[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4546 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4546
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense, and for military construction,
to prescribe military personnel strengths for fiscal year 2003, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 2002
Mr. Stump (for himself and Mr. Skelton) (both by request) introduced
the following bill; which was referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense, and for military construction,
to prescribe military personnel strengths for fiscal year 2003, 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 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
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. Defense Health Program.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Multiyear procurement authority for F/A-18E/F engines.
Sec. 112. Multiyear procurement authority for the C-130J aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Cost limitations applicable to F-22 aircraft program.
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.
Subtitle B--Depot Issues
Sec. 311. Repeal of time limitation of exclusion of expenditures on
contracting for depot-level maintenance.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Exclusions from limitation of active duty officers in grades
above major general.
Sec. 403. Extension of authorities relating to management of general
officers.
Subtitle B--Reserve Forces
Sec. 411. End strengths for selected reserve.
Sec. 412. End strengths for reserve on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitation on number of non-dual status
technicians.
Sec. 415. Increase strength and grade ceilings to account for reserve
component members on active duty in support
of a contingency operation.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Establish additional deputy commandant billet.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Authority for limited extension of medical deferment of
mandatory retirement or separation for
reserve officers.
Sec. 512. Definition for weapon of mass destruction.
Sec. 513. Expansion of reserve component delayed training program.
Subtitle C--Military Spouses and Family Members
Sec. 521. Prohibiting payments of retired pay from members on active
duty.
Sec. 522. Revocation of ``ten-year rule'' for direct payment of retired
pay.
Sec. 523. Increases for divisions of retired pay expressed as a dollar
amount.
Sec. 524. Allowing member to submit application for direct payment.
Sec. 525. Allow member to waive notice and provide court order upon
request.
Subtitle D--Military Justice Matters
Sec. 531. Courts-martial for the National Guard when not in Federal
service.
Subtitle E--Other Matters
Sec. 541. Vehicle storage in lieu of transportation when member is
ordered to non-foreign duty station outside
continental United States.
Sec. 542. Administrative support and services for foreign liaison
officers.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Increase basic allowance for subsistence for members forced
to purchase meals outside messing
facilities.
Sec. 603. Extension of basic housing allowance for low cost or no cost
moves to moves outside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 612. Extension of certain bonus and special pay authorities for
nurse officer candidates, registered
nurses, nurse anesthetists, and dental
officers.
Sec. 613. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 614. Increase prior service enlistment bonus.
Sec. 615. Authorize payment of distribution incentive pay.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Equitable compensation support for military funeral honors.
Sec. 622. Expansion of overseas tour extension benefits.
Sec. 623. Extension of period for use of leave travel entitlement for
consecutive overseas tours.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 631. Clarification of disability severance pay computation.
Sec. 632. Authority to increase retired pay for enlisted reserve
component personnel decorated for
extraordinary heroism.
Sec. 633. Survivor benefit plan; multiple beneficiaries.
Sec. 634. Survivor benefit plan; presumptive proportionate share.
Sec. 635. Survivor benefit plan; financial responsibility for survivor
benefit plan participation.
Subtitle E--Other Matters
Sec. 641. Repeal of limited exemption from ban on honoraria for
personnel at certain Department of Defense
schools.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. Improvements in the administration of the TRICARE program.
Sec. 702. Dependent dental care enhancements.
Subtitle B--Senior Health Care
Sec. 711. Improvements regarding the Department of Defense Medicare-
Eligible Retiree Health Care Fund.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Live-fire waiver authority.
Sec. 802. Repeal of certification of funding for support costs in the
future years defense program.
Sec. 803. Authority to waive domestic source or content requirements.
Sec. 804. Purchase of dinitrogen tetroxide, hydrazine, and hydrazine-
related products.
Subtitle B--Use of Preferred Sources
Sec. 811. Eligibility of HUBZone small business concerns and small
business concerns owned and controlled by
service-disabled veterans under the mentor
protege program.
Subtitle C--General Contracting Procedures and Limitations
Sec. 821. Contracting for security guards.
Sec. 822. Demonstration project using multi-year contracts for
environmental remediation.
Sec. 823. Micro-purchase exception for ball and roller bearings.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Organization
Sec. 901. Certification for Department of Defense professional
accounting positions.
Sec. 902. Consequence Management Program Integration Office.
Subtitle B--Financial Management
Sec. 911. Pecuniary liability equalizations.
Sec. 912. Accountable officials in the Department of Defense.
Sec. 913. Failure to participate satisfactorily; penalties.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer of funds within acquisition programs; procedures
and limitations.
Sec. 1002. Reimbursement for service intelligence support.
Sec. 1003. Authority to waive reimbursement of Asia-Pacific Center for
Security Studies charges.
Sec. 1004. Cross-fiscal year cooperative agreements for environmental
purposes.
Subtitle B--Repeal and Revision of Various Reporting Requirements
Sec. 1011. Repeal of various reports required of the Department of
Defense.
Sec. 1012. Frequency of certain surveys; section 481 of title 10.
Sec. 1013. Quadrennial defense review.
Subtitle C--Other Matters
Sec. 1021. Explosives Safety Board.
Sec. 1022. Authorize Army and Air Force to provide base operating
support to Fisher Houses.
Sec. 1023. Eligibility of intelligence senior-level employees for
presidential rank awards.
Sec. 1024. Amendment to authority for acceptance by Asia-Pacific Center
for Security Studies of foreign gifts and
donations.
TITLE XI--MATTERS RELATING TO OTHER NATIONS
Sec. 1101. Expansion of authority to conduct the Arctic Military
Environmental Cooperation Program.
Sec. 1102. Use of Warsaw Initiative funds for travel of officials from
partner countries.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2002 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2000 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2108. Modification of authority to carry out certain fiscal year
1997 project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification to carry out certain fiscal year 2002 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2000
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1999
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction and Military Family Housing
Sec. 2801. Alternative authority for acquisition and improvement of
military housing.
Sec. 2802. Repeal of source requirements for overseas family-- housing
construction.
Subtitle B--Real Property and Facilities Administration
Sec. 2803. Conveyance of surplus real property for natural resource
conservation purposes.
Sec. 2804. Leasing of military family housing in Korea.
Sec. 2805. Program on reduction in long-term facility maintenance
costs.
Sec. 2806. Boundary Channel Drive site land acquisition, Arlington,
Virginia.
Subtitle C--Other Matters
Sec. 2810. Environmental restoration project.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2003
for procurement of the Army as follows:
(1) For aircraft, $2,061,027,000.
(2) For missiles, $1,642,296,000.
(3) For weapons and tracked combat vehicles,
$2,248,558,000.
(4) For ammunition, $1,159,426,000.
(5) For other procurement, $5,168,453,000.
(6) For chemical agents and munitions destruction,
$1,490,199,000 for--
(A) the destruction of lethal chemical weapons in
accordance with section 1412 of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521) and
(B) the destruction of chemical warfare material of
the United States that is not covered by section 1412
of such Act.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2003 for procurement for the Navy as follows:
(1) For aircraft, $8,203,955,000.
(2) For weapons, including missiles and torpedoes,
$1,832,617,000.
(3) For shipbuilding and conversion, $8,191,194,000.
(4) For other procurement, $4,347,024,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2003 for procurement for the Marine Corps in the amount
of $1,288,383,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2003 for procurement of ammunition
for the Navy and Marine Corps in the amount of $1,015,153,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2003
for procurement for the Air Force as follows:
(1) For aircraft, $12,067,405,000.
(2) For missiles, $3,575,162,000.
(3) For procurement of ammunition, $1,133,864,000.
(4) For other procurement, $10,523,946,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2003
for defense-wide procurement in the amount of $2,688,515,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2003
for procurement for the Defense Inspector General in the amount of
$2,000,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $278,742,000.
Subtitle B--Multi-Year Contract Authorizations
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E/F E ENGINES.
Beginning with the fiscal year 2003 program year, the Secretary of
the Navy may, in accordance with section 2306b of title 10, United
States Code, enter into a multi-year contract for procurement of
engines for F/A-18E/F aircraft.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR C-130J AIRCRAFT.
Beginning with the fiscal year 2003 program year, the Secretary of
the Air Force may, in accordance with section 2306b of title 10, United
States Code, enter into a multi-year contract for procurement of C-130J
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS
Funds are hereby authorized to be appropriated for fiscal year 2003
for the use of the Armed Forces for research, development, test, and
evaluation, as follows:
(1) For the Army, $6,918,494,000.
(2) For the Navy, $12,501,630,000.
(3) For the Air Force, $17,601,233,000.
(4) For Defense-wide research, development, test, and
evaluation, $16,835,605,000, of which $222,054,000 is
authorized for the Director of Operational Test and Evaluation.
(5) For the Defense Health Program, $67,214,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COST LIMITATIONS APPLICABLE TO F-22 AIRCRAFT PROGRAM.
(a) 1998 Defense Authorization Act.--Section 217 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1629) is repealed.
(b) 2001 Defense Appropriations Act.--Section 8125 of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259; 114
Stat. 692) is repealed; and
(c) Floyd B. Spence Defense Authorization Act.--Section 219 of the
Floyd B. Spence National Defense Authorization Act for Fiscal year 2001
(Public Law 106-348; 114 Stat. 1654) is repealed.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the use of the Armed Forces of the United States and other
activities and agencies of the Department of Defense, for expenses, not
otherwise provided for, for operation and maintenance, in amounts as
follows:
(1) For the Army, $24,581,055,000.
(2) For the Navy, $29,028,813,000.
(3) For the Marine Corps, $3,357,952,000.
(4) For the Air Force, $27,304,623,000.
(5) For the Defense-wide activities, $14,515,304,000.
(6) For the Army Reserve, $1,923,330,000.
(7) For the Naval Reserve, $1,165,961,000.
(8) For the Marine Corps Reserve, $185,532,000.
(9) For the Air Force Reserve, $2,190,817,000.
(10) For the Army National Guard, $4,136,822,000.
(11) For the Air National Guard, $4,150,861,000.
(12) For the Defense Inspector General, $163,440,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,925,000.
(14) For Environmental Restoration, Army, $395,900,000.
(15) For Environmental Restoration, Navy, $256,948,000.
(16) For Environmental Restoration, Air Force,
$389,773,000.
(17) For Environmental Restoration, Defense-wide,
$23,498,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $212,102,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $58,400,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $848,907,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For the Defense Health Program, $14,360,271,000.
(23) For Cooperative Threat Reduction programs,
$416,700,000.
(24) For Overseas Contingency Operations Transfer Fund,
$50,000,000.
(25) For Defense Emergency Response Funds, $20,055,000,000.
(26) For Support for International Sporting Competitions,
Defense, $19,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the use of the Armed Forces of the United States and other
activities and agencies of the Department of Defense for providing
capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $2,338,759,000.
(2) For the National Defense Sealift Fund, $934,129,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2003
from the Armed Forces Retirement Home Trust Fund the sum of $69,921,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
Subtitle B--Depot Issues
SEC. 311. REPEAL OF TIME LIMITATION ON EXCLUSION OF EXPENDITURES ON
CONTRACTING FOR DEPOT-LEVEL MAINTENANCE.
Paragraph (2) of section 2474(f) of title 10, United States Code,
is amended by striking ``for fiscal years 2002 through 2005''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2003, as follows:
(1) The Army, 480,000.
(2) The Navy, 375,700.
(3) The Marine Corps, 175,000.
(4) The Air Force, 359,000.
SEC. 402. EXCLUSION FROM LIMITATION OF ACTIVE DUTY OFFICERS IN GRADES
ABOVE MAJOR GENERAL OR REAR ADMIRAL; SENIOR MILITARY
ASSISTANT TO THE SECRETARY OF DEFENSE.
Section 525(b) of title 10, United States Code, is amended--
(1) in paragraph (2)(B), by striking ``16.2 percent'' and
inserting ``17.5 percent'';
(2) in paragraph (3)--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B) An officer while serving as the Senior
Military Assistant to the Secretary of Defense, if
serving in the grade of general or lieutenant general,
or admiral or vice admiral, is in addition to the
number that otherwise would be permitted for his armed
force for that grade under paragraph (1) or (2).''.
SEC. 403. EXTENSION OF AUTHORITIES RELATING TO MANAGEMENT OF GENERAL
OFFICERS.
(a) Senior Joint Officer Provisions.--Section 604(c) of title 10,
United States Code, is amended by striking ``September 30, 2003'' and
inserting ``December 31, 2004''.
(b) Distribution of Officers on Active Duty in General Officer and
Flag Officer Grades.--Section 525(b)(5)(C) of such title is amended by
striking ``September 30, 2003'' and inserting ``December 31, 2004''.
(c) Authorized Strength Limitations for General and Flag Officers
on Active Duty.--Section 526(b)(3) of such title is amended by striking
``October 1, 2002'' and inserting ``December 31, 2004''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2003, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,800.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 106,600.
(6) The Air Force Reserve, 75,600.
(7) The Coast Guard Reserve, 9,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Wherever 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 component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2003, the following number of Reserves to be serving on full-time
active duty or, in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 23,768.
(2) The Army Reserve, 13,588.
(3) The Naval Reserve, 14,572.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,697.
(6) The Air Force Reserve, 1,498.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The reserve components of the Army and the Air Force are authorized
strengths for military technicians (dual status) as of September 30,
2003, as follows:
(1) For the Army Reserve, 6,349.
(2) For the Army National Guard of the United States,
23,615.
(3) For the Air Force Reserve, 9,911.
(4) For the Air National Guard of the United States,
22,495.
SEC. 414. FISCAL YEAR 2003 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
The number of civilian employees who are non-dual status
technicians of a reserve component of the Army or Air Force as of
September 30, 2003, may not exceed the following:
(1) For the Army Reserve, 995.
(2) For the Army National Guard of the United States,
1,600.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 350.
SEC. 415. INCREASE STRENGTH AND GRADE CEILINGS TO ACCOUNT FOR RESERVE
COMPONENT MEMBERS ON ACTIVE DUTY IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Active Duty Strength Accounting.--Section 115(c) of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and'' at the end; and
(3) by adding at the end the following new paragraph:
``(4) increase the end strength authorized pursuant to
subsection (a)(1)(A) for a fiscal year for any of the armed
forces by a number equal to the number of members of the
reserve components on active duty under section 12301(d) of
this title in support of a contingency operation as defined in
section 101(a)(13) of this title.''.
(b) Increase in Authorized Daily Average for Members in Pay Grades
E-8 and E-9 on Active Duty Under Certain Circumstances.--Section 517 of
such title is amended by adding at the end the following new paragraph:
``(d) The Secretary of Defense may increase the authorized daily
average number of enlisted members on active duty in an armed force in
pay grades E-8 and
E-9 in a fiscal year pursuant to subsection (a) by the number of
enlisted members of a reserve component in that armed force in pay
grades E-8 and E-9 on active duty under section 12301(d) of this title
in support of a contingency operation as defined in section 101(a)(13)
of this title.''.
(c) Increase in Authorized Strengths for Commissioned Officers in
Pay Grades O-4, O-5 and O-6 on Active Duty Under Certain
Circumstances.--Section 523 of such title is amended--
(1) in paragraphs (a)(1) and (a)(2), by striking
``subsection (c)'' and inserting ``subsections (c) and (e)'';
and
(2) by adding at the end the following new subsection:
``(e) The Secretary of Defense may increase the authorized total
number of commissioned officers serving on active duty at the end of
any fiscal year pursuant to subsection (a) by the number of
commissioned officers of a reserve component of the Army, Navy, Air
Force, or Marine Corps on active duty under section 12301(d) of this
title in support of a contingency operation as defined in section
101(a)13) of this title.''.
(d) Increase in Authorized Strengths for General and Flag Officers
on Active Duty Under Certain Circumstances.--Section 526(a) of such
title is amended--
(1) by striking ``the'' the first time it appears;
(2) by inserting ``(1) Except as provided in paragraph (2),
the'' after ``Limitations.--'';
(3) by redesignating paragraphs (1), (2), (3) and (4) as
subparagraphs (A), (B), (C) and (D), respectively; and
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Defense may increase the number of
general and flag officers on active duty pursuant to paragraph
(1) by the number of reserve component general and flag
officers on active duty under section 12301(d) of this title in
support of a contingency operation as defined in section
101(a)(13) of this title.''.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. ESTABLISH ADDITIONAL DEPUTY COMMANDANT BILLET.
Section 5045 of title 10, United States Code, is amended by
striking ``five'' and inserting ``six''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFERMENT OF
MANDATORY RETIREMENT OR SEPARATION FOR RESERVE OFFICERS.
(a) Deferment of Retirement or Separation for Medical Reasons.--
Chapter 1407 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 14519. Deferment of retirement or separation for medical reasons
``(a) If the Secretary of the military department concerned
determines that the evaluation of the physical condition of an officer
and determination of the officer's entitlement to retirement or
separation 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 separate, retire, or transfer to the retired reserve under
this title, the Secretary may defer the separation or retirement or
transfer of the officer under this title.
``(b) A deferral of separation, retirement or transfer under
subsection (a) may not extend for more than 30 days after competition
of the evaluation requiring hospitalization or medical observation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``14519. Deferment of retirement or separation for medical reasons.''.
SEC. 512. CHANGE DEFINITION OF WEAPON OF MASS DESTRUCTION.
(a) Selected Reserve and Individual Ready Reserve Support for
Responses to Certain Emergencies.--Section 12304(i)(2) of title 10,
United States Code, is amended by striking ``section 1403 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2302(1))'' and inserting ``section 2332a(c)(2) of title 18''.
(b) Reserve and National Guard Duties Relating to Defense Against
Weapons of Mass Destruction.--Section 12310(c)(1) of such title is
amended by striking ``section 1403 of the Defense Against Weapons of
Mass Destruction Act of 1996 (50 U.S.C. 2302(1))'' and inserting
``section 2332a(c)(2) of title 18''.
SEC. 513. EXPANSION OF RESERVE COMPONENT DELAYED TRAINING PROGRAM.
Section 12103(d) of title 10, United States Code, is amended by
striking ``270 days'' and inserting ``one year''.
Subtitle C--Military Spouses and Survivor Benefit Plan Matters
SEC. 521. PROHIBITING PAYMENTS OF RETIRED PAY FROM MEMBERS ON ACTIVE
DUTY.
Paragraph (3) of section 1408(c) of title 10, United States Code,
is amended by adding at the end the following new sentence: ``With
respect to any divorce, dissolution of marriage, annulment, or legal
separation, regardless of when the divorce, dissolution of marriage,
annulment, or legal separation took or takes effect, a court shall not
order a member on active duty, while the member remains on active duty,
to make a payment to a spouse or former spouse when such payment is
attributable to the treatment of disposable retired pay as the property
of the member and member's spouse.''.
SEC. 522. REVOCATION OF ``TEN-YEAR RULE'' FOR DIRECT PAYMENT OF RETIRED
PAY.
(a) Revocation of Ten-Year Rule.--Section 1408(d) of title 10,
United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively.
(b) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month which begins more than 120
days after the date of enactment of this Act and shall apply only to
payments of retired pay for periods beginning on or after the effective
date of this section in the case of any former spouse of a member or
former member of the uniformed services.
SEC. 523. INCREASES FOR DIVISIONS OF RETIRED PAY EXPRESSED AS A DOLLAR
AMOUNT.
(a) Monetary Amount Adjustment.--Section 1408(a)(2)(C) of title 10,
United States Code, is amended by striking ``expressed in dollars'' and
inserting ``expressed as a specific dollar amount, with such amount, if
so ordered, being adjusted in the same manner and at the same time as
retired pay is adjusted to reflect changes in the Consumer Price Index
under section 1401a of this title,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to court orders that become effective after the end
of the 90-day period beginning on the date of enactment of this Act.
SEC. 524. ALLOWING MEMBER TO SUBMIT APPLICATION FOR DIRECT PAYMENT.
(a) Permit Application for Direct Payment by Member.--The first
sentence of paragraph (1) of section 1408(d) of title 10, United States
Code, is amended by inserting ``by a member or former member or the
spouse or former spouse of such member'' after ``the Secretary
concerned''.
(b) Conditions for Direct Payment.--Section 1408(d) of such title
is amended by adding at the end the following new paragraph:
``(8) A former spouse who accepts payment shall be deemed--
``(A) to have consented and agreed to the recovery
of any future overpayments, including recovery by
involuntary collection from the former spouse or his or
her estate; and
``(B) to have agreed to give prompt notice in
writing to the Secretary if--
``(i) the operative court order upon which
payment is based is vacated, modified, or set
aside;
``(ii) the former spouse remarries, if all
or a part of the payment is for alimony; or
``(iii) the former spouse is ineligible for
child support payments due to the death,
emancipation, adoption, or attainment of a
child whose support is provided through direct
payment to a former spouse from retired pay.''.
(c) Effective Date.--The amendments made by this section shall
apply to applications for direct payment of retired pay submitted to
the Secretary concerned after the end of the 90-day period beginning on
the date of enactment of this Act.
SEC. 525. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE COURT ORDER UPON
REQUEST.
(a) Allow Member To Waive Notice and Provide Court Order Upon
Request.--Section 1408(g) of title 10, United States Code, is amended--
(1) by striking ``A person'' and inserting ``Unless notice
is waived by the member, a person''; and
(2) by striking ``(together with a copy of such order)''
and inserting ``and, upon request, a copy of such order''.
(b) Effective Date.--The amendments made by this section shall
apply to court orders received by the Secretary concerned after the end
of the 90-day period beginning on the date of enactment of this Act.
Subtitle D--Military Justice Matters
SEC. 531. COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL
SERVICE.
(a) Composition, Jurisdiction, and Procedures.--Section 326 of
title 32, United States Code, is amended by striking the second
sentence and inserting the following: ``They may have the jurisdiction,
powers, and forms and procedures provided for those courts. Punishments
shall be as provided by the laws of the respective states, territories,
Puerto Rico, or the District of Columbia''.
(b) General Courts-Martial of National Guard Not in Federal
Service.--Section 327 of title 32, United States Code, is amended by
striking subsections (a) and (b) in their entirety and inserting the
following:
``In the National Guard not in Federal service, general, special,
and summary courts-martial may be convened as provided by the laws of
the respective states, territories, Puerto Rico, or the District of
Columbia. General courts-martial for the National Guard not in Federal
service may also be convened by the President. Special courts-martial
for the National Guard not in Federal service may also be convened by
the commanding officer of a garrison, fort, post, camp, air base,
auxiliary air base, or other place where troops are on duty, or of a
regiment, wing, group, detached battalion, separate squadron, or other
detached command. Summary courts-martial for the National Guard not in
Federal service may also be convened by the commanding officer of a
garrison, fort, post, camp, air base, auxiliary air base, or other
place where troops are on duty, or of a regiment, wing, group, detached
battalion, detached squadron, detached company, or other detachment.''.
(c) Conforming Amendments.--
(1) Sections 328, 329, 330, 331, 332, and 333, of title 32,
United States Code, are repealed.
(2) The table of sections at the beginning of chapter 3 of
such title is amended by striking the items relating to
sections 328, 329, 330, 331, 332, and 333.
Subtitle E--Other Matters
SEC. 541. VEHICLE STORAGE IN LIEU OF TRANSPORTATION WHEN MEMBER IS
ORDERED TO NON-FOREIGN DUTY STATION OUTSIDE CONTINENTAL
UNITED STATES.
Section 2634 of title 10, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by inserting after ``to a foreign country'' the
following: ``or to a non-foreign area outside the
continental United States''; and
(B) by inserting after ``into that country'' the
following: ``or area''; and
(2) in subsection (h), by adding at the end the following
new paragraph:
``(3) The term `non-foreign area outside the continental
United States' means the States of Alaska and Hawaii, the
Commonwealths of Puerto Rico and the Northern Mariana Islands,
Guam, and other territories and possessions of the United
States.''.
SEC. 542. ADMINISTRATIVE SUPPORT AND SERVICES FOR FOREIGN LIAISON
OFFICERS.
(a) Establishment.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2350l. Administrative services and support for foreign liaison
officers
``(a) Authority.--The Secretary of Defense may provide
administrative services and support to foreign liaison officers
performing duties while such officers temporarily are assigned to
components or commands of the United States Armed Forces. For purposes
of this section, the term `administrative services and support'
includes base or installation operation support services, office space,
utilities, copying services, fire and police protection, and computer
support.
``(b) Reimbursement.--The Secretary of Defense may provide the
services and support authorized under subsection (a) with or without
reimbursement as the Secretary of Defense deems appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter II of chapter 138 is amended by adding at the end the
following new item:
``2350l. Administrative services and support for foreign liaison
officers.''.
TITLE VI--COMPENSATION
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2003.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2003 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2003, the rates
of monthly basic pay for members of the uniformed services within each
pay grade are as follows:
COMMISSIONED OFFICERS\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,474.50 7,719.30 7,881.60 7,927.20 8,129.40
O-7............. 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90
O-6............. 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60
O-5............. 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80
O-4............. 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00
O-3\3\.......... 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50
O-2\3\.......... 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20
O-1\3\.......... 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 8,468.70 8,547.30 8,868.90 8,961.30 9,238.20
O-7............. 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70
O-6............. 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30
O-5............. 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90
O-4............. 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10
O-3\3\.......... 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10
O-2\3\.......... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1\3\.......... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10\2\......... $0.00 $12,077.7 $12,137.1 $12,389.4 $12,829.20
0 0 0
O-9............. 0.00 10,563.60 10,715.70 10,935.60 11,319.60
O-8............. 9,639.00 10,008.90 10,255.80 10,255.80 10,255.80
O-7............. 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90
O-6............. 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90
O-5............. 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60
O-4............. 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40
O-3\3\.......... 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10
O-2\3\.......... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1\3\.......... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for commissioned officers in pay grades 0-7
through O-10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other
officers may not exceed the rate of pay for level V of the Executive
Schedule.
\2\Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, the rate of
basic pay for this grade is $14,155.50, regardless of cumulative years
of service computed under section 205 of title 37, United States Code.
\3\This table does not apply to commissioned officers in pay grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,883.50 $4,069.50
O-2E............ 0.00 0.00 0.00 3,410.70 3,481.20
O-1E............ 0.00 0.00 0.00 2,746.80 2,933.70
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00
O-2E............ 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10
O-1E............ 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40
O-2E............ 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10
O-1E............ 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70
------------------------------------------------------------------------
WARRANT OFFICERS\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10
W-3.............. 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00
W-2.............. 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30
W-1.............. 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00
W-3.............. 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60
W-2.............. 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90
W-1.............. 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30
W-4.............. 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50
W-3.............. 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00
W-2.............. 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30
W-1.............. 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50
------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for warrant officers may not exceed the rate
of pay for level V of the Executive Schedule.
ENLISTED MEMBERS\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9\2\........... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40
E-6.............. 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10
E-5.............. 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00
E-4.............. 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00
E-3.............. 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. \3\ 1,150.80 1,150.80 1,150.80 1,150.80
1,150.80
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9\2\........... $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00
E-8.............. 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00
E-7.............. 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30
E-6.............. 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10
E-5.............. 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30
E-4.............. 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00
E-3.............. 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9\2\........... $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40
E-8.............. 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20
E-7.............. 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40
E-6.............. 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60
E-5.............. 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30
E-4.............. 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00
E-3.............. 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
------------------------------------------------------------------------
\1\Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for enlisted members may not exceed the rate
of pay for level V of the Executive Schedule.
\2\Subject to the preceding footnote, while serving as Sergeant Major of
the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $5,732.70, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\In the case of members in pay grade E-1 who have served less than 4
months on active duty, the rate of basic pay is $1,064.70.
SEC. 602. INCREASE BASIC ALLOWANCE FOR SUBSISTENCE FOR MEMBERS FORCED
TO PURCHASE MEALS OUTSIDE MESSING FACILITY.
Section 402(d) of title 37, United States Code, is amended to read
as follows:
``(d) Special Rule for Certain Enlisted Members.--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 basic allowance for subsistence rate twice the amount prescribed in
paragraph (b)(2) for an enlisted member assigned to single Government
quarters when--
``(1) the Government messing facility that serves the
single Government quarters to which the member is assigned is
not able to make meals available to the member, and
``(2) there are no adequate food storage or preparation
facilities in the single Government quarters.''.
SEC. 603. EXTENSION OF BASIC HOUSING ALLOWANCE FOR LOW COST OR NO COST
MOVES TO MOVES OUTSIDE THE UNITED STATES.
Section 403 of title 37, United States Code, is amended--
(1) by striking subsection (b)(7);
(2) by redesignating subsections (d) through (n) as
subsections (e) through (o), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Low-Cost or No-Cost Moves.--In the case of a member who is
assigned to duty, the location or the circumstances of which make it
necessary that the member be reassigned under the conditions of low-
cost or no-cost permanent change of station or permanent change of
assignment, the member may be treated as if the member were not
reassigned if the Secretary concerned determines that it would be
inequitable to base the member's entitlement to, and amount of, a basic
allowance for housing on the cost of housing in the area to which the
member is reassigned.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2002'' and
inserting ``September 30, 2004''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking ``December 31, 2002''
and inserting ``September 30, 2004''.
(c) Enlistment Bonus.--Section 309(e) of title 37, United States
Code, is amended by striking ``December 31, 2002'' and inserting
``September 30, 2004''.
(d) Retention Bonus for Members Qualified in a Critical Military
Skill.--Section 323(i) of title 37, United States Code, is amended by
striking ``December 31, 2002'' and inserting ``September 30, 2004''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of title 37, United States Code, is amended by striking
``December 31, 2002'' and inserting ``September 30, 2004''.
(f) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2002'' and inserting ``December 31,
2004''.
(g) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2004''.
(h) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of
title 37, United States Code, is amended by striking ``December 31,
2002'' and inserting ``December 31, 2004''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES, NURSE,
ANESTHETISTS, AND DENTAL OFFICERS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2002'' and inserting ``September 30, 2004''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2002'' and inserting ``September 30, 2004''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking
``December 31, 2002'' and inserting ``September 30, 2004''.
(d) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2002'' and inserting ``September 30, 2004''.
SEC. 613. 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, 2002'' and inserting ``December
31, 2003''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title
37, United States Code, is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of title 37, United States Code, is
amended by striking ``December 31, 2002'' and inserting ``December 31,
2003''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of title
37, United States Code, is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.
(g) Prior Service Reenlistment Bonus.--Section 308i(f) of title 37,
United States Code, is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(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, 2003'' and
inserting ``January 1, 2004''.
SEC. 614. INCREASE PRIOR SERVICE ENLISTMENT BONUS.
Section 308i(b)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$5,000'' and
inserting ``$8,000'';
(2) in subparagraph (B), by striking ``$2,500'' and
inserting ``$4,000''; and
(3) in subparagraph (C), by striking ``$2,000'' and
inserting ``$3,500''.
SEC. 615. AUTHORIZE PAYMENT OF DISTRIBUTION INCENTIVE PAY.
(a) In General.--Chapter 5 of title 37, United States Code, is
amended by inserting after section 305a the following new section:
``Sec. 305b. Special pay: distribution incentive pay
``(a) Entitlement.--A member of an armed force who is entitled to
basic pay and is on duty in an assignment designated by the Secretary
of Defense may be paid distribution incentive pay at a monthly rate
established by the Secretary concerned not to exceed $1,500.
``(b) Eligibility.--(1) For an assignment to be qualified for an
award of the distribution incentive pay authorized in subsection (a),
the assignment must be designed by the Secretary to attract volunteers
to agree to serve--
``(A) in less-than-desirable locations; and
``(B) if assignment to certain locations are difficult-to-
fill only in certain occupational specialities, then further
limit the pay to personnel in those specialities who are
required to fill the difficult-to-fill positions.
``(2) In order to receive pay under this section, a member may not
be receiving pay under this title or have received a bonus under this
title for service in a particular geographical location.
``(c) Duration of Distribution Incentive Pay.--A member will
continue to receive special pay under this section during absences from
the qualifying assignment for temporary duty pursuant to military
orders or for authorized periods of leave. The special pay will be
terminated upon the member's permanent separation from the qualifying
assignment pursuant to military orders.
``(d) Sunset.--No distribution incentive pay may be paid under this
section with respect to the assignment to a hard-to-fill career
position or for service in a less-than-desirable geographic location
after December 31, 2007.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
305a the following new item:
``305b. Special pay: distribution incentive pay.''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. EQUITABLE COMPENSATION SUPPORT FOR MILITARY FUNERAL HONORS.
Section 1491 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (b)(2), by striking
``(other than members in a retired status)'' and inserting ``or
military retirees''.
(2) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``Transportation, or a flat rate daily stipend established
annually by the Secretary of Defense that will encompass costs
for transportation and other miscellaneous expenses for a
person who participates in the funeral honors detail and is not
a member of the armed forces or an employee of the United
States.'';
(B) in paragraph (2), by inserting ``military
retirees,'' after ``training for''; and
(C) by adding at the end the following new
paragraph:
``(4) Notwithstanding any other provision of law, the
stipend paid under this subsection to a retired member of the
armed forces shall be in addition to any other compensation
authorized to which the retired member may be entitled.''.
SEC. 622. EXPANSION OF OVERSEAS TOUR EXTENSION BENEFITS.
Section 705(b)(2) of title 10, United States Code, is amended to
read as follows:
``(2) a period of rest and recuperation absence for not
more than 15 days and round-trip transportation at Government
expense from the location of the extended tour of duty to the
nearest port in the 48 contiguous States, or to an alternate
location at a cost not to exceed the cost to the nearest port
in the 48 contiguous States, and return.''.
SEC. 623. EXTENSION OF PERIOD FOR USE OF LEAVE TRAVEL ENTITLEMENT FOR
CONSECUTIVE OVERSEAS TOURS.
Section 411b(a)(2) of title 37, United States Code, is amended to
read as follows:
``(2) Under the regulations referred to in paragraph (1), a
member may defer the travel for which the member is paid travel
and transportation allowances under such paragraph until any
time before the completion of that consecutive tour of duty at
the same duty station or at another duty station also outside
the 48 contiguous States and the District of Columbia, as the
case may be.''.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 631. CLARIFICATION OF DISABILITY SEVERANCE PAY COMPUTATION.
Paragaph (2) of section 1212(a) of title 10, United States Code, is
amended--
(1) in subparagraph (C) by striking ``for promotion''; and
(2) in subparagraph (D) by striking ``for promotion'' after
``examination''.
SEC. 632. AUTHORITY TO INCREASE RETIRED PAY FOR ENLISTED RESERVE
COMPONENT PERSONNEL DECORATED FOR EXTRAORDINARY HEROISM.
Section 12739 of title 10, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) If a member who is retired under section 12731 of this title
has been credited by the Secretary concerned with extraordinary heroism
in the line of duty, the member's retired pay shall be increased by 10
percent of the amount determined under subparagraph (a) (but to not
more than 75 percent of the retired pay base upon which the computation
of such retired pay is based). The Secretary's determination as to
extraordinary heroism is conclusive for all purposes.''; and
(3) by amending subsection (c), as redesignated by
paragraph (1), to read as follows:
``(c) The amount computed under subsection (a), to include the
increase authorized in subsection (b) when appropriate, may not exceed
75 percent of the retired pay base upon which the computation is
based.''.
SEC. 633. SURVIVOR BENEFIT PLAN; MULTIPLE BENEFICIARIES.
(a) Permit Spouse and Former Spouse Coverage.--Section 1448(b)(2)
of title 10, United States Code, related to former spouse coverage upon
becoming a participant in the Plan, is amended--
(1) in subparagraph (B), related to the effect of former
spouse election on spouse or dependent child--
(A) by striking ``prevents payment'' and inserting
``reduces the amount,''; and
(B) by striking ``including payment'' and inserting
``including the amount of an annuity''.
(2) in subparagraph (C), related to designation if more
than one former spouse, by striking ``which former spouse is to
be provided the annuity,'' and inserting ``the base amount
applicable in determining the amount of the annuity of each
former spouse.''.
(b) Permit Spouse and Former Spouse Annuities.--Section 1450(a)(1)
of such title 10, related to payment of annuity to surviving spouse and
former spouse, is amended to read as follows:
``(1) Surviving spouse and former spouse(s).--The eligible
surviving spouse and every eligible former spouse.''.
(c) Permit Reductions in Retired Pay in the Case of Multiple
Beneficiaries.--Section 1452 of such title 10, related to reduction in
retired pay, is amended by adding at the end thereof the following new
subsection (k) as follows:
``(k) Reductions in Retired Pay in the Case of Multiple
Beneficiaries.--When a participant in the Plan has elected to provide
an annuity to a spouse and to one or more former spouses, reductions in
retired pay required by subsection (a) shall be made for each annuity
elected, in an amount based on the base amount applicable to each
annuity. In the case of a reduction in retired pay to provide an
annuity to a former spouse to whom payment of a portion of a member's
retired pay is being made pursuant to a court order under section 1408
of this title, such reduction in retired pay shall be deducted from the
amounts paid to such member, to such former spouse, or both, as
provided by court order or by agreement of the parties.''.
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) apply with respect to elections made on or after the date of
enactment of this Act. Any election to provide an annuity to a spouse
or former spouse who was prevented from being a beneficiary under the
laws in effect before the date of enactment of this Act shall be made
within 180 days following the date of enactment of this Act.
(e) Coverage for Survivors of Retirement-
Eligible Members Who Die on Active Duty.--(1) Section 1448(d)(3) of
such title 10, related to mandatory former spouse annuity for survivor
of retirement-eligible members who die on active duty, is amended by
striking the dash following ``the Secretary'' and ``(A) may not pay an
annuity under paragraph (1) or (2); but (B)''.
(2) Section 1448(d)(5) of such title 10, related to the computation
of the amount of an annuity for survivors of retirement-eligible
members who die on active duty, is amended to read as follows:
``(5) Computation.--(A) The amount of an annuity payable to
a former spouse pursuant to paragraph (3) shall be computed on
the basis of a base amount equal to the amount of retired pay
that, under the authority of section 1408(c) of this title, is
treated under a court order or spousal agreement as the
property of such former spouse.
``(B) The amount of an annuity payable under paragraph (1)
or paragraph (2) shall be computed under section 1451(c) of
this title, however, the retired pay otherwise applicable with
respect to such computation shall be reduced by an amount equal
to the base amount that provides the basis for computing the
amount of an annuity payable to a former spouse under paragraph
(3) this subsection.''.
(3) Effective Date.--The amendments made by subsection (e) shall
apply with respect to survivors of retirement-eligible members who die
on active duty on or after the date of enactment of this Act.
(f) Coverage for Survivors of Persons Dying When Eligible To Elect
Reserve-Component Annuity.--(1) Section 1448(f)(3) of such title 10,
related to mandatory former spouse annuity for survivor of persons
dying when eligible to elect reserve-component annuity, is amended by
striking the dash following ``the Secretary'' and ``(A) may not pay an
annuity under paragraph (1) or (2); but (B)''.
(2) Section 1448(f)(4) of such title 10, related to the computation
of the amount of an annuity for survivors of persons dying when
eligible to elect reserve-component annuity, is amended to read as
follows:
``(4) Computation.--(A) The amount of an annuity payable to
a former spouse pursuant to paragraph (3) shall be computed on
the basis of a base amount equal to the amount of retired pay
that, under the authority of section 1408(c) of this title, is
treated under a court order or spousal agreement as the
property of such former spouse.
``(B) The amount of an annuity payable under paragraph (1)
or paragraph (2) shall be computed under section 1451(c) of
this title, however, the retired pay otherwise applicable with
respect to such computation shall be reduced by an amount equal
to the base amount that provides the basis for computing the
amount of an annuity payable to a former spouse under paragraph
(3) of this subsection.''.
(3) Effective Date.--The amendments made by subsection (f) shall
apply with respect to survivors of persons eligible to elect reserve-
component annuity retirement-eligible members who die on or after the
date of enactment of this Act.
SEC. 634. SURVIVOR BENEFIT PLAN; PRESUMPTIVE PROPORTIONATE SHARE.
(a) Presumptive Base Amount for Former Spouse.--Section 1447(6) of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) Presumptive proportionate amount for former
spouse.--In the case of an annuity provided under the
Plan for a former spouse, unless otherwise agreed to by
the member and former spouse or ordered by a court,
such term means any amount of monthly retired pay,
which is not less than $300, payable to such former
spouse as a result of a court treating disposable
retired pay of a member as the property of the member
and his spouse under the authority of section
1408(c).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to divorces, dissolutions, annulments, and legal
separations that become effective after the end of the 90-day period
beginning on the date of enactment of this Act.
SEC. 635. SURVIVOR BENEFIT PLAN; FINANCIAL RESPONSIBILITY FOR SURVIVOR
BENEFIT PLAN PARTICIPATION.
(a) Change to Disposable Retired Pay.--Section 1452(a) of title 10,
United States Code, is amended--
(1) in paragraph (1), by inserting ``paragraph 6 of this
subsection or'' before ``subsection b''; and
(2) by adding at the end the following new paragraph:
``(6) If a court order requires the former spouse to pay
all or a part of the costs associated with providing an annuity
to the former spouse, the participant's retired pay shall not
be reduced by the portion that the former spouse is required to
pay.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to divorces, dissolutions, annulments, or legal
separations that become effective after the end of the 90-day period
beginning on the date of enactment of this Act and with respect to
court orders issued after the date of enactment of this Act modifying
court orders issued before the date of enactment of this Act.
Subtitle E--Other Matters
SEC. 641. REPEAL OF LIMITED EXEMPTION FROM BAN ON HONORARIA FOR
PERSONNEL AT CERTAIN DEPARTMENT OF DEFENSE SCHOOLS.
Section 542 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2413) is repealed.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
SEC. 701. IMPROVEMENT IN THE ADMINISTRATION OF THE TRICARE PROGRAM.
Section 1072(7) of title 10, United States Code, is amended by
striking ``the competitive selection of contractors to financially
underwrite the delivery of health care services'' and inserting ``the
competitive selection of contractors to support most effectively the
delivery of health care services''.
SEC. 702. DEPENDENT DENTAL CARE ENHANCEMENTS.
(a) Enable Dependents of Members Who Die While on Active Duty for
More Than 30 Days To Enroll in TRICARE Dental Program.--Section
1076a(k)(2) of title 10, United States Code, is amended by inserting
``(or, if not enrolled, if the member discontinued participation under
subsection (f))'' after ``subsection (a)''.
(b) Authority To Provide Limited Dental Care to Dependents Enrolled
in a Dental Care Plan.--Section 1077(c) of such title is amended--
(1) by striking ``and'' following ``the United States'';
and
(2) by inserting before the period at the end of the
following: ``, and other dental care in special circumstances
as determined under regulations issued by the Secretary of
Defense''.
Subtitle B--Senior Health Care
SEC. 711. IMPROVEMENTS REGARDING THE DEPARTMENT OF DEFENSE MEDICARE-
ELIGIBLE RETIREE HEALTH CARE FUND.
(a) Source of Funds for Monthly Accrual Payments Into the Fund.--
Section 116(c) of title 10, United States Code, is amended to read as
follows:
``(c) Amounts paid into the Fund under subsection (a) shall be paid
from funds available for the pay of members of the participating
uniformed services under the jurisdiction of the respective
administering Secretaries.''.
(b) Mandatory Participation of Other Uniformed Services.--Section
1111(c) of such title is amended--
(1) in the first sentence, by striking ``may enter into an
agreement with any other administering Secretary'' and
inserting ``shall enter into an agreement with each other
administering Secretary''; and
(2) in the second sentence, by striking ``Any'' and
inserting ``Each''.
(c) Exclusion of Cadets and Midshipmen.--Section 1111(b) of such
title is amended by adding at the end the following new paragraph:
``(5) The term `members of the uniformed services on active
duty' does not include a cadet at the United States Military
Academy, the United States Air Force Academy, or the Coast
Guard Academy, or a midshipman at the United States Naval
Academy.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. LIVE-FIRE WAIVER AUTHORITY.
Paragraph (1) of section 2366(c) of title 10, United States Code,
is amended by inserting ``or at the beginning of remaining system
development and demonstration or production and deployment when that
phase is the first phase of the program as a major defense acquisition
program as defined in section 2399(a)(2) of this title,'' after
``program enters system development and demonstration,''.
SEC. 802. REPEAL OF CERTIFICATION OF FUNDING FOR SUPPORT COSTS IN THE
FUTURE YEARS DEFENSE PROGRAM.
Section 2306b(i)(1) of title 10, United States Code, is amended--
(1) by striking ``each of the following conditions is
satisfied:'';
(2) by striking subparagraph (A); and
(3) by striking ``(B) The'' and inserting ``the''.
SEC. 803. AUTHORITY TO WAIVE DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) In General.--Subchapter V of chapter 148 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2539c. Waiver of domestic source or content requirements
``(a) Authority.--Subject to subsections (c) and (d), and except as
provided in subsection (e), the Secretary of Defense may waive the
application of any domestic source requirement or domestic content
requirement referred to in subsection (b) and thereby authorize the
procurement of items that are grown, reprocessed, reused, produced, or
manufactured--
``(1) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement with the
United States;
``(2) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement with the
United States substantially from components and materials
grown, reprocessed, reused, produced or manufactured in the
United States or any foreign country that has a reciprocal
defense procurement memorandum of understanding or agreement with the
United States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a reciprocal defense procurement memorandum of
understanding or agreement with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense must satisfy its needs
for an item by procuring an item that is grown, reprocessed,
reused, produced, or manufactured in the United States or by a
manufacturer that is a part of the national technology and
industrial base (as defined in section 2500(1) of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense must satisfy its needs
for an item by procuring an item produced or manufactured
partly or wholly from components and materials grown,
reprocessed, reused, produced, or manufactured in the United
States.
``(c) Applicability.--The authority to the Secretary to waive the
application of the domestic source or content requirements under
subsection (a) applies to the procurement of items for which the
Secretary of Defense determines--
``(1) that application of the requirement would impede the
reciprocal procurement of defense items under a memorandum of
understanding providing for reciprocal procurement of defense
items between a foreign country and the United States in
accordance with section 2531 of this title, and
``(2) that country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items produced
in that country.
``(d) Implementation.--The authority to the Secretary to waive the
application of the domestic source or content requirements under
subsection (a) may not be delegated below the Under Secretary of
Defense for Acquisition, Technology and Logistics. Any such waiver may
be granted only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary of State.
``(e) Laws Not Waivable.--The Secretary of Defense may not exercise
the authority under subsection (a) to waive any domestic source or
content requirement contained in the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46-48c).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(f) Relationship to Other Waiver Authority.--The authority under
subsection (a) to waive a domestic source requirement or domestic
content requirement is in addition to any other authority to waive such
requirement.
``(g) Application to Future Laws.--This section applies to domestic
source requirements and domestic content requirements enacted before,
on, or after the effective date of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter V is amended by inserting after the item relating to
section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
SEC. 804. PURCHASE OF DINITROGEN TETROXIDE, HYDRAZINE, AND HYDRAZINE-
RELATED PRODUCTS.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by inserting after section 2410m. the following new section:
``Sec. 2410n. Purchase of dinitrogen tetroxide, hydrazine and
hydrazine-related products
``The Secretary of Defense may enter into contracts, for a period
of up to ten years, for the purchase of dinitrogen tetroxide,
hydrazine, and hydrazine-related products for contracts in support of
either United States national security programs or Federal space
programs. Contracts awarded under this provision may include renewal
options covering a total period of not more than ten additional
years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
Chapter 141 by adding at the end the following item:
``2410n. Purchase of dinitrogen tetroxide, hydrazine and hydrazine-
related products.''.
Subtitle B--Use of Preferred Sources
SEC. 811. ELIGIBILITY OF HUBZONE SMALL BUSINESS CONCERNS AND SMALL
BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-
DISABLED VETERANS UNDER THE MENTOR PROTEGE PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 2302 note), is amended--
(1) by striking ``or'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting a semi-colon; and
(3) by adding at the end the following new subparagraphs:
``(F) a qualified HUBZone small business concern,
as defined in section 3(p)(5)(A) of the Small Business
Act (15 U.S.C. 632(p)(5)(A)); or
``(G) a small business concern owned and controlled
by Service-disabled veterans, as defined in section
3(q)(2) of the Small Business Act (15 U.S.C.
637(q)(2)).''.
Subtitle C--General Contracting Procedures and Limitations
SEC. 821. CONTRACTING FOR SECURITY GUARDS.
Section 2465 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(2) by inserting at the end the following new subsection
(c):
``(c) Funds appropriated to the Department of Defense may be
obligated and expended for the purpose of entering into a contract for
the performance of security guard functions provided that the Secretary
of Defense determines that such contract is necessary because the
provision of such services by government personnel is not cost
effective or practical.''.
SEC. 822. DEMONSTRATION PROJECT USING MULTI-YEAR CONTRACTS FOR
ENVIRONMENTAL REMEDIATION.
(a) Authority.--The Secretary of a military department may conduct
a demonstration project to test the feasibility of using fixed-price
multi-year contracts with incremental funding to obtain environmental
remediation services. To the extent that funds are otherwise available
for obligation, each such Secretary may enter into not more than four
contracts. Payments under the contracts may be made with funds
appropriated for the fiscal year during which the services or
facilities will be provided.
(b) Location of Remediation.--Any contract entered into under the
authority provided in subsection (a) shall be limited to environmental
remediation services or facilities for an active military installation,
an installation being closed or realigned under base realignment, and
closure procedures of a formerly-used defense site. Each demonstration
project shall be limited to not more than for installations or defense
sites with varied size and contaminant complexity.
(c) Time Limitation.--A multi-year contract entered into pursuant
to subsection (a) may not exceed a period of five years. All such
contracts, to the extent practicable, shall be awarded within a year
after the enactment of this Act.
(d) Contract Cancellations.--A contract under this section may
include cancellation provisions to the extent that such provisions are
necessary and in the best interests of the United States. The
cancellation provisions may include consideration of both recurring and
nonrecurring costs of the contractor associated with the provision of
services or facilities under a contract entered into pursuant to this
section.
(e) Cancellation or Termination for Insufficient Funding.--In the
event funds are not available for the continuation into a subsequent
fiscal year of a contract entered into pursuant to this section, the
contract shall be canceled or terminated. The costs of such
cancellation or termination may be paid from--
(1) appropriations originally available for the performance
of the contract concerned, if available;
(2) appropriations currently available for the procurement
of environmental remediation services or facilities, and not
otherwise obligated; or
(3) funds appropriated for those payments.
SEC. 823. MICRO-PURCHASE EXCEPTION FOR BALL AND ROLLER BEARINGS.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by inserting after section 2410m the following new section:
``Sec. 2410n. Micro-purchase exception for ball and roller bearings.
``The Secretary of Defense may purchase ball and roller bearings
from any source if the purchase is at or below the micro-purchase
threshold as defined in section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428). the authority for the Secretary to purchase
ball and roller bearings from any source is exclusive of any other
provision of law relating to public contracts or the procurement of
goods other than United States goods.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 141 of title 10, United States Code, is amended by inserting
after the item relating to section 2410m the following new item:
``2410n. Micro-purchase exception for ball and roller bearings.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Organization
SEC. 901. CERTIFICATION FOR DEPARTMENT OF DEFENSE PROFESSIONAL
ACCOUNTING POSITIONS.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599d. Department of Defense's professional accounting positions
``(a) Professional Certification.--Notwithstanding any other
provision of law or regulation, the Secretary of Defense, or an
appointed designee, has sole and exclusive discretion to establish
professional certification and credential standards, and waive such
standards, for the Department of Defense's professional accounting
positions as deemed appropriate by the Secretary.
``(b) Definition.--For purposes of this section, the term
`professional accounting position' means a position or group of
positions within the Department of Defense in the GS-510, GS-511, and
GS-505 series that involve professional accounting work.
``(c) Effective Date.--Standards established pursuant to this
section may take effect no sooner than 120 days after the effective
date of this Act.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1599c the following new item:
``1599d. Certification for the Department of Defense's professional
accounting positions.''.
SEC. 902. CONSEQUENCE MANAGEMENT PROGRAM INTEGRATION OFFICE.
Paragraph (3) of section 12310(c) of title 10, United States Code,
is amended by striking ``only--
``(A) while assigned to the Department of Defense
Consequence Management Program Integration Office; or
``(B) while assigned'' and inserting ``only while
assigned''.
Subtitle B--Financial Management
SEC. 911. PECUNIARY LIABILITY EQUALIZATION.
(a) Extension of Report of Survey Procedures to Members of the
Navy, Marine Corps, and All Civilian Employees of the Department of
Defense.--Chapter 165 of title 10, United States Code, is amended by
inserting after section 2786 the following new section:
``Sec. 2787. Reports of survey
``(a) Regulations.--Under such regulations as the Secretary of
Defense may prescribe, any military officer or any civilian employee of
the Department of Defense designated in accordance with the provisions
of such regulations may act upon reports of surveys and vouchers
pertaining to the loss, spoilage, unserviceability, unsuitability, or
destruction of, or damage to, property of the United States under the
control of the Department of Defense.
``(b) Finality of Action.--Action taken under subsection (a) is
final, except that action holding a person pecuniarily liable for loss,
spoilage, destruction, or damage is not final until approved in
accordance with the provisions of the regulations prescribed under
subsection (a).''.
(b) Extension of Provision Pertaining to Damage or Repair of Arms
and Equipment to Members of the Navy and Marine Corps.--Section 1007(e)
of title 37, United States Code, is amended by striking ``Army or the
Air Force'' and inserting ``Army, Navy, Air Force or Marine Corps''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 165 of title 10, United States Code, is amended by inserting
after the item relating to section 2786 the following new item:
``2787. Reports of survey.''.
(d) Repeal of Superseded Provisions.--(1) Sections 4835 and 9835 of
such title 10 are repealed.
(2) The table of sections at the beginning of chapters 453 and 953
of such title 10 are amended by striking the items relating to sections
4835 and 9835, respectively.
SEC. 912. ACCOUNTABLE OFFICIALS IN THE DEPARTMENT OF DEFENSE.
(a) Additional Accountable Officials Within the Department of
Defense.--Chapter 165 of title 10, United States Code, is amended by
inserting after section 2773 the following new section:
``Sec. 2773a. Departmental accountable officials
``(a) Designation.--The Secretary of Defense may designate, in
writing, a civilian employee or a member of the armed forces under the
Secretary's jurisdiction, who is not otherwise accountable under
subtitle III of title 31 or other law, as a departmental accountable
official. The Secretary may so designate those employees or members
who, in the performance of their duties, are responsible for providing
to certifying officials of the Department of Defense information, data,
or services directly relied upon by the certifying officials in the
certification of vouchers for payment.
``(b) Pecuniary Liability.--The Secretary of Defense may, in a
designation under subsection (a), impose pecuniary liability on a
departmental accountable official to the extent that an illegal,
improper, or incorrect payment results from the information, data, or
services which that official provided to a certifying official and upon
which the certifying official directly relied in certifying the voucher
supporting that payment. The pecuniary liability under this subsection
of a departmental accountable official for an illegal, improper, or
incorrect payment is joint and several with that of other officials who
are pecuniarily liable for such payment.
``(c) Relief From Pecuniary Liability.--The Secretary of Defense
shall relieve a departmental accountable official from pecuniary
liability under subsection (b) if the Secretary determines that the
illegal, improper, or incorrect payment was not the result of fault or
negligence by that official.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 165 of title 10 is amended by inserting after the item
relating to section 2773 the following new item:
``2773a. Departmental accountable officials.''.
SEC. 913. FAILURE TO PARTICIPATE SATISFACTORILY; PENALTIES.
Section 16135 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) Subject to paragraph (a)(2), an obligation to pay a refund
to the United States under subparagraph (a)(1)(B) in an amount
determined under subsection (b) is, for all purposes, a debt owed to
the United States.
``(2) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an enlistment or other
agreement under this section does not discharge the person signing such
enlistment or other agreement from a debt arising under the enlistment
or agreement, respectively, of this subsection.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER OF FUNDS WITHIN ACQUISITION PROGRAMS; PROCEDURES
AND LIMITATIONS.
Section 2214 of title 10, United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Limited Transfer Authority.--The Secretary of Defense may
transfer amounts provided in appropriation acts for procurement to
amounts in appropriations Acts for research, development, test, and
evaluation within individual acquisition category I and II programs not
to exceed $250 million per year and $20 million per acquisition
program. A transfer for the purpose of initiating research,
development, testing, or evaluation of a new program or system is
prohibited. The transfer authority provided in this subsection is in
addition to any other transfer authority available to the Secretary of
Defense.''.
SEC. 1002. REIMBURSEMENT FOR RESERVE INTELLIGENCE SUPPORT.
(a) In General.--Chapter 1003 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 10115. Reimbursement for reserve intelligence support
``The Secretary of Defense or the Secretary concerned may reimburse
a Reserve or National Guard unit or organization for the pay,
allowances, or other expenses incurred by the Reserve or National Guard
unit or organization when a member of the Reserve or National Guard
unit or organization provides intelligence support, counterintelligence
support, or intelligence and counterintelligence support to Combatant
Commands, Defense Agencies, and Joint Intelligence Activities,
including but not limited to the activities and programs within the
National Foreign Intelligence Program, the Joint Military Intelligence
Program, and the Tactical Intelligence and Related Activities.
Reimbursement shall be paid out of funds available for operations and
maintenance of the military departments, combatant commands, or Defense
Agencies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``10115. Reimbursement for reserve intelligence support.''.
SEC. 1003. AUTHORITY TO WAIVE REIMBURSEMENT OF ASIA-PACIFIC CENTER FOR
SECURITY STUDIES CHARGES.
(a) Waiver of Charges.--The Secretary of Defense may waive
reimbursement of the costs of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-Pacific
Center for Security Studies for military officers and civilian
officials of foreign nations of the Asia-Pacific region if the
Secretary determines that attendance by such personnel, without
reimbursement, is in the national security interest of the United
States.
(b) Funding.--Costs for which reimbursement is waived pursuant to
paragraphs (1) shall be paid from appropriations available for the
Asia-Pacific Center for Security Studies.
SEC. 1004. CROSS-FISCAL YEAR COOPERATIVE AGREEMENTS FOR ENVIRONMENTAL
PURPOSES.
(a) Cross-Fiscal Year Environmental Cooperative Agreements.--
Section 2410a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``contract for procurement'' and
inserting ``contract, or a cooperative agreement
entered into under section 2701(d) of this title, for procurement'';
(B) by striking ``the next'' and inserting
``another'';
(C) by striking ``period of the contract'' and
inserting ``period of the contract or the cooperative
agreement''; and
(D) by striking ``contract period does not exceed
one year'' and inserting ``contract period does not
exceed one year and the cooperative agreement period
does not exceed two years''; and
(2) in subsection (2), by striking the period and inserting
``or of a cooperative agreement entered into under section
2701(d) of this title.''.
(b) Use of Funds From Environmental Accounts.--Section 2703(b)(1)
of such title 10 is amended--
(1) in subparagraph (A), by striking ``and'' following the
semicolon; and
(2) in subparagraph (B) by--
(A) striking the period and inserting
``; and''; and
(B) adding at the end thereof the following new
subparagraph:
``(C) to reimburse, for services provided under
cooperative agreements entered into under section
2701(d) of this title, any department, agency,
instrumentality or entity of--
``(i) the United States;
``(ii) any State, District, commonwealth,
territory or possession of the United States,
or political subdivision thereof; or
``(iii) Indian tribe.''.
(c) Conforming Amendments.--The section heading for section 2410a
of such title 10 is amended by inserting ``and environmental
cooperative agreements'' after ``contracts''.
(2) The table of sections for chapter 141 of such title 10 is
amended by amending the item relating to section 2410a to read as
follows:
``2410a. Severable service contracts and environmental cooperative
agreements crossing fiscal years.''.
Subtitle B--Repeal and Revision of Various Reporting Requirements
SEC. 1011. REPEAL OF VARIOUS REPORTS REQUIRED OF THE DEPARTMENT OF
DEFENSE.
(a) Provisions of Title 10.--Title 10, United States Code, is
amended--
(1) in section 117--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e);
(2) in section 129, by striking subsection (f);
(3) in chapter 7--
(A) section 183 is repealed; and
(B) the table of sections for such chapter 7 is
amended by striking the item relating to section 183;
(4) in chapter 9--
(A) section 230 is repealed; and
(B) the table of sections for such chapter 9 is
amended by striking the item relating to section 230;
(5) in chapter 23--
(A) sections 482, 483, 484, and 487 are repealed;
and
(B) the table of sections for such chapter 23 is
amended by striking the items relating to sections 482,
483, 484, and 487;
(6) in section 526--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c);
(7) in section 721(d)--
(A) by striking paragraph (2); and
(B) by striking the designator ``(1)'' preceding
the remaining matter;
(8) in section 986, by striking subsection (e);
(9) in section 1095(g)--
(A) by striking paragraph (2); and
(B) by striking the designator ``(1)'' preceding
the remaining matter;
(10) in section 1557--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e);
(11) in chapter 80--
(A) section 1563 is repealed; and
(B) the table of sections for such chapter 80 is
amended by striking the item relating to section 1563;
(12) in section 1597, by striking subsections (c) through
(e);
(13) in section 1798, by striking subsection (d);
(14) in section 1799, by striking subsection (d);
(15) in section 2010--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(16) in section 2011, by striking subsection (e);
(17) in section 2208(j)(2), by striking ``and notifies
Congress regarding the reasons for the waiver'';
(18) in section 2220--
(A) by striking subsections (b) and (c); and
(B) by striking ``(a) Establishment of Goals.--'';
(19) in section 2255(b)--
(A) by striking paragraph (2); and
(B) by striking the designator ``(1)'' after the
catchline;
(20) in chapter 136--
(A) section 2282 is repealed; and
(B) the table of sections for such chapter 136 is
amended by striking the item relating to section 2282;
(21) in section 2327(c)(1)--
(A) in subparagraph (A), by striking ``after the
date on which such head of an agency submits to
Congress a report on the contract'' and inserting ``if
in the best interests of the government'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B);
(22) in section 2350a--
(A) in subsection (f)--
(i) by striking paragraph (1);
(ii) by amending the catchline to read
``Report to Congress.--''; and
(iii) by striking the designator ``(2)''
that precedes the remaining matter; and
(B) in subsection (g), by striking paragraph (4);
(23) in section 2350f--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c);
(24) in section 2350k, by striking subsection (d);
(25) in section 2367(d)--
(A) by striking paragraph (1); and
(B) by striking the designator ``(2)'' that
precedes the remaining matter after the catchline;
(26) in section 2391--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively;
(27) in section 2399--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection
(g);
(28) in section 2401--
(A) by striking subsection (b);
(B) by designating subsections (c) through (f) as
subsections (b) through (e), respectively; and
(C) in subsection (a), by striking ``only as
provided in subsection (b)'' both times such phrase
appears in the subsection;
(29) in section 2410i(c), by striking the last sentence;
(30) in section 2457--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively;
(31) in section 2464(b), by striking paragraph (3);
(32) in section 2486(b)(12), by striking all after ``the
Secretary of Defense may prescribe'' and inserting a period;
(33) in section 2492, by striking subsection (c);
(34) in section 2493, by striking subsection (g);
(35) in chapter 148--
(A) section 2504 is repealed;
(B) the table of sections for such chapter 148 is
amended by striking the item relating to section 2504;
(36) in section 2537--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(37) in section 2563(c)(2), by striking ``and notifies
Congress regarding the reasons for the waiver'';
(38) in section 2611--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e);
(39) in section 2631(b)(3), by striking the last sentence;
(40) in section 2662--
(A) by striking subsection (e);
(B) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively; and
(C) in subsection (f), as redesignated by
subparagraph (B), by striking '', and the reporting
requirement set forth in subsection (e) must not apply
with respect to a real property transaction otherwise
covered by that subsection,'';
(41) in section 2667--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively:
(42) in section 2676(d), by striking all after ``is
approved by the Secretary concerned'' and inserting a period;
(43) in section 2688--
(A) by striking subsection (e);
(B) by redesignating subsections (f) through (i) as
subsections (e) through (h), respectively; and
(C) in subsection (f), as redesignated by
subparagraph (B), by striking the last sentence;
(44) in section 2696--
(A) by striking subsections (c) and (d); and
(B) by redesignating subsection (e) as subsection
(c);
(45) in section 2805(b)--
(A) by striking paragraph (2); and
(B) by striking the designator ``(1)'' that
precedes the remaining matter;
(46) in section 2807--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(47) in section 2809, by striking subsection (f);
(48) in section 2812(c)--
(A) by striking paragraph (1);
(B) by striking the designator ``(2)'' that
precedes the remaining matter;
(49) in section 2813, by striking subsection (c);
(50) in section 2827--
(A) by striking subsection (b); and
(B) by striking ``(a) Subject to subsection (b),
the Secretary'' and inserting ``The Secretary'';
(51) in section 2828--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f);
(52) in section 2835--
(A) by striking subsection (b);
(B) by redesignating subsections (c) through (h) as
subsections (b) through (g), respectively; and
(C) in subsection (a), by striking ``Subject to
subsection (b), the Secretary'' and inserting ``The
Secretary'';
(53) in section 2836--
(A) by striking subsection (b);
(B) by redesignating subsections (c) through (g) as
subsections (b) through (f), respectively; and
(C) in subsection (a), by striking ``Subject to
subsection (b), the Secretary'' and inserting ``The
Secretary'';
(54) in section 2837--
(A) in subsection (c)--
(i) by striking paragraph (2); and
(ii) by striking the designator ``(1)''
after the catchline and preceding the remaining
matter;
(B) by striking subsection (f); and
(C) by redesignating subsections (g) and (h) as
subsections (f) and (g);
(55) in section 2867, by striking subsection (c);
(56) in section 4416, by striking subsection (f);
(57) in section 5721(f)--
(A) by striking paragraph (2); and
(B) by striking the designator ``(1)'' after the
catchline and preceding the remaining matter;
(58) in section 9356--
(A) by striking subsection (c);
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively; and
(C) in subsection (a), by striking ``Subject to
subsection (c), the Secretary'' and inserting ``The
Secretary''; and
(59) in section 12302--
(A) in subsection (b), by striking the last
sentence; and
(B) by striking subsection (d).
(b) Defense Acquisition Improvement Act of 1986.--Section 908 of
the Defense Acquisition Improvement Act of 1986 (10 U.S.C. 2326 note)
is amended by striking subsection (b).
(c) National Defense Authorization Act for Fiscal Year 1994.--
Section 542 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1659; 10 U.S.C. 113 note) is
repealed.
(d) National Defense Authorization Act for Fiscal Year 1995.--
Section 553(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2772; 10 U.S.C. 6951 note) is
amended by striking the last sentence.
(e) Ballistic Missile Defense Act of 1995.--Section 234 of the
Ballistic Missile Defense Act of 1995 (Public Law 104-106; 110 Stat.
229, 231; 10 U.S.C. 2431 note) is amended by striking subsection (f).
(f) Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001.--Section 1006 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398 Appendix;
114 Stat. 1654A-247; 10 U.S.C. 2226 note) is amended by striking
subsection (c).
(g) Department of Defense Appropriations Act, 2001.--Section 8019
of the Department of Defense Appropriations Act, 2001 (Public Law 106-
259; 114 Stat. 678; 10 U.S.C. 2687 note) is amended by striking the
last sentence.
(h) Military Construction Appropriations Act, 2001.--Section 125 of
the Military Construction Appropriations Act, 2001 (Division A of
Public Law 106-246; 114 Stat. 517; 10 U.S.C. 2782 note) is repealed.
SEC. 1012. FREQUENCY OF CERTAIN SURVEYS; SECTION 481 OF TITLE 10.
(a) In General.--Section 481 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``an annual survey'' and
inserting ``a survey not less than once every four years'';
(2) in subsection (b)--
(A) by striking ``annual'';
(B) by striking ``the entity'' and inserting ``an
entity''; and
(C) by inserting a period after ``Department of
Defense'' and striking the remainder of the sentence;
(3) in subsection (c), by striking ``annual''; and
(4) in the catchline for the section by striking
``annual''.
(b) Clerical Amendment.--In the table of sections for chapter 23 of
such title 10, in the item relating to section 481, by striking
``annual''.
SEC. 1013. QUADRENNIAL DEFENSE REVIEW.
Section 118(a) of title 10, United States Code, is amended by
striking ``during a year'' and inserting ``during the second year''.
Subtitle C--Other Matters
SEC. 1021. EXPLOSIVES SAFETY BOARD.
(a) Clarification of Authority.--Section 172 of title 10, United
States Code, is amended--
(1) in the title by striking ``Ammunition storage'' and
inserting ``Explosives safety'';
(2) by amending subsection (a) to read as follows:
``(a)(1) The Secretary of Defense is responsible for ensuring the
explosives safety of those military munitions under his control.
``(2) The Secretary may address such safety, as directed in
paragraph (1), through a joint explosives safety board.''; and
(3) in subsection (b), by striking ``Secretaries of the
military departments in carrying out the recommendations in
House Document No. 199 of the Seventieth Congress'' and
inserting ``Secretary of Defense and other Department of
Defense components in implementing explosives safety
standards''.
(b) Clerical Amendment.--The table of sections is amended by
striking the item that refers to section 272 and inserting:
``272. Explosives safety board.''.
SEC. 1022. AUTHORIZE ARMY AND AIR FORCE TO PROVIDE BASE OPERATING
SUPPORT TO FISHER HOUSES.
Section 2493(f) of title 10, United States Code, is amended to read
as follows:
``(f) Base Operating Support.--The Secretary of a military
department may provide base operating support for Fisher Houses
associated with the military department.''.
SEC. 1023. ELIGIBILITY OF INTELLIGENCE SENIOR-LEVEL EMPLOYEES FOR
PRESIDENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Award of Rank to Intelligence Senior Level Employees.--The
President, based on the recommendations of the Secretary of Defense,
may award a rank referred to in section 4507a of title 5 to
Intelligence Senior Level employees. The award of such rank shall be
made in a manner consistent with the provisions of that section.''.
SEC. 1024. AMENDMENT TO AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER
FOR SECURITY STUDIES OF FOREIGN GIFTS AND DONATIONS.
(a) In General.--Section 2611 of title 10, United States code, is
amended--
(1) in the section heading, by striking ``foreign'';
(2) in subsection (a)--
(A) in the catchline, by striking ``Foreign'';
(B) in paragraph (1)--
(i) by striking ``foreign''; and
(ii) by adding at the end the following new
sentence:
``Such donations may be accepted from any agency of the Federal
Government, any State or local government, any foreign
government, any foundation or other charitable organization
(including any that is organized or operates under the laws of
a foreign country), or any other private source in the United
States or a foreign country.'';
(3) in subsection (c), by striking ``foreign''; and
(4) by striking subsection (f).
(b) Clerical Amendment.--The table of sections for chapter 155 of
such title 10 is amended with regard to the item that refers to section
2611 by striking ``foreign''.
TITLE XI--MATTERS RELATING TO OTHER NATIONS
SEC. 1101. EXPANSION OF AUTHORITY TO CONDUCT THE ARCTIC MILITARY
ENVIRONMENTAL COOPERATION PROGRAM.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 23501. Arctic and Western Pacific military environmental
cooperation program
``(a) Cooperative Environmental Program.--Subject to subsection
(b), the Secretary of Defense, with the concurrence of the Secretary of
State, may conduct an Arctic and Western Pacific military environmental
cooperation program.
``(b) Activities Under Program.--(1) Subject to paragraph (2),
activities under an Arctic and Western Pacific military environmental
cooperation program as authorized in subsection (a) shall include
cooperative and assistance activities on environmental matters in the
Arctic and Western Pacific regions with the military departments and
agencies of other countries, including the Russian Federation.
``(2) Activities under the Arctic and Western Pacific Military
Environmental Cooperation Program may not include any activities
related to--
``(A) conducting any peacekeeping exercise or other
peacekeeping-related activity with Russia;
``(B) the provision of housing;
``(C) the provision of assistance to promote an
environmental restoration; or
``(D) the provision of assistance to promote job
retraining.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 138 of such title 10 is amended by inserting after the item
relating to section 2350k, the following new item:
``23501. Arctic and Western Pacific military environmental cooperation
program.''.
(c) Conforming Amendment.--Section 327 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law No.
105-261; 2112 Stat. 1965), is repealed.
SEC. 1102. USE OF WARSAW INITIATIVE FUNDS FOR TRAVEL OF OFFICIALS FROM
PARTNER COUNTRIES.
Section 1051 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2003''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $1,900,000
Alaska.......................................... Fort Wainwright............................ $110,100,000
Arkansas........................................ Pine Bluff Arsenal......................... $18,937,000
Colorado........................................ Fort Carson................................ $1,100,000
Georgia......................................... Fort Benning............................... $66,250,000
Fort Stewart/Hunter Army Air Field......... $26,000,000
Hawaii.......................................... Schofield Barracks......................... $191,000,000
Kansas.......................................... Fort Riley................................. 41,000,000
Kentucky........................................ Blue Grass Army Depot...................... $5,500,000
Fort Campbell.............................. $99,000,000
Louisiana....................................... Fort Polk.................................. $31,000,000
Maryland........................................ Fort Detrick............................... 19,700,000
Missouri........................................ Fort Leonard Wood.......................... $15,500,000
New York........................................ Fort Drum.................................. $1,500,000
North Carolina.................................. Fort Bragg................................. $67,500,000
Pennsylvania.................................... Letterkenny Army Depot..................... $1,550,000
Texas........................................... Fort Hood.................................. $45,000,000
Washington...................................... Fort Lewis................................. $53,800,000
------------------
Total.................................. $796,337,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Belgium........................ Supreme Headquarters, $13,600,000
Allied Powers Europe..
Germany........................ Area Support Group, $17,200,000
Bamberg.
Darmstadt.............. $3,500,000
Grafenwoehr............ $69,866,000
Mannheim............... $42,000,000
Schweinfurt............ $2,000,000
Italy.......................... Vicenza................ $34,700,000
Korea.......................... Camp Carroll........... $20,000,000
Camp Castle............ $6,800,000
Camp Hovey............. $25,000,000
Camp Humphreys......... $36,000,000
Camp Henry............. $10,000,000
K16 Airfield........... $40,000,000
Qatar.......................... Qatar.................. $8,600,000
---------------
Total.................. $329,466,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the 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 Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Unspecified Worldwide.. $4,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... 38 Units..................... $17,752,000
Arizona............................... Yuma Proving Ground...... 33 Units..................... $6,100,000
Germany............................... Stuttgart................ 1 Unit....................... $990,000
Korea................................. Yongsan.................. 10 Units..................... $3,100,000
---------------
Total:............... $27,942,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(6)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $15,653,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $239,751,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $2,282,141,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $628,337,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $329,466,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c), $4,000,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $20,500,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $143,524,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design and improvement of military family housing and
facilities, $283,346,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,122,274,000.
(7) For the construction of phase 4 of an ammunition
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2775), as amended by section
2406 of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and
section 2108 of this Act, $21,000,000.
(8) For the construction of phase 5 of an ammunition
demilitarization facility at Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $42,000,000.
(9) For the construction of phase 5 of an ammunition
demilitarization facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999, as amended by section
2406 of the Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107-107; 115 Stat. 1299),
$30,600,000.
(10) For the construction of phase 3 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 835), as
amended by section 2405 of the Military Construction
Authorization Act for Fiscal Year 2002 (115 Stat. 1298) and
section 2106 of this Act, $10,300,000.
(11) For the construction of phase 3 of an ammunition
demilitarization support facility at Blue Grass Army Depot,
Kentucky, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000,
$8,300,000.
(12) For the construction of phase 3 of a barracks complex,
Butner Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2001 (division B of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, as
enacted into law by Public Law 106-398; 114 Stat. 1654A-389),
$50,000,000.
(13) For the construction of phase 2 of a barracks complex,
D Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (115 Stat. 1280), $21,000,000.
(14) For the construction of phase 2 of a barracks complex,
Nelson Boulevard, at Fort Carson, Colorado, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2002, as amended by section 2105 of this Act,
$42,000,000.
(15) For the construction of phase 2 of a basic combat
trainee complex at Fort Jackson, South Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2002, as amended by section 2105 of this Act,
$39,000,000.
(16) For the construction of phase 2 of a barracks complex,
17th and B Streets at Fort Lewis, Washington, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2002, $50,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $18,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Main
Post, at Fort Benning, Georgia);
(3) $100,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Capron Avenue, at Schofield Barracks, Hawaii); and
(4) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Range
Road, at Fort Campbell, Kentucky).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2002 PROJECTS.
(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1281) is amended--
(1) in the item relating to Fort Carson, Colorado, by
striking ``$66,000,000'' in the amount column and inserting
``$67,000,000''; and
(2) in the item relating to Fort Jackson, South Carolina,
by striking ``$65,650,000'' in the amount column and inserting
``$68,650,000''.
(b) Conforming Amendments.--Section 2104(b) of that Act (115 Stat.
1284) is amended--
(1) in paragraph (3), by striking ``$41,000,000'' and
inserting ``$42,000,000''; and
(2) in paragraph (4), by striking ``$36,000,000'' and
inserting ``$39,000,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1298), is further amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$254,030,000'' in the amount
column and inserting ``$290,325,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$748,245,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of that Act (113
Stat. 839), as so amended, is further amended by striking
``$231,230,000'' and inserting ``$267,525,000''.
SEC. 2107. 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
Demilitarization, in the item relating to Newport Army Depot,
Indiana, by striking ``$191,550,000'' in the amount column and
inserting ``$293,853,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$829,919,000''.
(b) Conforming Amendment.--Section 2404(b)(2) of that Act (112
Stat. 2196) is amended by striking ``$162,050,000'' and inserting
``$264,353,000''.
SEC. 2108. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1997 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 839), is further amended--
(1) under the agency heading relating to Chemical
Demilitarization Program, in the item relating to Pueblo
Chemical Activity, Colorado, by striking ``$203,500,000'' in
the amount column and inserting ``$261,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$607,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of that Act (110
Stat. 2779), as so amended, is further amended by striking
``$203,500,000'' and inserting ``$261,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $3,000,000
Station, Yuma.
California..................... Auxiliary Landing $6,150,000
Field, San Diego (San
Clemente Island).
Marine Corps Air $11,930,000
Station, Camp
Pendleton.
Marine Corps Air $8,700,000
Station, Miramar.
Marine Corps Air-Ground $25,770,000
Combat Center,
Twentynine Palms.
Marine Corps Base, Camp $64,040,000
Pendleton.
Naval Air Station, $16,520,000
Lemoore.
Naval Air Warfare $6,760,000
Center, Point Mugu,
San Nicholas Island.
Naval Station, San $3,530,000
Diego.
District of Columbia........... Marine Corps Barracks.. $3,700,000
Florida........................ Naval Air Station, $990,000
Pensacola.
Naval School Explosive $6,350,000
Ordinance Detachment,
Eglin.
Hawaii......................... Naval Station, Pearl $10,490,000
Harbor.
Illinois....................... Naval Training Center, $85,100,000
Great Lakes.
Maine.......................... Naval Shipyard, Kittery- $11,600,000
Portsmouth.
Maryland....................... Naval Air Facility, $9,680,000
Andrews Air Force Base.
Mississippi.................... Naval Construction $5,460,000
Battalion Center,
Gulfport.
Naval Station, $4,160,000
Pascagoula.
North Carolina................. Marine Corps Air $6,040,000
Station, Cherry Point.
Marine Corps Air $6,920,000
Station, New River.
Marine Corps Base, Camp $5,370,000
LeJeune.
South Carolina................. Marine Corps Air $13,700,000
Station, Beaufort.
Marine Corps Recruit $10,490,000
Depot, Parris Island.
Texas.......................... Naval Air Station, $6,210,000
Kingsville.
Virginia....................... Marine Corps Combat $19,554,000
Development Command,
Quantico.
Naval Air Station, $2,000,000
Oceana.
Naval Shipyard, $19,660,000
Norfolk, Portsmouth.
Naval Station, Norfolk. $158,640,000
Naval Surface Warfare $9,230,000
Center, Dahlgren.
Naval Weapons Station, $15,020,000
Yorktown.
Washington..................... Naval Air Station, $9,180,000
Whidbey Island.
Naval Magazine, Indian $4,030,000
Island.
Naval Station, $43,670,000
Bremerton.
Naval Submarine Base, $5,900,000
Bangor.
Puget Sound Naval $54,132,000
Shipyard, Bremerton.
Strategic Weapons $7,340,000
Facility, Bangor.
Various Locations.............. Host Nation $682,016,000
Infrastructure.
---------------
Total.............. $682,016,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Naval Support Activity, $25,970,000
Bahrain.
Diego Garcia................... Diego Garcia, Naval $11,090,000
Support Facility.
Greece......................... Naval Support Activity, $14,800,000
Joint Headquarters
Command, Larissa.
Guam........................... Commander, United $13,400,000
States Naval Forces,
Guam.
Iceland........................ Naval Air Station, $14,920,000
Keflavik.
Italy.......................... Naval Air Station, $55,660,000
Sigonella.
Spain.......................... Joint Headquarters $2,890,000
Command, Madrid.
---------------
Total.............. $138,730,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Air Station, 178 Units.................... $40,981,000
Lemoore.
Twentynine Palms......... 76 Units..................... $19,425,000
Connecticut........................... Naval Submarine Base, New 100 Units.................... $24,415,000
London.
Florida............................... Naval Station, Mayport... 1 Unit....................... $329,000
Hawaii................................ Marine Corps Base, 65 Units..................... $24,797,000
Kaneohe Bay.
Mississippi........................... Naval Air Station, 56 Units..................... $9,755,000
Meridian.
North Carolina........................ Marine Corps Base, Camp 317 Units.................... $43,650,000
LeJeune.
Virginia.............................. Marine Corps Base, 290 Units.................... $41,843,000
Quantico.
Greece................................ Naval Support Activity 2 Units...................... $1,232,000
Joint Headquarters
Command, Larissa.
United Kingdom....................... Joint Maritime Facility, 62 Units..................... $18,524,000
St. Mawgan.
---------------
Total.................... $224,951,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriation in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $11,281,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $139,468,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $2,138,619,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $633,616,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $136,160,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $23,262,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $68,573,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $375,700,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $867,788,000.
(6) For replacement of a pier at Naval Station, Norfolk,
Virginia, authorized in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1287), as amended by section
2205 of this Act, $33,520,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a):
(2) $48,120,000 (the balance of the amount authorized under
section 2201(a) for a bachelors enlisted quarters shipboard
ashore, Naval Station, Norfolk, Virginia); and
(3) $2,570,000 (the balance of the amount authorized under
section 2201(b) for a quality of life support facility, Naval
Air Station Sigonella, Italy).
SEC. 2205. MODIFICATION TO CARRY OUT CERTAIN FISCAL YEAR 2002 PROJECT.
(a) Modification.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of
Public Law 107-107; 115 Stat. 1286) is amended--
(1) in the item relating to Naval Station, Norfolk,
Virginia, by striking ``$139,270,000'' in the amount column and
inserting ``$139,550,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,059,030,000''.
(b) Conforming Amendment.--Section 2204(b)(2) of that Act (115
Stat. 1289) is amended by striking ``$33,240,000'' and inserting
``$33,520,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alaska......................... Clear Air Station...... $14,400,000
Eielson Air Force Base. $21,600,000
Arizona........................ Davis-Monthan Air Force $19,270,000
Base.
Arkansas....................... Little Rock Air Force $25,600,000
Base.
California..................... Beale Air Force Base... $11,740,000
Vandenberg Air Force $10,500,000
Base.
Colorado....................... Buckley Air National $17,700,000
Guard Base.
Florida........................ Hurlburt Field......... $9,000,000
Louisiana...................... Barksdale Air Force $10,900,000
Base.
Massachusetts.................. Hanscom Air Force Base. $7,700,000
Mississippi.................... Keesler Air Force Base. $22,000,000
Nevada......................... Nellis Air Force Base.. $30,450,000
New Jersey..................... McGuire Air Force Base. $24,631,000
North Carolina................. Pope Air Force Base.... $9,700,000
Ohio........................... Wright-Patterson Air $10,400,000
Force Base.
Texas.......................... Lackland Air Force Base $18,500,000
Sheppard Air Force Base $16,000,000
Virginia....................... Langley Air Force Base. $47,940,000
---------------
Total.................. $328,031,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia................... Diego Garcia........... $17,100,000
Germany........................ Ramstein Air Force Base $70,183,000
Guam........................... Andersen Air Force Base $16,000,000
Korea.......................... Osan Air Base.......... $15,100,000
Spain.......................... Naval Station, Rota.... $31,818,000
United Kingdom................. Royal Air Force, $19,000,000
Fairford.
Royal Air Force, $13,400,000
Lakenheath.
Wake Island.................... Wake Island............ $24,900,000
---------------
Total.............. $207,501,000
------------------------------------------------------------------------
(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
military construction projects for the installation and location, and
in the amount, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $55,562,000
---------------
Total.............. $55,562,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Luke Air Force Base...... 140 Units.................... $18,954,000
California............................ Travis Air Force Base.... 110 Units.................... $24,320,000
Colorado.............................. Peterson Air Force Base.. 2 Units...................... $959,000
United States Air Force 71 Units..................... $12,424,000
Academy.
Delaware.............................. Dover Air Force Base..... 112 Units.................... $19,615,000
Florida............................... Eglin Air Force Base..... Housing Office............... $597,000
Eglin Air Force Base..... 134 Units.................... $15,906,000
MacDill Air Force Base... 96 Units..................... $18,086,000
Hawaii................................ Hickam Air Force Base.... 96 Units..................... $29,050,000
Idaho................................. Mountain Home Air Force 95 Units..................... $24,392,000
Base.
Kansas................................ McConnell Air Force Base. Housing Maintenance Facility. $1,514,000
Maryland.............................. Andrews Air Force Base... 53 Units..................... $9,838,000
Andrews Air Force Base... 52 Units..................... $8,807,000
Mississippi........................... Columbus Air Force Base.. Housing Office............... $412,000
Keesler Air Force Base... 117 Units.................... $16,505,000
Missouri.............................. Whiteman Air Force Base.. 22 Units..................... $3,977,000
Montana............................... Malmstrom Air Force Base. 18 Units..................... $4,717,000
New Mexico............................ Holloman Air Force Base.. 101 Units.................... $20,161,000
North Carolina........................ Pope Air Force Base...... Housing Maintenance Facility. $991,000
Seymour Johnson Air Force 126 Units.................... $18,615,000
Base.
North Dakota.......................... Grand Forks Air Force 150 Units.................... $30,140,000
Base.
Minot Air Force Base..... 112 Units.................... $21,428,000
Minot Air Force Base..... 102 Units.................... $20,315,000
Oklahoma.............................. Vance Air Force Base..... 59 Units..................... $11,423,000
South Dakota.......................... Ellsworth Air Force Base. Housing Maintenance Facility. $447,000
Ellsworth Air Force Base. 22 Units..................... $4,794,000
Texas................................. Dyess Air Force Base..... 85 Units..................... $14,824,000
Randolph Air Force Base.. Housing Maintenance Facility. $447,000
Randolph Air Force Base.. 112 Units.................... $14,311,000
Virginia.............................. Langley Air Force Base... Housing Office............... $1,193,000
Germany............................... Ramstein Air Force Base.. 19 Units..................... $8,534,000
Korea................................. Osan Air Base............ 113 Units.................... $35,705,000
Osan Air Base............ Housing Supply Warehouse..... $834,000
United Kingdom........................ Royal Air Force Housing Office and $2,203,000
Lakenheath. Maintenance Facility.
--------------------------------
Total.................... $416,438,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $34,188,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$226,068,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$2,165,203,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $328,031,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $207,501,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $55,562,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,500,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $41,496,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $676,694,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $844,419,000.
(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 authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a).
TITLE XXIV--DEFENSE AGENCIES
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 2404(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Missile Defense Agency......... Kauai, Hawaii.......... $23,400,000
Defense Intelligence Agency.... Bolling Air Force Base, $121,958,000
District of Columbia.
Defense Logistics Agency....... Columbus, Ohio......... $5,021,000
Defense Supply Center, $5,500,000
Richmond, Virginia....
Naval Air Station, New $9,500,000
Orleans, Louisiana....
Travis Air Force Base, $16,000,000
California............
Defense Threat Reduction Agency Fort Belvoir, Virginia. $76,388,000
Department of Defense Fort Bragg, North $1,825,000
Dependents Schools. Carolina.
Fort Jackson, South $2,247,000
Carolina..............
Marine Corps Base, Camp $10,884,000
LeJeune, North
Carolina..............
Marine Corps Base, $1,272,000
Quantico, Virginia....
United States Military $3,898,000
Academy, West Point,
New York..............
Fort Meade, Maryland... $4,484,000
National Security Agency....... Fort Bragg, North $30,800,000
Carolina.
Special Operations Command..... Hurlburt Field, Florida $11,100,000
Naval Amphibious Base, $14,300,000
Little Creek, Virginia
Elmendorf Air Force $10,400,000
Base, Alaska..........
TRICARE Management Activity.... Hickam Air Force Base, $2,700,000
Hawaii.
Arlington, Virginia.... $18,000,000
Washington Headquarters Washington Headquarters $2,500,000
Services. Services, District of
Columbia.
---------------
Total.............. $372,177,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Logistics Agency....... Andersen Air Force $17,586,000
Base, Guam.
Lajes Field, Azores, $19,000,000
Portugal..............
Naval Forces Marianas $6,000,000
Islands, Guam.........
Naval Station, Rota, $23,400,000
Spain.................
Royal Air Force, $17,000,000
Fairford, United
Kingdom...............
Yokota Air Base, Japan. $23,000,000
Department of Defense Kaiserslautern, Germany $858,000
Dependents Schools.
Lajes Field, Azores, $1,069,000
Portugal..............
Seoul, Korea........... $28,409,000
Supreme Headquarters, $1,410,000
Allied Powres Europe,
Belgium...............
Spangdahlem Air Base, $894,000
Germany...............
Vicenza, Italy......... $1,898,000
TRICARE Management Activity.... Naval Support Activity, $41,449,000
Naples, Italy.
Spangdahlem Air Base, $39,629,000
Germany...............
---------------
Total.............. $221,602,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2404(a)(8)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $5,530,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(4), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code, in the amount of $49,531,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2002, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments) in
the total amount of $1,282,585,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $335,577,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $221,602,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $16,293,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $44,132,000.
(6) For energy conservation projects authorized by section
2403 of this Act, $49,531,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $545,138,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $5,480,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $42,432,000.
(C) For credit to the Department of Defense Housing
Improvement Fund established by section 2883(a) of
title 10, United States Code, as amended by section
2801(e) of this Act, $2,000,000.
(9) For payment of a claim against the Hospital Replacement
project at Elmendorf Air Force Base, Alaska, $10,400,000.
(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 authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $26,200,000 (the balance of the amount authorized under
section 2401(a) for the construction of the Defense Threat
Reduction Center, Fort Belvoir, Virginia).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
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, 2002, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $168,200,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) In General.--There are authorized to be appropriated for fiscal
years beginning after September 30, 2002, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions 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, $101,595,000; and
(B) for the Army Reserve, $58,779,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $51,554,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $53,473,000; and
(B) for the Air Force Reserve, $31,900,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2005; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2006.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects, and facilities, and contributions to the North Atlantic
Treaty Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2005; or
(2) the date of the enactment of an Act authorized funds
for fiscal year 2005 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2000
PROJECTS.
(a) Extension of Certain Projects.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 841), authorizations set
forth in the tables in subsection (b), as provided in section 2302 or
2601 of that Act, shall remain in effect until October 1, 2003, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2004, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Air Force: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000
Units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Fort Pickett............. Multi-Purpose Range Complex- $13,500,000
Heavy.
----------------------------------------------------------------------------------------------------------------
(c) Extension of Additional Project.--Notwithstanding any other
provision of law, the authorization set forth in the table in
subsection (d), as provided in section 8160 of the Department of
Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1274),
shall remain in effect until October 1, 2003, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2004, whichever is later.
(d) Table for Extension of Additional Project.--The table referred
to in subsection (c) is as follows:
Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... Connellsville............ Readiness Center............. $1,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1999
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2199), authorizations set forth in the
table in subsection (b), as provided in section 2302 of that Act and
extended by section 2702 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1301), shall remain in effect until October 1, 2003, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2004, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Replace Family Housing (55 $8,988,000
Units).
Florida............................... Patrick Air Force Base... Replace Family Housing (46 $9,692,000
Units).
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (37 $6,400,000
Units).
Ohio.................................. Wright-Patterson Air Replace Family Housing (40 $5,600,000
Force Base. Units).
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, and XXVII of this Act
shall take effect on the later of--
(1) October 1, 2002; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction and Military Family Housing
SEC. 2801. ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) Utilities and Services.--Section 2872a(b) of title 10, United
States Code, is amended by adding the following new paragraphs at the
end thereof:
``(11) Fire fighting and Protection.
``(12) Police Protection.''.
(b) Leasing of Housing.--(1) Section 2874(a) of title 10, United
States Code, is amended--
(A) by striking ``to be constructed'' in the
heading; and
(B) by striking ``military family housing units or
military unaccompanied housing units to be constructed
under this subchapter.'' and inserting ``housing units
that the Secretary determines are suitable for use as
military family housing or military unaccompanied
housing.''.
(2) The table of sections for subchapter IV of chapter 169
of title 10, United States Code, is amended by striking the
item relating to section 2874 and inserting the following:
``2874. Leasing of housing.''.
(c) Interim Leases.--(1) Section 2879 of title 10, United States
Code, is repealed.
(2) The table of sections for subchapter IV of Chapter 169 of title
10, United States Code, is amended by striking the item relating to
section 2879.
(d) Unit Size and Type.--Section 2880(b)(2) of title 10, United
States Code, is amended by striking ``unless the unit is located on a
military installation''.
(e) Department of Defense Housing Fund.--(1) Section 2883 of title
10, United States Code, is amended--
(A) by striking subsections (a), (b), and (c); and
(B) by inserting at the beginning the following new
subsections (a) and (b):
``(a) Establishment.--There is hereby established on the books of
the Treasury the Department of Defense Housing Improvement Fund.
``(b) Credits to Funds.--There shall be credited to the Department
of Defense Housing Improvement Fund the following:
``(1) Amounts authorized for and appropriated to that Fund.
``(2) Subject to subsection (e), any amounts that the
Secretary of Defense transfers, in such amounts as provided in
appropriation Acts to that Fund from amounts authorized and
appropriated to the Department of Defense for the acquisition
or construction of military family housing or military
unaccompanied housing.
``(3) Proceeds from the conveyance or lease of property or
facilities under section 2878 of this title for the purpose of
carrying out activities under this subchapter with respect to
military family housing or military unaccompanied housing.
``(4) Income derived from any activities under this
subchapter with respect to military family housing or military
unaccompanied housing, income and gains realized from
investments under section 2875 of this title, and any return of
capital invested as part of such investments.
``(5) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2814(i)(3) of this title,
subject to the restrictions on the use of the transferred
amounts specified in that section.'';
(C) by redesignating subsections (d) through (g) as (c)
through (f), respectively;
(D) in subsection (c), as redesignated by subparagraph (C),
(i) in paragraph (1), by striking ``Family'';
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph
(2);
(E) in subsection (e), as redesignated by subparagraph (C),
by striking ``a Fund under paragraph (1)(B) or (2)(B) of
subsection (c)'' and inserting ``the Fund under paragraph (2)
of subsection (b)''; and
(F) in subsection (f), as redesignated by subparagraph
(C)--
(i) in paragraph (1), by striking $850,000,000''
and inserting ``$1,700,000,000'' and
(ii) in paragraph (2), by striking $150,000,000 and
inserting- $300,000,000.
(2) Section 2871(6) of such title 10 is amended by striking
``Family Housing Improvement Fund or the Department of Defense Military
Unaccompanied Housing Improvement Fund'' and inserting ``Housing
Improvement Fund''.
(3) Section 2875(e) of such title 10 is amended by striking
``Family Housing Improvement Fund or the Department of Defense Military
Unaccompanied Housing Improvement Fund'' and inserting ``Housing
Improvement Fund''.
SEC. 2802. REPEAL OF SOURCE REQUIREMENTS FOR OVERSEAS FAMILY-- HOUSING
CONSTRUCTION.
Section 803 of the Military Construction Authorization Act, 1984
(Public Law 98-115; 97 Stat. 784), as amended, is repealed.
Subtitle B--Real Property and Facilities Administration
SEC. 2803. CONVEYANCE OF SURPLUS REAL PROPERTY FOR NATURAL RESOURCE
CONSERVATION PURPOSES.
(a) In General.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2669 the following new section:
``Sec. 2669a. Conveyance of surplus real property for natural resource
conservation purposes
``(a) Authority To Convey.--The Secretary of a military department,
in his sole discretion, may convey surplus real property under its
jurisdiction that is suitable and desirable for conservation purposes
to any state or local government, or instrumentality thereof, or
nonprofit organization that exists for the primary purpose of
conservation of natural resources on real property. This authority
shall only apply to surplus real property that the disposing agency has
certified has been made available for public benefit transfer, has been
available for a sufficient time to potential claimants and for which
there is no pending request for transfer to another Federal agency or
for conveyance to any other qualified recipient for public benefit
transfer, under the real property disposal processes and authorities
established pursuant to the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471, et seq.). The consideration for
such conveyance shall be determined by the Secretary pursuant to
subsection (e).
``(b) Deed Requirements.--The deed of conveyance of any surplus
real property disposed of under this subsection--
``(1) shall provide that all such property shall be used
and maintained for the conservation of natural resources in
perpetuity, and that in the event that such property ceases to
be used or maintained for such purpose during such period, all
or any portion of such property shall in its then existing
condition, at the option of the United States, revert to the
United States;
``(2) may permit the grantee to convey the property to
another eligible entity; provided the Secretary of the military
department approves the conveyance in writing and the property
shall be subject to the same covenants and terms and conditions
as provided in the deed from the United States;
``(3) may permit incidental revenue-producing activities
that are compatible with the use of the property for
conservation purposes;
``(4) may contain such additional terms, reservation,
restrictions and conditions as may be determined by the
Secretary to safeguard the interests of the United States.
``(c) Release of Covenants.--The Secretary, with the concurrence of
the Secretary of Interior, may grant a release from the covenant
described in subsection (b) on the condition that the grantee pay the
fair market value, as determined by the Secretary, of the property at
the time of the release of the covenant. The Secretary may reduce the
amount owed for release of such covenant taking into account the value
of the natural resource conservation benefit that has accrued during
the period of the conveyance and which benefit was not previously taken
into account in (a).
``(d) Limitations.--Such conveyance shall not be used in settlement
of any litigation, dispute, or claim against the United States, nor as
a condition of allowing any defense activity under any Federal, State,
or local permitting or review process. The Secretary may use such
conveyances, with the restrictions set forth in subsection (b), to
establish mitigation banks outside the context of being a condition
imposed by any Federal, State, or local regulatory body for granting a
permit, completion of review, or otherwise granting permission for a
proposed military action other than establishment of a mitigation bank.
``(e) Consideration.--In fixing the consideration for the property
or in determining the amount of any reduction of the fair market value
owed for the release of the covenant under subsection (c), the
Secretary of the military department shall take into consideration any
benefit that has accrued or may accrue to the United States from the
use of such property for the conservation of natural resources.
``(f) Real Property Declared Surplus as a Result of a Base Closure
Law.--The Secretary concerned may not dispose of any real property
declared surplus as a result of a base closure law under this section
in a manner inconsistent with the requirements and preferences
established under a base closure law.
``(g) Definitions.--(1) The term `States' as used in this section
includes the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Marianas and the territories and
possessions of the United States.
``(2) The term ``base closure law'' means the Defense Authorization
Amendments and Base Closure and Realignment Act of 1988 (Public Law
100-526), the Defense Base Closure and Realignment Act of 1990 (Public
Law 101-510), or similar base closure authority.''.
(b) Agreements With Nonprofit Conservation Natural Resource
Organizations.--Section 2701(d) of such title 10 is amended--
(1) in paragraph (1), by inserting ``or nonprofit
conservation organization'' after ``any Indian tribe'';
(2) in paragraph (3), by adding at the end the following
sentence: ``The term conservation organization as used in this
section means non-governmental nonprofit organizations that
exist for the primary purpose of conserving open space or
natural resources.''.
(c) Acceptance of Funds To Cover Administrative Expenses.--Section
2695(b) of such title 10 is amended by adding at the end the following
new paragraph:
``(4) The conveyance of real property under section 2669a
of this title.''.
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter 159 is amended by inserting after the item relating to
section 2669 the following new item:
``2669a. Conveyance of surplus real property for natural resource
conservation purposes.''.
SEC. 2804. LEASING OF MILITARY FAMILY HOUSING IN KOREA.
Section 2828 (e)(3) is amended--
(1) by striking 800 units and inserting 1,175 units; and
(2) by adding at the end the following new sentence:
``Additionally, the Secretary of the Army may lease not more
than 2,400 units of family housing in Korea subject to a
maximum amount of $35,000.''.
SEC. 2805. PROGRAM ON REDUCTION IN LONG-TERM FACILITY MAINTENANCE
COSTS.
(a) Demonstration Program.--The Secretary of Defense may conduct a
demonstration program to assess the feasibility and desirability of
including facilities maintenance requirements in construction contracts
for military construction projects. The purpose of the demonstration
program is to determine if such requirements facilitate reductions in
the long-term maintenance costs of the Military Departments.
(b) Contracts.--The demonstration program authorized in subsection
(a) is limited to 12 contracts entered into on or after the date of
enactment of this Act.
(c) Effective Period of Maintenance Requirements.--A maintenance
requirement that is included in a construction contract under the
authority of this section shall not exceed five years.
(d) Expiration.--The authority under subsection (a) to include
maintenance requirements in construction contracts under the
demonstration program shall expire on September 30, 2006.
(e) Funding.--Amounts authorized to be appropriated for the
Secretary of Defense for a fiscal year for military construction shall
be available for the demonstration program under this section in such
fiscal year.
SEC. 2806. BOUNDARY CHANNEL DRIVE SITE LAND ACQUISITION, ARLINGTON,
VIRGINIA.
(a) Acquisition Authorized.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2401, the Secretary of
Defense may acquire all right, title, and interest to a parcel of real
property, including any improvements thereon, consisting of
approximately 7.2 acres known as the Boundary Channel Drive Site in
Arlington County, Virginia. The site is located southeast of Interstate
395 at the end of Boundary Channel Drive and was most recently occupied
by the Twin Bridges Marriott.
(b) Description of Property.--The exact acreage and legal
description of the real property to be acquired under subsection (a)
shall be determined by a survey satisfactory to the Secretary. Upon
acquisition, this property shall be included in the Pentagon
Reservation as defined in section 2674(f) of title 10, United States
Code.
(c) Terms And Conditions.--The Secretary may require such terms and
conditions in connection with the acquisition under subsection (a) as
the Secretary considers appropriate to protect the interests of the
United States.
Subtitle C--Other Matters
SEC. 2810. ENVIRONMENTAL RESTORATION PROJECT.
(a) In General.--Section 2810 of title 10, United States Code, is
amended to read as follows:
``Sec. 2810. Environmental restoration projects
``(a) Environmental Restoration Projects.--Subject to subsection
(c), the Secretary concerned may carry out an environmental restoration
project if the Secretary concerned determines that the project is
necessary to carry out a response action under chapter 160 of this
title or under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
``(b) Limitation of Fund Source.--Funds authorized for deposit in
an account established under subsection (a) of section 2703 of this
title shall be the only source of funds to conduct an environmental
restoration project under this section.
``(c) Definitions.--In this section--
``(1) the term ``response action'' has the meaning given
that term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601);
``(2) the term ``environmental restoration project''
includes construction, development, conversion, or extension of
a structure or installation of equipment in direct support of a
response action.
When included in an environmental restoration project, such
construction, development, conversion, extension, or installation shall
not be considered as military construction as that term is defined in
section 2801 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 169 is amended by amending the item related to section 2810 to
read as follows:
``2810. Environmental restoration project.''.
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