" 
after "uniformed services"; 
(C) in subsection (b)(2), by inserting "(or to the other execu-
tive department having jurisdiction over the participating uni-
formed service)" after "Department of Defense"; and 
(D) in subparagraphs (A) and (B) of subsection (c)(1), by 
inserting "participating' before "uniformed services". 
(4) Section 1116(a) of such title is amended in paragraphs 
(1)(B) and (2)(B) by inserting "under the jurisdiction of the Secretary 
of Defense" after "uniformed services". 
(c) CLARIFICATION OF PAYMENTS FROM THE FUND.—(1) Sub-
section (a) of section 1113 of such title is amended to read as 
follows: 
"(a) There shall be paid from the Fund amounts payable for 
the costs of all uniformed service retiree health care programs 
for the benefit of members or former members of a participating 
uniformed service who are entitled to retired or retainer pay and 
are medicare eligible, and eligible dependents who are medicare 
eligible.". 
(2) Such section is further amended by adding at the end 
the following new subsections: 
"(c)(1) In carrying out subsection (a), the Secretary of Defense 
may transfer periodically from the Fund to applicable appropria-
tions of the Department of Defense, or to applicable appropriations 
of other departments or agencies, such amounts as the Secretary 
115 STAT. 1166 
PUBLIC LAW 107-107—DEC. 28, 2001 
determines necessary to cover the costs chargeable to those appro-
priations for uniformed service retiree health care programs for 
beneficiaries under those programs who are medicare-eligible. Such 
transfers may include amounts necessary for the administration 
of such programs. Amounts so transferred shall be merged with 
and be available for the same purposes and for the same time 
period as the appropriation to which transferred. Upon a determina-
tion that all or part of the funds transferred from the Fund are 
not necessary for the purposes for which transferred, such amounts 
may be transferred back to the Fund. This transfer authority is 
in addition to any other transfer authority that may be available 
to the Secretary. 
"(2) A transfer from the Fund under paragraph (1) may not 
be made to an appropriation after the end of the second fiscal 
year after the fiscal year that the appropriation is available for 
obligation. A transfer back to the Fund under paragraph (1) may 
not be made after the end of the second fiscal year after the 
fiscal year for which the appropriation to which the funds were 
originally transferred is available for obligation. 
Regiilations. 
"(d) The Secretary of Defense shall by regulation establish 
the method or methods for calculating amounts to be transferred 
under subsection (c). Such method or methods may be based (in 
whole or in part) on a proportionate share of the volume (measured 
as the Secretary determines appropriate) of health care services 
provided or paid for under uniformed service retiree health care 
programs for beneficiaries under those programs who are medicare-
eligible in relation to the total volume of health care services 
provided or paid for under Department of Defense health care 
programs. 
Deadlines. 
"(e) The regulations prescribed by the Secretary under sub-
section (d) shall be provided to the Comptroller General not less 
Reports. 
than 60 days before such regulations become effective. The Comp-
troller General shall, not later than 30 days Eifter receiving such 
regulations, report to the Secretary of Defense and Congress on 
the adequacy and appropriateness of the regulations. 
"(f) If the Secretary of Defense enters into an agreement with 
another administering Secretary pursuant to section 1111(c), the 
Secretary of Defense may take the actions described in subsections 
(c), (d), and (e) on behalf of the beneficiaries and programs of 
the other participating uniformed service.". 
(d) SOURCE OF FUNDS FOR MONTHLY ACCRUAL PAYMENTS INTO 
THE FUND.—Section 1116 of such title is further amended— 
(1) in subsection (a)(2)(B) (as amended by subsection (b)(4)), 
by striking the sentence beginning "Amounts paid into"; and 
(2) by adding at the end the following new subsection: 
"(c) Amounts paid into the Fund under subsection (a) shall 
be paid from funds available for the health care programs of the 
participating uniformed services under the jurisdiction of the respec-
tive administering Secretaries.". 
(e) TECHNICAL AMENDMENTS.—(1) Sections 1111(a), 1115(c)(2), 
1116(a)(1)(A), and 1116(a)(2)(A) of such title are amended by 
striking "Department of Defense retiree health care programs" and 
inserting "uniformed services retiree health care programs". 
(2) The heading for section 1111 of such title is amended 
to read as follows: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1167 
''§1111. Establishment and purpose of Fund; definitions; 
authority to enter into agreements". 
(3) The item relating to section 1111 in the table of sections 
at the beginning of chapter 56 of such title is amended to read 
as follows: 
"1111. Establishment and purpose of Fund; definitions; authority to enter into 
agreements.". 
(f) EFFECTIVE DATE.—^The amendments made by this section 
lOUSCiill 
shall take effect as if included in the enactment of chapter 56 ^°^-
of title 10, United States Code, by section 713(a)(1) 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). 
(g) FIRST YEAR CONTRIBUTIONS.—With respect to contributions 
lo use iiie 
under section 1116(a) of title 10, United States Code, for the first 
note. 
year that the Department of Defense Medicare-Eligible Retiree 
Health Care Fund is established under chapter 56 of such title, 
if the Board of Actuaries is unable to execute its responsibilities 
with respect to such section, the Secretary of Defense may make 
contributions under such section using methods and assumptions 
developed by the Secretary. 
Subtitle C—Studies and Reports 
SEC. 
7
2
1
. 
COMPTROLLER GENERAL STUDY OF HEALTH CARE 
COV-
ERAGE 
OF 
MEMBERS 
OF 
THE 
RESERVE 
COMPONENTS 
OF 
THE 
ARMED 
FORCES 
AND 
THE 
NATIONAL 
GUARD. 
(a) REQUIREMENT FOR STUDY.—^The Comptroller General shall 
carry out a study of the needs of members of the reserve components 
of the Armed Forces and the National Guard and their families 
for health care benefits. The study shall include the following: 
(1) An analysis of how members of the reserve components 
of the Armed Forces and the National Guard currently obtain 
coverage for health care benefits when not on active duty, 
together with statistics on enrollments in health care benefits 
plans, including— 
(A) the percentage of such members who are not cov-
ered by an employer health benefits plan; 
(B) the percentage of such members who are not cov-
ered by an individual health benefits plan; and 
(C) the percentage of such members who are not cov-
ered by any health insurance or other health benefits plan. 
(2) An assessment of the disruptions in health benefits 
coverage that a mobilization of members of the reserve compo-
nents of the Armed Forces and the National Guard causes 
for the members and their families. 
(3) An assessment of the cost and effectiveness of various 
options for preventing or reducing disruptions described in 
paragraph (2), including— 
(A) providing health care benefits to all members of 
the reserve components of the Armed Forces and the 
National Guard and their families through the TRICARE 
program, the Federal Employees Health Benefits Program, 
or otherwise; 
115 STAT. 1168 
PUBLIC LAW 107-107—DEC. 28, 2001 
(B) revising and extending the program of transitional 
medical and dental care that is provided under section 
1074b of title 10, United States Code, for members of 
the Armed Forces upon release from active duty served 
in support of a contingency operation; 
(C) requiring the health benefits plans of such mem-
bers, including individual health benefits plans and group 
health benefits plans, to permit such members to elect 
to resume coverage under such health benefits plans upon 
release from active duty in support of a contingency oper-
ation; 
(D) allowing members of the reserve components of 
the Armed Forces and the National Guard to participate 
in TRICARE Standard using various cost-sharing arrange-
ments; 
(E) providing employers of members of the reserve 
components of the Armed Forces and the National Guard 
with the option of paying the costs of participation in 
the TRICARE program for such members and their families 
using various cost-sharing arrangements; 
(F) providing financial assistance for paying premiums 
or other subscription charges for continuation of coverage 
by private sector health insurance or other health benefits 
plans; and 
(G) any other options that the Comptroller General 
determines advisable to consider. 
Deadline. 
(b) REPORT.—^Not later than May 1, 2002, the Comptroller 
General shall submit to Congress a report describing the findings 
of the study conducted under subsection (a). 
SEC. 
722. COMPTROLLER GENERAL STUDY OF ADEQUACY AND 
QUALITY 
OF 
HEALTH 
CARE 
PROVIDED 
TO 
WOMEN 
UNDER 
THE 
DEFENSE 
HEALTH 
PROGRAM. 
(a) REQUIREMENT FOR STUDY.—^The Comptroller General shall 
carry out a study of the adequacy and quality of the health care 
provided to women under chapter 55 of title 10, United States 
Code. 
(b) SPECIFIC CONSIDERATION.—^The study shall include an inten-
sive review of the availability and quality of reproductive health 
care services. 
Deadline. 
(c) REPORT.—^The Comptroller General shall submit a report 
on the results of the study to Congress not later than May 1, 
2002. 
SEC. 
723. REPEAL 
OF 
OBSOLETE 
REPORT 
REQUIREMENT. 
Section 701 of the National Defense Authorization Act for Fiscal 
Year 2000 (PubHc Law 106-65; 10 U.S.C. 1074g note) is amended 
by striking subsection (d). 
SEC. 724. COMPTROLLER GENERAL REPORT ON REQUIREMENT TO 
PROVIDE SCREENINGS, PHYSICAL EXAMINATIONS, AND 
OTHER CARE FOR CERTAIN MEMBERS. 
(a) REPORT REQUIRED.—^The Comptroller General shall prepare 
a report on the advisability, need, and cost effectiveness of the 
requirements under section 1074a(d) of title 10, United States Code, 
that the Secretary of the Army provide medical and dental 
screenings, physical examinations, and certain dental care for early 
deploying members of the Selected Reserve. The report shall include 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1169 
any recommendations for changes to such requirements based on 
the most current information available on the value of periodic 
physical examinations and any role such examinations play in 
monitoring force and individual member pre-deplo)anent and post-
deployment health status. 
(b) DEADLINE FOR SUBMISSION.—^The report required by sub-
section (a) shall be provided to the Committees on Armed Services 
of the Senate and the House of Representatives not later than 
June 1, 2002. 
Subtitle D—Other Matters 
SEC. 731. PROHIBITION AGAINST REQUIRING MILITARY RETIREES TO 
RECEIVE HEALTH CARE SOLELY THROUGH THE DEPART-
MENT OF DEFENSE. 
(a) PROHIBITION.—Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1086a the following new 
section: 
"§ 1086b. Prohibition against requiring retired members to 
receive health care solely through the Depart-
ment of Defense 
"The Secretary of Defense may not take any action that would 
require, or have the effect of requiring, a member or former member 
of the armed forces who is entitled to retired or retainer pay 
to enroll to receive health care from the Federal Government only 
through the Department of Defense.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1086a the following new item: 
"1086b. Prohibition against requiring retired members to receive health care solely 
through the Department of Defense.". 
SEC. 732. FEES FOR TRAUMA AND OTHER MEDICAL CARE PROVIDED 
TO CIVILIANS. 
(a) REQUIREMENT TO IMPLEMENT PROCEDURES.—(1) Chapter 
55 of title 10, United States Code, is amended by inserting after 
section 1079a the following new section: 
"§ 1079b. Procedures for charging fees for care provided to 
civilians; retention and use of fees collected 
"(a) REQUIREMENT TO IMPLEMENT PROCEDURES.—The Secretary 
of Defense shall implement procedures under which a military 
medical treatment facility may charge civilians who are not covered 
beneficiaries (or their insurers) fees representing the costs, as deter-
mined by the Secretary, of trauma and other medical care provided 
to such civilians. 
"(b) USE OF FEES COLLECTED.—A military medical treatment 
facility may retain and use the amounts collected under subsection 
(a) for— 
"(1) trauma consortium activities; 
"(2) administrative, operating, and equipment costs; and 
"(3) readiness training.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1079a 
the following new item: 
115 STAT. 1170 
PUBLIC LAW 107-107—DEC. 28, 2001 
"1079b. Procedures for charging fees for care provided to civilians; retention and 
use of fees collected.". 
10 use 1079 
(b) DEADLINE FOR IMPLEMENTATION.—^The Secretary of Defense 
»ote. 
shall begin to implement the procedures required by section 
1079b(a) 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. 
SEC. 733. ENHANCEMENT OF MEDICAL PRODUCT DEVELOPMENT. 
Section 980 of title 10, United States Code, is amended— 
(1) by inserting "(a)" before "Funds"; and 
(2) by adding at the end the following new subsection: 
"(b) The Secretary of Defense may waive the prohibition in 
this section with respect to a specific research project to advance 
the development of a medical product necessary to the armed forces 
if the research project may directly benefit the subject and is 
carried out in accordance with all other applicable laws.". 
10 use 1071 
SEC. 734. PILOT PROGRAM PROVIDING FOR DEPARTMENT OF VET-
note. 
ERANS AFFAIRS SUPPORT IN THE PERFORMANCE OF 
SEPARATION PHYSICAL EXAMINATIONS. 
(a) AUTHORITY.—^The Secretary of Defense and the Secretary 
of Veterans Affairs may jointly carry out a pilot program under 
which the Secretary of Veterans Affairs may perform the physical 
examinations required for members of the uniformed services sepa-
rating from the uniformed services who are in one or more 
geographic areas designated for the pilot program by the Secre-
taries. 
(b) REIMBURSEMENT.—^The Secretary of Defense shall reimburse 
the Secretary of Veterans Affairs for the cost incurred by the 
Secretary of Veterans Affairs in performing, under the pilot pro-
gram, the elements of physical examination that are required by 
the Secretary concerned in connection with the separation of a 
member of a uniformed service. Reimbursements shall be paid 
out of funds available for the performance of separation physical 
examinations of members of that uniformed service in facilities 
of the uniformed services. 
(c) AGREEMENT.—(1) If the Secretary of Defense and the Sec-
retary of Veterans Affairs carry out the pilot program authorized 
by this section, the Secretaries shall enter into an agreement speci-
fying the geographic areas in which the pilot program is carried 
out and the means for making reimbursement payments under 
subsection (b). 
(2) The other administering Secretaries shall also enter into 
the agreement to the extent that the Secretary of Defense deter-
mines necessary to apply the pilot program, including the require-
ment for reimbursement, to the uniformed services not under the 
jurisdiction of the Secretary of a military department. 
(d) CONSULTATION REQUIREMENT.—In developing and canning 
out the pilot program, the Secretary of Defense shall consult with 
the other administering Secretaries. 
(e) PERIOD OF PROGRAM.—^The Secretary of Defense and the 
Secretary of Veterans Affairs may carry out the pilot program 
under this section beginning not later than July 1, 2002, and 
terminating on December 31, 2005. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1171 
(f) REPORTS.—(1) If the Secretary of Defense and the Secretary Deadlines, 
of Veterans Affairs carry out the pilot program authorized by this 
section— 
(A) not later than January 31, 2004, the Secretaries shall 
jointly submit to Congress an interim report on the conduct 
of the pilot program; and 
(B) not later than March 1, 2005, the Secretaries shall 
jointly submit to Congress a final report on the conduct of 
the pilot program. 
(2) Reports under this subsection shall include the Secretaries' 
assessment, as of the date of the report, of the efficacy of the 
performance of separation physical examinations as provided for 
under the pilot program. 
(g) DEFINITIONS.—In this section: 
(1) The term "administering Secretaries" has the meaning 
given that term in section 1072(3) of title 10, United States 
Code. 
(2) The term "Secretary concerned" has the meaning given 
that term in section 101(5) of title 37, United States Code. 
SEC. 735. MODIFICATION OF PROHIBITION ON REQUIREMENT OF 
NONAVAILABIUTY STATEMENT OR PREAUTHORIZATION. 
(a) CLARIFICATION OF COVERED BENEFICIARIES.—Subsection (a) 
of section 721 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-184) is amended by striking "covered 10USC1073 
beneficiary under chapter 55 of title 10, United States Code, who note. 
is enrolled in TRICARE Standard," and inserting "covered bene-
ficiary under TRICARE Standard pursuant to chapter 55 of title 
10, United States Code,". 
(b) REPEAL OF REQUIREMENT FOR NOTIFICATION REGARDING 
HEALTH CARE RECEIVED FROM ANOTHER SOURCE.—Subsection (b) 
of such section is repealed. 
(c) WAIVER AUTHORITY.—Such section, as so amended, is further 
amended by striking subsection (c) and inserting the following 
new subsections: 
"(b) WAIVER AUTHORITY.—^The Secretary may waive the prohibi-
tion in subsection (a) if— 
"(1) the Secretary— 
"(A) demonstrates that significant costs would be 
avoided by performing specific procedures at the affected 
military medical treatment facility or facilities; 
"(B) determines that a specific procedure must be pro-
vided at the affected military medical treatment facility 
or facilities to ensure the proficiency levels of the practi-
tioners at the facility or facilities; or 
"(C) determines that the lack of nonavailability state-
ment data would significantly interfere with TRICARE con-
tract administration; 
"(2) the Secretary provides notification of the Secretar/s 
intent to grant a waiver under this subsection to covered bene-
ficiaries who receive care at the military medical treatment 
facility or facilities that will be affected by the decision to 
grant a waiver under this subsection; 
"(3) the Secretary notifies the Committees on Armed Serv-
ices of the House of Representatives and the Senate of the 
Secretary's intent to grant a waiver under this subsection. 
115 STAT. 1172 
PUBLIC LAW 107-107—DEC. 28, 2001 
the reason for the waiver, and the date that a nonavailabihty 
statement will be required; and 
"(4) 60 days have elapsed since the date of the notification 
described in paragraph (3). 
"(c) WAIVER EXCEPTION FOR MATERNITY CARE.—Subsection (b) 
shall not apply with respect to maternity care.". 
(d) EFFECTIVE DATE.—(1) Subsection (a) of such section is 
amended by striking "under any new contract for the provision 
of health care services". 
(2) Subsection (d) of such section is amended by striking "take 
effect on October 1, 2001." and inserting "take effect on the earlier 
of the following: 
"(1) The date that a new contract entered into by the 
Secretary to provide health care services under TRICARE 
Standard takes effect. 
"(2) The date that is two years after the date of the enact-
ment of the National Defense Authorization Act for Fiscal Year 
2002.". 
Deadline. 
(e) REPORT.—^Not later than March 1, 2002, the Secretary of 
Defense shall submit to the Committees on Armed Services of 
the House of Representatives and the Senate a report on the Sec-
retary's plans for implementing section 721 of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001, as 
amended by this section. 
SEC. 736. TRANSITIONAL HEALTH CARE FOR MEMBERS SEPARATED 
FROM ACTIVE DUTY. 
(a) PERMANENT AUTHORITY FOR INVOLUNTARILY SEPARATED 
MEMBERS AND MOBILIZED RESERVES.—Subsection (a) of section 1145 
of title 10, United States Code, is amended— 
(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)"; 
(2) by redesignating paragraph (2) as paragraph (3); 
(3) by inserting after paragraph (1) the following new para-
graph (2): 
Applicability. 
"(2) This subsection applies to the following members of the 
armed forces: 
"(A) A member who is involuntarily separated from active 
duty. 
"(B) A member of a reserve component who is separated 
from active duty to which called or ordered in support of a 
contingency operation if the active duty is active duty for a 
period of more than 30 days. 
"(C) A member who is separated from active duty for which 
the member is involuntarily retained under section 12305 of 
this title in support of a contingency operation. 
"(D) A member who is separated from active duty served 
pursuant to a voluntary agreement of the member to remain 
on active duty for a period of less than one year in support 
of a contingency operation."; and 
(4) in paragraph (3), as redesignated by paragraph (2), 
by striking "involuntarily" each place it appears. 
(b) CONFORMING AMENDMENTS.—Such section 1145 is further 
amended— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1173 
Applicability. 
10 use 1074b 
note. 
10 use 1071 
note. 
(1) in subsection (c)(1), by striking "during the period begin-
ning on October 1, 1990, and ending on December 31, 2001"; 
and 
(2) in subsection (e), by striking the first sentence. 
(c) REPEAL OF SUPERSEDED AUTHORITY.—(1) Section 1074b of 
title 10, United States Code, is repealed. 
(2) The table of sections at the beginning of chapter 55 of 
such title is amended by striking the item relating to section 1074b. 
(d) TRANSITION PROVISION.—^Notwithstanding the repeal of sec-
tion 1074b of title 10, United States Code, by subsection (c), the 
provisions of that section, as in effect before the date of the enact-
ment of this Act, shall continue to apply to a member of the 
Armed Forces who is released from active duty in support of a 
contingency operation before that date. 
SEC. 737. TWO-YEAR EXTENSION OF HEALTH CARE MANAGEMENT 
DEMONSTRATION PROGRAM. 
(a) EXTENSION.—Subsection (d) of section 733 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 
(as enacted by Public Law 106-398; 114 Stat. 1654A-191) is 
amended by striking "December 31, 2001" and inserting "December 
31, 2003". 
(b) REPORT.—Subsection (e) of that section is amended— 
(1) by striking "REPORTS.—" and inserting "REPORT.—"; 
and 
(2) by striking "March 15, 2002" and inserting "March 
15, 2004". 
SEC. 738. JOINT DOD-VA PILOT PROGRAM FOR PROVIDING GRADUATE 
MEDICAL EDUCATION AND TRAINING FOR PHYSICIANS. 
(a) IN GENERAL.—^The Secretary of Defense and the Secretary 
of Veterans Affairs may 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. 
(b) COST-SHARING AGREEMENT.—If the Secretary of Defense 
and the Secretary of Veterans Affairs carry out a pilot program 
under subsection (a), the Secretaries shall enter into an agreement 
for carrying out the pilot program under which means are estab-
lished for each respective Secretary to assist in paying the costs, 
with respect to individuals under the jurisdiction of such 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 shall exercise authorities provided to the Secretaries, respec-
tively, under other laws relating to the furnishing or support of 
medical education and the cooperative use of facilities. 
(d) PERIOD OF PROGRAM.—If the Secretary of Defense and the 
Secretary of Veterans Affairs carry out a pilot program under 
subsection (a), such pilot program shall begin not later than August 
1, 2002, and shall terminate on July 31, 2007. 
(e) REPORTS.—If the Secretary of Defense and the Secretary Deadlines, 
of Veterans Affairs carry out a pilot program under subsection 
(a), not later than January 31, 2003, and January 31 of each 
10 use 1094a 
note. 
115 STAT. 1174 
PUBLIC LAW 107-107—DEC. 28, 2001 
year thereafter through 2008, the Secretaries shall jointly submit 
to Congress a report on the pilot program. The report shall cover 
the preceding year and shall include each Secretar/s assessment 
of the efficacy of providing education and training under the pro-
gram. 
TITLE Vm—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—Procurement Management and Administration 
Sec. 801. Management of procurement of services. 
Sec. 802. Savings goals for procurements of services. 
Sec. 803. Competition reqmrement for purchase of services pursuant to multiple 
award contracts. 
Sec. 804. Reports on maturity of technology at initiation of major defense acquisi-
tion programs. 
Subtitle B—Use of Preferred Sources 
Sec. 811. Applicability of competition requirements to purchases from a required 
source. 
Sec. 812. Extension of mentor-protege program. 
Sec. 813. Increase of assistance limitation regarding prociurement technical assist-
ance program. 
Subtitle C—^Amendments to General Contracting Authorities, Procedures, 
and Related Matters 
Sec. 821. Amendments to conform with administrative changes in acquisition phase 
and milestone terminology and to make related adjustments in certain 
requirements applicable at milestone transition points. 
Sec. 822. Follow-on production contracts for products developed pursuant to proto-
tjrpe projects. 
Sec. 823. One-year extension of program applying simplified procedures to certain 
commercial items. 
Sec. 824. Acquisition workforce qualifications. 
Sec. 825. Report on implementation of recommendations of the acquisition 2005 
task force. 
Subtitle D—Other Matters 
Sec. 831. Identification of errors made by executive agencies in payments to con-
tractors and recovery of amounts erroneously paid. 
Sec. 832. Codification and mod.ification of provision of law known as the "Berry 
amendment". 
Sec. 833. Personal services contracts to be performed by individuals or organiza-
tions abroad. 
Sec. 834. Requirements regarding insensitive munitions. 
Sec. 835. Inapplicability of limitation to small purchases of miniature or instru-
ment ball or roller bearings under certain circumstances. 
Sec. 836. Temporary emergency procurement authority to facilitate the defense 
against terrorism or biological or chemical attack. 
Subtitle A—Procurement Management and 
Administration 
SEC. 
8
0
1
. 
MANAGEMENT 
OF 
PROCUREMENT 
OF 
SERVICES. 
(a) RESPONSIBILITY OF UNDER SECRETARY OF DEFENSE FOR 
ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Section 133(b)(2) of 
title 10, United States Code, is amended by inserting "of goods 
and services" after "procurement". 
(b) REQUIREMENT FOR MANAGEMENT STRUCTURE.—(1) Chapter 
137 of such title is amended by inserting after section 2328 the 
following new section: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1175 
"§ 2330. Procurement of services: management structure 
"(a) REQUIREMENT FOR MANAGEMENT STRUCTURE.—(1) The Sec-
retary of Defense shall establish and implement a management 
structure for the procurement of services for the Department of 
Defense. The management structure shall be comparable to the 
management structure that applies to the procurement of products 
by the Department. 
"(2) The management structure required by paragraph (1) 
shall— 
"(A) provide for a designated official in each military 
department to exercise responsibility for the management of 
the procurement of services for such department; 
"(B) provide for a designated official for Defense Agencies 
and other defense components outside the military departments 
to exercise responsibility for the management of the procure-
ment of services for such Defense Agencies and components; 
"(C) include a means by which employees of the depart-
ments, Defense Agencies, and components are accountable to 
such designated officials for carrying out the requirements of 
subsection (b); and 
"(D) establish specific dollar thresholds and other criteria 
for advance approvals of purchases under subsection (b)(1)(C) 
and delegations of activity under subsection (b)(2). 
"(b) 
CONTRACTING RESPONSIBILITIES OF DESIGNATED 
OFFI-
CIALS.—(1) The responsibilities of an official designated under sub-
section (a) shall include, with respect to the procurement of services 
for the military department or Defense Agencies and components 
by that official, the following: 
"(A) Ensuring that the services are procured by means 
of contracts or task orders that are in the best interests of 
the Department of Defense and are entered into or issued 
and managed in compliance with applicable statutes, regula-
tions, directives, and other requirements, regardless of whether 
the services are procured through a contract or task order 
of the Department of Defense or through a contract entered 
into or task order issued by an official of the United States 
outside the Department of Defense. 
"(B) Analyzing data collected under section 2330a of this 
title on contracts that are entered into for the procurement 
of services. 
"(C) Approving, in advance, any procurement of services 
above the thresholds established pursuant to subsection 
(a)(2)(D) that is to be made through the use of— 
"(i) a contract or task order that is not a performance-
based contract or task order; or 
"(ii) a contract entered into, or a task order issued, 
by an official of the United States outside the Department 
of Defense. 
"(2) The responsibilities of a designated official may be dele-
gated to other employees of the Department of Defense in accord-
ance with the criteria established by the Secretary of Defense. 
"(c) DEFINITION.—In this section, the term 'performance-based', 
with respect to a contract or a task order means that the contract 
or task order, respectively, includes the use of performance work 
statements that set forth requirements in clear, specific, and objec-
tive terms with measurable outcomes.". 
115 STAT. 1176 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
(2) Not later than 180 days after the date of the enactment 
10 use 2330 
of this Act— 
'^°*®- 
(A) the Secretary of Defense shall establish and implement 
the management structure required under section 2330 of title 
10, United States Code (as added by paragraph (1)); and 
Guidance. 
(B) the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics shall issue guidance for officials in the 
management structure established under such section 2330 
regarding how to carry out their responsibilities under that 
section. 
(c) TRACKING OF PROCUREMENT OF SERVICES.—Chapter 137 
of title 10, United States Code, as amended by subsection (b), 
is further amended by inserting after section 2330 the following 
new section: 
"§ 2330a. Procurement of services: tracking of purchases 
"(a) DATA COLLECTION REQUIRED.—^The Secretary of Defense 
shall establish a data collection system to provide management 
information with regard to each purchase of services by a military 
department or Defense Agency in excess of the simplified acquisition 
threshold, regardless of whether such a purchase is made in the 
form of a contract, task order, delivery order, military interdepart-
mental purchase request, or any other form of interagency agree-
ment. 
"(b) DATA TO BE COLLECTED.—^The data required to be collected 
under subsection (a) includes the following: 
"(1) The services purchased. 
"(2) The total dollar amount of the purchase. 
"(3) The form of contracting action used to make the pur-
chase. 
"(4) Whether the purchase was made through— 
"(A) a performance-based contract, performance-based 
task order, or other performance-based arrangement that 
contains firm fixed prices for the specific tasks to be per-
formed; 
"(B) any other performance-based contract, perform-
ance-based task order, or performance-based arrangement; 
or 
"(C) any contract, task order, or other arrangement 
that is not performance based. 
"(5) In the case of a purchase made through an agency 
other than the Department of Defense, the agency through 
which the purchase is made. 
"(6) The extent of competition provided in making the 
purchase and whether there was more than one offer. 
"(7) Whether the purchase was made from— 
"(A) a small business concern; 
"(B) a small business concern owned and controlled 
by socially and economically disadvantaged individuals; or 
"(C) a small business concern owned and controlled 
by women. 
"(c) 
COMPATIBILITY 
WITH 
DATA 
COLLECTION 
SYSTEM FOR 
INFORMATION TECHNOLOGY PURCHASES.—^To the maximum extent 
practicable, a single data collection system shall be used to collect 
data under this section and information under section 2225 of 
this title. 
"(d) DEFINITIONS.—In this section: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1177 
"(1) The term 'performance-based', with respect to a con-
tract, task order, or arrangement, means that the contract, 
task order, or arrangement, respectively, includes the use of 
performance work statements that set forth contract require-
ments in clear, specific, and objective terms with measurable 
outcomes. 
"(2) The definitions set forth in section 2225(f) of this 
title for the terms 'simplified acquisition threshold', 'small busi-
ness concern', 'small business concern owned and controlled 
by socially and economically disadvantaged individuals', and 
'small business concern owned and controlled by women' shall 
apply.". 
(d) REQUIREMENT FOR PROGRAM REVIEW STRUCTURE.—(1) Not 
later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall issue and implement a policy that 
applies to the procurement of services by the Department of Defense 
a program review structure that is similar to the one developed 
for and applied to the procurement of weapon systems by the 
Department of Defense. 
(2) The program review structure for the procurement of serv-
ices shall, at a minimum, include the following: 
(A) Standards for determining which procurements should 
be subject to review by either the senior procurement executive 
of a military department or the senior procurement executive 
of the Department of Defense under such section, including 
criteria based on dollar thresholds, program criticality, or other 
appropriate measures. 
(B) Appropriate key decision points at which those reviews 
should take place. 
(C) A description of the specific matters that should be 
reviewed. 
(e) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 
after the date on which the Secretary issues the policy required 
by subsection (d) and the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics issues the guidance required by 
subsection (b)(2), the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives an assessment of the compliance with the require-
ments of this section and the amendments made by this section. 
(f) DEFINITIONS.—In this section: 
(1) The term "senior procurement executive" means the 
official designated as the senior procurement executive under 
section 16(3) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 414(3)). 
(2) The term "performance-based", with respect to a con-
tract or a task order means that the contract or task order, 
respectively, includes the use of performance work statements 
that set forth contract requirements in clear, specific, and objec-
tive terms with measurable outcomes. 
(g) CLERICAL AMENDMENTS.—(1) The heading for section 2331 
of title 10, United States Code, is amended to read as follows: 
Deadline. 
Policy. 
10 use 2330 
note. 
Deadline. 
Guidance. 
10 use 2330 
note. 
10 use 2330 
note. 
115 STAT. 1178 
PUBLIC LAW 107-107—DEC. 28, 2001 
10 u s e 2330 
note. 
Deadlines. 
10 u s e 2304 
note. 
Deadline. 
"§2331. Procurement of services: contracts for professional 
and technical services". 
(2) The table of sections at the beginning of chapter 137 of 
such title is amended by striking the item relating to section 2331 
and inserting the following new items: 
"2330. Procurement of services: management structure. 
"2330a. Procurement of services: tracking of purchases. 
"2331. Procurement of services: contracts for professional and technical services.". 
SEC. 802. SAVINGS GOALS FOR PROCUREMENTS OF SERVICES. 
(a) Gk)ALS.—(1) It shall be an objective of the Department 
of Defense to achieve savings in expenditures for procurements 
of services through the use of— 
(A) performance-based services contracting; 
(B) appropriate competition for task orders under services 
contracts; and 
(C) program review, spending analyses, and improved 
management of services contracts. 
(2) In furtherance of such objective, the Department of Defense 
shall have goals to use improved management practices to achieve, 
over 10 fiscal years, reductions in the total amount that would 
otherwise be expended by the Department for the procurement 
of services (other than military construction) in a fiscal year by 
the amount equal to 10 percent of the total amount of the expendi-
tures of the Department for fiscal year 2000 for procurement of 
services (other than military construction), as follows: 
(A) By fiscal year 2002, a three percent reduction. 
(B) By fiscal year 2003, a four percent reduction. 
(C) By fiscal year 2004, a five percent reduction. 
(D) By fiscal year 2011, a ten percent reduction. 
(b) ANNUAL REPORT.—Not later than March 1, 2002, and 
annually thereafter through March 1, 2006, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the progress made toward meeting the objective and goals estab-
lished in subsection (a). Each report shall include, at a minimum, 
the following information: 
(1) A summary of the steps taken or planned to be taken 
in the fiscal year of the report to improve the management 
of procurements of services. 
(2) A summary of the steps planned to be taken in the 
following fiscal year to improve the management of procure-
ments of services. 
(3) An estimate of the amount that will be expended by 
the Department of Defense for procurements of services in 
the fiscal year of the report. 
(4) An estimate of the amount that will be expended by 
the Department of Defense for procurements of services in 
the following fiscal year. 
(5) An estimate of the amount of savings that, as a result 
of improvement of the management practices used by the 
Department of Defense, will be achieved for the procurement 
of services by the Department in the fiscal year of the report 
and in the following fiscal year. 
SEC. 803. COMPETITION REQUIREMENT FOR PURCHASE OF SERVICES 
PURSUANT TO MULTIPLE AWARD CONTRACTS. 
(a) REGULATIONS REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1179 
shall promulgate in the Department of Defense Supplement to 
the Federal Acquisition Regulation regulations requiring competi-
tion in the purchase of services by the Department of Defense 
pursuant to multiple award contracts. 
(b) CONTENT OF REGULATIONS.—(1) The regulations required 
by subsection (a) shall provide, at a minimum, that each individual 
purchase of services in excess of $100,000 that is made under 
a multiple award contract shall be made on a competitive basis 
unless a contracting officer of the Department of Defense— 
(A) waives the requirement on the basis of a determination 
that— 
(i) one of the circumstances described in paragraphs 
(1) through (4) of section 2304c(b) of title 10, United States 
Code, applies to such individual purchase; or 
(ii) a statute expressly authorizes or requires that the 
purchase be made from a specified source; and 
(B) justifies the determination in writing. 
(2) For purposes of this subsection, an individual purchase 
of services is made on a competitive basis only if it is made pursuant 
to procedures that— 
(A) require fair notice of the intent to make that purchase 
(including a description of the work to be performed and the 
basis on which the selection will be made) to be provided 
to all contractors offering such services under the multiple 
award contract; and 
(B) afford all contractors responding to the notice a fair 
opportunity to make an offer and have that offer fairly consid-
ered by the official making the purchase. 
(3) Notwithstanding paragraph (2), notice may be provided 
to fewer than all contractors offering such services under a multiple 
award contract described in subsection (c)(2)(A) if notice is provided 
to as many contractors as practicable. 
(4) A purchase may not be made pursuant to a notice that 
is provided to fewer than all contractors under paragraph (3) 
unless— 
(A) offers were received from at least three qualified con-
tractors; or 
(B) a contracting officer of the Department of Defense 
determines in writing that no additional qualified contractors 
were able to be identified despite reasonable efforts to do so. 
(c) DEFINITIONS.—In this section: 
(1) The term "individual purchase" means a task order, 
delivery order, or other purchase. 
(2) The term "multiple award contract" means— 
(A) a contract that is entered into by the Administrator 
of General Services under the multiple award schedule 
program referred to in section 2302(2)(C) of title 10, United 
States Code; 
(B) a multiple award task order contract that is entered 
into under the authority of sections 2304a through 2304d 
of title 10, United States Code, or sections 303H through 
303K of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253h through 253k); and 
(C) any other indefinite delivery, indefinite quantity 
contract that is entered into by the head of a Federal 
agency with two or more sources pursuant to the same 
solicitation. 
115 STAT. 1180 
PUBLIC LAW 107-107—DEC. 28, 2001 
Effective date. 
Deadline. 
(3) The term "Defense Agency" has the meaning given 
that term in section 101(a)(ll) of title 10, United States Code, 
(d) APPLICABILITY.—^The regulations promulgated by the Sec-
retary pursuant to subsection (a) shall take effect not later than 
180 days after the date of the enactment of this Act and shall 
apply to all individual purchases of services that are made under 
multiple award contracts on or after the effective date, without 
regard to whether the multiple award contracts were entered into 
before, on, or after such effective date. 
SEC, 804. REPORTS ON MATURITY OF TECHNOLOGY AT INITIATION 
OF MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) REPORTS REQUIRED.—Not later than March 1 of each of 
years 2003 through 2006, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the implementation of the require-
ment in paragraph 4.7.3.2.2.2 of Department of Defense Instruction 
5000.2, as in effect on the date of enactment of this Act, that 
technology must have been demonstrated in a relevant environment 
(or, preferably, in an operational environment) to be considered 
mature enough to use for product development in systems integra-
tion. 
(b) CONTENTS OF REPORTS.—Each report required by subsection 
(a) shall— 
(1) identify each case in which a major defense acquisition 
program entered system development 
and 
demonstration 
during the preceding calendar year and into which key tech-
nology has been incorporated that does not meet the techno-
logical maturity requirement described in subsection (a), and 
provide a justification for why such key technology was incor-
porated; and 
(2) identify any determination of technological maturity 
with which the Deputy Under Secretary of Defense for Science 
and Technology did not concur and explain how the issue 
has been or will be resolved. 
(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 
section, the term "major defense acquisition program" has the 
meaning given that term in section 139(a)(2) of title 10, United 
States Code. 
Subtitle B—Use of Preferred Sources 
S E C . 811. APPLICABILITY OF COMPETITION REQUIREMENTS TO PUR-
CHASES FROM A REQUIRED SOURCE. 
(a) CONDITIONS FOR COMPETITION.—(1) Chapter 141 of title 
10, United States Code, is amended by adding at the end the 
following: 
"§ 2410n. Products of Federal Prison Industries: procedural 
requirements 
"(a) MARKET RESEARCH BEFORE PURCHASE.—Before purchasing 
a product listed in the latest edition of the Federal Prison Industries 
catalog under section 4124(d) of title 18, the Secretary of Defense 
shall conduct market research to determine whether the Federal 
Prison Industries product is comparable in price, quality, and time 
of delivery to products available from the private sector. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1181 
"(b) LIMITED COMPETITION REQUIREMENT.—If the Secretary 
determines that a Federal Prison Industries product is not com-
parable in price, quality, and time of delivery to products available 
from the private sector, the Secretary shall use competitive proce-
dures for the procurement of the product. In conducting such a 
competition, the Secretary shall consider a timely offer from Federal 
Prison Industries for award in accordance with the specifications 
and evaluation factors specified in the solicitation.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following: 
"2410n. Products of Federal Prison Industries: procedural requirements.". 
(b) APPLICABILITY.—Section 2410n of title 10, United States 
iousc24iOn 
Code (as added by subsection (a)), shall apply to purchases initiated ^^ote. 
on or after October 1, 2001. 
SEC. 812. EXTENSION OF MENTOR-PROTEGE PROGRAM. 
Section 831 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended— 
(1) in subsection (j)— 
(A) in paragraph (1), by striking "September 30, 2002" 
and inserting "September 30, 2005"; and 
(B) in paragraph (2), by striking "September 30, 2005" 
and inserting "September 30, 2008"; and 
(2) in subsection (1)(3), by striking "2004" and inserting 
"2007". 
SEC. 813. INCREASE 
OF 
ASSISTANCE 
LIMITATION 
REGARDING 
PROCUREMENT TECHNICAL ASSISTANCE PROGRAM. 
Section 2414(a)(1) of title 10, United States Code, is amended 
by striking "$300,000" and inserting "$600,000". 
Subtitle C—^Amendments to General Con-
tracting Authorities, Procedures, and Re-
lated Matters 
SEC. 821. AMENDMENTS 
TO 
CONFORM 
WITH 
ADMINISTRATIVE 
CHANGES IN ACQUISITION PHASE AND MILESTONE TERMI-
NOLOGY AND TO MAKE RELATED ADJUSTMENTS IN CER-
TAIN 
REQUIREMENTS 
APPUCABLE 
AT 
MILESTONE 
TRANSITION POINTS. 
(a) ACQUISITION PHASE TERMINOLOGY.—^The following provi-
sions of title 10, United States Code, are amended by striking 
"engineering and manufacturing development" each place it appears 
and inserting "system development and demonstration": sections 
2366(c) and 2434(a), and subsections (b)(3)(A)(i), (c)(3)(A), and (h)(1) 
of section 2432. 
(b) MILESTONE TRANSITION POINTS.—(1) Section 811(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-211), is amended by striking "Milestone I approval, Mile-
stone II approval, or Milestone III approval (or the equivalent) 
of a major automated information system" and inserting "approval 
of a major automated information system at Milestone B or C 
or for full rate production, or an equivalent approval,". 
115 STAT. 1182 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
(2) Department of Defense Directive 5000.1, as revised in 
accordance with subsection (b) of section 811 of such Act, shall 
be further revised as necessary to comply with subsection (c) of 
such section, as amended by paragraph (1), within 60 days after 
the date of the enactment of this Act. 
(c) ADJUSTMENTS TO REQUIREMENT FOR DETERMINATION OF 
QUANTITY FOR LOW-RATE INITIAL PRODUCTION.—Section 2400(a) of 
title 10, United States Code, is amended— 
(1) by striking "milestone 11" each place it appears in 
paragraphs (1)(A), (2), (4) and (5) and inserting "milestone 
B"; and 
(2) in paragraph (2), by striking "engineering and manufac-
turing development" and inserting "system development and 
demonstration". 
(d) ADJUSTMENTS TO REQUIREMENTS FOR BASELINE DESCRIP-
TION AND THE RELATED LIMITATION.—Section 2435 of title 10, 
United States Code, is amended— 
(1) in subsection (b), by striking "engineering and manufac-
turing development" and inserting "system development and 
demonstration"; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking "demonstration and 
validation" and inserting "system development and dem-
onstration"; 
(B) in paragraph (2), by striking "engineering and 
manufacturing development" and inserting "production and 
deployment"; and 
(C) in paragraph (3), by striking "production and 
deplo3mient" and inserting "full rate production". 
SEC. 
822. 
FOLLOW-ON PRODUCTION CONTRACTS FOR PRODUCTS 
DEVELOPED 
PURSUANT 
TO 
PROTOTYPE 
PROJECTS. 
Section 845 of the National Defense Authorization Act for Fiscal 
Year 1994 (10 U.S.C. 2371 note) is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
"(f) FOLLOW-ON PRODUCTION CONTRACTS.—(1) A transaction 
entered into under this section for a prototype project that satisfies 
the conditions set forth in subsection (d)(l)(B)(i) may provide for 
the award of a follow-on production contract to the participants 
in the transaction for a specific number of units at specific target 
prices. The number of units specified in the transaction shall be 
determined on the basis of a balancing of the level of the investment 
made in the project by the participants other than the Federal 
Government with the interest of the Federal Government in having 
competition among sources in the acquisition of the product or 
products prototyped under the project. 
"(2) A follow-on production contract provided for in a transaction 
under paragraph (1) may be awarded to the participants in the 
transaction without the use of competitive procedures, notwith-
standing the requirements of section 2304 of title 10, United States 
Code, if— 
"(A) competitive procedures were used for the selection 
of parties for participation in the transaction; 
"(B) the participants in the transaction successfully com-
pleted the protot5T)e project provided for in the transaction; 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1183 
"(C) the number of units provided for in the follow-on 
production contract does not exceed the number of units speci-
fied in the transaction for such a follow-on production contract; 
and 
"(D) the prices established in the follow-on production con-
tract do not exceed the target prices specified in the transaction 
for such a follow-on production contract.". 
SEC. 823. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED 
PROCEDURES TO CERTAIN COMMERCIAL ITEMS. 
Section 4202 of the Clinger-Cohen Act of 1996 (divisions D 
and E of Public Law 104^106; 110 Stat. 652; 10 U.S.C. 2304 
note) is amended in subsection (e) by striking "January 1, 2002" 
and inserting "January 1, 2003". 
SEC. 824. ACQUISITION WORKFORCE QUALIFICATIONS. 
(a) QUALIFICATIONS.—Section 1724 of title 10, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) by striking the matter preceding paragraph (1) 
and inserting the following: 
"(a) CONTRACTING OFFICERS.—^The Secretary of Defense shall 
require that, in order to qualify to serve in an acquisition position 
as a contracting officer with authority to award or administer 
contracts for amounts above the simplified acquisition threshold 
referred to in section 2304(g) of this title, an employee of the 
Department of Defense or member of the armed forces (other than 
the Coast Guard) must, except as provided in subsections (c) and 
(d)-"; 
(B) in paragraph (1)— 
(i) by striking "mandatory"; and 
(ii) by striking "at the grade level" and all that 
follows and inserting "(A) in the case of an employee, 
serving in the position within the grade of the General 
Schedule in which the employee is serving, and (B) 
in the case of a member of the armed forces, in the 
member's grade;"; and 
(C) in paragraph (3)(A), by inserting a comma after 
"business"; 
(2) by striking subsection (b) and inserting the following 
new subsection: 
"(b) GS-1102 SERIES POSITIONS AND SIMILAR MILITARY POSI-
TIONS.—(1) The Secretary of Defense shall require that in order 
to qualify to serve in a position in the Department of Defense 
that is in the GS-1102 occupational series an employee or potential 
employee of the Department of Defense meet the requirements 
set forth in paragraph (3) of subsection (a). The Secretary may 
not require that in order to serve in such a position an employee 
or potential employee meet any of the requirements of paragraphs 
(1) and (2) of that subsection. 
"(2) The Secretary of Defense shall require that in order for 
a member of the armed forces to be selected for an occupational 
specialty within the armed forces that (as determined by the Sec-
retary) is similar to the GS-1102 occupational series a member 
of the armed forces meet the requirements set forth in paragraph 
(3) of subsection (a). The Secretary may not require that in order 
to be selected for such an occupational specialty a member meet 
115 STAT. 1184 
PUBLIC LAW 107-107—DEC. 28, 2001 
any of the requirements of paragraphs (1) and (2) of that sub-
section."; and 
(3) by striking subsections (c) and (d) inserting the following 
new subsections: 
"(c) EXCEPTIONS.—The qualification requirements imposed by 
the Secretary of Defense pursuant to subsections (a) and (b) shall 
not apply to an employee of the Department of Defense or member 
of the armed forces who— 
"(1) served as a contracting officer with authority to award 
or administer contracts in excess of the simplified acquisition 
threshold on or before September 30, 2000; 
"(2) served, on or before September 30, 2000, in a position 
either as an employee in the GS-1102 series or as a member 
of the armed forces in a similar occupational specialty; 
"(3) is in the contingency contracting force; or 
"(4) is described in subsection (e)(1)(B). 
"(d) WAIVER.—^The acquisition career program board concerned 
may waive any or all of the requirements of subsections (a) and 
(b) with respect to an employee of the Department of Defense 
or member of the armed forces if the board certifies that the 
individual possesses significant potential for advancement to levels 
of greater responsibility and authority, based on demonstrated job 
performance and qualifying experience. With respect to each waiver 
granted under this subsection, the board shall set forth in a written 
document the rationale for its decision to waive such requirements. 
Such document shall be submitted to and retained by the Director 
of Acquisition Education, Training, and Career Development. 
"(e) 
DEVELOPMENTAL OPPORTUNITIES.—(1) 
The 
Secretary 
of 
Defense may— 
"(A) establish or continue one or more programs for the 
purpose of recruiting, selecting, appointing, educating, quali-
fying, and developing the careers of individuals to meet the 
requirements in subparagraphs (A) and (B) of subsection (a)(3); 
"(B) appoint individuals to developmental positions in those 
programs; and 
"(C) separate from the civil service after a three-year proba-
tionary period any individual appointed under this subsection 
who fails to meet the requirements described in subsection 
(a)(3). 
"(2) To qualify for any developmental program described in 
paragraph (1)(B), an individual shall have— 
"(A) been awarded a baccalaureate degree, with a grade 
point average of at least 3.0 (or the equivalent), from an accred-
ited institution of higher education authorized to grant bacca-
laureate degrees; or 
"(B) completed at least 24 semester credit hours or the 
equivalent of study from an accredited institution of higher 
education in any of the disciplines of accounting, business, 
finance, law, contracts, purchasing, economics, 
industrial 
management, marketing, quantitative methods, or organization 
and management. 
"(f) CONTINGENCY CONTRACTING FORCE.—The Secretary shall 
establish qualification requirements fov the contingency contracting 
force consisting of members of the armed forces whose mission 
is to deploy in support of contingency operations and other oper-
ations of the Department of Defense, including— 
•:.-i-^Vfe.4--^^#^r 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1185 
"(1) completion of at least 24 semester credit hours or 
the equivalent of study from an accredited institution of higher 
education or similar educational institution in any of the dis-
ciplines of accounting, business, finance, law, contracts, pur-
chasing, economics, industrial management, marketing, quan-
titative methods, or organization and management; or 
"(2) passing an examination that demonstrates skills, 
knowledge, or abilities comparable to that of an individual 
who has completed at least 24 semester credit hours or the 
equivalent of study in any of the disciplines described in para-
graph (1).". 
(b) CLERICAL AMENDMENT.—Section 1732(c)(2) of such title is 
amended by inserting a comma after "business". 
SEC. 825. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF 
THE ACQUISITION 2005 TASK FORCE. 
(a) REQUIREMENT FOR REPORT.—Not later than March 1, 2002, Deadline, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the extent of the implementation of the recommendations set 
forth in the final report of the Department of Defense Acquisition 
2005 Task Force, entitled "Shaping the Civilian Acquisition 
Workforce of the Future". 
(b) CONTENT OF REPORT.—The report shall include the fol-
lowing: 
(1) For each recommendation in the final report that is 
being implemented or that the Secretary plans to implement— 
(A) a summary of all actions that have been taken 
to implement the recommendation; and 
(B) a schedule, with specific milestones, for completing 
the implementation of the recommendation. 
(2) For each recommendation in the final report that the 
Secretary does not plan to implement— 
(A) the reasons for the decision not to implement the 
recommendation; and 
(B) a summary of any alternative actions the Secretary 
plans to take to address the purposes underlying the rec-
ommendation. 
(3) A summary of any additional actions the Secretary 
plans to take to address concerns raised in the final report 
about the size and structure of the acquisition workforce of 
the Department of Defense. 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 60 days Deadline. 
after the date on which the Secretary submits the report required 
by subsection (a), the Comptroller General shall— 
(1) review the report; and 
(2) submit to the committees referred to in subsection (a) 
the Comptroller General's assessment of the extent to which 
the report— 
(A) complies with the requirements of this section; 
and 
(B) addresses the concerns raised in the final report 
about the size and structure of the acquisition workforce 
of the Department of Defense. 
115 STAT. 1186 
PUBLIC LAW 107-107—DEC. 28, 2001 
Subtitle D—Other Matters 
SEC. 831. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGEN-
CIES IN PAYMENTS TO CONTRACTORS AND RECOVERY OF 
AMOUNTS ERRONEOUSLY PAID. 
(a) PROGRAM REQUIRED.—(1) Chapter 35 of title 31, United 
States Code, is amended by adding at the end the following new 
subchapter: 
"SUBCHAPTER 
VI—RECOVERY 
AUDITS 
"§ 3561. Identincation of errors made by executive agencies 
in payments to contractors and recovery 
of 
amounts erroneously paid 
"(a) PROGRAM REQUIRED.—The head of each executive agency 
that enters into contracts with a total value in excess of 
$500,000,000 in a fiscal year shall carry out a cost-effective program 
for identifying any errors made in paying the contractors and for 
recovering any amounts erroneously paid to the contractors. 
"(b) RECOVERY AUDITS AND ACTIVITIES.—A program of an execu-
tive agency under subsection (a) shall include recovery audits and 
recovery activities. The head of the executive agency shall deter-
mine, in accordance with guidance provided under subsection (c), 
the classes of contracts to which recovery audits and recovery 
activities are appropriately applied. 
"(c) 0MB GUIDANCE.—^The Director of the Office of Management 
and Budget shall issue guidance for the conduct of programs under 
subsection (a). The guidance shall include the following: 
"(1) Definitions of the terms 'recovery audit' and 'recovery 
activity* for the purposes of the programs. 
"(2) The classes of contracts to which recovery audits and 
recovery activities are appropriately applied under the pro-
grams. 
"(3) Protections for the confidentiality of— 
"(A) sensitive financial information that has not been 
released for use by the general public; and 
"(B) information that could be used to identify a person. 
"(4) Policies and 
procedures 
for 
ensuring 
that 
the 
implementation of the programs does not result in duplicative 
audits of contractor records. 
"(5) Policies regarding the types of contracts executive agen-
cies may use for the procurement of recovery services, including 
guidance for use, in appropriate circumstances, of a contingency 
contract pursuant to which the head of an executive agency 
may pay a contractor an amount equal to a percentage of 
the total amount collected for the United States pursuant to 
that contract. 
"(6) Protections for a contractor's records and facilities 
through restrictions on the authority of a contractor under 
a contract for the procurement of recovery services for an 
executive agency— 
"(A) to require the production of any record or informa-
tion by any person other than an officer, employee, or 
agent of the executive agency; 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1187 
"(B) to establish, or otherwise have, a physical presence 
on the property or premises of any private sector entity 
for the purposes of performing the contract; or 
"(C) to act as agents for the Government in the recovery 
of funds erroneously paid to contractors. 
"(7) Policies for the appropriate types of management 
improvement programs authorized by section 3564 of this title 
that executive agencies may carry out to address overpayment 
problems and the recovery of overpayments. 
"§ 3562. Disposition of recovered funds 
"(a) AVAILABILITY OF FUNDS FOR RECOVERY AUDITS AND ACTIVI-
TIES PROGRAM.—Funds collected under a program carried out by 
an executive agency under section 3561 of this title shall be avail-
able to the executive agency for the following purposes: 
"(1) To reimburse the actual expenses incurred by the 
executive agency in the administration of the program. 
"(2) To pay contractors for services under the program 
in accordance with the guidance issued under section 3561(c)(5) 
of this title. 
"(b) FUNDS NOT USED FOR PROOHAM.^Any amounts erro-
neously paid by an executive agency that are recovered under 
such a program of an executive agency and are not used to 
reimburse expenses or pay contractors under subsection (a)— 
"(1) shall be credited to the appropriations from which 
the erroneous payments were made, shall be merged with other 
amounts in those appropriations, and shall be available for 
the purposes and period for which such appropriations are 
available; or 
"(2) if no such appropriation remains available, shall be 
deposited in the Treasury as miscellaneous receipts. 
"(c) PRIORITY OF OTHER AUTHORIZED DISPOSITIONS.—Notwith-
standing subsection (b), the authority under such subsection may 
not be exercised to use, credit, or deposit funds collected under 
such a program as provided in that subsection to the extent that 
any other provision of law requires or authorizes the crediting 
of such funds to a nonappropriated fund instrumentality, revolving 
fund, working-capital fund, trust fund, or other fund or account. 
"§ 3563. Sources of recovery services 
"(a) CONSIDERATION OF AVAILABLE RECOVERY RESOURCES.—(1) 
In carrying out a program under section 3561 of this title, the 
head of an executive agency shall consider all resources available 
to that official to carry out the program. 
"(2) The resources considered by the head of an executive 
agency for carrying out the program shall include the resources 
available to the executive agency for such purpose from the following 
sources: 
"(A) The executive agency. 
"(B) Other departments and agencies of the United States. 
"(C) Private sector sources. 
"(b) COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS.— 
Before entering into a contract with a private sector source for 
the performance of services under a program of the executive agency 
carried out under section 3561 of this title, the head of an executive 
agency shall comply with— 
115 STAT. 1188 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
31 u s e 3561 
note. 
"(1) any otherwise applicable provisions of Office of 
Management and Budget Circular A-76; and 
"(2) any other applicable provision of law or regulation 
with respect to the selection between employees of the United 
States and private sector sources for the performance of serv-
ices. 
*'§ 3564. Management improvement programs 
"In accordance with guidance provided by the Director of the 
Office of Management and Budget under section 3561 of this title, 
the head of an executive agency required to carry out a program 
under such section 3561 may carry out a program for improving 
management processes within the executive agency— 
"(1) to address problems that contribute directly to the 
occurrence of errors in the paying of contractors of the executive 
agency; or 
"(2) to improve the recovery of overpayments due to the 
agency. 
*'§ 3565. Relationship to authority of inspectors general 
"Nothing in this subchapter shall be construed as impairing 
the authority of an Inspector General under the Inspector General 
Act of 1978 or any other provision of law. 
"§ 3566. Privacy protections 
"Any nongovernmental entity that, in the course of recovery 
auditing or recovery activity under this subchapter, obtains informa-
tion that identifies an individual or with respect to which there 
is a reasonable basis to believe that the information can be used 
to identify an individual, may not disclose the information for 
any purpose other than such recovery auditing or recovery activity 
and governmental oversight of such activity, unless disclosure for 
that other purpose is authorized by the individual to the executive 
agency that contracted for the performance of the recovery auditing 
or recovery activity. 
"§ 3567. DeHnition of executive agency 
"Notwithstanding section 102 of this title, in this subchapter, 
the term 'executive agency* has the meaning given that term in 
section 4(1) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(1)).". 
(2) The table of sections at the beginning of chapter 35 of 
such title is amended by adding at the end the following: 
"SUBCHAPTER 
VI—RECOVERY 
AUDITS 
"3561. Identification of errors made by executive agencies in payments to contrac-
tors and recovery of amounts erroneously paid. 
"3562. Disposition of recovered funds. 
"3563. Sources of recovery services. 
"3564. Management improvement programs. 
"3565. Relationship to authority of inspectors general. 
"3566. Privacy protections. 
"3567. Definition of executive agency.". 
(b) REPORTS.—(1) Not later than 30 months after the date 
of the enactment of this Act, and annually for each of the first 
two years following the year of the first report, the Director of 
the Office of Management and Budget shall submit to the Com-
mittee on Government Reform of the House of Representatives 
and the Committee on Governmental Affairs of the Senate, a report 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1189 
on the implementation of subchapter VI of chapter 35 of title 
31, United States Code (as added by subsection (a)). 
(2) Each report shall include— 
(A) a general description and evaluation of the steps taken 
by the heads of executive agencies to carry out the programs 
under such subchapter, including any management improve-
ment programs carried out under section 3564 of such title 
31; 
(B) the costs incurred by executive agencies to carry out 
the programs under such subchapter; and 
(C) the amounts recovered under the programs under such 
subchapter. 
(c) CONFORMING AMENDMENT.—Section 3501 of such title is 
amended by inserting "and subchapter VI" after "section 3513". 
SEC. 832. CODIFICATION AND MODIFICATION OF PROVISION OF LAW 
KNOWN AS THE "BERRY AMENDMENT". 
(a) BUY AMERICAN REQUIREMENTS.—(1) Chapter 148 of title 
10, United States Code, is amended by inserting after section 2533 
the following new section: 
'*§ 2533a. Requirement to buy certain articles from American 
sources; exceptions 
"(a) REQUIREMENT.—Except as provided in subsections (c) 
through (h), funds appropriated or otherwise available to the 
Department of Defense may not be used for the procurement of 
an item described in subsection (b) if the item is not grown, 
reprocessed, reused, or produced in the United States. 
"(b) COVERED ITEMS.—^An item referred to in subsection (a) 
is any of the following: 
"(1) An article or item of— 
"(A) food; 
"(B) clothing; 
"(C) tents, tarpaulins, or covers; 
"(D) cotton and other natural fiber products, woven 
silk or woven silk blends, spun silk yarn for cartridge 
cloth, synthetic fabric or coated synthetic fabric (including 
all textile fibers and yarns that are for use in such fabrics), 
canvas products, or wool (whether in the form of fiber 
or yarn or contained in fabrics, materials, or manufactured 
articles); or 
"(E) any item of individual equipment manufactured 
from or containing such fibers, yarns, fabrics, or materials. 
"(2) Specialty metals, including stainless steel 
flatware. 
"(3) Hand or measuring tools. 
"(c) AVAILABILITY EXCEPTION.—Subsection (a) does not apply 
to the extent that the Secretary of Defense or the Secretary of 
the military department concerned determines that satisfactory 
quality and sufficient quantity of any such article or item described 
in subsection (b)(1) or specialty metals (including stainless steel 
flatware) 
grown, reprocessed, reused, or produced in the United 
States cannot be procured as and when needed at United States 
market prices. 
"(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUTSIDE THE 
UNITED STATES.—Subsection (a) does not apply to the following: 
"(1) Procurements outside the United States in support 
of combat operations. 
115 STAT. 1190 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(2) Procurements by vessels in foreign waters. 
"(3) Emergency procurements or procurements of perish-
able foods by an establishment located outside the United 
States for the personnel attached to such establishment. 
"(e) EXCEPTION FOR SPECIALTY METALS AND CHEMICAL WAR-
FARE PROTECTIVE CLOTHING.—Subsection (a) does not preclude the 
procurement of specialty metals or chemical warfare protective 
clothing produced outside the United States if— 
"(1) such procurement is necessary— 
"(A) to comply with agreements with foreign govern-
ments requiring the United States to purchase supplies 
from foreign sources for the purposes of offsetting sales 
made by the United States Government or United States 
firms under approved programs serving defense require-
ments; or 
"(B) in furtherance of agreements with foreign govern-
ments in which both such governments agree to remove 
barriers to purchases of supplies produced in the other 
country or services performed by sources of the other 
country; and 
"(2) any such agreement with a foreign government com-
plies, where applicable, with the requirements of section 36 
of the Arms Export Control Act (22 U.S.C. 2776) and with 
section 2457 of this title. 
"(f) EXCEPTION FOR CERTAIN FOODS.—Subsection (a) does not 
preclude the procurement of foods manufactured or processed in 
the United States. 
"(g) EXCEPTION FOR COMMISSARIES, EXCHANGES, AND OTHER 
NONAPPROPRIATED FUND INSTRUMENTALITIES.—Subsection (a) does 
not apply to items purchased for resale purposes in commissaries, 
exchanges, or nonappropriated fund instrumentalities operated by 
the Department of Defense. 
"(h) EXCEPTION FOR SMALL PURCHASES.—Subsection (a) does 
not apply to purchases for amounts not greater than the simplified 
acquisition threshold referred to in section 2304(g) of this title. 
"(i) 
APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR 
PROCUREMENT OF COMMERCIAL ITEMS.—This section is applicable 
to contracts and subcontracts for the procurement of commercial 
items notwithstanding section 34 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 430). 
"(j) GEOGRAPHIC COVERAGE.—In this section, the term 'United 
States' includes the possessions of the United States.". 
(2) The table of sections at the beginning of subchapter V 
of such chapter is amended by inserting after the item relating 
to section 2533 the following new item: 
"2533a. Requirement to buy certain articles from American sources; exceptions.". 
(b) REPEAL OF SOURCE PROVISIONS.—The following provisions 
of law are repealed: 
(1) Section 9005 of the Department of Defense Appropria-
tions Act, 1993 (Public Law 102-396; 10 U.S.C. 2241 note). 
(2) Section 8109 of the Department of Defense Appropria-
tions Act, 1997 (as contained in section 101(b) of Public Law 
104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note). 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1191 
SEC. 833. PERSONAL SERVICES CONTRACTS TO BE PERFORMED BY 
INDIVIDUALS OR ORGANIZATIONS ABROAD. 
Section 2 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2669) is amended by adding at the end the fol-
lowing: 
"(n) exercise the authority provided in subsection (c), upon 
the request of the Secretary of Defense or the head of any 
other department or agency of the United States, to enter 
into personal service contracts with individuals to perform serv-
ices in support of the Department of Defense or such other 
department or agency, as the case may be.". 
SEC. 834. REQUIREMENTS REGARDING INSENSITIVE MUNITIONS. 
(a) REQUIREMENT TO ENSURE SAFETY.—(1) Chapter 141 of title 
10, United States Code, is amended by inserting after section 2388 
the following new section: 
"§ 2389. Ensuring safety regarding insensitive munitions 
"The Secretary of Defense shall ensure, to the extent prac-
ticable, that insensitive munitions under development or procure-
ment are safe throughout development and fielding when subject 
to unplanned stimuli.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2388 
the following new item: 
"2389. Ensuring safety regarding insensitive munitions.". 
(b) REPORT REQUIREMENT.—^At the same time that the budgets 
lo use 2389 
for fiscal years 2003 through 2005 are submitted to Congress under note, 
section 1105(a) of title 31, United States Code, the Secretary of 
Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on insensitive 
munitions. The reports shall include the following: 
(1) The number of waivers granted pursuant to Department 
of Defense Regulation 5000.2-R (June 2001) during the pre-
ceding fiscal year, together with a discussion of the justifications 
for the waivers. 
(2) Identification of the funding proposed for insensitive 
munitions in the budget with which the report is submitted, 
together with an explanation of the proposed funding. 
SEC. 835. INAPPLICABILITY OF LIMITATION TO SMALL PURCHASES 
OF 
MINIATURE OR INSTRUMENT BALL OR ROLLER 
BEARINGS UNDER CERTAIN CIRCUMSTANCES. 
(a) IN GENERAL.—Section 2534 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
"(j) INAPPLICABILITY TO CERTAIN CONTRACTS TO PURCHASE BALL 
BEARINGS OR ROLLER BEARINGS.—(1) This section does not apply 
with respect to a contract or subcontract to purchase items described 
in subsection (a)(5) (relating to ball bearings and roller bearings) 
for which— 
"(A) the amount of the purchase does not exceed $2,500; 
"(B) the precision level of the ball or roller bearings to 
be procured under the contract or subcontract is rated lower 
than the rating known as Annual Bearing Engineering Com-
mittee (ABEC) 5 or Roller Bearing Engineering Committee 
(RBEC) 5, or an equivalent of such rating; 
115 STAT. 1192 
PUBLIC LAW 107-107—DEC. 28, 2001 
10 use 2534 
note. 
10 use 2302 
note. 
Applicability. 
Deadline. 
Reports. 
"(C) at least two manufacturers in the national technology 
and industrial base that are capable of producing the ball 
or roller bearings have not responded to a request for quotation 
issued by the contracting activity for that contract or sub-
contract; and 
"(D) no bearing to be procured under the contract or sub-
contract has a basic outside diameter (exclusive of flange diame-
ters) in excess of 30 millimeters. 
"(2) Paragraph (1) does not apply to a purchase if such purchase 
would result in the total amount of purchases of ball bearings 
and roller bearings to satisfy requirements under Department of 
Defense contracts, using the authority provided in such paragraph, 
to exceed $200,000 during the fiscal year of such purchase.". 
(b) APPLICABILITY.—-Subsection 0) of such section 2534 (as 
added by subsection (a)) shall apply with respect to a contract 
or subcontract to purchase ball bearings or roller bearings entered 
into after the date of the enactment of this Act. 
SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO 
FACILITATE THE DEFENSE AGAINST TERRORISM OR 
BIOLOGICAL OR CHEMICAL ATTACK 
(a) INCREASED FLEXIBILITY FOR USE OF STREAMLINED PROCE-
DURES.—^The following special authorities apply to procurements 
of property and services by or for the Department of Defense for 
which funds are obligated during fiscal year 2002 and 2003: 
(1) MiCROPURCHASE AND SIMPLIFIED ACQUISITION THRESH-
OLDS.—For any procurement of property or services for use 
(as determined by the Secretary of Defense) to facilitate the 
defense against terrorism or biological or chemical attack 
against the United States— 
(A) the amount specified in subsections (c), (d), and 
(f) of section 32 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 428) shall be deemed to be $15,000 in 
the administration of that section with respect to such 
procurement; and 
(B) the term "simplified acquisition threshold" means, 
in the case of any contract to be awarded and performed, 
or purchase to be made— 
(i) inside the United States in support of a contin-
gency operation, $250,000; or 
(ii) outside the United States in support of a 
contingency operation, $500,000. 
(2) COMMERCIAL ITEM TREATMENT FOR PROCUREMENTS OF 
BIOTECHNOLOGY.—For any procurement of biotechnology prop-
erty or biotechnology services for use (as determined by the 
Secretary of Defense) to facilitate the defense against terrorism 
or biological attack against the United States, the procurement 
shall be treated as being a procurement of commercial items. 
(b) RECOMMENDATIONS FOR ADDITIONAL EMERGENCY PROCURE-
MENT AUTHORITY TO SUPPORT ANTI-TERRORISM OPERATIONS.—Not 
later than March 1, 2002, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report containing the Secretar5^s recommenda-
tions for additional emergency procurement authority that the Sec-
retary (subject to the direction of the President) determines nec-
essary to support operations carried out to combat terrorism. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1193 
(c) TERMINATION OF AUTHORITY.—^No contract may be entered 
into pursuant to the authority provided in subsection (a) after 
September 30, 2003. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Duties and Functions of Department of Defense Officers 
Sec. 901. Deputy Under Secretan^ of Defense for Personnel and Readiness. 
Sec. 902. Sense of Congress on functions of new Office of Force Transformation in 
the Office of the Secretary of Defense. 
Sec. 903. Suspension of reorganization of engineering and technical authority policy 
within the Naval Sea Systems Command pending report to congres-
sional committees. 
Subtitle B—Space Activities 
Sec. 911. Joint management of space programs. 
Sec. 912. Requirement to establish in the Air Force an officer career field for space. 
Sec. 913. Secretary of Defense report on space activities. 
Sec. 914. Comptroller General assessment of implementation of recommendations 
of Space Commission. 
Sec. 915. Sense of Congress regarding officers recommended to be appointed to 
serve as Commander of United States Space Command. 
Subtitle C—Reports 
Sec. 921. Revised requirement for Chairman of the Joint Chiefs of Staff to advise 
Secretary of Defense on the assignment of roles and missions to the 
Armed Forces. 
Sec. 922. Revised requirements for content of annual report on joint warfighting ex-
perimentation. 
Sec. 923. Repeal of requirement for one of three remaining required reports on ac-
tivities of Joint Requirements Oversight Council. 
Sec. 924. Revised joint report on establishment of national collaborative informa-
tion analysis capability. 
Subtitle D—Other Matters 
Sec. 931. Conforming amendments relating to change of name of Military Airlift 
Command to Air Mobihty Command. 
Sec. 932. Organizational reaUgnment for Navy Director for Expeditionary Warfare. 
Subtitle A—Duties and Functions of 
Department of Defense Officers 
SEC. 901. 
DEPUTY 
UNDER 
SECRETARY 
OF 
DEFENSE 
FOR 
PERSONNEL 
AND 
READINESS. 
(a) ESTABLISHMENT OF POSITION.—(1) Chapter 4 of title 10, 
United States Code, is amended by inserting after section 136 
the following new section: 
*
*
§ 136a. Deputy Under Secretary of Defense for Personnel 
and Readiness 
"(a) There is a Deputy Under Secretary of Defense for Personnel 
President. 
and Readiness, appointed from civilian life by the President, by Congress. 
and with the advice and consent of the Senate. 
"(b) The Deputy Under Secretary of Defense for Personnel 
and Readiness shall assist the Under Secretary of Defense for 
Personnel and Readiness in the performance of the duties of that 
position. The Deputy Under Secretary of Defense for Personnel 
and Readiness shall act for, and exercise the powers of, the Under 
Secretary when the Under Secretary is absent or disabled.". 
115 STAT. 1194 
PUBLIC LAW 107-107—DEC. 28, 2001 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 136 
the following new item: 
"136a. Deputy Under Secretary of Defense for Personnel and Readiness.". 
(b) EXECUTIVE LEVEL IV.—Section 5315 of title 5, United States 
Code, is amended by inserting after "Deputy Under Secretary of 
Defense for Policy." the following: 
"Deputy Under Secretary of Defense for Personnel and 
Readiness.". 
(c) 
REDUCTION IN NUMBER OF ASSISTANT SECRETARIES OF 
DEFENSE.—(1) Section 138(a) of title 10, United States Code, is 
amended by striking "nine" and inserting "eight". 
(2) Section 5315 of title 5, United States Code, is amended 
by striking "(9)" after "Assistant Secretaries of Defense" and 
inserting "(8)". 
5 use 5315 note. 
(d) EFFECTIVE DATE.—^The amendments made by subsection 
(c) shall take effect on the date on which a person is first appointed 
as Deputy Under Secretary of Defense for Personnel and Readiness. 
SEC. 902. SENSE OF CONGRESS ON FUNCTIONS OF NEW OFFICE OF 
FORCE TRANSFORMATION IN THE OFFICE OF THE SEC-
RETARY OF DEFENSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The Armed Forces should give careful consideration 
to implementing transformation to meet operational challenges 
and exploit opportunities resulting from changes in the threat 
environment and the emergence of new technologies. 
(2) The Department of Defense 2001 Quadrennial Defense 
Review Report, issued by the Secretary of Defense on September 
30, 2001, states that "The purpose of transformation is to 
maintain or improve U.S. military preeminence in the face 
of potential disproportionate discontinuous changes in the stra-
tegic environment. Transformation must therefore be focused 
on emerging strategic and operational challenges and the 
opportunities created by these challenges.". 
(3) That report further states that "To support the trans-
formation effort, and to foster innovation and experimentation, 
the Department will establish a new office reporting directly 
to the Secretary and Deputy Secretary of Defense.". 
(b) SENSE OF CONGRESS ON FUNCTIONS OF OFFICE OF FORCE 
TRANSFORMATION.—It is the sense of Congress that the Director 
of the Office of Force Transformation within the Office of the 
Secretary of Defense should advise the Secretary on— 
(1) development of force transformation strategies to ensure 
that the military of the future is prepared to dissuade potential 
military competitors and, if that fails, to fight and win decisively 
across the spectrum of future conflict; 
(2) ensuring a continuous and broadly focused trans-
formation process; 
(3) service and joint acquisition and 
experimentation 
efforts, funding for experimentation efforts, promising oper-
ational concepts and technologies, and other transformation 
activities, as appropriate; and 
(4) development of service and joint operational concepts, 
transformation implementation strategies, and risk manage-
ment strategies. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1195 
(c) SENSE OF CONGRESS ON FUNDING.—It is the sense of Con-
gress that the Secretary of Defense should consider providing 
funding adequate for sponsoring selective prototyping efforts, war 
games, and studies and analyses and for appropriate staffing, as 
recommended by the Director of the Office of Force Transformation 
referred to in subsection (b). 
SEC. 903. SUSPENSION OF REORGAMZATION OF ENGINEERING AND 
TECHNICAL AUTHORITY POLICY WITHIN THE NAVAL SEA 
SYSTEMS COMMAND PENDING REPORT TO CONGRES-
SIONAL COMMITTEES. 
(a) SUSPENSION OF REORGANIZATION.—During the period speci-
fied in subsection (b), the Secretary of the Navy may not grant 
final approval for any reorganization in engineering or technical 
authority policy for the Naval Sea Systems Command or any of 
the subsidiary activities of that command. 
(b) REPORT.—Subsection (a) applies during the period beginning Applicability. 
on the date of the enactment of this Act and ending 45 days Effective date. 
after the date on which the Secretary submits to the congressional 
ja™"^ 
defense committees a report that sets forth in detail the Navy's 
plans and justification for the reorganization of engineering and 
technical authority policy within the Naval Sea Systems Command. 
Subtitle B—Space Activities 
SEC. 911. JOINT MANAGEMENT OF SPACE PROGRAMS. 
(a) IN GENERAL.—Part IV of subtitle A of title 10, United 
States Code, is amended by inserting after chapter 134 the following 
new chapter: 
"CHAPTER 135—SPACE PROGRAMS 
"Sec. 
"2271. Management of space programs: joint program offices and officer manage-
ment programs. 
"§2271. Management of space 
programs: joint 
program 
offices and officer management programs 
"(a) JOINT PROGRAM OFFICES.—^The Secretary of Defense shall 
take appropriate actions to ensure, to the maximum extent prac-
ticable, that space development and acquisition programs of the 
Department of Defense are carried out through joint program 
offices. 
"(b) OFFICER MANAGEMENT PROGRAMS.—(1) The Secretary of 
Defense shall take appropriate actions to ensure, to the maximum 
extent practicable, that— 
"(A) Army, Navy, and Marine Corps officers, as well as 
Air Force officers, are assigned to the space development and 
acquisition programs of the Department of Defense; and 
"(B) Army, Navy, and Marine Corps officers, as well as 
Air Force officers, are eligible, on the basis of qualification, 
to hold leadership positions within the joint program offices 
referred to in subsection (a). 
"(2) The Secretary of Defense shall designate those positions 
in the Office of the National Security Space Architect of the Depart-
ment of Defense (or any successor office) that qualify as joint 
duty assignment positions for purposes of chapter 38 of this title.". 
115 STAT. 1196 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) CLERICAL AMENDMENT.—The tables of chapters at the begin-
ning of such subtitle and the beginning of part IV of such subtitle 
are amended by inserting after the item relating to chapter 134 
the following new item: 
"135. Space Programs 
2271". 
SEC. 912. REQUIREMENT TO ESTABLISH IN THE AIR FORCE AN 
OFFICER CAREER FIELD FOR SPACE. 
(a) IN GENERAL.—Chapter 807 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 8084. Officer career field for space 
Policies and 
"The Secretary of the Air Force shall establish and implement 
procedures. 
policies and procedures to develop a career field for officers in 
the Air Force with technical competence in space-related matters 
to have the capabilty to— 
"(1) develop space doctrine and concepts of space operations; 
"(2) develop space systems; and 
"(3) operate space systems.". 
(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: 
"8084. Officer career field for space.". 
SEC. 913. SECRETARY OF DEFENSE REPORT ON SPACE ACTIVITIES. 
Deadline. 
(a) REPORT.—(1) Not later than March 15, 2002, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report on problems in the management and 
organization of the Department of Defense for space activities that 
were identified in the report of the Space Commission, including 
a description of the actions taken by the Secretary to address 
those problems. 
(2) For purposes of paragraph (1), the term "report of the 
Space Commission" means the report of the Commission To Assess 
United States National Security Space Management and Organiza-
tion, dated January 11, 2001, and submitted to Congress under 
section 1623 of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106-65; 113 Stat. 815). 
(b) MATTERS TO BE INCLUDED.—^The report of the Secretary 
of Defense under subsection (a) shall include a description of, and 
rationale for, each of the following: 
(1) Actions taken by the Secretary of Defense to realign 
management authorities and responsibilities for space programs 
of the Department of Defense. 
(2) Steps taken to— 
(A) establish a career field for officers in the Air Force 
with technical competence in space-related matters, in 
accordance with section 8084 of title 10, United States 
Code, as added by section 912; 
(B) ensure that officers in that career field are treated 
fairly and objectively within the overall Air Force officer 
personnel system; and 
(C) ensure that the primary responsibility for manage-
ment of that career field is assigned appropriately. 
(3) Other steps taken within the Air Force to ensure proper 
priority for development of space systems. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1197 
(4) Steps taken to ensure that the interests of the Army, 
the Navy, and the Marine Corps in development and acquisition 
of space systems, and in the operations of space systems, are 
protected. 
(5) Steps taken by the Office of the Secretary of Defense 
and the miHtary departments to ensure that the Army, Navy, 
and Marine Corps continue to develop military and civilian 
personnel with the required expertise in space system develop-
ment, acquisition, management, and operation. 
(6) Steps taken to ensure adequate oversight by the Office 
of the Secretary of Defense of the actions of the Under Secretary 
of the Air Force as the acquisition executive for Department 
of Defense space programs. 
(7) Steps taken to improve oversight of the level of funding 
provided for space programs and the level of personnel 
resources provided for space programs. 
SEC. 914. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTA- 
10USC2271 
TION OF RECOMMENDATIONS OF SPACE COMMISSION. 
note. 
(a) ASSESSMENT.—(1) The Comptroller General shall carry out 
an assessment through February 15, 2003, of the actions taken 
by the Secretary of Defense in implementing the recommendations 
in the report of the Space Commission that are applicable to the 
Department of Defense. 
(2) For purposes of paragraph (1), the term "report of the 
Space Commission" means the report of the Commission To Assess 
United States National Security Space Management and Organiza-
tion, dated January 11, 2001, and submitted to Congress under 
section 1623 of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106-65; 113 Stat. 815). 
(b) REPORTS.—^Not later than February 15 of each of 2002 Deadlines, 
and 2003, the Comptroller General shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the assessment 
carried out under subsection (a). Each report shall set forth the 
results of the assessment as of the date of such report. 
SEC. 915. SENSE 
OF 
CONGRESS 
REGARDING 
OFFICERS 
RECOM-
MENDED TO BE APPOINTED TO SERVE AS COMMANDER 
OF UNITED STATES SPACE COMMAND. 
It is the sense of Congress that the position of commander 
of the United States Space Command, a position of importance 
and responsibility designated by the President under section 601 
of title 10, United States Code, to carry the grade of general 
or admiral and covered by section 604 of that title, relating to 
recommendations by the Secretary of Defense for appointment of 
officers to certain four-star joint officer positions, should be filled 
by the best qualified officer of the Army, Navy, Air Force, or 
Marine Corps, rather than by officers from the same armed force 
that has traditionally provided officers for that position. 
115 STAT. 1198 
PUBLIC LAW 107-107—DEC. 28, 2001 
Subtitle C—Reports 
SEC. 921. REVISED REQUIREMENT FOR CHAIRMAN OF THE JOINT 
CHIEFS OF STAFF TO ADVISE SECRETARY OF DEFENSE 
ON THE ASSIGNMENT OF ROLES AND MISSIONS TO THE 
ARMED FORCES. 
(a) ASSESSMENT DURING QUADRENNIAL DEFENSE REVIEW.—Sec-
tion 118(e) of title 10, United States Code, is amended— 
(1) by inserting "(1)" after "(e) CJCS REVIEW.—"; 
(2) by designating the second and third sentences as para-
graph (3); and 
(3) by inserting after paragraph (1), as designated by para-
graph (1) of this subsection, the following new paragraph: 
"(2) The Chairman shall include as part of that assessment 
the Chairman's assessment of the assignment of functions (or roles 
and missions) to the armed forces, together with any recommenda-
tions for changes in assignment that the Chairman considers nec-
essary to achieve maximum efficiency of the armed forces. In pre-
paring the assessment under this paragraph, the Chairman shall 
consider (among other matters) the following: 
"(A) Unnecessary duplication of effort among the armed 
forces. 
"(B) Changes in technology that can be applied effectively 
to warfare.". 
(b) REPEAL OF REQUIREMENT FOR TRIENNIAL REPORT ON ASSIGN-
MENT OF ROLES AND MISSIONS.—Section 153 of such title is 
amended— 
(1) by striking "(a) PLANNING; ADVICE; POLICY FORMULA-
TION.—^"; and 
(2) by striking subsection (b). 
lOUSCiiSnote. 
(c) ASSESSMENT WiTH RESPECT TO 2001 QDR.—^With respect 
to the 2001 Quadrennial Defense Review, the Chairman of the 
Joint Chiefs of Staff shall submit to Congress a separate assessment 
of functions (or roles and missions) of the Armed Forces in accord-
ance with paragraph (2) of section 118(e) of title 10, United States 
Deadline. 
Code, as added by subsection (a)(3). Such assessment shall be 
based on the findings in the 2001 Quadrennial Defense Review, 
issued by the Secretary of Defense on September 30, 2001, and 
shall be submitted to Congress not later than one year after the 
date of the enactment of this Act. 
SEC. 922. R E V I S E D 
REQUIREMENTS FOR 
CONTENT OF ANNUAL 
REPORT ON JOINT WARFIGHTING EXPERIMENTATION. 
Section 485(b) of title 10, United States Code, is amended— 
(1) in paragraph (4)(E)— 
(A) by inserting "(by lease or by purchase)" after 
"acquire"; and 
(B) by inserting "(including any prototype)" after "or 
equipment"; and 
(2) by adding at the end the following new paragraph: 
"(6) A specific assessment of whether there is a need for 
a major force program for funding— 
"(A) joint warfighting experimentation; and 
"(B) the development and acquisition of any technology 
the value of which has been empirically demonstrated 
through such experimentation.". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1199 
SEC. 923. REPEAL OF REQUIREMENT FOR ONE OF THREE REMAINING 
10 USC 181 note. 
REQUIRED REPORTS ON ACTIVITIES OF JOINT REQUIRE-
MENTS OVERSIGHT COUNCIL. 
Section 916 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-231) is amended— 
(1) in the section heading, by striking 
"SEMIANNUAL 
REPORT" and inserting "REPORTS"; 
(2) in subsection (a)— 
(A) by striking "SEMIANNUAL REPORT" in the subsection 
heading and inserting "REPORTS REQUIRED"; and 
(B) by striking "five semiannual"; and 
(3) in subsection (b)— 
(A) by striking "September 1, 2002,"; and 
(B) by striking the period at the end of the last sentence 
and inserting ", except that the last report shall cover 
all of the preceding fiscal year.". 
SEC. 924. REVISED JOINT REPORT ON ESTABLISHMENT OF NATIONAL 
COLLABORATIVE INFORMATION ANALYSIS CAPABILITY. 
(a) REVISED REPORT.—^At the same time as the submission 
of the budget for fiscal year 2003 under section 1105 of title 31, 
United States Code, the Secretary of Defense and the Director 
of Central Intelligence shall submit to the congressional defense 
committees and the congressional intelligence committees a revised 
report assessing alternatives for the establishment of a national 
collaborative information analysis capability. 
(b) MATTERS INCLUDED.—^The revised report shall cover the 
same matters required to be included in the DOD/CIA report, 
except that the alternative architectures assessed in the revised 
report shall be limited to architectures that include the participation 
of all Federal agencies involved in the collection of intelligence. 
The revised report shall also identify any issues that would require 
legislative or regulatory changes in order to implement the preferred 
architecture identified in the revised report. 
(c) OFFICIALS TO B E CONSULTED.—The revised report shall 
be prepared after consultation with all appropriate Federal officials, 
including the following: 
(1) The Secretary of the Treasury. 
(2) The Secretary of Commerce. 
(3) The Secretary of State. 
(4) The Attorney General. 
(5) The Director of the Federal Bureau of Investigation. 
(6) The Administrator of the Drug Enforcement Administra-
tion. 
(d) DEFINITIONS.—In this section: 
(1) DOD/CIA REPORT.—The term "DOD/CIA report" means 
the joint report required by section 933 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-
237). 
(2) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 
"congressional intelligence committees" means the Select Com-
mittee on Intelligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Representatives. 
115 STAT. 1200 
PUBLIC LAW 107-107—DEC. 28, 2001 
Subtitle D—Other Matters 
SEC. 931. CONFORMING AMENDMENTS RELATING TO CHANGE OF 
NAME OF MILITARY AIRLIFT COMMAND TO AIR MOBILITY 
COMMAND. 
(a) CURRENT REFERENCES IN TITLE 10, UNITED STATES CODE.— 
Section 2554(d) of title 10, United States Code, and section 2555(a) 
of such title (relating to transportation services for international 
Girl Scout events) are amended by striking "Military Airlift Com-
mand" and inserting "Air Mobility Command". 
(b) REPEAL OF OBSOLETE PROVISION.—Section 8074 of such 
title is amended by striking subsection (c). 
(c) REFERENCES IN TITLE 37, UNITED STATES CODE.—Sections 
430(c) and 432(b) of title 37, United States Code, are amended 
by striking "Military Airlift Command" and inserting "Air Mobility 
Command". 
SEC. 932. ORGANIZATIONAL REALIGNMENT FOR NAVY DIRECTOR FOR 
EXPEDITIONARY WARFARE. 
Section 5038(a) of title 10, United States Code, is amended 
by striking "Office of the Deputy Chief of Naval Operations for 
Resources, Warfare Requirements, and Assessments" and inserting 
"office of the Deputy Chief of Naval Operations with responsibility 
for warfare requirements and programs". 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Department of Defense Civilian Personnel 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003. Authorization of supplemental appropriations for fiscal year 2001. 
Sec. 1004. United States contribution to NATO common-funded budgets in fiscal 
year 2002. 
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations for 
fiscal year 2002. 
Sec. 1006. Maximum amount for National Foreign Intelligence Program. 
Sec. 1007. Clarification of applicability of interest penalties for late payment of in-
terim payments due under contracts for services. 
Sec. 1008. Reliability of Department of Defense financial statements. 
Sec. 1009. Financial Management Modernization Executive Committee and finan-
cial feeder systems compliance process. 
Sec. 1010. Authorization of funds for ballistic missile defense programs or com-
bating terrorism programs of the Department of Defense. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1011. AuthoriW to transfer naval vessels to certain foreign countries. 
Sec. 1012. Sale of Glomar Explorer to the lessee. 
Sec. 1013. Leasing of Navy ships for university national oceanographic laboratory 
system. 
Sec. 1014. Increase in limitations on administrative authority of the Navy to settle 
admiralty claims. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension and restatement of authority to provide Department of De-
fense support for counter-drug activities of other governmental agen-
cies. 
Sec. 1022. Extension of reporting requirement regarding Department of Defense ex-
penditures to support foreign counter-drug activities. 
Sec. 1023. Authority to transfer Tracker aircraft currently used by Armed Forces 
for counter-drug purposes. 
Sec. 1024. Limitation on use of funds for operation of Tethered Aerostat Radar Sys-
tem pending submission of required report. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1201 
Subtitle D—Strategic Forces 
Sec. 1031. Repeal of limitation on retirement or dismantlement of strategic nuclear 
delivery systems. 
Sec. 1032. Air Force bomber force structure. 
Sec. 1033. Additional element for revised nuclear posture review. 
Sec. 1034. Report on options for modernization and enhancement of missile wing 
helicopter support. 
Subtitle E—Other Department of Defense Provisions 
Sec. 1041. Secretary of Defense recommendation on need for Department of De-
fense review of proposed Federal agency actions to consider possible 
impact on national defense. 
Sec. 1042. Department of Defense reports to Congress to be accompanied by elec-
tronic version upon request. 
Sec. 1043. Department of Defense gift authorities. 
Sec. 1044. Acceleration of research, development, and production of medical coun-
termeasures for defense against biological warfare agents. 
Sec. 1045. Chemical and biological protective equipment for military personnel and 
civilian employees of the Department of Defense. 
Sec. 1046. Sale of goods and services by Naval Magazine, Indian Island, Alaska. 
Sec. 1047. Report on procedures and guidelines for embarkation of civilian guests 
on naval vessels for public affairs purposes. 
Sec. 1048. Technical and clerical amendments. 
Sec. 1049. Termination of referendum requirement regarding continuation of mili-
tary training on island of Vieques, Puerto Rico, and imposition of addi-
tional conditions on closure of live-fire training range. 
Subtitle F—Other Matters 
Sec. 1061. Assistance for firefighters. 
Sec. 1062. Extension of times for Commission on the Future of the United States 
Aerospace industry to report and to terminate. 
Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund. 
Sec. 1064. Waiver of vehicle weight limits during periods of national emergency. 
Sec. 1065. Repair, restoration, and preservation of Lafayette Escadrille Memorial, 
Mames-la-Coquette, France. 
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 2002 between any such authorizations 
for that fiscal year (or any subdivisions thereof). Amounts of 
authorizations so transferred shall be merged with and be available 
for the same purposes as the authorization to which transferred. 
(2) The total amount of authorizations that the Secretary may 
transfer under the authority of this section may not exceed 
$2,000,000,000. 
(b) LIMITATIONS.—^The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(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 this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
115 STAT. 1202 
PUBLIC LAW 107-107—DEC. 28, 2001 
10 use 114 note. SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the committee of conference to accompany the conference 
report on the bill S. 1438 of the One Hundred Seventh Congress 
and transmitted to the President is hereby incorporated into this 
Act. 
(b) CONSTRUCTION WiTH OTHER PROVISIONS OF ACT.—The 
amounts specified in the Classified Annex are not in addition to 
amounts authorized to be appropriated by other provisions of this 
Act. 
(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursu-
ant to an authorization contained in this Act that are made avail-
able for a program, project, or activity referred to in the Classified 
Annex may only be expended for such program, project, or activity 
in accordance with such terms, conditions, limitations, restrictions, 
and requirements as are set out for that program, project, or activity 
in the Classified Annex. 
President. 
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—^The President shall 
provide for appropriate distribution of the Classified Annex, or 
of appropriate portions of the annex, within the executive branch 
of the Government. 
SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS 
FOR FISCAL YEAR 2001. 
Amounts authorized to be appropriated to the Department of 
Defense for fiscal year 2001 in the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-398) are hereby adjusted, with respect to any 
such authorized amount, by the amount by which appropriations 
pursuant to such authorization were increased (by a supplemental 
appropriation) or decreased (by a rescission), or both, in title I 
of the Supplemental Appropriations Act, 2001 (Public Law 107-
20). 
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-
FUNDED BUDGETS IN FISCAL YEAR 2002. 
(a) FISCAL YEAR 2002 LIMITATION.—^The total amount contrib-
uted by the Secretary of Defense in fiscal year 2002 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 2001, of funds appropriated for fiscal years before 
fiscal year 2002 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), $708,000 
for the Civil Budget. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1203 
(2) 
Of 
the 
amount 
provided 
in 
section 
301(a)(1), 
$175,849,000 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 I998 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. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACE-
KEEPING O P E R A T I O N S F O R FISCAL YEAR 2002. 
(a) LIMITATION.—Of the amounts authorized to be appropriated 
by section 301(a)(24) for the Overseas Contingency Operations 
Transfer Fund— 
(1) no more than $1,315,600,000 may be obligated for incre-
mental costs of the Armed Forces for Bosnia peacekeeping 
operations; and 
(2) no more than $1,528,600,000 may be obligated for incre-
mental costs of the Armed Forces for Kosovo peacekeeping 
operations. 
(b) PRESIDENTIAL WAIVER.—^The President may waive the 
limitation in subsection (a)(1), or the limitation in subsection (a)(2), 
after submitting to Congress the following: 
(1) The President's written certification that the waiver 
is necessary in the national security interests of the United 
States. 
(2) The President's written certification that exercising the 
waiver will not adversely affect the readiness of United States 
military forces. 
(3) A report setting forth the following: 
(A) The reasons that the waiver is necessary in the 
national security interests of the United States. 
(B) The specific reasons that additional funding is 
required for the continued presence of United States mili-
tary forces participating in, or supporting, Bosnia peace-
keeping operations, or Kosovo peacekeeping operations, as 
the case may be, for fiscal year 2002. 
(C) A discussion of the impact on the military readiness 
of United States Armed Forces of the continuing deploy-
ment of United States military forces participating in, or 
supporting, Bosnia peacekeeping operations, or Kosovo 
peacekeeping operations, as the case may be. 
(4) A supplemental appropriations request for the Depart-
ment of Defense for such amounts as are necessary for the 
additional fiscal year 2002 costs associated with United States 
military forces participating in, or supporting, Bosnia or Kosovo 
peacekeeping operations. 
115 STAT. 1204 
PUBLIC LAW 107-107—DEC. 28, 2001 
(c) PEACEKEEPING OPERATIONS DEFINED.—For the purposes of 
this section: 
(1) The term "Bosnia peacekeeping operations" has the 
meaning given such term in section 1004(e) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 2112). 
(2) The term "Kosovo peacekeeping operations"— 
(A) means the operation designated as Operation Joint 
Guardian and any other operation involving the participa-
tion of any of the Armed Forces in peacekeeping or peace 
enforcement activities in and around Kosovo; and 
(B) includes, with respect to Operation Joint Guardian 
or any such other operation, each activity that is directly 
related to the support of the operation. 
SEC. 1006. MAXIMUM 
AMOUNT FOR NATIONAL FOREIGN 
INTEL-
LIGENCE PROGRAM. 
The total amount authorized to be appropriated for the National 
Foreign Intelligence Program for fiscal year 2002 is the sum of 
the following: 
(1) The total amount set forth for the National Foreign 
Intelligence Program for fiscal year 2002 in the message of 
the President to Congress transmitted by the President on 
June 27, 2001, and printed as House Document 107-92, cap-
tioned "Communication of the President of the United States 
Transmitting Requests for Fiscal Year 2002 Budget Amend-
ments for the Department of Defense". 
(2) The total amount, if any, appropriated for the National 
Foreign Intelligence Program for fiscal year 2002 pursuant 
to the 2001 Emergency Supplemental Appropriations Act for 
Recovery from and Response to Terrorist Attacks on the United 
States (Public Law 107-38; 115 Stat. 220-221). 
(3) The total amount, if any, appropriated for the National 
Foreign Intelligence Program for fiscal year 2002 in any law 
making supplemental appropriations for fiscal year 2002 that 
is enacted during the second session of the 107th Congress. 
31 u s e 3902 
SEC. 1007. CLARIFICATION OF APPLICABILITY OF INTEREST PEN-
note. 
ALTIES FOR LATE PAYMENT OF INTERIM PAYMENTS DUE 
UNDER CONTRACTS FOR SERVICES. 
Section 1010(d) 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-251) is amended by inserting 
before the period at the end of the first sentence the following: 
", and shall apply with respect to interim payments that are due 
on or after such date under contracts entered into before, on, 
or after that date". 
10 u s e 2222 
SEC. 1008. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL 
note. 
STATEMENTS. 
DeadHne. 
(a) ANNUAL REPORT ON RELIABILITY.—(1) Not later than Sep-
tember 30 of each year but subject to subsection (f), the Secretary 
of Defense shall submit to the recipients specified in paragraph 
(3) a report on the reliability of the Department of Defense financial 
statements, including the financial statements of each component 
of the Department that is required to prepare a financial statement 
under section 3515(c) of title 31, United States Code. 
(2) The annual report shall contain the following: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1205 
(A) A conclusion regarding whether the policies and proce-
dures of the Department of Defense, and the systems used 
within the Department of Defense, for the preparation of finan-
cial statements allow the achievement of reliability in those 
financial statements. 
(B) For each of the financial statements prepared for the 
Department of Defense for the fiscal year in which the report 
is submitted, a conclusion regarding the expected reliability 
of the financial statement (evaluated on the basis of Office 
of Management and Budget guidance on financial statements), 
together with a discussion of the major deficiencies to be 
expected in the statement. 
(C) A summary of the specific sections of the annual Finan-
cial Management Improvement Plan of the Department of 
Defense, current as of the date of the report, that— 
(i) detail the priorities, milestones, and measures of 
success that apply to the preparation of the financial state-
ments; 
(ii) detail the planned improvements in the process 
for the preparation of financial statements that are to 
be implemented within 12 months after the date on which 
the plan is issued; and 
(iii) provide an estimate of when each financial state-
ment will convey reliable information. 
(3) The annual report shall be submitted to the following: 
(A) The Committee on Armed Services and the Committee 
on Governmental Affairs of the Senate. 
(B) The Committee on Armed Services and the Committee 
on Government Reform of the House of Representatives. 
(C) The Director of the Office of Management and Budget. 
(D) The Secretary of the Treasury. 
(E) The Comptroller General of the United States. 
(4) The Secretary of Defense shall make a copy of the annual 
report available to the Inspector General of the Department of 
Defense. 
(b) 
MINIMIZATION OF USE OF RESOURCES FOR UNRELIABLE 
FINANCIAL STATEMENTS.—(1) With respect to each financial state-
ment for a fiscal year that the Secretary of Defense assesses as 
being expected to be unreliable in the annual report under sub-
section (a), the Under Secretary of Defense (Comptroller) shall 
take appropriate actions to minimize, consistent with the benefits 
to be derived, the resources (including contractor support) that 
are used to develop, compile, and report the financial statement. 
(2) With the annual budget justifications for the Department 
of Defense submitted to Congress each year, the Under Secretary 
of Defense (Comptroller) shall submit, with respect to the fiscal 
year in which submitted, the preceding fiscal year, and the following 
fiscal year, the following information: 
(A) An estimate of the resources that the Department of 
Defense is saving or expects to save as a result of actions 
taken and to be taken under paragraph (1) with respect to 
the preparation of financial statements. 
(B) A discussion of how the resources saved as estimated 
under subparagraph (A) have been redirected or are to be 
redirected from the preparation of financial statements to the 
improvement of systems underl5dng financial management 
within the Department of Defense and to the improvement 
115 STAT. 1206 
PUBLIC LAW 107-107—DEC. 28, 2001 
of financial management policies, procedures, and internal con-
trols within the Department of Defense. 
Deadline. 
(c) INFORMATION TO AUDITORS.—Not later than October 31 of 
each year, the Under Secretary of Defense (Comptroller) and the 
Assistant Secretary of each military department with responsibility 
for financial management and comptroller functions shall each pro-
vide to the auditors of the financial statement of that official's 
department for the fiscal year ending during the preceding month 
that official's preliminary management representation, in writing, 
regarding the expected reliability of the financial statement. The 
representation shall be consistent with guidance issued by the 
Director of the Office of Management and Budget and shall include 
the basis for the reliability assessment stated in the representation, 
(d) LIMITATION ON INSPECTOR GENERAL AUDITS.—(1) On each 
financial statement that an official asserts is unreliable under sub-
section (b) or (c), the Inspector General of the Department of 
Defense shall only perform the audit procedures required by gen-
erally accepted government auditing standards consistent with any 
representation made by management. 
(2) With the annual budget justifications for the Department 
of Defense submitted to Congress each year, the Under Secretary 
of Defense (Comptroller) shall submit, with respect to the fiscal 
year in which submitted, the preceding fiscal year, and the following 
fiscal year, information which the Inspector General shall report 
to the Under Secretary, as follows: 
(A) An estimate of the resources that the Inspector General 
is saving or expects to save as a result of actions taken and 
to be taken under paragraph (1) with respect to the auditing 
of financial statements. 
(B) A discussion of how the resources saved as estimated 
under subparagraph (A) have been redirected or are to be 
redirected from the auditing of financial statements to the 
oversight and improvement of systems underlying 
financial 
management within the Department of Defense and to the 
oversight and improvement of financial management policies, 
procedures, and internal controls within the Department of 
Defense. 
Applicability. 
(e) EFFECTIVE DATE.—^The requirements of this section shall 
apply with respect to financial statements for fiscal years after 
fiscal year 2001 and to the auditing of those financial statements, 
(f) TERMINATION OF APPLICABILITY.—If the Secretary of Defense 
certifies to the Inspector CJeneral of the Department of Defense 
that the financial statement for the Department of Defense, or 
a financial statement for a component of the Department of Defense, 
for a fiscal year is reliable, this section shall not apply with respect 
to that financial statement or to any successive financial statement 
for the Department of Defense, or for that component, as the case 
may be, for any later fiscal year. 
SEC. 1009. FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE 
COMMITTEE AND FINANCIAL FEEDER SYSTEMS COMPLI-
ANCE PROCESS. 
(a) EXECUTIVE COMMITTEE.—(1) Chapter 7 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1207 
"§ 185. Financial 
Management 
Modernization 
Executive 
Committee 
"(a) ESTABLISHMENT OF FINANCIAL MANAGEMENT MODERNIZA-
TION EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall 
establish a Financial Management Modernization Executive Com-
mittee. 
"(2) The Committee shall be composed of the following: 
"(A) The Under Secretary of Defense (Comptroller), who 
shall be the chairman of the committee. 
"(B) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. 
"(C) The Under Secretary of Defense for Personnel and 
Readiness. 
"(D) The Chief Information Officer of the Department of 
Defense. 
"(E) Such additional personnel of the Department of 
Defense (including appropriate personnel of the military depart-
ments and Defense Agencies) as are designated by the Sec-
retary. 
"(3) The Committee shall be accountable to the Senior Executive 
Council (composed of the Secretary of Defense, the Deputy Secretary 
of Defense, the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, the Secretary of the Army, the Secretary 
of the Navy, and the Secretary of the Air Force). 
"(b) DUTIES.—In addition to other matters assigned to it by 
the Secretary of Defense, the Committee shall have the following 
duties: 
"(1) To establish a process that ensures that each critical 
accounting system, financial management system, and data 
feeder system of the Department of Defense is compliant with 
applicable Federal financial management and reporting require-
ments. 
"(2) To develop a management plan for the implementation 
of the financial and data feeder systems compliance process 
established pursuant to paragraph (1). 
"(3) To supervise and monitor the actions that are necessary 
to implement the management plan developed pursuant to 
paragraph (2), as approved by the Secretary of Defense. 
"(4) To ensure that a Department of Defense financial 
management enterprise architecture is developed and main-
tained in accordance with— 
"(A) the 
overall business 
process 
transformation 
strategy of the Department; and 
"(B) the architecture framework of the Department 
for command, control, communications, computers, intel-
ligence, surveillance, and reconnaissance functions. 
"(5) To ensure that investments in existing or proposed 
financial management systems for the Department comply with 
the overall business practice transformation strategy of the 
Department and the financial management enterprise architec-
ture developed under paragraph (4). 
"(6) To provide an annual accounting of each financial 
and data feeder system investment technology project to ensure 
that each such project is being implemented at acceptable cost 
and within a reasonable schedule and is contributing to tan-
gible, observable improvements in mission performance. 
115 STAT. 1208 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(c) MANAGEMENT PLAN FOR IMPLEMENTATION OF FINANCIAL 
DATA FEEDER SYSTEMS COMPLIANCE PROCESS.—^The management 
plan developed under subsection (b)(2) shall include among its 
principal elements at least the following elements: 
Records. 
"(1) A requirement for the establishment and maintenance 
of a complete inventory of all budgetary, accounting, finance, 
and data feeder systems that support the transformed business 
processes of the Department and produce financial statements. 
"(2) A phased process (consisting of the successive phases 
of Awareness, Evaluation, Renovation, Validation, and Compli-
ance) for improving systems referred to in paragraph (1) that 
provides for mapping financial data flow from the cognizant 
Department business function source (as part of the overall 
business process transformation strategy of the Department) 
to Department financial statements. 
Reports. 
"(3) Periodic submittal to the Secretary of Defense, the 
Deputy Secretary of Defense, and the Senior Executive Council 
(or any combination thereof) of reports on the progress being 
made in achieving financial management transformation goals 
and milestones included in the annual financial management 
improvement plan in 2002. 
"(4) Documentation of the completion of each phase speci-
fied in paragraph (2) of improvements made to each accounting, 
finance, and data feeder system of the Department. 
"(5) Independent audit by the Inspector General of the 
Department, the audit agencies of the military departments, 
and private sector firms contracted to conduct validation audits 
(or any combination thereof) at the validation phase for each 
accounting, finance, and data feeder system. 
"(d) DATA FEEDER SYSTEMS.—In this section, the term 'data 
feeder system' has the meaning given that term in section 2222(c)(2) 
of this title.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"185. Financial Management Modernization Executive Committee.". 
(b) ANNUAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.— 
(1) Subsection (a) of section 2222 of title 10, United States Code, 
is amended— 
(A) by striking "BIENNIAL" in the subsection heading and 
inserting "ANNUAL"; 
(B) by striking "a biennial" in the first sentence and 
inserting "an annual"; and 
(C) by striking "even-numbered" in the second sentence. 
(2) Subsection (c) of such section is amended— 
(A) by redesignating paragraph (2) as paragraph (3); and 
(B) by inserting after paragraph (1) the following new 
paragraph (2): 
"(2) In each such plan, the Secretary shall include the following: 
"(A) A description of the actions to be taken in the fiscal 
year beginning in the year in which the plan is submitted 
to implement the annual performance goals, and the perform-
ance milestones, included 
in the 
financial 
management 
improvement plan submitted in 2002 pursuant to paragraphs 
(1) and (2), respectively, of section 1009(c) of the National 
Defense Authorization Act for Fiscal Year 2002. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1209 
"(B) An estimate of the amount expended in the fiscal 
' year ending in the year in which the plan is submitted to 
implement the financial management improvement plan in such 
preceding calendar year, set forth by system. 
"(C) If an element of the financial management improve-
ment plan submitted in the fiscal year ending in the year 
in which the plan is submitted was not implemented, a justifica-
tion for the lack of implementation of such element.". 
(3)(A) The heading of such section is amended to read as 
follows: 
"§2222. Annual Hnancial management improvement plan". 
(B) The item relating to section 2222 in the table of sections 
at the beginning of chapter 131 of such title is amended to read 
as follows: 
"2222. Annual financial management improvement plan.". 
(c) 
ADDITIONAL 
ELEMENTS 
FOR 
FINANCIAL 
MANAGEMENT lo use 2222 
IMPROVEMENT PLAN IN 2002.—In the annual financial management note, 
improvement plan submitted under section 2222 of title 10, United 
States Code, in 2002, the Secretary of Defense shall include the 
following: 
(1) Measurable annual performance goals for improvement 
of the financial management of the Department of Defense. 
(2) Performance milestones for initiatives under that plan 
for transforming the financial management operations of the 
Department of Defense and for implementing a financial 
management architecture for the Department. 
(3) An assessment of the anticipated annual cost of any 
plans for transforming the financial management operations 
of the Department of Defense and for implementing a financial 
management architecture for the Department. 
(4) A discussion of the following: 
(A) The roles and responsibilities of appropriate 
Department officials to ensure the supervision and moni-
toring of the compliance of each accounting, finance, and 
data feeder system of the Department with— 
(i) the business practice transformation strategy 
of the Department; 
(ii) the financial management architecture of the 
Department; and 
(iii) applicable Federal financial management sys-
tems and reporting requirements. 
(B) A summary of the actions taken by the Financial 
Management 
Modernization 
Executive 
Committee 
to 
ensure that such systems comply with— 
(i) the business practice transformation strategy 
of the Department; 
(ii) the financial management architecture of the 
Department; and 
(iii) applicable Federal financial management sys-
tems and reporting requirements. 
(d) EFFECTIVE DATE.—Paragraph (2) of section 2222(c) of title 
10 use 2222 
10, United States Code, as added by subsection (b)(2), shall not note. 
apply with respect to the annual financial management improve-
ment plan submitted under section 2222 of title 10, United States 
Code, in 2002. 
89-194 O - 03 - 8 QL 3 Part 2 
115 STAT. 1210 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 1010. AUTHORIZATION OF FUNDS FOR BALLISTIC MISSILE 
DEFENSE PROGRAMS OR COMBATING TERRORISM PRO-
GRAMS OF THE DEPARTMENT OF DEFENSE. 
(a) AUTHORIZATION.—There is hereby authorized to be appro-
priated for fiscal year 2002 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 $1,300,000,000, 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 Ballistic Missile Defense 
Organization. 
(2) Activities of the Department of Defense for combating 
terrorism. 
(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). 
Deadline. 
(3) Not later than 15 days after an allocation is made under 
Reports. 
this subsection, the Secretary of Defense shall submit to the 
congressional defense committees a report describing the allocation 
and the Secretar^s plan for the use by the Department of Defense 
of the funds made available pursuant to such allocation. 
Subtitle B—Naval Vessels and Shipyards 
SEC. 1011. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN 
FOREIGN COUNTRIES. 
(a) TRANSFERS BY GRANT.—^The President is authorized to 
transfer vessels to foreign countries on a grant basis under section 
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 232Ij) as 
follows: 
(1) POLAND.—To the Government of Poland, the OLIVER 
HAZARD PERRY class guided missile frigate WADSWORTH 
(FFG 9). 
(2) TURKEY.—To the Government of Turkey, the KNOX 
class frigates CAPODANNO (FF 1093), THOMAS C. HART 
(FF 1092), DONALD B. BEARY (FF 1085), McCANDLESS 
(FF 1084), REASONER (FF 1063), and BOWEN (FF 1079). 
(b) TRANSFERS BY SALE.—The President is authorized to 
transfer vessels to foreign governments and foreign governmental 
entities on a sale basis under section 21 of the Arms Export Control 
Act (22 U.S.C. 2761) as follows: 
(1) TAIWAN.—^To the Taipei Economic and Cultural Rep-
resentative Office in the United States (which is the Taiwan 
instrumentality designated pursuant to section 10(a) of the 
Taiwan Relations Act), the KIDD class guided 
missile 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1211 
destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT 
(DDG 995), and CHANDLER (DDG 996). 
(2) TURKEY.—To the Government of Turkey, the OLIVER 
HAZARD PERRY class guided missile frigates ESTOCIN (FFG 
15) and SAMUEL ELIOT MORISON (FFG 13). 
(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED 
EXCESS DEFENSE ARTICLES.—^The value of a vessel transferred to 
another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 232Ij) pursuant to authority 
provided by subsection (a) shall not be counted for the purposes 
of subsection (g) of that section in the aggregate value of excess 
defense articles transferred to countries under that section in any 
fiscal year. 
(d) COSTS OF TRANSFERS ON GRANT BASIS.—^Any expense 
incurred by the United States in connection with a transfer author-
ized by this section shall be charged to the recipient (notwith-
standing section 516(e)(1) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j(e)(l))) in the case of a transfer authorized to 
be made on a grant basis under subsection (a). 
(e) WAIVER AUTHORITY.—For a vessel transferred on a grant 
basis pursuant to authority provided by subsection (a)(2), the Presi-
dent may waive reimbursement of charges for the lease of that 
vessel under section 61(a) of the Arms Export Control Act (22 
U.S.C. 2796(a)) for a period of one year before the date of the 
transfer of that vessel. 
(f) REPAIR AND REFURBISHMENT IN UNITED 
STATES SHIP- President. 
YARDS.—^To the maximum extent practicable, the President shall 
require, as a condition of the transfer of a vessel under this section, 
that the country to which the vessel is transferred have such 
repair or refurbishment of the vessel as is needed, before the 
vessel joins the naval forces of that country, performed at a shipyard 
located in the United States, including a United States Navy ship-
yard. 
(g) EXPIRATION OF AUTHORITY.—^The authority to transfer a 
vessel under this section shall expire at the end of the two-year 
period beginning on the date of the enactment of this Act. 
SEC. 1012. SALE OF GLOMAR EXPLORER TO THE LESSEE. 
(a) AUTHORITY.—^The Secretary of the Navy may convey by 
sale all right, title, and interest of the United States in and to 
the vessel GLOMAR EXPLORER (AG 193) to the person who, 
on the date of the enactment of this Act, is the lessee of the 
vessel. 
(b) CONSIDERATION.—^The price for which the vessel is sold 
under subsection (a) shall be a fair and reasonable amount deter-
mined by the Secretary of the Navy. 
(c) ADDITIONAL TERMS.—^The Secretary may require such addi-
tional terms in connection with the conveyance authorized by this 
section as the Secretary considers appropriate. 
(d) PROCEEDS OF SALE.—^Amounts received by the Secretary 
from the sale under this section may, to the extent provided in 
an appropriations Act, be credited to the appropriation available 
for providing salvage facilities under section 7361 of title 10, United 
States Code, and are authorized to remain available until expended 
for that purpose. 
115 STAT. 1212 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 1013. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL 
OCEANOGRAPHIC LABORATORY SYSTEM. 
Subsection (g) of section 2667 of title 10, United States Code, 
is amended by adding at the end the following new paragraph: 
"(3) Paragraph (1) does not apply to a renewal or extension 
of a lease by the Secretary of the Navy with a selected institution 
for operation of a ship within the University National Oceano-
graphic Laboratory System if, under the lease, each of the following 
applies: 
"(A) Use of the ship is restricted to federally supported 
research programs and to non-Federal uses under specific condi-
tions with approval by the Secretary of the Navy. 
"(B) Because of the anticipated value to the Navy of the 
oceanographic research and training that will result from the 
ship's operation, no monetary lease payments are required from 
the lessee under the initial lease or under any renewal or 
extension. 
"(C) The lessee is required to maintain the ship in a good 
state of repair, readiness, and efficient operating condition, 
conform to all applicable regulatory requirements, and assume 
full responsibility for the safety of the ship, its crew, and 
scientific personnel aboard.". 
SEC, 1014. INCREASE IN LIMITATIONS ON ADMINISTRATIVE AUTHOR-
ITY OF THE NAVY TO SETTLE ADMIRALTY CLAIMS. 
(a) ADMIRALTY CLAIMS AGAINST THE UNITED STATES.—Section 
7622 of title 10, United States Code, is amended— 
(1) in subsections (a) and (b), by striking "$1,000,000" and 
inserting "$15,000,000"; and 
(2) in subsection (c), by striking "$100,000" and inserting 
"$1,000,000". 
(b) ADMIRALTY CLAIMS BY THE UNITED STATES.—Section 7623 
of such title is amended— 
(1) in subsection (a)(2), by striking "$1,000,000" and 
inserting "$15,000,000"; and 
(2) in subsection (c), by striking "$100,000" and inserting 
"$1,000,000". 
10 use 7622 
(c) EFFECTIVE DATE.—^The amendments made by this section 
°ote. 
shall apply with respect to any claim accruing on or after February 
1, 2001. 
Subtitle C—Counter-Drug Activities 
SEC. 1021. E X T E N S I O N AND RESTATEMENT OF AUTHORITY TO PRO-
VIDE 
DEPARTMENT 
OF 
DEFENSE 
SUPPORT 
FOR 
COUNTER-DRUG ACTIVITIES OF OTHER GOVERNMENTAL 
AGENCIES. 
Section 1004 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 note) is 
amended to read as follows: 
"SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES. 
"(a) SUPPORT TO OTHER AGENCIES.—During fiscal years 2002 
through 2006, the Secretary of Defense may provide support for 
the counter-drug activities of any other department or agency of 
the Federal Government or of any State, local, or foreign law 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1213 
enforcement agency for any of the purposes set forth in subsection 
(b) if such support is requested— 
"(1) by the official who has responsibiUty for the counter-
drug activities of the department or agency of the Federal 
Government, in the case of support for other departments or 
agencies of the Federal Government; 
"(2) by the appropriate official of a State or local govern-
ment, in the case of support for State or local law enforcement 
agencies; or 
"(3) by an appropriate official of a department or agency 
of the Federal Government that has counter-drug responsibil-
ities, in the case of support for foreign law enforcement agen-
cies. 
"(b) TYPES OF SUPPORT.—The purposes for which the Secretary 
of Defense may provide support under subsection (a) are the fol-
lowing: 
"(1) The maintenance and repair of equipment that has 
been made available to any department or agency of the Federal 
Government or to any State or local government by the Depart-
ment of Defense for the purposes of— 
"(A) preserving the potential future utility of such 
equipment for the Department of Defense; and 
"(B) upgrading such equipment to ensure compatibility 
of that equipment with other equipment used by the 
Department of Defense. 
"(2) The maintenance, repair, or upgrading of equipment 
(including computer software), other than equipment referred 
to in paragraph (1) for the purpose of— 
"(A) ensuring that the equipment being maintained 
or repaired is compatible with equipment used by the 
Department of Defense; and 
"(B) upgrading such equipment to ensure the compat-
ibility of that equipment with equipment used by the 
Department of Defense. 
"(3) The transportation of personnel of the United States 
and foreign countries (including per diem expenses associated 
with such transportation), and the transportation of supplies 
and equipment, for the purpose of facilitating counter-drug 
activities within or outside the United States. 
"(4) The establishment (including an unspecified minor 
military construction project) and operation of bases of oper-
ations or training facilities for the purpose of facilitating 
counter-drug activities of the Department of Defense or any 
Federal, State, or local law enforcement agency within or out-
side the United States or counter-drug activities of a foreign 
law enforcement agency outside the United States. 
"(5) Counter-drug related training of law enforcement per-
sonnel of the Federal Government, of State and local govern-
ments, and of foreign countries, including associated support 
expenses for trainees and the provision of materials necessary 
to carry out such training. 
"(6) The detection, monitoring, and communication of the 
movement of— 
"(A) air and sea traffic within 25 miles of and outside 
the geographic boundaries of the United States; and 
"(B) surface traffic outside the geographic boundary 
of the United States and within the United States not 
115 STAT. 1214 
PUBLIC LAW 107-107—DEC. 28, 2001 
to exceed 25 miles of the boundary if the initial detection 
occurred outside of the boundary. 
"(7) Construction of roads and fences and installation of 
lighting to block drug smuggling corridors across international 
boundaries of the United States. 
"(8) Establishment of command, control, communications, 
and computer networks for improved integration of law enforce-
ment, active military, and National Guard activities. 
"(9) The provision of linguist and intelligence analysis serv-
ices. 
"(10) Aerial and ground reconnaissance. 
"(c) LIMITATION ON COUNTER-DRUG REQUIREMENTS.—The Sec-
retary of Defense may not limit the requirements for which support 
may be provided under subsection (a) only to critical, emergent, 
or unanticipated requirements. 
"(d) CONTRACT AUTHORITY.—In carrying out subsection (a), the 
Secretary of Defense may acquire services or equipment by contract 
for support provided under that subsection if the Department of 
Defense would normally acquire such services or equipment by 
contract for the purpose of conducting a similar activity for the 
Department of Defense. 
"(e) LIMITED WAIVER OF PROHIBITION.—^Notwithstanding section 
376 of title 10, United States Code, the Secretary of Defense may 
provide support pursuant to subsection (a) in any case in which 
the Secretary determines that the provision of such support would 
adversely affect the military preparedness of the United States 
in the short term if the Secretary determines that the importance 
of providing such support outweighs such short-term adverse effect. 
"(f) CONDUCT OF TRAINING OR OPERATION TO AID CIVILIAN 
AGENCIES.—In providing support pursuant to subsection (a), the 
Secretary of Defense may plan and execute otherwise valid military 
training or operations (including training exercises undertaken 
pursuant to section 1206(a) of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 
Stat. 1564)) for the purpose of aiding civilian law enforcement 
agencies. 
"(g) RELATIONSHIP TO OTHER LAWS.—(1) The authority provided 
in this section for the support of counter-drug activities by the 
Department of Defense is in addition to, and except as provided 
in paragraph (2), not subject to the requirements of chapter 18 
of title 10, United States Code. 
"(2) Support under this section shall be subject to the provisions 
of section 375 and, except as provided in subsection (e), section 
376 of title 10, United States Code. 
"(h) CONGRESSIONAL NOTIFICATION OF FACILITIES PROJECTS.— 
(1) When a decision is made to carry out a military construction 
project described in paragraph (2), the Secretary of Defense shall 
submit to the congressional defense committees written notice of 
the decision, including the justification for the project and the 
estimated cost of the project. The project may be commenced only 
after the end of the 21-day period beginning on the date on which 
the written notice is received by Congress. 
"(2) Paragraph (1) applies to an unspecified minor military 
construction project that— 
"(A) is intended for the modification or repair of a Depart-
ment of Defense facility for the purpose set forth in subsection 
(b)(4); and 
<''*£!<'*."• ' 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1215 
"(B) has an estimated cost of more than $500,000.". 
SEC. 1022. EXTENSION OF REPORTING REQUIREMENT 
REGARDING 
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 
FOREIGN COUNTER-DRUG ACTIVITIES. 
Section 1022 of the Floyd D. Spence National 
Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
PubUc Law 106-398; 114 Stat. 1654A-255) is amended— 
(1) by inserting "and April 15, 2002," after "January 1, 
2001,"; and 
(2) by striking "fiscal year 2000" and inserting "the pre-
ceding fiscal year". 
SEC. 1
0
2
3
. 
AUTHORITY TO TRANSFER TRACKER AIRCRAFT CUR-
RENTLY 
USED 
BY 
ARMED FORCES 
FOR 
COUNTER-DRUG 
PURPOSES. 
(a) TRANSFER AUTHORITY.—^The Secretary of Defense may 
transfer to the administrative jurisdiction and operational control 
of another Federal agency all Tracker aircraft in the inventory 
of the Department of Defense. 
(b) EFFECT OF FAILURE TO TRANSFER.—If the transfer authority 
provided by subsection (a) is not exercised by the Secretary of 
Defense by September 30, 2002, any Tracker aircraft remaining 
in the inventory of the Department of Defense may not be used 
by the Armed Forces for counter-drug purposes after that date. 
SEC. 1024. LIMITATION ON USE OF FUNDS FOR OPERATION OF TETH-
ERED AEROSTAT RADAR SYSTEM PENDING SUBMISSION 
OF REQIHRED REPORT. 
Not more than 50 percent of the funds appropriated or other-
wise made available for fiscal year 2002 for operation of the Teth-
ered Aerostat Radar System, which is used by the Armed Forces 
in maritime, air, and land counter-drug detection and monitoring, 
may be obligated or expended until such time as the Secretary 
of Defense submits to Congress the report on the status of the 
Tethered Aerostat Radar System required by section 1025 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-256). 
Subtitle D—Strategic Forces 
SEC. 1031. REPEAL OF LIMITATION ON RETIREMENT OR DISMANTLE-
MENT OF STRATEGIC NUCLEAR DELIVERY SYSTEMS. 
Section 1302 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948) is repealed. 
SEC. 1032. AIR FORCE BOMBER FORCE STRUCTURE. 
(a) LIMITATION.—^None of the funds available to the Department Reports, 
of Defense for fiscal year 2002 may be obligated or expended for 
retiring or dismantling any of the 93 B-IB Lancer bombers in 
service as of June 1, 2001, or for transferring or reassigning any 
of those aircraft from the unit or facility to which assigned as 
of that date, until 15 days after the Secretary of the Air Force 
submits to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report on the Air Force bomber force structure. 
115 STAT. 1216 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) MATTERS TO BE INCLUDED.—The report under subsection 
(a) shall set forth the following: 
(1) The Air Force plan for the modernization of the B-
IB aircraft fleet, including a transition plan for implementation 
of that modernization plan and a description of the basing 
options for the aircraft in that fleet. 
(2) The amount and type of bomber force structure in 
the Air Force appropriate to meet the requirements of the 
national security strategy of the United States. 
(3) Specifications of new missions to be assigned to the 
National Guard units that currently fly B-1 aircraft and the 
transition of those units and their facilities from the current 
B-1 mission to their future missions. 
(4) A description of the potential effect of the proposed 
consolidation and reduction of the B-1 fleet on other National 
Guard units in the affected States. 
(5) A justification of the cost and projected savings of 
consolidating and reducing the B-1 fleet. 
(c) 
AMOUNT 
AND 
TYPE 
OF 
BOMBER 
FORCE 
STRUCTURE 
DEFINED.—In this section, the term "amount and type of bomber 
force structure" means the number of B-2 aircraft, B-52 aircraft, 
and B-1 aircraft that are required to carry out the current national 
security strategy. 
SEC. 1033. ADDITIONAL ELEMENT FOR REVISED NUCLEAR POSTURE 
REVIEW. 
Section 1041(b) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
10 use 118 note. Public Law 106-398; 114 Stat. 1654A-262) is amended by adding 
at the end the following new paragraph: 
"(7) The possibility of deactivating or dealerting nuclear 
warheads or delivery systems immediately, or immediately after 
a decision to retire any specific warhead, class of warheads, 
or delivery system.". 
SEC. 1034. REPORT ON OPTIONS FOR MODERNIZATION 
AND EN-
HANCEMENT OF MISSILE WING HEUCOPTER SUPPORT. 
(a) REPORT REQUIRED.—The Secretary of Defense shall prepare 
a report regarding the options for providing the helicopter support 
missions for the Air Force intercontinental ballistic missile wings 
at Minot Air Force Base, North Dakota, Malmstrom Air Force 
Base, Montana, and F.E. Warren Air Force Base, Wyoming, for 
as long as these missions are required. The report shall include 
the Secretary's recommendations on a preferred option. 
(b) OPTIONS.—Options to be reviewed under subsection (a) 
include the following: 
(1) The current plan of the Air Force for replacement 
or modernization of UH-IN helicopters currently flown by the 
Air Force at the missile wings. 
(2) Replacement of the UH-IN helicopters currently flown 
by the Air Force with UH-60 Black Hawk helicopters, the 
UH-IY helicopter, or another platform. 
(3) Replacement of the UH-IN helicopters with UH-60 
helicopters and transition of the mission to the Army National 
Guard, as detailed in the Air Force Space Command/Army 
National Guard plan entitled "ARNG Helicopter Support to 
Air Force Space Command" and dated November 2000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1217 
(4) Replacement of the UH-IN helicopters with UH-60 
helicopters or another platform, and establishment of composite 
units combining active duty Air Force and Army National 
Guard personnel. 
(5) Such other options as the Secretary of Defense considers 
appropriate. 
(c) FACTORS.—^Factors to be considered in preparing the report 
under subsection (a) include the following: 
(1) Any implications of transferring the helicopter support 
missions on the command and control of, and responsibility 
for, missile field force protection. 
(2) Current and future operational requirements, and the 
capabilities of the UH-IN or UH-60 helicopter or other aircraft 
to meet such requirements. 
(3) Cost, with particular attention to opportunities to 
realize efficiencies over the long run. 
(4) Implications for personnel training and retention. 
(5) Evaluation of the assumptions used in the plan specified 
in subsection (b)(3). 
(d) CONSIDERATION.—In preparing the report under subsection 
(a), the Secretary of Defense shall consider carefully the views 
of the Secretary of the Army, the Secretary of the Air Force, 
the commander of the United States Strategic Command, and the 
Chief of the National Guard Bureau. 
(e) SUBMISSION OF REPORT.—^The report required by subsection Deadline, 
(a) shall be submitted to the congressional defense committees 
not later than the date on which the President submits to Congress 
the budget under section 1105 of title 31, United States Code, 
for fiscal year 2003. 
Subtitle E—Other Department of Defense 
Provisions 
SEC. 1041. SECRETARY OF DEFENSE RECOMMENDATION ON NEED 
FOR DEPARTMENT OF DEFENSE REVIEW OF PROPOSED 
FEDERAL AGENCY ACTIONS TO CONSIDER POSSIBLE 
IMPACT ON NATIONAL DEFENSE. 
(a) RECOMMENDATION ON NEED FOR DEFENSE IMPACT REVIEW 
PROCESS.—^The Secretary of Defense shall submit to the President 
the Secretary's recommendation as to whether there should be 
established within the executive branch a defense impact review 
process. The Secretary shall submit a copy of such recommendation 
to Congress. 
(b) DEFENSE IMPACT REVIEW PROCESS.—(1) For purposes of 
this section, the term "defense impact review process" means a 
formal process within the executive branch— 
(A) to provide for review by the Department of Defense 
of certain proposed actions of other Federal departments and 
agencies to identify any reasonably foreseeable 
significant 
adverse impact of such a proposed action on national defense; 
and 
(B) when such a review indicates that a proposed agency 
action may have such an adverse impact— 
(i) to afford the Secretary of Defense a timely oppor-
tunity to make recommendations for means to eliminate 
or mitigate any such adverse impact; and 
115 STAT. 1218 
PUBLIC LAW 107-107—DEC. 28, 2001 
(ii) to afford an opportunity for those recommendations 
to be given reasonable and timely consideration by the 
agency to which provided. 
(2) For purposes of such a review process, the proposed agency 
actions subject to review would be those for which a significant 
adverse impact on national defense is reasonably foreseeable and 
that meet such additional criteria as may be specified by the Sec-
retary of Defense. 
DeadUne. 
(c) TiME FOR SUBMISSION OF RECOMMENDATION.—^The Secretary 
shall submit the Secretary's recommendation under subsection (a) 
not later than 180 days after the date of the enactment of this 
Act. 
SEC. 1042. DEPARTMENT OF DEFENSE REPORTS TO CONGRESS TO 
BE ACCOMPANIED 
BY ELECTRONIC 
VERSION 
UPON 
REQUEST. 
(a) IN GENERAL.—Chapter 23 of title 10, United States Code, 
is amended by inserting after the table of sections the following 
new section: 
"§480. Reports to Congress: submission in electronic form 
"(a) REQUIREMENT.—^Whenever the Secretary of Defense or any 
other official of the Department of Defense submits to Congress 
(or any committee of either House of Congress) a report that the 
Secretary (or other official) is required by law to submit, the Sec-
retary (or other official) shall, upon request by any committee 
of Congress to which the report is submitted or referred, provide 
to Congress (or each such committee) a copy of the report in an 
electronic medium. 
"(b) EXCEPTION.—Subsection (a) does not apply to a report 
submitted in classified form. 
"(c) DEFINITION.—In this section, the term 'report' includes 
any certification, notification, or other communication in writing.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting before the item 
relating to section 481 the following new item: 
"480. Reports to Congress: submission in electronic form.". 
SEC. 1043. DEPARTMENT OF DEFENSE GIFT AUTHORITIES. 
(a) AUTHORITY TO MAKE LOANS AND GIFTS.—(1) Subsection 
(a) of section 7545 of title 10, United States Code, is amended 
by striking "(a) Subject to" and all that follows through "to—" 
and inserting the following: 
"(a) AUTHORITY TO MAKE LOANS AND GIFTS.—^The Secretary 
of the Navy may lend or give, without expense to the United 
States, items described in subsection (b) that are not needed by 
the Department of the Navy to any of the following:". 
(2) Such subsection is further amended— 
(A) by capitalizing the first letter after the paragraph des-
ignation in each of paragraphs (1) through (12); 
(B) by striking the semicolon at the end of paragraphs 
(1) through (10) and inserting a period; 
(C) by striking "; or" at the end of paragraph (11) and 
inserting a period; 
(D) in paragraph (5), by striking "World War I or World 
War II" and inserting "a foreign war"; 
(E) in paragraph (6), by striking "soldiers' monument" and 
inserting "servicemen's monument"; and 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1219 
(F) in paragraph (8), by inserting "or memorial" after 
"museum". 
(b) ADDITIONAL ITEMS AUTHORIZED TO B E DONATED BY SEC-
RETARY OF THE NAVY.—Such section is further amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(d) and (e), respectively; 
(2) by inserting after subsection (a) the following new sub-
sections: 
"(b) ITEMS ELIGIBLE FOR DISPOSAL.—This section applies to 
the following types of property held by the Department of the 
Navy: 
"(1) Captured, condemned, or obsolete ordnance material. 
"(2) Captured, condemned, or obsolete combat or shipboard 
material. 
"(c) REGULATIONS.—^A loan or gift made under this section 
shall be subject to regulations prescribed by the Secretary and 
to regulations under section 205 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 486)."; and 
(3) by adding at the end the following new subsection: 
"(f) AUTHORITY TO TRANSFER A PORTION OF A VESSEL.—^The 
Secretary may lend, give, or otherwise transfer any portion of 
the hull or superstructure of a vessel stricken from the Naval 
Vessel Register and designated for scrapping to a qualified organiza-
tion specified in subsection (a). The terms and conditions of an 
agreement for the transfer of a portion of a vessel under this 
section shall include a requirement that the transferee will maintain 
the material conveyed in a condition that will not diminish the 
historical value of the material or bring discredit upon the Navy.". 
(c) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (d) (as redesignated by subsection (b)(1)), 
by inserting "MAINTENANCE OF THE RECORDS OF THE GOVERN-
MENT.—" after the subsection designation; and 
(2) in subsection (e) (as redesignated by subsection (b)(1)), 
by inserting "ALTERNATIVE AUTHORITIES TO MAKE GIFTS OR 
LOANS.—" after the subsection designation. 
(d) CONFORMING AMENDMENTS.—Section 2572(a) of such title 
is amended— 
(1) in paragraph (1), by inserting ", county, or other political 
subdivision of a State" before the period at the end; 
(2) in paragraph (2), by striking "soldiers' monument" and 
inserting "servicemen's monument"; and 
(3) in paragraph (4), by inserting "or memorial" after "An 
incorporated museum". 
SEC. 1044. ACCELERATION OF RESEARCH, DEVELOPMENT, AND PRO-
DUCTION OF MEDICAL COUNTERMEASURES FOR DE-
FENSE AGAINST BIOLOGICAL WARFARE AGENTS. 
(a) AGGRESSIVE PROGRAM REQUIRED.—(1) The Secretary of iousc2370a 
Defense shall carry out a program to aggressively accelerate the °ote-
research, development, testing, and licensure of new medical 
countermeasures for defense against the biological warfare agents 
that are the highest threat. 
(2) The program shall include the following activities: 
(A) As the program's first priority, investment in multiple Anthrax. 
new technologies for medical countermeasures for defense 
against the biological warfare agents that are the highest 
threat, including for the prevention and treatment of anthrax. 
115 STAT. 1220 
PUBLIC LAW 107-107—DEC. 28, 2001 
(B) Leveraging of ideas and technologies from the biological 
technology industry. 
Contracts. 
(b) STUDY REQUIRED.—(1) The Secretary of Defense shall enter 
into a contract with the Institute of Medicine and the National 
Research Council under which the Institute and Council, in con-
sultation with the Secretary, shall carry out a study of the review 
and approval process for new medical countermeasures for biological 
warfare agents. The purpose of the study shall be to identify— 
(A) new approaches to accelerating such process; and 
(B) definitive and reasonable methods for assuring the 
agencies responsible for regulating such countermeasures that 
such countermeasures will be effective in preventing disease 
in humans or in providing safe and effective therapy against 
such agents. 
Deadline. 
(2) Not later than June 1, 2002, the Institute and Council 
shall jointly submit to Congress a report on the results of the 
study. 
(c) FACILITY FOR PRODUCTION OF VACCINES.—(1) Subject to 
paragraph (2) and to the availability of funds for such purposes 
appropriated pursuant to an authorization of appropriations, the 
Secretary of Defense may— 
(A) design and construct a facility on a Department of 
Defense installation for the production of vaccines to meet 
the requirements of the Department of Defense to prevent 
or mitigate the physiological effects of exposure to biological 
warfare agents; 
(B) operate that facility; 
(C) qualify and validate that facility for the production 
of vaccines in accordance with the requirements of the Food 
and Drug Administration; and 
(D) contract with a private-sector source for the production 
of vaccines in that facility. 
(2) The authority under paragraph (1)(A) to construct a facility 
may be exercised only to the extent that a project for such construc-
tion is authorized by law in accordance with section 2802 of title 
10, United States Code. 
(3) The Secretary shall use competitive procedures under 
chapter 137 of title 10, United States Code, to enter into contracts 
to carry out subparagraphs (A), (B), and (D) of paragraph (1). 
(d) PLAN REQUIRED .-—(1) The Secretary shall develop a long-
range plan to provide for the production and acquisition of vaccines 
to meet the requirements of the Department of Defense to prevent 
or mitigate the physiological effects of exposure to biological warfare 
agents. 
(2) The plan shall include the following: 
(A) An evaluation of the need for one or more vaccine 
production facilities that are specifically dedicated to meeting 
the requirements of the Department of Defense and other 
national interests. 
(B) An evaluation of the options for the means of production 
of such vaccines, including— 
(i) use of public facilities, private facilities, or a com-
bination of public and private facilities; and 
(ii) management and operation of the facilities by the 
Federal Government, one or more private persons, or a 
combination of the Federal Government and one or more 
private persons. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1221 
(C) A specification of the means that the Secretary deter-
mines is most appropriate for the production of such vaccines. 
(3) The Secretary shall ensure that the plan is consistent with 
the requirement for safe and effective vaccines approved by the 
Food and Drug Administration. 
(4) In preparing the plan, the Secretary shall— 
(A) consider and, as the Secretary determines appropriate, 
include the information compiled and the analyses developed 
in preparing the reports required by sections 217 and 218 
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-36, 1654A-37); and 
(B) consult with the heads of other appropriate departments 
and agencies of the Federal Government. 
(e) REPORT.—^Not later than February 1, 2002, the Secretary 
shall submit to the congressional defense committees a report on 
the plan required by subsection (d). The report shall include, at 
a minimum, the contents of the plan and the following matters: 
(1) A description of the policies and requirements of the 
Department of Defense regarding acquisition and use of such 
vaccines. 
(2) The estimated schedule for the acquisition of such vac-
cines in accordance with the plan. 
(3) A discussion of the options considered under subsection 
(d)(2)(B) for the means of production of such vaccines. 
(4) The Secretary's recommendations for the most appro-
priate course of action to meet the requirements specified in 
subsection (d)(1), together with the justification for such rec-
ommendations and the long-term cost of implementing such 
recommendations. 
(f) FUNDING.—Of the amount authorized to be appropriated 
under section 201(4) for research, development, test, and evaluation. 
Defense-wide, $5,000,000 may be available in Program Element 
62384BP, and $5,000,000 may be available in Program Element 
63384BP, for the program required by subsection (a). 
SEC. 1045. CHEMICAL AND BIOLOGICAL PROTECTIVE EQUIPMENT 
FOR MILITARY PERSONNEL AND CIVILIAN EMPLOYEES 
OF THE DEPARTMENT OF DEFENSE. 
Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a 
report on the requirements of the Department of Defense, including 
the reserve components, regarding chemical and biological protec-
tive equipment. The report shall set forth the following: 
(1) A description of any current shortfalls with respect 
to requirements regarding chemical and biological protective 
equipment for military personnel, whether for individuals or 
units. 
(2) An assessment of what should be the appropriate level 
of protection for civilian employees of the Department of 
Defense against chemical and biological attack. 
(3) A plan for providing required chemical and biological 
protective equipment for military personnel and civilian 
employees of the Department of Defense. 
(4) An assessment of the costs associated with carrying 
out the plan described in paragraph (3). 
Deadline. 
Deadline. 
115 STAT. 1222 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 1046. SALE OF GOODS AND SERVICES BY NAVAL MAGAZINE, 
INDIAN ISLAND, ALASKA. 
(a) SALE AUTHORIZED.—Subject to subsections (c) and (d) of 
section 2563 of title 10, United States Code, the Secretary of the 
Navy may sell to a person outside the Department of Defense 
any article or service provided by the Naval Magazine, Indian 
Island, Alaska, that is not available from a United States commer-
cial source. 
(b) CREDITING OF PROCEEDS.—The proceeds from the sale of 
any article or service under this section shall be credited to the 
appropriation supporting the maintenance and operation of the 
Naval Magazine, Indian Island, for the fiscal year in which the 
proceeds are received. 
SEC. 1047. REPORT ON PROCEDURES AND GUIDELINES FOR EMBAR-
KATION OF CIVILIAN GUESTS ON NAVAL VESSELS FOR 
PUBLIC AFFAIRS PURPOSES. 
Not later than February 1, 2002, the Secretary of the Navy 
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 setting forth in detail the procedures and guidelines 
of the Navy for the embarkation of civilian guests on naval vessels 
for public affairs purposes. The report shall include the following: 
(1) Procedures for nominating and approving civilian guests 
for embarkation on naval vessels. 
(2) Procedures for ensuring that civilian guest embar-
kations are conducted only as part of regularly scheduled oper-
ations. 
(3) Guidelines regarding the operation of equipment by 
civilian guests on naval vessels. 
(4) Any other procedures or guidelines the Secretary con-
siders necessary or appropriate to ensure that operational readi-
ness and safety are not hindered by activities related to the 
embarkation of civilian guests on naval vessels. 
SEC. 1048. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—^Title 10, United States 
Code, is amended as follows: 
(1) The tables of chapters at the beginning of subtitle 
A, and at the beginning of part II of subtitle A, are each 
amended by striking the period after "1111" in the item relating 
to chapter 56. 
(2) Section 119(g)(2) is amended by striking "National Secu-
rity Subcommittee" and inserting "Subcommittee on Defense". 
(3) Section 130c(b)(3)(C) is amended by striking "subsection 
(f)" and inserting "subsection (g)". 
(4) Section 176(a)(3) is amended by striking "Chief Medical 
Director" and inserting "Under Secretary for Health". 
(5)(A) Section 503(c) is amended in paragraph (6)(A)(i) by 
striking "14101(18)" and "8801(18)" and inserting "14101" and 
"8801", respectively. 
10 use 503 note. 
(B) The amendment made by subparagraph (A) shall take 
effect on July 1, 2002, immediately after the amendment to 
such section effective that date by section 563(a) of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106-398; 114 Stat. 
1654A-131). 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1223 
(6) Section 663(e) is amended— 
(A) by striking "Armed Forces Staff College" in para-
graph (1) and inserting "Joint Forces Staff College"; and 
(B) by striking "ARMED FORCES STAFF COLLEGE" and 
inserting "JOINT FORCES STAFF COLLEGE". 
(7) Section 667(17) is amended by striking "Armed Forces 
Staff College" both places it appears and inserting "Joint Forces 
Staff College". 
(8) Section 874(a) is amended by inserting after "a sentence 
of confinement for life without eligibility for parole" the fol-
lowing: "that is adjudged for an offense committed after October 
29, 2000". 
(9) Section 1056(c)(2) is amended by striking ", not later 
than September 30, 1991,". 
(10) The table of sections at the beginning of chapter 55 
is amended by transferring the item relating to section 1074i, 
as inserted by section 758(b) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted 
by Public Law 106-398; 114 Stat. 1654A-200), so as to appear 
after the item relating to section 1074h. 
(11) Section 1097a(e) is amended by striking "section 1072" 
and inserting "section 1072(2)". 
(12) Sections 1111(a) and 1114(a)(1) are each amended 
by striking "hereafter" and inserting "hereinafter". 
(13) Section 1116 is amended— 
(A) in subsection (a)(2)(B), by inserting an open paren-
thesis before "other than for training"; and 
(B) in 
subsection 
(b)(2)(D), by striking 
"section 
111(c)(4)" and inserting "section 1115(c)(4)". 
(14) The heading for subchapter II of chapter 75 is trans-
ferred within that chapter so as to appear before the table 
of sections at the beginning of that subchapter (as if the amend-
ment made by section 721(c)(1) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
113 Stat. 694) had inserted that heading following section 
1471 instead of before section 1475). 
(15) Section 1611(d) is amended by striking "with". 
(16) Section 2166(e)(9) is amended by striking "App. 2" 
and inserting "App.". 
(17) Section 2323(a)(1)(C) is amended— 
(A) by striking "section 1046(3)" and inserting "section 
365(3)"; 
(B) by striking "20 U.S.C. 1135d-5(3)" and inserting 
"20 U.S.C. 1067k"; and 
(C) by striking ", which, for the purposes of this section" 
and all that follows through the period at the end and 
inserting a period. 
(18) Section 2375(b) is amended by inserting "(41 U.S.C. 
430)" after "section 34 of the Office of Federal Procurement 
Policy Act". 
(19) Section 2376(1) is amended by inserting "(41 U.S.C. 
403)" after "section 4 of the Office of Federal Procurement 
Policy Act". 
(20) Section 2410f(a) is amended by inserting after "inscrip-
tion" the following: ", or another inscription with the same 
meaning,". 
115 STAT. 1224 
PUBLIC LAW 107-107—DEC. 28, 2001 
(21) Section 2461a(a)(2) is amended by striking "effeciency" 
and inserting "efficiency". 
(22) Section 2467 is amended— 
(A) in subsection (a)(2)— 
(i) by striking ", United States Code" in subpara-
graph (A); and 
(ii) by striking "such" in subparagraphs (B) and 
(C); and 
(B) in subsection (b)(2)(A), by striking "United States 
Code,". 
(23) Section 2535 is amended— 
(A) in subsection (a)— 
(i) by striking "intent of Congress" and inserting 
"intent of Congress—"; 
(ii) by reahgning clauses (1), (2), (3), and (4) so 
that each such clause appears as a separate paragraph 
indented two ems from the left margin; and 
(iii) in paragraph (1), as so realigned, by striking 
"Armed Forces" and inserting "armed forces"; 
(B) in subsection (b)(1)— 
(i) by striking "in this section, the Secretary is 
authorized and directed to—" and inserting "in sub-
section (a), the Secretary of Defense shall—"; and 
(ii) by striking "defense industrial reserve" in 
subparagraph (A) and inserting "Defense Industrial 
Reserve"; and 
(C) in subsection (c)— 
(i) by striking paragraph (1); 
(ii) by redesignating paragraph (2) as paragraph 
(1) and in that paragraph— 
(I) 
by 
striking 
"means" 
and 
inserting 
"means—"; 
(II) by realigning clauses (A), (B), and (C) so 
that each such clause appears as a separate 
subparagraph indented four ems from the left 
margin; and 
(III) by inserting "and" at the end of subpara-
graph (B), as so realigned; and 
(iii) by redesignating paragraph (3) as paragraph 
(2).. 
(24) Section 2541c is amended by striking "subtitle" both 
places it appears in the matter preceding paragraph (1) and 
inserting "subchapter". 
(25) The second section 2582, added by section 1(a) of 
Public Law 106-446 (114 Stat. 1932), is redesignated as section 
2583, and the item relating to that section in the table of 
sections at the beginning of chapter 153 is revised to conform 
to such redesignation. 
(26)(A) Section 2693(a) is amended— 
(i) in the matter preceding paragraph (1), by inserting 
"of Defense" after "Secretary"; and 
(ii) in paragraph (3)— 
(I) by inserting "to the Secretary of Defense" after 
"certifies"* 
(II) by inserting "(42 U.S.C. 3762a)" after "of 1968"; 
and 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1225 
(III) by striking "to the public agencies referred 
to in section 515(aXl) or 515(a)(3) of title I of such 
Act" and inserting "to a public agency referred to in 
paragraph (1) or (3) of subsection (a) of such section". 
(B)(i) The heading of such section is amended to read 
as follows: 
"§ 2693. Conveyance of certain property: Department of Jus-
tice correctional options program". 
(ii) The item relating to such section in the table of sections 
at the beginning of chapter 159 is amended to read as follows: 
"2693. Conveyance of certain property: Department of Justice correctional options 
program.". 
(27) Section 3014(f)(3) is amended by striking "the number 
equal to" and all that follows and inserting "67.". 
(28) Section 5014(f)(3) is amended by striking "the number 
equal to" and all that follows and inserting "74.". 
(29) Section 8014(f)(3) is amended by striking "the number 
equal to" and all that follows and inserting "60.". 
(30) Section 9783(e)(1) is amended by striking "40101(a)(2)" 
and inserting "40102(a)(2)". 
(31) Section 12741(a)(2) is amended by striking "received" 
and inserting "receive". 
(b) AMENDMENTS RELATING TO CHANGE IN TITLE OF UNDER 
SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGIS-
TICS.—^Title 10, United States Code, is further amended as follows: 
(1) Section 133a(b) is amended by striking "shall assist 
the Under Secretary of Defense for Acquisition and Technology" 
and inserting "shall assist the Under Secretary of Defense 
for Acquisition, Technology, and Logistics". 
(2) The following provisions are each amended by striking 
"Under Secretary of Defense for Acquisition and Technology" 
and inserting "Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics": sections 139(c), 139(g) (as redesignated 
by section 263), 171(a)(3), 179(a)(1), 1702, 1703, 1707(a), 
1722(a), 
1722(b)(2)(B), 
1735(c)(1), 
1737(c)(1), 
1737(c)(2)(B), 
1741(b), 1746(a), 1761(b)(4), 1763, 2302c(a)(2), 2304(f)(l)(B)(iii), 
2304(f)(6)(B), 
2311(c)(1), 
2311(c)(2)(B), 
2350a(e)(l)(A), 
2350a(e)(2)(B), 
2350a(f)(l), 
2399(b)(3), 2435(b), 2435(d)(2), 
2521(a), and 2534(i)(3). 
(3)(A) The heading for section 1702 is amended to read 
as follows: 
"§ 1702. Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics: authorities and responsibil-
ities". 
(B) The item relating to section 1702 in the table of sections 
at the beginning of subchapter I of chapter 87 is amended 
to read as follows: 
"1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: au-
thorities and responsibilities.". 
(4) Section 2503(b) is amended by striking "Under Secretary 
of Defense for Acquisition" and inserting "Under Secretary of 
Defense for Acquisition, Technology, and Logistics". 
115 STAT. 1226 
PUBLIC LAW 107-107—DEC. 28, 2001 
(c) AMENDMENTS TO SUBSTITUTE CALENDAR DATES FOR DATE-
OF-ENACTMENT REFERENCES.—Title 10, United States Code, is fur-
ther amended as follows: 
(1) Section 130c(d)(l) is amended by striking "the date 
of the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001" and inserting "October 
30, 2000,". 
(2) Section 184(a) is amended by striking "the date of 
the enactment of this section," and inserting "October 30, 
2000,". 
(3) Section 986(a) is amended by striking "the date of 
the enactment of this section," and inserting "October 30, 
2000,". 
(4) Section 1074g(a)(8) is amended by striking "the date 
of the enactment of this section" and inserting "October 5, 
1999,". 
(5) Section 1079(h)(2) is amended by striking "the date 
of the enactment of this paragraph" and inserting "February 
10, 1996,". 
(6) Section 1206(5) is amended by striking "the date of 
the enactment of the National Defense Authorization Act for 
Fiscal Year 2000," and inserting "October 5, 1999,". 
(7) Section 1405(c)(1) is amended by striking "the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 1995," and inserting "October 5, 1994,". 
(8) Section 1407(f)(2) is amended by striking "the date 
of the enactment of this subsection—" and inserting "October 
30, 2000—". 
(9) Section 1408(d)(6) is amended by striking "the date 
of the enactment of this paragraph" and inserting "August 
22, 1996,". 
(10) Section 1511(b) is amended by striking "the date of 
the enactment of this chapter." and inserting "February 10, 
1996.". 
(11) Section 2461a(b)(l) is amended by striking "the date 
of the enactment of this section," and inserting "October 30, 
2000,". 
(12) Section 4021(c)(1) is amended by striking "the date 
of the enactment of this section." and inserting "November 
29, 1989.". 
(13) Section 6328(a) is amended by striking "the date of 
the enactment of this section" and inserting "February 10, 
1996,". 
(14) Section 7439 is amended— 
(A) in subsection (a)(2), by striking "one year after 
the date of the enactment of this section," and inserting 
"November 18, 1998,"; 
(B) in subsection (b)(1), by striking "the date of the 
enactment of this section," and inserting "November 18, 
1997,"; 
(C) in subsection (b)(2), by striking "the end of the 
one-year period beginning on the date of the enactment 
of this section." and inserting "November 18, 1998."; and 
(D) in subsection (f)(2), by striking "the date of the 
enactment of this section" and inserting "November 18, 
1997,". 
(15) Section 12533 is amended— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1227 
(A) in each of subsections (b) and (c)(1), by striking 
"the date of the enactment of this section." and inserting 
"November 18, 1997."; and 
(B) in each of subsections (c)(2) and (d), by striking 
"the date of the enactment of this section" and inserting 
"November 18, 1997,". 
(16) Section 12733(3) is amended— 
(A) in subparagraph (B), by striking "the date of the 
enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001;" and inserting 
"October 30, 2000;"; and 
(B) in subparagraph (C), by striking "the date of the 
enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001" and inserting 
"October 30, 2000,". 
(d) AMENDMENTS RELATING TO CHANGE IN TITLE OF MCKINNEY-
VENTO HOMELESS ASSISTANCE ACT.—^The following provisions are 
each amended by striking "Stewart B. McKinney Homeless Assist-
ance Act" and inserting "McKinney-Vento Homeless Assistance Act": 
(1) Sections 2814(j)(2), 2854a(d)(2), and 2878(d)(4) of title 
10, United States Code. 
(2) Sections 2905(b)(6)(A) and 2910(11) of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note). 
(3) Section 204(b)(6)(A) of the Defense 
Authorization 
Amendments and Base Closure and Realignment Act (Public 
Law 100-526; 10 U.S.C. 2687 note). 
(4) Section 2915(c)(10) of the National Defense Authoriza-
tion Act for Fiscal Year 1994 (10 U.S.C. 2687 note). 
(5) Section 2(e)(4)(A) of the Base Closure Community 
Redevelopment and Homeless Assistance Act of 1994 (Public 
Law 103-421; 10 U.S.C. 2687 note). 
(6) Section 1053(a) of the National Defense Authorization 
Act for Fiscal Year 1997 (110 Stat. 2650). 
(e) AMENDMENTS TO REPEAL OBSOLETE PROVISIONS.—^Title 10, 
United States Code, is further amended as follows: 
(1) Section 1144 is amended— 
(A) in subsection (a)(3), by striking the second sentence; 
and 
(B) by striking subsection (e). 
(2) Section 1581(b) is amended— 
(A) by striking "(1)" and all that follows through "The 
Secretary of Defense shall deposit" and inserting "The Sec-
retary of Defense shall deposit"; and 
(B) by striking "on or after December 5, 1991,". 
(3) Subsection (e) of section 1722 is repealed. 
(4) Subsection 1732(a) is amended by striking the second 
sentence. 
(5) Section 1734 is amended— 
(A) in subsection (b)(1)(B), by striking "on and after 
October 1, 1991,"; and 
(B) in subsection (e)(2), by striking the last sentence. 
(6)(A) Section 1736 is repealed. 
(B) The table of sections at the beginning of subchapter 
III of chapter 87 is amended by striking the item relating 
to section 1736. 
(7)(A) Sections 1762 and 1764 are repealed. 
115 STAT. 1228 
PUBLIC LAW 107-107—DEC. 28, 2001 
(B) The table of sections at the beginning of subchapter 
V of chapter 87 is amended by striking the items relating 
to sections 1762 and 1764. 
(8) Section 2112(a) is amended by striking ", with the 
first class graduating not later than September 21, 1982". 
(9) Section 2218(d)(1) is amended by striking "for fiscal 
years after fiscal year 1993". 
(10)(A) Section 2468 is repealed. 
(B) The table of sections at the beginning of chapter 146 
is amended by striking the item relating to section 2468. 
(11) Section 2832 is amended— 
(A) by striking "(a)" before "The Secretary of Defense"; 
and 
(B) by striking subsection (b). 
(12) Section 7430(b)(2) is amended— 
(A) by striking "at a price less than" and all that 
follows through "the current sales price" and inserting "at 
a price less than the current sales price"; 
(B) by striking "; or" and inserting a period; and 
(C) by striking subparagraph (B). 
(f) PUBLIC LAW 106-398.—Effective as of October 30, 2000, 
and as if included therein as enacted, the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into 
5 use 8464 note, law by Public Law 106-398) is amended as follows: 
10 use 10218 
(1) Section 525(b)(1) (114 Stat. 1654A-109) is amended 
note. 
by striking "subsection (c)" and inserting "subsections (a) and 
(b)". 
5 use 8464. 
(2) Section 1152(c)(2) (114 Stat. 1654A-323) is amended 
by inserting "inserting" after "and". 
(g) PUBLIC LAW 106-65.—Effective as of October 5, 1999, and 
as if included therein as enacted, the National Defense Authoriza-
10 use 819 note, tion Act for Fiscal Year 2000 (Public Law 106-65) is amended 
as follows: 
10 use 6954. 
(1) Section 531(b)(2)(A) (113 Stat. 602) is amended by 
inserting "in subsection (a)," afl;er "(A)". 
(2) Section 549(a)(2) (113 Stat. 611) is amended by striking 
"such chapter" and inserting "chapter 49 of title 10, United 
States Code,". 
(3) Section 576(a)(3) (10 U.S.C. 1501 note; 113 Stat. 625) 
is amended by adding a period at the end. 
10 use 819. 
(4) Section 577(a)(2) (113 Stat. 625) is amended by striking 
"bad conduct" in the first quoted matter and inserting "bad-
conduct". 
(5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302 note; 113 Stat. 
709) is amended by striking "Mentor-Protegee" and inserting 
"Mentor-Protege". 
10 use 113 note. 
(6) Section 1052(b)(1) (113 Stat. 764) is amended by striking 
" The Department" and inserting "the 'Department". 
(7) Section 1053(a)(5) (10 U.S.C. 113 note; 113 Stat. 764) 
is amended by inserting "and" before "Marines". 
(8) Section 1402(0(2)(A) (22 U.S.C. 2778 note; 113 Stat. 
799) is amended by striking "3201 note" and inserting "6305(4)". 
(9) Section 2902(d) (10 U.S.C. I l l note; 113 Stat. 882) 
is amended by striking "section 2871(b)" and inserting "section 
2881(b)". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1229 
(h) PUBLIC LAW 102-484,—^The National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484) is amended as 
follows: 
(1) Section 3161(c)(6)(C) (42 U.S.C. 7274h(c)(6)(C)) is 
amended by striking "title IX of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3241 et seq.)" and inserting 
"title II of the Public Works and Economic Development Act 
of 1965 (42 U.S.C. 3141 et seq.)". 
(2) Section 4416(b)(1) (10 U.S.C. 12681 note) is amended 
by striking "force reduction period" and inserting "force reduc-
tion transition period". 
(3) Section 4461(5) (10 U.S.C. 1143 note) is amended by 
adding a period at the end. 
(i) OTHER LAWS.— 
(1) Section 1083(c) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 113 
note) is amended by striking "NAMES" and inserting "NAME". 
(2) Section 
845(d)(l)(B)(ii) 
of the 
National 
Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
10 U.S.C. 2371 note) is amended by inserting a closing paren-
thesis after "41 U.S.C. 414(3))". 
(3) Section 1123(b) of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (PubHc Law 101-189; 103 
Stat. 1556) is amended by striking "Armed Forces Staff College" 
each place it appears and inserting "Joint Forces Staff College". 
(4) Section 1412(g)(2)(C)(vii) of the Department of Defense 
Authorization Act, 
1986 (50 U.S.C. 
1521(g)(2)(C)(vii)) is 
amended by striking "(c)(3)" and inserting "(c)(4)". 
(5) Section 8336 of title 5, United States Code, is 
amended— 
(A) in subsection (d)(2), by striking "subsection (o)" 
and inserting "subsection (p)"; and 
(B) by redesignating the second subsection (o), added 
by section 1152(a)(2) of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted 
by Pubhc Law 106-398; 114 Stat. 1654A-320), as sub-
section (p). 
(6) Section 9001(3) of title 5, United States Code, is 
amended by striking "and" at the end of subparagraph (A) 
and inserting "or". 
(7) Section 318(h)(3) of title 37, United States Code, is 
amended by striking "subsection (a)" and inserting "subsection 
(b)". 
(8) Section 3695(a)(5) of title 38, United States Code, is 
amended by striking "1610" and inserting "1611". 
(9) Section 13(b) of the Peace Corps Act (22 U.S.C. 2512(b)) 
is amended by striking ", subject to section 5532 of title 5, 
United States Code". 
(10) Section 127(g)(6) of the Trade Deficit Review Commis-
sion Act (19 U.S.C. 2213 note), as amended by section 311(b) 
of the Legislative Branch Appropriations Act, 2000 (Public Law 
106-57; 113 Stat. 428), is amended— 
(A) by striking "AUTHORITIES.—" and all that follows 
through "An individual" and inserting "AUTHORITIES.—^An 
individual"; and 
(B) by striking subparagraph (B). 
115 STAT. 1230 
P U B L I C L A W 1 0 7 - 1 0 7 — D E C . 28, 2 0 0 1 
(11) Section 28 of the Atomic Energy Act of 1954 (42 
U.S.C. 2038) is amended in the last sentence by striking 
", subject to" and all that follows through the period at the 
end and inserting a period. 
(12) Section 3212 of the National Nuclear Security Adminis-
tration Act (50 U.S.C. 2402) is amended by redesignating the 
second subsection (e), added by section 3159(a) of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 
2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-
469), as subsection (f). 
10 u s e 101 note. 
(j) COORDINATION WiTH OTHER AMENDMENTS.—For 
p u r p o s e s 
of applying amendments made by provisions of this Act other than 
provisions of this section, this section shall be treated as having 
been enacted immediately before the other provisions of this Act. 
SEC. 1049. TERMINATION 
OF 
REFERENDUM 
REQUIREMENT 
REGARDING CONTINUATION OF MILITARY TRAINING ON 
ISLAND OF VIEQUES, PUERTO RICO, AND IMPOSITION OF 
ADDITIONAL CONDITIONS ON CLOSURE OF TRAINING 
RANGE. 
(a) I N GENERAL.—^Title XV 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-348) is amended 
by striking sections 1503, 1504, and 1505 and inserting the following 
new sections: 
"SEC. 1503. CONDITIONS ON CLOStTRE OF VIEQUES NAVAL TRAINING 
RANGE. 
"(a) CONDITIONAL AUTHORITY To CLOSE.—The Secretary of the 
Navy may close the Vieques Naval Training Range on the island 
of Vieques, Puerto Rico, and discontinue training at that range 
only if the Secretary certifies to the President and Congress that 
both of the following conditions are satisfied: 
"(1) One or more alternative training facilities exist that, 
individually or collectively, provide an equivalent or superior 
level of training for units of the Navy and the Marine Corps 
stationed or deployed in the eastern United States. 
"(2) The alternative facility or facilities are available and 
fully capable of supporting such Navy and Marine 
Corps 
training immediately upon cessation of training on Vieques. 
"(b) CONSULTATION REQUIRED.—In determining whether the 
conditions specified in paragraphs (1) and (2) of subsection (a) 
are satisfied, the Secretary of the Navy shall take into account 
the written views and recommendations of the Chief of Naval 
Operations and the Commandant of the Marine Corps. The Sec-
retary shall submit these written views and recommendations to 
Congress with the certification submitted under subsection (a). 
"SEC. 1504. CLOSURE OF VIEQUES NAVAL TRAINING RANGE AND DIS-
POSAL OF CLOSED RANGE. 
"(a) TERMINATION OF TRAINING AND RELATED CLOSURES.—If 
the conditions specified in section 1503(a) are satisfied and the 
Secretary of the Navy makes a determination to close the Vieques 
Naval Training Range and discontinue live-fire training at that 
range the Secretary of the Navy shall— 
"(1) terminate all Navy and Marine Corps training oper-
ations on the island of Vieques; 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1231 
"(2) terminate all Navy and Marine Corps operations at 
Naval Station Roosevelt Roads, Puerto Rico, that are related 
exclusively to the use of the training range on the island 
of Vieques by the Navy and the Marine Corps; and 
"(3) close the Navy installations and facilities on the island 
of Vieques, other than properties exempt from conveyance and 
transfer under section 1506. 
"(b) TRANSFER TO SECRETARY OF THE INTERIOR.—Upon termi-
nation of Navy and Marine Corps training operations on the island 
of Vieques, the Secretary of the Navy shall transfer, without 
reimbursement, to the administrative jurisdiction of the Secretary 
of the Interior— 
"(1) the Live Impact Area on the island of Vieques; 
"(2) all Department of Defense real properties on the 
eastern side of the island that are identified as conservation 
zones; and 
"(3) all other Department of Defense real properties on 
the eastern side of the island. 
"(c) ADMINISTRATION BY SECRETARY OF THE INTERIOR.— 
"(1) 
RETENTION AND ADMINISTRATION.—^The Secretary of 
the Interior shall retain, and may not dispose of any of, the 
properties transferred under paragraphs (2) and (3) of sub-
section (b) and shall administer such properties as wildlife 
refuges under the National Wildlife Refuge System Administra-
tion Act of 1966 (16 U.S.C. 668dd et seq.) pending the enact-
ment of a law that addresses the disposition of such properties. 
"(2) LIVE IMPACT AREA.—The Secretary of the Interior shall 
assume responsibility for the administration of the Live Impact 
Area upon transfer under paragraph (1) of subsection (b), 
administer that area as a wilderness area under the Wilderness 
Act (16 U.S.C. 1131 et seq.), and deny public access to the 
area. 
"(d) LIVE IMPACT AREA DEFINED.—In this section, the term 
'Live Impact Area' means the parcel of real property, consisting 
of approximately 900 acres (more or less), on the island of Vieques 
that is designated by the Secretary of the Navy for targeting by 
live ordnance in the training of forces of the Navy and Marine 
Corps.". 
(b) CONFORMING AMENDMENT.—Section 1507(c) of such Act (114 
Stat. 1654A-355) is amended by striking "the issuance of a 
proclamation described in section 1504(a) or". 
Subtitle F—Other Matters 
SEC. 1061. ASSISTANCE FOR FIREFIGHTERS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (e) of sec-
tion 33 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229) is amended to read as follows: 
"(e) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—^There are authorized to be appropriated 
$900,000,000 for each of the fiscal years 2002 through 2004 
for the purposes of this section. 
"(2) ADMINISTRATIVE EXPENSES.—Of the funds appropriated 
pursuant to paragraph (1) for a fiscal year, the Director may 
use not more than three percent of the funds to cover salaries 
and expenses and other administrative costs incurred by the 
115 STAT. 1232 
PUBLIC LAW 107-107—DEC. 28, 2001 
Director to operate the office established under subsection (b)(2) 
and make grants and provide assistance under this section.". 
(b) RESPONSE TO TERRORISM OR USE OF WEAPONS OF MASS 
DESTRUCTION.—Subsection (b)(3) of such section is amended— 
(1) in subparagraph (B), by inserting "(including response 
to a terrorism incident or use of a weapon of mass destruction)" 
after "response"; 
(2) in subparagraph (H), by striking "and monitoring" and 
inserting ", monitoring, and response to a terrorism incident 
or use of a weapon of mass destruction"; and 
(3) in subparagraph (I), by inserting ", including protective 
equipment to respond to a terrorism incident or the use of 
a weapon of mass destruction" after "personnel" the second 
place it appears. 
(c) TECHNICAL AMENDMENTS.—Subsection (b)(3) of such section 
is further amended— 
(1) by striking "the grant funds—" in the matter preceding 
subparagraph (A) and inserting "the grant funds for one or 
more of the following purposes:"; 
(2) by capitalizing the initial letter of the first word of 
each of subparagraphs (A) through (N); 
(3) by striking the semicolon at the end of each of subpara-
graphs (A) through (L) and inserting a period; and 
(4) by striking "; or" at the end of subparagraph (M) and 
inserting a period. 
SEC. 1062. EXTENSION OF TIMES FOR COMMISSION ON THE FUTURE 
OF THE UNITED STATES AEROSPACE INDUSTRY TO 
REPORT AND TO TERMINATE. 
(a) DEADLINE FOR REPORT.—Subsection (d)(1) of section 1092 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public Law 106-398; 
42 use 2451 
114 Stat. 1654A-302) is amended by striking "March 1, 2002" 
note. 
and inserting "one year after the date of the first official meeting 
of the Commission". 
42 use 2451 
(b) TERMINATION OF COMMISSION.—Subsection (g) of such sec-
note, 
tion is amended by striking "30 days" and inserting "60 days". 
SEC. 1063. APPROPRIATIONS TO RADIATION EXPOSURE COMPENSA-
TION TRUST FUND. 
Section 3(e) of the Radiation Exposure Compensation Act (42 
U.S.C. 2210 note) is amended to read as follows: 
"(e) APPROPRIATION.— 
"(1) IN GENERAL.—^There are appropriated to the Fund, 
out of any money in the Treasury not otherwise appropriated, 
for fiscal year 2002 and each fiscal year thereafter through 
fiscal year 2011, such sums as may be necessary, not to exceed 
the applicable maximum amount specified in paragraph (2), 
to carry out the purposes of the Fund. 
"(2) LIMITATION.—^Appropriation of amounts to the Fund 
pursuant to paragraph (1) is subject to the following maximum 
amounts: 
"(A) For fiscal year 2002, $172,000,000. 
"(B) For fiscal year 2003, $143,000,000. 
"(C) For fiscal year 2004, $107,000,000. 
"(D) For fiscal year 2005, $65,000,000. 
"(E) For fiscal year 2006, $47,000,000. 
"(F) For fiscal year 2007, $29,000,000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1233 
"(G) For fiscal year 2008, $29,000,000. 
"(H) For fiscal year 2009, $23,000,000. 
"(I) For fiscal year 2010, $23,000,000. 
"(J) For fiscal year 2011, $17,000,000.". 
SEC. 1064. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF 
NATIONAL EMERGENCY. 
Section 127 of title 23, United States Code, is amended by 
adding at the end the following new subsection: 
"(h) WAIVER FOR A ROUTE IN STATE OF MAINE DURING PERIODS 
OF NATIONAL EMERGENCY.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
this section, the Secretary, in consultation with the Secretary 
of Defense, may waive or limit the application of any vehicle 
weight limit established under this section with respect to 
the portion of Interstate Route 95 in the State of Maine between 
Augusta and Bangor for the purpose of making bulk shipments 
of jet fuel to the Air National Guard Base at Bangor Inter-
national Airport during a period of national emergency in order 
to respond to the effects of the national emergency. 
"(2) APPLICABILITY.—Emergency limits established under 
paragraph (1) shall preempt any inconsistent State vehicle 
weight limits.". 
SEC. 1065. REPAIR, RESTORATION, AND PRESERVATION OF LAFAY-
ETTE ESCADRILLE MEMORIAL, MARNES-LA-COQUETTE, 
FRANCE. 
(a) AUTHORITY TO MAKE GRANT.—(1) Subject to subsections 
(b) and (c), the Secretary of the Air Force may make a grant 
to the Lafayette Escadrille Memorial Foundation, Inc., to be used 
solely for the purpose of repairing, restoring, and preserving the 
structure, plaza, and surrounding grounds of the Lafayette Esca-
drille Memorial in Marnes la-Coquette, France. 
(2) The amount of the grant may not exceed $2,000,000. 
(b) CONTRIBUTION OF FUNDS BY FRANCE.—The Secretary of 
the Air Force may not make the grant authorized by subsection 
(a) until 30 days after the Secretary submits to Congress a report 
indicating that the government of France has also contributed funds 
toward the repair, restoration, and preservation of the memorial. 
The report shall specify the amount of the funds contributed by 
the government of France and describe the purpose for which the 
funds are to be used. 
(c) CONDITIONS ON RECEIPT OF GRANT.—(1) The grant under 
subsection (a) shall be subject to the following conditions: 
(A) That the Lafayette Escadrille Memorial Foundation 
submit to the Secretary of the Air Force an annual report, 
until the grant funds are fully expended, containing an itemized 
accounting of expenditures of grant funds and describing the 
progress made to repair, restore, and preserve the memorial. 
(B) That the Secretary and the Comptroller General of 
the United States, or any of their duly authorized representa-
tives, be given access for the purpose of audit and examination 
to any books, documents, papers, and records of the Lafayette 
Escadrille Memorial Foundation. 
(C) That none of the grant funds be used for remuneration 
of any entity or individual associated with fundraising for any 
project in connection with the repair, restoration, and preserva-
tion of the memorial. 
115 STAT. 1234 
PUBLIC LAW 107-107—DEC. 28, 2001 
(2) The Secretary shall transmit to Congress a copy of each 
report received under paragraph (1)(A). 
(d) 
REPORT ON ARCHITECTURAL AND ENGINEERING COSTS.— 
Not later than one year after the date of the enactment of this 
Act, the Secretary of the Air Force shall submit to Congress a 
report containing an estimate of the architectural and engineering 
costs to be incurred to fully repair, restore, and preserve the memo-
rial and ensure the long-term structural integrity of the memorial. 
The estimate shall be prepared by a private United States entity, 
under contract with the Secretary. Funds for the contract shall 
also be derived from the amount specified in subsection (e). 
(e) FUNDS FOR GRANT.—Funds for the grant under subsection 
(a) shall be derived only from amounts authorized to be appropriated 
under section 301(a)(4) for operation and maintenance for the Air 
Force. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—Department of Defense Civilian Personnel 
Sec. 1101. Personnel pay and qualifications authority for Department of Defense 
Pentagon Reservation civilian law enforcement and security force. 
Sec. 1102. Pilot program for payment of retraining expenses. 
Sec. 1103. Authority of civilian employee-js to act as notaries. 
Sec. 1104. Authority to appoint certain health care professionals in the excepted 
service. 
Subtitle B—Civilian Personnel Management Generally 
Sec. 1111. Authority to provide hostile fire pay. 
Sec. 1112. Payment of expenses to obtain professional credentials. 
Sec. 1113. Parity in estabUshment of wage schedules and rates for prevailing rate 
employees. 
Sec. 1114. Modification of limitation on premium pay. 
Sec. 1115. Participation of personnel in technical standards development activities. 
Sec. 1116. Retention of travel promotional items. 
Sec. 1117. Applicability of certain laws to certain individuals assigned to work in 
the Federal Government. 
Subtitle C—Intelligence Civilian Personnel 
Sec. 1121. Authority to increase maximum number of positions in the Defense In-
telligence Senior Executive Service. 
Subtitle D—Matters Relating To Retirement 
Sec. 1131. Improved portability of retirement coverage for employees moving be-
tween civil service emplojmient and emplojmient by nonappropriated 
fund instrumentalities. 
Sec. 1132. Federal employment retirement credit for nonappropriated fund instru-
mentality service. 
Sec. 1133. Modification of limitations on exercise of voluntary separation incentive 
pay authority and voluntary early retirement authority. 
Subtitle A—Department of Defense 
Civilian Personnel 
SEC. 1101. PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR 
DEPARTMENT OF DEFENSE PENTAGON RESERVATION 
CIVILIAN LAW ENFORCEMENT AND SECURITY FORCE. 
Section 2674(b) of title 10, United States Code, is amended— 
(1) by inserting "(1)" before the text in the first paragraph 
of that subsection; 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1235 
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; and 
(3) by adding at the end the following new paragraph: 
"(2) For positions for which the permanent duty station is 
the Pentagon Reservation, the Secretary, in his sole and exclusive 
discretion, may without regard to the pay provisions of title 5, 
fix the rates of basic pay for such positions occupied by civilian 
law enforcement and security personnel appointed under the 
authority of this section so as to place such personnel on a com-
parable basis with personnel of other similar Federal law enforce-
ment and security organizations within the vicinity of the Pentagon 
Reservation, not to exceed the basic pay for personnel performing 
similar duties in the United States Secret Service Uniformed Divi-
sion or the United States Park Police.". 
SEC. 1102. PILOT 
PROGRAM 
FOR 
PAYMENT 
OF 
RETRAINING 
10 USC1597 
EXPENSES. 
note. 
(a) AUTHORITY TO CARRY OUT PILOT PROGRAM.—(1) The Sec-
retary of Defense may establish a pilot program to facilitate the 
reemployment of eligible employees of the Department of Defense 
who are involuntarily separated due to a reduction in force, reloca-
tion as a result of a transfer of function, realignment, or change 
of duty station. Under the pilot program, the Secretary may pay 
retraining incentives to encourage non-Federal employers to hire 
and retain such eligible employees. 
(2) Under the pilot program, the Secretary may enter into 
an agreement with a non-Federal employer under which the 
employer agrees— 
(A) to employ an eligible employee for at least 12 months 
at a salary that is mutually agreeable to the employer and 
the eligible employee; and 
(B) to certify to the Secretary the amount of costs incurred 
by the employer for any necessary training (as defined by 
the Secretary) provided to such eligible employee in connection 
with the employment. 
(3) The Secretary may pay a retraining incentive to the non-
Federal employer upon the employee's completion of 12 months 
of continuous emplo3niient with that employer. The Secretary shall 
determine the amount of the incentive, except that in no event 
may such amount exceed the lesser of the amount certified with 
respect to such eligible employee under paragraph (2)(B), or $10,000. 
(4) In a case in which an eligible employee does not remain 
employed by the non-Federal employer for at least 12 months, 
the Secretary may pay to the employer a prorated amount of what 
would have been the full retraining incentive if the eligible employee 
had remained employed for such 12-month period. 
(b) ELIGIBLE EMPLOYEES.—For purposes of this section, an 
eligible employee is an employee of the Department of Defense, 
serving under an appointment without time limitation, who has 
been employed by the Department for a continuous period of at 
least 12 months and who has been given notice of separation 
pursuant to a reduction in force, relocation as a result of a transfer 
of function, realignment, or change of duty station, except that 
such term does not include— 
(1) a reemployed annuitant under the retirement systems 
described in subchapter III of chapter 83 of title 5, United 
115 STAT. 1236 
PUBLIC LAW 107-107—DEC. 28, 2001 
States Code, or chapter 84 of such title, or another retirement 
system for employees of the Federal Government; 
(2) an employee who, upon separation from Federal service, 
is eligible for an immediate annuity under subchapter III of 
chapter 83 of such title, or subchapter II of chapter 84 of 
such title; or 
(3) an employee who is eligible for disability retirement 
under any of the retirement systems referred to in paragraph 
(1). 
(c) DURATION.—No incentive may be paid under the pilot pro-
gram for training commenced after September 30, 2005. 
(d) DEFINITIONS.—In this section: 
(1) The term "non-Federal employer" means an employer 
that is not an Executive agency, as defined in section 105 
of title 5, United States Code, or an entity in the legislative 
or judicial branch of the Federal Government. 
(2) The term "reduction in force" has the meaning of that 
term as used in chapter 35 of such title 5. 
(3) The term "realignment" has the meaning given that 
term in section 2910 of the Defense Base Closure and Realign-
ment Act of 1990 (title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note). 
SEC. 1103. AUTHORITY OF CIVILIAN EMPLOYEES TO ACT AS NOTA-
RIES. 
(a) CLARIFICATION OF STATUS OF CIVILIAN ATTORNEYS ELIGIBLE 
To ACT AS NOTARIES.—Subsection (b) of section 1044a of title 10, 
United States Code, is amended by striking "legal assistance offi-
cers" in paragraph (2) and inserting "legal assistance attorneys". 
(b) OTHER CIVILIAN EMPLOYEES DESIGNATED TO ACT AS NOTA-
RIES ABROAD.—Such subsection is further amended by adding at 
the end the following new paragraph: 
"(5) For the performance of notarial acts at locations outside 
the United States, all employees of a military department or 
the Coast Guard who are designated by regulations of the 
Secretary concerned or by statute to have those powers for 
exercise outside the United States.". 
SEC. 1104. AUTHORITY TO APPOINT CERTAIN HEALTH CARE PROFES-
SIONALS IN THE EXCEPTED SERVICE. 
(a) AUTHORITY.—Chapter 81 of title 10, United ^States Code, 
is amended by adding at the end the following new section: 
"§ 1599c. Appointment in excepted service of certain health 
care professionals 
"(a) AUTHORITY.—^The Secretary of Defense may appoint in 
the excepted service without regard to the provisions of subchapter 
I of chapter 33 of title 5 (except as provided in section 3328 of 
such title and in subsection (c) of this section) an individual who 
has— 
"(1) a recognized degree or certificate from an accredited 
institution in a covered health care profession or occupation; 
and 
"(2) successfully completed a clinical education program 
affiliated with the Department of Defense or the Department 
of Veterans Affairs. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1237 
"(b) 
COVERED HEALTH CARE PROFESSION OR OCCUPATION.— 
For purposes of subsection (a), a covered health care profession 
or occupation is any of the following: 
"(1) Physician. 
"(2) Dentist. 
"(3) Podiatrist. 
"(4) Optometrist. 
"(5) Nurse. 
"(6) Physician assistant. 
"(7) Expanded-function dental auxiliary. 
"(c) PREFERENCES IN HIRING.—In using the authority provided 
by this section, the Secretary shall apply the principles of preference 
for the hiring of veterans and other individuals established in 
subchapter I of chapter 33 of title 5. 
"(d) PROBATIONARY PERIOD.—^There shall be an initial proba-
tionary period of two years for appointments made under the 
authority of this section. 
"(e) 
PROMOTIONS 
AND 
ADVANCEMENT.—(1) 
Promotions 
of 
individuals appointed under the authority of this section shall be 
made only after an examination performed in accordance with regu-
lations prescribed by the Secretary. 
"(2) Advancement of such individuals within a pay grade may 
be made in increments of the minimum rate of basic pay of the 
grade in accordance with regulations prescribed by the Secretary. 
"(f) REVIEW OF RECORDS BY BOARD.—^The record of each indi-
vidual appointed under the authority of this section in the medical, 
dental, and nursing services shall be reviewed periodically by a 
board, which shall be appointed in accordance with regulations 
prescribed by the Secretary. If such board finds that such individual 
is not fully qualified and satisfactory, such individual shall be 
separated from service. 
"(g) ADJUSTMENT OF PAY.—In accordance with regulations pre-
scribed by the Secretary, the grade and annual rate of basic pay 
of an individual appointed under this section whose level of assign-
ment is changed from a level of assignment in which the grade 
level is based on both the nature of the assignment and qualifica-
tions may be adjusted to the grade and annual rate of basic pay 
otherwise appropriate. 
"(h) APPOINTMENT TO ADDITIONAL POSITIONS.—(1) The Sec-
retary may use the authority of this subsection (subject to para-
graph (2)) to establish the qualifications for, and appoint and 
advance an individual in the Department of Defense as— 
"(A) a clinical or counseling psychologist (if such psycholo-
gist holds a diploma as a diplomate in psychology from an 
accrediting authority approved by the Secretary); 
"(B) a certified or registered respiratory therapist; 
"(C) a licensed physical therapist; 
"(D) a licensed practical or vocational nurse; 
"(E) a pharmacist; or 
"(F) an occupational therapist. 
"(2) Notwithstanding any other provision of this title or any 
other law, all matters relating to adverse actions, disciplinary 
actions, and grievance procedures involving an individual appointed 
to a position described in paragraph (1) (including such actions 
and procedures involving an employee in a probationary status) 
shall be resolved under the provisions of title 5 as though such 
individual had been appointed under such title. 
115 STAT. 1238 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(i) REINSTATEMENT.—In determining eligibility for reinstate-
ment in the civil service of individuals appointed to positions in 
the Department of Defense under this section who at the time 
of appointment have a civil service status and whose emplojmient 
in the Department of Defense is terminated, the period of service 
performed in the Department shall be included in computing the 
period of service under applicable civil service regulations.". 
(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: 
"1599c. Appointment in excepted service of certain health care professionals.". 
Subtitle B—Civilian Personnel 
Management Generally 
SEC. 1111. AUTHORITY TO PROVIDE HOSTILE FIRE PAY. 
(a) IN GENERAL.—Subchapter IV of chapter 59 of title 5, United 
States Code, is amended by adding at the end the following new 
section: 
"§5949. Hostile fire pay 
"(a) The head of an Executive agency may pay an employee 
hostile fire pay at the rate of $150 for any month in which the 
employee was— 
"(1) subject to hostile fire or explosion of hostile mines; 
"(2) on duty in an area in which the employee was in 
imminent danger of being exposed to hostile fire or explosion 
of hostile mines and in which, during the period on duty in 
that area, other employees were subject to hostile fire or explo-
sion of hostile mines; or 
"(3) killed, injured, or wounded by hostile fire, explosion 
of a hostile mine, or any other hostile action. 
"(b) An employee covered by subsection (a)(3) who is hospital-
ized for the treatment of his or her injury or wound may be 
paid hostile fire pay under this section for not more than three 
additional months during which the employee is so hospitalized. 
"(c) An employee may be paid hostile fire pay under this section 
in addition to other pay and allowances to which entitled, except 
that an employee may not be paid hostile fire pay under this 
section for periods of time during which the employee receives 
payment under section 5925 of this title because of exposure to 
political violence or pajnnent under section 5928 of this title.". 
(b) TECHNICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 59 of such title is amended by inserting at the 
end the following new item: 
"5949. Hostile fire pay.". 
10 use 5949 
(c) EFFECTIVE DATE.—^This provision is effective as if enacted 
note. 
into law on September 11, 2001, and may be applied with respect 
to any hostile action that took place on or after that date. 
SEC. 1112. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL 
CREDENTIALS. 
(a) IN GENERAL.—Chapter 57 of title 5, United States Code, 
is amended by adding at the end the following new section: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1239 
"§ 5757. Payment of expenses to obtain professional creden-
tials 
"(a) An agency may use appropriated funds or funds otherwise 
available to the agency to pay for— 
"(1) expenses for employees to obtain professional creden-
tials, including expenses for professional accreditation, State-
imposed and professional licenses, and professional certifi-
cation; and 
"(2) examinations to obtain such credentials. 
"(b) The authority under subsection (a) may not be exercised 
on behalf of any employee occupying or seeking to qualify for 
appointment to any position that is excepted from the competitive 
service because of the confidential, policy-determining, policy-
making, or policy-advocating character of the position.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"5757. Payment of expenses to obtain professional credentials.". 
SEC. 1113. PARITY IN ESTABLISHMENT OF WAGE SCHEDULES AND 
RATES FOR PREVAILING RATE EMPLOYEES. 
(a) IN GENERAL.—Paragraph (2) of section 5343(d) of title 5, 
United States Code, is amended to read as follows: 
"(2) When the lead agency determines that there is a number 
of comparable positions in private industry insufficient to establish 
the wage schedules and rates, such agency shall establish the 
wage schedules and rates on the basis of— 
"(A) local private industry rates; and 
"(B) rates paid for comparable positions in private industry 
in the nearest wage area that such agency determines is most 
similar in the nature of its population, employment, manpower, 
and industry to the local wage area for which the wage survey 
is being made.". 
(b) EFFECTIVE DATE.—^Wage adjustments made pursuant to 5 use 5343 note, 
the amendment made by this section shall take effect in each 
applicable wage area on the first normal effective date of the 
applicable wage survey adjustment that occurs after the date of 
the enactment of this Act. 
SEC. 1114. MODIFICATION OF LIMITATION ON PREMIUM PAY. 
(a) IN GENERAL.—Section 5547 of title 5, United States Code, 
is amended to read as follows: 
''§ 5547. Limitation on premium pay 
"(a) An employee may be paid premium pay under sections 
5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) only 
to the extent that the payment does not cause the aggregate of 
basic pay and such premium pay for any pay period for such 
employee to exceed the greater of— 
"(1) the maximum rate of basic pay payable for GS-15 
(including any applicable locality-based comparability payment 
under section 5304 or similar provision of law and any 
applicable special rate of pay under section 5305 or similar 
provision of law); or 
"(2) the rate payable for level V of the Executive Schedule. 
"(b)(1) Subject to regulations prescribed by the Office of Per-
sonnel Management, subsection (a) shall not apply to an employee 
115 STAT. 1240 
PUBLIC LAW 107-107—DEC. 28, 2001 
who is paid premium pay by reason of work in connection with 
an emergency (including a wildfire emergency) that involves a direct 
threat to life or property, including work performed in the aftermath 
of such an emergency. 
"(2) Notwithstanding paragraph (1), no employee referred to 
in such paragraph may be paid premium pay under the provisions 
of law cited in subsection (a) if, or to the extent that, the aggregate 
of the basic pay and premium pay under those provisions for such 
employee would, in any calendar year, exceed the greater of— 
"(A) the maximum rate of basic pay payable for GS-15 
in effect at the end of such calendar year (including any 
applicable locality-based comparability pa5Tnent under section 
5304 or similar provision of law and any applicable special 
rate of pay under section 5305 or similar provision of law); 
or 
"(B) the rate payable for level V of the Executive Schedule 
in effect at the end of such calendar year. 
"(3) Subject to regulations prescribed by the Office of Personnel 
Management, the head of an agency may determine that subsection 
(a) shall not apply to an employee who is paid premium pay to 
perform work that is critical to the mission of the agency. Such 
employees may be paid premium pay under the provisions of law 
cited in subsection (a) if, or to the extent that, the aggregate 
of the basic pay and premium pay under those provisions for such 
employee would not, in any calendar year, exceed the greater of— 
"(A) the maximum rate of basic pay payable for GS-15 
in effect at the end of such calendar year (including any 
applicable locality-based comparability payment under section 
5304 or similar provision of law and any applicable special 
rate of pay under section 5305 or similar provision of law); 
or 
"(B) the rate payable for level V of the Executive Schedule 
in effect at the end of such calendar year. 
Regulations. 
"(c) The Office of Personnel Management shall prescribe regula-
tions governing the methods of applying subsection (b)(2) and (b)(3) 
to employees who receive premium pay under section 5545(c) or 
5545a, or to firefighters covered by section 5545b who receive over-
time pay for hours in their regular tour of duty, and the method 
of payment to such employees. Such regulations may limit the 
pajonent of such premium pay on a biweekly basis. 
"(d) This section shall not apply to any employee of the Federal 
Aviation Administration or the Department of Defense who is paid 
premium pay under section 5546a.". 
(b) CONFORMING AMENDMENT.—Section 118 of the Treasury 
and General Government Appropriations Act, 2001 (as enacted into 
5 use 5547 note, law by section 1(3) of PubHc Law 106-554; 114 Stat. 2763A-134) 
is amended by striking "limitation on the rate of pay payable 
during a pay period contained in section 5547(c)(2)" and inserting 
"restrictions contained in section 5547", 
5 use 5547 note. 
(c) EFFECTIVE DATE.—^The amendments made by subsections 
(a) and (b) shall take effect on the first day of the first pay period 
beginning on or after the date that is 120 days following the 
date of enactment of this Act. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1241 
SEC. 1115. PARTICIPATION OF PERSONNEL IN TECHNICAL STAND-
ARDS DEVELOPMENT ACTIVITIES. 
Subsection (d) of section 12 of the National Technology Transfer 
and Advancement Act of 1995 (Pub. Law 104-113; 15 U.S.C. 272 
note) is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
"(4) EXPENSES OF GOVERNMENT PERSONNEL.—Section 5946 
of title 5, United States Code, shall not apply with respect 
to any activity of an employee of a Federal agency or depart-
ment that is determined by the head of that agency or depart-
ment as being an activity undertaken in carrying out this 
subsection.". 
SEC. 1116. RETENTION OF TRAVEL PROMOTIONAL ITEMS. 
5 USC 5702 note. 
(a) DEFINITION.—In this section, the term "agency" has the 
meaning given that term under section 5701 of title 5, United 
States Code. 
(b) RETENTION OF TRAVEL PROMOTIONAL ITEMS.—To the extent 
provided under subsection (c), a Federal employee, member of the 
Foreign Service, member of a uniformed service, any family member 
or dependent of such an employee or member, or other individual 
who receives a promotional item (including frequent flyer miles, 
upgrade, or access to carrier clubs or facilities) as a result of 
using travel or transportation services obtained at Federal Govern-
ment expense or accepted under section 1353 of title 31, United 
States Code, may retain the promotional item for personal use 
if the promotional item is obtained under the same terms as those 
offered to the general public and at no additional cost to the Federal 
Government. 
(c) LIMITATION.—Subsection (b)— 
(1) applies only to travel that— 
(A) is at the expense of an agency; or 
(B) is accepted by an agency under section 1353 of 
title 31, United States Code; and 
(2) does not apply to travel by any officer, employee, or 
other official of the Government who is not in or under any 
agency. 
(d) REGULATORY AUTHORITY.—^Any agency with authority to 
prescribe regulations governing the acquisition, acceptance, use, 
or disposal of any travel or transportation services obtained at 
Government expense or accepted under section 1353 of title 31, 
United States Code, may prescribe regulations to carry out sub-
section (b) with respect to those travel or transportation services. 
(e) REPEAL OF SUPERSEDED LAW.—Section 6008 of the Federal 
Acquisition Streamlining Act of 1994 (5 U.S.C. 5702 note; PubHc 
Law 103-355) is repealed. 
(f) APPLICABILITY.—This section shall apply with respect to 
promotional items received before, on, or after the date of enactment 
of this Act. 
SEC. 1117. APPLICABILITY OF CERTAIN LAWS TO CERTAIN INDIVID-
UALS ASSIGNED TO WORK IN THE FEDERAL GOVERN-
MENT. 
Section 3374(c)(2) of title 5, United States Code, is amended 
by inserting "the Ethics in Government Act of 1978, section 27 
89-194 O - 03 - 9 QL 3 Part 2 
115 STAT. 1242 
PUBLIC LAW 107-107—DEC. 28, 2001 
of the Office of Federal Procurement Policy Act," after "chapter 
73 of this title,". 
Subtitle C—Intelligence Civilian Personnel 
SEC. 1121. AUTHORITY TO INCREASE MAXIMUM NUMBER OF POSI-
TIONS IN THE DEFENSE INTELLIGENCE SENIOR EXECU-
TIVE SERVICE. 
Section 1606(a) of title 10, United States Code, is amended 
by striking "517" and inserting "544". 
Subtitle D—Matters Relating To 
Retirement 
SEC. 1131. IMPROVED PORTABILITY OF RETIREMENT COVERAGE FOR 
EMPLOYEES MOVING BETWEEN CIVIL SERVICE EMPLOY-
MENT AND EMPLOYMENT BY NONAPPROPRIATED FUND 
INSTRUMENTALITIES. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8347(q) of 
title 5, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by inserting "and" at the end of subparagraph 
(A); 
(B) by striking subparagraph (B); and 
(C) by redesignating subparagraph (C) as subpara-
graph (B); and 
(2) in paragraph (2)(B)— 
(A) by striking "vested"; and 
(B) by striking ", as the term" and all that follows 
through "such system". 
(b) 
FEDERAL 
EMPLOYEES' 
RETIREMENT 
SYSTEM.—Section 
846 l(n) of such title is amended— 
(1) in paragraph (1)— 
(A) by inserting "and" at the end of subparagraph 
(A); 
(B) by striking subparagraph (B); and 
(C) by redesignating subparagraph (C) as subpara-
graph (B); and 
(2) in paragraph (2)(B)— 
(A) by striking "vested"; and 
(B) by striking ", as the term" and all that follows 
through "such system". 
SEC. 1132. FEDERAL EMPLOYMENT RETIREMENT CREDIT FOR NON-
APPROPRIATED FUND INSTRUMENTALITY SERVICE. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—(1) Section 8332(b) 
of title 5, United States Code, is amended— 
(A) by striking "and" at the end of paragraph (15); 
(B) by striking the period at the end of paragraph (16) 
and inserting "; and"; 
(C) by inserting after paragraph (16) the following new 
paragraph: 
"(17) service performed by any individual as an employee 
paid from nonappropriated funds of an instrumentality of the 
Department of Defense or the Coast Guard described in section 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1243 
2105(c) that is not covered by paragraph (16) and that is 
not otherwise creditable, if the individual elects (in accordance 
with regulations prescribed by the Office) to have such service 
credited under this paragraph."; 
(D) in the last sentence, by inserting "or (17)" after "service 
of the type described in paragraph (16)"; and 
(E) by inserting after the last sentence the following: 
"Service credited under paragraph (17) may not also be credited 
under any other retirement system provided for employees 
paid from nonappropriated funds of a nonappropriated fund 
instrumentality.". 
(2) Section 8334 of such title is amended by adding at the 
end the following new subsection: 
"(n) Notwithstanding subsection (c), no deposit may be made 
with respect to service credited under section 8332(b)(17).". 
(3) Section 8339 of such title is amended by adding at the 
end the following new subsection: 
"(u) The annuity of an employee retiring under this subchapter 
with service credited under section 8332(b)(17) shall be reduced 
by the amount necessary to ensure that the present value of the 
annuity payable to the employee is actuarially equivalent to the 
present value of the annuity that would be payable to the employee 
under this subchapter if it were computed— 
"(1) on the basis of service that does not include service 
credited under section 8332(b)(17); and 
"(2) assuming the employee separated from service on the 
actual date of the separation of the employee. 
The amount of the reduction shall be computed under regulations 
prescribed by the Office of Personnel Management for the adminis-
tration of this subsection.". 
(b) 
FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—(1) Section 
8411 of such title is amended— 
(A) in subsection (b)— 
(i) by striking "and" at the end of paragraph (4); 
(ii) by striking the period at the end of paragraph 
(5) and inserting "; and"; and 
(iii) by inserting after paragraph (5) the following new 
paragraph: 
"(6) service performed by any individual as an employee 
paid from nonappropriated funds of an instrumentality of the 
Department of Defense or the Coast Guard described in section 
2105(c) that is not otherwise creditable, if the individual elects 
(in accordance with regulations prescribed by the Office) to 
have such service credited under this paragraph."; and 
(B) by adding at the end the following new subsection: 
"(k)(l) The Office of Personnel Management shall accept, for 
the purposes of this chapter, the certification of the head of a 
nonappropriated fund instrumentality of the United States con-
cerning service of the type described in subsection (b)(6) that was 
performed for such nonappropriated fund instrumentality. 
"(2) Service credited under subsection (b)(6) may not also be 
credited under any other retirement system provided for employees 
paid from nonappropriated funds of a nonappropriated 
fund 
instrumentality.". 
(2)(A) Section 8422 of such title is amended by adding at 
the end the following new subsection: 
115 STAT. 1244 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(h) No deposit may be made with respect to service credited 
under section 8411(b)(6).". 
(B) The heading for such section is amended to read as follows: 
"§8422. Deductions 
from 
pay; 
contributions 
for 
other 
service". 
(C) The item relating to such section in the table of contents 
at the beginning of chapter 84 of title 5, United States Code, 
is amended to read as follows: 
"8422. Deductions from pay; contributions for other service.". 
(3) Section 8415 of such title is amended by adding at the 
end the following new subsection: 
"(j) The annuity of an employee retiring under this chapter 
with service credited under section 8411(b)(6) shall be reduced 
by the amount necessary to ensure that the present value of the 
annuity payable to the employee under this subchapter is actuari-
ally equivalent to the present value of the annuity that would 
be payable to the employee under this subchapter if it were 
computed— 
"(1) on the basis of service that does not include service 
credited under section 8411(b)(6); and 
"(2) assuming the employee separated from service on the 
actual date of the separation of the employee. 
The amount of the reduction shall be computed under regulations 
prescribed by the Office of Personnel Management for the adminis-
tration of this subsection.". 
5 use 8332 note. 
(c) APPLICABILITY.—^The amendments made by this section shall 
apply only to separations from service as an employee of the United 
States on or after the date of the enactment of this Act. 
SEC. H33. MODIFICATION OF LIMITATIONS ON EXERCISE OF VOL-
UNTARY SEPARATION INCENTIVE PAY AUTHORITY AND 
VOLUNTARY EARLY RETIREMENT AUTHORITY. 
(a) IN GENERAL.—Section 1153(b) of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 (as enacted 
5 use 5597 note, into law by Public Law 106-398; 114 Stat. 1654A-323) is amended— 
(1) in paragraph (1)— 
(A) by striking "(1) Subject to paragraph (2), the" and 
inserting "The"; 
(B) by striking "in each of fiscal years 2002 and 2003, 
not more than 4000 employees of the Department of 
Defense are" and inserting "in fiscal year 2002 not more 
than 2000 employees of the Department of Defense are, 
and in fiscal year 2003 not more than 6000 employees 
of the Department of Defense are"; and 
(C) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; and 
(2) by striking paragraph (2). 
5 use 5597 note. 
(b) CONSTRUCTION.—^The amendments made by subsection (a) 
may be superceded by another provision of law that takes effect 
after the date of the enactment of this Act, and before October 
1, 2003, establishing a uniform system of providing voluntary sepa-
ration incentives (including a system for requiring approval of plans 
by the Office of Management and Budget) for employees of the 
Federal Government. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1245 
TITLE XII—MATTERS RELATING TO 
OTHER NATIONS 
Subtitle A—Matters Related to Arms Control and Monitoring 
Sec. 1201. Clarification of authority to furnish nuclear test monitoring equipment 
to foreign governments. 
Sec. 1202. Limitation on funding for Joint Data Exchange Center in Moscow. 
Sec. 1203. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 
Sec. 1204. Authority for employees of Federal Government contractors to accom-
pany chemical weapons inspection teams at Government-owned facili-
ties. 
Sec. 1205. Plan for securing nuclear weapons, material, and expertise of the states 
of the former Soviet Union. 
Subtitle B—Matters Relating to Allien-and Friendly Foreign Nations 
Sec. 1211. Acquisition of logistical support for security forces. 
Sec. 1212. Extension of authority for international cooperative research and devel-
opment projects. 
Sec. 1213. Cooperative agreements with foreign countries and international organi-
zations for reciprocal use of test facilities. 
Sec. 1214. Sense of Congress on allied defense burdensharing. 
Subtitle C—Reports 
Sec. 1221. Report on significant sales and transfers of military hardware, expertise, 
and technology to the People's Republic of China. 
Sec. 1222. Repeal of requirement for reporting to Congress on military deplojonents 
to Haiti. 
Sec. 1223. Report by Comptroller General on provision of defense articles, services, 
and military education and training to foreign countries and inter-
national organizations. 
Subtitle A—Matters Related to Arms 
Control and Monitoring 
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR 
TEST MONITORING EQUIPMENT TO FOREIGN GOVERN-
MENTS. 
(a) REDESIGNATION OF EXISTING SECTION.—(1) The second sec-
tion 2555 of title 10, United States Code, added by section 1203(a) 
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-324), is redesignated as section 2565. 
(2) The item relating to that section in the table of sections 
at the beginning of chapter 152 of that title is amended to read 
as follows: 
"2565. Nuclear test monitoring equipment: furnishing to foreign governments.". 
(b) CLARIFICATION OF AUTHORITY.—Section 2565 of that title, 
as so redesignated by subsection (a), is amended— 
(1) in subsection (a)— 
(A) by striking "CONVEY OR" in the subsection heading 
and inserting "TRANSFER TITLE TO OR OTHERWISE"; 
(B) in paragraph (1)— 
(i) by striking "convey" and inserting "transfer 
title"; and 
(ii) by striking "and" at the end; 
(C) by striking the period at the end of paragraph 
(2) and inserting "; and"; and 
115 STAT. 1246 
PUBLIC LAW 107-107—DEC. 28, 2001 
(D) by adding at the end the following new paragraph: 
"(3) inspect, test, maintain, repair, or replace any such 
equipment."; and 
(2) in subsection (b)— 
(A) by striking "conveyed or otherwise provided" and 
inserting "provided to a foreign government"; 
(B) by inserting "and" at the end of paragraph (1); 
(C) by striking "; and" at the end of paragraph (2) 
and inserting a period; and 
(D) by striking paragraph (3). 
SEC. 1202. 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 2002 for 
activities associated with the Joint Data Exchange Center in 
Moscow, Russia, may be obligated 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. 1203. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO 
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES. 
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR 
2002.—^The total amount of the assistance for fiscal year 2002 
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 
"2001" and inserting "2002". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1247 
SEC. 1204. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT 
CONTRACTORS TO ACCOMPANY CHEMICAL 
WEAPONS 
INSPECTION TEAMS AT GOVERNMENT-OWNED 
FACILI-
TIES. 
(a) AUTHORITY.—Section 303(b)(2) of the Chemical Weapons 
Convention Implementation Act of 1998 (22 U.S.C. 6723(b)(2)) is 
amended by inserting after "designation of employees of the Federal 
Government" the following: "(and, in the case of an inspection 
of a United States Government facility, the designation of contractor 
personnel who shall be led by an employee of the Federal Govern-
ment)". 
(b) CREDENTIALS.—Section 304(c) of such Act (22 U.S.C. 6724(c)) 
is amended by striking "Federal government" and inserting "Federal 
Government (and, in the case of an inspection of a United States 
Government facility, any accompan5dng contractor personnel)". 
SEC. 1205. PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND 
EXPERTISE OF THE STATES OF THE FORMER SOVIET 
UNION. 
(a) PLAN REQUIRED.—^Not later than June 15, 2002, the Presi- DeadUne. 
dent shall submit to Congress a plan, that has been developed President, 
in coordination with all relevant Federal agencies— 
(1) for cooperating with Russia on disposing, as soon as 
practicable, of nuclear weapons and weapons-usable nuclear 
material in Russia that Russia does not retain in its nuclear 
arsenals; 
(2) for assisting Russia in downsizing its nuclear weapons 
research and production complex; 
(3) for cooperating with the other states of the former 
Soviet Union on disposing, as soon as practicable, of all nuclear 
weapons and weapons-usable nuclear material in such states; 
and 
(4) for preventing the outflow from the states of the former 
Soviet Union of scientific expertise that could be used for devel-
oping nuclear weapons, other weapons of mass destruction, 
and delivery systems for such weapons. 
(b) CONTENT OF PLAN.—^The plan required by subsection (a) 
shall include the following: 
(1) Specific goals and measurable objectives for programs 
that are designed to carry out the objectives described in sub-
section (a). 
(2) Criteria for success for such programs, and a strategy 
for eventual termination of United States contributions to such 
programs and assumption of the ongoing support of those pro-
grams by others. 
(3) A description of any administrative and organizational 
changes necessary to improve the coordination and effectiveness 
of such programs. In particular, the plan shall include consider-
ation of the creation of an interagency committee that would 
have primary responsibilities within the executive branch for— 
(A) monitoring United States nonproliferation efforts 
in the states of the former Soviet Union; 
(B) coordinating the implementation of United States 
policy with respect to such efforts; and 
(C) recommending to the President integrated policies, 
budget options, and private sector and international con-
tributions for such programs. 
115 STAT. 1248 
PUBLIC LAW 107-107—DEC. 28, 2001 
(4) An estimate of the cost of carrying out such programs. 
(c) CONSULTATION.—In developing the plan required by sub-
section (a), the President— 
(1) is encouraged to consult with the relevant states of 
the former Soviet Union regarding the practicality of various 
options; and 
(2) shall consult with the majority and minority leadership 
of the appropriate committees of Congress. 
Subtitle B—Matters Relating to Allies and 
Friendly Foreign Nations 
SEC. 1211. ACQUISITION OF LOGISTICAL SUPPORT FOR 
SECURITY 
FORCES. 
Section 5 of the Multinational Force and Observers Participa-
tion Resolution (22 U.S.C. 3424) is amended by adding at the 
end the following new subsection: 
Contracts. 
"(d)(1) The United States may use contractors to provide 
logistical support to the Multinational Force and Observers under 
this section in lieu of providing such support through a logistical 
support unit comprised of members of the United States Armed 
Forces. 
"(2) Notwithstanding subsections (a) and (b) and section 7(b), 
support by a contractor under this subsection may be provided 
without reimbursement whenever the President determines that 
such action enhances or supports the national security interests 
ofthe United States.". 
SEC. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL 
COOP-
ERATIVE RESEARCH AND DEVELOPMENT PROJECTS. 
(a) 
ELIGIBILITY OF FRIENDLY FOREIGN COUNTRIES.—Section 
2350a of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting "(1)" after "(a) AUTHORITY TO ENGAGE 
IN COOPERATIVE R&D PROJECTS.—"; 
(B) by striking "major allies of the United States or 
NATO organizations" and inserting "countries or organiza-
tions referred to in paragraph (2)"; and 
(C) by adding at the end the following new paragraph: 
"(2) The countries and organizations with which the Secretary 
may enter into a memorandum of agreement (or other formal agree-
ment) under paragraph (1) are as follows: 
"(A) The North Atlantic Treaty Organization. 
"(B) A NATO organization. 
"(C) A member nation of the North Atlantic Treaty 
Organization. 
"(D) A major non-NATO ally. 
"(E) Any other friendly foreign country."; 
(2) in subsection (b)(1)— 
(A) by striking "its major non-NATO allies" and 
inserting "a country or organization referred to in sub-
section (a)(2)"; and 
(B) by striking "(NATO)"; 
(3) in subsection (d)— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1249 
(A) in paragraph (1), by striking "the major alUes of 
the United States" and inserting "countries and organiza-
tions referred to in subsection (a)(2)"; and 
(B) in paragraph (2)— 
(i) by striking "major ally of the United States" 
and inserting "country or organization referred to in 
subsection (a)(2)"; and 
(ii) by striking "that ally's contribution" and 
inserting "the contribution of that country or organiza-
tion"; 
(4) in subsection (e)(2)— 
(A) in subparagraph (A), by striking "one or more of 
the major allies of the United States" and inserting "any 
country or organization referred to in subsection (a)(2)"; 
(B) in subparagraph (B), by striking "major allies of 
the United States or NATO organizations" and inserting 
"countries and organizations referred to in subsection 
(a)(2)"; 
(C) in subparagraph (C), by striking "major allies of 
the tJnited States" and inserting "countries and organiza-
tions referred to in subsection (a)(2)"; and 
(D) in subparagraph (D), by striking "major allies of 
the United States" and inserting "countries and organiza-
tions referred to in subsection (a)(2)"; 
(5) paragraphs (1)(A) and (4)(A) of subsection (g), by 
striking "major allies of the United States and other friendly 
foreign countries" and inserting "countries referred to in sub-
section (a)(2)"; 
(6) in subsection (h), by striking "major allies of the United 
States" and inserting "member nations of the North Atlantic 
Treaty Organization, major non-NATO allies, and other friendly 
foreign countries"; and 
(7) in subsection (i)— 
(A) in paragraph (1), by striking "major allies of the 
United States or NATO organizations" and inserting "coun-
tries and organizations referred to in subsection (a)(2)"; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively. 
(b) NOTICE-AND-WAIT REQUIREMENT.—Subsection (a) of such 
section is further amended by adding at the end the following 
new paragraph: 
"(3) If such a memorandum of understanding (or other formal 
agreement) is with a country referred to in subparagraph (E) of 
paragraph (2), such memorandum (or agreement) may go into effect 
only after the Secretary submits to the Committees on Armed 
Services and on Foreign Relations of the Senate and to the Commit-
tees on Armed Services and on International Relations of the House 
of Representatives a report with respect to the proposed memo-
randum (or agreement) and a period of 30 days has passed after 
the report has been submitted.". 
(c) DELEGATION OF AUTHORITY TO DETERMINE ELIGIBILITY OF 
PROJECTS.—Subsection (b)(2) of such section is amended by striking 
"to the Deputy Secretary of Defense" and all that follows through 
the period at the end and inserting "to the Deputy Secretary of 
Defense and to one other official of the Department of Defense.". 
115 STAT. 1250 
PUBLIC LAW 107-107—DEC. 28, 2001 
(d) 
REVISION 
OF REQUIREMENT 
FOR ANNUAL 
REPORT ON 
ELIGIBLE COUNTRIES.—Subsection (f)(2) of such section is amended 
to read as follows: 
Deadline. 
"(2) Not later than January 1 of each year, the Secretary 
of Defense shall submit to the Committees on Armed Services 
and on Foreign Relations of the Senate and to the Committees 
on Armed Services and on International Relations of the House 
of Representatives a report specifying— 
"(A) the countries that are eligible to participate in a 
cooperative project agreement under this section; and 
"(B) the criteria used to determine the eligibility of such 
countries.". 
(e) CONFORMING AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§ 2350a. Cooperative 
research 
and 
development 
agree-
ments: NATO organizations; allied and friendly 
foreign countries'*. 
(2) The item relating to such section in the table of sections 
at the beginning of subchapter II of chapter 138 of title 10, United 
States Code, is amended to read as follows: 
"2350a. Cooperative research and development agreements: NATO organizations; 
allied and friendly foreign countries.". 
SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES 
AND INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL 
USE OF TEST FACILITIES. 
(a) AUTHORITY.—Subchapter II of chapter 138 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§23501. Cooperative agreements for reciprocal use of test 
facilities: foreign countries and international 
organizations 
"(a) AUTHORITY,—^The Secretary of Defense, with the concur-
rence of the Secretary of State, may enter into a memorandum 
of understanding (or other formal agreement) with a foreign country 
or international organization to provide for the testing, on a recip-
rocal basis, of defense equipment (1) by the United States using 
test facilities of that country or organization, and (2) by that country 
or organization using test facilities of the United States. 
"(b) PAYMENT OF COSTS.—A memorandum or other agreement 
under subsection (a) shall provide that, when a party to the agree-
ment uses a test facility of another party to the agreement, the 
party using the test facility is charged by the party providing 
the test facility in accordance with the following principles: 
"(1) The user party shall be charged the amount equal 
to the direct costs incurred by the provider party in furnishing 
test and evaluation services by the providing party's officers, 
employees, or governmental agencies. 
"(2) The user party may also be charged indirect costs 
relating to the use of the test facility, but only to the extent 
specified in the memorandum or other agreement. 
"(c) 
DETERMINATION 
OF INDIRECT 
COSTS; 
DELEGATION OF 
AUTHORITY.—(1) The Secretary of Defense shall determine the 
appropriateness of the amount of indirect costs charged by the 
United States pursuant to subsection (b)(2). 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1251 
"(2) The Secretary may delegate the authority under paragraph 
(1) only to the Deputy Secretary of Defense and to one other 
official of the Department of Defense. 
"(d) RETENTION OF FUNDS COLLECTED BY THE UNITED STATES.— 
Amounts collected by the United States from a party using a 
test facility of the United States pursuant to a memorandum or 
other agreement under this section shall be credited to the appro-
priation accounts from which the costs incurred by the United 
States in providing such test facility were paid. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'direct cost', with respect to the use of a 
test facility pursuant to a memorandum or other agreement 
under subsection (a)— 
"(A) means any item of cost that is easily and readily 
identified to a specific unit of work or output within the 
test facility where the use occurred, that would not have 
been incurred if such use had not occurred; and 
"(B) may include costs of labor, materials, facilities, 
utilities, equipment, supplies, and any other resources of 
the test facility that are consumed or damaged in connec-
tion with— 
"(i) the use; or 
"(ii) the maintenance of the test facility for pur-
poses of the use. 
"(2) The term 'indirect cost', with respect to the use of 
a test facility pursuant to a memorandum or other agreement 
under subsection (a)— 
"(A) means any item of cost that is not easily and 
readily identified to a specific unit of work or output within 
the test facility where the use occurred; and 
"(B) may include general and administrative expenses 
for such activities as supporting base operations, manufac-
turing, supervision, procurement of office supplies, and 
utilities that are accumulated costs allocated among several 
users. 
"(3) The term 'test facility means a range or other facility 
at which testing of defense equipment may be carried out.", 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
"23501. Cooperative agreements for reciprocal use of test facilities: foreign countries 
and international organizations.". 
SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE BURDEN-
SHARING. 
It is the sense of Congress that— 
(1) the efforts of the President to increase 
defense 
burdensharing by allied and friendly nations deserve strong 
support; and 
(2) host nation support agreements with those nations in 
which United States military personnel are assigned to perma-
nent duty ashore should be negotiated consistent with section 
1221(a)(1) of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 50 U.S.C. 1541(a)(1)), which 
sets forth a goal of obtaining from any such host nation financial 
contributions that amount to 75 percent of the nonpersonnel 
115 STAT. 1252 
PUBLIC LAW 107-107—DEC. 28, 2001 
costs incurred by the United States (Government for stationing 
United States military personnel in that nation. 
Subtitle C—Reports 
SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILI-
TARY HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE 
PEOPLE'S REPUBLIC OF CHINA. 
Section 1202 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 
113 note) is amended by adding at the end the following new 
subsection: 
"(d) REPORT ON SIGNIFICANT SALES AND TRANSFERS TO CHINA.— 
Deadline. 
(1) The report to be submitted under this section not later than 
March 1, 2002, shall include in a separate section a report 
describing any significant sale or transfer of military hardware, 
expertise, and technology to the People's Republic of China. The 
report shall set forth the history of such sales and transfers since 
1995, forecast possible future sales and transfers, and address 
the implications of those sales and transfers for the security of 
the United States and its friends and allies in Asia. 
"(2) The report shall include analysis and forecasts of the 
following matters related to military cooperation between selling 
states and the People's Republic of China: 
"(A) The extent in each selling state of government knowl-
edge, cooperation, or condoning of sales or transfers of military 
hardware, expertise, or technology to the People's Republic 
of China. 
"(B) An itemization of significant sales and transfers of 
military hardware, expertise, or technology from each selling 
state to the People's Republic of China that have taken place 
since 1995, with a particular focus on command, control, 
communications, and intelligence systems. 
"(C) Significant assistance by any selling state to key 
research and development programs of China, including pro-
grams for development of weapons of mass destruction and 
delivery vehicles for such weapons, programs for development 
of advanced conventional weapons, and programs for develop-
ment of unconventional weapons. 
"(D) The extent to which arms sales by any selling state 
to the People's Republic of China are a source of funds for 
military research and development or procurement programs 
in the selling state. 
"(3) The report under paragraph (1) shall include, with respect 
to each area of analysis and forecasts specified in paragraph (2)— 
"(A) an assessment of the military effects of such sales 
or transfers to entities in the People's Republic of China; 
"(B) an assessment of the ability of the People's Liberation 
Army to assimilate such sales or transfers, mass produce new 
equipment, or develop doctrine for use; and 
"(C) the potential threat of developments related to such 
effects on the security interests of the United States and its 
friends and allies in Asia.". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1253 
SEC. 1222. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS 
ON MILITARY DEPLOYMENTS TO HAITI. 
Section 1232(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 788; 50 U.S.C. 
1541 note) is repealed. 
SEC. 1223. REPORT BY COMPTROLLER GENERAL ON PROVISION OF 
DEFENSE ARTICLES, SERVICES, AND MILITARY EDU-
CATION AND TRAINING TO FOREIGN COUNTRIES AND 
INTERNATIONAL ORGANIZATIONS. 
(a) STUDY.—The Comptroller General shall conduct a study 
of the following: 
(1) The benefits derived by each foreign country or inter-
national organization from the receipt of defense articles, 
defense services, or military education and training provided 
after December 31, 1989, pursuant to the drawdown of such 
articles, services, or education and training from the stocks 
of the Department of Defense under section 506, 516, or 552 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j, 
or 2348a) or any other provision of law. 
(2) Any benefits derived by the United States from the 
provision of defense articles, defense services, and military 
education and training described in paragraph (1). 
(3) The effect on the readiness of the Armed Forces as 
a result of the provision by the United States of defense articles, 
defense services, and military education and training described 
in paragraph (1). 
(4) The cost to the Department of Defense with respect 
to the provision of defense articles, defense services, and mili-
tary education and training described in paragraph (1). 
(b) REPORTS.—(1) Not later than April 15, 2002, the Comptroller Deadline. 
General shall submit to Congress an interim report containing 
the results to that date of the study conducted under subsection 
(a). 
(2) Not later than August 1, 2002, the Comptroller General Deadline, 
shall submit to Congress a final report containing the results of 
the study conducted under subsection (a). 
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. Limitation on use of funds until submission of reports. 
Sec. 1304. Requirement to consider use of revenue generated by activities carried 
out under Cooperative Threat Reduction programs. 
Sec. 1305. Prohibition against use of funds for second wing of fissile material stor-
age facility. 
Sec. 1306. Prohibition against use of funds for certain construction activities. 
Sec. 1307. Reports on activities and assistance under Cooperative Threat Reduction 
programs. 
Sec. 1308. Chemical weapons destruction. 
Sec. 1309. Additional matter in annual report on activities and assistance imder 
Cooperative Threat Reduction programs. 
115 STAT. 1254 
PUBLIC LAW 107-107—DEC. 28, 2001 
22 use 5952 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
note. 
PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section 
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 2002 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—^As used in this title, the term "fiscal year 2002 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. FUNDING ALLOCATIONS. 
(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $403,000,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2002 in section 301(23) for Cooperative Threat Reduction 
programs, not more than the following amounts may be obligated 
for the purposes specified: 
(1) For strategic offensive arms elimination in Russia, 
$133,405,000. 
(2) For strategic nuclear arms elimination in Ukraine, 
$51,500,000. 
(3) For nuclear weapons transportation security in Russia, 
$9,500,000. 
(4) For nuclear weapons storage security in Russia, 
$56,000,000. 
(5) For biological weapons proliferation prevention activi-
ties in the former Soviet Union, $ 17,000,000. 
(6) For activities 
designated as Other 
Assessments/ 
Administrative Support, $13,221,000. 
(7) For defense and military contacts, $18,650,000. 
(8) 
For 
chemical 
weapons 
destruction 
in 
Russia, 
$50,000,000. 
(9) For weapons of mass destruction infrastructure elimi-
nation activities in Kazakhstan, $6,000,000. 
(10) For weapons of mass destruction infrastructure elimi-
nation activities in Ukraine, $6,024,000. 
(11) For activities to assist Russia in the elimination of 
plutonium production reactors, $41,700,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 
OTHER PURPOSES.—No fiscal year 2002 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 2002 
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. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1255 
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1) 
Subject to paragraphs (2) and (3), in any case in which the Secretary 
of Defense determines that it is necessary to do so in the national 
interest, the Secretary may obHgate amounts appropriated for fiscal 
year 2002 for a purpose Hsted in any of the paragraphs in subsection 
(a) in excess of the amount specifically authorized for such purpose. 
(2) An obligation of funds for a purpose stated in any of the 
paragraphs in subsection (a) in excess of the specific amount 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 Notification, 
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 the purposes stated in para-
graph (6), (7), or (11) of subsection (a) in excess of 115 percent 
of the amount specifically authorized for such purposes. 
(d) MODIFICATION OF AUTHORITY TO VARY INDIVIDUAL AMOUNTS 
OF FY 2001 FUNDS.—Section 1302(c)(3) 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-340) is amended 
by striking "(4),". 
SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
REPORTS. 
Not more than 50 percent of fiscal year 2002 Cooperative Threat 
Reduction funds may be obligated or expended until 30 days after 
the date of the submission of— 
(1) the report required to be submitted in fiscal year 2001 
under section 1308(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law 
by Public Law 106-398; 114 Stat. 1654A-341); and 
(2) the multiyear plan required to be submitted for fiscal 
year 2001 under section 1308(h) of such Act. 
SEC. 1304. REQUIREMENT TO CONSIDER USE OF REVENUE GEN- 
22USC5952 
E R A T E D B Y ACTIVITIES CARRIED OUT UNDER COOPERA- 
note. 
TIVE THREAT REDUCTION PROGRAMS. 
The Secretary of Defense shall consider the use of revenue 
generated by activities carried out under Cooperative Threat Reduc-
tion programs in negotiating and executing contracts with Russia 
to carry out such programs. 
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING 
OF FISSILE MATERIAL STORAGE FACILITY. 
(a) PROHIBITION.—^No fiscal year 2002 Cooperative Threat 
22 use 5952 
Reduction funds and no funds authorized to be appropriated for note. 
Cooperative Threat Reduction programs for any prior fiscal year 
may be used for the construction of a second wing for a storage 
facility for Russian fissile material. 
(b) CONFORMING AMENDMENT.—Section 1304 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-
341) is amended to read as follows: 
22 USC 5952 
note. 
115 STAT. 1256 
PUBLIC LAW 107-107—DEC. 28, 2001 
"SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL 
STORAGE FACILITY. 
"Out of funds authorized to be appropriated for Cooperative 
Threat Reduction programs for fiscal year 2001 or any other fiscal 
year, not more than $412,600,000 may be used for planning, design, 
or construction of the first wing for the storage facility for Russian 
fissile material referred to in section 1302(a)(5) other than planning, 
design, or construction to improve security at such first wing.". 
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR 
CERTAIN 
CONSTRUCTION ACTIVITIES. 
No fiscal year 2002 Cooperative Threat Reduction funds may 
be used for construction activities carried out under Russia's pro-
gram to eliminate the production of weapons grade plutonium. 
SEC. 1307. REPORTS 
ON 
ACTIVITIES 
AND 
ASSISTANCE 
UNDER 
COOPERATIVE THREAT REDUCTION PROGRAMS. 
Section 1308(c)(4) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
22 use 5959. 
Public Law 106-398; 114 Stat. 1654A-342) is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by striking "audits" and all that follows through 
"conducted" and inserting "means (including program 
management, audits, examinations, and other means) 
used"; and 
(B) by striking "and that such assistance is being used 
for its intended purpose" and inserting ", that such assist-
ance is being used for its intended purpose, and that such 
assistance is being used efficiently and effectively'; 
(2) in subparagraph (C), by inserting "and an assessment 
of whether the assistance being provided is being used effec-
tively and efficiently" before the semicolon; and 
(3) in subparagraph (D), by striking "audits, examinations, 
and other". 
SEC. 1308. CHEMICAL WEAPONS DESTRUCTION. 
Section 1305 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C. 
5952 note) is amended by inserting before the period at the end 
the following: "until the Secretary of Defense submits to Congress 
a certification that there has been— 
"(1) information provided by Russia, that the United States 
assesses to be full and accurate, regarding the size of the 
chemical weapons stockpile of Russia; 
"(2) a demonstrated annual commitment by Russia to allo-
cate at least $25,000,000 to chemical weapons elimination; 
"(3) development by Russia of a practical plan for 
destro5dng its stockpile of nerve agents; 
"(4) enactment of a law by Russia that provides for the 
elimination of all nerve agents at a single site; 
"(5) an agreement by Russia to destroy or convert its chem-
ical 
weapons 
production 
facilities 
at 
Volgograd 
and 
Novocheboksark; and 
"(6) a demonstrated commitment from the international 
community to fund and build infrastructure needed to support 
and operate the facility.". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1257 
SEC. 1309. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES 
AND ASSISTANCE UNDER COOPERATIVE THREAT REDUC-
TION PROGRAMS. 
Section 1308(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-341) (as amended by section 
1308) is further amended by adding at the end of the following 22USC5959. 
new paragraph: 
"(6) A description of the amount of the financial commit-
ment from the international community, and from Russia, for 
the chemical weapons destruction facility located at Shchuch'ye, 
Russia, for the fiscal year beginning in the year in which 
the report is submitted.". 
TITLE XIV—ARMED FORCES 
RETIREMENT HOME 
Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991. 
Sec. 1402. Definitions. 
Sec. 1403. Revision of authority establishing the Armed Forces Retirement Home. 
Sec. 1404. Chief Operating Officer. 
Sec. 1405. Residents of Retirement Home. 
Sec. 1406. Local Boards of Trustees. 
Sec. 1407. Directors, Deputy Directors, Associate Directors, and staff of facilities. 
Sec. 1408. Disposition of effects of deceased persons and unclaimed property. 
Sec. 1409. Transitional provisions. 
Sec. 1410. Conforming and clerical amendments and repeals of obsolete provisions. 
SEC. 1401. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT 
OF 1991. 
Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Armed Forces Retirement Home Act of 1991 (title XV of Public 
Law 101-510; 24 U.S.C. 401 et seq.). 
SEC. 1402. DEFINITIONS. 
Section 1502 (24 U.S.C. 401) is amended— 
(1) by striking paragraphs (1), (2), (3), (4), and (5), and 
inserting the following new paragraphs: 
"(1) The term 'Retirement Home' includes the institutions 
established under section 1511, as follows: 
"(A) The Armed Forces Retirement Home—^Wash-
ington. 
"(B) The Armed Forces Retirement Home—Gulfport. 
"(2) The term 'Local Board' means a Local Board of Trustees 
established under section 1516. 
"(3) The terms 'Armed Forces Retirement Home Trust 
Fund' and 'Fund' mean the Armed Forces Retirement Home 
Trust Fund established under section 1519(a)."; 
(2) by redesignating paragraphs (6), (7), and (8) as para-
graphs (4), (5), and (6), respectively; and 
(3) in paragraph (5), as so redesignated— 
(A) in subparagraph (C), by striking ", Manpower and 
Personnel" and inserting "for Personnel"; and 
(B) in subparagraph (D), by striking "with responsi-
bility for personnel matters" and inserting "for Manpower 
and Reserve Affairs". 
115 STAT. 1258 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 1403. REVISION OF AUTHORITY ESTABLISHING THE ARMED 
FORCES RETIREMENT HOME. 
Section 1511 (24 U.S.C. 411) is amended to read as follows: 
"SEC. 1511. ESTABLISHMENT OF THE ARMED FORCES RETIREMENT 
HOME. 
"(a) INDEPENDENT ESTABLISHMENT.—The Armed Forces Retire-
ment Home is an independent establishment in the executive 
branch. 
"(b) PURPOSE.—^The purpose of the Retirement Home is to pro-
vide, through the Armed Forces Retirement Home—^Washington 
and the Armed Forces Retirement Home—Gulfport, residences and 
related services for certain retired and former members of the 
Armed Forces. 
"(c) FACILITIES.—(1) Each facility of the Retirement Home 
referred to in paragraph (2) is a separate establishment of the 
Retirement Home. 
"(2) The United States Soldiers' and Airmen's Home is hereby 
redesignated as the Armed Forces Retirement Home—^Washington. 
The Naval Home is hereby redesignated as the Armed Forces Retire-
ment Home—Gulfport. 
"(d) OPERATION.—<1) The Chief Operating Officer of the Armed 
Forces Retirement Home is the head of the Retirement Home. 
The Chief Operating Officer is subject to the authority, direction, 
and control of the Secretary of Defense. 
"(2) Each facility of the Retirement Home shall be maintained 
as a separate establishment of the Retirement Home for administra-
tive purposes and shall be under the authority, direction, and 
control of the Director of that facility. The Director of each facility 
of the Retirement Home is subject to the authority, direction, and 
control of the Chief Operating Officer. 
"(e) PROPERTY AND FACILITIES.—(1) The Retirement Home shall 
include such property and facilities as may be acquired under 
paragraph (2) or accepted under section 1515(f) for inclusion in 
the Retirement Home. 
"(2) The Secretary of Defense may acquire, for the benefit 
of the Retirement Home, property and facilities for inclusion in 
the Retirement Home. 
"(3) The Secretary of Defense may dispose of any property 
of the Retirement Home, by sale, lease, or otherwise, that the 
Secretary determines is excess to the needs of the Retirement 
Home. The proceeds from such a disposal of property shall be 
deposited in the Armed Forces Retirement Home Trust Fund. No 
such disposal of real property shall be effective earlier than 120 
days after the date on which the Secretary transmits a notification 
of the proposed disposal to the Committees on Armed Services 
of the Senate and the House of Representatives. 
"(f) 
DEPARTMENT OF DEFENSE SUPPORT.—The Secretary 
of 
Defense may make available from the Department of Defense to 
the Retirement Home, on a nonreimbursable basis, administrative 
support and office services, legal and policy planning assistance, 
access to investigative facilities of the Inspector G^eneral of the 
Department of Defense and of the military departments, and any 
other support necessary to enable the Retirement Home to carry 
out its functions under this title. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1259 
"(g) 
ACCREDITATION.—^The 
Chief 
Operating 
Officer 
shall 
endeavor to secure for each facility of the Retirement Home accredi-
tation by a nationally recognized civilian accrediting organization, 
such as the Continuing Care Accreditation Commission and the 
Joint Commission for Accreditation of Health Organizations. 
"(h) ANNUAL REPORT.—^The Secretary of Defense shall transmit 
to Congress an annual report on the financial and other affairs 
of the Retirement Home for each fiscal year.". 
SEC. 1404. CHIEF OPERATING OFFICER. 
(a) ESTABLISHMENT AND AUTHORITY OF POSITION.—Section 1515 
(24 U.S.C. 415) is amended to read as follows: 
"SEC. 1515. CHIEF OPERATING OFFICER. 
"(a) APPOINTMENT.—(1) The Secretary of Defense shall appoint 
the Chief Operating Officer of the Retirement Home. 
"(2) The Chief Operating Officer shall serve at the pleasure 
of the Secretary of Defense. 
"(3) The Secretary of Defense shall evaluate the performance 
of the Chief Operating Officer at least once each year. 
"(b) QUALIFICATIONS.—^To qualify for appointment as the Chief 
Operating Officer, a person shall— 
"(1) be a continuing care retirement community profes-
sional; 
"(2) have appropriate leadership and management skills; 
and 
"(3) have experience and expertise in the operation and 
management of retirement homes and in the provision of long-
term medical care for older persons. 
"(c) RESPONSIBILITIES.—(1) The Chief Operating Officer shall 
be responsible to the Secretary of Defense for the overall direction, 
operation, and management of the Retirement Home and shall 
report to the Secretary on those matters. 
"(2) The Chief Operating Officer shall supervise the operation 
and administration of the Armed Forces Retirement Home—^Wash-
ington and the Armed Forces Retirement Home—Gulfport, including 
the Local Boards of those facilities. 
"(3) The Chief Operating Officer shall perform the following 
duties: 
"(A) Issue, and ensure compliance with, appropriate rules 
for the operation of the Retirement Home. 
"(B) Periodically visit, and inspect the operation of, the 
facilities of the Retirement Home. 
"(C) Periodically examine and audit the accounts of the 
Retirement Home. 
"(D) Establish any advisory body or bodies that the Chief 
Operating Officer considers to be necessary. 
"(d) COMPENSATION.—(1) The Secretary of Defense may pre-
scribe the pay of the Chief Operating Officer, except that the 
annual rate of basic pay, including locality pay, of the Chief Oper-
ating Officer may not exceed the annual rate of basic pay payable 
for level III of the Executive Schedule under section 5314 of title 
5, United States Code. 
"(2) In addition to basic pay and any locality pay prescribed 
for the Chief Operating Officer, the Secretary may award the Chief 
Operating Officer, not more than once each year, a bonus based 
on the performance of the Chief Operating Officer for the year. 
The Secretary shall prescribe the amount of any such bonus. 
115 STAT. 1260 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(3) The total amount of the basic pay and bonus paid the 
Chief Operating Officer for a year under this section may not 
exceed the annual rate of basic pay payable for level I of the 
Executive Schedule under section 5312 of title 5, United States 
Code. 
"(e) ADMINISTRATIVE STAFF.—(1) The Chief Operating Officer 
may, subject to the approval of the Secretary of Defense, appoint 
a staff to assist in the performance of the Chief Operating Officer's 
duties in the overall administration of the Retirement Home. 
"(2) The Chief Operating Officer shall prescribe the rates of 
pay applicable to the members of the staff appointed under para-
graph (1), except that— 
"(A) a staff member who is a member of the Armed Forces 
on active duty or who is a full-time officer or employee of 
the United States may not receive additional pay by reason 
of service on the administrative staff; and 
"(B) the limitations in section 5373 of title 5, United States 
Code, relating to pay set by administrative action, shall apply 
to the rates of pay prescribed under this paragraph. 
"(f) ACCEPTANCE OF GIFTS.—(1) The Chief Operating Officer 
may accept gifts of money, property, and facilities on behalf of 
the Retirement Home. 
"(2) Monies received as gifts, or realized from the disposition 
of property and facilities received as gifts, shall be deposited in 
the Armed Forces Retirement Home Trust Fund.". 
(b) TRANSFER OF AUTHORITIES.—(1) The following provisions 
are amended by striking "Retirement Home Board" each place 
it appears and inserting "Chief Operating Officer": 
(A) Section 1512 (24 U.S.C. 412), relating to eligibility 
and acceptance for residence in the Armed Forces Retirement 
Home. 
24 use 413. 
(B) Section 1513(a) (24 U.S.C. 412(a)), relating to services 
provided to residents of the Armed Forces Retirement Home. 
(C) Section 1518(c) (24 U.S.C. 418(c)), relating to inspection 
of the Armed Forces Retirement Home. 
(2) Section 1519(c) (24 U.S.C. 419(c)), relating to authority 
to invest funds in the Armed Forces Retirement Home Trust Fund, 
is amended by striking "Director" and inserting "Chief Operating 
Officer". 
(3) Section 1521(a) (24 U.S.C. 421(a)), relating to payment 
of residents for services, is amended by striking "Chairman of 
the Armed Forces Retirement Board" and inserting "Chief Oper-
ating Officer". 
(4) Section 1522 (24 U.S.C. 422), relating to authority to accept 
certain uncompensated services, is amended— 
(A) in subsection (a)— 
(i) by striking "Chairman of the Retirement Home 
Board or the Director of each establishment" and inserting 
"Chief Operating Officer or the Director of a facility"; and 
(ii) by striking "unless" and all that follows through 
"Retirement Home Board"; 
(B) in subsection (b)(1)— 
(i) by striking "Chairman of the Retirement Home 
Board or the Director of the establishment" and inserting 
"Chief Operating Officer or the Director of a facility"; and 
(ii) by inserting "offering the services" after "notify 
the person"; 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1261 
(C) in subsection (b)(2), by striking "Chairman" and 
inserting "Chief Operating Officer"; 
(D) in subsection (c), by striking "Chairman of the Retire-
ment Home Board or the Director of an estabUshment" and 
inserting "Chief Operating Officer or the Director of a facihty"; 
and 
(E) in subsection (e)— 
(i) by striking "Chairman of the Retirement Board 
or the Director of the establishment" in the first sentence 
and inserting "Chief Operating Officer or the Director of 
a facihty"; and 
(ii) by striking "Chairman" in the second sentence and 
inserting "Chief Operating Officer". 
(5) Section 1523(b) (24 U.S.C. 423(b)), relating to preservation 
of historic buildings and grounds at the Armed Forces Retirement 
Home—^Washington, is amended by striking "Chairman of the 
Retirement Home Board" and inserting "Chief Operating Officer", 
SEC. 1405. RESIDENTS OF RETIREMENT HOME. 
(a) REPEAL OF REQUIREMENT OF RESIDENT TO REAPPLY AFTER 
SUBSTANTIAL ABSENCE.—Subsection (e) of section 1512 (24 U.S.C. 
412) is repealed. 
(b) FEES PAID BY RESIDENTS.—Section 1514 (24 U.S.C. 414) 
is amended to read as follows: 
"SEC. 1514, FEES PAID BY RESIDENTS. 
"(a) MONTHLY FEES.—^The Director of each facility of the Retire-
ment Home shall collect a monthly fee from each resident of that 
facility. 
"(b) DEPOSIT OF FEES.—^The Directors shall deposit fees col-
lected under subsection (a) in the Armed Forces Retirement Home 
Trust Fund. 
"(c) FIXING FEES.—(1) The Chief Operating Officer, with the 
approval of the Secretary of Defense, shall from time to time pre-
scribe the fees required by subsection (a). Changes to such fees 
shall be based on the financial needs of the Retirement Home 
and the ability of the residents to pay. A change of a fee may 
not take effect until 120 days after the Secretary of Defense trans-
mits a notification of the change to the Committees on Armed 
Services of the Senate and the House of Representatives. 
"(2) The fee shall be fixed as a percentage of the monthly 
income and monthly payments (including Federal 
payments) 
received by a resident. The percentage shall be the same for each 
facility of the Retirement Home. The Secretary of Defense may 
make any adjustment in a percentage that the Secretary determines 
appropriate. 
"(3) The fee shall be subject to a limitation on maximum 
monthly amount. The amount of the limitation shall be increased, 
effective on January 1 of each year, by the percentage of the 
increase in retired pay and retainer pay that takes effect on the 
preceding December 1 under subsection (b) of section 1401a of 
title 10, United States Code, without regard to paragraph (3) of 
such subsection. The first increase in a limitation on maximum 
monthly amount shall take effect on January 1, 2003. 
"(d) TRANSITIONAL FEE STRUCTURES.—(1) Until different fees 
are prescribed and take effect under subsection (c), the percentages 
and limitations on maximum monthly amount that are applicable 
to fees charged residents of the Retirement Home are (subject 
115 STAT. 1262 
PUBLIC LAW 107-107—DEC. 28, 2001 
to any adjustment that the Secretary of Defense determines appro-
priate) as follows: 
"(A) For months beginning before January 1, 2002— 
"(i) for a permanent health care resident, 65 percent 
(without limitation on maximum monthly amount); and 
"(ii) for a resident who is not a permanent health 
care resident, 40 percent (without limitation on maximum 
monthly amount). 
"(B) For months beginning after December 31, 2001— 
"(i) for an independent living resident, 35 percent, but 
not to exceed $1,00(5 each month; 
"(ii) for an assisted living resident, 40 percent, but 
not to exceed $1,500 each month; and 
"(iii) for a long-term care resident, 65 percent, but 
not to exceed $2,500 each month. 
"(2) Notwithstanding the limitations on maximum monthly 
amount prescribed under subsection (c) or set forth in paragraph 
(1)(B), until the earlier of December 31, 2006, or the date on 
which an independent living resident or assisted living resident 
of the Armed Forces Retirement Home—Gulfport occupies a ren-
ovated room at that facility, as determined by the Secretary of 
Defense, the limitation on maximum monthly amount applicable 
to the resident for months beginning after December 31, 2001, 
shall be— 
"(A) in the case of an independent living resident, $800; 
and 
"(B) in the case of an assisted living resident, $1,300.". 
SEC. 1406. LOCAL BOARDS OF TRUSTEES. 
Section 1516 (24 U.S.C. 416) is amended to read as follows: 
"SEC. 1516. LOCAL BOARDS OF TRUSTEES. 
"(a) ESTABLISHMENT.—Each facility of the Retirement Home 
shall have a Local Board of Trustees. 
"(b) DUTIES.—^The Local Board for a facility shall serve in 
an advisory capacity to the Director of the facility and to the 
Chief Operating Officer. 
"(c) COMPOSITION.—(1) The Local Board for a facility shall 
consist of at least 11 members who (except as otherwise specifically 
provided) shall be appointed by the Secretary of Defense in consulta-
tion with each of the Secretaries of the military departments con-
cerned. At least one member of the Local Board shall have a 
perspective that is oriented toward the Retirement Home overall. 
The Local Board for a facility shall consist of the following members: 
"(A) One member who is a civilian expert in nursing home 
or retirement home administration and financing from the geo-
graphical area of the facility. 
"(B) One member who is a civilian expert in gerontology 
from the geographical area of the facility. 
"(C) One member who is a service expert in financial 
management. 
"(D) One representative of the Department of Veterans 
Affairs regional office nearest in proximity to the facility, who 
shall be designated by the Secretary of Veterans Affairs. 
"(E) One representative of the resident advisory committee 
or council of the facility. 
"(F) One enlisted representative of the Services' Retiree 
Advisory Council. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1263 
"(G) The senior noncommissioned officer of one of the 
Armed Forces. 
"(H) One senior representative of the military hospital 
nearest in proximity to the facility. 
"(I) One senior judge advocate from one of the Armed 
Forces. 
"(J) The Director of the facility, who shall be a nonvoting 
member. 
"(K) One senior representative of one of the chief personnel 
officers of the Armed Forces. 
"(L) Other members designated by the Secretary of Defense 
(if the Local Board is to have more than 11 members). 
"(2) The Secretary of Defense shall designate one member of 
a Local Board to serve as the chairman of the Local Board at 
the pleasure of the Secretary of Defense. 
"(d) TERMS.—(1) Except as provided in subsections (e), (f), and 
(g), the term of office of a member of a Local Board shall be 
five years. 
"(2) Unless earlier terminated by the Secretary of Defense, 
a person may continue to serve as a member of the Local Board 
sifter the expiration of the member's term until a successor is 
appointed or designated, as the case may be. 
"(e) EARLY EXPIRATION OF TERM.—^A member of a Local Board 
who is a member of the Armed Forces or an employee of the 
United States serves as a member of the Local Board only for 
as long as the member is assigned to or serving in a position 
for which the duties include the duty to serve as a member of 
the Local Board. 
"(f) VACANCIES.—(1) A vacancy in the membership of a Local 
Board shall be filled in the manner in which the original appoint-
ment or designation was made, as the case may be. 
"(2) A member appointed or designated to fill a vacancy occur-
ring before the end of the term of the predecessor of the member 
shall be appointed or designated, as the case may be, for the 
remainder of the term for which the predecessor was appointed. 
"(3) A vacancy in a Local Board shall not affect its authority 
to perform its duties. 
"(g) EARLY TERMINATION.—^The Secretary of Defense may termi-
nate the appointment of a member of a Local Board before the 
expiration of the member's term for any reason that the Secretary 
determines appropriate. 
"(h) COMPENSATION.—(1) Except as provided in paragraph (2), 
a member of a Local Board shall— 
"(A) be provided a stipend consistent with the daily govern-
ment consultant fee for each day on which the member is 
engaged in the performance of services for the Local Board; 
and 
"(B) while away from home or regular place of business 
in the performance of services for the Local Board, be allowed 
travel expenses (including per diem in lieu of subsistence) in 
the same manner as a person employed intermittently in 
Government under sections 5701 through 5707 of title 5, United 
States Code. 
"(2) A member of a Local Board who is a member of the 
Armed Forces on active duty or a full-time officer or employee 
of the United States shall receive no additional pay by reason 
of serving as a member of a Local Board.". 
115 STAT. 1264 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 1407. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS, 
AND STAFF OF FACILITIES. 
Section 1517 (24 U.S.C. 417) is amended to read as follows: 
"SEC. 1517. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS, 
AND STAFF OF FACILITIES. 
"(a) APPOINTMENT.—^The Secretary of Defense shall appoint 
a Director, a Deputy Director, and an Associate Director for each 
facility of the Retirement Home. 
"(b) DIRECTOR.—The Director of a facility shall— 
"(1) be a civilian with experience as a continuing care 
retirement community professional or a member of the Armed 
Forces serving on active duty in a grade below brigadier general 
or, in the case of the Navy, rear admiral (lower half); 
"(2) have appropriate leadership and management skills; 
and 
"(3) be required to pursue a course of study to receive 
certification as a retirement facilities director by an appropriate 
civilian certifying organization, if the Director is not so certified 
at the time of appointment. 
"(c) DUTIES OF DIRECTOR.—(1) The Director of a facility shall 
be responsible for the day-to-day operation of the facility, including 
the acceptance of applicants to be residents of that facility. 
"(2) The Director of a facility shall keep accurate and complete 
records of the facility. 
"(d) DEPUTY DIRECTOR.—(1) The Deputy Director of a facility 
shall— 
"(A) be a civilian with experience as a continuing care 
retirement community professional or a member of the Armed 
Forces serving on active duty in a grade below colonel or, 
in the case of the Navy, captain; and 
"(B) have appropriate leadership and management skills. 
"(2) The Deputy Director of a facility shall serve at the pleasure 
of the Secretary of Defense. 
"(e) DUTIES OF DEPUTY DIRECTOR.—^The Deputy Director of 
a facility shall, under the authority, direction, and control of the 
Director of the facility, perform such duties as the Director may 
assign. 
"(f) ASSOCIATE DIRECTOR.—(1) The Associate Director of a 
facility shall— 
"(A) be a member of the Armed Forces serving on active 
duty in the grade of Sergeant Major, Master Chief Petty Officer, 
or Chief Master Sergeant or a member or former member 
retired in that grade; and 
"(B) have appropriate leadership and management skills. 
"(2) The Associate Director of a facility shall serve at the 
pleasure of the Secretary of Defense. 
"(g) DUTIES OF ASSOCIATE DIRECTOR.—^The Associate Director 
of a facility shall, under the authority, direction, and control of 
the Director and Deputy Director of the facility, serve as ombuds-
man for the residents and perform such other duties as the Director 
may assign. 
"(h) STAFF.—(1) The Director of a facility may, subject to the 
approval of the Chief Operating Officer, appoint and prescribe the 
pay of such principal staff as the Director considers appropriate 
to assist the Director in operating the facility. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1265 
"(2) The principal staff of a facility shall include persons with 
experience and expertise in the operation and mginagement of retire-
ment homes and in the provision of long-term medicEil care for 
older persons. 
"(i) ANNUAL EVALUATION OF DIRECTORS.—(1) The Chief Oper-
ating Officer shall evaluate the performance of each of the Directors 
of the facilities of the Retirement Home each year. 
"(2) The Chief Operating Officer shall submit to the Secretary 
of Defense any recommendations regarding a Director that the 
Chief Operating Officer determines appropriate taking into consid-
eration the annual evaluation.". 
SEC. 1408. DISPOSITION OF EFFECTS OF DECEASED PERSONS AND 
UNCLAIMED PROPERTY. 
(a) 
LEGAL REPRESENTATION FOR RETIREMENT HOME.—Sub-
section (b)(2)(A) of section 1520 (24 U.S.C. 420) is amended by 
inserting "who is a full-time officer or employee of the United 
States or a member of the Armed Forces on active duty" after 
"may designate an attorney". 
(b) CORRECTION OF REFERENCE.—Subsection (b)(1)(B) of such 
section is amended by inserting "Armed Forces" before "Retirement 
Home Trust Fund". 
SEC. 1409. TRANSITIONAL PROVISIONS. 
Part B is amended by striking sections 1531, 1532, and 1533 10USC2772 
and inserting the following new sections: 
^ote; 24 USC 
"SEC. 1531. TEMPORARY CONTINUATION OF ARMED FORCES RETIRE- 
24 USC 431. 
MENT HOME BOARD. 
"Until the Secretary of Defense appoints the first Chief Oper-
ating Officer after the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2002, the Armed Forces Retirement Home 
Board, as constituted on the day before the date of the enactment 
of that Act, shall continue to serve and shall perform the duties 
of the Chief Operating Officer. 
"SEC. 1532. DIRECTORS OF FACILITIES. 
24 USC 432. 
"(a) ACTIVE DUTY OFFICERS.—During the three-year period 
beginning on the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2002, the Directors and Deputy 
Directors of the facilities shall be members of the Armed Forces 
serving on active duty, notwithstanding the authority in subsections 
(b) and (d) of section 1517 for the Directors and Deputy Directors 
to be civilians. 
"(b) TEMPORARY CONTINUATION OF DIRECTOR OF THE ARMED 
FORCES RETIREMENT HOME—WASHINGTON.—The person serving as 
the Director of the Armed Forces Retirement Home—^Washington 
on the day before the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2002 may continue to serve as the Director 
of that facility until April 2, 2002. 
"SEC. 1533. TEMPORARY CONTINUATION OF INCUMBENT DEPUTY 24USC433. 
DIRECTORS. 
"A person serving as the Deputy Director of a facility of the 
Retirement Home on the day before the enactment of the National 
Defense Authorization Act for Fiscal YeEO- 2002 may continue to 
serve, at the pleasure of the Secretary of Defense, as the Deputy 
Director until the date on which a Deputy Director is appointed 
115 STAT. 1266 
PUBLIC LAW 107-107—DEC. 28, 2001 
for that facility under section 1517, except that the service in 
that position may not continue under this section after December 
31, 2004.". 
SEC. 1410. CONFORMING AND CLERICAL AMENDMENTS AND REPEALS 
OF OBSOLETE PROVISIONS. 
(a) CONFORMING AMENDMENTS.—(1) Section 1513(b) (24 U.S.C. 
413(b)), relating to services provided to residents of the Armed 
Forces Retirement Home, is amended by striking "maintained as 
a separate establishment" in the second sentence. 
(2) The heading for section 1519 (24 U.S.C. 419) is amended 
to read as follows: 
"SEC. 1519. ARMED FORCES RETIREMENT HOME TRUST FUND.". 
(3) Section 1520 (24 U.S.C. 420), relating to disposition of 
effects of deceased persons and unclaimed property, is amended— 
(A) in subsection (a), by striking "each facility that is 
maintained as a separate establishment" and inserting "a 
facility"; 
(B) in subsection (b)(2)(A), by striking "maintained as a 
separate establishment"; and 
(C) in subsection (e), by striking "Directors" and inserting 
"Director of the facility". 
(4)(A) Section 1523 (24 U.S.C. 423), relating to preservation 
of historic buildings and grounds at the Armed Forces Retirement 
Home—^Washington, is amended by striking "United States Soldiers' 
and Airmen's Home" each place it appears and inserting "Armed 
Forces Retirement Home—^Washington". 
(B) The heading for such section is amended to read as follows: 
"SEC. 
1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS 
AT THE ARMED FORCES RETIREMENT HOME—WASH-
INGTON.". 
(5) Section 1524 (24 U.S.C. 424), relating to conditional super-
visory control of the Retirement Home Board, is repealed. 
(b) REPEAL OF OBSOLETE PROVISIONS.—^The following provisions 
are repealed: 
(1) Section 1512(f) (24 U.S.C. 412(f)), relating to the applica-
bility of certain eligibility requirements. 
(2) Section 1519(d) (24 U.S.C. 419(d)), relating to transi-
tional accounts in the Armed Forces Retirement Home Trust 
Fund. 
24 use 401 note, 
(3) Part C, relating to effective date and authorization 
441. 
of appropriations. 
(c) ADDITION OF TABLE OF CONTENTS.—Section 1501 (24 U.S.C. 
401 note) is amended— 
(1) by inserting "(a) SHORT TITLE.—" before "This title"; 
and 
(2) by adding at the end the following new subsection: 
"(b) TABLE OF CONTENTS.—^The table of contents for this title 
is as follows: 
"Sec. 1501. Short title; table of contents. 
"Sec. 1502. Definitions. 
"PART A—^ESTABLISHMENT AND OPERATION OF RETIREMENT HOME 
"Sec. 1511. Establishment of the Armed Forces Retirement Home. 
"Sec. 1512. Residents of Retirement Home. 
"Sec. 1513. Services provided residents. 
"Sec. 1514. Fees paid by residents. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1267 
"Sec. 1515. Chief Operating Officer. 
"Sec. 1516. Local Boards of Trustees. 
"Sec. 1517. Directors, Deputy Directors, Associate Directors, and staff of facilities. 
"Sec. 1518. Inspection of Retirement Home. 
"Sec. 1519. Armed Forces Retirement Home Trust Fund. 
"Sec. 1520. Disposition of effects of deceased persons; unclaimed property. 
"Sec. 1521. Payment of residents for services. 
"Sec. 1522. Authority to accept certain uncompensated services. 
"Sec. 1523. Preservation of historic buildings and grounds at the Armed Forces Re-
tirement Home—Washington. 
"PART B—TRANSITIONAL PROVISIONS 
"Sec. 1531. Temporary Continuation of Armed Forces Retirement Home Board. 
"Sec. 1532. Directors of Facilities. 
"Sec. 1533. Temporary Continuation of Incumbent Deputy Directors.". 
TITLE XV—ACTIVITIES RELATING TO 
COMBATING TERRORISM 
Subtitle A—Increased Funding for Combating Terrorism 
Sec. 1501. Definitions. 
Sec. 1502. Authorization of emergency appropriations for fiscal year 2001 made by 
Public Law 107-38 and allocated for national defense functions. 
Sec. 1503. Authorization of emergency supplemental appropriations for fiscal year 
2002. 
Sec. 1504. Authorization of use of funds for military construction projects. 
Sec. 1505. Treatment of transferred amounts. 
Sec. 1506. Quarterly reports. 
Subtitle B—Policy Matters Relating to Combating Terrorism 
Sec. 1511. Study and report on the role of the Department of Defense with respect 
to homeland security. 
Sec. 1512. Combating Terrorism Readiness Initiatives Fund for combatant com-
mands. 
Sec. 1513. Conveyances of equipment and related materials loaned to State and 
local governments as assistance for emergency response to a use or 
threatened use of a weapon of mass destruction. 
Sec. 1514. Two-year extension of advisory panel to assess domestic response capa-
bilities for terrorism involving weapons of mass destruction. 
Subtitle A—Increased Funding for 
Combating Terrorism 
SEC. 1501. DEFINITIONS. 
For purposes of this subtitle: 
(1) The term "ETR Supplemental Appropriations Act, 2001" 
means the 2001 Emergency Supplemental Appropriations Act 
for Recovery from and Response to Terrorist Attacks on the 
United States (Public Law 107-38). 
(2) The term "Emergency Supplemental Appropriations Act, 
2002" means an Act (or a portion of an Act) malang available 
for obligation emergency appropriations that were provided, 
subject to enactment in a subsequent appropriation Act, in 
the ETR Supplemental Appropriations Act, 2001. 
SEC. 1502. AUTHORIZATION OF EMERGENCY APPROPRIATIONS FOR 
FISCAL YEAR 2001 MADE BY PUBLIC LAW 107-38 AND ALLO-
CATED FOR NATIONAL DEFENSE FUNCTIONS. 
(a) ADJUSTMENT IN AUTHORIZATION AMOUNTS.—(1) Subject to 
paragraph (2), amounts authorized to be appropriated for fiscal 
year 2001 in the Floyd D. Spence National Defense Authorization 
115 STAT. 1268 
PUBLIC LAW 107-107—DEC. 28, 2001 
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-
398) are hereby increased, with respect to any such authorized 
amount, by the amount (if any) by which appropriations pursuant 
to such authorization are increased by amounts appropriated in 
the ETR Supplemental Appropriations Act, 2001, and transferred 
by the President (before the date of the enactment of this Act) 
to the Department of Defense or the National Nuclear Security 
Administration and subsequently allocated to such appropriations. 
(2) Authorization amounts may not be increased under para-
graph (1) in excess of amounts derived from allocation of the 
amounts specified in subsection (b), for the Department of Defense, 
and in subsection (c), for the National Nuclear Security Administra-
tion. 
(b) DEPARTMENT OF DEFENSE,—^Amounts referred to in sub-
section (a)(2) for the Department of Defense are amounts for emer-
gency expenses to respond to the terrorist attacks on the United 
States that occurred on September 11, 2001, allocated to the Depart-
ment of Defense for fiscal year 2001 for the use of the Armed 
Forces and other activities and agencies of the Department of 
Defense, including the purposes stated in section 1504, in the 
total amount of $13,741,000,000, as follows: 
(1) INCREASED SITUATIONAL AWARENESS.—For Increased 
Situational Awareness, $4,272,000,000. 
(2) ENHANCED FORCE PROTECTION.—For Enhanced Force 
Protection, $1,509,000,000. 
(3) IMPROVED COMMAND AND CONTROL.—For Improved 
Command and Control, $1,403,000,000. 
(4) INCREASED WORLDWIDE POSTURE.—For Increased World-
wide Posture, $3,603,000,000. 
(5) OFFENSIVE COUNTERTERRORISM.—For Offensive Coun-
terterrorism, $1,459,000,000. 
(6) INITIAL CRISIS RESPONSE.—For Initial Crisis Response, 
$637,000,000. 
(7) PENTAGON REPAIR AND UPGRADE.—^For Pentagon Repair 
and Upgrade Activities, $530,000,000. 
(8) FUEL COSTS.—For increased fuel costs, $100,000,000. 
(9) AIRPORT AND BORDER SECURITY.—For airport and border 
security, $228,000,000. 
(c) NNSA.—The amount referred to in subsection (a)(2) for 
the National Nuclear Security Administration is the amount of 
$5,000,000 for emergency expenses to respond to the terrorist 
attacks on the United States that occurred on September 11, 2001, 
allocated for fiscal year 2001 atomic energy defense activities of 
the National Nuclear Security Administration for weapons activi-
ties. 
(d) TREATMENT AS ADDITIONAL AUTHORIZATIONS.—The amounts 
authorized to be appropriated by this section are in addition to 
amounts otherwise authorized to be appropriated by the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106-398) or any other Act, 
for fiscal year 2001 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense and for the 
use of the National Nuclear Security Administration. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1269 
SEC. 1503. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 2002. 
(a) DEPARTMENT OF DEFENSE.—For emergency expenses to 
respond to the September 11, 2001, terrorist attacks on the United 
States, funds are hereby authorized to be appropriated to the 
Defense Emergency Response Fund for fiscal year 2002 for the 
use of the Armed Forces and other activities and agencies of the 
Department of Defense, including the purposes stated in section 
1504, in the total amount of $7,349,000,000, as follows: 
(1) INCREASED SITUATIONAL AWARENESS.—For Increased 
Situational Awareness, $1,735,000,000. 
(2) ENHANCED FORCE PROTECTION.—^For Enhanced Force 
Protection, $881,000,000. 
(3) IMPROVED COMMAND AND CONTROL.—For Improved 
Command and Control, $219,000,000. 
(4) INCREASED WORLDWIDE POSTURE.—For Increased World-
wide Posture, $2,938,000,000. 
(5) OFFENSIVE COUNTERTERRORISM.—For Offensive Coun-
terterrorism, $545,000,000. 
(6) INITIAL CRISIS RESPONSE.—For Initial Crisis Response, 
$106,000,000. 
(7) PENTAGON REPAIR AND UPGRADE.—For Pentagon Repair 
and Upgrade Activities, $925,000,000. 
(b) NNSA.—For emergency expenses to respond to the Sep-
tember 11, 2001, terrorist attacks on the United States and for 
other expenses to increase the security of the Nation's nuclear 
weapons complex, funds are hereby authorized to be appropriated 
for fiscal year 2002 for the atomic energy defense activities of 
the National Nuclear Security Administration in the amount of 
$106,000,000, to be available for weapons activities. 
(c) DEPARTMENT OF ENERGY.—^For emergency expenses to 
respond to the September 11, 2001, terrorist attacks on the United 
States, funds are hereby authorized to be appropriated for fiscal 
year 2002 to the Department of Energy in the total amount of 
$11,700,000, as follows: 
(1) For Defense Environmental Restoration and Waste 
Management, $8,200,000. 
(2) For Other Defense Activities, $3,500,000. 
(d) TRANSFER OF DEFENSE FUNDS.—^In order to carry out the 
specified purposes in subsection (a), the Secretary of Defense may 
transfer amounts authorized by subsection (a) from the Defense 
Emergency Response Fund to any other defense appropriations 
account, including the account "Support for International Sporting 
Events, Defense" and any military construction account as provided 
in section 1504. 
(e) 
AVAILABILITY.—^Amounts 
appropriated 
pursuant 
to 
authorizations in this section may remain available until expended, 
if so provided in appropriations Acts. 
(f) SOURCE OF FUNDS.—^Amounts appropriated pursuant to 
authorizations in this section shall be derived from amounts pro-
vided, subject to subsequent appropriation, in the ETR Supple-
mental Appropriations Act, 2001. 
(g) TREATMENT AS ADDITIONAL AUTHORIZATIONS.—^The amounts 
authorized to be appropriated by this section are in addition to 
amounts otherwise authorized to be appropriated, by the other 
provisions of this Act or by any other Act, for fiscal year 2001 
for the use of the Armed Forces and other activities and agencies 
115 STAT. 1270 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
of the Department of Defense and for the use of the National 
Nuclear Security Administration. 
SEC. 1504. AUTHORIZATION 
OF USE OF FUNDS FOR 
MIUTARY 
CONSTRUCTION PROJECTS. 
(a) 
AUTHORITY FOR USE OF FUNDS.—Qualified emergency 
defense appropriations may be used to acquire real property and 
carry out military construction projects not otherwise authorized 
by law that the Secretary of Defense determines are necessary 
to respond to or protect against acts or threatened acts of terrorism 
or to respond to the terrorist attacks on the United States that 
occurred on September 11, 2001. 
(b) PROJECT AUTHORIZATION.—^Any project with respect to which 
the Secretary makes a determination under subsection (a) and 
that is to be carried out using qualified emergency defense appro-
priations is hereby authorized for purposes of section 2802 of title 
10, United States Code. 
(c) QUALIFIED EMERGENCY DEFENSE APPROPRIATIONS.—For pur-
poses of this subsection, the term "qualified emergency defense 
appropriations" means emergency appropriations available to the 
Department of Defense that are authorized by section 1502 or 
1503. 
SEC. 1505. T R E A T M E N T OF TRANSFERRED AMOUNTS. 
Amounts transferred under authority of section 1502 or 1503 
shall be merged with, and shall be available for the same purposes 
and for the same time period as, the accounts to which transferred. 
The transfer authority under those sections is in addition to the 
transfer authority provided by section 1001 or any other provision 
of law. 
SEC. 1506. QUARTERLY REPORTS. 
(a) QUARTERLY REPORT.—Promptly after the end of each quarter 
of a fiscal year, the Secretary of Defense and the Director of Central 
Intelligence shall each submit to the congressional defense commit-
tees a report (in classified and unclassified form, as needed) on 
the use of funds authorized by this subtitle. Each such report 
shall, at a minimum, specify the following: 
(1) Any balance of funds remaining in the Defense Emer-
gency Response Fund as of the end of the quarter covered 
by the report. 
(2) The accounts to which funds have been transferred 
or are to be transferred and the amount of each such transfer. 
(3) Within such accounts, each project to which any such 
funds have been transferred or are to be transferred and the 
amount of funds obligated and the amount expended for each 
such project as of the end of the quarter covered by the report. 
(b) INITIAL REPORT.—^The first report under subsection (a) shall 
be submitted not later than January 2, 2002. 
(c) FINAL REPORT.—^No further report under subsection (a) is 
required after all funds made available to the Department of 
Defense pursuant to such Act have been obligated. 
^ 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1271 
Subtitle B—Policy Matters Relating to 
Combating Terrorism 
SEC. 1511. STUDY AND REPORT ON THE ROLE OF THE DEPARTMENT 
OF DEFENSE WITH RESPECT TO HOMELAND SECURITY. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study on the appropriate role of the Department of Defense 
with respect to homeland security. The study shall identify and 
describe the policies, plans, and procedures of the Department 
of Defense for combating terrorism, including for the provision 
of support for the consequence management activities of other Fed-
eral, State, and local agencies. The study shall specifically identify 
the following: 
(1) The strategy, roles, and responsibilities of the Depart-
ment of Defense for combating terrorism. 
(2) How the Department of Defense will interact with the 
Office of Homeland Security and how intelligence sharing 
efforts of the Department of Defense will be organized relative 
to other Federal agencies and departments and State and local 
governments. 
(3) The ability of the Department of Defense to protect 
the United States from airborne threats, including threats origi-
nating from within the borders of the United States. 
(4) Improvements that could be made to enhance the secu-
rity of the people of the United States against terrorist threats 
and recommended actions (including legislative action) and pro-
grams to address and overcome existing vulnerabilities. 
(5) The policies, plans, and procedures relating to how 
the civilian official in the Department of Defense responsible 
for combating terrorism and the Joint Task Force Civil Support 
of the Joint Forces Command will coordinate the performance 
of functions for combating terrorism with— 
(A) teams in the Department of Defense that have 
responsibilities for responding to acts or threats of ter-
rorism, including— 
(i) weapons of mass destruction civil support teams 
when operating as the National Guard under the com-
mand of the Grovemor of a State, the Governor of 
Puerto Rico, or the Commanding General of the District 
of Columbia National Guard; 
(ii) weapons of mass destruction civil support 
teams when operating as the Army National Guard 
of the United States or the Air National Guard of 
the United States under the command of the President; 
(iii) teams in the departments and agencies of 
the Federal Government other than the Department 
of Defense that have responsibilities for responding 
to acts or threats of terrorism; 
(iv) organizations outside the Federal Government, 
including any State, local and private entities, that 
function as first responders to acts or threats of ter-
rorism; and 
(v) units and organizations of the Reserve Compo-
nents of the Armed Forces that have missions relating 
to combating terrorism; 
115 STAT. 1272 
PUBLIC LAW 107-107—DEC. 28, 2001 
(B) the Director of Military Support of the Department 
of the Army; 
(C) any preparedness plans to combat terrorism that 
are developed for installations of the Department of 
Defense by the commanders of the installations and the 
integration of those plans with the plans of the teams 
and organizations described in subparagraph (A); 
(D) the policies, plans and procedures for using and 
coordinating the integrated vulnerability assessment teams 
of the Joint Staff inside and outside the United States; 
and 
(E) the missions of Fort Leonard Wood and other 
installations for training units, weapons of mass destruc-
tion civil support teams and other teams, and individuals 
in combating terrorism. 
(6) The appropriate number and missions of the teams 
referred to in paragraph (5)(A)(i). 
(7) How the Department of Defense Weapons of Mass 
Destruction Civil Support Teams should interact with the Fed-
eral Bureau of Investigation and the Federal Emergency 
Management Agency during crisis response and consequence 
management situations. 
Deadline. 
(b) REPORT.—^Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress 
a report including the findings of the study conducted under sub-
section (a). 
SEC. 1512. COMBATING TERRORISM READINESS INITIATIVES FUND 
FOR COMBATANT COMMANDS. 
(a) FUNDING FOR INITIATIVES.—Chapter 6 of title 10, United 
States Code, is amended by inserting after section 166a the fol-
lowing new section: 
"§ 166b. Combatant commands: funding for combating ter-
rorism readiness initiatives 
"(a) COMBATING TERRORISM READINESS INITIATIVES FUND.— 
From funds made available in any fiscal year for the budget account 
in the Department of Defense known as the 'Combating Terrorism 
Readiness Initiatives Fund', the Chairman of the Joint Chiefs of 
Staff may provide funds to the commander of a combatant com-
mand, upon the request of the commander, or, with respect to 
a geographic area or areas not within the area of responsibility 
of a commander of a combatant command, to an officer designated 
by the Chairman of the Joint Chiefs of Staff for such purpose. 
The Chairman may provide such funds for initiating any activity 
named in subsection (b) and for maintaining and sustaining the 
activity for the fiscal year in which initiated and one additional 
fiscal year. 
"(b) AUTHORIZED ACTIVITIES.—Activities for which funds may 
be provided under subsection (a) are the following: 
"(1) Procurement and maintenance of physical security 
equipment. 
"(2) Improvement of physical security sites. 
"(3) Under extraordinary circumstances— 
"(A) physical security management planning; 
"(B) procurement and support of security forces and 
security technicians; 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1273 
"(C) security reviews and investigations and vulner-
ability assessments; and 
"(D) any other activity relating to physical security. 
"(c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in 
considering requests for funds in the Combating Terrorism Readi-
ness Initiatives Fund, should give priority consideration to emer-
gency or emergent unforeseen high-priority requirements for com-
bating terrorism. 
"(d) RELATIONSHIP TO OTHER FUNDING.—^Any amount provided 
by the Chairman of the Joint Chiefs of Staff for a fiscal year 
out of the Combating Terrorism Readiness Initiatives Fund for 
an activity referred to in subsection (b) shall be in addition to 
amounts otherwise available for that activity for that fiscal year. 
"(e) LIMITATION.—Funds may not be provided under this section 
for any activity that has been denied authorization by Congress.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 166a the following new item: 
"166b. Combatant commands: funding for combating terrorism readiness initia-
tives.". 
SEC. 1513. CONVEYANCES OF EQUIPMENT AND RELATED MATERLfVLS 
LOANED TO STATE AND LOCAL GOVERNMENTS AS ASSIST-
ANCE FOR EMERGENCY RESPONSE TO A USE OR THREAT-
ENED USE OF A WEAPON OF MASS DESTRUCTION. 
Section 1412(e) of the Defense Against Weapons of Mass 
Destruction Act of 1996 (title XIV of Public Law 104-201; 110 
Stat. 2718; 50 U.S.C. 2312(e)) is amended by adding at the end 
the following new paragraph: 
"(5) A conveyance of ownership of United States property 
to a State or local government, without cost and without regard 
to subsection (f) and title II of the Federal Property and 
Administrative Services Act of 1949 (or any other provision 
of law relating to the disposal of property of the United States), 
if the property is equipment, or equipment and related mate-
rials, that is in the possession of the State or local government 
on the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2002 pursuant to a loan of the property 
as assistance under this section.". 
SEC. 1514. TWO-YEAR EXTENSION OF ADVISORY PANEL TO ASSESS 
DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM 
INVOLVING WEAPONS OF MASS DESTRUCTION. 
(a) EXTENSION OF ADVISORY PANEL.—Section 1405 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(50 U.S.C. 2301 note) is amended— 
(1) in subsection (h)(2), by striking "2001" and inserting 
"2003"; and 
(2) in subsection (1), by striking "three years" and inserting 
"five years". 
(b) PAY AND EXPENSES OF MEMBERS.—(1) Subsection (k) of 
such section is amended to read as follows: 
"(k) COMPENSATION OF PANEL MEMBERS.—^The provisions of 
paragraph (4) of section 591(c) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1999 (as con-
tained in section 101(d) of division A of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999 (Public Law 
105-277; 112 Stat. 2681-212)), shall apply to members of the panel 
89-194 O - 03 -10 OL 3 Part 2 
115 STAT. 1274 
PUBLIC LAW 107-107—DEC. 28, 2001 
50 u s e 2301 
note. 
in the same manner as to members of the National Commission 
on Terrorism under that paragraph.". 
(2) The amendment made by paragraph (1) shall apply with 
respect to periods of service on the advisory panel under section 
1405 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 on or after the date of the enactment of 
this Act. 
TITLE XVI- -UNIFORMED SERVICES 
VOTING 
Sec. 1601. Sense of Congress regarding the importance of voting. 
Sec. 1602. Voting assistance programs. 
Sec. 1603. Guarantee of residency for military personnel. 
Sec. 1604. Electronic voting demonstration project. 
Sec. 1605. Governors' reports on implementation of recommendations for changes 
in State law made under Federal Voting Assistance Program. 
Sec. 1606. Simplification of voter registration and absentee ballot application proce-
dures for absent uniformed services and overseas voters. 
Sec. 1607. Use of certain Department of Defense facilities as polUng places. 
42 u s e 1973ff 
SEC. 1601. SENSE OF CONGRESS REGARDING THE IMPORTANCE OF 
note. 
VOTING. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
each person who is an administrator of a Federal, State, or local 
election— 
(1) should be aware of the importance of the ability of 
each uniformed services voter to exercise the right to vote; 
and 
(2) should perform that person's duties as an election 
administrator with the intent to ensure that— 
(A) each uniformed services voter receives the utmost 
consideration and cooperation when voting; 
(B) each valid ballot cast by such a voter is duly 
counted; and 
(C) all eligible American voters, regardless of race, 
ethnicity, disability, the language they speak, or the 
resources of the community in which they live, should 
have an equal opportunity to cast a vote and to have 
that vote counted. 
(b) UNIFORMED SERVICES VOTER DEFINED.—In this section, the 
term "uniformed services voter" means— 
(1) a member of a uniformed service (as defined in section 
101(a)(5) of title 10, United States Code) in active service; 
(2) a member of the merchant marine (as defined in section 
107 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff-6)); and 
(3) a spouse or dependent of a member referred to in 
paragraph (1) or (2) who is qualified to vote. 
SEC. 1602. VOTING ASSISTANCE PROGRAMS. 
(a) IN GENERAL.—(1) Chapter 80 of title 10, United States 
Code, is amended by adding at the end the following new section: 
^§ 1566. Voting assistance: compliance assessments; assist-
ance 
"(a) REGULATIONS.—^The Secretary of Defense shall prescribe 
regulations to require that the Army, Navy, Air Force, and Marine 
- J * 
«_«Ti 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1275 
Corps ensure their compliance with any directives issued by the 
Secretary of Defense in implementing any voting assistance pro-
gram. 
"(b) VOTING ASSISTANCE PROGRAMS DEFINED.—In this section, 
the term 'voting assistance programs' means— 
"(1) the Federal Voting Assistance Program carried out 
under the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff et seq.); and 
"(2) any similar program. 
"(c) ANNUAL EFFECTIVENESS AND COMPLIANCE REVIEWS.—(1) 
The Inspector General of each of the Army, Navy, Air Force, and 
Marine Corps shall conduct— 
"(A) an annual review of the effectiveness of voting assist-
ance programs; and 
"(B) an annual review of the compliance with voting assist-
ance programs of that armed force. 
"(2) Upon the completion of each annual review under para-
graph (1), each Inspector General specified in that paragraph shall 
submit to the Inspector General of the Department of Defense 
a report on the results of each such review. Such report shall 
be submitted in time each year to be reflected in the report of 
the Inspector Greneral of the Department of Defense under para-
graph (3). 
"(3) Not later than March 31 each year, the Inspector General Deadline, 
of the Department of Defense shall submit to Congress a report Reports. 
on— 
"(A) the effectiveness during the preceding calendar year 
of voting assistance programs; and 
"(B) the level of compliance during the preceding calendar 
year with voting assistance programs of each of the Army, 
Navy, Air Force, and Marine Corps. 
"(d) INSPECTOR GENERAL ASSESSMENTS.—(1) The Inspector Gen-
eral of the Department of Defense shall periodically conduct at 
Department of Defense installations unannounced assessments of 
the compliance at those installations with— 
"(A) the requirements of the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff et seq.); 
"(B) Department of Defense regulations regarding that Act 
and the Federal Voting Assistance Program carried out under 
that Act; and 
"(C) other requirements of law regarding voting by mem-
bers of the armed forces. 
"(2) The Inspector General shall conduct an assessment under 
paragraph (1) at not less than 10 Department of Defense installa-
tions each calendar year. 
"(3) Each assessment under paragraph (1) shall include a review 
of such compliance— 
"(A) within units to which are assigned, in the aggregate, 
not less than 20 percent of the personnel assigned to duty 
at that installation; 
"(B) within a representative survey of members of the 
armed forces assigned to that installation and their dependents; 
and 
"(C) within unit voting assistance officers to measure pro-
gram effectiveness. 
"(e) REGULAR MILITARY DEPARTMENT ASSESSMENTS.—^The Sec-
retary of each military department shall include in the set of 
115 STAT. 1276 
PUBLIC LAW 107-107—DEC. 28, 2001 
issues and programs to be reviewed during any management 
effectiveness review or inspection at the installation level an assess-
ment of compliance with the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff et seq.) and with Department 
of Defense regulations regarding the Federal Voting Assistance 
Program. 
"(f) VOTING ASSISTANCE OFFICERS.—^Voting assistance officers 
shall be appointed or assigned under Department of Defense regula-
tions. Commanders at all levels are responsible for ensuring that 
unit voting officers are trained and equipped to provide information 
and assistance to members of the armed forces on voting matters. 
Performance evaluation reports pertaining to a member who has 
been assigned to serve as a voting assistance officer shall comment 
on the performance of the member as a voting assistance officer. 
"(g) DELIVERY OF MAIL FROM OVERSEAS PRECEDING FEDERAL 
ELECTIONS.—(1) During the four months preceding a general Fed-
eral election month, the Secretary of Defense shall periodically 
conduct surveys of all overseas locations and vessels at sea with 
military units responsible for collecting mail for return shipment 
to the United States and all port facilities in the United States 
and overseas where military-related mail is collected for shipment 
to overseas locations or to the United States. The purpose of each 
survey shall be to determine if voting materials are awaiting ship-
ment at any such location and, if so, the length of time that 
such materials have been held at that location. During the fourth 
and third months before a general Federal election month, such 
surveys shall be conducted biweekly. During the second and first 
months before a general Federal election month, such surveys shall 
be conducted weekly. 
"(2) The Secretary shall ensure that voting materials are trans-
mitted expeditiously by military postal authorities at all times. 
"(3) In this section, the term 'general Federal election month' 
means November in an even-numbered year.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1566. Voting assistance: compliance assessments; assistance.". 
Deadline. 
(b) INITIAL REPORT.—The first report under section 1566(c)(3) 
10 use 1566 
of title 10, United States Code, as added by subsection (a), shall 
°°*®- 
be submitted not later than March 31, 2003. 
SEC. 1603. GUARANTEE OF RESIDENCY FOR MIUTARY PERSONNEL. 
Article VII of the Soldiers' and Sailors' Civil Relief Act of 
1940 (50 U.S.C. App. 590 et seq.) is amended by adding at the 
end the following: 
50 use app. 594. 
"SEC. 704. (a) For purposes of voting for any Federal office 
(as defined in section 301 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 431)) or a State or local office, a person who 
is absent from a State in compliance with military or naval orders 
shall not, solely by reason of that absence— 
"(1) be deemed to have lost a residence or domicile in 
that State, without regard to whether or not the person intends 
to return to that State; 
"(2) be deemed to have acquired a residence or domicile 
in any other State; or 
"(3) be deemed to have become a resident in or a resident 
of any other State. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1277 
42 use 1973ff 
note. 
"(b) In this section, the term 'State' includes a territory or 
possession of the United States, a political subdivision of a State, 
territory, or possession, and the District of Columbia.". 
SEC. 1604. ELECTRONIC VOTING DEMONSTRATION PROJECT. 
(a) ESTABLISHMENT OF DEMONSTRATION PROJECT.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
of Defense shall carry out a demonstration project under which 
absent uniformed services voters are permitted to cast ballots 
in the regularly scheduled general election for Federal office 
for November 2002 through an electronic voting system. The 
project shall be carried out with participation of sufficient num-
bers of absent uniformed services voters so that the results 
are statistically relevant. 
(2) AUTHORITY TO DELAY IMPLEMENTATION.—If the Sec-
retary of Defense determines that the implementation of the 
demonstration project under paragraph (1) with respect to the 
regularly scheduled general election for Federal office for 
November 2002 may adversely affect the national security of 
the United States, the Secretary may delay the implementation 
of such demonstration project until the regularly scheduled 
general election for Federal office for November 2004. The 
Secretary shall notify the Committee on Armed Services and 
the Committee on Rules and Administration of the Senate 
and the Committee on Armed Services and the Committee 
on House Administration of the House of Representatives of 
any decision to delay implementation of the demonstration 
project. 
(b) COORDINATION WITH STATE ELECTION OFFICIALS.—^The Sec-
retary shall carry out the demonstration project under this section 
through cooperative agreements with State election officials of 
States that agree to participate in the project. 
(c) REPORT TO CONGRESS.—^Not later than June 1 of the year Deadline 
following the year in which the demonstration project is conducted 
under this section, the Secretary of Defense shall submit to Con-
gress a report analyzing the demonstration project. The Secretary 
shall include in the report any recommendations the Secretary 
considers appropriate for continuing the project on an expanded 
basis for absent uniformed services voters during the next regularly 
scheduled general election for Federal office. 
(d) DEFINITIONS.—In this section: 
(1) ABSENT UNIFORMED SERVICES VOTER.—^The term "absent 
uniformed services voter" has the meaning given that term 
in section 107(1) of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973fF-6(l)). 
(2) STATE.—The term "State" includes the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
Islands, and American Samoa. 
SEC. 1605. GOVERNORS' REPORTS ON IMPLEMENTATION 
OF REC-
OMMENDATIONS FOR CHANGES I N STATE LAW MADE 
UNDER FEDERAL VOTING ASSISTANCE PROGRAM. 
(a) REPORTS.—(1) Whenever a State receives a uniformed serv-
ices voting assistance legislative recommendation from the Sec-
retary of Defense, acting as the Presidential designee, the chief 
executive authority of that State shall, not later than 90 days 
after receipt of that recommendation, provide a report on the status 
of implementation of that recommendation by that State. 
42 use 1973ff 
note. 
115 STAT. 1278 
PUBLIC LAW 107-107—DEC. 28, 2001 
(2) If a legislative recommendation referred to in paragraph 
(1) has been implemented, in whole or in part, by a State, the 
report of the chief executive authority of that State under that 
paragraph with respect to that recommendation shall include a 
description of the changes made to State law to implement the 
recommendation. If the recommendation has not been implemented, 
the report shall include a statement of the status of the rec-
ommendation before the State legislature and a statement of any 
recommendation the chief executive officer has made or intends 
to make to the legislature with respect to that recommendation. 
(3) Any report under paragraph (1) shall be transmitted to 
the Secretary of Defense, acting as the Presidential designee. The 
Secretary shall transmit a copy of the response to each Member 
of Congress who represents that State. 
(b) PERIOD OF APPLICABILITY.—^This section applies with respect 
to any uniformed services voting assistance legislative recommenda-
tion transmitted to a State by the Secretary of Defense, acting 
as the Presidential designee, during the three-year period beginning 
on the date of the enactment of this Act. 
(c) DEFINITIONS.—In this section: 
(1) The term "uniformed services voting assistance legisla-
tive recommendation" means a recommendation of the Presi-
dential designee for a modification in the laws of a State 
for the purpose of improving the access to the polls of absent 
uniformed services voters and overseas voters. 
(2) The term "Presidential designee" means the head of 
the executive department designated by the President under 
section 101(a) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff(a)). 
(3) The term "State" includes the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, the Virgin Islands, 
and American Samoa. 
(4) The term "Member of Congress" includes a Delegate 
or Resident Commissioner to the Congress. 
SEC. 1606. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE 
BALLOT APPLICATION PROCEDURES FOR ABSENT UNI-
FORMED SERVICES AND OVERSEAS VOTERS. 
(a) REQUIREMENT FOR STATES TO ACCEPT OFFICIAL FORM FOR 
SIMULTANEOUS 
VOTER 
REGISTRATION 
AND ABSENTEE 
BALLOT 
APPLICATION.— 
(1) IN GENERAL.—Section 102 of the Uniformed and Over-
seas Citizens Absentee Voting Act (42 U.S.C. 1973ff-l) is 
amended— 
(A) in paragraph (2)— 
(i) by striking "general, special, primary, or runoff"; 
(ii) by inserting "and absentee ballot application" 
after "voter registration application"; 
(iii) by striking "and" after the semicolon at the 
end; 
(B) by striking the period at the end of paragraph 
(3) and inserting "; and"; and 
(C) by adding at the end the following new paragraph: 
"(4) use the official post card form (prescribed under section 
101) for simultaneous voter registration 
application 
and 
absentee ballot application.". 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1279 
(2) CONFORMING AMENDMENT.—Section 101(b)(2) of such 
Act (42 U.S.C. 1973ff(b)(2)) is amended by striking "as rec-
ommended in section 104" and inserting "as required under 
section 102(4)". 
(b) USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELEC-
TIONS.—Section 104 of such Act (42 U.S.C. 1973ff-3) is amended 
to read as follows: 
"SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELEC-
TIONS. 
"(a) IN GENERAL.—If a State accepts and processes an official 
post card form (prescribed under section 101) submitted by an 
absent uniformed services voter or overseas voter for simultaneous 
voter registration and absentee ballot application (in accordance 
with section 102(a)(4)) and the voter requests that the application 
be considered an application for an absentee ballot for each subse-
quent election for Federal office held in the State during that 
year, the State shall provide an absentee ballot to the voter for 
each subsequent election for Federal office held in the State during 
that year. 
"(b) EXCEPTION FOR VOTERS CHANGING REGISTRATION.—Sub-
section (a) shall not apply with respect to a voter registered to 
vote in a State for any election held after the voter notifies the 
State that the voter no longer wishes to be registered to vote 
in the State or after the State determines that the voter has 
registered to vote in another State. 
"(c) REVISION OF OFFICIAL POST CARD FORM.—The Presidential 
designee shall revise the official post card form (prescribed under 
section 101) to enable a voter using the form to— 
"(1) request an absentee ballot for each election for Federal 
office held in a State during a year; or 
"(2) request an absentee ballot for only the next scheduled 
election for Federal office held in a State. 
"(d) No EFFECT ON VOTER REMOVAL PROGRAMS.—Nothing in 
this section may be construed to prevent a State from removing 
any voter from the rolls of registered voters in the State under 
any program or method permitted under section 8 of the National 
Voter Registration Act of 1993.". 
SEC. 1607. USE OF CERTAIN DEPARTMENT OF DEFENSE FACIUTIES 
AS POLLING PLACES. 
(a) USE OF MILITARY FACILITIES.—Section 2670 of title 10, 
United States Code, is amended by adding at the end the following 
new subsection: 
"(b) USE OF CERTAIN FACILITIES AS POLLING PLACES.—(1) Not-
withstanding chapter 29 of title 18 (including sections 592 and 
593 of such title) or any other provision of law, the Secretary 
of Defense or Secretary of a military department may not (except 
as provided in paragraph (3)) prohibit the designation or use of 
a qualifying facility under the jurisdiction of the Secretary as an 
official polling place for local, State, or Federal elections. 
"(2) A Department of Defense facility is a qualifying facility 
for purposes of this subsection if as of December 31, 2000— 
"(A) the facility is designated as an official polling place 
by a State or local election official; or 
"(B) the facility has been used as such an official polling 
place since January 1, 1996. 
115 STAT. 1280 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(3) The limitation in paragraph (1) may be waived by the 
Secretary of Defense or Secretary of the miUtary department con-
cerned with respect to a particular Department of Defense facility 
if the Secretary of Defense or Secretary concerned determines that 
local security conditions require prohibition of the designation or 
use of that facility as an official polling place for any election.". 
(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) Such section 
is further amended— 
(A) by striking "Under" and inserting "(a) USE BY RED 
CROSS.—Under"; and 
(B) by striking "this section" and inserting "this sub-
section". 
(2) The heading of such section is amended to read as follows: 
*
*
§ 2670. Military installations: use by American National Red 
Cross; use as polling places". 
(3) The item relating to such section in the table of sections 
at the beginning of chapter 159 of such title is amended to read 
as follows: 
"2670. Military installations: use by American National Red Cross; use as polling 
places.". 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 2002. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE; DEFIMTION. 
(a) SHORT TITLE.—^This division may be cited as the "Military 
Construction Authorization Act for Fiscal Year 2002". 
(b) DEFINITION OF FISCAL YEAR 2001 DEFENSE AUTHORIZATION 
ACT.—In this division, the term "Spence Act" means the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001, 
as enacted into law by Public Law 106-398 (114 Stat. 1654). 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2001 projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2000 projects. 
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: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1281 
Army: Inside the United States 
State 
Installation or location 
Amount 
Alabama 
Alaska 
Arizona 
California 
Colorado 
District of Columbia 
Georgia 
Hawaii 
Illinois 
Kansas 
, 
Kentucky 
Louisiana 
Maryland 
Missouri 
New Jersey 
New Mexico .... 
New York 
North CaroUna 
Oklahoma 
South CaroUna 
Texas 
Virginia 
Washington .... 
Anniston Army Depot 
Fort Rucker 
Redstone Arsenal 
Fort Richardson 
Fort Wainwright 
Fort Huachuca 
Yuma Proving Ground 
Defense Language Institute 
Fort Irwin 
Fort Carson 
Fort McNair 
Fort Benning 
Fort Gillem 
Fort Gordon 
Fort Stewart/Hunter Army Air Field 
Kahuku Windmill Site 
Navy Public Works Center, Pearl 
Harbor 
Pohakuloa Training Facility 
Wheeler Army Air Field 
Rock Island Arsenal 
Fort Riley 
Fort Campbell 
Fort Knox 
Fort Polk 
Aberdeen Proving Ground 
Fort Meade 
Fort Leonard Wood 
Fort Monmouth 
Picatinny Arsenal 
White Sands Missile Range 
Fort Drum 
Fort Bragg 
Sunny Point Military Ocean Ter-
minal 
Fort Sill 
Fort Jackson 
Corpus Christi Army Depot 
Fort Sam Houston 
Fort Bliss 
Fort Hood 
Fort Belvoir 
Fort Eustis 
Fort Lee 
Fort Lewis 
Total: 
$5,150,000 
$18,200,000 
$9,900,000 
$115,000,000 
$27,200,000 
$6,100,000 
$3,100,000 
$5,900,000 
$23,000,000 
$66,000,000 
$11,600,000 
$23,900,000 
$34,600,000 
$34,000,000 
$39,800,000 
$900,000 
$11,800,000 
$6,600,000 
$50,000,000 
$3,500,000 
$10,900,000 
$88,900,000 
$12,000,000 
$21,200,000 
$58,300,000 
$11,200,000 
$7,850,000 
$20,000,000 
$10,200,000 
$7,600,000 
$56,350,000 
$21,300,000 
$11,400,000 
$5,100,000 
$65,650,000 
$10,400,000 
$2,250,000 
$5,000,000 
$104,200,000 
$35,950,000 
$34,650,000 
$23,900,000 
$238,200,000 
$1,358,750,000 
115 STAT. 1282 
PUBLIC LAW 107-107—DEC. 28, 2001 
(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 military construction projects for the locations outside 
the United States, and in the amounts, set forth in the following 
table: 
Army: Outside the United States 
Country 
Installation or location 
Area Support Group, Bamberg 
Area Support Group, Darmstadt 
Baumholder 
Hanau 
Heidelberg 
Mannheim 
Wiesbaden Air Base 
Camp Schab 
Camp Carroll 
Camp Casey 
Camp Hovey 
Camp Humphreys 
Camp Jackson 
Camp Stanley 
Camp Yongsan 
Kwajalein Atoll 
Total: 
Amount 
$36,000,000 
$13,500,000 
$9,000,000 
$7,200,000 
$15,300,000 
$16,000,000 
$26,300,000 
$3,800,000 
$16,593,000 
$8,500,000 
$35,750,000 
$14,500,000 
$6,100,000 
$28,000,000 
$12,800,000 
$11,000,000 
$260,343,000 
(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 
Classified Location 
Amount 
$4,000,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(6)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
Army: Family Housing 
State or Country 
Installation or location 
Fort Wainwright 
Fort Huachuca 
Fort Leavenworth 
Fort BUss 
Fort Sam Houston 
Camp Humphreys 
Purpose 
32 Units 
72 Units 
80 Units 
76 Units 
, , 
80 Units 
54 Units 
Total: .... 
Amount 
$12,000,000 
$10,800,000 
$20,000,000 
$13,600,000 
$11,200,000 
$12,800,000 
$80,400,000 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1283 
(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 $11,592,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of 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 $220,750,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GE>ffiRAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2001, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $3,155,594,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $1,127,750,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $260,343,000. 
(3) For a military construction project at an unspecified 
worldwide location authorized by section 2101(c), $4,000,000. 
(4) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $18,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$159,533,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $312,742,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $1,089,573,000. 
(7) For the construction of a cadet development center 
at the United States Military Academy, West Point, New York, 
authorized by section 2101(a) of the Military Construction 
Authorization Act for Fiscal Year 1999 (division B of Public 
Law 105-261; 112 Stat. 2182), $37,900,000. 
(8) For the construction of phase 2C of a barracks complex, 
Tagaytay Street, at Fort Bragg, North Carolina, authorized 
by section 2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2000 (division B of PubHc Law 106-65; 
113 Stat. 825), $17,500,000. 
(9) For the construction of phase IC of a barracks complex, 
Wilson Street, at Schofield Barracks, Hawaii, authorized by 
section 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 2000 (division B of PubHc Law 106-65; 113 
Stat. 825), $23,000,000. 
115 STAT. 1284 
PUBLIC LAW 107-107—DEC. 28, 2001 
(10) For construction of phase 2 of a basic combat training 
complex at Fort Leonard Wood, Missouri, authorized by section 
2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 
1654A-389), as amended by section 2105 of this Act, 
$27,000,000. 
(11) For the construction of phase 2 of a battle simulation 
center at Fort Drum, New York, authorized by section 2101(a) 
/ 
of the Military Construction Authorization Act for Fiscal Year 
2001 (division B of the Spence Act; 114 Stat. 1654A-389), 
as amended by section 2105 of this Act, $9,000,000. 
(12) For the construction of phase 1 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 Spence Act; 114 Stat. 
1654A-389), $49,000,000. 
(13) For the construction of phase 1 of a barracks complex, 
Longstreet Road, at Fort Bragg, North Carolina, authorized 
by section 2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2001 (division B of the Spence Act; 114 
Stat. 1654A-389), $27,000,000. 
(14) For the construction of a multipurpose digital training 
range at Fort Hood, Texas, authorized by section 2101(a) of 
the Military Construction Authorization Act for Fiscal Year 
2001 (division B of the Spence Act; 114 Stat. 1654A-389), 
as amended by section 2105 of this Act, $13,000,000. 
(15) For the homeowners assistance program, as authorized 
by section 2832(a) of title 10, United States Code, $10,119,000, 
to remain available until expended. 
(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) $52,000,000 (the balance of the amount authorized 
under section 2201(a) for construction of a barracks complex, 
D Street, at Fort Richardson, Alaska); 
(3) $41,000,000 (the balance of the amount authorized 
under section 2201(a) for construction of phase 1 of a barracks 
complex. Nelson Boulevard, at Fort Carson, Colorado); 
(4) $36,000,000 (the balance of the amount authorized 
under section 2201(a) for construction of phase 1 of a basic 
combat training complex at Fort Jackson, South Carolina); 
and 
(5) $102,000,000 (the balance of the amount authorized 
under section 2201(a) for construction of a barracks complex, 
17th & B Streets, at Fort Lewis, Washington). 
(c) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (15) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $29,866,000, which represents the combina-
tion of savings resulting from adjustments to foreign currency 
exchange rates for military construction, military family housing 
construction, and military family housing support outside the 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1285 
United States and savings resulting from favorable bids, reduced 
overhead charges, and cancellations due to force structure changes. 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2001 PROJECTS. 
(a) MODIFICATION.—^The table in section 2101(a) of the MiUtary 
Construction Authorization Act for Fiscal Year 2001 (division B 
of the Spence Act; 114 Stat. 1654A-389) is amended— 
(1) in the item relating to Fort Leonard Wood, Missouri, 
by striking "$65,400,000" in the amount column and inserting 
"$69,800,000"; 
(2) in the item relating to Fort Drum, New York, by striking 
"$18,000,000" 
in 
the 
amount 
column 
and 
inserting 
"$21,000,000"; 
(3) in the item relating to Fort Hood, Texas, by striking 
"$36,492,000" 
in 
the 
amount 
column 
and 
inserting 
"$39,492,000"; and 
(4) by striking the amount identified as the total in the 
amount column and inserting "$626,374,000". 
(b) CONFORMING AMENDMENTS.—Section 2104 of that Act (114 
Stat. 1654A-391) is amended— 
(1) in subsection (a), in the matter preceding paragraph 
(1), by striking "$1,925,344,000" and inserting "$1,935,744,000"; 
and 
(2) in subsection (b)— 
(A) in paragraph (2), by striking "$22,600,000" and 
inserting "$27,000,000"; 
(B) in paragraph (3), by striking "$10,000,000" and 
inserting "$13,000,000"; and 
(C) in paragraph (6), by striking "$6,000,000" and 
inserting "$9,000,000". 
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2000 PROJECTS. 
Section 2104 of the Military Construction Authorization Act 
for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 
826), as amended by section 2105(c) of the Spence Act; 114 Stat. 
1654A-393), is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
"$2,358,331,000" and inserting "$2,321,931,000"; and 
(B) in paragraph (1), by striking "$930,058,000" and 
inserting "$893,658,000"; and 
(2) in subsection (b)(7), by striking "$102,500,000" and 
inserting "$138,900,000". 
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 2001 projects. 
Sec. 2206. Modification of authority to carry out certain fiscal year 2000 project. 
115 STAT. 1286 
PUBLIC LAW 107-107—DEC. 28, 2001 
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)(l), 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: 
Navy: Inside the United States 
State 
Installation or location 
Amount 
Arizona ... 
California 
District of Columbia 
Florida 
Hawaii 
Illinois .... 
Indiana .. 
Maine 
Maryland 
Mississippi 
Missouri .... 
Nevada 
New Jersey 
Marine Corps Air Station, Yuma 
Marine 
Air-Ground 
Task 
Force 
Training 
Center, 
Twentynine 
Palms 
Marine Corps Air Station, Camp 
Pendleton 
Marine Corps Base, Camp Pendleton 
Naval Air Facility, El Centro 
Naval Air Station, Lemoore 
Naval Air Warfare Center, China 
Lake 
Naval Air Warfare Center, Point 
Mugu, San Nicholas Island 
Naval Amphibious Base, Coronado ... 
Naval Construction Battalion Cen-
ter, Port Hueneme 
Naval Construction Training Center, 
Port Hueneme 
Naval Station, San Diego 
Naval Air Facility, Washington 
Naval Air Station, Key West 
Naval Air Station, Whiting Field, 
Milton 
Naval Station, Ma3T)ort 
Naval Station, Pensacola 
Marine Corps Base, Kaneohe 
Naval Magazine Lualualei 
Naval Shipyard, Pearl Harbor 
Naval Station, Pearl Harbor 
Navy Public Works Center, Pearl 
Harbor 
Naval Training Center, Great Lakes 
Naval 
Surface 
Warfare 
Center, 
Crane 
Naval Air Station, Brunswick 
Naval Shipyard, Portsmouth 
Naval Air Warfare Center, Patuxent 
River 
Naval 
Air 
Warfare 
Center, 
St. 
Inigoes 
Naval Explosive Ordinance Disposal 
Technology Center, Indian Head ... 
Naval Air Station, Meridian 
Naval Construction Battalion Cen-
ter, Gulfport 
Naval Station, Pascaguola 
Marine Corps Support Activity, Kan-
sas City 
Naval Air Station, Fallon 
Naval Weapons Station, Earle 
$22,570,000 
$75,125,000 
$4,470,000 
$96,490,000 
$23,520,000 
$10,010,000 
$30,200,000 
$13,730,000 
$8,610,000 
$12,400,000 
$3,780,000 
$47,240,000 
$9,810,000 
$11,400,000 
$2,140,000 
$16,420,000 
$3,700,000 
$24,920,000 
$6,000,000 
$20,000,000 
$54,700,000 
$16,900,000 
$82,260,000 
$14,930,000 
$67,395,000 
$14,620,000 
$2,260,000 
$5,100,000 
$1,250,000 
$3,370,000 
$21,660,000 
$4,680,000 
$9,010,000 
$6,150,000 
$4,370,000 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1287 
Navy: Inside the United States—Continued 
State 
North Carolina 
Pennsylvania 
Rhode Island 
South Carolina 
Tennessee 
Virginia 
Washington 
Installation or location 
Marine 
Corps Air 
Station, 
New 
Marine Corps Base, Camp Lejeune .. 
Naval Foundry and Propeller Cen-
ter, Philadelphia 
Naval Station, Newport 
Naval Underwater Warfare Center, 
Newport 
Marine Corps Air Station, Beaufort 
Marine Corps Recruit Depot, Parris 
Island 
Naval Support Activity, Millington ... 
Marine Corps Air Facility, Quantico 
Marine Corps Combat Dev Com 
Naval 
Amphibious 
Base, 
Little 
Creek 
Naval Station, Norfolk 
Naval Air Station, Whidbey Island ... 
Naval Station, Everett 
Strategic Weapons Facility, Bangor 
Total: 
Amount 
$4,050,000 
$67,070,000 
$14,800,000 
$15,290,000 
$9,370,000 
$8,020,000 
$5,430,000 
$3,900,000 
$3,790,000 
$9,390,000 
$9,090,000 
$139,270,000 
$7,370,000 
$6,820,000 
$3,900,000 
$1,058,750,000 
(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 military construction projects for the locations outside 
the United States, and in the amounts, set forth in the following 
table: 
Navy: Outside the United States 
Country 
Italy 
Installation or location 
Naval Support Activity Joint Head-
quarters Command, Larissa 
Naval Support Activity, Souda Bay .. 
Naval Station, Guam 
Navy Public Works Center, Guam .... 
Naval Air Station, Keflavik 
Naval Station, Rota 
Total: 
Amount 
$12,240,000 
$3,210,000 
$9,300,000 
$14,800,000 
$2,820,000 
$3,060,000 
$2,240,000 
$47,670,000 
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) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
115 STAT. 1288 
PUBLIC LAW 107-107—DEC. 28, 2001 
Navy: Family Housing 
State 
Arizona 
California 
Hawaii 
Mississippi 
Virginia 
Italy 
Installation or location 
Marine Corps Air Sta-
tion, Yuma 
Marine Air-Ground Task 
Force Training Center, 
TwentjTiine Palms 
Marine Corps Base, 
Kaneohe 
Naval Station, Pearl 
Harbor 
Naval Construction Bat-
talion Center, Gulfport 
Marine Corps Combat 
Development Com-
mand, Quantico 
Naval Air Station, 
Sigonella 
Purpose 
51 Units .... 
74 Units .... 
172 Units .... 
70 Units .... 
160 Units .... 
60 Units .... 
10 Units .... 
Total: .... 
Amount 
$9,017,000 
$16,250,000 
$46,996,000 
$16,827,000 
$23,354,000 
$7,000,000 
$2,403,000 
$121,847,000 
(b) 
PLANNING 
AND 
DESIGN.—^Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(5)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of miUtary family 
housing units in an amount not to exceed $6,499,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of 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 $203,434,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2001, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$2,366,742,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $1,005,410,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $47,670,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $10,546,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$39,557,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $331,780,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$910,095,000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1289 
(6) For construction of phase 6 of a large anachoic chamber 
facility at the Patuxent River Naval Air Warfare Center, Mary-
land, authorized by section 2201(a) of the Military Construction 
Authorization Act for Fiscal Year 1993 (division B of Public 
Law 102-484; 106 Stat. 2590), $10,770,000. 
(7) For construction of the Commander-in-Chief Head-
quarters, Pacific Command, Camp H.M. Smith, Hawaii, author-
ized by section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2000 (division B of Public Law 106-
65; 113 Stat. 828), as amended by section 2206 of this Act, 
$37,580,000. 
(8) For repair of a pier at Naval Station, San Diego, Cali-
fornia, authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (division B of the 
Spence Act; 114 Stat. 1654A-396), $17,500,000. 
(9) For replacement of a pier at Naval Station, Bremerton, 
Washington, formerly Naval Shipyard, Bremerton, 
Puget 
Sound, Washington, authorized by section 2201(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 2001 (divi-
sion B of the Spence Act; 114 Stat. 1654A-396), as amended 
by section 2205 of this Act, $24,460,000. 
(10) For construction of an industrial skills center at Puget 
Sound Naval Shipyard, Bremerton, Washington, formerly Naval 
Shipyard, Bremerton, Puget Sound, Washington, authorized 
by section 2201(a) of the Military Construction Authorization 
Act for Fiscal Year 2001 (division B of the Spence Act; 114 
Stat. 1654A-396), as amended by section 2205 of this Act, 
$14,000,000. 
(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 
2201 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $33,240,000 (the balance of the amount authorized 
under section 2201(a) for replacement of a pier, increment 
I, at Naval Station, Norfolk, Virginia); and 
(3) $20,100,000 (the balance of the amount authorized 
under section 2201(a) for a combined propulsion and explosives 
lab at Naval Air Warfare Center, China Lake, California). 
(c) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (10) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $82,626,000, which represents the combina-
tion of savings resulting from adjustments to foreign currency 
exchange rates for military construction, military family housing 
construction, and military family housing support outside the 
United States and savings resulting from favorable bids, reduced 
overhead charges, and cancellations due to force structure changes. 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2001 PROJECTS. 
(a) AUTHORIZED CONSTRUCTION AND LAND ACQUISITION.—The 
table in section 2201(a) of the Military Construction Authorization 
Act for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 
1654A-395) is amended— 
115 STAT. 1290 
PUBLIC LAW 107-107—DEC. 28, 2001 
(1) in the item relating to Naval Shipyard, Bremerton, 
Puget Sound, Washington, by striking "$100,740,000" in the 
amount column and inserting "$102,460,000"; 
(2) in the item relating to Naval Station, Bremerton, Wash-
ington, by striking "$11,930,000" in the amount column and 
inserting "$1,930,000"; and 
(3) by striking the amount identified as the total in the 
amount column and inserting "$803,217,000". 
(b) PLANNING AND DESIGN.—Section 2204(a) of that Act (114 
Stat. 1654A-398) is amended— 
(1) in the matter preceding paragraph (1), by striking 
"$2,227,995,000" and inserting "$2,208,407,000"; and 
(2) in paragraph (4), by striking "$73,335,000" and inserting 
"$53,747,000". 
(c) CONFORMING AMENDMENT.—Section 2204(b)(4) of that Act 
(114 Stat. 1654A-398) is amended by striking "$10,280,000" and 
inserting "$14,000,000". 
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2000 PROJECT. 
(a) MODIFICATION.—^The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B 
of Public Law 106-65; 113 Stat. 828) is amended— 
(1) in the item relating to Camp H.M. Smith, Hawaii, 
by striking "$86,050,000" in the amount column and inserting 
"$89,050,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$820,230,000". 
(b) CONFORMING AMENDMENT.—Section 2204(b)(3) of that Act 
(113 Stat. 831) is amended by striking "$70,180,000" and inserting 
"$73,180,000". 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Modification of authority to carry out certain fiscal year 2001 projects. 
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: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1291 
Air Force: Inside the United States 
State 
Alabama 
Alaska 
Arizona 
District of Columbia 
Florida 
Idaho 
Massachusetts 
Mississippi 
Nevada 
New Jersey 
North Dakota 
Ohio 
South Carolina 
South Dakota 
Texas 
Utah 
Virginia 
Washington 
Wyoming 
Installation or location 
Maxwell Air Force Base 
Eareckson Air Force Base 
Elmendorf Air Force Base 
Davis-Monthan Air Force Base 
Luke Air Force Base 
Little Rock Air Force Base 
Beale Air Force Base 
Edwards Air Force Base 
Los Angeles Air Force Base 
Travis Air Force Base 
Vandenberg Air Force Base 
Buckley Air Force Base 
Schriever Air Force Base 
United States Air Force Academy , . 
Dover Air Force Base 
Boiling Air Force Base 
Cape Canaveral Air Force Station .... 
Eglin Air Force Base 
Hurlburt Field 
Tyndall Air Force Base 
Moody Air Force Base 
Robins Air Force Base 
Mountain Home Air Force Base 
McConnell Air Force Base 
Barksdale Air Force Base 
Andrews Air Force Base 
Hanscom Air Force Base 
Columbus Air Force Base 
Keesler Air Force Base 
Malmstrom Air Force Base 
Nellis Air Force Base 
McGuire Air Force Base 
Cannon Air Force Base 
Kirtland Air Force Base 
Pope Air Force Base 
Grand Forks Air Force Base 
Wright-Patterson Air Force Base 
Altus Air Force Base 
Tinker Air Force Base 
Shaw Air Force Base 
Ellsworth Air Force Base 
Arnold Air Force Base 
Dyess Air Force Base 
Lackland Air Force Base 
Laughlin Air Force Base 
Sheppard Air Force Base 
Hill Air Force Base 
Langley Air Force Base 
Fairchild Air Force Base 
McChord Air Force Base 
F. E. Warren Air Force Base 
Total: 
Amount 
$34,400,000 
$4,600,000 
$32,200,000 
$23,500,000 
$4,500,000 
$18,100,000 
$7,900,000 
$16,300,000 
$23,000,000 
$10,100,000 
$11,800,000 
$23,200,000 
$30,400,000 
$25,500,000 
$7,300,000 
$2,900,000 
$7,800,000 
$11,400,000 
$10,400,000 
$20,350,000 
$8,600,000 
$14,650,000 
$14,600,000 
$5,100,000 
$5,000,000 
$19,420,000 
$9,400,000 
$5,000,000 
$28,600,000 
$4,650,000 
$31,600,000 
$36,550,000 
$9,400,000 
$19,800,000 
$17,800,000 
$7,800,000 
$28,250,000 
$20,200,000 
$21,400,000 
$5,800,000 
$12,200,000 
$24,400,000 
$16,800,000 
$12,800,000 
$15,600,000 
$45,200,000 
$44,000,000 
$47,300,000 
$2,800,000 
$20,700,000 
$10,200,000 
$891,270,000 
(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 miHtary construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
115 STAT. 1292 
PUBLIC LAW 107-107—DEC. 28, 2001 
Air Force: Outside the United States 
Country 
Guam 
Italy 
Korea 
Oman 
United Kingdom 
Wake Island 
Installation or location 
Ramstein Air Force Base 
Spangdahlem Air Base 
Andersen Air Force Base 
Aviano Air Base 
Kunsan Air Base 
Osan Air Base 
Masirah 
Incirlik 
Royal Air Force, Lakenheath 
Royal Air Force, Mildenhall 
Wake Island 
Total: 
Amount 
$42,900,000 
$8,700,000 
$10,150,000 
$11,800,000 
$12,000,000 
$101,142,000 
$8,000,000 
$4,000,000 
$5,500,000 
$11,300,000 
$22,400,000 
$25,000,000 
$262,892,000 
(c) UNSPECIFIED WORLDWIDE.—Using the 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 miUtary construction projects for the installation 
and location, and in the amount, set forth in the following table: 
Air Force: Unspecified Worldwide 
Location 
Unspecified Worldwide .. 
Installation 
Classified Location 
Amount 
$4,458,000 
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) at the 
installations, for the purposes, and in the amounts set forth in 
the following table: 
Air Force: Family Housing 
State 
Delaware 
District of Columbia .. 
Hawaii 
Idaho 
Louisiana 
South Dakota 
Installation or location 
Luke Air Force Base 
Travis Air Force Base .... 
Buckley Air Force Base 
Dover Air Force Base 
Boiling Air Force Base ... 
Hickam Air Force Base .. 
Mountain Home Air 
Force Base 
Barksdale Air Force 
Ellsworth Air Force Base 
Langley Air Force Base 
Lajes Field, Azores 
Purpose 
120 Units .... 
118 Units .... 
55 Units .... 
120 Units .... 
136 Units .... 
102 Units .... 
56 Units .... 
56 Units .... 
78 Units .... 
4 Units 
64 Units .... 
Total: .... 
Amount 
$15,712,000 
$18,150,000 
$11,400,000 
$18,145,000 
$16,926,000 
$25,037,000 
$10,000,000 
$7,300,000 
$13,700,000 
$1,200,000 
$13,230,000 
$150,800,000 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1293 
(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 mihtary family 
housing units in an amount not to exceed $24,558,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of 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 $375,345,000. 
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, 2001, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount 
of $2,573,122,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $879,270,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $223,592,000. 
(3) For a military construction project at an unspecified 
worldwide location authorized by section 2301(c), $4,458,000. 
(4) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $11,250,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$94,970,000. 
(6) For military housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $550,703,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $844,715,000. 
(7) $12,600,000 for construction of an air freight terminal 
and base supply complex at McGuire Air Force Base, New 
Jersey, authorized by section 2301(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2001 (division B of the 
Spence Act; 114 Stat. 1654A-399), as amended by section 2305 
of this Act. 
(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); 
(2) $12,000,000 (the balance of the amount authorized 
under section 2301(a) for a maintenance depot hanger at Hill 
Air Force Base, Utah); 
(3) $15,300,000 (the balance of the amount authorized 
under section 2301(b) for repair of an airfield runway at Wake 
Island); and 
115 STAT. 1294 
PUBLIC LAW 107-107—DEC. 28, 2001 
(4) $24,000,000 (the balance of the amount authorized 
under section 2301(b) for a civil engineer complex at Osan 
Air Force Base, Korea). 
(c) ADJUSTMENT.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (7) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $48,436,000, which represents the combina-
tion of savings resulting from adjustments to foreign currency 
exchange rates for military construction, military family housing 
construction, and military family housing support outside the 
United States and savings resulting from favorable bids, reduced 
overhead charges, and cancellations due to force structure changes. 
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2001 PROJECTS. 
(a) McGuiRE AIR FORCE BASE.—The table in section 2301(a) 
of the Military Construction Authorization Act for Fiscal Year 2001 
(division B of the Spence Act; 114 Stat. 1654A-399) is amended— 
(1) in the item relating to McGuire Air Force Base, New 
Jersey, by striking "$29,772,000" in the amount column and 
inserting "$32,972,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$748,955,000". 
(b) MOUNTAIN HOME AIR FORCE BASE.—The table in section 
2302(a) of that Act (114 Stat. 1654A-400) is amended in the item 
relating to Mountain Home Air Force Base, Idaho, by striking 
"119 Units" in the purpose column and inserting "46 Units". 
(c) CONFORMING AMENDMENT.—Section 2304(b)(2) of that Act 
(114 Stat. 1654A-402) is amended by striking "$9,400,000" and 
inserting "$12,600,000". 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Cancellation of authority to carry out certain fiscal year 2001 projects. 
Sec. 2405. Modification of authority to carry out certain fiscal year 2000 projects. 
Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project. 
Sec. 2407. Modification of authority to carry out certain fiscal year 1995 project. 
Sec. 2408. Prohibition on expenditures to develop forward operating location on 
Aruba. 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization 
of appropriations 
in 
section 
2403(a)(1), the Secretary of Defense may acquire real property 
and carry out miUtary construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1295 
Defense Agencies: Inside the United States 
Agency 
Defense Education Ac-
tivity 
Defense Logistics Agen-
cy 
Special Operations Com-
TRICARE Management 
Washington Head-
Installation or location 
Laurel Bay, South CaroUna 
Marine Corps Base, Camp Lejeune, 
North Carolina 
Defense Distribution Depot Tracy, 
California 
Defense 
Distribution 
New 
Cum-
berland, Pennsylvania 
Eielson Air Force Base, Alaska 
Fort Belvoir, Virginia 
Grand Forks Air Force Base, North 
Dakota 
Hickam Air Force Base, Hawaii 
McGuire Air Force Base, New Jersey 
Minot Air Force Base, North Dakota 
Philadelphia, Pennsylvania 
Pope Air Force Base, North Carolina 
Aberdeen Proving Ground, Maryland 
CONUS Classified 
Fort Benning, Georgia 
Fort Bragg, North Carolina 
Fort Lewis, Washington 
Hurlbxirt Field, Florida 
MacDill Air Force Base, Florida 
Naval Station, San Diego, California 
Andrews Air Force Base, Maryland .. 
Dyess Air Force Base, Texas 
F. E. Warren Air Force Base, Wyo-
FortHood, Texas 
Fort StewarfHiuiter Army Air Field, 
Georgia 
Holloman Air Force Base, New Mex-
ico 
Hurlburt Field, Florida 
Marine 
Corps Base, Camp 
Pen-
Marine Corps Logistics Base, Al-
bany, Georgia 
Naval Air Station, Whidbey Island, 
Naval Hospital, TwentjTiine Palms, 
Cahfomia 
Naval Station, Mayport, Florida 
Naval Station, Norfolk, Virginia 
Schriever Air Force Base, Colorado .. 
Pentagon Reservation, Virginia 
Total: 
Amount 
$12,850,000 
$8,857,000 
$30,000,000 
$19,900,000 
$8,800,000 
$900,000 
$9,110,000 
$29,200,000 
$4,400,000 
$14,000,000 
$2,429,000 
$3,400,000 
$3,200,000 
$2,400,000 
$5,100,000 
$33,562,000 
$6,900,000 
$13,400,000 
$12,000,000 
$13,650,000 
$10,250,000 
$3,300,000 
$2,700,000 
$12,200,000 
$11,000,000 
$5,700,000 
$8,800,000 
$15,300,000 
$5,800,000 
$6,600,000 
$1,600,000 
$24,000,000 
$21,000,000 
$4,000,000 
$25,000,000 
$391,308,000 
115 STAT. 1296 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2403(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 Education Ac-
tivity 
Defense Logistics Agen-
cy 
OfSce Secretary of De-
fense 
T R I C A R E Management 
Activity 
Installation or location 
Aviano Air Base, Italy 
Geilenkirchen AB, Germany 
Heidelberg, Germany 
Kaiserslautem, Germany 
Kitzingen, Germany 
Landstuhl, Germany 
Ramstein Air Force Base, Germany 
Royal Air Force, Feltwell, United 
Kingdom 
Vogelweh Annex, Germany 
Wiesbaden Air Base, Germany 
Wuerzburg, Germany 
Anderson Air Force Base, Guam 
Camp Casey, Korea 
Naval Station, Rota, Spain 
Yokota Air Base, Japan 
Comalapa Air Base, El Salvador 
Heidelberg, Germany 
Lajes Field, Azores, Portugal 
Thule, Greenland 
Total: 
Amount 
$3,647,000 
$1,733,000 
$3,312,000 
$1,439,000 
$1,394,000 
$1,444,000 
$2,814,000 
$22,132,000 
$1,558,000 
$1,378,000 
$2,684,000 
$20,000,000 
$5,500,000 
$3,000,000 
$13,000,000 
$12,577,000 
$28,000,000 
$3,750,000 
$10,800,000 
$140,162,000 
SEC. 2402. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(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 $27,100,000. 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGEN-
CIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2001, 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 $1,481,208,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $391,308,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $140,162,000. 
(3) For unspecified minor construction projects under sec-
tion 2805 of title 10, United States Code, $24,492,000. 
(4) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$10,000,000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1297 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$54,496,000. 
(6) For energy conservation projects authorized by section 
2402, $27,100,000. 
(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), $632,713,000. 
(8) For military family housing functions: 
(A) For improvement of military family housing and 
facilities, $250,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $43,762,000, of which not more than $37,298,000 
may be obligated or expended for the leasing of military 
family housing units worldwide. 
(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 the construction of phase 6 of an ammunition 
demilitarization facility at Pine Bluff Arsenal, Arkansas, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1995 (division B of Public 
Law 103-337; 108 Stat. 3040), as amended by section 2407 
of the Military Construction Authorization Act for Fiscal Year 
1996 (division B of Public Law 104r-106; 110 Stat. 539), section 
2408 of the Military Construction Authorization Act for Fiscal 
Year 1998 (division B of Public Law 105-85; 111 Stat. 1982), 
section 2406 of the Military Construction Authorization Act 
for Fiscal Year 1999 (division B of Pubhc Law 105-261; 112 
Stat. 2197), and section 2407 of this Act, $26,000,000. 
(10) For the construction of phase 3 of an ammunition 
demilitarization facility at Pueblo Army Depot, 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 Pubhc Law 106-65; 113 Stat. 839), 
$11,000,000. 
(11) For construction of phase 4 of an ammunition demili-
tarization 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), $66,000,000. 
(12) For construction of phase 4 of an ammunition demili-
tarization facility at Aberdeen Proving Ground, Maryland, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1999 (division B of Public 
Law 105-261; 112 Stat. 2193), as amended by section 2406 
of this Act, $66,500,000. 
(13) For the construction of phase 2 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. 836), as amended by section 2405 of 
this Act, $3,000,000. 
115 STAT. 1298 
PUBLIC LAW 107-107—DEC. 28, 2001 
(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 the total amount authorized to 
be appropriated under paragraphs (1) and (2) of subsection (a). 
(c) ADJUSTMENTS.—^The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (13) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $17,575,000, which represents the combina-
tion of savings resulting from adjustments to foreign currency 
exchange rates for military construction, military family housing 
construction, and military family housing support outside the 
United States and savings resulting from favorable bids, reduced 
overhead charges, and cancellations due to force structure changes. 
SEC. 2404. CANCELLATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2001 PROJECTS. 
(a) CANCELLATION OF PROJECTS AT CAMP PENDLETON, CALI-
FORNIA.—The table in section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 2001 (division B of the Spence 
Act; 114 Stat. 1654A-402) is amended— 
(1) under the agency heading TRICARE Management 
Activity, by striking the item relating to Marine Corps Base, 
Camp Pendleton, California; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$242,756,000". 
(b) CANCELLATION OF PROJECTS AT UNSPECIFIED WORLDWIDE 
LOCATIONS.—Section 2401(c) of that Act (114 Stat. 1654A-404) is 
amended by striking "$451,135,000" and inserting "$30,065,000". 
(c) TREATMENT OF AUTHORIZATION OF APPROPRIATIONS FOR CER-
TAIN CANCELED PROJECTS.—Of the amount authorized to be appro-
priated by section 2403(a) of that Act (114 Stat. 1654A-404), and 
paragraph (1) of that section, $14,150,000 shall be available for 
purposes relating to construction of the Portsmouth Naval Hospital, 
Virginia, as authorized by section 2401(a) of the Military Construc-
tion Authorization Act for Fiscal Years 1990 and 1991 (division 
B of Public Law 101-189; 103 Stat. 1640). 
(d) 
REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR 
PROJECTS AT UNSPECIFIED WORLDWIDE LOCATIONS.—Section 2403 
of that Act (114 Stat. 1654A-404) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
"$1,883,902,000" and inserting "$1,828,872,000"; and 
(B) in paragraph (3), by striking "$85,095,000" and 
inserting "$30,065,000"; and 
(2) in subsection (b), by striking "may not exceed—" and 
all that follows through the end of the subsection and inserting 
"may not exceed the total amount authorized to be appropriated 
under paragraphs (1) and (2) of subsection (a).". 
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2000 PROJECTS. 
(a) MODIFICATION.—^The table in section 2401(a) of the Mihtary 
Construction Authorization Act for Fiscal Year 2000 (division B 
of Pubhc Law 106-65; 113 Stat. 835) is amended— 
(1) under the agency heading relating to Chemical Demili-
tarization, in the item relating to Blue Grass Army Depot, 
' • ' • • ^ ' • ' • • ^ ' • • ' ^ 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1299 
Kentucky, by striking "$206,800,000" in the amount column 
and inserting "$254,030,000"; 
(2) under the agency heading relating to TRICARE 
Management Agency— 
(A) in the item relating to Fort Wainwright, Alaska, 
by striking "$133,000,000" in the amount column and 
inserting "$215,000,000"; and 
(B) by striking the item relating to Naval Air Station, 
Whidbey Island, Washington; and 
(3) by striking the amount identified as the total in the 
amount column and inserting "$711,950,000". 
(b) TREATMENT OF AUTHORIZATION OF APPROPRIATIONS FOR 
CANCELED WHIDBEY ISLAND PROJECT.—Of the amount authorized 
to be appropriated by section 2405(a) of that Act (113 Stat. 837), 
and paragraph (1) of that section, $4,700,000 shall be available 
for purposes relating to construction of the Portsmouth Naval Hos-
pital, Virginia, as authorized by section 2401(a) of the Military 
Construction Authorization Act for Fiscal Years 1990 and 1991 
(division B of Public Law 101-189; 103 Stat. 1640). 
(c) CONFORMING AMENDMENTS.—Section 2405(b) of that Act 
(113 Stat. 839) is amended— 
(1) in paragraph (2), by striking "$115,000,000" and 
inserting "$197,000,000"; and 
(2) in paragraph (3), by striking "$184,000,000" and 
inserting "$231,230,000". 
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1999 PROJECT. 
(a) MODIFICATION.—^The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1999 (division B 
of Public Law 105-261; 112 Stat. 2193) is amended— 
(1) under the agency heading relating to Chemical Demili-
tarization, in the item relating to Aberdeen Proving Ground, 
Maryland, by striking "$186,350,000" in the amount column 
and inserting "$223,950,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$727,616,000". 
(b) CONFORMING AMENDMENT.—Section 2404(b)(3) of that Act 
(112 Stat. 2196) is amended by striking "$158,000,000" and 
inserting "$195,600,000". 
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1995 PROJECT. 
The table in section 2401 of the Military 
Construction 
Authorization Act for Fiscal Year 1995 (division B of Public Law 
103-337; 108 Stat. 3040), as amended by section 2407 of the Mili-
tary Construction Authorization Act for Fiscal Year 1996 (division 
B of Public Law 104-106; 110 Stat. 539), section 2408 of the 
Military Construction Authorization Act for Fiscal Year 1998 (divi-
sion B of Public Law 105-85; 111 Stat. 1982), and section 2406 
of the Military Construction Authorization Act for Fiscal Year 1999 
(division B of Public Law 105-261; 112 Stat. 2197), is amended 
under the agency heading relating to Chemical Agents and Muni-
tions Destruction, in the item relating to Pine Bluff Arsenal, 
Arkansas, by striking "$154,400,000" in the amount column and 
inserting "$177,400,000". 
115 STAT. 1300 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP FORWARD 
OPERATING LOCATION ON ARUBA. 
None of the funds appropriated under the heading "MILITARY 
CONSTRUCTION, DEFENSE-WIDE" in chapter 3 of title III of the Emer-
gency Supplemental Act, 2000 (Public Law 106-246; 114 Stat. 579), 
may be used by the Secretary of Defense to develop any forward 
operating location on the island of Aruba. 
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. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2001, for contributions by the Sec-
retary 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 $162,600,000. 
TITLE XXVI—GUARD AND RESERVE 
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, 2001, for the costs of 
acquisition, architectural and engineering services, and construction 
of facilities for the Guard and Reserve Forces, and for contributions 
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, 
$393,253,000; and 
(B) for the Army Reserve, $168,969,000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1301 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $52,896,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$253,852,000; and 
(B) for the Air Force Reserve, $73,032,000. 
TITLE XXVII—EXPIRATION AND 
EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1999 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects. 
Sec. 2704. Effective date. 
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, 2004; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2005. 
(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— 
(1) October 1, 2004; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2005 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program. 
SEC. 2702. 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 tables in subsection (b), as provided in section 2302 or 
2601 of that Act, shall remain in effect until October 1, 2002, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2003, whichever is later. 
115 STAT. 1302 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) TABLES.—^The tables referred to in subsection (a) are as 
follows: 
Air Force: Extension of 1999 Project Authorizations 
State 
Delaware 
Florida 
New Mexico 
Ohio 
Installation or loca-
tion 
Dover Air Force Base 
Patrick Air Force 
Kirtland Air Force 
Base 
Wright-Patterson Air 
Project 
Replace Family 
Housing (55 
units) 
Replace Family 
Housing (46 
units) 
Replace Family 
Housing (37 
units) 
Replace Family 
Housing (40 
units) 
Amount 
$8,998,000 
$9,692,000 
$6,400,000 
$5,600,000 
Army National Guard: Extension of 1999 Project Authorizations 
State 
Massachusetts 
South Carolina 
Installation or loca-
tion 
Westfield 
Spartanburg 
Project 
Army Aviation 
Support Fa-
cility 
Readiness Cen-
ter 
Amount 
$9,274,000 
$5,260,000 
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 
YEAR 1998 PROJECTS. 
(a) EXTENSION.—^Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1998 (division B 
of Public Law 105-85; 111 Stat. 1984), authorizations set forth 
in the tables in subsection (b), as provided in section 2102, 2202, 
or 2302 of that Act and extended by section 2702 of the Military 
Construction Authorization Act for Fiscal Year 2001 (division B 
of the Spence Act; 114 Stat. 1654A-408), shall remain in effect 
until October . 1, 2002, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2003, 
whichever is later. 
(b) TABLES.—^The tables referred to in subsection (a) are as 
follows: 
Army: Extension of 1998 Project Authorization 
State 
Maryland 
Installation or loca-
tion 
Fort Meade 
Project 
Family Housing 
Construction 
(56 units) 
Amount 
$7,900,000 
PUBLIC LAW 107-107—DEC. 28, 2001 
Navy: Extension of 1998 Project Authorizations 
115 STAT. 1303 
state 
California 
Loviisiana 
Installation or loca-
tion 
Naval Complex, San 
Diego 
Marine Corps Air 
Station, Miramar ... 
Naval Complex, New 
Orleans 
Naval Air Station, 
Corpus Christi 
Project 
Replace Family 
Housing (94 
units) 
Family Housing 
Construction 
(166 units) .... 
Replace Family 
Housing (100 
units) 
Family Housing 
Construction 
(212 units) .... 
Amount 
$13,500,000 
$28,881,000 
$11,930,000 
$22,250,000 
Air Force: 
State 
New Mexico 
Extension of 1998 Project Authorization 
Installation or loca-
tion 
Kirtland Air Force 
Base 
Project 
Replace Family 
Housing (180 
units) 
Amount 
$20,900,000 
SEC. 2704. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later o
f
— 
(1) October 1, 2001; or 
(2) the date of the enactment of this Act. 
TITLE XXVIII—GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Increase in thresholds for certain unspecified minor military construc-
tion projects. 
Sec. 2802. Exclusion of unforeseen environmental hazard remediation from limita-
tion on authorized cost variations. 
Sec. 2803. Repeal of annual reporting requirement on military construction and 
military family housing activities. 
Sec. 2804. Funds for housing allowances of members assigned to military family 
housing under alternative authority for acquisition and improvement 
of military housing. 
Sec. 2805. Extension of alternative authority for acquisition and improvement of 
military housing. 
Sec. 2806. Treatment of financing costs as allowable expenses under contracts for 
utility services from utility systems conveyed under privatization ini-
tiative. 
Subtitle B—^Real Property and Facilities Administration 
Sec. 2811. Use of military installations for certain recreational activities. 
Sec. 2812. Availability oi proceeds of sales of Department of Defense property from 
certain closed military installations. 
Sec. 2813. Pilot program to provide additional tools for efficient operation of mili-
tary installations. 
Sec. 2814. Demonstration program on reduction in long-term facility maintenance 
costs. 
115 STAT. 1304 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas. 
Subtitle C—Implementation of Prior Base Closure and Realignment 
Rounds 
Sec. 2821. Lease back of base closure property. 
Subtitle D—Land Conveyances 
PART I—ARMY CONVEYANCES 
Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchorage, 
Alaska. 
Sec. 2832. Lease authority. Fort DeRussy, Hawaii. 
Sec. 2833. Modification of land exchange. Rock Island Arsenal, Illinois. 
Sec. 2834. Land conveyance. Fort Des Moines, Iowa. 
Sec. 2835. Modification of land conveyances. Fort Dix, New Jersey. 
Sec. 2836. Land conveyance. Engineer Proving Ground, Fort Belvoir, Virginia. 
Sec. 2837. Land exchange and consolidation. Fort Lewis, Washington. 
Sec. 2838. Land conveyance. Army Reserve Center, Kewaunee, Wisconsin. 
PART II—NAVY CONVEYANCES 
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, Humboldt 
County, California. 
Sec. 2842. Land conveyance, Port of Long Beach, California. 
Sec. 2843. Conveyance of pier, Naval Base, San Diego, California. 
Sec. 2844. Modification of authority for conveyance of Naval Computer and Tele-
communications Station, Cutler, Maine. 
Sec. 2845. Land transfer and conveyance. Naval Security Group Activity, Winter 
Harbor, Maine. 
Sec. 2846. Land acquisition, Perquimans County, North Carolina. 
Sec. 2847. Land conveyance. Naval Weapons Industrial Reserve Plant, Toledo, 
Ohio. 
Sec. 2848. Modification of land conveyance, former United States Marine Corps Air 
Station, Eagle Mountain Lake, Texas. 
PART III—AIR FORCE CONVEYANCES 
Sec. 2851. Conveyance of avigation easements, former Norton Air Force Base, Cali-
fornia. 
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado. 
Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam. 
Sec. 2854. Conveyance of segment of Loring petroleum pipeline, Maine, and related 
easements. 
Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air Force 
Base and Bangor Air National Guard Base, Maine. 
Sec. 2856. Land conveyances, certain former Minuteman III ICBM facihties in 
North Dakota. 
Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina. 
Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett, Washington. 
Subtitle E—Other Matters 
Sec. 2861. Management of the Presidio of San Francisco. 
Sec. 2862. Transfer of jurisdiction for development of Air Force morale, welfare, 
and recreation facility. Park City, Utah. 
Sec. 2863. Alternate site for Umted States Air Force Memorial, preservation of 
open space on Arlington Ridge tract, and related land transfer at Ar-
lington National Cemetery, Virginia. 
Sec. 2864. Establishment of memorial to victims of terrorist attack on Pentagon 
Reservation and authority to accept monetary contributions for memo-
rial and repair of Pentagon. 
Sec. 2865. Repeal of limitation on cost of renovation of Pentagon Reservation. 
Sec. 2866. Development of United States Army Heritage and Education Center at 
Carlisle Barracks, Pennsylvania. 
Sec. 2867. Effect of limitation on construction of roads or highways. Marine Corps 
Base, Camp Pendleton, California. 
Sec. 2868. Establishment of World War II memorial at additional location on 
Guam. 
Sec. 2869. Demonstration project for purchase of fire, security, police, public works, 
and utility services from local government agencies. 
Sec. 2870. Report on futiu*e land needs of United States Military Academy, New 
York, and adjacent community. 
Sec. 2871. Naming of Patricia C. Lamar Army National Guard Readiness Center, 
Oxford, Mississippi. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1305 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. INCREASE IN THRESHOLDS FOR CERTAIN UNSPECIFIED 
MINOR MILITARY CONSTRUCTION PROJECTS. 
(a) PROJECTS REQUIRING ADVANCE APPROVAL OF SECRETARY 
CONCERNED.—Subsection (b)(1) of section 2805 of title 10, United 
States Code, is amended by striking "$500,000" and inserting 
"$750,000". 
(b) PROJECTS USING AMOUNTS FOR OPERATION AND MAINTE-
NANCE.—Subsection (c)(1) of that section is amended— 
(1) in subparagraph (A), by striking "$1,000,000" and 
inserting "$1,500,000"; and 
(2) in subparagraph (B), by striking "$500,000" and 
inserting "$750,000". 
SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL HAZARD 
REMEDIATION FROM LIMITATION ON AUTHORIZED COST 
VARIATIONS. 
Subsection (d) of section 2853 of title 10, United States Code, 
is amended to read as follows: 
"(d) The limitation on cost increases in subsection (a) does 
not apply to the following: 
"(1) The settlement of a contractor claim under a contract. 
"(2) The costs associated with the required remediation 
of an environmental hazard in connection with a military 
construction project or military family housing project, such 
as asbestos removal, radon abatement, lead-based 
paint 
removal or abatement, or any other legally required environ-
mental hazard remediation, if the required remediation could 
not have reasonably been anticipated at the time the project 
was approved originally by Congress.". 
SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT ON MILI-
TARY CONSTRUCTION AND MILITARY FAMILY HOUSING 
ACTIVITIES. 
(a) REPEAL.—Section 2861 of title 10, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of subchapter III of chapter 169 of such title is amended 
by striking the item relating to section 2861. 
SEC. 2804. FUNDS 
FOR 
HOUSING ALLOWANCES OF MEMBERS 
ASSIGNED TO MILITARY FAMILY HOUSING UNDER ALTER-
NATIVE ALFTHORITY FOR ACQUISITION AND IMPROVE-
MENT OF MILITARY HOUSING. 
(a) IN GENERAL.—Subchapter IV of chapter 169 of title 10, 
United States Code, is amended by inserting after section 2883 
the following new section: 
*
*
§ 2883a. Funds for housing allowances of members of the 
armed forces assigned to certain military family 
housing units 
"(a) 
AUTHORITY TO TRANSFER FUNDS TO COVER 
HOUSING 
ALLOWANCES.—During the fiscal year in which a contract is 
awarded for the acquisition or construction of military family 
89-194 O - 03 -11 QL 3 Part 2 
115 STAT. 1306 
PUBLIC LAW 107-107—DEC. 28, 2001 
housing units under this subchapter that are not to be owned 
by the United States, the Secretary of Defense may transfer the 
amount determined under subsection (b) with respect to such 
housing from appropriations available for support of military 
housing for the armed force concerned for that fiscal year to appro-
priations available for pay and allowances of military personnel 
of that same armed force for that same fiscal year. 
"(b) AMOUNT TRANSFERRED.—The total amount authorized to 
be transferred under subsection (a) in connection with a contract 
under this subchapter may not exceed an amount equal to any 
additional amounts payable during the fiscal year in which the 
contract is awarded to members of the armed forces assigned to 
the acquired or constructed housing units as basic allowance for 
housing under section 403 of title 37 that would not otherwise 
have been payable to such members if not for assignment to such 
housing units. 
"(c) TRANSFERS SUBJECT TO APPROPRIATIONS.—The transfer of 
funds under the authority of subsection (a) is limited to such 
amounts as may be provided in advance in appropriations Acts.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of that subchapter is amended by inserting after the item 
relating to section 2883 the following new item: 
"2883a. Fvinds for housing allowances of members of the armed forces assigned to 
certain military family housing units.". 
SEC. 2805. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISI-
TION AND IMPROVEMENT OF MILITARY HOUSING. 
Section 2885 of title 10, United States Code, is amended by 
striking "2004" and inserting "2012". 
SEC. 2806. TREATMENT 
OF 
FINANCING 
COSTS 
AS 
ALLOWABLE 
EXPENSES UNDER CONTRACTS FOR UTILITY SERVICES 
FROM UTILITY SYSTEMS CONVEYED UNDER PRIVATIZA-
TION INITIATIVE. 
(a) EVALUATION OF FEDERAL ACQUISITION REGULATioN.^The 
Secretary of Defense shall conduct an evaluation of the Federal 
Acquisition Regulation to determine whether or not it is advisable 
to modify the Federal Acquisition Regulation to provide that a 
contract for utility services from a utility system conveyed under 
section 2688(a) of title 10, United States Code, may include terms 
and conditions that recognize financing costs, such as return on 
equity and interest on debt, as an allowable expense when incurred 
by the conveyee of the utility system to acquire, operate, renovate, 
replace, upgrade, repair, or expand the utility system. The Secretary 
shall complete the evaluation not later than 90 days after the 
date of the enactment of this Act. 
(b) SUBMISSION OF RECOMMENDATION TO FEDERAL ACQUISITION 
REGULATORY COUNCIL.—If the Secretary determines under sub-
section (a) that it is advisable to modify the Federal Acquisition 
Regulation to provide that a contract described in such subsection 
may include terms and conditions described in such subsection, 
the Secretary shall submit the results of the evaluation to the 
Federal Acquisition Regulatory Council together with a rec-
ommendation regarding the amendments to the Federal Acquisition 
Regulation necessary to effectuate the modification. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1307 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN REC-
REATIONAL ACTIVITIES. 
(a) WAIVER AUTHORITY.—Section 2671 of title 10, United States 
Code, is amended— 
(1) in subsection (b), by striking "(b)" and inserting "(e) 
REGULATIONS.—" and transferring the subsection to the end 
of the section; and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b) WAIVER AUTHORITY.—(1) The Secretary of Defense may 
waive or otherwise modify the fish and game laws of a State 
or Territory otherwise applicable under subsection (a)(1) to hunting, 
fishing, or trapping at a military installation or facility if the 
Secretary determines that the application of such laws to such 
hunting, fishing, or trapping without modification could result in 
undesirable consequences for public health or safety at the installa-
tion or facility. The authority to waive such laws includes the 
authority to extend, but not reduce, the specified season for certain 
hunting, fishing, or trapping. The Secretary may not waive the 
requirements under subsection (a)(2) regarding a license for such 
hunting, fishing, or trapping or any fee imposed by a State or 
Territory to obtain such a license. 
"(2) If the Secretary determines that a waiver of fish and 
game laws of a State or Territory is appropriate under paragraph 
(1), the Secretary shall provide written notification to the appro-
priate State or Territory officials stating the reasons for, and extent 
of, the waiver. The notification shall be provided at least 30 days 
before implementation of the waiver.". 
(b) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (a), by inserting "GENERAL REQUIREMENTS 
FOR HUNTING, FISHING, AND TRAPPING.—" after "(a)"; 
(2) in subsection (c), by inserting "VIOLATIONS.—" after 
"(c)"; and 
(3) in subsection (d), by inserting "RELATION TO TREATY 
RIGHTS.—" after "(d)". 
SEC. 2812. AVAILABILITY OF PROCEEDS OF SALES OF DEPARTMENT 
OF DEFENSE PROPERTY FROM CERTAIN CLOSED MILI-
TARY INSTALLATIONS. 
(a) MODIFICATION OF AVAILABILITY PERCENTAGES.—Subsection 
(h)(2) of section 204 of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 485) is amended by striking subpara-
graphs (A) and (B) and inserting the following new subparagraphs: 
"(A) In the case of property located at a military installation 
that is closed, such amount shall be available for facility 
maintenance and repair or environmental restoration by the 
military department that had jurisdiction over such property 
before the closure of the military installation. 
"(B) In the case of property located at any other military 
installation— 
115 STAT. 1308 
PUBLIC LAW 107-107—DEC. 28, 2001 
10 use 2661 
note. 
Notification. 
Deadline. 
"(i) 50 percent of such amount shall be available for 
facility maintenance and repair or environmental restora-
tion at the military installation where such property was 
located before it was disposed of or transferred; and 
"(ii) 50 percent of such amount shall be available for 
facility maintenance and repair and for environmental res-
toration by the military department that had jurisdiction 
over such property before it was disposed of or trans-
ferred.", 
(b) RELATION TO OTHER LAWS.—Subsection (h) of such section 
is further amended— 
(1) in paragraph (1), by inserting "pursuant to a base 
closure law" after "realignment" in the first sentence; and 
(2) in paragraph (5), by inserting before the period at 
the end the following: ", and the term ^base closure law* shall 
have the meaning given that term in section 2667(h)(2) of 
such title". 
SEC. 2813. PILOT PROGRAM TO PROVIDE ADDITIONAL TOOLS FOR 
EFFICIENT OPERATION OF MILITARY INSTALLATIONS. 
(a) INITIATIVE AUTHORIZED.—^The Secretary of Defense may 
carry out a pilot program (to be known as the "Pilot Efficient 
Facilities Initiative") for purposes of determining the potential for 
increasing the efficiency and effectiveness of the operation of mili-
tary installations. 
(b) DESIGNATION OF PARTICIPATING MILITARY INSTALLATIONS.— 
(1) The Secretary of Defense may designate up to two military 
installations of each military department for participation in the 
Initiative. 
(2) Before designating a military installation under paragraph 
(1), the Secretary shall consult with employees at the installation 
and communities in the vicinity of the installation regarding the 
Initiative. 
(3) The Secretary shall transmit to Congress written notification 
of the designation of a military installation to participate in the 
Initiative not later than 30 days before taking any action to carry 
out the Initiative at the installation. The notification shall include 
a description of the steps taken by the Secretary to comply with 
paragraph (2). 
(c) MANAGEMENT PLAN.—(1) As part of the notification required 
under subsection (b), the Secretary of Defense shall submit a 
management plan for the Initiative at the military installation 
designated in the notification. 
(2) The management plan for a designated military installation 
shall include a description of— 
(A) each proposed lease of real or personal property located 
at the military installation; 
(B) each proposed disposal of real or personal property 
located at the installation; 
(C) each proposed leaseback of real or personal property 
leased or disposed of at the installation; 
(D) each proposed conversion of services at the installation 
from Federal Government performance to non-Federal Govern-
ment performance, including performance by contract with a 
State or local government or private entity or performance 
as consideration for the lease or disposal of property at the 
installation; and 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1309 
(E) each other action proposed to be taken to improve 
mission effectiveness and reduce the cost of providing quahty 
installation support at the installation. 
(3) With respect to each proposed action described under para-
graph (2), the management plan shall include— 
(A) an estimate of the savings expected to be achieved 
as a result of the action; 
(B) each regulation not required by statute that is proposed 
to be waived to implement the action; and 
(C) each statute or regulation required by statute that 
is proposed to be waived to implement the action, including— 
(i) an explanation of the reasons for the proposed 
waiver; and 
(ii) a description of the action to be taken to protect 
the public interests served by the statute or regulation, 
as the case may be, in the event of the waiver. 
(4) The management plan shall include measurable criteria 
for the evaluation of the effects of the actions taken pursuant 
to the Initiative at the designated military installation. 
(d) WAIVER OF STATUTORY REQUIREMENTS.—The Secretary of 
Defense may waive any statute, or regulation required by statute, 
for purposes of carrying out the Initiative only if specific authority 
for the waiver of such statute or regulation is provided in a law 
that is enacted after the date of the enactment of this Act. 
(e) INSTALLATION EFFICIENCY INITIATIVE FUND.—(1) There is 
established on the books of the Treasury a fund to be known 
as the "Installation Efficiency Initiative Fund". 
(2) There shall be deposited in the Fund all cash rents, pay-
ments, reimbursements, proceeds, and other amounts from leases, 
sales, or other conveyances or transfers, joint activities, and other 
actions taken under the Initiative. 
(3) To the extent provided in advance in authorization Acts 
and appropriations Acts, amounts in the Fund shall be available 
to the Secretary of Defense for purposes of managing capital assets 
and providing support services at military installations partici-
pating in the Initiative. Amounts in the Fund may be used for 
such purposes in addition to, or in combination with, other amounts 
authorized to be appropriated for such purposes. Amounts in the 
Fund shall be available for such purposes for five years. 
(4) Subject to applicable financial management regulations, 
the Secretary shall structure the Fund, and provide administrative 
policies and procedures, in order to provide proper control of 
deposits in and disbursements from the Fund. 
(f) REPORT.—Not later than December 31, 2004, the Secretary 
of Defense shall submit to Congress a report on the Initiative. 
The report shall contain a description of the actions taken under 
the Initiative and include such other information, including rec-
ommendations, as the Secretary considers appropriate regarding 
the Initiative. 
(g) DEFINITIONS.—In this section: 
(1) The term "Initiative" means the Pilot iffficient Facilities 
Initiative. 
(2) The term "Fund" means the Installation Efficiency Ini-
tiative Fund. 
(3) The term "military installation" has the meaning given 
such term in section 2687(e) of title 10, United States Code. 
Establishment. 
Deadline. 
115 STAT. 1310 
PUBLIC LAW 107-107—DEC. 28, 2001 
(h) TERMINATION.—^The authority of the Secretary of Defense 
to carry out the Initiative shall terminate December 31, 2005. 
10 use 2809 
SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN LONG-
note. 
TERM FACILITY MAINTENANCE COSTS. 
(a) AUTHORITY TO CARRY OUT PROGRAM.—The Secretary of 
the Army may conduct a demonstration program to assess the 
feasibility and desirability of including facility maintenance require-
ments in construction contracts for military construction projects 
for the purpose of determining whether such requirements facilitate 
reductions in the long-term facility maintenance costs of the military 
departments. 
(b) CONTRACTS.—^Not more than three contracts entered into 
in any year may contain requirements referred to in subsection 
(a) for the purpose of the demonstration program. The demonstra-
tion program may only cover contracts entered into on or after 
the date of the enactment of this Act. 
(c) EFFECTIVE PERIOD OF REQUIREMENTS.—^The effective period 
of a requirement referred to in subsection (a) that is included 
in a contract for the purpose of the demonstration program may 
not exceed five years. 
Deadline. 
(d) REPORTING REQUIREMENTS.—^Not later than January 31, 
2005, the Secretary of the Army shall submit to Congress a report 
on the demonstration program, including the following: 
(1) A description of all contracts that contain requirements 
referred to in subsection (a) for the purpose of the demonstra-
tion program. 
(2) An evaluation of the demonstration program and a 
description of the experience of the Secretary with respect 
to such contracts. 
(3) Any recommendations, including recommendations for 
the termination, continuation, or expansion of the demonstra-
tion program, that the Secretary considers appropriate. 
(e) EXPIRATION.—^The authority under subsection (a) to include 
requirements referred to in that subsection in contracts under the 
demonstration program shall expire on September 30, 2006. 
(f) FUNDING.—^Amounts authorized to be appropriated for the 
Army for a fiscal year for military construction shall be available 
for the demonstration program under this section in such fiscal 
year. 
SEC. 2815. BASE EFFICIENCY PROJECT AT BROOKS AIR FORCE BASE, 
TEXAS. 
(a) ADMINISTRATION OF PROJECT.—Section 136(m)(9) of the Mili-
tary Construction Appropriations Act, 2001 (division A of Public 
Law 106-246; 114 Stat. 524), is amended by striking ", who shall 
be a civilian official of the Department appointed by the President 
with the advice and consent of the Senate". 
Deadline. 
(b) INDEMNIFICATION OF TRANSFEREES.—Not later than March 
1, 2002, the Secretary of Defense shall submit to Congress a report 
evaluating the base efficiency project conducted under section 136 
of the Military Construction Appropriations Act, 2001 (division A 
of Public Law 106-246; 114 Stat. 520). The evaluation shall address 
whether the disposal of real property under subsection (e) or other 
provisions of that section requires any additional authority for 
the Secretary beyond the aumority provided under existing law 
to hold harmless, defend, and indemnify the recipients of the prop-
erty against claims arising out of Department of Defense activities 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1311 
on the property before disposal. If the Secretary determines that 
inclusion of such an indemnity provision would facilitate activities 
under the base efficiency project, the Secretary shall include a 
recommendation in the report regarding the nature and extent 
of the indemnification to be provided. 
Subtitle C—Implementation of Prior Base 
Closure and Realignment Rounds 
SEC. 
2821. 
LEASE 
BACK 
OF 
BASE 
CLOSURE 
PROPERTY. 
(a) 1988 LAW.—Section 204(b)(4) of the Defense Authorization 
Amendments and Base Closure and Realignment Act (Public Law 
100-526; 10 U.S.C. 2687 note) is amended— 
(1) by redesignating subparagraphs (E), (F), (G), (H), and 
(I) as subparagraphs (F), (G), (H), (I), and (J), respectively; 
and 
(2) by inserting after subparagraph (D) the following new 
subparagraph (E): 
"(E)(i) The Secretary may transfer real property at an installa-
tion approved for closure or realignment under this title (including 
property at an installation approved for realignment which will 
be retained by the Department of Defense or another Federal agency 
after realignment) to the redevelopment authority for the installa-
tion if the redevelopment authority agrees to lease, directly upon 
transfer, one or more portions of the property transferred under 
this subparagraph to the Secretary or to the head of another depart-
ment or agency of the Federal Government. Subparagraph (B) shall 
apply to a transfer under this subparagraph. 
"(ii) A lease under clause (i) shall be for a term of not to 
exceed 50 years, but may provide for options for renewal or exten-
sion of the term by the department or agency concerned. 
"(iii) A lease under clause (i) may not require rental payments 
by the United States. 
"(iv) A lease under clause (i) shall include a provision specifying 
that if the department or agency concerned ceases requiring the 
use of the leased property before the expiration of the term of 
the lease, the remainder of the lease term may be satisfied by 
the same or another department or agency of the Federal Govern-
ment using the property for a use similar to the use under the 
lease. Exercise of the authority provided by this clause shall be 
made in consultation with the redevelopment authority concerned. 
"(v) Notwithstanding clause (iii), if a lease under clause (i) 
involves a substantial portion of the installation, the department 
or agency concerned may obtain facility services for the leased 
property and common area maintenance from the redevelopment 
authority or the redevelopment authority's assignee as a provision 
of the lease. The facility services and common area maintenance 
shall be provided at a rate no higher than the rate charged to 
non-Federal tenants of the transferred property. Facility services 
and common area maintenance covered by the lease 'shall not 
include— 
"(I) municipal services that a State or local government 
is required by law to provide to all landowners in its jurisdiction 
without direct charge; or 
"(II) firefighting or security-guard functions.". 
115 STAT. 1312 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) 1990 LAW.—Section 2905(b)(4)(E) of the Defense Base Clo-
sure and Realignment Act of 1990 (part A of title XXIX of Public 
Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the 
end the following new clause: 
"(v) Notwithstanding clause (iii), if a lease under clause (i) 
involves a substantial portion of the installation, the department 
or agency concerned may obtain facility services for the leased 
property and common area maintenance from the redevelopment 
authority or the redevelopment authorit^s assignee as a provision 
of the lease. The facility services and common area maintenance 
shall be provided at a rate no higher than the rate charged to 
non-Federal tenants of the transferred property. Facility services 
and common area maintenance covered by the lease shall not 
include— 
"(I) municipal services that a State or local government 
is required by law to provide to all landowners in its jurisdiction 
without direct charge; or 
"(II) firefighting or security-guard functions.". 
Subtitle D—Land Conveyances 
PART I—ARMY CONVEYANCES 
SEC. 2831. LAND CONVEYANCE, WHITTIER-ANCHORAGE 
PIPELINE 
TANK FARM, ANCHORAGE, ALASKA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey to the Port of Anchorage, an entity of the Municipality 
of Anchorage, Alaska (in this section referred to as the "Port"), 
all right, title, and interest of the United States in and to two 
adjoining parcels of real property, including any improvements 
thereon, consisting of approximately 48 acres in Anchorage, Alaska, 
which are known as the Whittier-Anchorage Pipeline Tank Farm, 
for the purpose of permitting the Port to use the parcels for economic 
development. 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the Port shall pay to the United States an amount, 
in cash or in-kind, equal to not less than the fair market value 
of the conveyed property, as determined by the Secretary, The 
Secretary may authorize the Port to carry out, as in-kind consider-
ation, environmental remediation activities for the property to be 
conveyed. 
(c) TIME FOR CONVEYANCE.—^The Secretary may delay the 
conveyance under subsection (a) until such time as the Army studies 
relating to the Alaska deployment of the Interim Brigade Combat 
Team in Alaska are completed. 
(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 Port. 
(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. 2832. LEASE AUTHORITY, FORT DERUSSY, HAWAII. 
(a) LEASE AUTHORIZED.—^Notwithstanding section 809 of the 
Military Construction Authorization Act, 1968 (Public Law 90-
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1313 
110; 81 Stat. 309), and section 2814(b) of the Military Construction 
Authorization Act, 1989 (PubHc Law 100-456; 102 Stat. 2117), 
the Secretary of the Army may enter into a lease with the City 
and County of Honolulu, Hawaii, for the purpose of making avail-
able to the City and County a parcel of real property at Fort 
DeRussy, Hawaii, for the construction and operation of a parking 
facility. The size and location of the parcel shall be determined 
by the Secretary. 
(b) TERMS AND CONDITIONS.—The lease under subsection (a) 
may be for such term of years, require such consideration, and 
contain such other terms and conditions as the Secretary considers 
appropriate to protect the interests of the United States. 
(c) RELATIONSHIP TO OTHER LEASE AUTHORITY.—Section 2667 
of title 10, United States Code, shall not apply to the lease under 
subsection (a). 
(d) 
DISPOSITION OF MONEY RENTALS.—^All money rentals 
received pursuant to the lease under subsection (a) shall be— 
(1) retained by the Secretary; 
(2) credited to an appropriation account that supports the 
operation and maintenance of Fort DeRussy; and 
(3) available for such purpose until expended. 
SEC. 2833. MODIFICATION 
OF LAND EXCHANGE, 
ROCK 
ISLAND 
ARSENAL, ILLINOIS. 
(a) ADDITIONAL CONVEYANCE AUTHORIZED.—Subsection (a) of 
section 2832 of the Military Construction Authorization Act for 
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 857) 
is amended— 
(1) by 
inserting 
"(1)" after 
"CONVEYANCE 
AUTHOR-
IZED.—"; and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary may convey to the City all right, title, 
and interest of the United States in and to an additional parcel 
of real property, including improvements thereon, at the Rock Island 
Arsenal consisting of approximately .513 acres.". 
(b) 
CONSIDERATION.—Subsection 
(b) of such 
section is 
amended— 
(1) by inserting "(1)" after "CONSIDERATION.—"; 
(2) by striking "subsection (a)" both places it appears and 
inserting "subsection (a)(1)"; and 
(3) by adding at the end the following new paragraph: 
"(2) As consideration for the conveyance under subsection (a)(2), 
the City shall convey to the Secretary all right, title, and interest 
of the City in and to a parcel of real property consisting of approxi-
mately .063 acres and construct on the parcel, at the City's expense, 
a new access ramp to the Rock Island Arsenal.". 
SEC. 2834. LAND CONVEYANCE, FORT DES MOINES, lOWA-
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to Fort Des Moines Memorial Park, 
Inc., a nonprofit organization (in this section referred to as the 
"Memorial Park"), all right, title, and interest of the United States 
in and to a parcel of real property, including improvements thereon, 
consisting of approximately 4.6 acres located at Fort Des Moines 
United States Army Reserve Center, Des Moines, Iowa, for the 
purpose of the establishment of the Fort Des Moines Memorial 
Park and Education Center. 
115 STAT. 1314 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) CONDITION OF CONVEYANCE.—^The conveyance under sub-
section (a) shall be subject to the condition that the Memorial 
Park use the property for museum and park purposes. 
(c) REVERSION.—If the Secretary determines at any time that 
the real property conveyed under subsection (a) is not being used 
for museum and park purposes, all right, title, and interest in 
and to the real property, including any improvements thereon, 
shall revert to the United States, and the United States shall 
have the right of immediate entry thereon. 
(d) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) 
The 
Memorial Park shall reimburse the Secretary for the 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 authorized by this section, if 
the excess costs were incurred as a result of a request by the 
Memorial Park. 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 
authorized by subsection (a). 
(2) Section 2695(c) of title 10, United States Code, shall apply 
to any amount received under this subsection. 
(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 Memorial Park. 
(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. 2835. MODIFICATION OF LAND CONVEYANCES, FORT DIX, NEW 
JERSEY. 
Section 2835(c) of the Military Construction Authorization Act 
for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 
2004) is amended by adding at the end the following new paragraph: 
"(3) Notwithstanding paragraph (1) or (2), the Borough and 
Board may exchange between each other, without the consent of 
the Secretary, all or any portion of the property conveyed under 
subsection (a) so long as the property continues to be used by 
the grantees for economic development or educational purposes.". 
SEC. 2836. LAND CONVEYANCE, ENGINEER PROVING GROUND, FORT 
BELVOIR, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey to the Commonwealth of Virginia (in this section referred 
to as the "Commonwealth") all right, title, and interest of United 
States in and to two parcels of real property, including any improve-
ments thereon, located at the Engineer Proving Ground, Fort 
Belvoir, Virginia, as follows: 
(1) The parcel, consisting of approximately 170 acres, that 
is to be used for construction of a portion of the Fairfax County 
Parkway. 
(2) The parcel, consisting of approximately 11.45 acres, 
that is subject to an easement previously granted to the 
Commonwealth as Army easement DACA 31-3-96-440 for the 
construction of a portion of Interstate Highway 95. 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the Commonwealth shall— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1315 
(1) design and construct, at its expense and for public 
benefit, the portion of the Fairfax County Parkway through 
the Engineer Proving Ground; 
(2) provide a conceptual design for eventual incorporation 
and construction by others of access into the Engineer Proving 
^ 
Ground at the Rolling Road Interchange from Fairfax County 
Parkway as specified in Virginia Department of Transportation 
Project #R000-029-249, C514; 
(3) provide such easements or rights of way for utilities 
under or across the Fairfax County Parkway as the Secretary 
considers appropriate for the optimum development of the Engi-
neer Proving Ground; and 
(4) pay the United States an amount, jointly determined 
by the Secretary and the Commonwealth, appropriate to cover 
the costs of constructing a replacement building for building 
5089 located on the Engineer Proving Ground. 
(c) RESPONSIBILITY FOR ENVIRONMENTAL CLEANUP.—The Sec-
retary shall retain liability under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), and any other applicable environmental statute 
or regulation, for any environmental hazard on the property con-
veyed under subsection (a) as of the date of the conveyance under 
that subsection. 
(d) ACCEPTANCE AND DISPOSITION OF FUNDS.—(1) The Secretary 
of the Army may accept the funds paid by the Commonwealth 
as consideration under subsection (b)(4) and shall credit the 
accepted funds to the appropriation or appropriations that are 
appropriate for paying the costs of the replacement of Building 
5089, located on the Engineer Proving Ground, Fort Belvoir, Vir-
ginia, consistent with paragraphs (2) and (3) of this subsection. 
(2) Funds accepted under paragraph (1) shall be available, 
until expended, for the replacement of Building 5089. 
(3) Funds appropriated pursuant to the authorization of appro-
priations in section 301(a)(1), and funds appropriated pursuant 
to the authorization of appropriations in section 2104(a)(4), shall 
be available in accordance with section 2805 of title 10, United 
States Code, for the excess, if any, of the cost of the replacement 
of Building 5089 over the amount available for such project under 
paragraph (2). 
(e) DESCRIPTION OF PROPERTY.—(1) The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a)(1) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Commonwealth. 
(2) The exact acreage and legal description of the real property 
to be conveyed under subsection (a)(2) are as set forth in Army 
easement DACA 31-3-96-440. 
(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. 2837. LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS, 
WASHINGTON. 
(a) EXCHANGE AUTHORIZED.—(1) The Secretary of the Army 
may convey to the Nisqually Tribe, a federally recognized Indian 
tribe whose tribal lands are located within the State of Washington, 
all right, title, and interest of the United States in and to two 
115 STAT. 1316 
PUBLIC LAW 107-107—DEC. 28, 2001 
parcels of real property, including any improvements thereon, con-
sisting of approximately 138 acres at Fort Lewis, Washington, in 
exchange for the real property described in subsection (b). 
(2) The property authorized for conveyance under paragraph 
(1) does not include Bonneville Power Administration transmission 
facilities or the right of way described in subsection (c). 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the Nisqually Tribe shall— 
(1) acquire from Thurston County, Washington, several 
parcels of real property consisting of approximately 416 acres 
that are owned by the county, are located within the boundaries 
of Fort Lewis, and are currently leased by the Army; and 
(2) convey fee title over the acquired property to the Sec-
retary. 
(c) RIGHT-OF-WAY FOR BONNEVILLE POWER ADMINISTRATION.— 
The Secretary may use the authority provided in section 2668 
of title 10, United States Code, to convey to the Bonneville Power 
Administration a right-of-way that authorizes the Bonneville Power 
Administration to use real property at Fort Lewis as a route for 
the Grand Coulee-Olympia and Olympia-White River electric trans-
mission lines and appurtenances for the purpose of facilitating 
the removal of such transmission lines from tribal lands of the 
Nisqually Tribe. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) and acquired under subsection (b) shall be determined by surveys 
satisfactory to the Secretary and the Nisqually Tribe. The cost 
of a survey shall be borne by the recipient of the property being 
surveyed. 
(e) 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. 2838. LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE, 
WISCONSIN. 
(a) CONVEYANCE AUTHORIZED.—^The Administrator of General 
Services may convey, without consideration, to the City of 
Kewaunee, Wisconsin (in this section referred to as the "City"), 
all right, title, and interest of the United States in and to a parcel 
of Federal real property, including improvements thereon, that is 
located at 401 5th Street in Kewaunee, Wisconsin, and contains 
a surplus Army Reserve Center. After such conveyance, the property 
may be used and occupied only by the City or by another local 
or State government entity approved by the City. 
(b) REVERSIONARY INTEREST.—(1) During the 20-year period 
beginning on the date the Administrator makes the conveyance 
under subsection (a), if the Administrator determines that the con-
veyed property is not being used and occupied in accordance with 
such subsection, all right, title, and interest in and to the property, 
including any improvements thereon, shall revert to the United 
States. 
(2) Upon reversion, the Administrator shall immediately pro-
ceed to a public sale of the property. The Administrator shall 
deposit the net proceeds from the public sale in the land and 
water conservation fund established under section 2 of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C 4601-5). 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1317 
(c) ADDITIONAL LIMITATION ON USE.—The property conveyed 
under subsection (a) shall not be used for commercial purposes. 
(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 Adminis-
trator. The cost of the survey shall be borne by the City. 
(e) 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. 
PART II—NAVY CONVEYANCES 
SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE BEACH NAVAL 
STATION, HUMBOLDT COUNTY, CALIFORNIA. 
(a) TRANSFER AUTHORIZED.—^The Secretary of the Navy may 
transfer, without reimbursement, to the administrative jurisdiction 
of the Secretary of the Interior the real property, including any 
improvements thereon, consisting of the closed Centerville Beach 
Naval Station in Humboldt County, California, for the purpose 
of permitting the Secretary of the Interior to manage the real 
property as open space or for other public purposes. 
(b) LEGAL DESCRIPTION.—^The exact acreage and legal descrip-
tion of the real property to be transferred under this section shall 
be determined by a survey satisfactory to the Secretary of the 
Navy. The cost of the survey shall be borne by the Secretary 
of the Interior. 
(c) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary of the 
Navy may require such additional terms and conditions in connec-
tion with the transfer under subsection (a) as the Secretary of 
the Navy considers appropriate to protect the interests of the United 
States. 
SEC. 2842. LAND CONVEYANCE, PORT OF LONG BEACH, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the City of Long Beach, California, acting by £md through 
its Board of Harbor Commissioners (in this section referred to 
as the "City), all right, title, and interest of the United States 
in and to up to 11.08 acres of real property, including any improve-
ments thereon, comprising a portion of the Navy Mole at the former 
Long Beach Naval Complex, Long Beach, California, for the purpose 
of permitting the City to use the property to support the reuse 
of other former Navy property conveyed to the City. 
(b) CONSIDERATION.—(1) Subject to paragraph (2), as consider-
ation for the conveyance under subsection (a), the City shall— 
(A) convey to the Secretary all right, title, and interest 
of the City in and to a parcel of real property of equal size 
on the Mole that is acceptable to the Secretary; and 
(B) construct on the property conveyed under subparagraph 
(A) suitable replacement fuel transfer and storage facilities 
for the Navy, similar or equivalent to the facilities on the 
property to be conveyed under subsection (a), as determined 
necessary by the Secretary. 
(2) If the Secretary determines that replacement fuel transfer 
and storage facilities are not required by the Navy, the Secretary 
may make the conveyance under subsection (a) at no cost to the 
City. 
115 STAT. 1318 
PUBLIC LAW 107-107—DEC. 28, 2001 
(c) TIME FOR CONVEYANCE.—Unless the Secretary makes the 
determination referred to in subsection (b)(2), the conveyance to 
the City authorized by subsection (a) shall be made only after 
the Secretary determines that the replacement fuel transfer and 
storage facilities have been constructed and are ready for use. 
(d) CONSTRUCTION SCHEDULE.—The City shall construct the 
replacement fuel transfer and storage facilities pursuant to such 
schedule and in such a manner so as to not interrupt or otherwise 
adversely affect the capability of the Navy to accomplish its mission. 
(e) 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 City shall be responsible for conducting the surveys. 
(f) 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. CONVEYANCE OF PIER, NAVAL BASE, SAN DIEGO, CALI-
FORNIA. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy 
may convey, without consideration, to the San Diego Aircraft Car-
rier Museum or its designee (in this section referred to as the 
"Museum") all right, title, and interest of the United States in 
and to the property known as Pier llA at Naval Base, San Diego, 
California, together with associated structures and interests in the 
land underljdng the pier, if any, for the purpose of permitting 
the Museum to use the property to berth a vessel and operate 
a museum for the general public. 
(2) The Secretary may not make the conveyance until such 
time as the Museum certifies that the Museum has acquired an 
interest in property from the State of California or a political 
subdivision of the State to facilitate the use of the conveyed pier 
to berth a vessel and operate a museum for the general public. 
(b) ASSUMPTION OF LIABILITY.—The Museum shall expressly 
accept any and all liability pertaining to the physical condition 
of the property conveyed under subsection (a) and shall hold the 
United States harmless from any and all liability arising from 
the property's physical condition. 
(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The 
Museum shall reimburse the Secretary for the excess costs incurred 
by the Secretary for any environmental assessment, study, or anal-
ysis, or for any other excess costs incurred by the Secretary, in 
connection with the conveyance authorized by this section, if the 
excess costs were incurred as a result of a request by the Museum. 
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 authorized 
by subsection (a). 
(2) Section 2695(c) of title 10, United States Code, shall apply 
to any amount received by the Secretary under this subsection. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the 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 Museum. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1319 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2844. MODIFICATION 
OF AUTHORITY 
FOR CONVEYANCE 
OF 
NAVAL COMPUTER 
AND TELECOMMUNICATIONS 
STA-
TION, CUTLER, MAINE. 
Section 2853(a) of the MiHtary Construction Authorization Act 
for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A-
430) is amended by inserting "any or" before "all right". 
SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL 
SECURITY 
GROUP ACTIVITY, WINTER HARBOR, MAINE. 
(a) TRANSFER OF JURISDICTION OF SCHOODIC POINT PROPERTY 
AUTHORIZED.—(1) The Secretary of the Navy may transfer to the 
Secretary of the Interior administrative jurisdiction of a parcel 
of real property, including any improvements thereon and appur-
tenances thereto, consisting of approximately 26 acres as generally 
depicted as Tract 15-116 on the map entitled "Acadia National 
Park Schoodic Point Area", numbered 123/80,418 and dated May 
2001. The map shall be on file and available for inspection in 
the appropriate offices of the National Park Service. 
(2) The transfer authorized by this subsection shall occur, if 
at all, concurrently with the reversion of administrative jurisdiction 
of a parcel of real property consisting of approximately 71 acres, 
as depicted as Tract 15-115 on the map referred to in paragraph 
(1), from the Secretary of the Navy to the Secretary of the Interior 
as authorized by Public Law 80-260 (61 Stat. 519) and to be 
executed on or about June 30, 2002. 
(b) CONVEYANCE OF COREA AND WINTER HARBOR PROPERTIES 
AUTHORIZED.—^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 any of the parcels of real property, including any improvements 
thereon and appurtenances thereto, consisting of approximately 
485 acres and comprising the former facilities of the Naval Security 
Group Activity, Winter Harbor, Maine, located in Hancock County, 
Maine, less the real property described in subsection (a)(1), for 
the purpose of economic redevelopment. 
(c) TRANSFER OF PERSONAL PROPERTY.—^The Secretary of the 
Navy may transfer, without consideration, to the Secretary of the 
Interior in the case of the real property transferred under subsection 
(a), or to any recipient of such real property in the case of real 
property conveyed under subsection (b), any or all personal property 
associated with the real property so transferred or conveyed, 
including any personal property required to continue the mainte-
nance of the infrastructure of such real property (including the 
generators for an uninterrupted power supply in building 154 at 
the Corea site). 
(d) MAINTENANCE OF PROPERTY PENDING CONVEYANCE.—(1) 
The Secretary of the Navy shall maintain any real property, 
including any improvements thereon, appurtenances thereto, and 
supporting infrastructure, to be conveyed under subsection (b) in 
accordance with the protection and maintenance standards specified 
in section 101-47.4913 of title 41, Code of Federal Regulations, 
until the earlier of— 
(A) the date of the conveyance of such real property under 
subsection (b); or 
115 STAT. 1320 
PUBLIC LAW 107-107—DEC. 28, 2001 
(B) September 30, 2003. 
(2) The requirement in paragraph (1) shall not be construed 
as authority to improve the real property, improvements, and infra-
structure referred to in that paragraph so as to bring such real 
property, improvements, or infrastructure into compliance with any 
zoning or property maintenance codes or to repair any damage 
to such improvements and infrastructure caused by natural accident 
or disaster. 
(e) INTERIM LEASE.—(1) Until such time as any parcel of real 
property to be conveyed under subsection (b) is conveyed by deed 
under that subsection, the Secretary of the Navy may lease such 
parcel to any person or entity determined by the Secretary to 
be an appropriate lessee of such parcel. 
(2) The amount of rent for a lease under paragraph (1) shall 
be the amount determined by the Secretary to be appropriate, 
and may be an amount less than the fair market value of the 
lease. 
(f) REIMBURSEMENT FOR ENVIRONMENTAL AND OTHER ASSESS-
MENTS.—(1) The Secretary of the Navy may require each recipient 
of real property conveyed under subsection (b) to reimburse the 
Secretary for the excess costs incurred by the Secretary for any 
environmental assessment, study, or analysis carried out by the 
Secretary in connection with the conveyance of such property, if 
the excess costs were incurred as a result of a request by the 
recipient. 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 
to the recipient. 
(2) Section 2695(c) of title 10, United States Code, shall apply 
to any amount received by the Secretary under this subsection. 
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property transferred under subsection (a), 
and each parcel of real property conveyed under subsection (b), 
shall be determined by a survey satisfactory to the Secretary of 
the Navy. The cost of any survey for real property conveyed under 
subsection (b) shall be borne by the recipient of the real property. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Navy may require such additional terms and conditions in connec-
tion with any conveyance under subsection (b), and any lease under 
subsection (e), as the Secretary considers appropriate to protect 
the interests of the United States. 
SEC. 2846. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH CARO-
LINA. 
The Secretary of the Navy may, using funds previously appro-
priated for such purpose, acquire any and all right, title, and 
interest in and to a parcel of real property, including improvements 
thereon, consisting of approximately 240 acres, or any portion 
thereof, in Perquimans County, North Carolina, for purposes of 
including such parcel in the Harvey Point Defense Testing Activity, 
Hertford, North Carolina. 
SEC. 2847. LAND CONVEYANCE, 
NAVAL WEAPONS 
INDUSTRIAL 
RESERVE PLANT, TOLEDO, OHIO. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy 
may convey, without consideration, to the Toledo-Lucas County 
Port Authority, Ohio (in this section referred to as the "Port 
Authority), any or all right, title, and interest of the United States 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1321 
in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 29 acres and comprising the 
Naval Weapons Industrial Reserve Plant, Toledo, Ohio. 
(2) The Secretary may include in the conveyance under para-
graph (1) such facilities, equipment, fixtures, and other personal 
property located or based on the parcel conveyed under that para-
graph, or used in connection with the parcel, as the Secretary 
determines to be excess to the Navy. 
(b) LEASE AUTHORITY.—^Until such time as the real property 
described in subsection (a)(1) is conveyed by deed, the Secretary 
may lease such real property, and any personal property described 
in subsection (a)(2), to the Port Authority in exchange for such 
security, fire protection, and maintenance services as the Secretary 
considers appropriate. 
(c) CONDITIONS OF CONVEYANCE.—^The conveyance under sub-
section (a), and any lease under subsection (b), shall be subject 
to the conditions that the Port Authority— 
(1) accept the real and personal property concerned in 
their condition at the time of the conveyance or lease, as the 
case may be; and 
(2) except as provided in subsection (d), use the real and 
personal property concerned, whether directly or through an 
agreement with a public or private entity, for economic develop-
ment or such other public purposes as the Port Authority 
considers appropriate. 
(d) SUBSEQUENT USE.—(1) Subject to the approval of the Sec-
retary, the Port Authority may sublease real property or personal 
property covered by a lease under subsection (b) to another person 
for economic development or such other public purposes as the 
Port Authority considers appropriate. 
(2) Following the conveyance of real property under subsection 
(a), the Port Authority may lease or reconvey the real property, 
and any personal property conveyed with such real property under 
that subsection, for economic development or such other public 
purposes as the Port Authority considers appropriate. 
(e) REIMBURSEMENT FOR COSTS OF CONVEYANCE AND LEASE.— 
(1) The Port Authority shall reimburse the Secretary for the 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 authorized by this 
section, if the excess costs were incurred as a result of a request 
by the Port Authority. 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 authorized by subsection (a). 
(2) Section 2695(c) of title 10, United States Code, shall apply 
to any amount received by the Secretary under this subsection. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a)(1), and an appropriate inventory or other description of the 
personal property to be conveyed under subsection (a)(2), shall 
be determined by a survey and other means satisfactory to the 
Secretary. The cost of the survey shall be borne by the Port 
Authority. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 
may 
require such additional terms and conditions in connection with 
115 STAT. 1322 
PUBLIC LAW 107-107—DEC. 28, 2001 
the conveyance under subsection (a)(1), and any lease under sub-
section (b), as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 2848. MODIFICATION OF LAND CONVEYANCE, FORMER UNITED 
STATES MARINE CORPS AIR STATION, EAGLE MOUNTAIN 
LAKE, TEXAS. 
Section 5 of Public Law 85-258 (71 Stat. 583) is amended 
by inserting before the period at the end the following: "or for 
the protection, maintenance, and operation of other Texas National 
Guard facilities". 
PART III—AIR FORCE CONVEYANCES 
SEC. 2851. CONVEYANCE 
OF AVIGATION 
EASEMENTS, 
FORMER 
NORTON AIR FORCE BASE, CALIFORNIA. 
(a) CONVEYANCE REQUIRED.—^The Administrator of General 
Services shall convey, without consideration, to the Inland Valley 
Development Agency (the redevelopment authority for former 
Norton Air Force Base, California) two avigation easements (identi-
fied as APN 289-231-08 and APN 289-232-08) held by the United 
States. 
(b) CONDITION OF CONVEYANCE.—^The conveyance required by 
subsection (a) shall be subject to the condition that, if the recipient 
sells one or both of the easements conveyed under subsection (a), 
the recipient shall pay to the United States an amount equal 
to the lesser of— 
(1) the sale price of the easement; or 
(2) the fair market value of the easement. 
(c) DURATION OF CONDITION.—^The condition specified in sub-
section (b) shall apply only to a conveyance that occurs during 
the 10-year period beginning on the date the Administrator makes 
the conveyance required by subsection (a). 
SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY AIR 
FORCE BASE, COLORADO. 
The Secretary of the Air Force shall reevaluate the terms 
and conditions of the pending negotiated sale agreement with the 
Lowry Redevelopment Authority for certain real property at Lowry 
Air Force Base, Colorado, in light of changed circumstances 
regarding the property, including changes in the flood plain designa-
tions affecting some of the property, to determine whether the 
changed circumstances warrant a reduction in the amount of consid-
eration otherwise required under the agreement or other modifica-
tions to the agreement. 
SEC. 2853. WATER RIGHTS CONVEYANCE, ANDERSEN AIR FORCE BASE, 
GUAM. 
(a) AUTHORITY To CONVEY.—In conjunction with the conveyance 
of the water supply system for Andersen Air Force Base, Guam, 
under the authority of section 2688 of title 10, United States Code, 
and in accordance with all the requirements of that section, the 
Secretary of the Air Force may convey all right, title, and interest 
of the United States, or such lesser estate as the Secretary considers 
appropriate to serve the interests of the United States, in the 
water rights related to the following Air Force properties located 
on Guam: 
t"*©?^!^^,«( 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1323 
(1) Andy South, also known as the Aadersen Administrative 
Annex. 
(2) Marianas Bonins Base Command. 
(3) Andersen Water Supply Annex, also known as the 
Tumon Water Well or the Tumon Maui Well. 
(b) ADDITIONAL REQUIREMENTS.—^The Secretary may exercise 
the authority contained in subsection (a) only if the Secretary— 
(1) determines that adequate supplies of potable ground-
water exist under the main base and northwest field portions 
of Andersen Air Force Base to meet the current and long-
term requirements of the installation for water; 
(2) determines that such supplies of groundwater are 
economically obtainable; and 
(3) requires the conveyee of the water rights under sub-
section (a) to provide a water system capable of meeting the 
water supply needs of the main base and northwest field por-
tions of Andersen Air Force Base, as determined by the Sec-
retary. 
(c) INTERIM WATER SUPPLIES.—If the Secretary determines that 
it is in the best interests of the United States to transfer title 
to the water rights and utility systems at Andy South and Andersen 
Water Supply Annex before placing into service a replacement 
water system and well field on Andersen Air Force Base, the Sec-
retary may require that the United States have the primary right 
to all water produced from Andy South and Andersen Water Supply 
Annex until the replacement water system and well field is placed 
into service and operates to the satisfaction of the Secretary. In 
exercising the authority provided by this subsection, the Secretary 
may retain a reversionary interest in the water rights and utility 
systems at Andy South and Andersen Water Supply Annex until 
such time as the replacement water system and well field is placed 
into service and operates to the satisfaction of the Secretary. 
(d) SALE OF EXCESS WATER AUTHORIZED.—(1) As part of the 
conveyance of water rights under subsection (a), the Secretary 
may authorize the conveyee of the water system to sell to public 
or private entities such water from Andersen Air Force Base as 
the Secretary determines to be excess to the needs of the United 
States. In the event the Secretary authorizes the conveyee to resell 
water, the Secretary shall negotiate a reasonable return to the 
United States of the value of such excess water sold by the conveyee, 
which return the Secretary may receive in the form of reduced 
charges for utility services provided by the conveyee. 
(2) If the Secretary cannot meet the requirements of subsection 
(b), and the Secretary determines to proceed with a water utility 
system conveyance under section 2688 of title 10, United States 
Code, without the conveyance of water rights, the Secretary may 
provide in any such conveyance that the conveyee of the water 
system may sell to public or private entities such water from 
Andy South and Andersen Water Supply Annex as the Secretary 
determines to be excess to the needs of the United States. The 
Secretary shall negotiate a reasonable return to the United States 
of the value of such excess water sold by the conveyee, which 
return the Secretary may receive in the form of reduced charges 
for utility services provided by the conveyee. 
(e) TREATMENT OF WATER RIGHTS.—For purposes of section 
2688 of title 10, United States Code, the water rights referred 
115 STAT. 1324 
PUBLIC LAW 107-107—DEC. 28, 2001 
to in subsection (a) shall be considered as part of a utility system 
(as that term is defined in subsection (h)(2) of such section). 
SEC. 2854. CONVEYANCE OF SEGMENT OF LORING PETROLEUM PIPE-
LINE, MAINE, AND RELATED EASEMENTS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the Loring Development 
Authority, Maine (in this section referred to as the "Authority"), 
all right, title, and interest of the United States in and to the 
segment of the Loring Petroleum (POL) Pipeline, Maine, consisting 
of approximately 27 miles in length and running between the 
Searsport terminal and Bangor Air National Guard Base. 
(b) RELATED EASEMENTS.—As part of the conveyance authorized 
by subsection (a), the Secretary may convey to the Authority, with-
out consideration, all right, title, and interest of the United States 
in and to any easements or rights-of-way necessary for the operation 
or maintenance of the segment of pipeline conveyed under that 
subsection. 
(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The 
Authority shall reimburse the Secretary for the excess costs incurred 
by the Secretary for any environmental assessment, study, or anal-
ysis, or for any other excess costs incurred by the Secretary, in 
connection with the conveyance authorized by this section, if the 
excess costs were incurred as a result of a request by the Authority. 
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 authorized 
by subsection (a). 
(2) Section 2695(c) of title 10, United States Code, shall apply 
to any amount received by the Secretary under this subsection. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the segment of pipeline conveyed under subsection 
(a), and of any easements or rights-of-way conveyed under sub-
section (b), shall be determined by surveys and other means satisfac-
tory to the Secretary. The cost of any survey or other services 
performed at the direction of the Secretary under the preceding 
sentence shall be borne by the Authority. 
(e) 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. 2855. LAND CONVEYANCE, PETROLEUM TERMINAL SERVING 
FORMER LORING AIR FORCE BASE AND BANGOR AIR 
NATIONAL GUARD BASE, MAINE. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air 
Force may convey to the Maine Port Authority of the State of 
Maine (in this section referred to as the "Authority) all right, 
title, and interest of the United States in and to the Petroleum 
Terminal (POL) at Mack Point, Searsport, Maine, which served 
former Loring Air Force Base and Bangor Air National Guard 
Base, Maine. 
(2) The conveyance under paragraph (1) may include the fol-
lowing: 
(A) A parcel of real property, including any improvements 
thereon, consisting of approximately 20 acres and comprising 
a portion of the Petroleum Terminal. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1325 
(B) Any additional fuel tanks, other improvements, and 
equipment located on the 43-acre parcel of property adjacent 
to the property described in subparagraph (A), and leased by 
the Secretary as of the date of the enactment of this Act, 
which constitutes the remaining portion of the Petroleum Ter-
minal. 
(b) CONDITION OF CONVEYANCE.—The Secretary may not make 
the conveyance under subsection (a) unless the Authority agrees 
to utilize the property to be conveyed under that subsection solely 
for economic development purposes. 
(c) CONSIDERATION.—(1) As consideration for the conveyance 
under subsection (a), the Authority shall lease to the Secretary 
approximately one acre of the real property conveyed under that 
subsection, together with any improvements thereon, that con-
stitutes the Aerospace Fuels Laboratory (also known as Building 
14). 
(2) The real property leased under this subsection shall include 
the parking lot, outbuildings, and other improvements associated 
with the Aerospace Fuels Laboratory and such easements of ingress 
and egress to the real property, including easements for utilities, 
as are required for the operations of the Aerospace Fuels Labora-
tory. 
(3) As part of the lease of real property under this subsection, 
the Authority shall maintain around the real property for the 
term of the lease a zone, not less than 75 feet in depth, free 
of improvements or encumbrances. 
(4) The lease under this subsection shall be without cost to 
the United States. 
(5) The term of the lease under this subsection may not exceed 
25 years. If operations at the Aerospace Fuels Laboratory cease 
before the expiration of the term of the lease otherwise provided 
for under this subsection, the lease shall be deemed to have expired 
upon the cessation of such operations. 
(d) CONVEYANCE CONTINGENT ON EXPIRATION OF LEASE OF FUEL 
TANKS.—^The Secretary may not make the conveyance under sub-
section (a) until the expiration of the lease referred to in paragraph 
(2)(B) of that subsection. 
(e) 
REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) 
The 
Authority shall reimburse the Secretary for the excess costs incurred 
by the Secretary for any environmental assessment, study, or anal-
ysis, or for any other excess costs incurred by the Secretary, in 
connection with the conveyance authorized by this section, if the 
excess costs were incurred as a result of a request by the Authority. 
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 authorized 
by subsection (a). 
(2) Section 2695(c) of title 10, United States Code, shall apply 
to any amount received by the Secretary under this subsection. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost 
of the survey shall be borne by the Authority. 
(g) ADDITIONAL TERMS AND CONDITIONS.—-The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a), and the lease under subsection 
115 STAT. 1326 
PUBLIC LAW 107-107—DEC. 28, 2001 
(c), as the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2856. LAND CONVEYANCES, CERTAIN FORMER MINUTEMAN III 
ICBM FACIUTIES IN NORTH DAKOTA. 
(a) CONVEYANCES AUTHORIZED.—(1) The Secretary of the Air 
Force may convey, without consideration, to the State Historical 
Society of North Dakota (in this section referred to as the "Historical 
Society") all right, title, and interest of the United States in and 
to parcels of real property, together with any improvements thereon, 
of the Minuteman III ICBM facilities of the former 321st Missile 
Group at Grand Forks Air Force Base, North Dakota, as follows: 
(A) The parcel consisting of the launch facility designated 
"November-33". 
(B) The parcel consisting of the missile alert facility and 
launch control center designated "Oscar-0". 
(2) The purpose of the conveyance of the facilities is to provide 
for the establishment of an historical site allowing for the preserva-
tion, protection, and interpretation of the facilities. 
(b) CONSULTATION.—^The Secretary shall consult with the Sec-
retary of State and the Secretary of Defense in order to ensure 
that the conveyances required by subsection (a) are carried out 
in accordance with applicable treaties. 
(c) HISTORICAL SITE.—^The Secretary may, in cooperation with 
the Historical Society, enter into one or more cooperative agree-
ments with appropriate public or private entities or individuals 
in order to provide for the establishment and maintenance of the 
historic site referred to in subsection (a)(2). 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Secretary. 
(e) 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. 2857. LAND CONVEYANCES, CHARLESTON AIR FORCE BASE, 
SOUTH CAROLINA. 
(a) CONVEYANCE TO STATE OF SOUTH CAROLINA AUTHORIZED.— 
The Secretary of the Air Force may convey, without consideration, 
to the State of South Carolina (in this section referred to as the 
"State"), all right, title, and interest of the United States in and 
to a portion (as determined under subsection (c)) of the real prop-
erty, including any improvements thereon, consisting of approxi-
mately 24 acres at Charleston Air Force Base, South Carolina, 
and comprising the Air Force Family Housing Annex. The purpose 
of the conveyance is to facilitate the Remount Road Project. 
(b) CONVEYANCE TO CITY OF NORTH CHARLESTON AUTHOR-
IZED.—^The Secretary may convey, without consideration, to the 
City of North Charleston, South Carolina (in this section referred 
to as the "City"), all right, title, and interest of the United States 
in and to a portion (as determined under subsection (c)) of the 
real property, including any improvements thereon, referred to in 
subsection (a). The purpose of the conveyance is to permit the 
use of the property by the City for municipal purposes. 
(c) DETERMINATION OF PORTIONS OF PROPERTY TO B E CON-
VEYED.—(1) Subject to paragraph (2), the Secretary, the State, 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1327 
and the City shall jointly determine the portion of the property 
referred to in subsection (a) that is to be conveyed to the State 
under subsection (a) and the portion of the property that is to 
be conveyed to the City under subsection (b). 
(2) In determining under paragraph (1) the portions of property 
to be conveyed under this section, the portion to be conveyed to 
the State shall be the minimum portion of the property required 
by the State for the purpose specified in subsection (a), and the 
portion to be conveyed to the City shall be the balance of the 
property. 
(d) LIMITATION ON CONVEYANCES.—^The Secretary may not carry 
out the conveyance of property authorized by subsection (a) or 
(b) until the completion of an assessment of environmental contami-
nation of the property authorized to be conveyed by such subsection 
for purposes of determining responsibility for environmental remedi-
ation of such property. 
(e) 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 the survey for the property to be conveyed 
under subsection (a) shall be borne by the State, and the cost 
of the survey for the property to be conveyed under subsection 
(b) shall be borne by the City. 
(f) 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. 
SEC. 2858. TRANSFER OF JURISDICTION, MUKILTEO TANK FARM, 
EVERETT, WASHINGTON. 
(a) TRANSFER AUTHORIZED.—^The Secretary of the Air Force 
shall transfer, without reimbursement, to the Secretary of Com-
merce administrative jurisdiction over a parcel of real property, 
including improvements thereon, consisting of approximately 1.1 
acres located at the Mukilteo Tank Farm in Everett, Washington, 
and containing the Mukilteo Research Center facility of the National 
Marine Fisheries Service. 
(b) TIME FOR CONVEYANCE.—^The Secretary of the Air Force 
shall make the transfer under subsection (a) at the same time 
that the Secretary makes the conveyance authorized by section 
2866 of the Military Construction Authorization Act for Fiscal Year 
2001 (division B of the Spence Act; 114 Stat. 1654A-436). 
(c) EXCHANGE.—^With the consent of the Port Authority for 
Everett, Washington, the Secretary of Commerce may exchange 
with the Port Authority all or any portion of the property trans-
ferred under subsection (a) for a parcel of real property of equal 
area at the Mukilteo Tank Farm that is owned by the Port 
Authority. 
(d) ADMINISTRATION.—^The Secretary of Commerce shall admin-
ister the property transferred under subsection (a) or received under 
subsection (c) through the Administrator of the National Oceanic 
and Atmospheric Administration as part of the Administration. 
The Administrator shall use the property as the location of a 
research facility, and may construct a new facility on the property 
for such research purposes as the Administrator considers appro-
priate. 
115 STAT. 1328 
PUBLIC LAW 107-107—DEC. 28, 2001 
(e) EFFECT OF FAILURE TO UTILIZE TRANSFERRED PROPERTY.— 
(1) If, after the 12-year period beginning on the date of the enact-
ment of this Act, the Administrator is not using any portion of 
the property transferred under subsection (a) or received under 
subsection (c) for the purpose specified in subsection (d), the 
Administrator shall convey, without consideration, to the Port 
Authority for Everett, Washington, all right, title, and interest 
in and to such portion of the real property, including improvements 
thereon. 
(2) The Port Authority shall use any real property conveyed 
to the Port Authority under this subsection for development and 
operation of a port facility and for other public purposes. 
(f) LEGAL DESCRIPTION.—^The exact acreage and legal descrip-
tion of the real property to be transferred under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of 
the Air Force. The cost of the survey shall be borne by the Secretary 
of Commerce. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Air Force may require such additional terms and conditions in 
connection with the transfer under subsection (a) as the Secretary 
of the Air Force considers appropriate to protect the interests of 
the United States. 
(h) CONFORMING AMENDMENT.—Section 2866(a) of the Military 
Construction Authorization Act for Fiscal Year 2001 (division B 
of the Spence Act; 114 Stat. 1654A-436) is amended by striking 
"22 acres" and inserting "20.9 acres". 
Subtitle E—Other Matters 
SEC. 2861. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO. 
(a) AUTHORITY TO LEASE CERTAIN HOUSING UNITS FOR USE 
AS ARMY HOUSING.—^Title I of division I of the Omnibus Parks 
and Public Lands Management Act of 1996 (Public Law 104-333; 
16 U.S.C. 460bb note) is amended by adding at the end the following 
new section: 
/ 
"SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING 
UNITS WITHIN THE PRESIDIO. 
"(a) AVAILABILITY OF HOUSING UNITS FOR LONG-TERM ARMY 
LEASE.—Subject to subsection (c), the Trust shall make available 
for lease, to those persons designated by the Secretary of the Army 
and for such length of time as requested by the Secretary of the 
Army, 22 housing units located within the Presidio that are under 
the administrative jurisdiction of the Trust and specified in the 
agreement between the Trust and the Secretary of the Army in 
existence as of the date of the enactment of this section. 
"(b) LEASE AMOUNT.—^The monthly amount charged by the 
Trust for the lease of a housing unit under this section shall 
be equivalent to the monthly rate of the basic allowance for housing 
that the occupant of the housing unit is entitled to receive under 
section 403 of title 37, United States Code. 
"(c) 
CONDITION ON CONTINUED 
AVAILABILITY OF HOUSING 
UNITS.—Effective after the end of the four-year period beginning 
on the date of the enactment of this section, the Trust shall have 
no obligation to make housing units available under subsection 
(a) unless, during that four-year period, the Secretary of the 
»-s-.-.i-*,* >n^^»-i^---^'*-^^^ 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1329 
Treasury purchases new obligations of at least $80,000,000 issued 
by the Trust under section 104(d)(2). In the event that this condition 
is not satisfied, the existing agreement referred to in subsection 
(a) shall be renewed on the same terms and conditions for an 
additional five years.". 
(b) INCREASED BORROWING AUTHORITY AND TECHNICAL CORREC-
TIONS.—Paragraphs (2) and (3) of section 104(d) of title I of division 
I of the Omnibus Parks and Public Lands Management Act of 
1996, as amended by section 334 of appendix C of Public Law 
106-113 (113 Stat. 1501A-198) and amended and redesignated 
by section 101(13) of Public Law 106-176 (114 Stat. 25), are l6USC460bb 
amended— 
note. 
(1) in paragraph (2), by striking "including a review of 
the creditworthiness of the loan and establishment of a repay-
ment schedule," the second place it appears; and 
(2) in paragraph (3)— 
(A) 
by 
striking 
"$50,000,000" 
and 
inserting 
"$150,000,000"; and 
(B) by striking "paragraph (3) of. 
SEC. 2862. TRANSFER OF JURISDICTION FOR DEVELOPMEP4T OF AIR 
FORCE MORALE, WELFARE, AND RECREATION FACILITY, 
PARK CITY, UTAH. 
(a) TRANSFER AUTHORIZED.—(1) The Secretary of the Interior 
may transfer, without reimbursement, to the administrative juris-
diction of the Secretary of the Air Force a parcel of real property 
in Park City, Utah, including any improvements thereon, that con-
sists of approximately 35 acres, is located on the north side of 
State highway 248 in township 2 south, range 4 east. Salt Lake 
meridian, and is designated as parcel 3 by the Bureau of Land 
Management. The real property to be transferred under this para-
graph does not include any lands located on the south side of 
State highway 248. 
(2) The transfer shall be subject to existing rights, except that 
the Secretary of the Interior shall terminate any lease with respect 
to the parcel issued under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 689 
et seq.), and still in effect as of the date of the enactment of 
this Act. 
(b) USE OF TRANSFERRED LAND.—(1) The Secretary of the Air 
Force may use the real property transferred under subsection (a) 
as the location for an Air Force morale, welfare, and recreation 
facility to be developed using nonappropriated funds. 
(2) The Secretary of the Air Force may return the transferred 
property (or property acquired in exchange for the transferred prop-
erty under subsection (c)) to the administrative jurisdiction of the 
Secretary of the Interior at any time upon certifying that develop-
ment of the morale, welfare, and recreation facility would not be 
in the best interests of the Government. 
(c) SUBSEQUENT CONVEYANCE AUTHORITY.—(1) In lieu of devel-
oping the Air Force morale, welfare, and recreation facility on 
the real property transferred under subsection (a), the Secretary 
of the Air Force may convey or lease the property to the State 
of Utah, a local government, or a private entity in exchange for 
other property to be used as the site of the facility. 
(2) The values of the properties exchanged by the Secretary 
under this subsection either shall be equal, or if they are not 
115 STAT. 1330 
PUBLIC LAW 107-107—DEC. 28, 2001 
equal, the values shall be equalized by the pa3anent of money 
to the grantor or to the Secretary as the circumstances require. 
The conveyance or lease shall be on such other terms as the Sec-
retary of the Air Force considers to be advantageous to the develop-
ment of the facility. 
(d) ALTERNATIVE DEVELOPMENT AUTHORITY.—^The Secretary of 
the Air Force may lease the real property transferred under sub-
section (a), or any property acquired pursuant to subsection (c), 
to another party and may enter into a contract with the party 
for the design, construction, and operation of the Air Force morale, 
welfare, and recreation facility. The Secretary of the Air Force 
may authorize the contractor to operate the facility as both a 
military and a commercial operation if the Secretary determines 
that such an authorization is a necessary incentive for the con-
tractor to agree to design, construct, and operate the facility. 
(e) LEGAL DESCRIPTION.—The exact acreage and legal descrip-
tion of the real property to be transferred under subsection (a) 
shall be determined by a survey. The cost of the survey shall 
be borne by the Secretary of the Air Force. 
SEC. 2863. ALTERNATE SITE FOR UNITED STATES AIR FORCE MEMO-
RIAL, PRESERVATION OF OPEN SPACE ON ARLINGTON 
RIDGE TRACT, AND RELATED LAND TRANSFER AT 
ARLINGTON NATIONAL CEMETERY, VIRGINIA. 
40 use 1003 
(a) DEFINITIONS.—In this section: 
note. 
(1) The term "Arlington Naval Annex" means the parcel 
of Federal land located in Arlington County, Virginia, that 
is subject to transfer to the administrative jurisdiction of the 
Secretary of the Army under section 2881 of the Military 
Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106-65; 113 Stat. 879). 
(2) The term "Foundation" means the Air Force Memorial 
Foundation, which was authorized in Public Law 103-163 (107 
Stat. 1973; 40 U.S.C. 1003 note) to establish a memorial in 
the District of Columbia or its environs to honor the men 
and women who have served in the United States Air Force 
and its predecessors. 
(3) The term "Air Force Memorial" means the United States 
Air Force Memorial to be established by the Foundation. 
(4) The term "Arlington Ridge tract" means the parcel 
of Federal land in Arlington County, Virginia, known as the 
Nevius Tract and transferred to the Department of the Interior 
in 1953, that is bounded generally by— 
(A) Arlington Boulevard (United States Route 50) to 
the north; 
(B) Jefferson Davis Highway (Virginia Route 110) to 
the east; 
(C) Marshall Drive to the south; and 
(D) North Meade Street to the west. 
(5) The term "Section 29" means a parcel of Federal land 
in Arlington County, Virginia, that is currently administered 
by the Secretary of the Interior within the boundaries of 
Arlington National Cemetery and is identified as "Section 29". 
40 use 1003 
(b) USE OF ARLINGTON NAVAL ANNEX AS SITE FOR AIR FORCE 
note. 
MEMORIAL.— 
(1) AVAILABILITY OF SITE.—^The Secretary of Defense shall 
make available to the Foundation, without reimbursement, up 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1331 
to three acres of the ArHngton Naval Annex, which the Founda-
tion shall use as the location for the Air Force Memorial in 
lieu of any previously approved location for the Air Force Memo-
rial. The land made available shall include the promontory 
adjacent to, and the land underlying, Wing 8 of Federal Office 
Building #2 in the northeast quadrant of the Arlington Naval 
Annex. 
(2) EXCEPTION.—^The requirement to use the land made 
available under paragraph (1) as the location for the Air Force 
Memorial, and the prohibition on the use of any previously 
approved location, shall not apply if the Secretary of Defense 
determines that it is physically impracticable to construct the 
Air Force Memorial on such land on account of the geological 
nature of the land. 
(3) RELATION TO OTHER TRANSFER AUTHORITY.—^Not later 
than six months after the date of the enactment of this Act, 
the Secretary of Defense shall transfer to the Secretary of 
the Army administrative jurisdiction over the Arlington Naval 
Annex site made available under this subsection for construc-
tion of the Air Force Memorial. Nothing in this subsection 
alters the deadline for transfer of the remainder of the 
Arlington Naval Annex to the Secretary of the Army and 
remediation of the transferred land for use as part of Arlington 
National Cemetery, as required by section 2881 of the Military 
Construction Authorization Act for Fiscal Year 2000. 
(c) SITE PREPARATION.— 
40 use ioo3 
(1) PREPARATION FOR CONSTRUCTION.—Upon receipt of note, 
notification from the Foundation that the Foundation has suffi-
cient funds to commence construction of the Air Force Memo-
rial, the Secretary of Defense, in coordination with the Founda-
tion, shall remove Wing 8 of Federal Office Building #2 at 
the Arlington Naval Annex, as well as its associated outbuilding 
and parking lot, and prepare the land made available under 
subsection (b) for construction of the Air Force Memorial. In 
addition to demolition and removal, such site preparation work 
may include environmental remediation, installation of water, 
sewer, telephone, electrical, and storm water management 
infrastructure necessary for the memorial, installation of side-
walks consistent with the design of the memorial compliant 
with the requirements of the Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.), and the placement of 
screening berms and mature evergreen trees between Federal 
Office Building #2 and the memorial. 
(2) COMPLETION.—^Not later than two years after the date Deadline, 
on which the Foundation provides the notification referred to 
in paragraph (1), the Secretary of Defense shall complete the 
demolition and removal of the structures and such site prepara-
tion work as the Secretary agrees to undertake under this 
subsection. 
(3) FUNDING SOURCE.—^The Secretary of Defense shall use 
amounts appropriated for operation and maintenance to carry 
out the demolition and removal work and site preparation 
described in paragraph (1). 
(4) ASSISTANCE FOR DISPLACED AGENCY.—The Secretary of 
the Army shall serve as the Executive Agent for the Ballistic 
Missile Defense 
Organization in securing suitable 
sites, 
including, if necessary, sites not currently owned by the United 
115 STAT. 1332 
PUBLIC LAW 107-107—DEC. 28, 2001 
States, to replace offices lost as a result of the demolition 
of Wing 8 of Federal Office Building #2 at the Arlington Naval 
Annex. 
40 use 1003 
(d) CONSTRUCTION OF AIR FORCE MEMORIAL.— 
°ote. 
(1) COMMENCEMENT.—Upon the demolition and removal 
of the structures required to be removed under subsection (c)( 1), 
the Secretary of Defense shall permit the Foundation to com-
mence construction of the Air Force Memorial on the Arlington 
Naval Annex site made available under subsection (b). 
(2) OVERSIGHT.—^The Secretary of Defense shall have exclu-
sive authority in all matters relating to approval of the siting 
and design of the Air Force Memorial on the Arlington Naval 
Annex site, and the siting, design, and construction of the 
memorial on such site shall not be subject to the requirements 
of the Commemorative Works Act (40 U.S.C. 1001 et seq.). 
(3) EFFECT OF FAILURE TO COMMENCE CONSTRUCTION.— 
If, within five years after the date of the enactment of this 
Act, the Foundation has not commenced construction of the 
Air Force Memorial on the Arlington Naval Annex site made 
available under subsection (b), the Secretary of Defense may 
revoke the authority of the Foundation to use the site as 
the location of the memorial. 
40 use 1003 
(e) ACCESS AND MANAGEMENT OF AIR FORCE MEMORIAL.—The 
^ote. 
Secretary of the Army may enter into a cooperative agreement 
with the Foundation to provide for management, maintenance, and 
repair of the Air Force Memorial constructed on the Arlington 
Naval Annex site made available under subsection (b) and to guar-
antee public access to the memorial. 
(f) LIMITATION ON USE OF ARLINGTON NAVAL ANNEX AS SITE 
FOR OTHER MEMORIALS OR MUSEUMS.—Section 2881(b) of the Mili-
tary Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106-65; 113 Stat. 879) is amended by striking 
paragraph (2) and inserting the following new paragraph (2): 
"(2) The Secretary of Defense shall reserve not more than 
four acres of the Navy Annex property south of the existing 
Columbia Pike as a site for— 
"(A) a National Military Museum, if such site is rec-
ommended for such purpose by the Commission on the National 
Military Museum established under section 2901 and the Sec-
retary of Defense considers such site compatible with Arlington 
National Cemetery and the Air Force Memorial; or 
"(B) such other memorials or museums that the Secretary 
of Defense considers compatible with Arlington National Ceme-
tery and the Air Force Memorial.". 
(g) PRESERVATION OF ARLINGTON RIDGE TRACT.— 
(1) GENERAL RULE.—^After the date of the enactment of 
this Act, no additional structure or memorials shall be con-
structed on the Arlington Ridge tract. 
(2) OPTION FOR FUTURE BURIALS.—Paragraph (1) does not 
prohibit the eventual use of a portion of the Arlington Ridge 
tract as a location for in-ground burial sites and columbarium 
for the burial of individuals eligible for burial in Arlington 
National Cemetery, if the development of such sites is specifi-
cally authorized in a law enacted after the date of the enact-
ment of this Act. 
(h) LAND TRANSFER, SECTION 29.— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1333 
(1) TRANSFER REQUIRED.—Not later than 30 days after Deadline, 
the date of the enactment of this Act, the Secretary of the 
Interior shall transfer, without reimbursement, to the Secretary 
of the Army administrative jurisdiction over that portion of 
Section 29 designated as the interment zone and consisting 
of approximately 12 acres. The Secretary of the Interior shall 
modify the boundaries of the CJeorge Washington Memorial 
Parkway as may be necessary to reflect the land transfer 
required by this subsection. 
(2) USE OF TRANSFERRED LAND.—^The Secretary of the Army 
shall use the transferred property for the development of in-
ground burial sites and columbarium that are designed to meet 
the contours of Section 29. 
(3) MANAGEMENT OF REMAINDER.—^The Secretary of the 
Interior shall manage that portion of Section 29 not transferred 
under this subsection in perpetuity to provide a natural setting 
and visual buffer for Arlington House, the Robert E. Lee Memo-
rial. 
(4) REPEAL OF OBSOLETE LAW.—Section 2821(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 1997 (divi-
sion B of Public Law 104-201; 110 Stat. 2791) is repealed. 
SEC. 2864. ESTABLISHMENT OF MEMORIAL TO VICTIMS OF TER- 10 USC 2674 
RORIST ATTACK ON PENTAGON RESERVATION AND note. 
AUTHORITY TO ACCEPT MONETARY CONTRIBUTIONS FOR 
MEMORIAL AND REPAIR OF PENTAGON. 
(a) MEMORIAL AUTHORIZED.—^The Secretary of Defense may 
establish a memorial at the Pentagon Reservation dedicated to 
the victims of the terrorist attack on the Pentagon that occurred 
on September 11, 2001. The Secretary shall use necessary amounts 
in the Pentagon Reservation Maintenance Revolving Fund estab-
lished by section 2674(e) of title 10, United States Code, including 
amounts deposited in the Fund under subsection (c), to plan, design, 
construct, and maintain the memorial. 
(b) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary of Defense 
may accept monetary contributions made for the purpose of 
assisting in— 
(1) the establishment of the memorial to the victims of 
the terrorist attack; and 
(2) the repair of the damage caused to the Pentagon Res-
ervation by the terrorist attack. 
(c) DEPOSIT OF CONTRIBUTIONS.—The Secretary of Defense shall 
deposit contributions accepted under subsection (b) in the Pentagon 
Reservation Maintenance Revolving Fund. The contributions shall 
be available for expenditure only for the purposes specified in 
subsection (b). 
SEC. 2865. REPEAL OF LIMITATION ON COST OF RENOVATION OF PEN-
TAGON RESERVATION. 
Section 2864 of the Military Construction Authorization Act 
for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 
2806) is repealed. 
SEC. 2866. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND 
EDUCATION CENTER AT CARLISLE BARRACKS, PENNSYL-
VANIA. 
(a) AUTHORITY TO ENTER INTO AGREEMENT.—(1) The Secretary 
of the Army may enter into an agreement with the Military Heritage 
115 STAT. 1334 
PUBLIC LAW 107-107—DEC. 28, 2001 
Foundation, a nonprofit organization, for the design, construction, 
and operation of a facility for the United States Army Heritage 
and Education Center at Carhsle Barracks, Pennsylvania (in this 
section referred to as the "facilit)^'). 
(2) The facility is to be used for curation and storage of artifacts, 
research facilities, classrooms, and offices, and for education and 
other activities, agreed to by the Secretary, relating to the heritage 
of the Army. The facility may also be used to support such education 
and training as the Secretary considers appropriate. 
(b) DESIGN AND CONSTRUCTION.—^The design of the facility shall 
be subject to the approval of the Secretary. At the election of 
the Secretary, the Secretary may— 
(1) accept funds from the Military Heritage Foundation 
for the design and construction of the facility; or 
(2) permit the Military Heritage Foundation to contract 
for the design and construction of the facility. 
(c) ACCEPTANCE OF FACILITY.—(1) Upon satisfactory completion, 
as determined by the Secretary, of the facility, and upon the satis-
faction of any and all financial obligations incident thereto by 
the Military Heritage Foundation, the Secretary shall accept the 
facility from the Military Heritage Foundation, and all right, title, 
and interest in and to the facility shall vest in the United States. 
(2) Upon becoming property of the United States, the facility 
shall be under the jurisdiction of the Secretary. 
(d) USE OF CERTAIN GIFTS.—(1) Under regulations prescribed 
by the Secretary, the Commandant of the Army War College may, 
without regard to section 2601 of title 10, United States Code, 
accept, hold, administer, invest, and spend any gift, devise, or 
bequest of personnel property of a value of $250,000 or less made 
to the United States if such gift, devise, or bequest is for the 
benefit of the United States Army Heritage and Education Center. 
(2) The Secretary may pay or authorize the payment of any 
reasonable and necessary expense in connection with the convey-
ance or transfer of a gift, devise, or bequest under this subsection. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the agreement authorized to be entered into by subsection (a) as 
the Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 2867. EFFECT OF LIMITATION ON CONSTRUCTION OF ROADS OR 
HIGHWAYS, MARINE CORPS BASE, CAMP PENDLETON, 
CALIFORNIA. 
Section 2851(a) of the Military Construction Authorization Act 
for Fiscal Year 1999 (division B of PubHc Law 105-261; 112 Stat. 
2219) is amended in the first sentence by inserting after "maintain" 
the following: ", notwithstanding any provision of State law to 
the contrary,". 
SEC. 2868. ESTABLISHMENT OF WORLD WAR II MEMORIAL AT ADDI-
TIONAL LOCATION ON GUAM. 
Section 2886 of the Military Construction Authorization Act 
for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A-
16 use 431 note. 441) is amended— 
(1) in subsection (a), by inserting ", and on Federal lands 
near Yigo," after "Fena C!aves"; 
(2) in the heading of subsection (b), by striking "MEMORIAL" 
and inserting "MEMORIALS"; and 
«??•»%» 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1335 
(3) in subsections (b) and (c), by striking "memorial" each 
place it appears and inserting "memorials". 
SEC. 2869. DEMONSTRATION PROJECT FOR PURCHASE OF FIRE, 
SECURITY, POLICE, PUBUC WORKS, AND UTILITY SERV-
ICES FROM LOCAL GOVERNMENT AGENCIES. 
(a) EXTENSION.—Subsection (c) of section 816 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2820), as added by section 2873 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 2225), is amended by striking 
"September 30, 2001." and inserting "January 31, 2002, with regard 
to fire-fighting and police services, and September 30, 2003, with 
regard to other services described in subsection (a).". 
(b) CONFORMING AMENDMENT.—Section 1206 of the Supple-
mental Appropriations Act, 2001 (Public Law 107-20; 115 Stat. 
161), is repealed. 
SEC. 2870. REPORT ON FUTURE LAND NEEDS OF UNITED STATES MIU-
TARY ACADEMY, NEW YORK, AND ADJACENT COMMUNITY. 
(a) REPORT REQUIRED.—^Not later than February 1, 2002, the 
Secretary of the Army shall submit to Congress a report evaluating 
the future needs of the United States Military Academy for lands 
suitable for use for military training and the feasibility of making 
unneeded lands available to the Village of Highland Falls, New 
York, through fee simple conveyance, long-term lease under section 
2667 of title 10, United States Code, or other means. 
(b) CONSULTATION.—^The Secretary shall prepare the report 
in consultation with appropriate officials of the Village of Highland 
Falls. 
SEC. 2871. NAMING OF PATRICIA C. LAMAR ARMY NATIONAL GUARD 
READINESS CENTER, OXFORD, MISSISSIPPI. 
The Oxford Army National Guard Readiness Center, Oxford, 
Mississippi, shall be known and designated as the "Patricia C. 
Lamar Army National Guard Readiness Center". Any reference 
to that readiness center in any law, regulation, map, document, 
record, or other paper of the United States shall be considered 
to be a reference to the Patricia C. Lamar Army National Guard 
Readiness Center. 
Deadline. 
TITLE XXIX—FORT IRWIN MILITARY 
LAND WITHDRAWAL 
Sec. 2901. Short title. 
Sec. 2902. Withdrawal and reservation of lands for National Training Center. 
Sec. 2903. Map and legal description. 
Sec. 2904. Management of withdrawn and reserved lands. 
Sec. 2905. Water rights. 
Sec. 2906. Environmental compliance and environmental response requirements. 
Sec. 2907. West Mojave Coordinated Management Plan. 
Sec. 2908. Release of wilderness study areas. 
Sec. 2909. Training activity separation from utility corridors. 
Sec. 2910. Duration of withdrawal and reservation. 
Sec. 2911. Extension of initial withdrawal and reservation. 
Sec. 2912. Termination and relinquishment. 
Sec. 2913. Delegation of authority. 
Fort Irwin 
Miht£iry Land 
Withdrawal Act 
of2001. 
115 STAT. 1336 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 2901. SHORT TITLE. 
This title may be cited as the "Fort Irwin MiHtary Land With-
drawal Act of 2001". 
SEC. 2902. WITHDRAWAL 
AND RESERVATION 
OF 
LANDS FOR 
NATIONAL TRAINING CENTER. 
(a) WITHDRAWAL.—Subject to valid existing rights and except 
as otherwise provided in this title, all public lands and interests 
in lands described in subsection (c) are hereby withdrawn from 
all forms of appropriation under the general land laws, including 
the mining laws and mineral and geothermal leasing laws, and 
jurisdiction over such lands and interests in lands withdrawn and 
reserved by this title is hereby transferred to the Secretary of 
the Army. 
(b) RESERVATION.—^The lands withdrawn under subsection (a) 
are reserved for use by the Secretary of the Army for the following 
purposes: 
(1) The conduct of combined arms military training at 
the National Training Center. 
(2) The development and testing of military equipment 
at the National Training Center. 
(3) Other defense-related purposes consistent with the pur-
poses specified in paragraphs (1) and (2). 
(4) Conservation and related research purposes. 
(c) LAND DESCRIPTION.—^The public lands and interests in lands 
withdrawn and reserved by this section comprise approximately 
110,000 acres in San Bernardino County, California, as generally 
depicted as "Proposed Withdrawal Land" on the map entitled 
"National Training Center—Proposed Withdrawal of Public Lands 
for Training Purposes", dated September 21, 2000, and filed in 
accordance with section 2903. 
(d) CHANGES IN USE.—^The Secretary of the Army shall consult 
with the Secretary of the Interior before using the lands withdrawn 
and reserved by this section for any purpose other than those 
purposes identified in subsection (b). 
(e) INDIAN TRIBES.—Nothing in this title shall be construed 
as altering any rights reserved for tribal use by treaty or Federal 
law. The Secretary of the Army shall consult with federally recog-
nized Indian tribes in the vicinity of the lands withdrawn under 
subsection (a) before taking action affecting rights or cultural 
resources protected by treaty or Federal law. 
SEC. 2903. MAP AND LEGAL DESCRIPTION. 
(a) PREPARATION OF MAP AND LEGAL DESCRIPTION.—^As soon 
as practicable after the date of the enactment of this Act, the 
Secretary of the Interior shall— 
(1) publish in the Federal Register a notice containing 
the legal description of the lands withdrawn and reserved by 
this title; and 
(2) file a map and legal description of the lands withdrawn 
and reserved by this title with the Committee on Energy and 
Natural Resources of the Senate and the Committee on 
Resources of the House of Representatives. 
(b) LEGAL EFFECT.—The map and legal description shall have 
the same force and effect as if included in this title, except that 
the Secretary of the Interior may correct clerical and typographical 
errors in the map and legal description. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1337 
(c) AVAILABILITY.—Copies of the map and the legal description 
shall be available for public inspection in the following offices: 
(1) The offices of the California State Director, California 
Desert District Office, and Riverside and Barstow Field Offices 
of the Bureau of Land Management. 
(2) The Office of the Commander, National Training Center 
and Fort Irwin. 
(d) COSTS.—The Secretary of the Army shall reimburse the 
Secretary of the Interior for the costs incurred by the Secretary 
of the Interior in implementing this section. 
SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS. 
(a) GENERAL MANAGEMENT AUTHORITY.—During the period of 
the withdrawal and reservation made by this title, the Secretary 
of the Army shall manage the lands withdrawn and reserved by 
this title for the purposes specified in section 2902. 
(b) TEMPORARY PROHIBITION ON CERTAIN USE.—^Military use 
of the lands withdrawn and reserved by this title that result in 
ground disturbance, as determined by the Secretary of the Army 
and the Secretary of the Interior, are prohibited until the Secretary 
of the Army and the Secretary of the Interior certify to Congress 
that there has been full compliance with respect to such lands 
with the appropriate provisions of this title, the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable 
laws. 
(c) ACCESS RESTRICTIONS.— 
(1) IN GENERAL.—If the Secretary of the Army determines 
that military operations, public safety, or national security 
require the closure to the public of any road, trail, or other 
portion of the lands withdrawn and reserved by this title, 
the Secretary may take such action as the Secretary determines 
necessary or desirable to effect and maintain such closure. 
(2) LIMITATION.—^Any closure under paragraph (1) shall 
be limited to the minimum areas and periods that the Secretary 
of the Army determines are required for the purposes specified 
in such paragraph. 
(3) NOTICE.—Immediately preceding and during any closure 
under paragraph (1), the Secretary of the Army shall post 
appropriate warning notices and take other steps, as necessary, 
to notify the public of the closure. 
(d) INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.— 
The Secretary of the Army shall prepare and implement, in accord-
ance with title I of the Sikes Act (16 U.S.C. 670 et seq.), an 
integrated natural resources management plan for the lands with-
drawn and reserved by this title. In addition to the elements 
required under the Sikes Act, the integrated natural resources 
management plan shall include the following: 
(1) A requirement that any hunting, fishing, and trapping 
on the lands withdrawn and reserved by this title be conducted 
in accordance with section 2671 of title 10, United States Code. 
(2) A requirement that the Secretary of the Army take 
necessary actions to prevent, suppress, and manage brush and 
range fires occurring within the boundaries of Fort Irwin and 
brush and range fires occurring outside the boundaries of Fort 
Irwin that result from military activities at For+ Irwin. 
89-194 O - 03 -12 QL 3 Part 2 
115 STAT. 1338 
PUBLIC LAW 107-107—DEC. 28, 2001 
(e) FiREFiGHTiNG.—Notwithstanding section 2465 of title 10, 
United States Code, the Secretary of the Army may obligate funds 
appropriated or otherwise available to the Secretary of the Army 
to enter into a memorandum of understanding, cooperative agree-
ment, or contract for fire-fighting services to carry out the require-
ments of subsection (d)(2). The Secretary of the Army shall 
reimburse the Secretary of the Interior for costs incurred by the 
Secretary of the Interior to assist in carrying out the requirements 
of such subsection. 
(f) CONSULTATION WITH NATIONAL AERONAUTICS AND SPACE 
ADMINISTRATION.—In preparing and implementing any plan, report, 
assessment, survey, opinion, or impact statement regarding the 
lands withdrawn and reserved by this title, the Secretary of the 
Army shall consult with the Administrator of the National Aero-
nautics and Space Administration whenever proposed Army actions 
have the potential to affect the operations or the environmental 
management of the Goldstone Deep Space Communications Com-
plex. The requirement for consultation shall apply, at a minimum, 
to the following: 
(1) Plans for military training, military equipment testing, 
or related activities that have the potential of impacting 
communications between Goldstone Deep Space Communica-
tions Complex and space flight missions or other transmission 
or receipt of signals from outer space by the Goldstone Deep 
Space Communications Complex. 
(2) The integrated natural resources management plan 
required by subsection (d). 
(3) The West Mojave Coordinated Management 
Plan 
referred to in section 2907. 
(4) Any document prepared in compliance with the Endan-
gered Species Act of 1973, the National Environmental Policy 
Act of 1969, and other laws applicable to the lands withdrawn 
and reserved by this title. 
(g) USE OF MINERAL MATERIALS.—^Notwithstanding any other 
provision of this title or the Act of July 31, 1947 (commonly known 
as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary 
of the Army may use sand, gravel, or similar mineral material 
resources of the type subject to disposition under such Act from 
the lands withdrawn and reserved by this title if the use of such 
resources is required for construction needs of the National Training 
Center. 
SEC. 2905. WATER RIGHTS. 
(a) No RESERVED WATER RIGHT ESTABLISHED.—^Nothing in this 
title shall be construed— 
(1) to establish a reservation in favor of the United States 
with respect to any water or water right on the lands withdrawn 
and reserved by this title; or 
(2) to authorize the appropriation of water on such lands 
by the United States after the date of the enactment of this 
Act, except in accordance with applicable State law. 
(b) EFFECT ON PREVIOUSLY ACQUIRED OR RESERVED WATER 
RIGHTS.—This section shall not be construed to affect any water 
rights acquired or reserved by the United States before the date 
of the enactment of this Act, and the Secretary of the Army may 
exercise any such previously acquired or reserved water rights. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1339 
SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL 
RESPONSE REQUIREMENTS. 
(a) AGREEMENTS CONCERNING THE ENVIRONMENT AND PUBLIC 
HEALTH.—^The Secretary of the Army and the Secretary of the 
Interior shall enter into such agreements as are necessary, appro-
priate, and in the public interest to carry out the purposes of 
this title. 
(b) RELATION TO OTHER ENVIRONMENTAL LAWS.—Nothing in 
this title shall relieve, and no action taken under this title 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 (42 U.S.C. 9601 et seq.), the Resource Con-
servation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.) or 
any other Federal or State law. 
SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN. 
(a) COMPLETION.—^The Secretary of the Interior shall make 
every effort to complete the West Mojave Coordinated Management 
Plan not later than two years after the date of the enactment 
of this Act. 
(b) 
CONSIDERATION 
OF 
WITHDRAWAL 
AND 
RESERVATION 
IMPACTS.—^The Secretary of the Interior shall ensure that the West 
Mojave Coordinated Management Plan considers the impacts of 
the availability or nonavailability of the lands withdrawn and 
reserved by this title on the plan as a whole. 
(c) CONSULTATION.—^The Secretary of the Interior shall consult 
with the Secretary of the Army and the Administrator of the 
National Aeronautics and Space Administration in the development 
of the West Mojave Coordinated Management Plan. 
SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS. 
Congress hereby finds and directs that lands withdrawn and 
reserved by this title have been adequately studied for wilderness 
designation pursuant to section 603(c) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1782(c)), and are no longer 
subject to the requirement of such section pertaining to the manage-
ment of wilderness study areas in a manner that does not impair 
the suitability of such areas for preservation as wilderness. 
SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTIUTY COR-
RIDORS. 
(a) 
REQUIRED 
SEPARATION.—^All military 
ground 
activity 
training on the lands withdrawn and reserved by this title shall 
remain at least 500 meters from any utility system, in existence 
as of the date of the enactment of this Act, in Utility Planning 
Corridor D, as described in the California Desert Conservation 
Area Plan, dated 1980 and subsequently amended. 
(b) EXCEPTION.—Subsection (a) does not modify the use of any 
lands used, as of the date of the enactment of this Act, by the 
National Training Center for training or alter any right of access 
granted by interagency agreement. 
SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION. 
(a) TERMINATION DATE.—Unless extended pursuant to section 
2911, unless relinquishment is postponed by the Secretary of the 
Interior pursuant to section 2912(b), and except as provided in 
section 2912(d), the withdrawal and reservation made by this title 
115 STAT. 1340 
PUBLIC LAW 107-107—DEC. 28, 2001 
shall terminate 25 years after the date of the enactment of this 
Act. 
(b) LIMITATION ON SUBSEQUENT AVAILABILITY FOR APPROPRIA-
TION.—^At the time of termination of the withdrawal and reservation 
made by this title, the previously withdrawn lands shall not be 
open to any forms of appropriation under the general land laws, 
including the mining laws and the mineral and geothermal leasing 
laws, until the Secretary of the Interior publishes in the Federal 
Register an appropriate order specifying the date upon which such 
lands shall be restored to the public domain and opened. 
SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION. 
Deadline. 
(a) NOTIFICATION REQUIREMENT.—^Not later than three years 
before the termination date specified in section 2910(a), the Sec-
retary of the Army shall notify Congress and the Secretary of 
the Interior whether the Army will have a continuing military 
need, beyond the termination date, for all or any portion of the 
lands withdrawn and reserved by this title. 
(b) PROCESS FOR EXTENSION OF WITHDRAWAL AND RESERVA-
TION.— 
(1) CONSULTATION AND APPLICATION.—If the Secretary of 
the Army determines that there will be a continuing military 
need after the termination date for any of the lands withdrawn 
and reserved by this title, the Secretary of the Army shall— 
(A) consult with the Secretary of the Interior con-
cerning any adjustments to be made to the extent of, or 
to the allocation of management responsibility for, such 
needed lands; and 
(B) file with the Secretary of the Interior, within one 
year after the notice required by subsection (a), an applica-
tion for extension of the withdrawal and reservation of 
such needed lands. 
(2) 
APPLICATION REQUIREMENTS.—^Notwithstanding 
any 
general procedure of the Department of the Interior for proc-
essing Federal land withdrawals, an application for extension 
of the land withdrawal and reservation made by this title 
shall be considered to be complete if the application includes 
the information required by section 3 of Public Law 85-337 
(commonly known as the Engle Act; 43 U.S.C. 157), except 
that no information shall be required concerning the use or 
development of mineral, timber, or grazing resources unless, 
and only to the extent, the Secretary of the Army proposes 
to use or develop such resources during the period of extension. 
(c) SUBMISSION OF PROPOSED EXTENSION TO CONGRESS.—The 
Secretary of the Interior and the Secretary of the Army may submit 
to Congress a legislative proposal for the extension of the with-
drawal and reservation made by this title. The legislative proposal 
shall be accompanied by an appropriate analysis of environmental 
impacts associated with the proposal, as required by section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)). 
SEC. 2912. TERMINATION AND RELINQUISHMENT. 
(a) NOTICE OF TERMINATION.—During the first 22 years of 
the withdrawal and reservation made by this title, if the Secretary 
of the Army determines that there is no continuing military need 
for the lands withdrawn and reserved by this title, or any portion 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1341 
of such lands, the Secretary of the Army shall submit to the Sec-
retary of the Interior a notice of intent to relinquish jurisdiction 
over such lands. The notice shall specify the proposed date of 
relinquishment. 
(b) ACCEPTANCE OF JURISDICTION.—The Secretary of the 
Interior may accept jurisdiction over any lands covered by a notice 
under subsection (a) if the Secretairy of the Interior determines 
that the Secretary of the Army has taken or will take all environ-
mental response and restoration activities required imder applicable 
laws and regulations with respect to such lands. 
(c) NOTICE OF ACCEPTANCE.—If the Secretary of the Interior 
Federal Register, 
decides to accept jurisdiction over lands covered by a notice under publication. 
subsection (a) before the termination date of the withdrawal and 
reservation, the Secretary shall publish in the Federal Register 
an appropriate order that shall— 
(1) terminate the withdrawal and reservation of such lands 
under this title; 
(2) constitute official acceptance of administrative jurisdic-
tion over the lands by the Secretary of the Interior; and 
(3) state the date upon which such lands shall be opened 
to the operation of the general land laws, including the mining 
laws and the mineral £uid geothermal leasing laws, if appro-
priate. 
(d) RETAINED ARMY JURISDICTION.—Notwithstanding the termi-
nation date specified in section 2910, unless and until the Secretary 
of the Interior accepts jurisdiction of land proposed for relinquish-
ment pursuEint to this section, such land shedl remain withdrawn 
and reserved for the Secretary of the Army for the limited purposes 
of environmental response and restoration actions under section 
2906 and continued land management responsibilities pursuant 
to the integrated natural resources msuiagement plan required 
under section 2904, until such environmented response £uid restora-
tion activities on those lauids are completed. 
(e) SEVERABILITY OF FUNCTIONS.—All functions described imder 
this section, including transfers, relinquishments, extensions, and 
other determinations, may be made on a parcel-by-parcel basis. 
SEC. 2913. DELEGATION OF AUTHORITY. 
(a) SECRETARY OF THE ARMY.—The Secretary of the Army may 
delegate to officials in the Department of the Army such functions 
as the Secretary of the Army may determine appropriate to carry 
out this title. 
(b) SECRETARY OF THE INTERIOR.—The functions of the Sec-
retary of the Interior under this title may be delegated, except 
that the order described in section 2912(c) may be approved and 
signed only by the Secretary of the Interior, the Deputy Secretary 
of the Interior, or an Assistant Secret£uy of the Department of 
the Interior. 
115 STAT. 1342 
PUBLIC LAW 107-107—DEC. 28, 2001 
TITLE XXX—REALIGNMENT AND CLO-
SURE OF MILITARY INSTALLATIONS 
AND PREPARATION OF INFRASTRUC-
TURE PLAN FOR THE NUCLEAR WEAP-
ONS COMPLEX 
Sec. 3001. Authorization of round of realignments and closures of military installa-
tions in 2005. 
Sec. 3002. Selection criteria. 
Sec. 3003. Revised procedures for making recommendations for realignments and 
closures and commission consideration of recommendations. 
Sec. 3004. Limitations on privatization in place. 
Sec. 3005. Department of Defense Base Closiu"e Account 2005. 
Sec. 3006. Implementation of closure and realignment decisions. 
Sec. 3007. Technical and clarifying amendments. 
Sec. 3008. Preparation of infrastructure plan for the nuclear weapons complex. 
SEC. 3001. AUTHORIZATION OF ROUND OF REALIGNMENTS AND CLO-
SURES OF MILITARY INSTALLATIONS IN 2005. 
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 adding at the end the following new section: 
"SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILI-
TARY INSTALLATIONS. 
"(a) 
FORCE-STRUCTURE 
PLAN AND INFRASTRUCTURE 
INVEN-
TORY.— 
"(1) PREPARATION AND SUBMISSION.—As part of the budget 
justification documents submitted to Congress in support of 
the budget for the Department of Defense for fiscal year 2005, 
the Secretary shall include the following: 
"(A) A force-structure plan for the Armed Forces based 
on an assessment by the Secretary of the probable threats 
to the national security during the 20-year period beginning 
with fiscal year 2005, the probable end-strength levels and 
major military force units (including land force divisions, 
carrier and other major combatant vessels, air wings, and 
other comparable units) needed to meet these threats, and 
the anticipated levels of funding that will be available 
for national defense purposes during such period. 
"(B) A comprehensive inventory of military installa-
tions world-wide for each military department, with speci-
fications of the number and type of facilities in the active 
and reserve forces of each military department. 
"(2) RELATIONSHIP OF PLAN AND INVENTORY.—^Using the 
force-structure plan and infrastructure inventory prepared 
under paragraph (1), the Secretary shall prepare (and include 
as part of the submission of such plan and inventory) the 
following: 
"(A) A description of the infrastructure necessary to 
support the force structure described in the force-structure 
plan. 
"(B) A discussion of categories of excess infrastructure 
and infrastructure capacity. 
"(C) An economic analysis of the effect of the closure 
or realignment of military installations to reduce excess 
infrastructure. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1343 
"(3) SPECIAL CONSIDERATIONS.—In determining the level 
of necessary versus excess infrastructure under paragraph (2), 
the Secretary shall consider the following: 
"(A) The anticipated continuing need for and avail-
ability of military installations outside the United States, 
taking into account current restrictions on the use of mili-
tary installations outside the United States and the poten-
tial for future prohibitions or restrictions on the use of 
such military installations. 
"(B) Any efficiencies that may be gained from joint 
tenancy by more than one branch of the Armed Forces 
at a military installation. 
"(4) REVISION.—The Secretary may revise the force-struc-
ture plan and infrastructure inventory. If the Secretary makes 
such a revision, the Secretary shall submit the revised plan 
or inventory to Congress as part of the budget justification 
documents submitted to Congress for fiscal year 2006. 
"(b) CERTIFICATION OF NEED FOR FURTHER CLOSURES AND RE-
ALIGNMENTS.— 
"(1) CERTIFICATION REQUIRED.—On the basis of the force-
structure plan and infrastructure inventory prepared under 
subsection (a) and the descriptions and economic analysis pre-
pared under such subsection, the Secretary shall include as 
part of the submission of the plan and inventory— 
"(A) a certification regarding whether the need exists 
for the closure or realignment of additional military 
installations; and 
"(B) if such need exists, a certification that the addi-
tional round of closures and realignments would result 
in annual net savings for each of the military departments 
beginning not later than fiscal year 2011. 
"(2) EFFECT OF FAILURE TO CERTIFY.—If the Secretary does 
not include the certifications referred to in paragraph (1), the 
process by which military installations may be selected for 
closure or realignment under this part in 2005 shall be termi-
nated. 
"(c) COMPTROLLER GENERAL EVALUATION.— 
"(1) EVALUATION REQUIRED.—If the certification is provided 
under subsection (b), the Comptroller General shall prepare 
an evaluation of the following: 
"(A) The force-structure plan and infrastructure inven-
tory prepared under subsection (a) and the final selection 
criteria prepared under section 2913, including an evalua-
tion of the accuracy and analytical sufficiency of such plan, 
inventory, and criteria. 
"(B) The need for the closure or realignment of addi-
tional military installations. 
"(2) SUBMISSION.—The Comptroller General shall submit Deadliine. 
the evaluation to Congress not later than 60 days after the 
date on which the force-structure plan and infrastructure inven-
tory are submitted to Congress. 
"(d) AUTHORIZATION OF ADDITIONAL ROUND; COMMISSION.— 
"(1) APPOINTMENT OF COMMISSION.—Subject to the certifi- Deadline, 
cations required under subsection (b), the President may com-
mence an additional round for the selection of military installa-
tions for closure and realignment under this part in 2005 
by transmitting to the Senate, not later than March 15, 2005, 
115 STAT. 1344 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
Deadline. 
Federal Register, 
publication. 
nominations pursuant to section 2902(c) for the appointment 
of new members to the Defense Base Closure and ReaUgnment 
Commission. 
"(2) EFFECT OF FAILURE TO NOMINATE.—If the President 
does not transmit to the Senate the nominations for the 
Commission by March 15, 2005, the process by which mihtary 
installations may be selected for closure or realignment under 
this part in 2005 shall be terminated. 
"(3) MEMBERS.—Notwithstanding section 2902(c)(1), the 
Commission appointed under the authority of this subsection 
shall consist of nine members. 
"(4) 
TERMS; 
MEETINGS; 
TERMINATION.—Notwithstanding 
subsections (d), (e)(1), and (Z) of section 2902, the Commission 
appointed under the authority of this subsection shall meet 
during calendar year 2005 and shall terminate on April 15, 
2006. 
"(5) FUNDING.—If no funds are appropriated to the Commis-
sion by the end of the second session of the 108th Congress 
for the activities of the Commission in 2005, the Secretary 
may transfer to the Commission for purposes of its activities 
under this part in that yeau" such funds as the Commission 
may require to carry out such activities. The Secretary may 
transfer funds under the preceding sentence from any funds 
available to the Secretary. Funds so transferred shall remain 
available to the Commission for such purposes until expended.". 
SEC. 3002. SELECTION CRITERIA. 
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) 
is amended by inserting after section 2912, as added by section 
3001, the following new section: 
"SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND. 
"(a) PREPARATION OF PROPOSED SELECTION CRITERL\.— 
"(1) IN GENERAL.—Not later than December 31, 2003, the 
Secretary shall publish in the Federal Register and transmit 
to the congressional defense committees the criteria proposed 
to be used by the Secretary in making recommendations for 
the closure or reedignment of military installations inside the 
United States under this part in 2005. 
"(2) PUBLIC COMMENT.—The Secretary shall provide an 
opportunity for public comment on the proposed criteria for 
a period of at least 30 days and shall include notice of that 
opportunity in the publication required under this subsection. 
"(b) MILITARY VALUE AS PRIMARY CONSIDERATION.—The selec-
tion criteria prepared by the Secretary shall ensure that military 
value is the primary consideration in the making of recommenda-
tions for the closure or realignment of military installations under 
this part in 2005. Military value shall include at a minimum the 
following: 
"(1) Preservation of training areas suitable for maneuver 
by ground, naval, or air forces to guarantee future availability 
of such areas to ensure the readiness of the Armed Forces. 
"(2) Preservation of military installations in the United 
States as staging areas for the use of the Armed Forces in 
homeland defense missions. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1345 
"(3) Preservation of military installations throughout a 
diversity of climate and terreiin £ireas in the United States 
for training purposes. 
"(4) The impact on joint warfighting, trsdning, and readi-
ness. 
"(5) Contingency, mobilization, and future total force 
requirements at both existing and potential receiving locations 
to support operations £ind training. 
"(c) SPECIAL CONSIDERATIONS.—The selection criteria for mili-
tary installations shall also address at a minimum the following: 
"(1) The extent and timing of potential costs and savings, 
including the number of years, beginning with the date of 
completion of the closure or realignment, for the savings to 
exceed the costs. 
"(2) The economic impact on existing communities in the 
vicinity of military instEdlations. 
"(3) The ability of both existing and potential receiving 
communities' infrastructure to support forces, missions, and 
personnel, 
"(4) T^e impact of costs related to potential environmental 
restoration, waste management, and environmental compliance 
activities. 
"(d) EFFECT ON DEPARTMENT AND OTHER AGENCY COSTS.— 
Any selection criteria proposed by the Secretary relating to the 
cost savings or return on investment from the proposed closure 
or realignment of military installations shall take into account 
the effect of the proposed closure or realignment on the costs 
of any other activity of the Department of Defense or any other 
Federal agency that may be required to assume responsibility for 
activities at the military installations. 
"(e) FINAL SELECTION CRITERIA.—Not later than February 16, 
2004, the Secretary shall publish in the Federal Register and 
transmit to the congressional defense committees the final criteria 
to be used in making recommendations for the closure or realign-
ment of military installations inside the United States under this 
peirt in 2005. Such criteria shall be the final criteria to be used, 
along with the force-structure plan and infrastructure inventory 
referred to in section 2912, in making such recommendations unless 
disapproved by £ui Act of Congress enacted on or before March 
15, 2004. 
"(f) RELATION TO CRITERIA FOR EARLIER ROUNDS.—Section 
2903(b), and the selection criteria prepsired under such section, 
shall not apply with respect to the process of making recommenda-
tions for the closvu"e or realignment of military installations in 
2005.". 
SEC. 3003. REVISED PROCEDURES FOR MAKING RECOMMENDATIONS 
FOR REALIGNMENTS AND CLOSURES AND COMMISSION 
CONSIDERATION OF RECOMMENDATIONS. 
The Defense Base Closure and Realignment Act of 1990 (part 
A of title XXK of Public Law 101-510; 10 U.S.C. 2687 note) 
is amended by inserting after section 2913, as added by section 
3002, the following new section: 
Deadline. 
Federal Register, 
publication. 
115 STAT. 1346 
PUBLIC LAW 107-107—DEC. 28, 2001 
Federal Register, 
publication. 
Deadline. 
Deadline. 
"SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS 
FOR REALIGNMENTS AND CLOSURES FOR 2005 ROUND; 
COMMISSION CONSIDERATION OF RECOMMENDATIONS. 
"(a) RECOMMENDATIONS REGARDING CLOSURE OR REALIGNMENT 
OF MILITARY INSTALLATIONS.—If the Secretary mgikes the certifi-
cations required under section 2912(b), the Secretary shall publish 
in the Federal Register and transmit to the congressional defense 
committees and the Commission, not later than May 16, 2005, 
a list of the military installations inside the United States that 
the Secretary recommends for closure or realignment on the basis 
of the force-structure plan and infrastructure inventory prepared 
by the Secreteiry under section 2912 and the final selection criteria 
prepared by the Secretary under section 2913. 
"(b) PREPARATION OF RECOMMENDATIONS.— 
"(1) IN GENERAL.—The Secretary shedl comply with para-
graphs (2) through (6) of section 2903(c) in prepgiring and 
transmitting the recommendations under this section. However, 
paragraph (6) of section 2903(c) relating to submission of 
information to Congress shall be deemed to require such 
submission within 48 hours. 
"(2) CONSIDERATION OF LOCAL GOVERNMENT VIEWS.—(A) 
In making recommendations to the Commission in 2005, the 
Secretary shall consider any notice received from a local govern-
ment in the vicinity of a military installation that the govern-
ment would approve of the closure or realignment of the 
installation. 
"(B) Notwithstanding the requirement in subparagraph (A), 
the Secretary shall make the recommendations referred to in 
that subparagraph based on the force-structure plan, infrastruc-
ture inventory, and final selection criteria otherwise applicable 
to such recommendations. 
"(C) The recommendations shall include a statement of 
the result of the consideration of any notice described in 
subparagraph (A) that is received with respect to a military 
installation covered by such recommendations. The statement 
shall set forth the reasons for the result. 
"(c) 
RECOMMENDATIONS 
TO 
RETAIN 
BASES 
IN 
INACTIVE 
STATUS.—In making recommendations for the closure or resdign-
ment of military installations, the Secretary may recommend that 
an installation be placed in an inactive status if the Secretary 
determines that— 
"(1) the installation may be needed in the future for 
national security purposes; or 
"(2) retention of the installation is otherwise in the interest 
of the United States. 
"(d) COMMISSION REVIEW AND RECOMMENDATIONS.— 
"(1) IN GENERAL.—Except as provided in this subsection, 
section 2903(d) shall apply to the consideration by the Commis-
sion of the recommendations transmitted by the Secretary in 
2005. The Commission's report containing its findings and 
conclusions, based on a review gmd analysis of the Secretary's 
recommendations, shall be transmitted to the President not 
later than September 8, 2005. 
"(2) AVAILABILITY OF RECOMMENDATIONS TO CONGRESS.— 
After September 8, 2005, the Commission shall promptly pro-
vide, upon request, to any Member of Congress information 
used by the Commission in making its recommendations. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1347 
"(3) LIMITATIONS ON AUTHORITY TO ADD TO CLOSURE OR 
REALIGNMENT LISTS.—The Commission may not consider 
making a change in the recommendations of the Secretary 
that would add a miUtary installation to the Secretary's list 
of installations recommended for closure or realignment unless, 
in addition to the requirements of section 2903(d)(2)(C)— 
"(A) the Commission provides the Secretary with at 
least a 15-day period, before making the change, in which 
to submit an explanation of the reasons why the installa-
tion was not included on the closure or realignment list 
by the Secretary; and 
"(B) the decision to add the installation for Commission 
consideration is supported by at least seven members of 
the Commission. 
"(4) TESTIMONY BY SECRETARY.—The Commission shall 
invite the Secretary to testify at a public hearing, or a closed 
hearing if classified information is involved, on any proposed 
change by the Commission to the Secretary's recommendations. 
"(5) COMPTROLLER 
GENERAL REPORT.—The Comptroller 
General report required by section 2903(d)(5)(B) analyzing the 
recommendations of the Secretary and the selection process 
in 2005 shall be transmitted to the congressional defense 
committees not later than July 1, 2005. 
"(e) REVIEW BY THE PRESIDENT.— 
"(1) IN GENERAL.—^Except as provided in this subsection, 
section 2903(e) shall apply to the review by the President 
of the recommendations of the Commission under this section, 
and the actions, if any, of the Commission in response to 
such review, in 2005. The President shall review the rec-
ommendations of the Secretary and the recommendations con-
tained in the report of the Commission under subsection (d) 
and prepare a report, not later than September 23, 2005, con-
taining the President's approval or disapprovsJ of the Commis-
sion's recommendations. 
"(2) COMMISSION RECONSIDERATION.—If the Commission 
prepares a revised list of recommendations under section 
2903(e)(3) in 2005 in response to the review of the President 
in that year under paragraph (1), the Commission shall 
transmit the revised list to the President not later than October 
20, 2005. 
"(3) EFFECT OF FAILURE TO TRANSMIT.—If the President 
does not transmit to Congress an approval and certification 
described in paragraph (2) or (4) of section 2903(e) by November 
7, 2005, the process by which military installations may be 
selected for closure or realignment under this part in 2005 
shall be terminated. 
"(4) EFFECT OF TRANSMITTAL.—A report of the President 
under this subsection containing the President's approval of 
the Commission's recommendations is deemed to be a report 
under section 2903(e) for purposes of sections 2904 and 2908.". 
SEC. 3004. LIMITATIONS ON PRIVATIZATION IN PLACE. 
Section 2904(a) 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— 
(1) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
Reports. 
Deadline. 
Deadline. 
Deadline. 
Termination. 
115 STAT. 1348 
PUBLIC LAW 107-107—DEC. 28, 2001 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) carry out the privatization in place of a military 
installation recommended for closure or realignment by the 
Commission in the 2005 report only if privatization in place 
is a method of closure or realignment of the military installation 
specified in the recommendations of the Commission in such 
report and is determined by the Commission to be the most 
cost-effective method of implementation of the recommenda-
tion;". 
SEC. 3005. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005. 
(a) ESTABLISHMENT.—^The Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of PubHc Law 101-510; 
10 U.S.C. 2687 note) is amended by inserting after section 2906 
the following new section: 
"SEC. 2906A, DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005. 
"(a) IN GENERAL.—(1) If the Secretary makes the certifications 
required under section 2912(b), there shall be established on the 
books of the Treasury an account to be known as the 'Department 
of Defense Base Closure Account 2005' (in this section referred 
to as the Account'). The Account shall be administered by the 
Secretary as a single account. 
"(2) There shall be deposited into the Account— 
"(A) funds authorized for and appropriated to the Account; 
"(B) any funds that the Secretary may, subject to approval 
in an appropriation Act, transfer to the Account from funds 
appropriated to the Department of Defense for any purpose, 
except that such funds may be transferred only after the date 
on which the Secretary transmits written notice of, and jus-
tification for, such transfer to the congressional defense commit-
tees; and 
"(C) except as provided in subsection (d), proceeds received 
from the lease, transfer, or disposal of any property at a military 
installation that is closed or realigned under this part pursuant 
to a closure or realignment the date of approval of which 
is after January 1, 2005. 
"(3) The Account shall be closed at the time and in the manner 
provided for appropriation accounts under section 1555 of title 
31, United States Code. Unobligated funds which remain in the 
Account upon closure shall be held by the Secretary of the Treasury 
until transferred by law after the congressional defense committees 
receive the final report transmitted under subsection (c)(2). 
"(b) USE OF FUNDS.—(1) The Secretary may use the funds 
in the Account only for the purposes described in section 2905 
with respect to military installations the date of approval of closure 
or realignment of which is after January 1, 2005. 
"(2) When a decision is made to use funds in the Account 
to carry out a construction project under section 2905(a) and the 
cost of the project will exceed the maximum amount authorized 
by law for a minor military construction project, the Secretary 
shall notify in writing the congressional defense committees of 
the nature of, and justification for, the project and the amount 
of expenditures for such project. Any such construction project 
may be carried out without regard to section 2802(a) of title 10, 
United States Code. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1349 
"(c) REPORTS.—(1)(A) No later than 60 days after the end of Deadline, 
each fiscal year in which the Secretary carries out activities under 
this part using amounts in the Account, the Secretary shall transmit 
a report to the congressional defense committees of the amount 
and nature of the deposits into, and the expenditures from, the 
Account during such fiscal year and of the amount and nature 
of other expenditures made pursuant to section 2905(a) during 
such fiscal year. 
"(B) The report for a fiscal year shall include the following: 
"(i) The obligations and expenditures from the Account 
during the fiscal year, identified by subaccount, for each mili-
tary department and Defense Agency. 
"(ii) The fiscal year in which appropriations for such 
expenditures were made and the fiscal year in which funds 
were obligated for such expenditures. 
"(iii) Each military construction project for which such 
obligations and expenditures were made, identified by installa-
tion and project title. 
"(iv) A description and explanation of the extent, if any, 
to which expenditures for military construction projects for 
the fiscal year differed from proposals for projects and funding 
levels that were included in the justification transmitted to 
Congress under section 2907(1), or otherwise, for the funding 
proposals for the Account for such fiscal year, including an 
explanation of— 
"(I) any failure to carry out military construction 
projects that were so proposed; and 
"(II) any expenditures for military construction projects 
that were not so proposed. 
"(2) No later than 60 days after the termination of the authority Deadline, 
of the Secretary to carry out a closure or realignment under this 
part with respect to military installations the date of approval 
of closure or realignment of which is after January 1, 2005, and 
no later than 60 days after the closure of the Account under sub-
section (a)(3), the Secretary shall transmit to the congressional 
defense committees a report containing an accounting of— 
"(A) all the funds deposited into and expended from the 
Account or otherwise expended under this part with respect 
to such installations; and 
"(B) any amount remaining in the Account. 
"(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROP-
ERTY PURCHASED WITH NONAPPROPRIATED FUNDS.—<1) If any real 
property or facility acquired, constructed, or improved (in whole 
or in part) with commissary store funds or nonappropriated funds 
is transferred or disposed of in connection with the closure or 
realignment of a military installation under this part the date 
of approval of closure or realignment of which is after January 
I, 2005, a portion of the proceeds of the transfer or other disposal 
of property on that installation shall be deposited in the reserve 
account established under section 204(b)(7)(C) of the Defense 
Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note). 
"(2) The amount so deposited shall be equal to the depreciated 
value of the investment made with such funds in the acquisition, 
construction, or improvement of that particular real property or 
facility. The depreciated value of the investment shall be computed 
in accordance with regulations prescribed by the Secretary. 
115 STAT. 1350 
PUBLIC LAW 107-107—DEC. 28, 2001 
"(3) The Secretary may use amounts in the reserve account, 
without further appropriation, for the purpose of acquiring, con-
structing, and improving— 
"(A) commissary stores; and 
"(B) real property and facihties for nonappropriated fund 
instrumentalities. 
"(4) In this subsection, the terms 'commissary store funds', 
'nonappropriated funds', and 'nonappropriated fund instrumentality* 
shall have the meaning given those terms in section 2906(d)(4). 
"(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR ENVIRON-
MENTAL RESTORATION PROJECTS.—Except as provided in section 
2906(e) with respect to funds in the Department of Defense Base 
Closure Account 1990 under section 2906 and except for funds 
deposited into the Account under subsection (a), funds appropriated 
to the Department of Defense may not be used for purposes 
described in section 2905(a)(1)(C). The prohibition in this subsection 
shall expire upon the closure of the Account under subsection 
(a)(3).". 
10 use 2687 
(b) CONFORMING AMENDMENTS.—Section 2906 of that Act is 
note. 
amended— 
(1) in subsection (a)(2)(C), by inserting "the date of approval 
of closure or realignment of which is before January 1, 2005" 
after "under this part"; 
(2) in subsection (b)(1), by inserting "with respect to mili-
tary installations the date of approval of closure or realignment 
of which is before January 1, 2005," after "section 2905"; 
(3) in subsection (c)(2)— 
(A) in the matter preceding subparagraph (A), by 
inserting "with respect to military installations the date 
of approval of closure or realignment of which is before 
January 1, 2005," after "under this part"; and 
(B) in subparagraph (A), by inserting "with respect 
to such installations" after "under this part"; 
(4) in subsection (d)(1), by inserting "the date of approval 
of closure or realignment of which is before January 1, 2005" 
after "under this part"; and 
(5) in subsection (e), by striking "Except for" and inserting 
"Except as provided in section 2906A(e) with respect to funds 
in the Department of Defense Base Closure Account 2005 under 
section 2906A and except for". 
(c) CLERICAL AMENDMENT.—^The section heading of section 2906 
of that Act is amended by striking "ACCOUNT" and inserting 
"DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990". 
SEC. 3006. IMPLEMENTATION OF CLOSURE AND REALIGNMENT 
DECISIONS. 
(a) REQUIREMENT TO RECEIVE FAIR MARKET VALUE.—Section 
10 use 2687 
2905(b)(4)(B) of that Act is amended— 
note. 
(1) in the first sentence, by striking "shall be without 
consideration" in the matter preceding clause (i) and inserting 
"may be without consideration"; and 
(2) by inserting after "(B)" the following new sentence: 
"With respect to military installations for which the date of 
approval of closure or realignment is after January 1, 2005, 
the Secretary shall seek to obtain consideration in connection 
with any transfer under this paragraph of property located 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1351 
at the installation in an amount equal to the fair market 
value of the property, as determined by the Secretary.". 
(b) TRANSFERS IN CONNECTION WITH PAYMENT OF ENVIRON-
MENTAL REMEDIATION.—Section 2905(e) of that Act is amended— 
(1) in paragraph (1)(B), by adding at the end the following 
new sentence: "The real property and facilities referred to in 
subparagraph (A) are also the real property and facilities 
located at an installation approved for closure or realignment 
under this part after 2001 that are available for purposes 
other than to assist the homeless."; 
(2) in paragraph (2)(A), by striking "to be paid by the 
recipient of the property or facilities" and inserting "otherwise 
to be paid by the Secretary with respect to the property or 
facilities"; 
(3) by striking paragraph (6); 
(4) by redesignating paragraphs (3), (4), and (5) as para-
graphs (4), (5), and (6), respectively; and 
(5) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) In the case of property or facilities covered by a certification 
under paragraph (2)(A), the Secretary may pay the recipient of 
such property or facilities an amount equal to the lesser of— 
"(A) the amount by which the costs incurred by the 
recipient of such property or facilities for all environmental 
restoration, waste, management, and environmental compliance 
activities with respect to such property or facilities exceed 
the fair market value of such property or facilities as specified 
in such certification; or 
"(B) the amount by which the costs (as determined by 
the Secretary) that would otherwise have been incurred by 
the Secretary for such restoration, management, and activities 
with respect to such property or facilities exceed the fair market 
value of such property or facilities as so specified.". 
(c) SCOPE OF INDEMNIFICATION OF TRANSFEREES IN CONNECTION 
WITH PAYMENT OF ENVIRONMENTAL REMEDIATION.—Paragraph (6) 
of section 2905(e) of that Act, as redesignated by subsection (b)(4), 
is amended by inserting before the period the following: ", except 
in the case of releases or threatened releases not disclosed pursuant 
to paragraph (4)". 
SEC. 3007. TECHNICAL AND CLARIFYING AMENDMENTS. 
(a) RELATIONSHIP TO OTHER BASE CLOSURE AUTHORITY.—Sec-
tion 2909(a) of the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Pubhc Law 101-510; 10 U.S.C. 
2687 note) is amended by striking "the date of the enactment 
of this Act and ending on December 31, 1995," and inserting 
"November 5, 1990, and ending on April 15, 2006,". 
(b) COMMENCEMENT OF PERIOD FOR NOTICE OF INTEREST IN 
PROPERTY FOR HOMELESS.—Section 2905(b)(7)(D)(ii)(I) of that Act 
is amended by striking "that date" and inserting "the date of 
publication of such determination in a newspaper of general circula-
tion in the communities in the vicinity of the installation under 
subparagraph (B)(i)(IV)". 
(c) COMMITTEE NAME.—That Act is further amended by striking 
"National Security" and inserting "Armed Services" each place it 
appears in the following provisions: 
(A) Section 2902(e)(2)(B)(ii). 
10 USC 2687 
note. 
115 STAT. 1352 
PUBLIC LAW 107-107—DEC. 28, 2001 
10 use 2687 
(B) Section 2908(b). 
?n*uqr 2887 
^^^ OTHER CLARIFYING AMENDMENTS.—(1) That Act is further 
note 
amended by inserting "or reahgnment" after "closure" each place 
it appears in the following provisions: 
(A) Section 2905(b)(3). 
(B) Section 2905(b)(5). 
(C) Section 2905(b)(7)(B)(iv). 
(D) Section 2905(b)(7)(N). 
(E) Section 2910(10)(B). 
(2) That Act is further amended by inserting "or realigned" 
after "closed" each place it appears in the following provisions: 
(A) Section 2905(b)(3)(C)(ii). 
(B) Section 2905(b)(3)(D). 
(C) Section 2905(b)(3)(E). 
(D) Section 2905(b)(5)(A). 
(E) Section 2910(9). 
(F) Section 2910(10). 
(3) Section 2905(e)(1)(B) of that Act is amended by inserting 
", or realigned or to be realigned," after "closed or to be closed". 
50 use 2401 
SEC. 3008. PREPARATION OF INFRASTRUCTURE PLAN FOR THE 
note. 
NUCLEAR WEAPONS COMPLEX. 
(a) INFRASTRUCTURE PLAN FOR NUCLEAR WEAPONS COMPLEX.— 
Deadline. 
(1) PREPARATION AND SUBMISSION.—^Not later than the date 
on which the budget for the Department of Energy for fiscal 
year 2004 is submitted to Congress, the Secretary of Energy 
shall submit to Congress an infrastructure plan for the nuclear 
weapons complex adequate to support the nuclear weapons 
stockpile, the naval reactors program, and nonproliferation and 
national security activities. 
(2) SPECIAL CONSIDERATIONS.—In preparing the infrastruc-
ture plan, the Secretary shall take into consideration the fol-
lowing: 
(A) The Department of Defense Nuclear Posture 
Review required pursuant to section 1041 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-262). 
(B) Any efficiencies and security benefits of consolida-
tion of facilities of the nuclear weapons complex. 
(C) The necessity to have a residual production capa-
bility. 
(b) RECOMMENDATIONS REGARDING REALIGNMENTS AND CLO-
SURES.—On the basis of the infrastructure plan prepared under 
subsection (a), the Secretary shall make such recommendations 
regarding the need to close or realign facilities of the nuclear 
weapons complex as the Secretary considers appropriate, including 
the Secretary's recommendations on whether to establish a process 
by which a round of closures and realignments would be carried 
out and any additional legislative authority necessary to implement 
the recommendations. The Secretary shall submit the recommenda-
tions as part of the infrastructure plan under subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) The terms "Secretary" and "Secretary of Energy" mean 
the Secretary of Energy, acting after consideration of the rec-
ommendations of the Administrator for Nuclear Security. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1353 
(2) The term "nuclear weapons complex" means the 
national security laboratories and nuclear weapons production 
facilities (as such terms are defined in section 3281 of the 
National Nuclear Security Administration Act (50 U.S.C. 2471)) 
and the facilities of the Naval Nuclear Propulsion Program 
provided for under the Naval Nuclear Propulsion Executive 
Order (as such term is defined in section 3216 of such Act 
(50 U.S.C. 2406)). 
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 restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense environmental management privatization. 
Sec. 3105. Defense nuclear waste disposal. 
Subtitle B—Recurring General Provisions 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on minor construction projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for conceptual and construction design. 
Sec. 3126. Authority for emergency planning, design, ana construction activities. 
Sec. 3127. Funds available for all national seciuity programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Sec. 3129. Transfer of defense environmental management funds. 
Sec. 3130. Transfer of weapons activities funds. 
Subtitle C—Progpram Authorizations, Restrictions, and Limitations 
Sec. 3131. Consolidation of Nuclear Cities Initiative program with Initiatives for 
Proliferation Prevention program. 
Sec. 3132. Nuclear Cities Initiative. 
Sec. 3133. Limitation on availability of funds for weapons activities for facilities 
and infrastructure. 
Sec. 3134. Limitation on availability of funds for other defense activities for na-
tional security pro-ams administrative support. 
Sec. 3135. Termination date of Dffice of River Protection, Richland, Washington. 
Sec. 3136. Support for public education in the vicinity of Los Alamos National Lab-
oratory, New Mexico. 
Sec. 3137. Reports on achievement of milestones for National Ignition Facility. 
Subtitle D—^Matters Relating to Management of the National Nuclear 
Security Administration 
Sec. 3141. Establishment of Principal Deputy Administrator of National Nuclear 
Security Administration. 
Sec. 3142. Elimination of requirement that national security laboratories and nu-
clear weapons production facilities report to Deputy Administrator for 
Defense Programs. 
Sec. 3143. Repeal of duplicative provision relating to dual office holding by per-
sonnel of National Nuclear Security Administration. 
Sec. 3144. Report on adequacy of Federal pay and hiring authorities to meet per-
sonnel requirements of National Nuclear Security Administration. 
Subtitle E—Other Matters 
Sec. 3151. Improvements to Energy Employees Occupational Illness Compensation 
Program. 
115 STAT. 1354 
PUBLIC LAW 107-107—DEC. 28, 2001 
Sec. 3152. Department of Energy counterintelligence polygraph program. 
Sec. 3153. One-year extension of authority of Department of Energy to pay vol-
untary separation incentive payments. 
Sec. 3154. Annual assessment and report on vulnerability of Department of Energy 
facilities to terrorist attack. 
Sec. 3155. Disposition of surplus defense plutonium at Savannah River Site, Aiken, 
South Carolina. 
Sec. 3156. Modification of date of report of panel to assess the reliability, safety, 
and security of the United States nuclear stockpile. 
Subtitle F—Rocky Flats National Wildlife Refuge 
Sec. 3171. Short title. 
Sec. 3172. Findings and piuposes. 
Sec. 3173. Definitions. 
Sec. 3174. Future ownership and management. 
Sec. 3175. Transfer of management responsibilities and jurisdiction over Rocky 
Flats. 
Sec. 3176. Administration of retained property; continuation of cleanup and closure. 
Sec. 3177. Rocky Flats National Wildlife Refuge. 
Sec. 3178. Comprehensive planning process. 
Sec. 3179. Property rights. 
Sec. 3180. Liabilities and other obligations. 
Sec. 3181. Rocky Flats Museum. 
Sec. 3182. Annual report on funding. 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2002 for the activities of the National 
Nuclear Security Administration in carrying out programs nec-
essary for national security in the amount of $7,121,094,000, to 
be allocated as follows: 
(1) 
WEAPONS 
ACTIVITIES.—^For 
weapons 
activities, 
$5,343,567,000, to be allocated as follows: 
(A) For stewardship operation and 
maintenance, 
$4,601,871,000, to be allocated as follows: 
(i) For directed stockpile work, $1,002,274,000. 
(ii) For campaigns, $2,074,473,000, to be allocated 
as follows: 
(I) 
For 
operation 
and 
maintenance, 
$1,704,501,000. 
(II) For construction, $369,972,000, to be allo-
cated as follows: 
Project 01-D-lOl, distributed information 
systems laboratory, Sandia National Labora-
tories, Livermore, California, $5,400,000. 
Project 00-I)-103, terascale simulation 
facility, Lawrence Livermore National Labora-
tory, Livermore, California, $22,000,000. 
Project OO-D-105, strategic computing 
complex, Los Alamos National Laboratory, Los 
Alamos, New Mexico, $11,070,000. 
Project 
OO-D-107, joint 
computational 
engineering laboratory, Sandia National Lab-
oratories, 
Albuquerque, 
New 
Mexico, 
$5,377,000. 
Project 
98-D-125, 
tritium 
extraction 
facility. Savannah River Plant, Aiken, South 
Carolina, $81,125,000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1355 
Project 
96-D-lll, 
national 
ignition 
facility (NIF), Lawrence Livermore National 
Laboratory, 
Livermore, 
California, 
$245,000,000. 
(iii) For readiness in technical base and facilities, 
$1,525,124,000, to be allocated as follows: 
(I) 
For 
operation 
and 
maintenance, 
$1,348,260,000. 
(II) For plant projects (including maintenance, 
restoration, planning, construction, 
acquisition, 
modification of facilities, and the continuation of 
projects authorized in prior years, and land 
acquisition related thereto), $176,864,000, to be 
allocated as follows: 
Project 02-D-103, project engineering and 
design (PED), various locations, $22,830,000. 
Project 02-D-105, engineering technology 
complex 
upgrade, 
Lawrence 
Livermore 
National Laboratory, Livermore, California, 
$4,750,000. 
Project 02-D-107, electrical power sys-
tems 
safety 
communications 
and 
bus 
upgrades, 
Nevada 
Test 
Site, 
Nevada, 
$3,507,000. 
Project 
01-D-lOl, 
microsystems 
and 
engineering 
sciences applications 
(MESA), 
Sandia National Laboratories, Albuquerque, 
New Mexico, $39,000,000. 
Project 
Ol-D-103, preliminary 
project 
design and engineering, various locations, 
$16,379,000. 
Project 
Ol-D-107, 
Atlas 
relocation, 
Nevada Test Site, Nevada, $3,300,000. 
Project Ol-D-126, weapons 
evaluation 
test laboratory, Pantex Plant, Amarillo, Texas, 
$7,700,000. 
Project 
Ol-D-800, 
sensitive 
compart-
mented information facility, Lawrence Liver-
more National Laboratory, Livermore, Cali-
fornia, $12,993,000. 
Project 99-D-103, isotope sciences facili-
ties, Lawrence Livermore National Labora-
tory, Livermore, California, $4,400,000. 
Project 99-D-104, protection of real prop-
erty (roof reconstruction, phase II), Lawrence 
Livermore National Laboratory, Livermore, 
California, $2,800,000. 
Project 99-D-106, model validation and 
system certification center, Sandia National 
Laboratories, 
Albuquerque, 
New 
Mexico, 
$4,955,000. 
Project 99-D-108, renovate existing road-
ways, Nevada Test Site, Nevada, $2,000,000. 
Project 99-D-125, replace boilers and con-
trols, Kansas City Plant, Kansas City, Mis-
souri, $300,000. 
115 STAT. 1356 
PUBLIC LAW 107-107—DEC. 28, 2001 
Project 99-D-127, stockpile management 
restructuring initiative, Kansas City plant, 
Kansas City, Missouri, $22,200,000. 
Project 99-D-128, stockpile management 
restructuring initiative, Pantex Plant, Ama-
rillo, Texas, $3,300,000. 
Project 98-D-123, stockpile management 
restructuring initiative, tritium facility mod-
ernization and consolidation, Savannah River 
Plant, Aiken, South Carolina, $13,700,000. 
Project 98-D-124, stockpile management 
restructuring initiative, Y-12 consolidation. 
Oak Ridge, Tennessee, $6,850,000. 
Project 97-D-123, structural upgrades, 
Kansas City Plant, Kansas City, Missouri, 
$3,000,000. 
Project 96-D-102, stockpile stewardship 
facilities revitalization. Phase VI, various loca-
tions, $2,900,000. 
(B) For secure transportation asset, $121,800,000, to 
be allocated as follows: 
(i) For operation and maintenance, $77,571,000. 
(ii) For program direction, $44,229,000. 
(C) For safeguards and security, $448,881,000, to be 
allocated as follows: 
(i) For operations and maintenance, $439,281,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $9,600,000, to be allocated as follows: 
Project 
99-D-132, 
stockpile 
management 
restructuring initiative, nuclear material safe-
guards and security upgrades project, Los Alamos 
National Laboratory, Los Alamos, New Mexico, 
$9,600,000. 
(D) For facilities and infrastructure, $200,000,000. 
(E) The total amount authorized by this paragraph 
is the sum of the amounts authorized to be appropriated 
by subparagraphs (A) through (D), reduced by $28,985,000, 
to be derived from a security charge for reimbursable work. 
(2) 
DEFENSE NUCLEAR NONPROLIFERATION.—^For defense 
nuclear nonproliferation activities, $776,886,000, to be allocated 
as follows: 
(A) For nonproliferation and verification research and 
development, $244,306,000, to be allocated as follows: 
(i) For operation and maintenance, $208,500,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $35,806,000, to be allocated as follows: 
Project OO-D-192, nonproliferation and inter-
national security center (NISC), Los Alamos 
National Laboratory, Los Alamos, New Mexico, 
$35,806,000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1357 
(B) For arms control and Russian transition initiatives, 
$117,741,000. 
(C) For international materials protection, control, and 
accounting, $143,800,000. 
(D) 
For 
highly 
enriched 
uranium 
transparency 
implementation, $13,950,000. 
(E) For international nuclear safety, $10,000,000. 
(F) For fissile materials control and 
disposition, 
$289,089,000, to be allocated as follows: 
(i) For United States surplus fissile materials dis-
position, $228,089,000, to be allocated as follows: 
(I) 
For 
operation 
and 
maintenance, 
$130,089,000. 
(II) For plant projects (including maintenance, 
restoration, planning, construction, acquisition, 
modification of facilities, and the continuation of 
projects authorized in prior years, and land 
acquisition related thereto), $98,000,000, to be allo-
cated as follows: 
Project Ol-D-407, highly enriched ura-
nium blend-down. Savannah River Site, Aiken, 
South Carolina, $24,000,000. 
Project 99-D-141, pit disassembly and 
conversion 
facility, 
Savannah 
River 
Site, 
Aiken, South Carolina, $11,000,000. 
Project 99-D-143, mixed oxide fuel fab-
rication facility. Savannah River Site, Aiken, 
South Carolina, $63,000,000. 
(ii) For Russian surplus fissile materials disposi-
tion, $61,000,000. 
(G) The total amount authorized by this paragraph 
is the sum of the amounts authorized to be appropriated 
by subparagraphs (A) through (F), reduced by $42,000,000, 
to be derived from offsets and use of prior year balances. 
(3) NAVAL REACTORS.—For naval reactors, $688,045,000, 
to be allocated as follows: 
(A) For naval reactors development, $665,445,000, to 
be allocated as follows: 
(i) For operation and maintenance, $652,245,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $13,200,000, to be allocated as follows: 
Project 01-E)-200, major office replacement 
building, Schenectady, New York, $9,000,000. 
Project 90-N-102, expended core facility dry 
cell project. 
Naval 
Reactors 
Facility, 
Idaho, 
$4,200,000. 
(B) For program direction, $22,600,000. 
(4) OFFICE OF ADMINISTRATOR FOR NUCLEAR SECURITY.— 
For the Office of the Administrator for Nuclear Security, and 
for program direction for the National Nuclear Security 
Administration (other than for naval reactors and secure 
transportation asset), $312,596,000. 
115 STAT. 1358 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 
MANAGEMENT. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 2002 for environ-
mental restoration and waste management activities in carrying 
out programs necessary for national security in the amount of 
$6,022,415,000, to be allocated as follows: 
(1) CLOSURE PROJECTS.—For closure projects carried out 
in accordance with section 3143 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104^201; 
110 Stat. 2836; 42 U.S.C. 7277n), $1,080,538,000. 
(2) SITE/PROJECT COMPLETION.—For site completion and 
project completion in carrying out environmental management 
activities 
necessary 
for 
national 
security 
programs, 
$959,696,000, to be allocated as follows: 
(A) For operation and maintenance, $919,030,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, and land 
acquisition 
related 
thereto), 
$40,666,000, to be allocated as follows: 
Project Ol-D-402, Intec cathodic protection system 
expansion, Idaho National Engineering and Environ-
mental Laboratory, Idaho Falls, Idaho, $3,256,000. 
Project 02-D-420, plutonium stabilization and 
packaging. Savannah River Site, Aiken, South Caro-
lina, $20,000,000. 
Project Ol-D-414, preliminary prmect, engineering 
and design (PE&D), various locations, $2,754,000. 
Project 99-D-402, tank farm support services, 
F&H areas, Savannah River Site, Aiken, South Caro-
lina, $5,040,000. 
Project 99-D-404, health physics instrumentation 
laboratory, Idaho National Engineering and Environ-
mental Laboratory, Idaho Falls, Idaho, $2,700,000. 
Project 98-D--453, plutonium stabilization and 
handling system for plutonium finishing plant, Rich-
land, Washington, $1,910,000. 
Project 96-D--471, chlorofluorocarbon heating, ven-
tilation, and air conditioning and chiller retrofit. 
Savannah 
River 
Site, 
Aiken, 
South 
Carolina, 
$4,244,000. 
Project 86-D-103, decontamination and waste 
treatment facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $762,000. 
(3) PoST-2006 COMPLETION.—For post-2006 completion in 
carrying out environmental restoration and waste management 
activities 
necessary 
for 
national 
security 
programs, 
$3,265,201,000, to be allocated as follows: 
(A) For operation and maintenance, $1,955,979,000. 
(B) For uranium enrichment decontamination and 
decommissioning fund contribution, $420,000,000. 
(C) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, and land 
acquisition 
related 
thereto), 
$6,754,000, to be allocated as follows: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1359 
Project 93-D-187, high-level waste removal from 
filled waste tanks, Savannah River Site, Aiken, South 
CaroHna, $6,754,000. 
(D) For the Office of River Protection in carrying out 
environmental restoration and waste management activi-
ties necessary for national security programs, $882,468,000, 
to be allocated as follows: 
(i) For operation and maintenance, $322,151,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $560,317,000, to be allocated as follows: 
Project Ol-D-416, waste treatment and immo-
bilization 
plant, 
Richland, 
Washington, 
$520,000,000. 
Project 97-D-402, tank farm restoration and 
safe 
operations, 
Richland, 
Washington, 
$33,473,000. 
Project 94-D-407, initial tank retrieval sys-
tems, Richland, Washington, $6,844,000. 
(4) SCIENCE AND TECHNOLOGY DEVELOPMENT.—^For science 
and technology development in carrying out environmental res-
toration and waste management 
activities necessary for 
national security programs, $216,000,000. 
(5) EXCESS FACILITIES.—For excess facilities in carrying 
out environmental restoration and waste management activities 
necessary for national security programs, $1,300,000. 
(6) SAFEGUARDS AND SECURITY.—For safeguards and secu-
rity in carrying out environmental restoration and waste 
management activities necessary for national security pro-
grams, $205,621,000. 
(7) PROGRAM DIRECTION.—^For program direction in car-
rying out environmental restoration and waste management 
activities 
necessary 
for 
national 
security 
programs, 
$355,761,000. 
(b) ADJUSTMENT.—^The total amount authorized to be appro-
priated by subsection (a) is the sum of the amounts authorized 
to be appropriated by paragraphs (1) through (7) of that subsection, 
reduced by $61,702,000, of which $56,311,000 is to reflect an offset 
provided by use of prior year balances and $5,391,000 is to be 
derived from a security charge for reimbursable work. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 2002 for other 
defense activities in carrying out programs necessary for national 
security in the amount of $499,663,000, to be allocated as follows: 
(1) INTELLIGENCE.—For intelligence, $40,844,000. 
(2) 
COUNTERINTELLIGENCE.—For 
counterintelligence, 
$46,000,000. 
(3) SECURITY AND EMERGENCY OPERATIONS.—For security 
and emergency operations, $250,427,000, to be allocated as 
follows: 
(A) For nuclear safeguards and security, $116,500,000. 
(B) For security investigations, $44,927,000. 
115 STAT. 1360 
PUBLIC LAW 107-107—DEC. 28, 2001 
(C) For corporate management information programs, 
$10,000,000. 
(D) For program direction, $79,000,000. 
(4) INDEPENDENT OVERSIGHT AND PERFORMANCE ASSUR-
ANCE.—For independent oversight and performance assurance, 
$14,904,000. 
(5) OFFICE OF ENVIRONMENT, SAFETY, AND HEALTH.—For 
the Office of Environment, Safety, and Health, $113,307,000, 
to be allocated as follows: 
(A) For environment, safety, and health (defense), 
$91,307,000. 
(B) For program direction, $22,000,000. 
(6) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—For 
worker and community transition assistance, $20,000,000, to 
be allocated as follows: 
(A) For worker and community transition, $18,000,000. 
(B) For program direction, $2,000,000. 
(7) OFFICE OF HEARINGS AND APPEALS.—For the Office of 
Hearings and Appeals, $2,893,000. 
(8) NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUP-
PORT.—^For national security programs administrative support, 
$22,000,000. 
(b) ADJUSTMENT.—^The amount authorized to be appropriated 
pursuant to subsection (a) is the total of the amounts authorized 
to be appropriated by paragraphs (1) through (8) of that subsection, 
reduced by $10,712,000, of which $10,000,000 is to reflect an offset 
provided by use of prior year balances and $712,000 is to be derived 
from a security charge for reimbursable work. 
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZA-
TION. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2002 for privatization initiatives 
in carrying out environmental restoration and waste management 
activities necessary for national security programs in the amount 
of $153,537,000, to be allocated as follows: 
Project 02-PVT-l, Paducah disposal facility, Paducah, Ken-
tucky, $13,329,000. 
Project 02-PVT-2, Portsmouth disposal facility, Ports-
mouth, Ohio, $2,000,000. 
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
Falls, Idaho, $49,332,000. 
Project 
98-PVT-5, 
environmental 
management/waste 
management disposal. Oak Ridge, Tennessee, $26,065,000. 
Project 
97-PVT-2, advanced mixed waste 
treatment 
project, Idaho Falls, Idaho, $52,000,000. 
Project 97-PVT-3, transuranic waste treatment. Oak 
Ridge, Tennessee, $10,826,000. 
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2002 for payment 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 
$280,000,000. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1361 
Subtitle B—Recurring General Provisions 
SEC. 3121. REPROGRAMMING. 
(a) IN GENERAL.—Except as provided in sections 3129 and 
3130, until the Secretary of Energy submits to the congressional 
defense committees the report referred to in subsection (b) and 
a period of 30 days has elapsed after the date on which such 
committees receive the report, the Secretary may not use amounts 
appropriated pursuant to this title for any program— 
(1) in amounts that exceed, in a fiscal year, the amount 
authorized for that program by this title; or 
(2) which has not been presented to, or requested of, Con-
gress. 
(b) REPORT.—(1) 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. 
(2) In the computation of the 30-day period under subsection 
(a), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 days to a day certain. 
(c) LIMITATIONS.—(1) In no event may the total amount of 
funds obligated pursuant to this title exceed the total amount 
authorized to be appropriated by this title. 
(2) Funds appropriated pursuant to this title may not be used 
for an item for wluch Congress has specifically denied funds. 
SEC. 3122. LIMITS ON MINOR CONSTRUCTION PROJECTS. 
(a) AUTHORITY.—The Secretary of Energy may carry out any 
minor construction project using operation and maintenance funds, 
or facilities and infrastructure funds, authorized by this title. 
(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 
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 this title, the estimated cost 
of the project is revised and the revised cost of the project exceeds 
$5,000,000, the Secretary shall immediately submit to the congres-
sional 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 if the approved total estimated cost 
of the plant project does not exceed $5,000,000. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. 
(a) IN GENERAL.—(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above 
the total estimated cost, whenever the current estimated cost of 
the construction project, authorized by section 3101, 3102, or 3103, 
or which is in support of national security programs of the Depart-
ment of Energy and was authorized by any previous Act, exceeds 
by more than 25 percent the higher of— 
115 STAT. 1362 
PUBLIC LAW 107-107—DEC. 28, 2001 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the project 
as shown in the most recent budget justification data submitted 
to Congress. 
(2) An action described in paragraph (1) may be taken if— 
(A) 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 
(B) a period of 30 days has elapsed after the date on 
which the report is received by the committees. 
(3) In the computation of the 30-day period under paragraph 
(2), there is excluded any day on which either House of Congress 
is not in session because of an adjournment of more than 3 days 
to a day certain. 
(b) EXCEPTION.—Subsection (a) does not apply to a construction 
project with a current estimated cost of less than $5,000,000. 
SEC. 3124. 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 this title to other Federal 
agencies for the performance of work for which the funds were 
authorized. Funds so transferred may be merged with and be avail-
able 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) Subject 
to paragraph (2), the Secretary of Energy may transfer funds 
authorized to be appropriated to the Department of Energy pursu-
ant to this title between any such authorizations. Amounts of 
authorizations so transferred may be merged with and be available 
for the same purposes and for the same period as the authorization 
to which the amounts are transferred. 
(2) Not more than 5 percent of any such authorization may 
be transferred between authorizations 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 Committees on Armed Services of the Senate 
and House of Representatives of any transfer of funds to or from 
authorizations under this title. 
SEC. 3125. AUTHORITY 
FOR 
CONCEPTUAL 
AND 
CONSTRUCTION 
DESIGN. 
(a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1) Subject to para-
graph (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 Secretary of Energy shall complete a conceptual 
design for that project. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1363 
(2) If the estimated cost of completing a conceptual design 
for a construction project exceeds $3,000,000, the Secretary shall 
submit to Congress a request for funds for the conceptual design 
before submitting a request for funds for the construction project. 
(3) The requirement in paragraph (1) does not apply to a 
request for funds— 
(A) for a minor construction project the total estimated 
cost of which is less than $5,000,000; or 
(B) for emergency planning, design, and construction activi-
ties under section 3126. 
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the 
amounts authorized by this title, the Secretary of Energy 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) If the total estimated cost for construction design in connec-
tion with any construction project exceeds $600,000, funds for that 
design must be specifically authorized by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—^The Secretary of Energy may use any funds 
available to the Department of Energy pursuant to an authorization 
in this title, including funds authorized to be appropriated for 
advance planning, engineering, and construction design, and for 
plant projects, under sections 3101, 3102, 3103, and 3104 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 any 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 3125(b)(2) 
does not apply to emergency planning, design, and construction 
activities conducted under this section. 
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PRO-
GRAMS OF THE DEPARTMENT OF ENERGY. 
Subject to the provisions of appropriation Acts and section 
3121, amounts appropriated pursuant to this title 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. 
SEC. 3128. AVAILABILITY OF FUNDS. 
(a) IN GENERAL.—Except as provided in subsection (b), when 
so specified in an appropriations Act, amounts appropriated for 
operation and maintenance or for plant projects may remain avail-
able until expended. 
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—^Amounts 
appropriated for program direction pursuant to an authorization 
115 STAT. 1364 
PUBLIC LAW 107-107—DEC. 28, 2001 
of appropriations in subtitle A shall remain available to be expended 
only until the end of fiscal year 2003. 
SEC. 3129. 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) Not more than three transfers may be 
made to or from any program or project under subsection (a) in 
a fiscal year. 
(2) The amount transferred to or from a program or project 
in any one transfer under subsection (a) may not exceed $5,000,000. 
(3) A transfer may not be carried 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 environment; 
or 
(B) to assure the most efficient use of defense environ-
mental management funds at the field office. 
(4) 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 3121 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, any of the fol-
lowing: 
(A) A program referred to or a project listed in para-
graph (2) or (3) of section 3102(a). 
(B) A program or project not described in subparagraph 
(A) 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 before the date 
of the enactment of this Act. 
(2) The term "defense environmental management funds" 
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carrying out environmental restora-
tion and waste management activities necessary for national 
security programs. 
(f) DURATION OF AUTHORITY.—^The managers of the field offices 
of the Department may exercise the authority provided under sub-
section (a) during the period beginning on October 1, 2001, and 
ending on September 30, 2002. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1365 
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS. 
(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) Not more than one transfer may be made 
to or from any program or project under subsection (a) in a fiscal 
year. 
(2) The amount transferred to or from a program or project 
in any one transfer under subsection (a) may not exceed $5,000,000. 
(3) A transfer may not be carried 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) 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) 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 3121 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: 
(1) The term "program or project" means, with respect 
to a field ofHce of the Department of Energy, any of the fol-
lowing: 
(A) A program referred to or a project listed in section 
3101(1). 
(B) A program or project not described in subparagraph 
(A) 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 and appropriated before the date 
of the enactment of this Act. 
(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. 
(f) DURATION OF AUTHORITY.—^The managers of the field offices 
of the Department may exercise the authority provided under sub-
section (a) during the period beginning on October 1, 2001, and 
ending on September 30, 2002. 
115 STAT. 1366 
PUBLIC LAW 107-107—DEC. 28, 2001 
Subtitle C—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3131. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PRO-
GRAM WITH INITIATIVES FOR PROLIFERATION PREVEN-
TION PROGRAM. 
The Administrator for Nuclear Security shall consolidate the 
Nuclear Cities Initiative program with the Initiatives for Prolifera-
tion Prevention program under a single management line. 
SEC. 3132. NUCLEAR CITIES INITIATIVE. 
(a) LIMITATIONS ON USE OF FUNDS.—^No funds authorized to 
be appropriated for the Nuclear Cities Initiative after fiscal year 
2001 may be obligated or expended with respect to more than 
three nuclear cities, or more than two serial production facilities 
in Russia, until 30 days after the Administrator for Nuclear Security 
submits to the appropriate congressional committees an agreement 
signed by the Russian Federation on access under the Nuclear 
Cities Initiative to the ten closed nuclear cities and four serial 
production facilities of the Nuclear Cities Initiative. 
Deadline. 
(b) ANNUAL REPORT.—(1) Not later than the first Monday in 
February each year, the Administrator shall submit to the appro-
priate congressional committees a report on financial and pro-
grammatic activities with respect to the Nuclear Cities Initiative 
during the preceding fiscal year. 
(2) Each report shall include, for the fiscal year covered by 
such report, the following: 
(A) A list of each project that is or was completed, ongoing, 
or planned under the Nuclear Cities Initiative during such 
fiscal year. 
(B) For each project listed under subparagraph (A), 
information, current as of the end of such fiscal year, on the 
following: 
(i) The purpose of such project. 
(ii) The budget for such project. 
(iii) The life-cycle costs of such project. 
(iv) Participants in such project. 
(v) The commercial viability of such project. 
(vi) The number of jobs in Russia created or to be 
created by or through such project. 
(vii) Of the total amount of funds spent on such project, 
the percentage of such amount spent in the United States 
and the percentage of such amount spent overseas. 
(C) A certification by the Administrator that each project 
listed under subparagraph (A) did contribute, is contributing, 
or will contribute, as the case may be, to the downsizing of 
the nuclear weapons complex in Russia, together with a descrip-
tion of the evidence utilized to make such certification. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
"appropriate congressional committees" means the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives. 
(2) NUCLEAR CITIES INITIATIVE.—^The term "Nuclear Cities 
Initiative" means the initiative arising pursuant to the March 
1998 discussion between the Vice President of the United States 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1367 
and the Prime Minister of the Russian Federation and between 
the Secretary of Energy of the United States and the Minister 
of Atomic Energy of the Russian Federation. 
(3) NUCLEAR CITY.—The term "nuclear city" means any 
of the nuclear cities within the complex of the Russia Ministry 
of Atomic Energy (MINATOM) as follows: 
(A) Sarov (Arzamas-16 and Avangard). 
(B) Zarechnyy (Penza-19). 
(C) Novoural'sk (Sverdlovsk-44). 
(D) Lesnoy (Sverdlovsk-45). 
(E) Ozersk (Chelyabinsk-65). 
(F) Snezhinsk (Chelyabinsk-70). 
(G) Trechgornyy (Zlatoust-36). 
(H) Seversk (Tomsk-7). 
(I) Zhelenznogorsk (Krasnoyarsk-26). 
(J) Zelenogorsk (Krasnoyarsk-45). 
SEC. 3133. LIMITATION ON AVAILABILITY OF FUNDS FOR WEAPONS 
ACTIVITIES FOR FACILITIES AND INFRASTRUCTURE. 
Not more than 50 percent of the funds authorized to be appro-
priated by section 3101(a)(1)(D) for the National Nuclear Security 
Administration for weapons activities for facilities and infrastruc-
ture may be obligated or expended until the Administrator for 
Nuclear Security submits to the congressional defense committees 
a report setting forth the following: 
(1) Criteria for the selection of projects to be carried out 
using such funds. 
(2) Criteria for establishing priorities among projects so 
selected. 
(3) A list of the projects so selected, including the priority 
assigned to each such project. 
SEC. 3134. LIMITATION ON AVAILABILITY OF FUNDS FOR OTHER 
DEFENSE ACTIVITIES FOR NATIONAL SECURITY PRO-
GRAMS ADMINISTRATIVE SUPPORT. 
Not more than $5,000,000 of the funds authorized to be appro-
priated by section 3103(a)(8) for other defense activities for national 
security programs administrative support may be obligated or 
expended until the latest of the following: 
(1) The date on which the Secretary of Energy submits 
to Congress a report setting forth the purposes for which the 
Secretary plans to obligate and expend such funds. 
(2) The date on which the Administrator for Nuclear Secu-
rity submits to Congress the future-years nuclear security pro-
gram for fiscal year 2002 required by section 3253 of the 
National Nuclear Security Administration Act (title XXXII of 
Public Law 106-65; 50 U.S.C. 2453). 
(3) The date on which the Secretary of Energy submits 
to Congress the report on the feasibility of using an energy 
savings performance contract mechanism to offset, or possibly 
cover, the cost of a new office building for the Albuquerque 
operations office of the Department of Energy, as completed 
by the Secretary in accordance with the directive contained 
in Senate Report 106-50 (the report of the Committee on Armed 
Services of the Senate to accompany the bill S. 1059 of the 
One Hundred Sixth Congress, relating to the National Defense 
Authorization Act for Fiscal Year 2000; p. 470). 
115 STAT. 1368 
PUBLIC LAW 107-107—DEC. 28, 2001 
SEC. 3135. TERMINATION DATE OF OFFICE OF RIVER PROTECTION, 
RICHLAND, WASHINGTON. 
Subsection (f) of section 3139 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2250), as amended by section 3141 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-
462), is amended to read as follows: 
"(f) TERMINATION.—(1) The Office shall terminate on the later 
to occur of the following dates: 
"(A) September 30, 2010. 
"(B) The date on which the Assistant Secretary of Energy 
for Environmental Management determines, in consultation 
with the head of the Office, that continuation of the Office 
is no longer necessary to carry out the responsibilities of the 
Department of Energy under the Tri-Party Agreement. 
"(2) The Assistant Secretary shall notify, in writing, the commit-
tees referred to in subsection (d) of a determination under para-
graph (1). 
"(3) In this subsection, the term Tri-Party Agreement' means 
the Hanford Federal Facility Agreement and Consent Order entered 
into among the Department of Energy, the Environmental Protec-
tion Agency, and the State of Washington Department of Ecology.". 
SEC. 3136. SUPPORT FOR PUBUC EDUCATION IN THE VICINITY OF 
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO. 
(a) SUPPORT FOR FISCAL 2002.—From amounts appropriated 
or otherwise made available to the Secretary of Energy by this 
title— 
(1) $6,900,000 shall be available for payment by the Sec-
retary for fiscal year 2002 to the Los Alamos National Labora-
tory Foundation, a not-for-profit foundation chartered in accord-
ance with section 3167(a) of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2052); 
and 
(2) $8,000,000 shall be available for extension of the con-
tract between the Department of Energy and the Los Alamos 
Public Schools through fiscal year 2002. 
(b) SUPPORT FOR FISCAL 2003.—Subject to the availability of 
appropriations, the Secretary is authorized to— 
(1) make payment for fiscal year 2003 similar to the pay-
ment referred to in subsection (a)(1); and 
(2) provide for a contract extension through fiscal year 
2003 similar to the contract extension referred to in subsection 
(a)(2). 
(c) USE OF FUNDS.—The foundation referred to in subsection 
(a)(1) 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 payments made under 
this section to fund programs to support the educational needs 
of children in public schools in the vicinity of Los Alamos 
National Laboratory. 
Deadline. 
(d) REPORT.—^Not later than March 1, 2002, the Secretary shall 
submit to the congressional defense committees a report setting 
forth the following: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1369 
(1) An evaluation of the requirements for continued pay-
ments beyond fiscal year 2003 into the endowment fund of 
the foundation referred to in subsection (a) to enable the 
foundation to meet the goals of the Department to support 
the recruitment and retention of staff at the Los Alamos 
National Laboratory. 
(2) The Secretary's recommendations for any further sup-
port beyond fiscal year 2003 directly to the Los Alamos Public 
Schools. 
SEC. 3137. REPORTS 
ON ACHIEVEMENT 
OF 
MILESTONES 
FOR 
NATIONAL IGNITION FACILITY. 
(a) NOTIFICATION OF ACHIEVEMENT.—^The Administrator for 
Nuclear Security shall notify the congressional defense committees 
when the National Ignition Facility (NIF), Lawrence Livermore 
National Laboratory, Livermore, California, achieves each Level 
I milestone and Level II milestone for the National Ignition Facility. 
(b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT.—^Not later 
than 10 days after the date on which the National Ignition Facility 
fails to achieve a Level I milestone or Level II milestone for the 
National Ignition Facility in a timely manner, the Administrator 
shall submit to the congressional defense committees a report on 
such failure. Each such report shall include— 
(1) a statement of the failure of the National Ignition 
Facility to achieve the milestone concerned in a timely manner; 
(2) an explanation for the failure; and 
(3) either— 
(A) an estimate when that milestone will be achieved; 
or 
(B) if that milestone will not be achieved— 
(i) a statement that that milestone will not be 
achieved; 
(ii) an explanation why that milestone will not 
be achieved; and 
(iii) the implications for the overall scope, schedule, 
and budget of the National Ignition Facility project 
of not achieving that milestone. 
(c) MILESTONES.—For purposes of this section, the Level I mile-
stones and Level II milestones for the National Ignition Facility 
are as established in the August 2000 revised National Ignition 
Facility baseline document. 
(d) TERMINATION.—The requirements of this section shall termi-
nate on September 30, 2004. 
Subtitle D—Matters Relating to Manage-
ment of the National Nuclear Security 
Administration 
SEC. 3141. ESTABLISHMENT OF PRINCIPAL DEPUTY ADMINISTRATOR 
OF NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) ESTABLISHMENT.—Subtitle A of the National Nuclear Secu-
rity Administration Act (title XXXII of Public Law 106-65; 50 
U.S.C. 2401 et seq.) is amended— 
89-194 O - 03 -13 QL 3 Part 2 
115 STAT. 1370 
PUBLIC LAW 107-107—DEC. 28, 2001 
50 use 2403, 
(1) by redesignating section 3213 as section 3220 and 
2410. 
transferring such section, as so redesignated, to the end of 
that subtitle; and 
(2) by inserting after section 3212 the following new section 
3213: 
50 use 2403. 
"SEC. 3213. PRINCIPAL DEPUTY ADMINISTRATOR FOR NUCLEAR 
SECURITY. 
"(a) IN GENERAL.—(1) There is in the Administration a Principal 
Deputy Administrator, who is appointed by the President, by and 
with the advice and consent of the Senate. 
"(2) The Principal Deputy Administrator shall be appointed 
from among persons who have extensive background in organiza-
tional management and are well qualified to manage the nuclear 
weapons, nonproliferation, and materials disposition programs of 
the Administration in a manner that advances and protects the 
national security of the United States. 
"(b) DUTIES.—Subject to the authority, direction, and control 
of the Administrator, the Principal Deputy Administrator shall 
perform such duties and exercise such powers as the Administrator 
may prescribe, including the coordination of activities among the 
elements of the Administration. The Principal Deputy Adminis-
trator shall act for, and exercise the powers of, the Administrator 
when the Administrator is disabled or the position of Administrator 
is vacant.". 
(b) PAY LEVEL.—Section 5315 of title 5, United States Code, 
is amended— 
(1) by inserting before the item relating to Deputy Adminis-
trators of the National Nuclear Security Administration the 
following new item: 
"Principal Deputy Administrator, National Nuclear Secu-
rity Administration."; and 
(2) by inserting "Additional" before "Deputy Administrators 
of the National Nuclear Security Administration". 
(c) CLERICAL AMENDMENTS.—^The table of contents preceding 
section 3201 of such Act is amended— 
(1) by striking the item relating to section 3213 and 
inserting the following: 
"Sec. 3213. Principal Deputy Administrator for National Security."; 
and 
(2) by inserting after the item relating to section 3218 
the following new items: 
"Sec. 3219. Scope of authority of Secretary of Energy to modify organization of Ad-
ministration. 
"Sec. 3220. Status of Administration and contractor personnel within Department 
of Energy.". 
SEC. 3142. ELIMINATION OF REQUIREMENT THAT NATIONAL SECU-
RITY LABORATORIES AND NUCLEAR WEAPONS PRODUC-
TION FACIUTIES REPORT TO DEPUTY ADMINISTRATOR 
FOR DEFENSE PROGRAMS. 
Section 3214 of the National Nuclear Security Administration 
Act (title XXXII of Public Law 106-65; 113 Stat. 959; 50 U.S.C. 
2404) is amended by striking subsection (c). 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1371 
SEC. 3143. REPEAL OF DUPLICATIVE PROVISION RELATING TO DUAL 
OFFICE HOLDING BY PERSONNEL OF NATIONAL NUCLEAR 
SECURITY ADMINISTRATION. 
Section 3245 of the National Nuclear Security Administration 
Act (50 U.S.C. 2443), as added by section 315 of the Energy and 
Water Development Appropriations Act, 2001 (as enacted into law 
by Public Law 106-377; 114 Stat. 1441B-23), is repealed. 
SEC. 3144. REPORT ON ADEQUACY OF FEDERAL PAY AND HIRING 
AUTHORITIES TO MEET PERSONNEL REQUIREMENTS OF 
NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) REPORT REQUIRED.—^Not later than March 1, 2002, the Deadline. 
Administrator for Nuclear Security shall submit to the congressional 
committees specified in subsection (b) a report on the adequacy 
of Federal pay and hiring authorities to meet the personnel require-
ments of the National Nuclear Security Administration. The report 
shall include the following: 
(1) A description of the Federal pay and hiring authorities 
available to the Administrator. 
(2) A description of the Federal pay and hiring authorities 
that are not available to the Administrator, and an explanation 
why such authorities are not available. 
(3) If any Federal pay and hiring authorities referred to 
in paragraph (1) are not being used, an explanation why such 
authorities are not being used. 
(4) An assessment of whether or not existing Federal pay 
and hiring authorities are adequate or inadequate to meet 
the personnel requirements of the Administration. 
(5) Any recommendations that the Administrator considers 
appropriate for modifications or enhancements of existing Fed-
eral pay and hiring authorities in order to meet the personnel 
requirements of the Administration. 
(6) Any recommendations that the Administrator considers 
appropriate for new Federal pay and hiring authorities in order 
to meet the personnel requirements of the Administration. 
(7) A plan for structuring the pay and hiring authorities 
with respect to the Federal workforce of the Administration 
so to ensure that such workforce meets applicable requirements 
of the most current five-year program plan for the Administra-
tion. 
(b) SPECIFIED 
COMMITTEES.—The congressional committees 
referred to in subsection (a) are the following: 
(1) The Committee on Armed Services and the Committee 
on Governmental Affairs of the Senate. 
(2) The Committee on Armed Services and the Committee 
on Government Reform of the House of Representatives. 
Subtitle E—Other Matters 
SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION PROGRAM. 
(a) 
AMENDMENTS 
TO ENERGY 
EMPLOYEES 
PROGRAM.—The 
Energy Employees Occupational Illness Compensation Program Act 
of 2000 (title XXXVI of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
115 STAT. 1372 
PUBLIC LAW 107-107—DEC. 28, 2001 
Public Law 106-398; 114 Stat. 1654A-394); 42 U.S.C. 7384 et 
seq.) is amended as follows: 
(1) CERTAIN 
LEUKEMIA AS SPECIFIED CANCER.—Section 
3621(17) (114 Stat. 1654A-502; 42 U.S.C. 73841(17)), as 
amended by section 2403 of the Supplemental Appropriations 
Act, 2001 (Public Law 107-20; 115 Stat. 175), is further 
amended by adding at the end the following new subparagraph: 
"(D) Leukemia (other than chronic lymphocj^ic leu-
kemia), if initial occupational exposure occurred before 21 
years of age and onset occurred more than two years after 
initial occupational exposure.". 
(2) ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.— 
Section 3626(b) (114 Stat. 1654A-505; 42 U.S.C. 7384q(b)) is 
amended in the matter preceding paragraph (1) by inserting 
after "Department of Energy facility" the following: ", or at 
an atomic weapons employer facility,". 
(3) 
ESTABLISHMENT 
OF 
CHRONIC 
SILICOSIS.—Section 
3627(e)(2)(A) (114 Stat. 1654A-506; 42 U.S.C. 7384r(e)(2)(A)) 
is amended by striking "category 1/1" and inserting "category 
yo". 
(4) SURVIVORS.— 
(A) Section 3628(e) (114 Stat. 1654A-506; 42 U.S.C. 
7384s(e)) is amended to read as follows: 
"(e) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(1) In 
the case of a covered employee who is deceased at the time of 
payment of compensation under this section, whether or not the 
death is the result of the covered employee's occupational illness, 
such payment may be made only as follows: 
"(A) If the covered employee is survived by a spouse who 
is living at the time of payment, such pajonent shall be made 
to such surviving spouse. 
"(B) If there is no surviving spouse described in subpara-
graph (A), such pa3mient shall be made in equal shares to 
all children of the covered employee who are living at the 
time of payment. 
"(C) If there is no surviving spouse described in subpara-
graph (A) and if there are no children described in subpara-
graph (B), such payment shall be made in equal shares to 
the parents of the covered employee who are living at the 
time of payment. 
"(D) If there is no surviving spouse described in subpara-
graph (A), and if there are no children described in subpara-
graph (B) or parents described in subparagraph (C), such pay-
ment shall be made in equal shares to all grandchildren of 
the covered employee who are living at the time of payment. 
"(E) If there is no surviving spouse described in subpara-
graph (A), and if there are no children described in subpara-
graph (B), parents described in subparagraph (C), or grand-
children described in subparagraph (D), then such pajnnent 
shall be made in equal shares to the grandparents of the 
covered employee who are living at the time of payment. 
"(F) Notwithstanding the other provisions of this para-
graph, if there is— 
"(i) a surviving spouse described in subparagraph (A); 
and 
"(ii) at least one child of the covered employee who 
is living and a minor at the time of payment and who 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1373 
is not a recognized natural child or adopted child of such 
surviving spouse, 
then half of such payment shall be made to such surviving 
spouse, and the other half of such payment shall be made 
in equal shares to each child of the covered employee who 
is living and a minor at the time of payment. 
"(2) If a covered employee eligible for payment dies before 
filing a claim under this title, a survivor of that employee who 
may receive payment under paragraph (1) may file a claim for 
such pa5anent. 
"(3) For purposes of this subsection— 
"(A) the 'spouse' of an individual is a wife or husband 
of that individual who was married to that individual for at 
least one year immediately before the death of that individual; 
"(B) a 'child' includes a recognized natural child, a stepchild 
who lived with an individual in a regular parent-child relation-
ship, and an adopted child; 
"(C) a 'parent' includes fathers and mothers through adop-
tion; 
"(D) a 'grandchild' of an individual is a child of a child 
of that individual; and 
"(E) a 'grandparent' of an individual is a parent of a parent 
of that individual.". 
(B) Section 3630(e) (114 Stat. 1654A-507; 42 U.S.C. 
7384u(e)) is amended to read as follows: 
"(e) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(1) In 
the case of a covered employee who is deceased at the time of 
payment of compensation under this section, whether or not the 
death is the result of the covered employee's occupational illness, 
such payment may be made only as follows: 
"(A) If the covered employee is survived by a spouse who 
is living at the time of pa3mtient, such payment shall be made 
to such surviving spouse. 
"(B) If there is no surviving spouse described in subpara-
graph (A), such payment shall be made in equal shares to 
all children of the covered employee who are living at the 
time of payment. 
"(C) If there is no surviving spouse described in subpara-
graph (A) and if there are no children described in subpara-
graph (B), such payment shall be made in equal shares to 
the parents of the covered employee who are living at the 
time of pa3nnent. 
"(D) If there is no surviving spouse described in subpara-
graph (A), and if there are no children described in subpara-
graph (B) or parents described in subparagraph (C), such pay-
ment shall be made in equal shares to all grandchildren of 
the covered employee who are living at the time of payment. 
"(E) If there is no surviving spouse described in subpara-
graph (A), and if there are no children described in subpara-
graph (B), parents described in subparagraph (C), or grand-
children described in subparagraph (D), then such pa)mient 
shall be made in equal shares to the grandparents of the 
covered employee who are living at the time of payment. 
"(F) Notwithstanding the other provisions of this para-
graph, if there is— 
"(i) a surviving spouse described in subparagraph (A); 
and 
115 STAT. 1374 
PUBLIC LAW 107-107—DEC. 28, 2001 
Effective date. 
42 use 7384^ 
note. 
"(ii) at least one child of the covered employee who 
is living and a minor at the time of payment and who 
is not a recognized natural child or adopted child of such 
surviving spouse, 
then half of such payment shall be made to such surviving 
spouse, and the other half of such payment shall be made 
in equal shares to each child of the covered employee who 
is living and a minor at the time of payment. 
"(2) If a covered employee eligible for pajonent dies before 
filing a claim under this title, a survivor of that employee who 
may receive payment under paragraph (1) may file a claim for 
such payment. 
"(3) For purposes of this subsection— 
"(A) the 'spouse' of an individual is a wife or husband 
of that individual who was married to that individual for at 
least one year immediately before the death of that individual; 
"(B) a 'child' includes a recognized natural child, a stepchild 
who lived with an individual in a regular peirent-child relation-
ship, and an adopted child; 
"(C) a 'parent' includes fathers and mothers through adop-
tion; 
"(D) a 'grandchild' of an individual is a child of a child 
of that individual; and 
"(E) a 'grandparent' of an individual is a parent of a parent 
of that individuEd.". 
(C) Paragraph (18) of section 3621 (114 Stat. 1654A-
502; 42 U.S.C. 73841) is repealed. 
(D) The amendments made by this paragraph shall 
take effect on July 1, 2001. 
(5) ELECTION OF REMEDIES.—Section 3645 (114 Stat. 
1654A-510; 42 U.S.C. 7385d) is amended by amending sub-
sections (a) through (d) to read as follows: 
"(a) 
EFFECT OF TORT CASES FILED BEFORE ENACTMENT OF 
ORIGINAL LAW.—(1) Except as provided in pgiragraph (2), if an 
otherwise eligible individual filed a tort case specified in subsection 
(d) before October 30, 2000, such individual shall be eligible for 
compensation and benefits under subtitle B. 
"(2) If such tort case remedned pending as of the date of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 2002, and such individual does not dismiss such tort case 
before December 31, 2003, such individual shall not be eligible 
for such compiBnsation or benefits. 
"(b) EFFECT OF TORT CASES FILED BETWEEN ENACTMENT OF 
ORIGINAL LAW AND ENACTMENT OF 2001 AMENDMENTS.—(1) Except 
as provided in paragraph (2), if an otherwise eligible individual 
filed a tort case specified in subsection (d) during the period begin-
ning on October 30, 2000, and ending on the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2002, 
such individual shall not be eligible for such compensation or bene-
fits. 
"(2) If such individual dismisses such tort case on or before 
the last permissible date specified in paragraph (3), such individual 
shall be eligible for such compensation or benefits. 
"(3) The last permissible date referred to in paragraph (2) 
is the later of the following dates: 
"(A) April 30, 2003. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1375 
"(B) The date that is 30 months after the date the indi-
vidual first becomes aware that an illness covered by subtitle 
B of a covered employee may be connected to the exposure 
of the covered employee in the performance of duty under 
section 3623. 
"(c) EFFECT OF TORT CASES FILED AFTER ENACTMENT OF 2001 
AMENDMENTS.—(1) If an otherwise eligible individual files a tort 
case specified in subsection (d) after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2002, 
such individual shall not be eligible for such compensation or bene-
fits if a final court decision is entered against such individual 
in such tort case. 
"(2) If such a final court decision is not entered, such individual 
shall nonetheless not be eligible for such compensation or benefits, 
except as follows: If such individual dismisses such tort case on 
or before the last permissible date specified in paragraph (3), such 
individual shall be eligible for such compensation and iDenefits. 
"(3) The last permissible date referred to in paragraph (2) 
is the later of the following dates: 
"(A) April 30, 2003. 
"(B) The date that is 30 months after the date the indi-
vidual first becomes aware that an illness covered by subtitle 
B of a covered employee may be connected to the exposure 
of the covered employee in the performance of duty under 
section 3623. 
"(d) COVERED TORT CASES.—^A tort case specified in this sub-
section is a tort case alleging a claim referred to in section 3643 
against a beryllium vendor or atomic weapons employer.". 
(6) ATTORNEY FEES.—Section 3648 (114 Stat. 1654A-511; 
42 U.S.C. 7385g) is amended— 
(A) in subsection (a), by inserting after "the claim 
of an individual" the following: "for payment of lump-sum 
compensation"; 
(B) in subsection (b)(1), by inserting after "initial claim" 
the following: "for payment of lump-sum compensation"; 
(C) in subsection (b)(2), by striking "with respect to 
any claim" and all that follows through the period at the 
end and inserting "with respect to objections to a rec-
ommended decision denjdng payment of lump-sum com-
pensation."; 
(D) by redesignating subsection (c) as subsection (d); 
and 
(E) by inserting after subsection (b) the following new 
subsection (c): 
"(c) INAPPLICABILITY TO OTHER SERVICES.—^This section shall 
not apply with respect to services rendered that are not in connec-
tion with such a claim for payment of lump-sum compensation.". 
(b) STUDY OF RESIDUAL CONTAMINATION OF FACILITIES.—(1) 
42 use 7384 
The National Institute for Occupational Safety and Health shall, note, 
with the cooperation of the Department of Energy and the Depart-
ment of Labor, carry out a study on the following matters: 
(A) Whether or not significant contamination remained in 
any atomic weapons employer facility or facility of a beryllium 
vendor after such facility discontinued activities relating to 
the production of nuclear weapons. 
(B) If so, whether or not such contamination could have 
caused or substantially contributed to the cancer of a covered 
115 STAT. 1376 
PUBLIC LAW 107-107—DEC. 28, 2001 
employee with cancer or a covered beryllium illness, as the 
case may be. 
(2)(A) The National Institute for Occupational Safety and 
Health shall submit to the applicable congressional committees 
the following reports: 
Deadline. 
(i) Not later than 180 days after the date of the enactment 
of this Act, a report on the progress made as of the date 
of the report on the study required by paragraph (1). 
(ii) Not later than one year after the date of the enactment 
of this Act, a final report on the study required by paragraph 
(1). 
(B) In this paragraph, the term "applicable congressional 
committees" means— 
(i) the Committee on Armed Services, Committee on Appro-
priations, Committee on the Judiciary, and Committee on 
Health, Education, Labor, and Pensions of the Senate; and 
(ii) the Committee on Armed Services, Committee on Appro-
priations, Committee on the Judiciary, and Committee on Edu-
cation and the Workforce of the House of Representatives. 
(3) Amounts for the study under paragraph (1) shall be derived 
from amounts authorized to be appropriated by section 3614(a) 
of the Energy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (114 Stat. 1654A-498). 
(4) In this subsection: 
(A) The terms "atomic weapons employer facility", 'Taeryl-
lium vendor", "covered employee with cancer", and "covered 
beryllium illness" have the meanings given those terms in 
section 3621 of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (114 Stat. 1654A-498; 42 
U.S.C. 73841). 
(B) The term "contamination" means the presence of any— 
(i) material that emitted radiation and was used in 
the production of an atomic weapon, excluding uranium 
mining and milling; or 
(ii) beryllium dust, particles, or vapor, 
exposure to which could cause or substantially contribute to 
the cancer of a covered employee with cancer or a covered 
beryllium illness, as the case may be. 
42 use 7383h-l. 
SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLY-
GRAPH PROGRAM. 
(a) 
NEW 
COUNTERINTELLIGENCE 
POLYGRAPH 
PROGRAM 
REQUIRED.—^The Secretary of Energy shall carry out, under regula-
tions prescribed under this section, a new counterintelligence poly-
graph program for the Department of Energy. The purpose of the 
new program is to minimize the potential for release or disclosure 
of classified data, materials, or information. 
Regulations. 
(b) AUTHORITIES AND LIMITATIONS.—(1) The Secretary shall 
prescribe regulations for the new counterintelligence polygraph pro-
gram required by subsection (a) in accordance with the provisions 
of subchapter II of chapter 5 of title 5, United States Code (com-
monly referred to as the Administrative Procedures Act). 
(2) In prescribing regulations for the new program, the Sec-
retary shall take into account the results of the Polygraph Review. 
Deadline. 
(3) Not later than six months after obtaining the results of 
the Polygraph Review, the Secretary shall issue a notice of proposed 
rulemaking for the new program. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1377 
(c) REPEAL OF EXISTING POLYGRAPH PROGRAM.—Effective 30 Effective date. 
days after the Secretary submits to the congressional defense 42USC7383h. 
committees the Secretary's certification that the final rule for the 
new counterintelligence polygraph program required by subsection 
(a) has been fully implemented, section 3154 of the Department 
of Energy Facilities Safeguards, Security, and Counterintelligence 
Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 
106-65; 42 U.S.C. 7383h) is repealed. 
(d) REPORT ON FURTHER ENHANCEMENT OF PERSONNEL SECU-
RITY PROGRAM.—(1) Not later than January 1, 2003, the Adminis- Deadline. 
trator for Nuclear Security shall submit to Congress a report setting 
forth the recommendations of the Administrator for any legislative 
action that the Administrator considers appropriate in order to 
enhance the personnel security program of the Department of 
Energy. 
(2) Any recommendations under paragraph (1) regarding the 
use of polygraphs shall take into account the results of the Poly-
graph Review. 
(e) POLYGRAPH REVIEW DEFINED.—In this section, the term 
"Polygraph Review" means the review of the Committee to Review 
the Scientific Evidence on the Polygraph of the National Academy 
of Sciences. 
SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF 
ENERGY TO PAY VOLUNTARY SEPARATION INCENTIVE 
PAYMENTS. 
(a) IN GENERAL.—Section 3161(a) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 
Stat. 942; 5 U.S.C. 5597 note) is amended by striking "January 
1, 2003" and inserting "January 1, 2004". 
(b) CONSTRUCTION.—The amendment made by subsection (a) 
5 USC 5597 note. 
may be superseded by another provision of law that takes effect 
after the date of the enactment of this Act, and before January 
1, 2004, establishing a uniform system for providing voluntary 
separation incentives (including a system for requiring approval 
of plans by the Office of Management and Budget) for employees 
of the Federal Government. 
SEC. 3154. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY 
OF DEPARTMENT OF ENERGY FACILITIES TO TERRORIST 
ATTACK. 
(a) IN GENERAL.—Part C of title VI of the Department of 
Energy Organization Act (42 U.S.C. 7251 et seq.) is amended by 
adding at the end the following new section: 
"ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF FACILITIES 
TO TERRORIST ATTACK 
"SEC. 663. (a) The Secretary shall, on an annual basis, conduct 
a comprehensive assessment of the vulnerability of Department 
facilities to terrorist attack. 
"(b) Not later than January 31 each year, the Secretary shall 
submit to Congress a report on the assessment conducted under 
subsection (a) during the preceding year. Each report shall include 
the results of the assessment covered by such report, together 
with such findings and recommendations as the Secretary considers 
appropriate.". 
42 USC 7270c. 
Deadline. 
115 STAT. 1378 
PUBLIC LAW 107-107—DEC. 28, 2001 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of that Act is amended by inserting after the item relating 
to section 662 the following new item: 
"Sec. 663. Annual assessment and report on vulnerability of facilities to terrorist 
attack.". 
SEC. 3155. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM AT 
SAVANNAH RIVER SITE, AIKEN, SOUTH CAROLINA. 
(a) CONSULTATION REQUIRED.—^The Secretary of Energy shall 
consult with the Governor of the State of South Carolina regarding 
any decisions or plans of the Secretary related to the disposition 
of surplus defense plutonium and defense plutonium materials 
located at the Savannah River Site, Aiken, South Carolina. 
(b) NOTICE REQUIRED,—^For each shipment of defense plutonium 
or defense plutonium materials to the Savannah River Site, the 
Secretary shall, not less than 30 days before the commencement 
of such shipment, submit to the congressional defense committees 
a report providing notice of such shipment. 
(c) PLAN FOR DISPOSITION.—^The Secretary shall prepare a plan 
for disposal of the surplus defense plutonium and defense plutonium 
materials currently located at the Savannah River Site and for 
disposal of defense plutonium and defense plutonium materials 
to be shipped to the Savannah River Site in the future. The plan 
shall include the following: 
(1) A review of each option considered for such disposal. 
(2) An identification of the preferred option for such dis-
posal. 
(3) With respect to the facilities for such disposal that 
are required by the Department of Energ^s Record of Decision 
for the Storage and Disposition of Weapons-Usable Fissile Mate-
rials Final Programmatic Environmental Impact Statement 
dated January 14, 1997— 
(A) a statement of the cost of construction and oper-
ation of such facilities; 
(B) a schedule for the expeditious construction of such 
facilities, including milestones; and 
(C) a firm schedule for funding the cost of such facili-
ties. 
(4) A specification of the means by which all such defense 
plutonium and defense plutonium materials will be removed 
in a timely manner from the Savannah River Site for storage 
or disposal elsewhere. 
(d) PLAN FOR ALTERNATIVE DISPOSITION.—If the 
Secretary 
determines not to proceed at the Savannah River Site with construc-
tion of the plutonium immobilization plant, or with the mixed 
oxide fuel fabrication facility, the Secretary shall prepare a plan 
that identifies a disposition path for all defense plutonium and 
defense plutonium materials that would otherwise have been dis-
posed of at such plant or such facility, as applicable. 
Deadline. 
(e) SUBMISSION OF PLANS.—^Not later than February 1, 2002, 
the Secretary shall submit to Congress the plan required by sub-
section (c) (and the plan prepared under subsection (d), if 
applicable). 
(f) LIMITATION ON PLUTONIUM SHIPMENTS.—If the Secretary 
does not submit to Congress the plan required by subsection (c) 
(and the plan prepared under subsection (d), if applicable) by Feb-
ruary 1, 2002, the Secretary shall be prohibited from shipping 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1379 
defense plutonium or defense plutonium materials to the Savannah 
River Site during the period beginning on February 1, 2002, and 
ending on the date on which such plans are submitted to Congress. 
(g) RULE OF CONSTRUCTION.—^Nothing in this section may be 
construed to prohibit or limit the Secretary from shipping defense 
plutonium or defense plutonium materials to sites other than the 
Savannah River Site during the period referred to in subsection 
(f) or any other period. 
(h) ANNUAL REPORT ON FUNDING FOR FISSILE MATERIALS DIS-
POSITION ACTIVITIES.—The Secretary shall include with the budget 
justification materials submitted to Congress in support of the 
Department of Energy budget for each fiscal year (as submitted 
with the budget of the President under section 1105(a) of title 
31, United States Code) a report setting forth the extent to which 
amounts requested for the Department for such fiscal year for 
fissile materials disposition activities will enable the Department 
to meet commitments for the disposition of surplus defense pluto-
nium and defense plutonium materials located at the Savannah 
River Site, and for any other fissile materials disposition activities, 
in such fiscal year. 
SEC. 3156. MODIFICATION OF DATE OF REPORT OF PANEL TO ASSESS 
THE RELIABILITY, 
SAFETY, AND SECURITY OF THE 
UNITED STATES NUCLEAR STOCKPILE. 
Section 3159(d) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 42 
U.S.C. 2121 note) is amended by striking "of each year, beginning 
with 1999," and inserting "of 1999 and 2000, and not later than 
February 1, 2002,". 
Subtitle F^—Rocky Flats National Wildlife 
R
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National Wildlife 
KeiUge 
Refuge Act of 
2001. 
16 use 668dd 
SEC. 3171. SHORT TITLE. 
note. 
This subtitle may be cited as the "Rocky Flats National Wildlife 
Refuge Act of 2001". 
SEC. 3172. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Federal Government, through the Atomic Energy 
Commission, acquired the Rocky Flats site in 1951 and began 
operations there in 1952. The site remains a Department of 
Energy facility. Since 1992, the mission of the Rocky Flats 
site has changed from the production of nuclear weapons compo-
nents to cleanup and closure in a manner that is safe, environ-
mentally and socially responsible, physically secure, and cost-
effective. 
(2) The majority of the Rocky Flats site has generally 
remained undisturbed since its acquisition by the Federal 
Government. 
(3) The State of Colorado is experiencing increasing growth 
and development, especially in the metropolitan Denver Front 
Range area in the vicinity of the Rocky Flats site. That growth 
and development reduces the amount of open space and thereby 
diminishes for many metropolitan Denver communities the 
vistas of the striking Front Range mountain backdrop. 
115 STAT. 1380 
PUBLIC LAW 107-107—DEC. 28, 2001 
(4) Some areas of the Rocky Flats site contain contamina-
tion and will require further response action. The national 
interest requires that the ongoing cleanup and closure of the 
entire site be completed safely, effectively, and without unneces-
sary delay and that the site thereafter be retained by the 
United States and managed so as to preserve the value of 
the site for open space and wildlife habitat. 
(5) The Rocky Flats site provides habitat for many wildlife 
species, including a number of threatened and endangered spe-
cies, and is marked by the presence of rare xeric tallgrass 
prairie plant communities. Establishing the site as a unit of 
the National Wildlife Refuge System will promote the preserva-
tion and enhancement of those resources for present and future 
generations. 
(b) PURPOSES.—^The purposes of this subtitle are— 
(1) to provide for the establishment of the Rocky Flats 
site as a national wildlife refuge following cleanup and closure 
of the site; 
(2) to create a process for public input on the management 
of the refuge referred to in paragraph (1) before transfer of 
administrative jurisdiction to the Secretary of the Interior; 
and 
(3) to ensure that the Rocky Flats site is thoroughly and 
completely cleaned up. 
SEC. 3173. DEFINITIONS. 
In this subtitle: 
(1) CERCLA.—The term "CERCLA" means the Comprehen-
sive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.). 
(2) CLEANUP AND CLOSURE.—The term "cleanup and clo-
sure" means the response actions for covered substances carried 
out at Rocky Flats, as required by any of the following: 
(A) 
The 
RFCA. 
(B) 
CERCLA. 
(C) 
RCRA. 
(D) The Colorado Hazardous Waste Act, 25-15-101 
to 25-15-327, Colorado Revised Statutes. 
(3) COVERED SUBSTANCE.—The term "covered substance" 
means any of the following: 
(A) Any hazardous substance, as such term is defined 
in paragraph (14) of section 101 of CERCLA (42 U.S.C. 
9601). 
(B) Any pollutant or contaminant, as such term is 
defined in paragraph (33) of such section 101. 
(C) Any petroleum, including crude oil or any fraction 
thereof which is not otherwise specifically listed or des-
ignated as a hazardous substance under subparagraphs 
(A) through (F) of paragraph (14) of such section 101. 
(4) RCRA.—The term "RCRA" means the Solid Waste Dis-
posal Act (42 U.S.C. 6901 et seq.), popularly known as the 
Resource Conservation and Recovery Act. 
(5) REFUGE.—The term "refuge" means the Rocky Flats 
National Wildlife Refuge established under section 3177. 
(6) RESPONSE ACTION.—^The term "response action" means 
any of the following: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1381 
(A) A response, as such term is defined in paragraph 
(25) of section 101 of CERCLA (42 U.S.C. 9601). 
(B) A corrective action under RCRA or under the Colo-
rado Hazardous Waste Act, 25-15-101 to 25-15-327, Colo-
rado Revised Statutes. 
(C) Any requirement for institutional controls imposed 
by any of the laws referred to in subparagraph (A) or 
(B). 
(7) RFCA.—The term "RFCA" means the Rocky Flats 
Cleanup Agreement, an intergovernmental agreement, dated 
July 19, 1996, among— 
(A) the Department of Energy; 
(B) the Environmental Protection Agency; and 
(C) the Department of Public Health and Environment 
of the State of Colorado. 
(8) ROCKY FLATS.— 
(A) IN GE^fERAL.—Except as provided in subparagraph 
(B), the term "Rocky Flats" means the Rocky Flats Environ-
mental Technology Site, Colorado, a defense 
nuclear 
facility, as depicted on the map titled "Rocky Flats Environ-
mental Technology Site", dated October 22, 2001, and avail-
able for inspection in the appropriate offices of the United 
States Fish and Wildlife Service. 
(B) EXCLUSIONS.—^The term "Rocky Flats" does not 
include— 
(i) the land and facilities of the Department of 
Energy's National 
Renewable Energy 
Laboratory, 
including the acres retained by the Secretary under 
section 3174(f); and 
(ii) any land and facilities not within the bound-
aries depicted on the map referred to in subparagraph 
(A). 
(9) SECRETARY.—The term "Secretary" means the Secretary 
of Energy. 
SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT. 
(a) FEDERAL OWNERSHIP.—^Except as expressly provided in this 
subtitle, all right, title, and interest of the United States, held 
on or acquired after the date of the enactment of this Act, to 
land or interest therein, including minerals, within the boundaries 
of Rocky Flats shall be retained by the United States. 
(b) LINDSAY RANCH.—^The structures that comprise the former 
Lindsay Ranch homestead site in the Rock Creek Reserve area 
of the buffer zone, as depicted on the map referred to in section 
3173(8)(A), shall be permanently preserved and maintained in 
accordance with the National Historic Preservation Act (16 U.S.C. 
470 et seq.). 
(c) PROHIBITION ON ANNEXATION.—^Neither the Secretary nor 
the Secretary of the Interior shall allow the annexation of land 
within the refuge by any unit of local government. 
(d) PROHIBITION ON THROUGH ROADS.—Except as provided in 
subsection (e), no public road shall be constructed through Rocky 
Flats. 
(e) TRANSPORTATION RIGHT-OF-WAY.— 
(1) IN GENERAL.— 
115 STAT. 1382 
PUBLIC LAW 107-107—DEC. 28, 2001 
(A) AVAILABILITY OF LAND.—On submission of an 
application meeting each of the conditions specified in para-
graph (2), the Secretary, in consultation with the Secretary 
of the Interior, shall make available land along the eastern 
boundary of Rocky Flats for the sole purpose of transpor-
tation improvements along Indiana Street. 
(B) BOUNDARIES.—^Land made available under this 
paragraph may not extend more than 300 feet from the 
west edge of the Indiana Street right-of-way, as that right-
of-way exists as of the date of the enactment of this Act. 
(C) EASEMENT OR SALE.—Land may be made available 
under this paragraph by easement or sale to one or more 
appropriate entities. 
(D) COMPLIANCE WITH APPLICABLE LAW.^Any action 
under this paragraph shall be taken in compliance with 
applicable law. 
(2) CONDITIONS.—^An application referred to in paragraph 
(1) meets the conditions specified in this paragraph if the 
application— 
(A) is submitted by any county, city, or other political 
subdivision of the State of Colorado; and 
(B) includes documentation demonstrating that the 
transportation improvements for which the land is to be 
made available— 
(i) are carried out so as to minimize adverse effects 
on the management of Rocky Flats as a wildlife refuge; 
and 
(ii) are included in the regional transportation plan 
of the metropolitan planning organization designated 
for the Denver metropolitan area under section 5303 
of title 49, United States Code. 
(f) WIND TECHNOLOGY EXPANSION AREA.—^The Secretary shall 
retain, for the use of the National Renewable Energy Laboratory, 
the approximately 25 acres identified on the map referred to in 
section 3173(8)(A) as the "Wind Technology Expansion Area". 
SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBIUTIES AND JUR-
ISDICTION OVER ROCKY FLATS. 
(a) TRANSFER REQUIRED.— 
(1) IN GENERAL.—Subject to the other provisions of this 
section, the Secretary shall transfer administrative jurisdiction 
over the property that is to comprise the refuge to the Secretary 
of the Interior. 
(2) DATE OF TRANSFER.—^The transfer shall be carried out 
not earlier than the completion certification date, and not later 
than 30 business days after that date. 
(3) COMPLETION CERTIFICATION DATE.—For purposes of 
paragraph (2), the completion certification date is the date 
on which the Administrator of the Environmental Protection 
Agency certifies to the Secretary and to the Secretary of the 
Interior that cleanup and closure at Rocky Flats has been 
completed, except for the operation and maintenance associated 
with response actions, and that all response actions are oper-
ating properly and successfully. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) REQUIRED ELEMENTS.—^The transfer required by sub-
section (a) shall be carried out pursuant to a memorandum 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1383 
of understanding between the Secretary and the Secretary of 
the Interior. The memorandum of understanding shall— 
(A) provide for the division of responsibilities between 
the Secretary and the Secretary of the Interior necessary 
to carry out such transfer; 
(B) address the impacts that any property rights 
referred to in section 3179(a) may have on the management 
of the refuge, and provide strategies for resolving or miti-
gating these impacts; 
(C) identify the land the administrative jurisdiction 
of which is to be transferred to the Secretary of the Interior; 
and 
(D) specify the allocation of the Federal costs incurred 
at the refuge after the date of such transfer for any site 
investigations, response actions, and related activities for 
covered substances. 
(2) PUBLICATION OF DRAFT.—^Not later than one year after 
the date of the enactment of this Act, the Secretary and the 
Secretary of the Interior shall publish in the Federal Register 
a draft of the memorandum of understanding. 
(3) FiNALIZATION AND IMPLEMENTATION.— 
(A) Not later than 18 months after the date of the 
enactment of this Act, the Secretary and Secretary of the 
Interior shall finalize and implement the memorandum 
of understanding. 
(B) In finalizing the memorandum of understanding, 
the Secretary and Secretary of the Interior shall specifically 
identify the land the administrative jurisdiction of which 
is to be transferred to the Secretary of the Interior and 
provide for a determination of the exact acreage and legal 
description of such land by a survey mutually satisfactory 
to the Secretary and the Secretary of the Interior. 
(c) TRANSFER OF IMPROVEMENTS.—^The transfer required by 
subsection (a) may include such buildings or other improvements 
as the Secretary of the Interior has requested in writing for pur-
poses of managing the refuge. 
(d) PROPERTY RETAINED FOR RESPONSE ACTIONS.— 
(1) IN GENERAL.—^The transfer required by subsection (a) 
shall not include, and the Secretary shall retain jurisdiction, 
authority, and control over, the following real property and 
facilities at Rocky Flats: 
(A) Any engineered structure, including caps, barrier 
walls, and monitoring or treatment wells, to be used in 
carrying out a response action for covered substances. 
(B) Any real property or facility to be used for any 
other purpose relating to a response action or any other 
action that is required to be carried out by the Secretary 
at Rocky Flats. 
(2) CONSULTATION.—The Secretary shall consult with the 
Secretary of the Interior, the Administrator of the Environ-
mental Protection Agency, and the Grovemor of the State of 
Colorado on the identification of all real property and facilities 
to be retained under this subsection. 
(e) COST.—^The transfer required by subsection (a) shall be 
completed without cost to the Secretary of the Interior. 
(f) No REDUCTION IN FUNDS.—The transfer required by sub-
section (a), and the memorandum of understanding required by 
115 STAT. 1384 
PUBLIC LAW 107-107—DEC. 28, 2001 
subsection (b), shall not result in any reduction in funds available 
to the Secretary for cleanup and closure of Rocky Flats. 
SEC. 3176. ADMINISTRATION OF RETAINED PROPERTY; CONTINU-
ATION OF CLEANUP AND CLOSURE. 
(a) ADMINISTRATION OF RETAINED PROPERTY.— 
(1) IN GENERAL.—In administering the property retained 
under section 3175(d), the Secretary shall consult with the 
Secretary of the Interior to minimize any conflict between— 
(A) the administration by the Secretary of such prop-
erty for a purpose relating to a response action; and 
(B) the administration by the Secretary of the Interior 
of land the administrative jurisdiction of which is trans-
ferred under section 3175(a). 
(2) PRIORITY IN CASE OF CONFLICT.—In the case of any 
such conflict, the Secretary and the Secretary of the Interior 
shall ensure that the administration for a purpose relating 
to a response action, as described in paragraph (1)(A), shall 
take priority. 
(3) ACCESS.—^The Secretary of the Interior shall provide 
to the Secretary such access and cooperation with respect to 
the refuge as the Secretary requires to carry out operation 
and maintenance, future response actions, natural resources 
restoration, or any other obligations. 
(b) ONGOING CLEANUP AND CLOSURE.— 
(1) IN GENERAL.—^The Secretary shall carry out to comple-
tion cleanup and closure at Rocky Flats. 
(2) CLEANUP LEVELS.—^The Secretary shall carry out such 
cleanup and closure to the levels established for soil, water, 
and other media, following a thorough review by the parties 
to the RFCA and the public (including the United States Fish 
and Wildlife Service and other interested government agencies) 
of the appropriateness of the interim levels in the RFCA. 
(3) No 
RESTRICTION ON USE OF NEW TECHNOLOGIES.— 
Nothing in this subtitle, and no action taken under this subtitle, 
restricts the Secretary from using at Rocky Flats any new 
technology that may become available for remediation of 
contEimination. 
(c) OPPORTUNITY TO COMMENT.—The Secretary of the Interior 
shall have the opportunity to comment with respect to any proposed 
response action as to the impacts, if any, of such proposed response 
action on the refuge. 
(d) RULES OF CONSTRUCTION.— 
(1) No RELIEF FROM OBLIGATIONS UNDER OTHER LAW.— 
Nothing in this subtitle, and no action taken under this 
subtitle— 
(A) relieves the Secretary, the Administrator of the 
Environmental Protection Agency, the Secretary of the 
Interior, or any other person from any obligation or other 
liability with respect to Rocky Flats under the RFCA or 
any Federal or State law; 
(B) impairs or alters any provision of the RFCA; or 
(C) alters any authority of the Administrator of the 
Environmental Protection Agency under section 120(e) of 
CERCLA (42 U.S.C. 9620(e)), or any authority of the State 
of Colorado. 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1385 
(2) CLEANUP LEVELS.—Nothing in this subtitle shall reduce 
the level of cleanup and closure at Rocky Flats required under 
the RFCA or any Federal or State law. 
(3) PAYMENT OF RESPONSE ACTION COSTS.—^Nothing in this 
subtitle affects the obligation of a Federal department or agency 
that had or has operations at Rocky Flats resulting in the 
release or threatened release of a covered substance to pay 
the costs of response actions carried out to abate the release 
of, or clean up, the covered substance. 
SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE. 
(a) IN GENERAL.—On completion of the transfer required by 
section 3175(a), and subject to section 3176(a), the Secretary of 
the Interior shall commence administration of the real property 
comprising the refuge in accordance with this subtitle. 
(b) ESTABLISHMENT OF REFUGE.—^Not later than 30 days after 
the transfer required by section 3175(a), the Secretary of the 
Interior shall establish at Rocky Flats a national wildlife refuge 
to be known as the Rocky Flats National Wildlife Refuge. 
(c) COMPOSITION.—The refuge shall be .comprised of the prop-
erty the administrative jurisdiction of which was transferred as 
required by section 3175(a). 
(d) NOTICE.—^The Secretary of the Interior shall publish in 
the Federal Register a notice of the establishment of the refuge. 
(e) ADMINISTRATION AND PURPOSES.— 
(1) IN GENERAL.—^The Secretary of the Interior shall man-
age the refuge in accordance with applicable law, including 
this subtitle, the National Wildlife Refuge System Administra-
tion Act of 1966 (16 U.S.C. 668dd et seq.), and the purposes 
specified in that Act. 
(2) REFUGE PURPOSES.—^The refuge shall be managed for 
the purposes of— 
(A) restoring and preserving native ecosystems; 
(B) providing habitat for, and population management 
of, native plants and migratory and resident wildlife; 
(C) conserving threatened and endangered species 
(including species that are candidates for listing under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.)); and 
(D) providing opportunities for compatible scientific 
research. 
(3) MANAGEMENT.—In managing the refuge, the Secretary 
of the Interior shall— 
(A) ensure that wildlife-dependent recreation and 
environmental education and interpretation are the priority 
public uses of the refuge; and 
(B) comply with all response actions. 
SEC. 3178. COMPREHENSIVE PLANNING PROCESS. 
(a) IN GENERAL.—Not later than 180 days after the date of Deadline, 
the enactment of this Act, in developing a comprehensive conserva-
tion plan for the refuge in accordance with section 4(e) of the 
National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd(e)), the Secretary of the Interior shall establish a 
comprehensive planning process that involves the public and local 
communities. The Secretary of the Interior shall establish such 
process in consultation with the Secretary, the members of the 
Coalition, the Governor of the State of Colorado, and the Federal 
115 STAT. 1386 
PUBLIC LAW 107-107—DEC. 28, 2001 
Deadline. 
and State of Colorado officials who have been designated as trustees 
for Rocky Flats under section 107(f)(2) of CERCLA (42 U.S.C. 
9607(f)(2)). 
(b) OTHER PARTICIPANTS.—In addition to the entities specified 
in subsection (a), the comprehensive planning process required by 
subsection (a) shall include the opportunity for direct involvement 
of entities that are not members of the Coalition as of the date 
of the enactment of this Act, including the Rocky Flats Citizens' 
Advisory Board and the cities of Thornton, Northglenn, Golden, 
Louisville, and Lafayette, Colorado. 
(c) DISSOLUTION OF COALITION.—If the Coalition dissolves, or 
if any Coalition member elects to leave the Coalition during the 
comprehensive planning process required by subsection (a)— 
(1) such comprehensive planning process shall continue; 
and 
(2) an opportunity shall be provided to each entity that 
is a member of the Coalition as of September 1, 2000, for 
direct involvement in such comprehensive planning process. 
(d) CONTENTS.—In addition to the requirements of section 4(e) 
of the National Wildlife Refuge System Administration Act of 1966 
(16 U.S.C. 668dd(e)), the comprehensive conservation plan referred 
to in subsection (a) shall address and make recommendations on 
the following: 
(1) The identification of any land referred to in subsection 
(e) of section 3174 that could be made available under that 
subsection. 
(2) The characteristics and configuration of any perimeter 
fencing that may be appropriate or compatible for cleanup 
and closure purposes, refuge purposes, or other purposes. 
(3) The feasibility of locating, and the potential location 
for, a visitor and education center at the refuge. 
(4) Any other issues relating to Rocky Flats. 
(e) COALITION DEFINED.—In this section, the term "Coalition" 
mesms the Rocky Flats Coalition of Local Governments established 
by the Intergovernmental Agreement, dated February 16, 1999, 
among— 
(1) the city of Arvada, Colorado; 
(2) the city of Boulder, Colorado; 
(3) the city of Broomfield, Colorado; 
(4) the city of Westminster, Colorado; 
(5) the town of Superior, Colorado; 
(6) Boulder County, Colorado; and 
(7) Jefferson County, Colorado. 
(f) REPORT.—^Not later than three years after the date of the 
enactment of this Act, the Secretary of the Interior shall submit 
to Congress— 
(1) the comprehensive conservation plan referred to in sub-
section (a); and 
(2) a report that contains— 
(A) an outline of the involvement of the public and 
local communities in the comprehensive planning process, 
as required by subsection (a); 
(B) to the extent that any input or recommendation 
from the comprehensive planning process is not accepted, 
a clear statement of the reasons why such input or rec-
ommendation is not accepted; and 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1387 
(C) a discussion of the impacts of any property rights 
referred to in section 3179(a) on management of the refuge, 
and an identification of strategies for resolving and miti-
gating these impacts. 
SEC. 3179. PROPERTY RIGHTS. 
(a) IN GENERAL.—Except as provided in subsections (c) and 
(d), nothing in this subtitle limits any valid, existing property 
right at Rocky Flats that is owned by any person or entity, 
including, but not limited to— 
(1) any mineral right; 
(2) any water right or related easement; and 
(3) any facility or right-of-way for a utility. 
(b) ACCESS.—Except as provided in subsection (c), nothing in 
this subtitle affects any right of an owner of a property right 
referred to in subsection (a) to access the owner's property. 
(c) REASONABLE CONDITIONS.— 
(1) IN GENERAL.—^The Secretary or the Secretary of the 
Interior may impose such reasonable conditions on access to 
property rights referred to in subsection (a) as are appropriate 
for the cleanup and closure of Rocky Flats and for the manage-
ment of the refuge. 
(2) No EFFECT ON OTHER LAW.—^Nothing in this subtitle 
affects any Federal, State, or local law (including any regula-
tion) relating to the use, development, and management of 
property rights referred to in subsection (a). 
(3) No EFFECT ON ACCESS RIGHTS.—Nothing in this sub-
section precludes the exercise of any access right, in existence 
on the date of the enactment of this Act, that is necessary 
to perfect or maintain a water right in existence on that date. 
(d) UTILITY EXTENSION.— 
(1) IN GENERAL.—^The Secretary or the Secretary of the 
Interior may allow not more than one extension from an 
existing utility right-of-way on Rocky Flats, if necessary. 
(2) CONDITIONS.—^An extension under paragraph (1) shall 
be subject to the conditions specified in subsection (c). 
(e) EASEMENT SURVEYS.—Subject to subsection (c), until the 
date that is 180 days after the date of the enactment of this 
Act, an entity that possesses a decreed water right or prescriptive 
easement relating to land at Rocky Flats may carry out such surveys 
at Rocky Flats as the entity determines are necessary to perfect 
the right or easement. 
SEC. 3180. LIABILITIES AND OTHER OBLIGATIONS, 
(a) IN GENERAL.—Nothing in this subtitle shall relieve, and 
no action may be taken under this subtitle to relieve, the Secretary, 
the Secretary of the Interior, or any other person from any liability 
or other obligation at Rocky Flats under CERCLA, RCRA, or any 
other Federal or State law. 
(b) COST RECOVERY, CONTRIBUTION, AND OTHER ACTION.— 
Nothing in this subtitle is intended to prevent the United States 
from bringing a cost recovery, contribution, or other action that 
would otherwise be available under Federal or State law. 
SEC 3181. ROCKY FLATS MUSEUM. 
(a) MUSEUM.—To commemorate the contribution that Rocky 
Flats and its worker force provided to winning the Cold War and 
115 STAT. 1388 
PUBLIC LAW 107-107—DEC. 28, 2001 
the impact that such contribution has had on the nearby commu-
nities and the State of Colorado, the Secretary may estabUsh a 
Rocky Flats Museum. 
(b) LOCATION.—^The Rocky Flats Museum shall be located in 
the city of Arvada, Colorado, unless, after consultation under sub-
section (c), the Secretary determines otherwise. 
(c) CONSULTATION.—^The Secretary shall consult with the city 
of Arvada, other local communities, and the Colorado State Histor-
ical Society on— 
(1) the development of the museum; 
(2) the siting of the museum; and 
(3) any other issues relating to the development and 
construction of the museum. 
(d) REPORT.—^Not later than three years after the date of the 
enactment of this Act, the Secretary, in coordination with the city 
of Arvada, shall submit to Congress a report on the costs associated 
with the construction of the museum and any other issues relating 
to the development and construction of the museum. 
SEC. 3182. ANNUAL REPORT ON FUNDING. 
For each of fiscal years 2003 through 2007, at the time of 
submission of the budget of the President under section 1105(a) 
of title 31, United States Code, for such fiscal year, the Secretary 
and the Secretary of the Interior shall jointly submit to Congress 
a report on the costs of implementation of this subtitle. The report 
shall include— 
(1) the costs incurred by each Secretary in implementing 
this subtitle during the preceding fiscal year; and 
(2) the funds required by each Secretary to implement 
this subtitle during the current and subsequent fiscal years. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2002, 
$18,500,000 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. Definitions. 
Sec. 3302. Authorized uses of stockpile funds. 
Sec. 3303. Authority to dispose of cert^ain materials in National Defense Stockpile. 
Sec. 3304. Revision of limitations on required disposals of certain materials in Na-
tional Defense Stockpile. 
Sec. 3305. Acceleration of required disposal of cobalt in National Defense Stockpile. 
Sec. 3306. Restriction on disposal of manganese ferro. 
50 u s e 98d note. 
SEC. 3301. DEFINITIONS. 
In this title: 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1389 
(1) The term "National Defense Stockpile" means the stock-
pile provided for in section 4 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98c). 
(2) The term "National Defense Stockpile Transaction 
Fund" means the fund established under section 9(a) of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h(a)). 
(3) The term "Market Impact Committee" means the 
Market Impact Committee appointed under section 10(c) of 
the Strategic and Critical Materials Stock Pihng Act (50 U.S.C. 
98h-l(c)). 
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2002, 
the National Defense Stockpile Manager may obligate up to 
$65,200,000 of the funds in the National Defense Stockpile Trans-
action Fund for the authorized uses of such funds under section 
9(b)(2) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h(b)(2)), 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 
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. 
SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN 
50 USC 98d note. 
N A T I O N A L D E F E N S E STOCKPILE. 
(a) DISPOSAL AUTHORIZED.—Subject to the conditions specified 
in subsection (b), the President may dispose of obsolete and excess 
materials contained in the National Defense Stockpile, The mate-
rials subject to disposal under this subsection and the quantity 
of each material authorized to be disposed of by the President 
are set forth in the following table: 
Authorized Stockpile Disposals 
Material for disposal 
Quantity 
Bavixite 
40,000 short tons 
Chromium Metal 
3,512 short tons 
Iridium 
25,140 troy ounces 
Jewel Bearings 
30,273,221 pieces 
Manganese Ferro HC 
209,074 short tons 
Palladium 
11 troy ounces 
Quartz Crystal 
216,648 pounds 
Tantalum Metal Ingot 
120,228 pounds contained 
Tantalum Metal Powder 
36,020 pounds contained 
Thorium Nitrate 
600,000 pounds. 
(b) MINIMIZATION OF DISRUPTION AND LOSS.—^The President 
may not dispose of materials under subsection (a) to the extent 
that the disposal will result in— 
115 STAT. 1390 
PUBLIC LAW 107-107—DEC. 28, 2001 
(1) undue disruption of the usual markets of producers, 
processors, and consumers of the materials proposed for dis-
posal; or 
(2) avoidable loss to the United States. 
(c) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—^The dis-
posal authority provided in subsection (a) is new disposal authority 
and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding the materials specified in such 
subsection. 
SEC. 3304. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF 
CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE. 
(a) PUBLIC LAW 105-261.—Section 3303 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 50 U.S.C. 98d note) is amended— 
(1) in subsection (a)— 
(A) by striking "the amount of—" and inserting "total 
amounts not less than—"; 
(B) by striking "and" at the end of paragraph (3); 
and 
(C) by striking paragraph (4) and inserting the fol-
lowing new paragraphs: 
"(4) $760,000,000 by the end of fiscal year 2005; and 
"(5) $770,000,000 by the end of fiscal year 2011."; and 
(2) in subsection (b)(2), by striking "receipts in the amounts 
specified in subsection (a)" and inserting "receipts in the total 
amount specified in subsection (a)(5)". 
(b) PUBLIC LAW 105-85.—Section 3305 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 50 
U.S.C. 98d note) is amended— 
(1) in subsection (a), by striking "amounts equal to—" and 
inserting "total amounts not less than—"; and 
(2) in subsection (b), by striking paragraph (2) and inserting 
the following new paragraph: 
"(2) The President may not dispose of cobalt under this section 
in fiscal year 2006 in excess of the disposals necessary to result 
in receipts during that fiscal year in the total amount specified 
in subsection (a)(5).". 
(c) PUBLIC LAW 104^201.—Section 3303 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 50 
U.S.C. 98d note) is amended— 
(1) in subsection (a), by striking "amounts equal to—" and 
inserting "total amounts not less than—"; and 
(2) in subsection (b), by striking paragraph (2) and inserting 
the following new paragraph: 
"(2) The President may not dispose of materials under this 
section during the 10-fiscal year period referred to in subsection 
(a)(2) in excess of the disposals necessary to result in receipts 
during that period in the total amount specified in such subsection.". 
SEC. 3305. ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN 
NATIONAL DEFENSE STOCKPILE. 
Section 3305(a) of the National Defense Authorization Act for 
Fiscal Year 1998 (Pubfic Law 105-85; 50 U.S.C. 98d note), as 
amended by section 3304(b) of this Act, is amended— 
(1) in paragraph (1), by striking "2003" and inserting 
"2002"; 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1391 
(2) in paragraph (2), by striking "2004" and inserting 
"2003"; 
(3) in paragraph (3), by striking "2005" and inserting 
"2004"; 
(4) in paragraph (4), by striking "2006" and inserting 
"2005"; and 
(5) in paragraph (5), by striking "2007" and inserting 
"2006". 
SEC. 3306. RESTRICTION ON DISPOSAL OF MANGANESE FERRO. 
(a) TEMPORARY QUANTITY RESTRICTIONS.—During fiscal years 
2002 through 2005, the disposal of manganese ferro in the National 
Defense Stockpile may not exceed the following quantities: 
(1) During fiscal year 2002, 25,000 short tons of all grades 
of manganese ferro. 
(2) During fiscal year 2003, 25,000 short tons of high carbon 
manganese ferro of the highest grade. 
(3) During each of the fiscal years 2004 and 2005, 50,000 
short tons of high carbon manganese ferro of the highest grade. 
(b) CONFORMING AMENDMENT.—Section 3304 of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104— 
106; 110 Stat. 629) is repealed. 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. A U T H O R I Z A T I O N OF APPROPRIATIONS. 
(a) AMOUNT.—^There are hereby authorized to be appropriated 
to the Secretary of Energy $17,371,000 for fiscal year 2002 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 
50 u s e 98d note. 
Sec. 3501. Authorization of appropriations for fiscal year 2002. 
Sec. 3502. Define "war risks to vessels to include confiscation, expropriation, na-
tionalization, and deprivation of the vessels. 
Sec. 3503. Holding obligor's cash as collateral under title XI of Merchant Marine 
Act, 1936. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
2002. 
Funds are hereby authorized to be appropriated for fiscal year 
2002, 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, $89,054,000. 
(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.), $103,978,000, of which— 
115 STAT. 1392 
PUBLIC LAW 107-107—DEC. 28, 2001 
(A) $100,000,000 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) $3,978,000 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, $10,000,000. 
SEC. 3502. DEFINE "WAR RISKS" TO VESSELS TO INCLUDE CONFISCA-
TION, EXPROPRIATION, NATIONALIZATION, AND DEPRI-
VATION OF THE VESSELS. 
Section 1201(c) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1281(c)) is amended to read as follows: 
"(c) The term 'war risks' includes to such extent as the Secretary 
may determine— 
"(1) all or any part of any loss that is excluded from 
marine insurance coverage under a 'free of capture or seizure' 
clause, or under analogous clauses; and 
"(2) other losses from hostile acts, including confiscation, 
expropriation, nationalization, or deprivation.". 
SEC. 3503. HOLDING OBLIGOR'S CASH AS COLLATERAL UNDER TITLE 
XI OF MERCHANT MARINE ACT, 1936. 
Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1271 et seq.) is amended by inserting after section 1108 the fol-
lowing: 
46 u s e app. 
"SEC. 1109. DEPOSIT FXWD. 
1279b 
"(a) ESTABLISHMENT OF DEPOSIT FUND.—^There is estabHshed 
in the Treasury a deposit fund for purposes of this section. The 
Secretary may, in accordance with an agreement under subsection 
(b), deposit into and hold in the deposit fund cash belonging to 
an obligor to serve as collateral for a guarantee under this title 
made with respect to the obligor. 
"(b) AGREEMENT.— 
"(1) IN GENERAL.—^The Secretary and an obligor shall enter 
into a reserve fund or other collateral account agreement to 
govern the deposit, withdrawal, retention, use, and reinvest-
ment of cash of the obligor held in the deposit fund established 
by subsection (a). 
"(2) TERMS.—^The agreement shall contain such terms and 
conditions as are required under this section and such addi-
tional terms as are considered by the Secretary to be necessary 
to protect fully the interests of the United States. 
"(3) SECURITY INTEREST OF UNITED STATES.—^The agreement 
shall include terms that grant to the United States a security 
interest in all amounts deposited into the deposit fund. 
"(c) INVESTMENT.—^The Secretary may invest and reinvest any 
part of the amounts in the deposit fund established by subsection 
(a) in obligations of the United States with such maturities as 
ensure that amounts in the deposit fund will be available as 
required for purposes of agreements under subsection (b). Cash 
balances of the deposit fund in excess of current requirements 
shall be maintained in a form of uninvested funds and the Secretary 
of the Treasury shall pay interest on these funds. 
"(d) WITHDRAWALS.— 
PUBLIC LAW 107-107—DEC. 28, 2001 
115 STAT. 1393 
"(1) IN GENERAL.—^The cash deposited into the deposit fund 
established by subsection (a) may not be withdrawn without 
the consent of the Secretary. 
"(2) USE OF INCOME.—Subject to paragraph (3), the Sec-
retary may pay any income earned on cash of an obligor depos-
ited into the deposit fund in accordance with the terms of 
the agreement with the obligor under subsection (b). 
"(3) RETENTION AGAINST DEFAULT.—^The Secretary 
may 
retain and offset any or all of the cash of an obligor in the 
deposit fund, and any income realized thereon, as part of the 
Secretary's recovery against the obligor in case of a default 
by the obligor on an obligation.". 
Approved December 28, 2001, 
LEGISLATIVE HISTORY—S. 1438 (H.R. 2586): 
HOUSE REPORTS: Nos. 107-194 accompanying H.R. 2586 (Comm. on Armed Serv-
ices) and 107-333 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
Sept. 21, 24-26, Oct. 1, 2, considered and passed Senate. 
Oct. 17, considered and passed House, amended, in lieu of H.R. 2586. 
Dec. 13, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 
Dec. 28, Presidential statement.