[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2515 Engrossed in Senate (ES)]
107th CONGRESS
2d Session
S. 2515
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of 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.
Sec. 3. Congressional defense committees defined.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical agents and munitions destruction, defense.
Sec. 107. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Pilot program on sales of manufactured articles and services
of certain Army industrial facilities
without regard to availability from
domestic sources.
Subtitle C--Navy Programs
Sec. 121. Integrated bridge system.
Sec. 122. Extension of multiyear procurement authority for DDG-51 class
destroyers.
Sec. 123. Maintenance of scope of cruiser conversion of Ticonderoga
class AEGIS cruisers.
Sec. 124. Marine Corps live fire range improvements.
Subtitle D--Air Force Programs
Sec. 131. C-130J aircraft program.
Sec. 132. Pathfinder programs.
Sec. 133. Oversight of acquisition for defense space programs.
Sec. 134. Leasing of tanker aircraft.
Sec. 135. Compass Call program.
Sec. 136. Sense of Congress regarding assured access to space.
Sec. 137. Mobile emergency broadband system.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Sec. 203. Defense health programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Basic seismic research program for support of national
requirements for monitoring nuclear
explosions.
Sec. 212. Advanced SEAL Delivery System.
Sec. 213. Army experimentation program regarding design of the
objective force.
Sec. 214. Reallocation of amount available for indirect fire programs.
Sec. 215. Laser welding and cutting demonstration.
Sec. 216. Analysis of emerging threats.
Sec. 217. Prohibition on transfer of Medical Free Electron Laser
program.
Sec. 218. Demonstration of renewable energy use.
Sec. 219A. Radar power technology for the Army.
Sec. 219B. Critical infrastructure protection.
Sec. 219C. Theater Aerospace Command and Control Simulation Facility
upgrades.
Sec. 219D. DDG optimized manning initiative.
Sec. 219E. Agroterrorist attacks.
Sec. 219F. Very high speed support vessel for the Army.
Sec. 219G. Full-scale high-speed permanent magnet generator.
Sec. 219H. Aviation-shipboard information technology initiative.
Sec. 219I. Aerospace Relay Mirror System (ARMS) Demonstration.
Sec. 219J. Littoral ship program.
Subtitle C--Missile Defense Programs
Sec. 221. Annual operational assessments and reviews of ballistic
missile defense program.
Sec. 222. Report on Midcourse Defense program.
Sec. 223. Report on Air-based Boost program.
Sec. 224. Report on Theater High Altitude Area Defense program.
Sec. 225. References to new name for Ballistic Missile Defense
Organization.
Sec. 226. Limitation on use of funds for nuclear armed interceptors.
Sec. 227. Reports on flight testing of Ground-based Midcourse national
missile defense system.
Subtitle D--Improved Management of Department of Defense Test and
Evaluation Facilities
Sec. 231. Department of Defense Test and Evaluation Resource
Enterprise.
Sec. 232. Transfer of testing funds from program accounts to
infrastructure accounts.
Sec. 233. Increased investment in test and evaluation facilities.
Sec. 234. Uniform financial management system for Department of Defense
test and evaluation facilities.
Sec. 235. Test and evaluation workforce improvements.
Sec. 236. Compliance with testing requirements.
Sec. 237. Report on implementation of Defense Science Board
recommendations.
Subtitle E--Other Matters
Sec. 241. Pilot programs for revitalizing Department of Defense
laboratories.
Sec. 242. Technology transition initiative.
Sec. 243. Encouragement of small businesses and nontraditional defense
contractors to submit proposals potentially
beneficial for combating terrorism.
Sec. 244. Vehicle fuel cell program.
Sec. 245. Defense nanotechnology research and development program.
Sec. 246. Activities and assessment of the Defense Experimental Program
to Stimulate Competitive Research.
Sec. 247. Four-year extension of authority of DARPA to award prizes for
advanced technology achievements.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Range Enhancement Initiative Fund.
Sec. 305. Navy Pilot Human Resources Call Center, Cutler, Maine.
Sec. 306. National Army Museum, Fort Belvoir, Virginia.
Sec. 307. Disposal of obsolete vessels of the National Defense Reserve
Fleet.
Subtitle B--Environmental Provisions
Sec. 311. Enhancement of authority on cooperative agreements for
environmental purposes.
Sec. 312. Modification of authority to carry out construction projects
for environmental responses.
Sec. 313. Increased procurement of environmentally preferable products.
Sec. 314. Cleanup of unexploded ordnance on Kaho'olawe Island, Hawaii.
Subtitle C--Defense Dependents' Education
Sec. 331. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 332. Impact aid for children with severe disabilities.
Sec. 333. Options for funding dependent summer school programs.
Sec. 334. Comptroller General study of adequacy of compensation
provided for teachers in the Department of
Defense Overseas Dependents' Schools.
Subtitle D--Other Matters
Sec. 341. Use of humanitarian and civic assistance funds for reserve
component members of Special Operations
Command engaged in activities relating to
clearance of landmines.
Sec. 342. Calculation of five-year period of limitation for Navy-Marine
Corps Intranet contract.
Sec. 343. Reimbursement for reserve component intelligence support.
Sec. 344. Rebate agreements under the special supplemental food
program.
Sec. 345. Logistics support and services for weapon systems
contractors.
Sec. 346. Continuation of Arsenal support program initiative.
Sec. 347. Two-year extension of authority of the Secretary of Defense
to engage in commercial activities as
security for intelligence collection
activities abroad.
Sec. 348. Installation and connection policy and procedures regarding
Defense Switch Network.
Sec. 349. Engineering study and environmental analysis of road
modifications in vicinity of Fort Belvoir,
Virginia.
Sec. 350. Extension of work safety demonstration program.
Sec. 351. Lift support for mine warfare ships and other vessels.
Sec. 352. Navy data conversion activities.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Authority to increase strength and grade limitations to
account for reserve component members on
active duty in support of a contingency
operation.
Sec. 403. Increased allowance for number of Marine Corps general
officers on active duty in grades above
major general.
Sec. 404. Increase in authorized strengths for Marine Corps officers on
active duty in the grade of colonel.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitations on non-dual status technicians.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Extension of certain requirements and exclusions applicable
to service of general and flag officers on
active duty in certain joint duty
assignments.
Sec. 502. Extension of authority to waive requirement for significant
joint duty experience for appointment as a
chief of a reserve component or a National
Guard director.
Sec. 503. Repeal of limitation on authority to grant certain officers a
waiver of required sequence for joint
professional military education and joint
duty assignment.
Sec. 504. Extension of temporary authority for recall of retired
aviators.
Sec. 505. Increased grade for heads of nurse corps.
Sec. 506. Reinstatement of authority to reduce service requirement for
retirement in grades above O-4.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Time for commencement of initial period of active duty for
training upon enlistment in reserve
component.
Sec. 512. Authority for limited extension of medical deferment of
mandatory retirement or separation of
reserve component officer.
Sec. 513. Repeal of prohibition on use of Air Force Reserve AGR
personnel for Air Force base security
functions.
Subtitle C--Education and Training
Sec. 521. Increase in authorized strengths for the service academies.
Subtitle D--Decorations, Awards, and Commendations
Sec. 531. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 532. Korea Defense Service Medal.
Subtitle E--National Call to Service
Sec. 541. Enlistment incentives for pursuit of skills to facilitate
national service.
Sec. 542. Military recruiter access to institutions of higher
education.
Subtitle F--Other Matters
Sec. 551. Biennial surveys on racial, ethnic, and gender issues.
Sec. 552. Leave required to be taken pending review of a recommendation
for removal by a board of inquiry.
Sec. 553. Stipend for participation in funeral honors details.
Sec. 554. Wear of abayas by female members of the Armed Forces in Saudi
Arabia.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Rate of basic allowance for subsistence for enlisted
personnel occupying single Government
quarters without adequate availability of
meals.
Sec. 603. Basic allowance for housing in cases of low-cost or no-cost
moves.
Sec. 604. Temporary authority for higher rates of partial basic
allowance for housing for certain members
assigned to housing under alternative
authority for acquisition and improvement
of military housing.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care
professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Increased maximum amount payable as multiyear retention bonus
for medical officers of the Armed Forces.
Sec. 616. Increased maximum amount payable as incentive special pay for
medical officers of the Armed Forces.
Sec. 617. Assignment incentive pay.
Sec. 618. Increased maximum amounts for prior service enlistment bonus.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Deferral of travel in connection with leave between
consecutive overseas tours.
Sec. 632. Transportation of motor vehicles for members reported
missing.
Sec. 633. Destinations authorized for Government paid transportation of
enlisted personnel for rest and
recuperation upon extending duty at
designated overseas locations.
Sec. 634. Vehicle storage in lieu of transportation to certain areas of
the United States outside continental
United States.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 641. Payment of retired pay and compensation to disabled military
retirees.
Sec. 642. Increased retired pay for enlisted Reserves credited with
extraordinary heroism.
Sec. 643. Expanded scope of authority to waive time limitations on
claims for military personnel benefits.
Subtitle E--Other Matters
Sec. 651. Additional authority to provide assistance for families of
members of the Armed Forces.
Sec. 652. Time limitation for use of Montgomery GI Bill entitlement by
members of the Selected Reserve.
Sec. 653. Status of obligation to refund educational assistance upon
failure to participate satisfactorily in
Selected Reserve.
Sec. 654. Prohibition on acceptance of honoraria by personnel at
certain Department of Defense schools.
Sec. 655. Rate of educational assistance under Montgomery GI Bill of
dependents transferred entitlement by
members of the Armed Forces with critical
skills.
Sec. 656. Payment of interest on student loans.
Sec. 657. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while
interned as prisoners of war during World
War II to take into account changes in
Consumer Price Index.
TITLE VII--HEALTH CARE
Sec. 701. Eligibility of surviving dependents for TRICARE dental
program benefits after discontinuance of
former enrollment.
Sec. 702. Advance authorization for inpatient mental health services.
Sec. 703. Continued TRICARE eligibility of dependents residing at
remote locations after departure of
sponsors for unaccompanied assignments.
Sec. 704. Approval of medicare providers as TRICARE providers.
Sec. 705. Claims information.
Sec. 706. Department of Defense Medicare-Eligible Retiree Health Care
Fund.
Sec. 707. Technical corrections relating to transitional health care
for members separated from active duty.
Sec. 708. Extension of temporary authority for entering into personal
services contracts for the performance of
health care responsibilities for the Armed
Forces at locations other than military
medical treatment facilities.
Sec. 709. Restoration of previous policy regarding restrictions on use
of Department of Defense medical
facilities.
Sec. 710. Health care under TRICARE for TRICARE beneficiaries receiving
medical care as veterans from the
Department of Veterans Affairs.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Major Defense Acquisition Programs
Sec. 801. Buy-to-budget acquisition of end items.
Sec. 802. Report to Congress on incremental acquisition of major
systems.
Sec. 803. Pilot program for spiral development of major systems.
Sec. 804. Improvement of software acquisition processes.
Sec. 805. Independent technology readiness assessments.
Sec. 806. Timing of certification in connection with waiver of
survivability and lethality testing
requirements.
Subtitle B--Procurement Policy Improvements
Sec. 811. Performance goals for contracting for services.
Sec. 812. Grants of exceptions to cost or pricing data certification
requirements and waivers of cost accounting
standards.
Sec. 813. Extension of requirement for annual report on defense
commercial pricing management improvement.
Sec. 814. Internal controls on the use of purchase cards.
Sec. 815. Assessment regarding fees paid for acquisitions under other
agencies' contracts.
Sec. 816. Pilot program for transition to follow-on contracts for
certain prototype projects.
Sec. 817. Waiver authority for domestic source or content requirements.
Subtitle C--Other Matters
Sec. 821. Extension of the applicability of certain personnel
demonstration project exceptions to an
acquisition workforce demonstration
project.
Sec. 822. Moratorium on reduction of the defense acquisition and
support workforce.
Sec. 823. Extension of contract goal for small disadvantaged businesses
and certain institutions of higher
education.
Sec. 824. Mentor-Protege Program eligibility for HUBZone small business
concerns and small business concerns owned
and controlled by service-disabled
veterans.
Sec. 825. Repeal of requirements for certain reviews by the Comptroller
General.
Sec. 826. Multiyear procurement authority for purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related
products.
Sec. 827. Multiyear procurement authority for environmental services
for military installations.
Sec. 828. Increased maximum amount of assistance for tribal
organizations or economic enterprises
carrying out procurement technical
assistance programs in two or more service
areas.
Sec. 829. Authority for nonprofit organizations to self-certify
eligibility for treatment as qualified
organizations employing severely disabled
under Mentor-Protege Program.
Sec. 830. Report on effects of Army Contracting Agency.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Time for submittal of report on Quadrennial Defense Review.
Sec. 902. Increased number of Deputy Commandants authorized for the
Marine Corps.
Sec. 903. Base operating support for Fisher Houses.
Sec. 904. Prevention and mitigation of corrosion.
Sec. 905. Western Hemisphere Institute for Security Cooperation.
Sec. 906. Veterinary Corps of the Army.
Sec. 907. Under Secretary of Defense for Intelligence.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Reallocation of authorizations of appropriations from
ballistic missile defense to shipbuilding.
Sec. 1003. Authorization of appropriations for continued operations for
the war on terrorism.
Sec. 1004. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 1005. United States contribution to NATO common-funded budgets in
fiscal year 2003.
Sec. 1006. Development and implementation of financial management
enterprise architecture.
Sec. 1007. Departmental accountable officials in the Department of
Defense.
Sec. 1008. Department-wide procedures for establishing and liquidating
personal pecuniary liability.
Sec. 1009. Travel card program integrity.
Sec. 1010. Clearance of certain transactions recorded in Treasury
suspense accounts and resolution of certain
check issuance discrepancies.
Sec. 1011. Additional amount for ballistic missile defense or combating
terrorism in accordance with national
security priorities of the President.
Sec. 1012. Availability of amounts for Oregon Army National Guard for
Search and Rescue and Medical Evacuation
missions in adverse weather conditions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Number of Navy surface combatants in active and reserve
service.
Sec. 1022. Plan for fielding the 155-millimeter gun on a surface
combatant.
Sec. 1023. Report on initiatives to increase operational days of Navy
ships.
Sec. 1024. Annual long-range plan for the construction of ships for the
Navy.
Subtitle C--Reporting Requirements
Sec. 1031. Repeal and modification of various reporting requirements
applicable with respect to the Department
of Defense.
Sec. 1032. Annual report on weapons to defeat hardened and deeply
buried targets.
Sec. 1033. Revision of date of annual report on counterproliferation
activities and programs.
Sec. 1034. Quadrennial quality of life review.
Sec. 1035. Reports on efforts to resolve whereabouts and status of
Captain Michael Scott Speicher, United
States Navy.
Sec. 1036. Report on efforts to ensure adequacy of fire fighting staffs
at military installations.
Sec. 1037. Report on designation of certain Louisiana highway as
defense access road.
Sec. 1038. Plan for five-year program for enhancement of measurement
and signatures intelligence capabilities.
Sec. 1039. Report on volunteer services of members of the reserve
components in emergency response to the
terrorist attacks of September 11, 2001.
Sec. 1040. Biannual reports on contributions to proliferation of
weapons of mass destruction and delivery
systems by countries of proliferation
concern.
Subtitle D--Homeland Defense
Sec. 1041. Homeland security activities of the National Guard.
Sec. 1042. Conditions for use of full-time Reserves to perform duties
relating to defense against weapons of mass
destruction.
Sec. 1043. Weapon of mass destruction defined for purposes of the
authority for use of Reserves to perform
duties relating to defense against weapons
of mass destruction.
Sec. 1044. Report on Department of Defense homeland defense activities.
Sec. 1045. Strategy for improving preparedness of military
installations for incidents involving
weapons of mass destruction.
Subtitle E--Other Matters
Sec. 1061. Continued applicability of expiring Governmentwide
information security requirements to the
Department of Defense.
Sec. 1062. Acceptance of voluntary services of proctors for
administration of Armed Services Vocational
Aptitude Battery.
Sec. 1063. Extension of authority for Secretary of Defense to sell
aircraft and aircraft parts for use in
responding to oil spills.
Sec. 1064. Amendments to Impact Aid program.
Sec. 1065. Disclosure of information on Shipboard Hazard and Defense
project to Department of Veterans Affairs.
Sec. 1066. Transfer of historic DF-9E Panther aircraft to Women
Airforce Service Pilots Museum.
Sec. 1067. Rewards for assistance in combating terrorism.
Sec. 1068. Provision of space and services to military welfare
societies.
Sec. 1069. Commendation of military chaplains.
Sec. 1070. Grant of Federal charter to Korean War Veterans Association,
Incorporated.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Extension of authority to pay severance pay in a lump sum.
Sec. 1102. Extension of voluntary separation incentive pay authority.
Sec. 1103. Extension of cost-sharing authority for continued FEHBP
coverage of certain persons after
separation from employment.
Sec. 1104. Eligibility of nonappropriated funds employees to
participate in the Federal employees long-
term care insurance program.
Sec. 1105. Increased maximum period of appointment under the
experimental personnel program for
scientific and technical personnel.
Sec. 1106. Qualification requirements for employment in Department of
Defense professional accounting positions.
Sec. 1107. Housing benefits for unaccompanied teachers required to live
at Guantanamo Bay Naval Station, Cuba.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Cooperative Threat Reduction With States of the Former
Soviet Union
Sec. 1201. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1202. Funding allocations.
Sec. 1203. Authorization of use of Cooperative Threat Reduction funds
for projects and activities outside the
former Soviet Union.
Sec. 1204. Waiver of limitations on assistance under programs to
facilitate cooperative threat reduction and
nonproliferation.
Sec. 1205. Russian tactical nuclear weapons.
Subtitle B--Other Matters
Sec. 1211. Administrative support and services for coalition liaison
officers.
Sec. 1212. Use of Warsaw Initiative funds for travel of officials from
partner countries.
Sec. 1213. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1214. Arctic and Western Pacific Environmental Cooperation
Program.
Sec. 1215. Department of Defense HIV/AIDS prevention assistance
program.
Sec. 1216. Monitoring implementation of the 1979 United States-China
Agreement on Cooperation in Science and
Technology.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2003
for procurement for the Army as follows:
(1) For aircraft, $2,144,386,000.
(2) For missiles, $1,653,150,000.
(3) For weapons and tracked combat vehicles,
$2,242,882,000.
(4) For ammunition, $1,205,499,000.
(5) For other procurement, $5,513,679,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2003 for procurement for the Navy as follows:
(1) For aircraft, $9,037,209,000.
(2) For weapons, including missiles and torpedoes,
$2,505,820,000.
(3) For shipbuilding and conversion, $8,624,160,000.
(4) For other procurement, $4,515,500,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2003 for procurement for the Marine Corps in the amount
of $1,341,219,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2003 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $1,173,157,000.
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, $12,613,605,000.
(2) For ammunition, $1,275,864,000.
(3) For missiles, $3,258,162,000.
(4) For other procurement, $10,477,840,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2003
for Defense-wide procurement in the amount of $3,054,943,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2003
for procurement for the Inspector General of the Department of Defense
in the amount of $2,000,000.
SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
There is hereby authorized to be appropriated for the Office of the
Secretary of Defense for fiscal year 2003 the amount of $1,490,199,000
for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $278,742,000.
Subtitle B--Army Programs
SEC. 111. PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES AND SERVICES
OF CERTAIN ARMY INDUSTRIAL FACILITIES WITHOUT REGARD TO
AVAILABILITY FROM DOMESTIC SOURCES.
(a) Extension of Program.--Subsection (a) of section 141 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 10 U.S.C. 4543 note) is amended by striking ``through 2002'' in
the first sentence and inserting ``through 2004''.
(b) Use of Overhead Funds Made Surplus by Sales.--Such section is
further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) For each Army industrial facility participating in the pilot
program that sells manufactured articles and services in a total amount
in excess of $20,000,000 in any fiscal year, the amount equal to one-
half of one percent of such total amount shall be transferred from the
sums in the Army Working Capital Fund for unutilized plant capacity to
appropriations available for the following fiscal year for the
demilitarization of conventional ammunition by the Army.''.
(c) Update of Inspector General's Review.--The Inspector General of
the Department of Defense shall review the experience under the pilot
program carried out under section 141 of Public Law 105-85 and, not
later than July 1, 2003, submit to Congress a report on the results of
the review. The report shall contain the views, information, and
recommendations called for under subsection (d) of such section (as
redesignated by subsection (b)(1)). In carrying out the review and
preparing the report, the Inspector General shall take into
consideration the report submitted to Congress under such subsection
(as so redesignated).
Subtitle C--Navy Programs
SEC. 121. INTEGRATED BRIDGE SYSTEM.
(a) Amount for Program.--Of the amount authorized to be
appropriated by section 102(a)(4), $5,000,000 shall be available for
the procurement of the integrated bridge system in items less than
$5,000,000.
(b) Offsetting Reduction.--Of the total amount authorized to be
appropriated by section 102(a)(4), the amount available for the
integrated bridge system in Aegis support equipment is hereby reduced
by $5,000,000.
SEC. 122. EXTENSION OF MULTIYEAR PROCUREMENT AUTHORITY FOR DDG-51 CLASS
DESTROYERS.
Section 122(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2446), as amended by section
122 of Public Law 106-65 (113 Stat. 534) and section 122(a) of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-24), is
further amended by striking ``October 1, 2005'' in the first sentence
and inserting ``October 1, 2007''.
SEC. 123. MAINTENANCE OF SCOPE OF CRUISER CONVERSION OF TICONDEROGA
CLASS AEGIS CRUISERS.
The Secretary of the Navy should maintain the scope of the cruiser
conversion program for the Ticonderoga class of AEGIS cruisers such
that the program--
(1) covers all 27 Ticonderoga class AEGIS cruisers; and
(2) modernizes the class of cruisers to include an
appropriate mix of upgrades to ships' capabilities for theater
missile defense, naval fire support, and air dominance.
SEC. 124. MARINE CORPS LIVE FIRE RANGE IMPROVEMENTS.
(a) Increase in Authorization of Appropriations.--The amount
authorized to be appropriated by section 102(b) for procurement for the
Marine Corps is hereby increased by $1,900,000, with the amount of the
increase to be allocated to Training Devices.
(b) Availability.--(1) Of the amount authorized to be appropriated
by section 102(b) for procurement for the Marine Corps, as increased by
subsection (a), $1,900,000 shall be available as follows:
(A) For upgrading live fire range target movers.
(B) To bring live fire range radio controls into compliance
with Federal Communications Commission narrow band
requirements.
(2) Amounts available under paragraph (1) for the purposes set
forth in that paragraph are in addition to any other amounts available
in this Act for such purposes.
(c) Offsetting Reduction.--The amount authorized to be appropriated
by section 103(1) for the C-17 interim contractor support is reduced by
$1,900,000.
Subtitle D--Air Force Programs
SEC. 131. C-130J AIRCRAFT PROGRAM.
(a) Multiyear Procurement Authority.--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 multiyear contract for the procurement of C-130J aircraft and
variants of the C-130J aircraft, subject to subsection (b), and except
that, notwithstanding subsection (k) of such section, such a contract
may be for a period of six program years.
(b) Limitation.--The Secretary of the Air Force may not enter into
a multiyear contract authorized by subsection (a) until the C-130J
aircraft has been cleared for worldwide over-water capability.
SEC. 132. PATHFINDER PROGRAMS.
(a) Spiral Development Plan for Selected Pathfinder Programs.--Not
later than February 1, 2003, the Secretary of the Air Force shall--
(1) identify among the pathfinder programs listed in
subsection (e) each pathfinder program that the Secretary shall
conduct as a spiral development program; and
(2) submit to the Secretary of Defense for each pathfinder
program identified under paragraph (1) a spiral development
plan that meets the requirements of section 803(c).
(b) Approval or Disapproval of Spiral Development Plans.--Not later
than March 15, 2003, the Secretary of Defense shall--
(1) review each spiral development plan submitted under
subsection (a)(2);
(2) approve or disapprove the conduct as a spiral
development plan of the pathfinder program covered by each such
spiral development plan; and
(3) submit to the congressional defense committees a copy
of each spiral development plan approved under paragraph (2).
(c) Assessment of Pathfinder Programs Not Selected or Approved for
Spiral Development.--Not later than March 15, 2003, each official of
the Department of Defense specified in subsection (d) shall submit to
the congressional defense committees the assessment required of such
official under that subsection for the acquisition plan for each
pathfinder program as follows:
(1) Each pathfinder program that is not identified by the
Secretary of the Air Force under subsection (a)(1) as a program
that the Secretary shall conduct as a spiral development
program.
(2) Each pathfinder program that is disapproved by the
Secretary of Defense for conduct as a spiral development
program under subsection (b)(2).
(d) Officials and Required Assessments for Programs Outside Spiral
Development.--The officials specified in this subsection, and the
assessment required of such officials, are as follows:
(1) The Director of Operational Test and Evaluation, who
shall assess the test contents of the acquisition plan for each
pathfinder program covered by subsection (c).
(2) The Chairman of the Joint Requirements Oversight
Council, who shall assess the extent to which the acquisition
plan for each such pathfinder program addresses validated
military requirements.
(3) The Under Secretary of Defense (Comptroller), in
coordination with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, who shall conduct an
independent programmatic evaluation of the acquisition plan for
each such pathfinder program, including an analysis of the
total cost, schedule, and technical risk associated with
development of such program.
(e) Pathfinder Programs.--The pathfinder programs listed in this
subsection are the program as follows:
(1) Space Based Radar.
(2) Global Positioning System.
(3) Global Hawk.
(4) Combat Search and Rescue.
(5) B-2 Radar.
(6) Predator B.
(7) B-1 Defensive System Upgrade.
(8) Multi Mission Command and Control Constellation.
(9) Unmanned Combat Air Vehicle.
(10) Global Transportation Network.
(11) C-5 Avionics Modernization Program.
(12) Hunter/Killer.
(13) Tanker/Lease.
(14) Small Diameter Bomb.
(15) KC-767.
(16) AC-130 Gunship.
SEC. 133. OVERSIGHT OF ACQUISITION FOR DEFENSE SPACE PROGRAMS.
(a) In General.--The Office of the Secretary of Defense shall
maintain oversight of acquisition for defense space programs.
(b) Report on Oversight.--(1) Not later than March 15, 2003, the
Secretary of Defense shall submit to the congressional defense
committees a detailed plan on how the Office of the Secretary of
Defense shall provide oversight of acquisition for defense space
programs.
(2) The plan shall set forth the following:
(A) The organizations in the Office of the Secretary of
Defense, and the Joint Staff organizations, to be involved in
oversight of acquisition for defense space programs.
(B) The process for the review of defense space programs by
the organizations specified under subparagraph (A).
(C) The process for the provision by such organizations of
technical, programmatic, scheduling, and budgetary advice on
defense space programs to the Deputy Secretary of Defense and
the Under Secretary of the Air Force.
(D) The process for the development of independent cost
estimates for defense space programs, including the
organization responsible for developing such cost estimates and
when such cost estimates shall be required.
(E) The process for the development of the budget for
acquisition for defense space programs.
(F) The process for the resolution of issues regarding
acquisition for defense space programs that are raised by the
organizations specified under subparagraph (A).
(c) Defense Space Program Defined.--In this section, the term
``defense space program'' means any major defense acquisition program
(as that term is defined in section 2430 of title 10, United States
Code) for the acquisition of--
(1) space-based assets, space launch assets, or user
equipment for such assets; or
(2) earth-based or spaced-based assets dedicated primarily
to space surveillance or space control.
SEC. 134. LEASING OF TANKER AIRCRAFT.
The Secretary of the Air Force shall not enter into any lease for
tanker aircraft until the Secretary submits the report required by
section 8159(c)(6) of the Department of Defense Appropriations Act,
2002 (division A of Public Law 107-117; 115 Stat. 2284) and obtains
authorization and appropriation of funds necessary to enter into a
lease for such aircraft consistent with his publicly stated commitments
to the Congress to do so.
SEC. 135. COMPASS CALL PROGRAM.
Of the amount authorized to be appropriated by section 103(1),
$12,700,000 shall be available for the Compass Call program within
classified projects and not within the Defense Airborne Reconnaissance
Program.
SEC. 136. SENSE OF CONGRESS REGARDING ASSURED ACCESS TO SPACE.
(a) Findings.--Congress makes the following findings:
(1) Assured access to space is a vital national security
interest of the United States.
(2) The Evolved Expendable Launch Vehicle program of the
Department of Defense is a critical element of the Department's
plans for assuring United States access to space.
(3) Significant contractions in the commercial space launch
marketplace have eroded the overall viability of the United
States space launch industrial base and could hamper the
ability of the Department of Defense to provide assured access
to space in the future.
(4) The continuing viability of the United States space
launch industrial base is a critical element of any strategy to
ensure the long-term ability of the United States to assure
access to space.
(5) The Under Secretary of the Air Force, as acquisition
executive for space programs in the Department of Defense, has
been authorized to develop a strategy to address United States
space launch and assured access to space requirements.
(b) Sense of Congress.--It is the sense of Congress that the Under
Secretary of the Air Force should--
(1) evaluate all options for sustaining the United States
space launch industrial base;
(2) develop an integrated, long-range, and adequately
funded plan for assuring United States access to space; and
(3) submit to Congress a report on the plan at the earliest
opportunity practicable.
SEC. 137. MOBILE EMERGENCY BROADBAND SYSTEM.
(a) Amount for Program.--Of the total amount authorized to be
appropriated by section 103(4), $1,000,000 may be available for the
procurement of technical communications-electronics equipment for the
Mobile Emergency Broadband System.
(b) Offsetting Reduction.--Of the total amount authorized to be
appropriated by section 103(4), the amount available under such section
for the Navy for other procurement for gun fire control equipment, SPQ-
9B solid state transmitter, is hereby reduced by $1,000,000.
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 Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $7,297,033,000.
(2) For the Navy, $12,927,135,000.
(3) For the Air Force, $18,608,684,000.
(4) For Defense-wide activities, $17,543,927,000, of which
$361,554,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.
(a) Amount for Projects.--Of the total amount authorized to be
appropriated by section 201, $10,164,358,000 shall be available for
science and technology projects.
(b) Science and Technology Defined.--In this section, the term
``science and technology project'' means work funded in program
elements for defense research, development, test, and evaluation under
Department of Defense budget activities 1, 2, or 3.
SEC. 203. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the Department of Defense for research, development, test, and
evaluation for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount of
$67,214,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. BASIC SEISMIC RESEARCH PROGRAM FOR SUPPORT OF NATIONAL
REQUIREMENTS FOR MONITORING NUCLEAR EXPLOSIONS.
(a) Management of Program.--(1) The Secretary of the Air Force
shall manage the Department of Defense program of basic seismic
research in support of national requirements for monitoring nuclear
explosions. The Secretary shall manage the program in the manner
necessary to support Air Force mission requirements relating to the
national requirements.
(2) The Secretary shall act through the Director of the Air Force
Research Laboratory in carrying out paragraph (1).
(c) Amount for Program.--Of the amount authorized to be
appropriated by section 201(4), $20,000,000 shall be available for the
program referred to in subsection (a).
SEC. 212. ADVANCED SEAL DELIVERY SYSTEM.
To the extent provided in appropriations Acts, the Secretary of
Defense may use for research, development, test, and evaluation for the
Advanced SEAL Delivery System any funds that were authorized to be
appropriated to the Department of Defense for fiscal year 2002 for the
procurement of that system, were appropriated pursuant to such
authorization of appropriations, and are no longer needed for that
purpose.
SEC. 213. ARMY EXPERIMENTATION PROGRAM REGARDING DESIGN OF THE
OBJECTIVE FORCE.
(a) Requirement for Report.--Not later than March 30, 2003, the
Secretary of the Army shall submit to Congress a report on the
experimentation program regarding design of the objective force that is
required by subsection (g) of section 113 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, as added by
section 113 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1029).
(b) Budget Display.--Amounts provided for the experimentation
program in the budget for fiscal year 2004 that is submitted to
Congress under section 1105(a) of title 31, United States Code, shall
be displayed as a distinct program element in that budget and in the
supporting documentation submitted to Congress by the Secretary of
Defense.
SEC. 214. REALLOCATION OF AMOUNT AVAILABLE FOR INDIRECT FIRE PROGRAMS.
(a) Reduction of Amount for Crusader.--Of the amount authorized to
be appropriated by section 201(1) for the Army for research,
development, test, and evaluation, the amount available for continued
research and development of the Crusader artillery system is hereby
reduced by $475,600,000.
(b) Increase of Amount for Future Combat Systems.--Of the amount
authorized to be appropriated by section 201(1) for the Army for
research, development, test, and evaluation, the amount available for
research and development for the Objective Force indirect fire systems
is hereby increased by $475,600,000. The amount of the increase shall
be available only for meeting the needs of the Army for indirect fire
capabilities, and may not be used under the authority of this section
until 30 days after the date on which the Secretary of Defense submits
to the congressional defense committees the report required by
subsection (d), together with a notification of the Secretary's plan to
use such funds to meet the needs of the Army for indirect fire
capabilities.
(c) Use of Funds.--Subject to subsection (b), the Secretary of
Defense may use the amount available under such subsection for any
program for meeting the needs of the Army for indirect fire
capabilities.
(d) Reporting Requirement.--(1) Not later than 30 days after the
date of the enactment of this Act, the Chief of Staff of the Army shall
complete a review of the full range of Army programs that could provide
improved indirect fire for the Army over the next 20 years and shall
submit to the Secretary of Defense a report containing the
recommendation of the Chief of Staff on which alternative for improving
indirect fire for the Army is the best alternative for that purpose.
The report shall also include information on each of the following
funding matters:
(A) The manner in which the amount available under
subsection (b) should be best invested to support the
improvement of indirect fire capabilities for the Army.
(B) The manner in which the amount provided for indirect
fire programs of the Army in the future-years defense program
submitted to Congress with respect to the budget for fiscal
year 2003 under section 221 of title 10, United States Code,
should be best invested to support improved indirect fire for
the Army.
(C) The manner in which the amounts described in
subparagraphs (A) and (B) should be best invested to support
the improvement of indirect fire capabilities for the Army in
the event of a termination of the Crusader artillery system
program.
(D) The portion of the amount available under subsection
(b) that should be reserved for paying costs associated with a
termination of the Crusader artillery system program in the
event of such a termination.
(2) The Secretary of Defense shall submit the report, together with
any comments and recommendations that the Secretary considers
appropriate, to the congressional defense committees.
(e) Annual Updates.--(1) The Secretary shall submit to the
congressional defense committees, at the same time that the President
submits the budget for a fiscal year referred to in paragraph (4) to
Congress under section 1105(a) of title 31, United States Code, a
report on the investments proposed to be made in indirect fire programs
for the Army.
(2) If the Crusader artillery system program has been terminated by
the time the annual report is submitted in conjunction with the budget
for a fiscal year, the report shall--
(A) identify the amount proposed for expenditure for the
Crusader artillery system program for that fiscal year in the
future-years defense program that was submitted to Congress in
2002 under section 221 of title 10, United States Code; and
(B) specify--
(i) the manner in which the amount provided in that
budget would be expended for improved indirect fire
capabilities for the Army; and
(ii) the extent to which the expenditures in that
manner would improve indirect fire capabilities for the
Army.
(3) The requirement to submit an annual report under paragraph (1)
shall apply with respect to budgets for fiscal years 2004, 2005, 2006,
2007, and 2008.
SEC. 215. LASER WELDING AND CUTTING DEMONSTRATION.
(a) Amount for Program.--Of the total amount authorized to be
appropriated by section 201(2) for research, development, test, and
evaluation for the Navy, $6,000,000 shall be available for the laser
welding and cutting demonstration in force protection applied research
(PE 0602123N).
(b) Offsetting Reduction.--Of the total amount authorized to be
appropriated by section 201(2) for research, development, test, and
evaluation for the Navy, the amount available for laser welding and
cutting demonstration in surface ship and submarine HM&E advanced
technology (PE 0603508N) is hereby reduced by $6,000,000.
SEC. 216. ANALYSIS OF EMERGING THREATS.
(a) Increase in Authorization of Appropriations.--The amount
authorized to be appropriated by section 201(2) for research,
development, test, and evaluation for the Navy is hereby increased by
$2,000,000 with the amount of the increase to be allocated to Marine
Corps Advanced Technology Demonstration (ATD) (PE 0603640M).
(b) Availability.--(1) Of the amount authorized to be appropriated
by section 201(2) for research, development, test, and evaluation for
the Navy, as increased by subsection (a), $2,000,000 may be available
for analysis of emerging threats.
(2) The amount available under paragraph (1) for analysis of
emerging threats is in addition to any other amounts available under
this Act for analysis of emerging threats.
(c) Offset.--The amount authorized to be appropriated by section
201(1) for research, development, test, and evaluation for the Army is
hereby reduced by $2,000,000, with the amount of the reduction
allocated as follows:
(1) $1,000,000 may be allocated to Weapons and Munitions
Technology (PE 0602624A) and available for countermobility
systems.
(2) $1,000,000 may be allocated to Warfighter Advanced
Technology (PE 0603001A) and available for Objective Force
Warrior technologies.
SEC. 217. PROHIBITION ON TRANSFER OF MEDICAL FREE ELECTRON LASER
PROGRAM.
Notwithstanding any other provision of law, the Medical Free
Electron Laser Program (PE 0602227D8Z) may not be transferred from the
Department of Defense to the National Institutes of Health, or to any
other department or agency of the Federal Government.
SEC. 218. DEMONSTRATION OF RENEWABLE ENERGY USE.
Of the amount authorized to be appropriated by section 201(2),
$2,500,000 shall be available for the demonstration of renewable energy
use program within the program element for the Navy energy program and
not within the program element for facilities improvement.
SEC. 219A. RADAR POWER TECHNOLOGY FOR THE ARMY.
(a) Increase in Authorization of Appropriations.--The amount
authorized to be appropriated by section 201(1) for the Department of
Defense for research, development, test, and evaluation for the Army is
hereby increased by $4,500,000, with the amount of the increase to be
allocated to Army missile defense systems integration (DEM/VAL) (PE
0603308A).
(b) Availability for Radar Power Technology.--(1) Of the amount
authorized to be appropriated by section 201(1) for the Department of
Defense for research, development, test, and evaluation for the Army,
as increased by subsection (a), $4,500,000 shall be available for radar
power technology.
(2) The amount available under paragraph (1) for radar power
technology is in addition to any other amounts available under this Act
for such technology.
(c) Offset.--The amount authorized to be appropriated by section
201(2) for research, development, test, and evaluation for the Navy is
hereby reduced by $4,500,000, with the amount of the reduction to be
allocated to common picture advanced technology (PE 0603235N).
SEC. 219B. CRITICAL INFRASTRUCTURE PROTECTION.
(a) Amount for Program.--Of the amount authorized to be
appropriated in section 201(4), $4,500,000 may be available for
critical infrastructure protection (PE 35190D8Z).
(b) Offset.--Of the amount authorized to be appropriated by section
201(2), the amount for power projection advanced technology (PE 63114N)
is hereby reduced by $4,500,000.
SEC. 219C. THEATER AEROSPACE COMMAND AND CONTROL SIMULATION FACILITY
UPGRADES.
(a) Availability of Funds.--(1) The amount authorized to be
appropriated by section 201(3) for the Air Force for wargaming and
simulation centers (PE 0207605F) is increased by $2,500,000. The total
amount of the increase may be available for Theater Aerospace Command
and Control Simulation Facility (TACCSF) upgrades.
(2) The amount available under paragraph (1) for Theater Aerospace
Command and Control Simulation Facility upgrades is in addition to any
other amounts available under this Act for such upgrades.
(b) Offset.--The amount authorized to be appropriated by section
201(2) for the Navy for Mine and Expeditionary Warfare Applied Research
(PE 0602782N) is reduced by $2,500,000.
SEC. 219D. DDG OPTIMIZED MANNING INITIATIVE.
(a) Increase in Authorization of Appropriations.--The amount
authorized to be appropriated by section 201(2) for research,
development, test, and evaluation for the Navy is hereby increased by
$2,500,000, with the amount of the increase to be allocated to surface
combatant combat system engineering (PE 0604307N).
(b) Availability.--(1) Of the amount authorized to be appropriated
by section 201(2) for research, development, test, and evaluation for
the Navy, as increased by subsection (a), $2,500,000 may be available
for the DDG optimized manning initiative.
(2) The amount available under paragraph (1) for the initiative
referred to in that paragraph is in addition to any other amounts
available under this Act for that initiative.
(c) Offset.--The amount authorized to be appropriated by section
201(1) for research, development, test, and evaluation for artillery
systems DEM/VAL (PE 0603854A), by $2,500,000.
SEC. 219E. AGROTERRORIST ATTACKS.
(a) Availability.--(1) Of the amount authorized to be appropriated
by section 201(4) for research, development, test, and evaluation,
defense-wide, the amount available for basic research for the Chemical
and Biological Defense Program (PE 0601384BP) is hereby increased by
$1,000,000, with the amount of such increase to be available for
research, analysis, and assessment of efforts to counter potential
agroterrorist attacks.
(2) The amount available under paragraph (1) for research,
analysis, and assessment described in that paragraph is in addition to
any other amounts available in this Act for such research, analysis,
and assessment.
(b) Offset.--Of the amount authorized to be appropriated by section
201(4) for research, development, test, and evaluation, Defense-wide,
the amount available for biological terrorism and agroterrorism risk
assessment and prediction in the program element relating to the
Chemical and Biological Defense Program (PE 0603384BP) is hereby
reduced by $1,000,000.
SEC. 219F. VERY HIGH SPEED SUPPORT VESSEL FOR THE ARMY.
(a) Increase in Authorization of Appropriations.--The amount
authorized to be appropriated by section 201(1) for research,
development, test, and evaluation for the Army is hereby increased by
$5,500,000, with the amount of the increase to be allocated to
logistics and engineering equipment-advanced development (PE 0603804A).
(b) Availability.--(1) Of the amount authorized to be appropriated
by section 201(1) for research, development, test, and evaluation for
the Army, as increased by subsection (a), $5,500,000 may be available
for development of a prototype composite hull design to meet the
theater support vessel requirement.
(2) The amount available under paragraph (1) for development of the
hull design referred to in that paragraph is in addition to any other
amounts available under this Act for development of that hull design.
(c) Offset.--The amount authorized to be appropriated by section
201(2) for research, development, test, and evaluation for the Navy is
hereby decreased by $5,500,000, with the amount of the decrease to be
allocated to submarine tactical warfare system (PE 0604562N) and
amounts available under that program element for upgrades of combat
control software to commercial architecture.
SEC. 219G. FULL-SCALE HIGH-SPEED PERMANENT MAGNET GENERATOR.
(a) Increase in Authorization of Appropriations.--The amount
authorized to be appropriated by section 201(2) for research,
development, test, and evaluation for the Navy is hereby increased by
$1,000,000, with the amount of the increase to be allocated to Force
Protection Advanced Technology (PE 0603123N).
(b) Availability.--(1) Of the amount authorized to be appropriated
by section 201(2) for research, development, test, and evaluation for
the Navy, as increased by subsection (a), $1,000,000 may be available
for development and demonstration of a full-scale high-speed permanent
magnet generator.
(2) The amount available under paragraph (1) for development and
demonstration of the generator described in that paragraph is in
addition to any other amounts available in this Act for development and
demonstration of that generator.
(c) Offset.--The amount authorized to be appropriated by section
201(1) for research, development, test, and evaluation for the Army is
hereby reduced by $1,000,000, with the amount of the reduction to be
allocated to Artillery Systems-Dem/Val (PE 0603854A).
SEC. 219H. AVIATION-SHIPBOARD INFORMATION TECHNOLOGY INITIATIVE.
Of the amount authorized to be appropriated by section 201(2) for
shipboard aviation systems, up to $8,200,000 may be used for the
aviation-shipboard information technology initiative.
SEC. 219I. AEROSPACE RELAY MIRROR SYSTEM (ARMS) DEMONSTRATION.
Of the amount authorized to be appropriated by section 201(3) for
the Department of Defense for research, development, test, and
evaluation for the Air Force, $6,000,000 may be available for the
Aerospace Relay Mirror System (ARMS) Demonstration.
SEC. 219J. LITTORAL SHIP PROGRAM.
(a) Amount for Program.--Of the amount authorized to be
appropriated by section 201(2) for research and development, test and
evaluation, Navy, $4,000,000 may be available for requirements
development of a littoral ship in Ship Concept Advanced Design (PE
0603563N).
(b) Offsetting Reduction.--Of the total amount authorized to be
appropriated by section 201(2) for research and development, test and
evaluation, Navy, the amount available for FORCENET in Tactical Command
System (PE 0604231N), is hereby reduced by an additional $4,000,000.
Subtitle C--Missile Defense Programs
SEC. 221. ANNUAL OPERATIONAL ASSESSMENTS AND REVIEWS OF BALLISTIC
MISSILE DEFENSE PROGRAM.
(a) Annual Operational Assessment.--(1)(A) During the first quarter
of each fiscal year, the Director of Operational Test and Evaluation
shall conduct an operational assessment of the missile defense programs
listed in paragraph (3).
(B) The annual assessment shall include--
(i) a detailed, quantitative evaluation of the potential
operational effectiveness, reliability, and suitability of the
system or systems under each program as the program exists
during the fiscal year of the assessment;
(ii) an evaluation of the adequacy of testing through the
end of the previous fiscal year to measure and predict the
effectiveness of the systems; and
(iii) a determination of the threats, or type of threats,
against which the systems would be expected to be effective and
those against which the systems would not be expected to be
effective.
(C) The first assessment under this paragraph shall be conducted
during fiscal year 2003.
(2) Not later than January 15 of each year, the Director of
Operational Test and Evaluation shall submit to the Secretary of
Defense and the congressional defense committees a report on the
assessment conducted during the preceding quarter-year. The report
shall include the evaluation of the potential of the system or systems
together with a discussion of the basis for the evaluation.
(3) The requirement for an annual operational assessment under
paragraph (1) shall apply to programs under the United States Missile
Defense Agency as follows:
(A) The Ground-based Midcourse Defense program.
(B) The Sea-based Midcourse Defense program.
(C) The Theater High Altitude Area Defense (THAAD) program.
(D) The Air-based Boost program (formerly known as the
Airborne Laser Defense program).
(b) Annual Requirements Reviews.--(1) During the first quarter of
each fiscal year, the Joint Requirements Oversight Council established
under section 181 of title 10, United States Code, shall review the
cost, schedule, and performance criteria for the missile defense
programs under the United States Missile Defense Agency and assess the
validity of the criteria in relation to military requirements. The
first review shall be carried out in fiscal year 2003.
(2) Not later than January 15 of each year, the Chairman of the
Joint Requirements Oversight Council shall submit to the Secretary of
Defense and the congressional defense committees a report on the
results of the review carried out under paragraph (1) during the
preceding quarter-year.
SEC. 222. REPORT ON MIDCOURSE DEFENSE PROGRAM.
(a) Requirement for Report.--Not later than January 15, 2003, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Midcourse Defense program of the United
States Missile Defense Agency. The report shall include the following
information:
(1) The development schedule, together with an estimate of
the annual costs through the completion of development.
(2) The planned procurement schedule, together with the
Secretary's best estimates of the annual costs of, and number
of units to be procured under, the program through the
completion of the procurement.
(3) The current program acquisition unit cost and the
history of acquisition unit costs from the date the program
(including its antecedent program) was first included in a
Selected Acquisition Report under section 2432 of title 10,
United States Code.
(4) The current procurement unit cost, and the history of
procurement unit costs from the date the program (including any
antecedent program) was first included in a Selected
Acquisition Report under such section 2432.
(5) The reasons for any changes in program acquisition
cost, program acquisition unit cost, procurement cost, or
procurement unit cost, and the reasons for any changes in
program schedule.
(6) The major contracts under the program and the reasons
for any changes in cost or schedule variances under the
contracts.
(7) The Test and Evaluation Master Plan developed for the
program in accordance with the requirements and guidance of
Department of Defense regulation 5000.2-R.
(b) Segregation of Ground-Based and Sea-Based Efforts.--The report
under subsection (a) shall separately display the schedules, cost
estimates, cost histories, contracts, and test plans for--
(1) the National Missile Defense/Ground-based Midcourse
Defense program; and
(2) the Navy TheaterWide/Sea-based Midcourse Defense
program.
SEC. 223. REPORT ON AIR-BASED BOOST PROGRAM.
Not later than January 15, 2003, the Secretary of Defense shall
submit to the congressional defense committees a report on the Air-
based Boost program (formerly known as the Airborne Laser program). The
report shall contain the following information:
(1) The development schedule together with the estimated
annual costs of the program through the completion of
development.
(2) The planned procurement schedule, together with the
Secretary's best estimates of the annual costs of, and number
of units to be procured under, the program through the
completion of the procurement.
(3) The current program acquisition unit cost, and the
history of program acquisition unit costs from the date the
program (including any antecedent program) was first included
in a Selected Acquisition Report under section 2432 of title
10, United States Code.
(4) The current procurement unit cost, and the history of
procurement unit costs from the date the program (including any
antecedent program) was first included in a Selected
Acquisition Report under such section 2432.
(5) The reasons for any changes in program acquisition
cost, program acquisition unit cost, procurement cost, or
procurement unit cost, and the reasons for any changes in
program schedule.
(6) The major contracts under the program and the reasons
for any changes in cost or schedule variances under the
contracts.
(7) The Test and Evaluation Master Plan developed for the
program in accordance with the requirements and guidance of
Department of Defense regulation 5000.2-R.
SEC. 224. REPORT ON THEATER HIGH ALTITUDE AREA DEFENSE PROGRAM.
(a) Requirement for Report.--Not later than January 15, 2003, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Theater High Altitude Area Defense program.
The report shall contain the following information:
(1) The development schedule together with the estimated
annual costs of the program through the completion of
development.
(2) The planned procurement schedule, together with the
Secretary's best estimates of the annual costs of, and number
of units to be procured under, the program through the
completion of the procurement.
(3) The current program acquisition unit cost and the
history of program acquisition unit costs from the date the
program (including any antecedent program) was first included
in a Selected Acquisition Report under section 2432 of title
10, United States Code.
(4) The current procurement unit cost, and the history of
procurement unit costs from the date the program (including any
antecedent program) was first included in a Selected
Acquisition Report under such section 2432.
(5) The reasons for any changes in program acquisition
cost, program acquisition unit cost, procurement cost, or
procurement unit cost, and the reasons for any changes in
program schedule.
(6) The major contracts under the program and the reasons
for any changes in cost or schedule variances under the
contracts.
(7) The Test and Evaluation Master Plan developed for the
program in accordance with the requirements and guidance of
Department of Defense regulation 5000.2-R.
(b) Funding Limitation.--Not more than 50 percent of the amount
authorized to be appropriated by this Act for the United States Missile
Defense Agency for the Theater High Altitude Area Defense program may
be expended until the submission of the report required under
subsection (a).
SEC. 225. REFERENCES TO NEW NAME FOR BALLISTIC MISSILE DEFENSE
ORGANIZATION.
(a) Conforming Amendments.--The following provisions of law are
amended by striking ``Ballistic Missile Defense Organization'' each
place it appears and inserting ``United States Missile Defense
Agency'':
(1) Sections 223 and 224 of title 10, United States Code.
(2) Sections 232, 233, and 235 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107).
(b) Other References.--Any reference to the Ballistic Missile
Defense Organization in any other provision of law or in any
regulation, map, document, record, or other paper of the United States
shall be considered to be a reference to the United States Missile
Defense Agency.
SEC. 226. LIMITATION ON USE OF FUNDS FOR NUCLEAR ARMED INTERCEPTORS.
None of the funds authorized to be appropriated by this or any
other Act may be used for research, development, test, evaluation,
procurement, or deployment of nuclear armed interceptors of a missile
defense system.
SEC. 227. REPORTS ON FLIGHT TESTING OF GROUND-BASED MIDCOURSE NATIONAL
MISSILE DEFENSE SYSTEM.
(a) Requirement.--The Director of the United States Missile Defense
Agency shall submit to the congressional defense committees a report on
each flight test of the Ground-based Midcourse national missile defense
system. The report shall be submitted not later than 120 days after the
date of the test.
(b) Content.--A report on a flight test under subsection (a) shall
include the following matters:
(1) A thorough discussion of the content and objectives of
the test.
(2) For each test objective, a statement regarding whether
the objective was achieved.
(3) For any test objective not achieved--
(A) a thorough discussion describing the reasons
for not achieving the objective; and
(B) a discussion of any plans for future tests to
achieve the objective.
(c) Format.--The reports required under subsection (a) shall be
submitted in classified and unclassified form.
Subtitle D--Improved Management of Department of Defense Test and
Evaluation Facilities
SEC. 231. DEPARTMENT OF DEFENSE TEST AND EVALUATION RESOURCE
ENTERPRISE.
(a) Establishment.--Section 139 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(k)(1) There is a Test and Evaluation Resource Enterprise within
the Department of Defense. The head of the Test and Evaluation Resource
Enterprise shall report to the Director of Operational Test and
Evaluation.
``(2)(A) The head of the Test and Evaluation Resource Enterprise
shall manage all funds available to the Department of Defense for the
support of investment in, operation and maintenance of, development of,
and management of the test and evaluation facilities and resources of
the Major Range and Test Facility Base. All such funds shall be
transferred to and placed under the control of the head of the
Department of Defense Test and Evaluation Resource Enterprise.
``(B) Subparagraph (A) shall not be construed to authorize the head
of the Test and Evaluation Enterprise, nor to impair the authority of
the Secretary of a military department, to manage the funds available
to that military department for the support of investment in, operation
and maintenance of, development of, and management of the training
facilities and resources of the Major Range and Test Facility Base.
``(3) The head of the Test and Evaluation Resource Enterprise
shall--
``(A) ensure that the planning for and execution of the
testing of a system within the Major Range and Test Facility
Base is performed by the activity of a military department that
is responsible for the testing;
``(B) ensure that the military department operating a
facility or resource within the Major Range and Test Facility
Base charges an organization using the facility or resource for
testing only the incremental cost of the operation of the
facility or resource that is attributable to the testing;
``(C) ensure that the military department operating a
facility or resource within the Major Range and Test Facility
Base comprehensively and consistently applies sound enterprise
management practices in the management of the facility or
resource;
``(D) make investments that are prudent for ensuring that
Department of Defense test and evaluation facilities and
resources are adequate to meet the current and future testing
requirements of Department of Defense programs;
``(E) ensure that there is in place a simplified financial
management and accounting system for Department of Defense test
and evaluation facilities and resources and that the system is
uniformly applied to the operation of such facilities and
resources throughout the Department; and
``(F) ensure that unnecessary costs of owning and operating
Department of Defense test and evaluation resources are not
incurred.
``(4) In this section, the term `Major Range and Test Facility
Base' means the test and evaluation facilities and resources that are
designated by the Director of Operational Test and Evaluation as
facilities and resources comprising the Major Range and Test Facility
Base.''.
(b) Effective Date and Transition Requirements.--(1) The amendment
made by paragraph (1) shall take effect one year after the date of the
enactment of this Act.
(2)(A) The Secretary of Defense shall develop a transition plan to
ensure that the head of the Test and Evaluation Resource Enterprise is
prepared to assume the responsibilities under subsection (k) of section
139 of title 10, United States Code (as added by subsection (a)), on
the effective date provided in paragraph (1).
(B) Until the Test and Evaluation Resource Enterprise has been
established, all investments of $500,000 or more in the Major Range and
Test Facility Base of the Department of Defense shall be subject to the
approval of the Director of Operational Test and Evaluation.
(C) In this paragraph, the term ``Major Range and Test Facility
Base'' has the meaning given that term in section 139(k)(4) of title
10, United States Code, as added by subsection (a).
SEC. 232. TRANSFER OF TESTING FUNDS FROM PROGRAM ACCOUNTS TO
INFRASTRUCTURE ACCOUNTS.
(a) Transfer of Funds.--Notwithstanding any other provision of this
Act, amounts authorized to be appropriated by this title for
demonstration and validation, engineering and manufacturing
development, and operational systems development shall be transferred
to the major test and evaluation investment programs of the military
departments and to the Central Test and Evaluation Investment Program
of the Department of Defense, as follows:
(1) For transfer to the major test and evaluation
investment program of the Army, the amount equal to 0.625
percent of the total amount authorized to be appropriated by
this title for the Army for demonstration and validation,
engineering and manufacturing development, and operational
systems development.
(2) For transfer to the major test and evaluation
investment program of the Navy, the amount equal to 0.625
percent of the total amount authorized to be appropriated by
this title for the Navy for demonstration and validation,
engineering and manufacturing development, and operational
systems development.
(3) For transfer to the major test and evaluation
investment program of the Air Force, the amount equal to 0.625
percent of the total amount authorized to be appropriated by
this title for the Air Force for demonstration and validation,
engineering and manufacturing development, and operational
systems development.
(4) For transfer to the Central Test and Evaluation
Investment Program of the Department of Defense, the amount
equal to 0.625 percent of the total amount authorized to be
appropriated by this title for Defense-wide demonstration and
validation, engineering and manufacturing development, and
operational systems development.
(b) Institutional Funding of Test and Evaluation Facilities.--
(1)(A) Chapter 433 of title 10, United States Code, is amended by
inserting after the table of sections at the beginning of such chapter
the following new section:
``Sec. 4531. Test and evaluation: use of facilities
``(a) Charges for Use.--The Secretary of the Army may charge an
entity for using a facility or resource of the Army within the Major
Range and Test Facility Base for testing. The amount charged may not
exceed the incremental cost to the Army of the use of the facility or
resource by that user for the testing.
``(b) Institutional and Overhead Costs.--The institutional and
overhead costs of a facility or resource of the Army that is within the
Major Range and Test Facility Base shall be paid out of the major test
and evaluation investment accounts of the Army, the Central Test and
Evaluation Investment Program of the Department of Defense, and other
appropriate appropriations made directly to the Army.
``(c) Major Range and Test Facility Base Defined.--In this section:
``(1) The term `Major Range and Test Facility Base' has the
meaning given the term in section 139(k)(4) of this title.
``(2) The term `institutional and overhead costs', with
respect to a facility or resource within the Major Range Test
and Facility Base--
``(A) means the costs of maintaining, operating,
upgrading, and modernizing the facility or resource;
and
``(B) does not include an incremental cost of
operating the facility or resource that is attributable
to the use of the facility or resource for testing
under a particular program.''.
(B) The table of section at the beginning of such chapter is
amended by inserting before the item relating to section 7522 the
following new item:
``4531. Test and evaluation: use of facilities.''.
(2)(A) Chapter 645 of title 10, United States Code, is amended by
inserting after the table of sections at the beginning of such chapter
the following new section:
``Sec. 7521. Test and evaluation: use of facilities
``(a) Charges for Use.--The Secretary of the Navy may charge an
entity for using a facility or resource of the Navy within the Major
Range and Test Facility Base for testing. The amount charged may not
exceed the incremental cost to the Navy of the use of the facility or
resource by that user for the testing.
``(b) Institutional and Overhead Costs.--The institutional and
overhead costs of a facility or resource of the Navy that is within the
Major Range and Test Facility Base shall be paid out of the major test
and evaluation investment accounts of the Navy, the Central Test and
Evaluation Investment Program of the Department of Defense, and other
appropriate appropriations made directly to the Navy.
``(c) Major Range and Test Facility Base Defined.--In this section:
``(1) The term `Major Range and Test Facility Base' has the
meaning given the term in section 139(k)(4) of this title.
``(2) The term `institutional and overhead costs', with
respect to a facility or resource within the Major Range Test
and Facility Base--
``(A) means the costs of maintaining, operating,
upgrading, and modernizing the facility or resource;
and
``(B) does not include an incremental cost of
operating the facility or resource that is attributable
to the use of the facility or resource for testing
under a particular program.''.
(B) The table of section at the beginning of such chapter is
amended by inserting before the item relating to section 7522 the
following new item:
``7521. Test and evaluation: use of facilities.''.
(3)(A) Chapter 933 of title 10, United States Code, is amended by
inserting after the table of sections at the beginning of such chapter
the following new section:
``Sec. 9531. Test and evaluation: use of facilities
``(a) Charges for Use.--The Secretary of the Air Force may charge
an entity for using a facility or resource of the Air Force within the
Major Range and Test Facility Base for testing. The amount charged may
not exceed the incremental cost to the Air Force of the use of the
facility or resource by that user for the testing.
``(b) Institutional and Overhead Costs.--The institutional and
overhead costs of a facility or resource of the Air Force that is
within the Major Range and Test Facility Base shall be paid out of the
major test and evaluation investment accounts of the Air Force, the
Central Test and Evaluation Investment Program of the Department of
Defense, and other appropriate appropriations made directly to the Air
Force.
``(c) Major Range and Test Facility Base Defined.--In this section:
``(1) The term `Major Range and Test Facility Base' has the
meaning given the term in section 139(k)(4) of this title.
``(2) The term `institutional and overhead costs', with
respect to a facility or resource within the Major Range Test
and Facility Base--
``(A) means the costs of maintaining, operating,
upgrading, and modernizing the facility or resource;
and
``(B) does not include an incremental cost of
operating the facility or resource that is attributable
to the use of the facility or resource for testing
under a particular program.''.
(B) The table of section at the beginning of such chapter is
amended by inserting before the item relating to section 9532 the
following new item:
``9531. Test and evaluation: use of facilities.''.
(4) Not later than 30 days after the date of the enactment of this
Act, the Under Secretary of Defense (Comptroller) shall review the
funding policies of each military department to ensure that the
Secretary of the military department has in place the policies
necessary to comply with the Secretary's responsibilities under section
4531, 7521, or 9531 of title 10, United States Code (as added by this
subsection), as the case may be. The Under Secretary shall consult with
the Director of Operational Test and Evaluation in carrying out the
review.
SEC. 233. INCREASED INVESTMENT IN TEST AND EVALUATION FACILITIES.
(a) Amount.--Of the amount authorized to be appropriated under
section 201(4), $251,276,000 shall be available for the Central Test
and Evaluation Investment Program of the Department of Defense.
(b) Additional Available Funding.--In addition to the amount made
available under subsection (a), amounts transferred pursuant to section
232(a)(4) shall be available for the Central Test and Evaluation
Investment Program of the Department of Defense.
SEC. 234. UNIFORM FINANCIAL MANAGEMENT SYSTEM FOR DEPARTMENT OF DEFENSE
TEST AND EVALUATION FACILITIES.
(a) Requirement for System.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense shall
implement a single financial management and accounting system for all
test and evaluation facilities of the Department of Defense.
(b) System Features.--The financial management and accounting
system shall be designed to achieve, at a minimum, the following
functional objectives:
(1) Enable managers within the Department of Defense to
compare the costs of conducting test and evaluation activities
in the various facilities of the military departments.
(2) Enable the Secretary of Defense--
(A) to make prudent investment decisions; and
(B) to reduce the extent to which unnecessary costs
of owning and operating Department of Defense test and
evaluation facilities are incurred.
(3) Enable the Department of Defense to track the total
cost of test and evaluation activities.
(4) Comply with the financial management enterprise
architecture developed by the Secretary of Defense under
section 1006.
SEC. 235. TEST AND EVALUATION WORKFORCE IMPROVEMENTS.
(a) Report on Capabilities.--Not later than March 15, 2003, the
Under Secretary of Defense for Acquisition, Technology, and Logistics
shall submit to Congress a report on the capabilities of the test and
evaluation workforce of the Department of Defense. The Under Secretary
shall consult with the Under Secretary of Defense for Personnel and
Readiness and the Director of Operational Test and Evaluation in
preparing the report.
(b) Requirement for Plan.--(1) The report shall contain a plan for
taking the actions necessary to ensure that the test and evaluation
workforce of the Department of Defense is of sufficient size and has
the expertise necessary to timely and accurately identify issues of
military suitability and effectiveness of Department of Defense systems
through testing of the systems.
(2) The plan shall set forth objectives for the size, composition,
and qualifications of the workforce, and shall specify the actions
(including recruitment, retention, and training) and milestones for
achieving the objectives.
(c) Additional Matters.--The report shall also include the
following matters:
(1) An assessment of the changing size and demographics of
the test and evaluation workforce, including the impact of
anticipated retirements among the most experienced personnel
over the five-year period beginning with 2003, together with a
discussion of the management actions necessary to address the
changes.
(2) An assessment of the anticipated workloads and
responsibilities of the test and evaluation workforce over the
ten-year period beginning with 2003, together with the number
and qualifications of military and civilian personnel necessary
to carry out such workloads and responsibilities.
(3) The Secretary's specific plans for using the
demonstration authority provided in section 4308 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 10 U.S.C. 1701 note) and other special personnel
management authorities of the Secretary to attract and retain
qualified personnel in the test and evaluation workforce.
(4) Any recommended legislation or additional special
authority that the Secretary considers appropriate for
facilitating the recruitment and retention of qualified
personnel for the test and evaluation workforce.
(5) Any other matters that are relevant to the capabilities
of the test and evaluation workforce.
SEC. 236. COMPLIANCE WITH TESTING REQUIREMENTS.
(a) Annual OT&E Report.--Subsection (g) of section 139 of title 10,
United States Code, is amended by inserting after the fourth sentence
the following: ``The report for a fiscal year shall also include an
assessment of the waivers of and deviations from requirements in test
and evaluation master plans and other testing requirements that
occurred during the fiscal year, any concerns raised by the waivers or
deviations, and the actions that have been taken or are planned to be
taken to address the concerns.''.
(b) Reorganization of Provision.--Subsection (g) of such section,
as amended by subsection (a), is further amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by designating the second sentence as paragraph (2);
(3) by designating the third sentence as paragraph (3);
(4) by designating the matter consisting of the fourth and
fifth sentences as paragraph (4);
(5) by designating the sixth sentence as paragraph (5); and
(6) by realigning paragraphs (2), (3), (4), and (5), as so
designated, two ems from the left margin.
SEC. 237. REPORT ON IMPLEMENTATION OF DEFENSE SCIENCE BOARD
RECOMMENDATIONS.
(a) Requirement.--Not later than March 1, 2003, the Secretary of
Defense shall submit to the congressional defense committees a report
on the extent of the implementation of the recommendations set forth in
the December 2000 Report of the Defense Science Board Task Force on
Test and Evaluation Capabilities.
(b) Content.--The report shall include the following:
(1) For each recommendation that is being implemented or
that the Secretary plans to implement--
(A) a summary of all actions that have been taken
to implement the recommendation; and
(B) a schedule, with specific milestones, for
completing the implementation of the recommendation.
(2) For each recommendation that the Secretary does not
plan to implement--
(A) the reasons for the decision not to implement
the recommendation; and
(B) a summary of any alternative actions the
Secretary plans to take to address the purposes
underlying the recommendation.
(3) A summary of any additional actions the Secretary plans
to take to address concerns raised in the December 2000 Report
of the Defense Science Board Task Force on Test and Evaluation
Capabilities about the state of the test and evaluation
infrastructure of the Department of Defense.
Subtitle E--Other Matters
SEC. 241. PILOT PROGRAMS FOR REVITALIZING DEPARTMENT OF DEFENSE
LABORATORIES.
(a) Additional Pilot Program.--(1) The Secretary of Defense may
carry out a pilot program to demonstrate improved efficiency in the
performance of research, development, test, and evaluation functions of
the Department of Defense.
(2) Under the pilot program, the Secretary of Defense shall provide
the director of one science and technology laboratory, and the director
of one test and evaluation laboratory, of each military department with
authority for the following:
(A) To use innovative methods of personnel management
appropriate for ensuring that the selected laboratories can--
(i) employ and retain a workforce appropriately
balanced between permanent and temporary personnel and
among workers with appropriate levels of skills and
experience; and
(ii) effectively shape workforces to ensure that
the workforces have the necessary sets of skills and
experience to fulfill their organizational missions.
(B) To develop or expand innovative methods of entering
into and expanding cooperative relationships and arrangements
with private sector organizations, educational institutions
(including primary and secondary schools), and State and local
governments to facilitate the training of a future scientific
and technical workforce that will contribute significantly to
the accomplishment of organizational missions.
(C) To develop or expand innovative methods of establishing
cooperative relationships and arrangements with private sector
organizations and educational institutions to promote the
establishment of the technological industrial base in areas
critical for Department of Defense technological requirements.
(D) To waive any restrictions not required by law that
apply to the demonstration and implementation of methods for
achieving the objectives set forth in subparagraphs (A), (B),
and (C).
(3) The Secretary may carry out the pilot program under this
subsection at each selected laboratory for a period of three years
beginning not later than March 1, 2003.
(b) Relationship to Fiscal Years 1999 and 2000 Revitalization Pilot
Programs.--The pilot program under this section is in addition to, but
may be carried out in conjunction with, the fiscal years 1999 and 2000
revitalization pilot programs.
(c) Reports.--(1) Not later than January 1, 2003, the Secretary
shall submit to Congress a report on the experience under the fiscal
years 1999 and 2000 revitalization pilot programs in exercising the
authorities provided for the administration of those programs. The
report shall include a description of--
(A) barriers to the exercise of the authorities that have
been encountered;
(B) the proposed solutions for overcoming the barriers; and
(C) the progress made in overcoming the barriers.
(2) Not later than September 1, 2003, the Secretary of Defense
shall submit to Congress a report on the implementation of the pilot
program under subsection (a) and the fiscal years 1999 and 2000
revitalization pilot programs. The report shall include, for each such
pilot program, the following:
(A) Each laboratory selected for the pilot program.
(B) To the extent practicable, a description of the
innovative methods that are to be tested at each laboratory.
(C) The criteria to be used for measuring the success of
each method to be tested.
(3) Not later than 90 days after the expiration of the period for
the participation of a laboratory in a pilot program referred to in
paragraph (2), the Secretary of Defense shall submit to Congress a
final report on the participation of that laboratory in the pilot
program. The report shall include the following:
(A) A description of the methods tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary
recommends on the basis of the experience at that laboratory
under the pilot program.
(d) Extension of Authority for Other Revitalization Pilot
Programs.--(1) Section 246(a)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1956; 10 U.S.C. 2358 note) is amended by striking ``a period of three
years'' and inserting ``up to six years''.
(2) Section 245(a)(4) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 553; 10 U.S.C. 2358
note) is amended by striking ``a period of three years'' and inserting
``up to five years''.
(e) Partnerships Under Pilot Program.--(1) The Secretary of Defense
may authorize one or more laboratories and test centers participating
in the pilot program under subsection (a) or in one of the fiscal years
1999 and 2000 revitalization pilot programs to enter into a cooperative
arrangement (in this subsection referred to as a ``public-private
partnership'') with entities in the private sector and institutions of
higher education for the performance of work.
(2) A competitive process shall be used for the selection of
entities outside the Government to participate in a public-private
partnership.
(3)(A) Not more than one public-private partnership may be
established as a limited liability corporation.
(B) An entity participating in a limited liability corporation as a
party to a public-private partnership under the pilot program may
contribute funds to the corporation, accept contribution of funds for
the corporation, and provide materials, services, and use of facilities
for research, technology, and infrastructure of the corporation, if it
is determined under regulations prescribed by the Secretary of Defense
that doing so will improve the efficiency of the performance of
research, test, and evaluation functions of the Department of Defense.
(f) Excepted Service Under Pilot Program.--(1) To facilitate
recruitment of experts in science and engineering to improve the
performance of research, test, and evaluation functions of the
Department of Defense, the Secretary of Defense may--
(A) designate a total of not more than 30 scientific,
engineering, and technology positions at the laboratories and
test centers participating in the pilot program under
subsection (a) or in any of the fiscal years 1999 and 2000
revitalization pilot programs as positions in the excepted
service (as defined in section 2103(a) of title 5, United
States Code);
(B) appoint individuals to such positions; and
(C) fix the compensation of such individuals.
(2) The maximum rate of basic pay for a position in the excepted
service pursuant to a designation made under paragraph (1) may not
exceed the maximum rate of basic pay authorized for senior-level
positions under section 5376 of title 5, United States Code,
notwithstanding any provision of such title governing the rates of pay
or classification of employees in the executive branch.
(g) Fiscal Years 1999 and 2000 Revitalization Pilot Programs
Defined.--In this section, the term ``fiscal years 1999 and 2000
revitalization pilot programs'' means the pilot programs authorized
by--
(1) section 246 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 1955; 10 U.S.C. 2358 note); and
(2) section 245 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 552; 10
U.S.C. 2358 note).
SEC. 242. TECHNOLOGY TRANSITION INITIATIVE.
(a) Establishment and Conduct.--(1) Chapter 139 of title 10, United
States Code, is amended by inserting after section 2359 the following
new section:
``Sec. 2359a. Technology Transition Initiative
``(a) Requirement for Program.--The Secretary of Defense shall
carry out a Technology Transition Initiative to facilitate the rapid
transition of new technologies from science and technology programs of
the Department of Defense into acquisition programs for the production
of the technologies.
``(b) Objectives.--The objectives of the Initiative are as follows:
``(1) To accelerate the introduction of new technologies
into Department of Defense acquisition programs appropriate for
the technologies.
``(2) To successfully demonstrate new technologies in
relevant environments.
``(3) To ensure that new technologies are sufficiently
mature for production.
``(c) Management.--(1) The Secretary of Defense shall designate a
senior official in the Office of the Secretary of Defense to manage the
Initiative.
``(2) In administering the Initiative, the Initiative Manager
shall--
``(A) report directly to the Under Secretary of Defense for
Acquisition, Technology, and Logistics; and
``(B) obtain advice and other assistance from the
Technology Transition Council established under subsection (e).
``(3) The Initiative Manager shall--
``(A) in consultation with the Technology Transition
Council established under subsection (e), identify promising
technologies that have been demonstrated in science and
technology programs of the Department of Defense;
``(B) develop a list of those technologies that have
promising potential for transition into acquisition programs of
the Department of Defense and transmit the list to the
acquisition executive of each military department and to
Congress;
``(C) identify potential sponsors in the Department of
Defense to undertake the transition of such technologies into
production;
``(D) work with the science and technology community and
the acquisition community to develop memoranda of agreement,
joint funding agreements, and other cooperative arrangements to
provide for the transition of the technologies into production;
and
``(E) provide funding support for selected projects under
subsection (d).
``(d) Jointly Funded Projects.--(1) The acquisition executive of
each military department shall select technology projects of the
military department to recommend for funding support under the
Initiative and shall submit a list of the recommended projects, ranked
in order of priority, to the Initiative Manager. The projects shall be
selected, in a competitive process, on the basis of the highest
potential benefits in areas of interest identified by the Secretary of
that military department.
``(2) The Initiative Manager, in consultation with the Technology
Transition Council established under subsection (e), shall select
projects for funding support from among the projects on the lists
submitted under paragraph (1). The Initiative Manager shall provide
funds for each selected project. The total amount provided for a
project shall be determined by agreement between the Initiative Manager
and the acquisition executive of the military department concerned, but
shall not be less than the amount equal to 50 percent of the total cost
of the project.
``(3) The Initiative Manager shall not fund any one project under
this subsection for more than 3 years.
``(4) The acquisition executive of the military department shall
manage each project selected under paragraph (2) that is undertaken by
the military department. Memoranda of agreement, joint funding
agreements, and other cooperative arrangements between the science and
technology community and the acquisition community shall be used in
carrying out the project if the acquisition executive determines that
it is appropriate to do so to achieve the objectives of the project.
``(e) Technology Transition Council.--(1) There is a Technology
Transition Council in the Department of Defense. The Council is
composed of the following members:
``(A) The science and technology executives of the military
departments and Defense Agencies.
``(B) The acquisition executives of the military
departments.
``(C) The members of the Joint Requirements Oversight
Council.
``(2) The Technology Transition Council shall provide advice and
assistance to the Initiative Manager under this section.
``(f) Definitions.--In this section:
``(1) The term `acquisition executive', with respect to a
military department, means the official designated as the
senior procurement executive for that military department under
section 16(3) of the Office of Federal Procurement Policy Act
(41 U.S.C. 414(3)).
``(2) The term `Initiative' means the Technology Transition
Initiative carried out under this section.
``(3) The term `Initiative Manager' means the official
designated to manage the Initiative under subsection (c).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2395 the
following new item:
``2359a. Technology Transition Initiative.''.
(b) Authorization of Appropriations.--Of the amount authorized to
be appropriated under section 201(4), $50,000,000 shall be available
for the Technology Transition Initiative under section 2359a of title
10, United States Code (as added by subsection (a)), and for other
technology transition activities of the Department of Defense.
SEC. 243. ENCOURAGEMENT OF SMALL BUSINESSES AND NONTRADITIONAL DEFENSE
CONTRACTORS TO SUBMIT PROPOSALS POTENTIALLY BENEFICIAL
FOR COMBATING TERRORISM.
(a) Establishment of Outreach Program.--During the 3-year period
beginning on the date of the enactment of this Act, the Secretary of
Defense shall carry out a program of outreach to small businesses and
nontraditional defense contractors for the purpose set forth in
subsection (b).
(b) Purpose.--The purpose of the outreach program is to provide a
process for reviewing and evaluating research activities of, and new
technologies being developed by, small businesses and nontraditional
defense contractors that have the potential for meeting a defense
requirement or technology development goal of the Department of Defense
that relates to the mission of the Department of Defense to combat
terrorism.
(c) Goals.--The goals of the outreach program are as follows:
(1) To increase efforts within the Department of Defense to
survey and identify technologies being developed outside the
Department that have the potential described in subsection (b).
(2) To provide the Under Secretary of Defense for
Acquisition, Technology, and Logistics with a source of expert
advice on new technologies for combating terrorism.
(3) To increase efforts to educate nontraditional defense
contractors on Department of Defense acquisition processes,
including regulations, procedures, funding opportunities,
military needs and requirements, and technology transfer so as
to encourage such contractors to submit proposals regarding
research activities and technologies described in subsection
(b).
(4) To increase efforts to provide timely response by the
Department of Defense to acquisition proposals (including
unsolicited proposals) submitted to the Department by small
businesses and by nontraditional defense contractors regarding
research activities and technologies described in subsection
(b), including through the use of electronic transactions to
facilitate the processing of proposals.
(d) Review Panel.--(1) The Secretary shall appoint, under the
outreach program, a panel for the review and evaluation of proposals
described in subsection (c)(4).
(2) The panel shall be composed of qualified personnel from the
military departments, relevant Defense Agencies, industry, academia,
and other private sector organizations.
(3) The panel shall review and evaluate proposals that, as
determined by the panel, may present a unique and valuable approach for
meeting a defense requirement or technology development goal related to
combating terrorism. In carrying out duties under this paragraph, the
panel may act through representatives designated by the panel.
(4) The panel shall--
(A) within 60 days after receiving such a proposal,
transmit to the source of the proposal a notification regarding
whether the proposal has been selected for review by the panel;
(B) to the maximum extent practicable, complete the review
of each selected proposal within 120 days after the proposal is
selected for review by the panel; and
(C) after completing the review, transmit an evaluation of
the proposal to the source of the proposal.
(5) The Secretary shall ensure that the panel, in reviewing and
evaluating proposals under this subsection, has the authority to obtain
assistance, to a reasonable extent, from the appropriate technical
resources of the laboratories, research, development, and engineering
centers, test and evaluation activities, and other elements of the
Department of Defense.
(6) If, after completing the review of a proposal, the panel
determines that the proposal represents a unique and valuable approach
to meeting a defense requirement or technology development goal related
to combating terrorism, the panel shall submit that determination to
the Under Secretary of Defense for Acquisition, Technology, and
Logistics together with any recommendations that the panel considers
appropriate regarding the proposal.
(7) The Secretary of Defense shall ensure that there is no conflict
of interest on the part of a member of the panel with respect to the
review and evaluation of a proposal by the panel.
(e) Definitions.--In this section:
(1) The term ``nontraditional defense contractor'' means an
entity that has not, for at least one year prior to the date of
the enactment of this Act, entered into, or performed with
respect to, any contract described in paragraph (1) or (2) of
section 845(e) of the National Defense Authorization Act for
Fiscal Year 1994 (10 U.S.C. 2371 note).
(2) The term ``small business'' means a business concern
that meets the applicable size standards prescribed pursuant to
section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
SEC. 244. VEHICLE FUEL CELL PROGRAM.
(a) Program.--The Secretary of Defense shall carry out a vehicle
fuel cell technology development program in cooperation with the
Secretary of Energy, the heads of other Federal agencies appropriate
for participation in the program, and industry.
(b) Goals and Objectives.--The goals and objectives of the program
shall be as follows:
(1) To identify and support technological advances that are
necessary for the development of fuel cell technology for use
in vehicles of types to be used by the Department of Defense.
(2) To ensure that critical technology advances are shared
among the various fuel cell technology programs within the
Federal Government.
(3) To ensure maximum leverage of Federal Government
funding for fuel cell technology development.
(c) Content of Program.--The program shall include--
(1) development of vehicle propulsion technologies and fuel
cell auxiliary power units, together with pilot demonstrations
of such technologies, as appropriate; and
(2) development of technologies necessary to address
critical issues such as hydrogen storage and the need for a
hydrogen fuel infrastructure.
(d) Cooperation With Industry.--(1) The Secretary shall include the
automobile and truck manufacturing industry and its systems and
component suppliers in the cooperative involvement of industry in the
program.
(2) The Secretary of Defense shall consider whether, in order to
facilitate the cooperation of industry in the program, the Secretary
and one or more companies in industry should enter into a cooperative
agreement that establishes an entity to carry out activities required
under subsection (c). An entity established by any such agreement shall
be known as a defense industry fuel cell partnership.
(3) The Secretary of Defense shall provide for industry to bear, in
cash or in kind, at least one-half of the total cost of carrying out
the program.
(e) Amount for Program.--Of the amount authorized to be
appropriated by section 201(4), $10,000,000 shall be available for the
program required by this section.
SEC. 245. DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
defense nanotechnology research and development program.
(b) Purposes.--The purposes of the program are as follows:
(1) To ensure United States global superiority in
nanotechnology necessary for meeting national security
requirements.
(2) To coordinate all nanoscale research and development
within the Department of Defense, and to provide for
interagency cooperation and collaboration on nanoscale research
and development between the Department of Defense and other
departments and agencies of the United States that are involved
in nanoscale research and development.
(3) To develop and manage a portfolio of fundamental and
applied nanoscience and engineering research initiatives that
is stable, consistent, and balanced across scientific
disciplines.
(4) To accelerate the transition and deployment of
technologies and concepts derived from nanoscale research and
development into the Armed Forces, and to establish policies,
procedures, and standards for measuring the success of such
efforts.
(5) To collect, synthesize, and disseminate critical
information on nanoscale research and development.
(c) Administration.--In carrying out the program, the Secretary
shall act through the Director of Defense Research and Engineering, who
shall supervise the planning, management, and coordination of the
program. The Director, in consultation with the Secretaries of the
military departments and the heads of participating Defense Agencies
and other departments and agencies of the United States, shall--
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program;
(2) develop a coordinated and integrated research and
investment plan for meeting the long-term challenges and
achieving the specific technical goals; and
(3) develop memoranda of agreement, joint funding
agreements, and other cooperative arrangements necessary for
meeting the long-term challenges and achieving the specific
technical goals.
(d) Annual Report.--Not later than March 1 of each of 2004, 2005,
2006, and 2007, the Director of Defense Research and Engineering shall
submit to the congressional defense committees a report on the program.
The report shall contain the following matters:
(1) A review of--
(A) the long-term challenges and specific goals of
the program; and
(B) the progress made toward meeting the challenges
and achieving the goals.
(2) An assessment of current and proposed funding levels,
including the adequacy of such funding levels to support
program activities.
(3) A review of the coordination of activities within the
Department of Defense and with other departments and agencies.
(4) An assessment of the extent to which effective
technology transition paths have been established as a result
of activities under the program.
(5) Recommendations for additional program activities to
meet emerging national security requirements.
SEC. 246. ACTIVITIES AND ASSESSMENT OF THE DEFENSE EXPERIMENTAL PROGRAM
TO STIMULATE COMPETITIVE RESEARCH.
(a) Authorized Activities.--Subsection (c) of section 257 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 10 U.S.C. 2358 note), is amended--
(1) in paragraph (1), by striking ``research grants'' and
inserting ``grants for research and instrumentation to support
such research''; and
(2) by adding at the end the following new paragraph:
``(3) Any other activities that are determined necessary to
further the achievement of the objectives of the program.''.
(b) Coordination.--Subsection (e) of such section is amended by
adding at the end the following:
``(4) The Secretary shall contract with the National Research
Council to assess the effectiveness of the Defense Experimental Program
to Stimulate Competitive Research in achieving the program objectives
set forth in subsection (b). The assessment provided to the Secretary
shall include the following:
``(A) An assessment of the eligibility requirements of the
program and the relationship of such requirements to the
overall research base in the States, the stability of research
initiatives in the States, and the achievement of the program
objectives, together with any recommendations for modification
of the eligibility requirements.
``(B) An assessment of the program structure and the
effects of that structure on the development of a variety of
research activities in the States and the personnel available
to carry out such activities, together with any recommendations
for modification of program structure, funding levels, and
funding strategy.
``(C) An assessment of the past and ongoing activities of
the State planning committees in supporting the achievement of
the program objectives.
``(D) An assessment of the effects of the various
eligibility requirements of the various Federal programs to
stimulate competitive research on the ability of States to
develop niche research areas of expertise, exploit
opportunities for developing interdisciplinary research
initiatives, and achieve program objectives.''.
SEC. 247. FOUR-YEAR EXTENSION OF AUTHORITY OF DARPA TO AWARD PRIZES FOR
ADVANCED TECHNOLOGY ACHIEVEMENTS.
(a) Extension.--Section 2374a(f) of title 10, United States Code,
is amended by striking ``September 30, 2003'' and inserting ``September
30, 2007''.
(b) Report on Administration of Program.--(1) Not later than
December 31, 2002, the Director of the Defense Advanced Research
Projects Agency shall submit to the congressional defense committees a
report on the proposal of the Director for the administration of the
program to award prizes for advanced technology achievements under
section 2374a of title 10, United States Code.
(2) The report shall include the following:
(A) A description of the proposed goals of the competition
under the program, including the technology areas to be
promoted by the competition and the relationship of such area
to military missions of the Department of Defense.
(B) The proposed rules of the competition under the program
and a description of the proposed management of the
competition.
(C) A description of the manner in which funds for cash
prizes under the program will be allocated within the accounts
of the Agency if a prize is awarded and claimed.
(D) A statement of the reasons why the competition is a
preferable means of promoting basic, advanced, and applied
research, technology development, or prototype projects than
other means of promotion of such activities, including
contracts, grants, cooperative agreements, and other
transactions.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2003 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $24,180,742,000.
(2) For the Navy, $29,368,961,000.
(3) For the Marine Corps, $3,558,732,000.
(4) For the Air Force, $27,445,764,000.
(5) For Defense-wide activities, $14,492,266,000.
(6) For the Army Reserve, $1,962,610,000.
(7) For the Naval Reserve, $1,233,759,000.
(8) For the Marine Corps Reserve, $190,532,000.
(9) For the Air Force Reserve, $2,165,004,000.
(10) For the Army National Guard, $4,506,267,000.
(11) For the Air National Guard, $4,114,910,000.
(12) For the Defense Inspector General, $155,165,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,614,000.
(14) For Environmental Restoration, Army, $395,900,000.
(15) For Environmental Restoration, Navy, $256,948,000.
(16) For Environmental Restoration, Air Force,
$389,773,000.
(17) For Environmental Restoration, Defense-wide,
$23,498,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $252,102,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $58,400,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $873,907,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $14,202,441,000.
(23) For Cooperative Threat Reduction programs,
$416,700,000.
(24) For Overseas Contingency Operations Transfer Fund,
$50,000,000.
(25) For Support for International Sporting Competitions,
Defense, $19,000,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to subsection (a) is reduced by--
(1) $159,790,000, which represents savings resulting from
reduced travel; and
(2) $615,200,000, which represents savings resulting from
foreign currency fluctuations.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $387,156,000.
(2) For the National Defense Sealift Fund, $934,129,000.
(3) For the Defense Commissary Agency Working Capital Fund,
$969,200,000.
(4) For the Pentagon Reservation Maintenance Revolving
Fund, $328,000,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2003
from the Armed Forces Retirement Home Trust Fund the sum of $69,921,000
for the operation of the Armed Forces Retirement Home, including the
Armed Forces Retirement Home--Washington and the Armed Forces
Retirement Home--Gulfport.
SEC. 304. RANGE ENHANCEMENT INITIATIVE FUND.
(a) Availability of Funds.--Of the amount authorized to be
appropriated by section 301(a)(5) for operation and maintenance for
defense-wide activities, $20,000,000 shall be available for the Range
Enhancement Initiative Fund for the purpose specified in subsection
(b).
(b) Purpose.--Subject to subsection (c), amounts authorized to be
appropriated for the Range Enhancement Initiative Fund shall be
available to the Secretary of Defense and the Secretaries of the
military departments to purchase restrictive easements, including
easements that implement agreements entered into under section 2697 of
title 10, United States Code, as added by section 2811 of this Act.
(c) Transfer of Amounts.--(1) Amounts in the Range Enhancement
Initiative Fund shall, subject to applicable limitations in
appropriations Acts, be made available to the Secretary of a military
department under subsection (b) by transfer from the Fund to the
applicable operation and maintenance account of the military
department, including the operation and maintenance account for the
active component, or for a reserve component, of the military
department.
(2) Authority to transfer amounts under paragraph (1) is in
addition to any other authority to transfer funds under this Act.
SEC. 305. NAVY PILOT HUMAN RESOURCES CALL CENTER, CUTLER, MAINE.
Of the amount authorized to be appropriated by section 301(a)(2)
for operation and maintenance for the Navy, $1,500,000 may be available
for the Navy Pilot Human Resources Call Center, Cutler, Maine.
SEC. 306. NATIONAL ARMY MUSEUM, FORT BELVOIR, VIRGINIA.
(a) Activation Efforts.--The Secretary of the Army may carry out
efforts to facilitate the commencement of development for the National
Army Museum at Fort Belvoir, Virginia.
(b) Funding.--(1) The amount authorized to be appropriated by
section 301(a)(1) for operation and maintenance for the Army is hereby
increased by $100,000.
(2) Of the amount authorized to be appropriated by section
301(a)(1) for operation and maintenance for the Army, as increased by
paragraph (1), $100,000 shall be available to carry out the efforts
authorized by subsection (a).
(c) Offset.--The amount authorized to be appropriated by section
201(1) for research, development, test, and evaluation for the Army is
hereby reduced by $100,000.
SEC. 307. DISPOSAL OF OBSOLETE VESSELS OF THE NATIONAL DEFENSE RESERVE
FLEET.
Of the amount authorized to be appropriated by section 301(a)(2)
for operation and maintenance for the Navy, $20,000,000 may be
available, without fiscal year limitation if so provided in
appropriations Acts, for expenses related to the disposal of obsolete
vessels in the Maritime Administration National Defense Reserve Fleet.
Subtitle B--Environmental Provisions
SEC. 311. ENHANCEMENT OF AUTHORITY ON COOPERATIVE AGREEMENTS FOR
ENVIRONMENTAL PURPOSES.
Section 2701(d) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Cross-fiscal year agreements.--An agreement with an
agency under paragraph (1) may be for a period that begins in
one fiscal year and ends in another fiscal year if (without
regard to any option to extend the period of the agreement) the
period of the agreement does not exceed two years.''.
SEC. 312. MODIFICATION OF AUTHORITY TO CARRY OUT CONSTRUCTION PROJECTS
FOR ENVIRONMENTAL RESPONSES.
(a) Restatement and Modification of Authority.--(1) Chapter 160 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2711. Environmental restoration projects for environmental
responses
``(a) The Secretary of Defense or the Secretary of a military
department may carry out an environmental restoration project if that
Secretary determines that the project is necessary to carry out a
response under this chapter or CERCLA.
``(b) Any construction, development, conversion, or extension of a
structure or installation of equipment that is included in an
environmental restoration project may not be considered military
construction (as that term is defined in section 2801(a) of this
title).
``(c) Funds authorized for deposit in an account established by
section 2703(a) of this title shall be the only source of funds to
conduct an environmental restoration project under this section.
``(d) In this section, the term `environmental restoration project'
includes construction, development, conversion, or extension of a
structure or installation of equipment in direct support of a
response.''.
(2) The table of sections at the beginning of that chapter is
amended by adding at the end the following new item:
``2711. Environmental restoration projects for environmental
responses.''.
(b) Repeal of Superseded Provision.--(1) Section 2810 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 169 of that
title is amended by striking the item relating to section 2810.
SEC. 313. INCREASED PROCUREMENT OF ENVIRONMENTALLY PREFERABLE PRODUCTS.
(a) Procurement Goals.--(1) The Secretary of Defense shall
establish goals for the increased procurement by the Department of
Defense of procurement items that are environmentally preferable or are
made with recovered materials.
(2) The goals established under paragraph (1) shall be consistent
with the requirements of section 6002 of the Solid Waste Disposal Act
(42 U.S.C. 6962).
(3) In establishing goals under paragraph (1), the Secretary shall
review the Comprehensive Procurement Guidelines and Guidance on
Acquisition of Environmentally Preferable Products and Services
developed pursuant to Executive Order 13101 and products identified as
environmentally preferable in the Federal Logistics Information System.
(4) In establishing goals under paragraph (1), the Secretary shall
establish a procurement goal for each category of procurement items
that is environmentally preferable or is made with recovered materials.
(5) The goals established under paragraph (1) shall apply to
Department purchases in each category of procurement items designated
by the Secretary for purposes of paragraph (4), but shall not apply
to--
(A) products or services purchased by Department
contractors and subcontractors, even if such products or
services are incorporated into procurement items purchased by
the Department; or
(B) credit card purchases or other local purchases that are
made outside the requisitioning process of the Department.
(b) Assessment of Training and Education.--The Secretary shall
assess the need to establish a program, or enhance existing programs,
for training and educating Department of Defense procurement officials
and contractors to ensure that they are aware of Department
requirements, preferences, and goals for the procurement of items that
are environmentally preferable or are made with recovered materials.
(c) Tracking System.--The Secretary shall develop a tracking system
to identify the extent to which the Department of Defense is procuring
items that are environmentally preferable or are made with recovered
materials. The tracking system shall separately track procurement of
each category of procurement items for which a goal has been
established under subsection (a)(4).
(d) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report that sets forth--
(1) the initial goals the Secretary plans to establish
under subsection (a); and
(2) the findings of the Secretary as a result of the
assessment under subsection (b), together with any
recommendations of the Secretary as a result of the assessment.
(e) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall--
(1) establish an initial set of goals in accordance
subsection (a);
(2) begin the implementation of any recommendations of the
Secretary under subsection (d)(2) as a result of the assessment
under subsection (b); and
(3) implement the tracking system required by subsection
(c).
(f) Annual Report.--Not later than March 1 of each year from 2004
through 2007, the Secretary shall submit to Congress a report on the
progress made in the implementation of this section. Each report
shall--
(1) identify each category of procurement items for which a
goal has been established under subsection (a) as of the end of
such year; and
(2) provide information from the tracking system required
by subsection (b) that indicates the extent to which the
Department has met the goal for the category of procurement
items as of the end of such year.
(g) Definitions.--In this section:
(1) Environmentally preferable.--The term ``environmentally
preferable'', in the case of a procurement item, means that the
item has a lesser or reduced effect on human health and the
environment when compared with competing procurement items that
serve the same purpose. The comparison may be based upon
consideration of raw materials acquisition, production,
manufacturing, packaging, distribution, reuse, operation,
maintenance, or disposal of the procurement item, or other
appropriate matters.
(2) Procurement item.--The term ``procurement item'' has
the meaning given that term in section 1004(16) of the Solid
Waste Disposal Act (40 U.S.C. 6903(16)).
(3) Recovered materials.--The term ``recovered materials''
means waste materials and by-products that have been recovered
or diverted from solid waste, but does not include materials
and by-products generated from, and commonly used within, an
original manufacturing process.
SEC. 314. CLEANUP OF UNEXPLODED ORDNANCE ON KAHO'OLAWE ISLAND, HAWAII.
(a) Level of Cleanup Required.--The Secretary of the Navy shall
continue activities for the clearance and removal of unexploded
ordnance on the Island of Kaho'olawe, Hawaii, and related remediation
activities, until the later of the following dates:
(1) The date on which the Kaho'olawe Island access control
period expires.
(2) The date on which the Secretary achieves each of the
following objectives:
(A) The inspection and assessment of all of
Kaho'olawe Island in accordance with current
procedures.
(B) The clearance of 75 percent of Kaho'olawe
Island to the degree specified in the Tier One
standards in the memorandum of understanding.
(C) The clearance of 25 percent of Kaho'olawe
Island to the degree specified in the Tier Two
standards in the memorandum of understanding.
(b) Definitions.--In this section:
(1) The term ``Kaho'olawe Island access control period''
means the period for which the Secretary of the Navy is
authorized to retain the control of access to the Island of
Kaho'olawe, Hawaii, under title X of the Department of Defense
Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1480).
(2) The term ``memorandum of understanding'' means the
Memorandum of Understanding Between the United States
Department of the Navy and the State of Hawaii Concerning the
Island of Kaho'olawe, Hawaii.
Subtitle C--Defense Dependents' Education
SEC. 331. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2003.--Of the amount authorized to be appropriated pursuant to section
301(a)(5) for operation and maintenance for Defense-wide activities,
$30,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2003, the Secretary of
Defense shall notify each local educational agency that is eligible for
assistance or a payment under subsection (a) for fiscal year 2003 of--
(1) that agency's eligibility for the assistance or
payment; and
(2) the amount of the assistance or payment for which that
agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 332. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(a)(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 333. OPTIONS FOR FUNDING DEPENDENT SUMMER SCHOOL PROGRAMS.
Section 1402(d)(2) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 921(d)(2)) is amended to read as follows:
``(2) The Secretary shall provide any summer school program under
this subsection on the same financial basis as programs offered during
the regular school year, except that the Secretary may charge
reasonable fees for all or portions of such summer school programs to
the extent that the Secretary determines appropriate.''.
SEC. 334. COMPTROLLER GENERAL STUDY OF ADEQUACY OF COMPENSATION
PROVIDED FOR TEACHERS IN THE DEPARTMENT OF DEFENSE
OVERSEAS DEPENDENTS' SCHOOLS.
(a) Additional Consideration for Study.--Subsection (b) of section
354 of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1064) is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Whether the process for setting teacher compensation
is efficient and cost effective.''.
(b) Extension of Time for Reporting.--Subsection (c) of such
section is amended by striking ``May 1, 2002'' and inserting ``December
12, 2002''.
Subtitle D--Other Matters
SEC. 341. USE OF HUMANITARIAN AND CIVIC ASSISTANCE FUNDS FOR RESERVE
COMPONENT MEMBERS OF SPECIAL OPERATIONS COMMAND ENGAGED
IN ACTIVITIES RELATING TO CLEARANCE OF LANDMINES.
Section 401(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph (5):
``(5) Up to 10 percent of the amount available for a fiscal year
for activities described in subsection (e)(5) may be expended for the
pay and allowances of reserve component members of the Special
Operations Command performing duty in connection with training and
activities related to the clearing of landmines for humanitarian
purposes.''.
SEC. 342. CALCULATION OF FIVE-YEAR PERIOD OF LIMITATION FOR NAVY-MARINE
CORPS INTRANET CONTRACT.
(a) Commencement of Period.--The five-year period of limitation
that is applicable to the multiyear Navy-Marine Corps Intranet contract
under section 2306c of title 10, United States Code, shall be deemed to
have begun on the date on which the Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Chief Information
Officer of the Department of Defense approved the ordering of
additional workstations under such contract in accordance with
subsection (c) of section 814 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as added by section 362(a) of
the National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1065).
(b) Definition.--In this section, the term ``Navy-Marine Corps
Intranet contract'' has the meaning given such term in section
814(i)(1) of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as amended by section 362(c) of Public Law 107-107
(115 Stat. 1067)).
SEC. 343. REIMBURSEMENT FOR RESERVE COMPONENT INTELLIGENCE SUPPORT.
(a) Source of Funds.--Chapter 1003 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 10115. Reimbursement for reserve component intelligence support
``(a) Authority.--Funds appropriated or otherwise made available to
a military department, Defense Agency, or combatant command for
operation and maintenance shall be available for the pay, allowances,
and other costs that would be charged to appropriations for a reserve
component for the performance of duties by members of that reserve
component in providing intelligence or counterintelligence support to--
``(1) such military department, Defense Agency, or
combatant command; or
``(2) a joint intelligence activity, including any such
activity for which funds are authorized to be appropriated
within the National Foreign Intelligence Program, the Joint
Military Intelligence Program, or the Tactical Intelligence and
Related Activities aggregate (or any successor to such program
or aggregate).
``(b) Construction of Provision.--Nothing in this section shall be
construed to authorize deviation from established reserve component
personnel or training procedures.''.
(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 component intelligence support.''.
SEC. 344. REBATE AGREEMENTS UNDER THE SPECIAL SUPPLEMENTAL FOOD
PROGRAM.
(a) Applicability to Navy Exchange Markets.--Paragraph (1)(A) of
section 1060a(e) of title 10, United States Code, is amended by
inserting ``or Navy Exchange Markets'' after ``commissary stores''.
(b) Increased Maximum Period of Agreement.--Paragraph (3) of such
section 1060a(e) is amended by striking ``subsection may not exceed one
year'' in the first sentence and inserting ``subsection, including any
period of extension of the contract by modification of the contract,
exercise of an option, or other cause, may not exceed three years''.
SEC. 345. LOGISTICS SUPPORT AND SERVICES FOR WEAPON SYSTEMS
CONTRACTORS.
(a) Authority.--The Secretary of Defense may make available, in
accordance with this section and the regulations prescribed under
subsection (e), logistics support and logistics services to a
contractor in support of the performance by the contractor of a
contract for the construction, modification, or maintenance of a weapon
system that is entered into by an official of the Department of
Defense.
(b) Support Contracts.--Any logistics support and logistics
services that is to be provided under this section to a contractor in
support of the performance of a contract shall be provided under a
separate contract that is entered into by the Director of the Defense
Logistics Agency with that contractor.
(c) Scope of Support and Services.--The logistics support and
logistics services that may be provided under this section in support
of the performance of a contract described in subsection (a) are the
distribution, disposal, and cataloging of materiel and repair parts
necessary for the performance of that contract.
(d) Limitations.--(1) The number of contracts described in
subsection (a) for which the Secretary makes logistics support and
logistics services available under the authority of this section may
not exceed five contracts. The total amount of the estimated costs of
all such contracts for which logistics support and logistics services
are made available under this section may not exceed $100,000,000.
(2) No contract entered into by the Director of the Defense
Logistics Agency under subsection (b) may be for a period in excess of
five years, including periods for which the contract is extended under
options to extend the contract.
(e) Regulations.--Before exercising the authority under this
section, the Secretary of Defense shall prescribe in regulations such
requirements, conditions, and restrictions as the Secretary determines
appropriate to ensure that logistics support and logistics services are
provided under this section only when it is in the best interests of
the United States to do so. The regulations shall include, at a
minimum, the following:
(1) A requirement for the authority under this section to
be used only for providing logistics support and logistics
services in support of the performance of a contract that is
entered into using competitive procedures (as defined in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403)).
(2) A requirement for the solicitation of offers for a
contract described in subsection (a), for which logistics
support and logistics services are to be made available under
this section, to include--
(A) a statement that the logistics support and
logistics services are to be made available under the
authority of this section to any contractor awarded the
contract, but only on a basis that does not require
acceptance of the support and services; and
(B) a description of the range of the logistics
support and logistics services that are to be made
available to the contractor.
(3) A requirement for the rates charged a contractor for
logistics support and logistics services provided to a
contractor under this section to reflect the full cost to the
United States of the resources used in providing the support
and services, including the costs of resources used, but not
paid for, by the Department of Defense.
(4) A requirement to credit to the General Fund of the
Treasury amounts received by the Department of Defense from a
contractor for the cost of logistics support and logistics
services provided to the contractor by the Department of
Defense under this section but not paid for out of funds
available to the Department of Defense.
(5) With respect to a contract described in subsection (a)
that is being performed for a department or agency outside the
Department of Defense, a prohibition, in accordance with
applicable contracting procedures, on the imposition of any
charge on that department or agency for any effort of
Department of Defense personnel or the contractor to correct
deficiencies in the performance of such contract.
(6) A prohibition on the imposition of any charge on a
contractor for any effort of the contractor to correct a
deficiency in the performance of logistics support and
logistics services provided to the contractor under this
section.
(f) Relationship to Treaty Obligations.--The Secretary shall ensure
that the exercise of authority under this section does not conflict
with any obligation of the United States under any treaty or other
international agreement.
(g) Termination of Authority.--(1) The authority provided in this
section shall expire on September 30, 2007, subject to paragraph (2).
(2) The expiration of the authority under this section does not
terminate--
(A) any contract that was entered into by the Director of
the Defense Logistics Agency under subsection (b) before the
expiration of the authority or any obligation to provide
logistics support and logistics services under that contract;
or
(B) any authority--
(i) to enter into a contract described in
subsection (a) for which a solicitation of offers was
issued in accordance with the regulations prescribed
pursuant to subsection (e)(2) before the date of the
expiration of the authority; or
(ii) to provide logistics support and logistics
services to the contractor with respect to that
contract in accordance with this section.
SEC. 346. CONTINUATION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Extension Through Fiscal Year 2004.--Subsection (a) of section
343 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-65) is amended by striking ``and 2002'' and inserting ``through
2004''.
(b) Reporting Requirements.--Subsection (g) of such section is
amended--
(1) in paragraph (1), by striking ``2002'' and inserting
``2004''; and
(2) in paragraph (2), by striking the first sentence and
inserting the following new sentence: ``Not later than July 1,
2003, the Secretary of the Army shall submit to the
congressional defense committees a report on the results of the
demonstration program since its implementation, including the
Secretary's views regarding the benefits of the program for
Army manufacturing arsenals and the Department of the Army and
the success of the program in achieving the purposes specified
in subsection (b).''.
SEC. 347. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF DEFENSE
TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR
INTELLIGENCE COLLECTION ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended by
striking ``December 31, 2002'' in the second sentence and inserting
``December 31, 2004''.
SEC. 348. INSTALLATION AND CONNECTION POLICY AND PROCEDURES REGARDING
DEFENSE SWITCH NETWORK.
(a) Establishment of Policy and Procedures.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall establish clear and uniform policy and procedures,
applicable to the military departments and Defense Agencies, regarding
the installation and connection of telecom switches to the Defense
Switch Network.
(b) Elements of Policy and Procedures.--The policy and procedures
shall address at a minimum the following:
(1) Clear interoperability and compatibility requirements
for procuring, certifying, installing, and connecting telecom
switches to the Defense Switch Network.
(2) Current, complete, and enforceable testing, validation,
and certification procedures needed to ensure the
interoperability and compatibility requirements are satisfied.
(c) Exceptions.--(1) The Secretary of Defense may specify certain
circumstances in which--
(A) the requirements for testing, validation, and
certification of telecom switches may be waived; or
(B) interim authority for the installation and connection
of telecom switches to the Defense Switch Network may be
granted.
(2) Only the Assistant Secretary of Defense for Command, Control,
Communications, and Intelligence, after consultation with the Chairman
of the Joint Chiefs of Staff, may approve a waiver or grant of interim
authority under paragraph (1).
(d) Inventory of Defense Switch Network.--The Secretary of Defense
shall prepare and maintain an inventory of all telecom switches that,
as of the date on which the Secretary issues the policy and
procedures--
(1) are installed or connected to the Defense Switch
Network; but
(2) have not been tested, validated, and certified by the
Defense Information Systems Agency (Joint Interoperability Test
Center).
(e) Interoperability Risks.--(1) The Secretary of Defense shall, on
an ongoing basis--
(A) identify and assess the interoperability risks that are
associated with the installation or connection of uncertified
switches to the Defense Switch Network and the maintenance of
such switches on the Defense Switch Network; and
(B) develop and implement a plan to eliminate or mitigate
such risks as identified.
(2) The Secretary shall initiate action under paragraph (1) upon
completing the initial inventory of telecom switches required by
subsection (d).
(f) Telecom Switch Defined.--In this section, the term ``telecom
switch'' means hardware or software designed to send and receive voice,
data, or video signals across a network that provides customer voice,
data, or video equipment access to the Defense Switch Network or public
switched telecommunications networks.
SEC. 349. ENGINEERING STUDY AND ENVIRONMENTAL ANALYSIS OF ROAD
MODIFICATIONS IN VICINITY OF FORT BELVOIR, VIRGINIA.
(a) Study and Analysis.--(1) The Secretary of the Army shall
conduct a preliminary engineering study and environmental analysis to
evaluate the feasibility of establishing a connector road between
Richmond Highway (United States Route 1) and Telegraph Road in order to
provide an alternative to Beulah Road (State Route 613) and Woodlawn
Road (State Route 618) at Fort Belvoir, Virginia, which were closed as
a force protection measure.
(2) It is the sense of Congress that the study and analysis should
consider as one alternative the extension of Old Mill Road between
Richmond Highway and Telegraph Road.
(b) Consultation.--The study required by subsection (a) shall be
conducted in consultation with the Department of Transportation of the
Commonwealth of Virginia and Fairfax County, Virginia.
(c) Report.--The Secretary shall submit to Congress a summary
report on the study and analysis required by subsection (a). The
summary report shall be submitted together with the budget
justification materials in support of the budget of the President for
fiscal year 2006 that is submitted to Congress under section 1105(a) of
title 31, United States Code.
(d) Funding.--Of the amount authorized to be appropriated by
section 301(a)(1) for the Army for operation and maintenance,
$5,000,000 may be available for the study and analysis required by
subsection (a).
SEC. 350. EXTENSION OF WORK SAFETY DEMONSTRATION PROGRAM.
Section 1112 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-313) is amended--
(1) in subsection (d), by striking ``September 30, 2002''
and inserting ``September 30, 2003''; and
(2) in subsection (e)(2), by striking ``December 1, 2002''
and inserting ``December 1, 2003''.
SEC. 351. LIFT SUPPORT FOR MINE WARFARE SHIPS AND OTHER VESSELS.
(a) Amount.--Of the amount authorized to be appropriated by section
302(2), $10,000,000 shall be available for implementing the
recommendations resulting from the Navy's Non-Self Deployable
Watercraft (NDSW) Study and the Joint Chiefs of Staff Focused Logistics
Study, which are to determine the requirements of the Navy for
providing lift support for mine warfare ships and other vessels.
(b) Offsetting Reduction.--Of the amount authorized to be
appropriated by section 302(2), the amount provided for the procurement
of mine countermeasures ships cradles is hereby reduced by $10,000,000.
SEC. 352. NAVY DATA CONVERSION ACTIVITIES.
(a) Amount for Activities.--The amount authorized to be
appropriated by section 301(a)(2) is hereby increased by $1,500,000.
The total amount of such increase may be available for the Navy Data
Conversion and Management Laboratory to support data conversion
activities for the Navy.
(b) Offset.--The amount authorized to be appropriated by section
301(a)(1) is hereby reduced by $1,500,000 to reflect a reduction in the
utilities privatization efforts previously planned by the Army.
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, 485,000.
(2) The Navy, 379,200.
(3) The Marine Corps, 175,000.
(4) The Air Force, 362,500.
SEC. 402. AUTHORITY TO INCREASE STRENGTH AND GRADE LIMITATIONS TO
ACCOUNT FOR RESERVE COMPONENT MEMBERS ON ACTIVE DUTY IN
SUPPORT OF A CONTINGENCY OPERATION.
(a) Active Duty Strength.--Section 115(c)(1) of title 10, United
States Code, is amended to read as follows:
``(1) increase the end strength authorized pursuant to
subsection (a)(1)(A) for a fiscal year for any of the armed
forces by--
``(A) a number equal to not more than 2 percent of
that end strength;
``(B) a number equal to the number of members of
the reserve components of that armed force on active
duty under section 12301(d) of this title in support of
a contingency operation in that fiscal year; or
``(C) a number not greater than the sum of the
numbers authorized by subparagraphs (A) and (B).''.
(b) Authorized Daily Average for Members in Pay Grades E-8 and E-9
on Active Duty.--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 under subsection (a) by the
number of enlisted members of reserve components of that armed force in
pay grades E-8 and E-9, respectively, that are on active duty in that
fiscal year under section 12301(d) of this title in support of a
contingency operation.''.
(c) Authorized Strengths for Commissioned Officers in Pay Grades O-
4, O-5, and O-6 on Active Duty.--Section 523 of such title is amended--
(1) in subsection (a), by striking ``subsection (c)'' in
paragraphs (1) and (2) 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 in the Army,
Navy, Air Force, or Marine Corps in a grade referred to in subsection
(c) at the end of any fiscal year under that subsection by the number
of commissioned officers of reserve components of the Army, Navy, Air
Force, or Marine Corps, respectively, that are then serving on active
duty in that grade under section 12301(d) of this title in support of a
contingency operation.''.
(d) Authorized Strengths for General and Flag Officers on Active
Duty.--Section 526(a) of such title is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by striking ``Limitations.--The'' and inserting
``Limitations.--(1) Except as provided in paragraph (2), the'';
and
(3) by adding at the end the following new paragraph (2):
``(2) The Secretary of Defense may increase the number of general
and flag officers authorized to be on active duty in the Army, Navy,
Air Force, or Marine Corps under paragraph (1) by the number of reserve
general or flag officers of reserve components of the Army, Navy, Air
Force, or Marine Corps, respectively, that are on active duty under
section 12301(d) of this title in support of a contingency
operation.''.
SEC. 403. INCREASED ALLOWANCE FOR NUMBER OF MARINE CORPS GENERAL
OFFICERS ON ACTIVE DUTY IN GRADES ABOVE MAJOR GENERAL.
Section 525(b)(2)(B) of title 10, United States Code, is amended by
striking ``16.2 percent'' and inserting ``17.5 percent''.
SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON
ACTIVE DUTY IN THE GRADE OF COLONEL.
The table in section 523(a)(1) of title 10, United States Code, is
amended by striking the figures under the heading ``Colonel'' in the
portion of the table relating to the Marine Corps and inserting the
following:
``571
632
653
673
694
715
735''.
Subtitle B--Reserve Forces
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.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN 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 full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 24,492.
(2) The Army Reserve, 13,888.
(3) The Naval Reserve, 14,572.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,727.
(6) The Air Force Reserve, 1,498.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2003 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 6,599.
(2) For the Army National Guard of the United States,
24,102.
(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 LIMITATIONS ON NON-DUAL STATUS TECHNICIANS.
(a) Limitations.--(1) Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September 30,
2003, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by the Army
Reserve as of September 30, 2003, may not exceed 995.
(3) The Air Force Reserve may not employ any person as a non-dual
status technician during fiscal year 2003.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given the term in
section 10217(a) of title 10, United States Code.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2003 a total of
$94,352,208,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2003.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. EXTENSION OF CERTAIN REQUIREMENTS AND EXCLUSIONS APPLICABLE
TO SERVICE OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY IN
CERTAIN JOINT DUTY ASSIGNMENTS.
(a) Recommendations for Assignment to Senior Joint Officer
Positions.--Section 604(c) of title 10, United States Code, is amended
by striking ``September 30, 2003'' and inserting ``December 31, 2003''.
(b) Inapplicability of Grade Distribution Requirements.--Section
525(b)(5)(C) of such title is amended by striking ``September 30,
2003'' and inserting ``December 31, 2003''.
(c) Exclusion From Strength Limitation.--Section 526(b)(3) of such
title is amended by striking ``October 1, 2002'' and inserting
``December 31, 2003''.
SEC. 502. EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT FOR SIGNIFICANT
JOINT DUTY EXPERIENCE FOR APPOINTMENT AS A CHIEF OF A
RESERVE COMPONENT OR A NATIONAL GUARD DIRECTOR.
(a) Chief of Army Reserve.--Section 3038(b)(4) of title 10, United
States Code, is amended by striking ``October 1, 2003'' and inserting
``December 31, 2003''.
(b) Chief of Naval Reserve.--Section 5143(b)(4) of such title is
amended by striking ``October 1, 2003'' and inserting ``December 31,
2003''.
(c) Commander, Marine Forces Reserve.--Section 5144(b)(4) of such
title is amended by striking ``October 1, 2003'' and inserting
``December 31, 2003''.
(d) Chief of Air Force Reserve.--Section 8038(b)(4) of such title
10, United States Code, is amended by striking ``October 1, 2003'' and
inserting ``December 31, 2003''.
(e) Directors of the National Guard.--Section 10506(a)(3)(D) of
such title is amended by striking ``October 1, 2003'' and inserting
``December 31, 2003''.
SEC. 503. REPEAL OF LIMITATION ON AUTHORITY TO GRANT CERTAIN OFFICERS A
WAIVER OF REQUIRED SEQUENCE FOR JOINT PROFESSIONAL
MILITARY EDUCATION AND JOINT DUTY ASSIGNMENT.
Section 661(c)(3)(D) of title 10, United States Code, is amended by
striking ``In the case of officers in grades below brigadier general''
and all that follows through ``selected for the joint specialty during
that fiscal year.''.
SEC. 504. EXTENSION OF TEMPORARY AUTHORITY FOR RECALL OF RETIRED
AVIATORS.
Section 501(e) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 589) is amended by striking
``September 30, 2002'' and inserting ``September 30, 2008''.
SEC. 505. INCREASED GRADE FOR HEADS OF NURSE CORPS.
(a) Army.--Section 3069(b) of title 10, United States Code, is
amended by striking ``brigadier general'' in the second sentence and
inserting ``major general''.
(b) Navy.--The first sentence of section 5150(c) of such title is
amended--
(1) by inserting ``rear admiral (upper half) in the case of
an officer in the Nurse Corps or'' after ``for promotion to the
grade of''; and
(2) by inserting ``in the case of an officer in the Medical
Service Corps'' after ``rear admiral (lower half)''.
(c) Air Force.--Section 8069(b) of such title is amended by
striking ``brigadier general'' in the second sentence and inserting
``major general''.
SEC. 506. REINSTATEMENT OF AUTHORITY TO REDUCE SERVICE REQUIREMENT FOR
RETIREMENT IN GRADES ABOVE O-4.
(a) Officers on Active Duty.--Subsection (a)(2)(A) of section 1370
of title 10, United States Code, is amended--
(1) by striking ``may authorize'' and all that follows and
inserting ``may, in the case of retirements effective during
the period beginning on September 1, 2002, and ending on
December 31, 2004, authorize--''; and
(2) by adding at the end the following:
``(1) the Deputy Under Secretary of Defense for Personnel
and Readiness to reduce such 3-year period of required service
to a period not less than two years for retirements in grades
above colonel or, in the case of the Navy, captain; and
``(2) the Secretary of a military department or the
Assistant Secretary of a military department having
responsibility for manpower and reserve affairs to reduce such
3-year period to a period of required service not less than two
years for retirements in grades of lieutenant colonel and
colonel or, in the case of the Navy, commander and captain.''.
(b) Reserve Officers.--Subsection (d)(5) of such section is
amended--
(1) in the first sentence--
(A) by striking ``may authorize'' and all that
follows and inserting ``may, in the case of retirements
effective during the period beginning on September 1,
2002, and ending on December 31, 2004, authorize--'';
and
(B) by adding at the end the following:
``(A) the Deputy Under Secretary of Defense for Personnel
and Readiness to reduce such 3-year period of required service
to a period not less than two years for retirements in grades
above colonel or, in the case of the Navy, captain; and
``(B) the Secretary of a military department or the
Assistant Secretary of a military department having
responsibility for manpower and reserve affairs to reduce such
3-year period of required service to a period not less than two
years for retirements in grades of lieutenant colonel and
colonel or, in the case of the Navy, commander and captain.'';
(2) by designating the second sentence as paragraph (6) and
realigning such paragraph, as so redesignated 2 ems from the
left margin; and
(3) in paragraph (6), as so redesignated, by striking
``this paragraph'' and inserting ``paragraph (5)''.
(c) Advance Notice to the President and Congress.--Such section is
further amended by adding at the end the following new subsection:
``(e) Advance Notice to Congress.--(1) The Secretary of Defense
shall notify the Committees on Armed Services of the Senate and House
of Representatives of--
``(A) an exercise of authority under paragraph (2)(A) of
subsection (a) to reduce the 3-year minimum period of required
service on active duty in a grade in the case of an officer to
whom such paragraph applies before the officer is retired in
such grade under such subsection without having satisfied that
3-year service requirement; and
``(B) an exercise of authority under paragraph (5) of
subsection (d) to reduce the 3-year minimum period of service
in grade required under paragraph (3)(A) of such subsection in
the case of an officer to whom such paragraph applies before
the officer is credited with satisfactory service in such grade
under subsection (d) without having satisfied that 3-year
service requirement.
``(2) The requirement for a notification under paragraph (1) is
satisfied in the case of an officer to whom subsection (c) applies if
the notification is included in the certification submitted with
respect to such officer under paragraph (1) of such subsection.
``(3) The notification requirement under paragraph (1) does not
apply to an officer being retired in the grade of lieutenant colonel or
colonel or, in the case of the Navy, commander or captain.''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. TIME FOR COMMENCEMENT OF INITIAL PERIOD OF ACTIVE DUTY FOR
TRAINING UPON ENLISTMENT IN RESERVE COMPONENT.
Section 12103(d) of title 10, United States Code, is amended by
striking ``270 days'' in the second sentence and inserting ``one
year''.
SEC. 512. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFERMENT OF
MANDATORY RETIREMENT OR SEPARATION OF RESERVE COMPONENT
OFFICER.
(a) Authority.--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) Authority.--If, in the case of an officer required to be
retired or separated under this chapter or chapter 1409 of this title,
the Secretary concerned determines that the evaluation of the physical
condition of the officer and determination of the officer's entitlement
to retirement or separation for physical disability require
hospitalization or medical observation and that such hospitalization or
medical observation cannot be completed with confidence in a manner
consistent with the officer's well being before the date on which the
officer would otherwise be required to retire or be separated, the
Secretary may defer the retirement or separation of the officer.
``(b) Period of Deferment.--A deferral of retirement or separation
under subsection (a) may not extend for more than 30 days after the
completion of the evaluation requiring hospitalization or medical
observation.''.
(b) Clerical Amendment.--The table of sections at the 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. 513. REPEAL OF PROHIBITION ON USE OF AIR FORCE RESERVE AGR
PERSONNEL FOR AIR FORCE BASE SECURITY FUNCTIONS.
(a) Repeal.--Section 12551 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1215 of such title is amended by striking the item relating to
section 12551.
Subtitle C--Education and Training
SEC. 521. INCREASE IN AUTHORIZED STRENGTHS FOR THE SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4342 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``4,000'' in the first
sentence and inserting ``4,400''; and
(2) in subsection (i), by striking ``variance in that
limitation'' and inserting ``variance above that limitation''.
(b) United States Naval Academy.--Section 6954 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``4,000'' in the first
sentence and inserting ``4,400'; and
(2) in subsection (g), by striking ``variance in that
limitation'' and inserting ``variance above that limitation''.
(c) United States Air Force Academy.--Section 9342 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``4,000'' in the first
sentence and inserting ``4,400''; and
(2) in subsection (i), by striking ``variance in that
limitation'' and inserting ``variance above that limitation''.
Subtitle D--Decorations, Awards, and Commendations
SEC. 531. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the
time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards of
decorations described in this section, the award of each such
decoration having been determined by the Secretary concerned to be
warranted in accordance with section 1130 of title 10, United States
Code.
(b) Distinguished-Service Cross of the Army.--Subsection (a)
applies to the award of the Distinguished-Service Cross of the Army as
follows:
(1) To Henry Johnson of Albany, New York, for extraordinary
heroism in France during the period of May 13 to 15, 1918,
while serving as a member of the Army.
(2) To Hilliard Carter of Jackson, Mississippi, for
extraordinary heroism in actions near Troung Loung, Republic of
Vietnam, on September 28, 1966, while serving as a member of
the Army.
(3) To Albert C. Welch of Highland Ranch, Colorado, for
extraordinary heroism in actions in Ong Thanh, Binh Long
Province, Republic of Vietnam, on October 17, 1967, while
serving as a member of the Army.
(c) Distinguished Flying Cross of the Navy.--Subsection (a) applies
to the award of the Distinguished Flying Cross of the Navy as follows:
(1) To Eduguardo Coppola of Falls Church, Virginia, for
extraordinary achievement while participating in aerial flight
during World War II, while serving as a member of the Navy.
(2) To James Hoisington, Jr., of Stillman Valley, Illinois,
for extraordinary achievement while participating in aerial
flight during World War II, while serving as a member of the
Navy.
(3) To William M. Melvin of Lawrenceburg, Tennessee, for
extraordinary achievement while participating in aerial flight
during World War II, while serving as a member of the Navy.
(4) To Vincent Urbank of Tom River, New Jersey, for
extraordinary achievement while participating in aerial flight
during World War II, while serving as a member of the Navy.
SEC. 532. KOREA DEFENSE SERVICE MEDAL.
(a) Findings.--Congress makes the following findings:
(1) More than 40,000 members of the United States Armed
Forces have served on the Korean Peninsula each year since the
signing of the cease-fire agreement in July 1953 ending the
Korean War.
(2) An estimated 1,200 members of the United States Armed
Forces died as a direct result of their service in Korea since
the cease-fire agreement in July 1953.
(b) Army.--(1) Chapter 357 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3755. Korea Defense Service Medal
``(a) The Secretary of the Army shall issue a campaign medal, to be
known as the Korea Defense Service Medal, to each person who while a
member of the Army served in the Republic of Korea or the waters
adjacent thereto during the KDSM eligibility period and met the service
requirements for the award of that medal prescribed under subsection
(c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined by the
Secretary of Defense to be appropriate for terminating eligibility for
the Korea Defense Service Medal.
``(c) The Secretary of the Army shall prescribe service
requirements for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service requirements
for award of the Armed Forces Expeditionary Medal for instances in
which the award of that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3755. Korea Defense Service Medal.''.
(c) Navy and Marine Corps.--(1) Chapter 567 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 6257. Korea Defense Service Medal
``(a) The Secretary of the Navy shall issue a campaign medal, to be
known as the Korea Defense Service Medal, to each person who while a
member of the Navy or Marine Corps served in the Republic of Korea or
the waters adjacent thereto during the KDSM eligibility period and met
the service requirements for the award of that medal prescribed under
subsection (c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined by the
Secretary of Defense to be appropriate for terminating eligibility for
the Korea Defense Service Medal.
``(c) The Secretary of the Navy shall prescribe service
requirements for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service requirements
for award of the Armed Forces Expeditionary Medal for instances in
which the award of that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6257. Korea Defense Service Medal.''.
(d) Air Force.--(1) Chapter 857 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8755. Korea Defense Service Medal
``(a) The Secretary of the Air Force shall issue a campaign medal,
to be known as the Korea Defense Service Medal, to each person who
while a member of the Air Force served in the Republic of Korea or the
waters adjacent thereto during the KDSM eligibility period and met the
service requirements for the award of that medal prescribed under
subsection (c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined by the
Secretary of Defense to be appropriate for terminating eligibility for
the Korea Defense Service Medal.
``(c) The Secretary of the Air Force shall prescribe service
requirements for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service requirements
for award of the Armed Forces Expeditionary Medal for instances in
which the award of that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8755. Korea Defense Service Medal.''.
(e) Award for Service Before Date of Enactment.--The Secretary of
the military department concerned shall take appropriate steps to
provide in a timely manner for the issuance of the Korea Defense
Service Medal, upon application therefor, to persons whose eligibility
for that medal is by reason of service in the Republic of Korea or the
waters adjacent thereto before the date of the enactment of this Act.
Subtitle E--National Call to Service
SEC. 541. ENLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO FACILITATE
NATIONAL SERVICE.
(a) Authority.--(1) Chapter 5 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 326. Enlistment incentives for pursuit of skills to facilitate
national service
``(a) Incentives Authorized.--The Secretary of Defense may carry
out a program in accordance with the provisions of this section under
which program a National Call to Service participant described in
subsection (b) shall be entitled to an incentive specified in
subsection (d).
``(b) National Call to Service Participant.--In this section, the
term `National Call to Service participant' means a person who first
enlists in the armed forces pursuant to a written agreement (prescribed
by the Secretary of the military department concerned) under which
agreement the person shall--
``(1) upon completion of initial entry training (as
prescribed by the Secretary of Defense), serve on active duty
in the armed forces in a military occupational specialty
designated by the Secretary of Defense under subsection (c) for
a period of 15 months; and
``(2) upon completion of such service on active duty, and
without a break in service, serve the minimum period of
obligated service specified in the agreement under this
section--
``(A) on active duty in the armed forces;
``(B) in the Selected Reserve;
``(C) in the Individual Ready Reserve;
``(D) in the Peace Corps, Americorps, or another
national service program jointly designated by the
Secretary of Defense and the head of such program for
purposes of this section; or
``(E) in any combination of service referred to in
subparagraphs (A) through (D) that is approved by the
Secretary of the military department concerned pursuant
to regulations prescribed by the Secretary of Defense.
``(c) Designated Military Occupational Specialties.--The Secretary
of Defense shall designate military occupational specialties for
purposes of subsection (b)(1). Such military occupational specialties
shall be military occupational specialties that will facilitate, as
determined by the Secretary, pursuit of national service by National
Call to Service participants during and after their completion of duty
or service under an agreement under subsection (b).
``(d) Incentives.--The incentives specified in this subsection are
as follows:
``(1) Payment of a bonus in the amount of $5,000.
``(2) Payment of outstanding principal and interest on
qualifying student loans of the National Call to Service
participant in an amount not to exceed $18,000.
``(3) Entitlement to an allowance for educational
assistance at the monthly rate equal to the monthly rate
payable for basic educational assistance allowances under
section 3015(a)(1) of title 38 for a total of 12 months.
``(4) Entitlement to an allowance for educational
assistance at the monthly rate equal to \2/3\ of the monthly
rate payable for basic educational assistance allowances under
section 3015(b)(1) of title 38 for a total of 36 months.
``(e) Election of Incentives.--A National Call to Service
participant shall elect in the agreement under subsection (b) which
incentive under subsection (d) to receive. An election under this
subsection is irrevocable.
``(f) Payment of Bonus Amounts.--(1) Payment to a National Call to
Service participant of the bonus elected by the National Call to
Service participant under subsection (d)(1) shall be made in such time
and manner as the Secretary of Defense shall prescribe.
``(2)(A) Payment of outstanding principal and interest on the
qualifying student loans of a National Call to Service participant, as
elected under subsection (d)(2), shall be made in such time and manner
as the Secretary of Defense shall prescribe.
``(B) Payment under this paragraph of the outstanding principal and
interest on the qualifying student loans of a National Call to Service
participant shall be made to the holder of such student loans, as
identified by the National Call to Service participant to the Secretary
of the military department concerned for purposes of such payment.
``(3) Payment of a bonus or incentive in accordance with this
subsection shall be made by the Secretary of the military department
concerned.
``(g) Coordination With Montgomery GI Bill Benefits.--(1) A
National Call to Service participant who elects an incentive under
paragraph (3) or (4) of subsection (d) is not entitled to educational
assistance under chapter 1606 of title 10 or basic educational
assistance under subchapter II of chapter 30 of title 38.
``(2)(A) The Secretary of Defense shall, to the maximum extent
practicable, administer the receipt by National Call to Service
participants of incentives under paragraph (3) or (4) of subsection (d)
as if such National Call to Service participants were, in receiving
such incentives, receiving educational assistance for members of the
Selected Reserve under chapter 1606 of title 10.
``(B) The Secretary of Defense shall, in consultation with the
Secretary of Veterans Affairs, prescribe regulations for purposes of
subparagraph (A). Such regulations shall, to the maximum extent
practicable, take into account the administrative provisions of
chapters 30 and 36 of title 38 that are specified in section 16136 of
title 10.
``(3) Except as provided in paragraph (1), nothing in this section
shall prohibit a National Call to Service participant who satisfies
through service under subsection (b) the eligibility requirements for
educational assistance under chapter 1606 of title 10 or basic
educational assistance under chapter 30 of title 38 from an entitlement
to such educational assistance under chapter 1606 of title 10 or basic
educational assistance under chapter 30 of title 38, as the case may
be.
``(h) Repayment.--(1) If a National Call to Service participant who
has entered into an agreement under subsection (b) and received or
benefited from an incentive under subsection (d)(1) or (d)(2) fails to
complete the total period of service specified in such agreement, the
National Call to Service participant shall refund to the United States
the amount that bears the same ratio to the amount of the incentive as
the uncompleted part of such service bears to the total period of such
service.
``(2) Subject to paragraph (3), an obligation to reimburse the
United States imposed under paragraph (1) is for all purposes a debt
owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a
reimbursement required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered into
less than 5 years after the termination of an agreement entered into
under subsection (b) does not discharge the person signing the
agreement from a debt arising under the agreement or under paragraph
(1).
``(i) Funding.--Amounts for payment of incentives under subsection
(d), including payment of allowances for educational assistance under
that subsection, shall be derived from amounts available to the
Secretary of the military department concerned for payment of pay,
allowances, and other expenses of the members of the armed force
concerned.
``(j) Regulations.--The Secretary of Defense and the Secretaries of
the military departments shall prescribe regulations for purposes of
the program under this section.
``(k) Definitions.--In this section:
``(1) The term `Americorps' means the Americorps program
carried out under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) The term `qualifying student loan' means a loan, the
proceeds of which were used to pay the cost of attendance (as
defined in section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll) at an institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) The term `Secretary of a military department'
includes the Secretary of Transportation, with respect to
matters concerning the Coast Guard when it is not operating as
a service in the Navy.''.
(2) The table of sections at the beginning of that chapter is
amended by inserting after the item relating to section 325 the
following new item:
``326. Enlistment incentives for pursuit of skills to facilitate
national service.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2002. No individual entering into an
enlistment before that date may participate in the program under
section 326 of title 37, United States Code, as added by that
subsection.
SEC. 542. MILITARY RECRUITER ACCESS TO INSTITUTIONS OF HIGHER
EDUCATION.
(a) Access to Institutions of Higher Education.--Section 503 of
title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Access to Institutions of Higher Education.--(1) Each
institution of higher education receiving assistance under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.)--
``(A) shall provide to military recruiters the same access
to students at the institution as is provided generally to
prospective employers of those students; and
``(B) shall, upon a request made by military recruiters for
military recruiting purposes, provide access to the names,
addresses, and telephone listings of students at the
institution, notwithstanding section 444(a)(5)(B) of the
General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)).
``(2) An institution of higher education may not release a
student's name, address, and telephone listing under paragraph (1)(B)
without the prior written consent of the student or the parent of the
student (in the case of a student under the age of 18) if the student,
or a parent of the student, as appropriate, has submitted a request to
the institution of higher education that the student's information not
be released for a purpose covered by that subparagraph without prior
written consent. Each institution of higher education shall notify
students and parents of the rights provided under the preceding
sentence.
``(3) In this subsection, the term `institution of higher
education' has the meaning given the term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
(b) Notification.--The Secretary of Education shall provide to
institutions of higher education notice of the provisions of subsection
(d) of section 503 of title 10, United States Code, as amended by
subsection (a) of this section. Such notice shall be provided not later
than 120 days after the date of the enactment of this Act, and shall be
provided in consultation with the Secretary of Defense.
Subtitle F--Other Matters
SEC. 551. BIENNIAL SURVEYS ON RACIAL, ETHNIC, AND GENDER ISSUES.
(a) Division of Annual Survey Into Two Biennial Surveys.--Section
481 of title 10, United States Code, is amended to read as follows:
``Sec. 481. Racial, ethnic, and gender issues: biennial surveys
``(a) In General.--The Secretary of Defense shall carry out two
separate biennial surveys in accordance with this section to identify
and assess racial, ethnic, and gender issues and discrimination among
members of the armed forces serving on active duty and the extent (if
any) of activity among such members that may be seen as so-called `hate
group' activity.
``(b) Biennial Survey on Racial and Ethnic Issues.--One of the
surveys conducted every two years under this section shall solicit
information on racial and ethnic issues and the climate in the armed
forces for forming professional relationships among members of the
armed forces of the various racial and ethnic groups. The information
solicited shall include the following:
``(1) Indicators of positive and negative trends for
professional and personal relationships among members of all
racial and ethnic groups.
``(2) The effectiveness of Department of Defense policies
designed to improve relationships among all racial and ethnic
groups.
``(3) The effectiveness of current processes for complaints
on and investigations into racial and ethnic discrimination.
``(c) Biennial Survey on Gender Issues.--One of the surveys
conducted every two years under this section shall solicit information
on gender issues, including issues relating to gender-based harassment
and discrimination, and the climate in the armed forces for forming
professional relationships between male and female members of the armed
forces. The information solicited shall include the following:
``(1) Indicators of positive and negative trends for
professional and personal relationships between male and female
members of the armed forces.
``(2) The effectiveness of Department of Defense policies
designed to improve professional relationships between male and
female members of the armed forces.
``(3) The effectiveness of current processes for complaints
on and investigations into gender-based discrimination.
``(d) Surveys To Alternate Every Year.--The biennial survey under
subsection (b) shall be conducted in odd-numbered years. The biennial
survey under subsection (c) shall be conducted in even-numbered years.
``(e) Implementing Entity.--The Secretary shall carry out the
biennial surveys through entities in the Department of Defense as
follows:
``(1) The biennial review under subsection (b), through the
Armed Forces Survey on Racial and Ethnic Issues.
``(2) The biennial review under subsection (c), through the
Armed Forces Survey on Gender Issues.
``(f) Reports to Congress.--Upon the completion of a biennial
survey under this section, the Secretary shall submit to Congress a
report containing the results of the survey.
``(g) Inapplicability to Coast Guard.--The requirements for surveys
under this section do not apply to the Coast Guard.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 23 of such title is
amended to read as follows:
``481. Racial, ethnic, and gender issues: biennial surveys.''.
SEC. 552. LEAVE REQUIRED TO BE TAKEN PENDING REVIEW OF A RECOMMENDATION
FOR REMOVAL BY A BOARD OF INQUIRY.
(a) Requirement.--Section 1182(c) of title 10, United States Code,
is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) Under regulations prescribed by the Secretary concerned, an
officer referred to in paragraph (1) may be required to take leave
pending the completion of the action under this chapter in the case of
that officer. The officer may be required to begin such leave at any
time following the officer's receipt of the report of the board of
inquiry, including the board's recommendation for removal from active
duty, and the expiration of any period allowed for submission by the
officer of a rebuttal to that report. The leave may be continued until
the date on which action by the Secretary concerned under this chapter
is completed in the case of the officer or may be terminated at any
earlier time.''.
(b) Payment for Mandatory Excess Leave Upon Disapproval of Certain
Involuntary Separation Recommendations.--Chapter 40 of such title is
amended by inserting after section 707 the following new section:
``Sec. 707a. Payment upon disapproval of certain board of inquiry
recommendations for excess leave required to be taken
``(a) An officer--
``(1) who is required to take leave under section
1182(c)(2) of this title, any period of which is charged as
excess leave under section 706(a) of this title, and
``(2) whose recommendation for removal from active duty in
a report of a board of inquiry is not approved by the Secretary
concerned under section 1184 of this title,
shall be paid, as provided in subsection (b), for the period of leave
charged as excess leave.
``(b)(1) An officer entitled to be paid under this section shall be
deemed, for purposes of this section, to have accrued pay and
allowances for each day of leave required to be taken under section
1182(c)(2) of this title that is charged as excess leave (except any
day of accrued leave for which the officer has been paid under section
706(b)(1) of this title and which has been charged as excess leave).
``(2) The officer shall be paid the amount of pay and allowances
that is deemed to have accrued to the officer under paragraph (1),
reduced by the total amount of his income from wages, salaries, tips,
other personal service income, unemployment compensation, and public
assistance benefits from any Government agency during the period the
officer is deemed to have accrued pay and allowances. Except as
provided in paragraph (3), such payment shall be made within 60 days
after the date on which the Secretary concerned decides not to remove
the officer from active duty.
``(3) If an officer is entitled to be paid under this section, but
fails to provide sufficient information in a timely manner regarding
the officer's income when such information is requested under
regulations prescribed under subsection (c), the period of time
prescribed in paragraph (2) shall be extended until 30 days after the
date on which the member provides the information requested.
``(c) This section shall be administered under uniform regulations
prescribed by the Secretaries concerned. The regulations may provide
for the method of determining an officer's income during any period the
officer is deemed to have accrued pay and allowances, including a
requirement that the officer provide income tax returns and other
documentation to verify the amount of the officer's income.''.
(c) Conforming Amendments.--(1) Section 706 of such title is
amended by inserting ``or 1182(c)(2)'' after ``section 876a'' in
subsections (a), (b), and (c).
(2) The heading for such section is amended to read as follows:
``Sec. 706. Administration of required leave''.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 40 of title 10, United States Code, is amended--
(1) by striking the item relating to section 706 and
inserting the following:
``706. Administration of required leave.'';
and
(2) by inserting after the item relating to section 707 the
following new item:
``707a. Payment upon disapproval of certain board of inquiry
recommendations for excess leave required
to be taken.''.
SEC. 553. STIPEND FOR PARTICIPATION IN FUNERAL HONORS DETAILS.
Section 1491(d) of title 10, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(A) For a participant in the funeral honors detail who is
a member or former member of the armed forces in a retired
status or is not a member of the armed forces (other than a
former member in a retired status) and not an employee of the
United States, either--
``(i) transportation; or
``(ii) a daily stipend prescribed annually by the
Secretary of Defense at a single rate that is designed
to defray the costs for transportation and other
expenses incurred by the participant in connection with
participation in the funeral honors detail.'';
(2) by inserting ``(1)'' after ``(d) Support.--'';
(3) by redesignating paragraph (2) as subparagraph (B);
(4) in subparagraph (B), as so redesignated, by inserting
``members of the armed forces in a retired status and'' after
``training for''; and
(5) by adding at the end the following:
``(2) A stipend paid under paragraph (1)(A) to a member or former
member of the armed forces in a retired status shall be in addition to
any other compensation to which the retired member may be entitled.''.
SEC. 554. WEAR OF ABAYAS BY FEMALE MEMBERS OF THE ARMED FORCES IN SAUDI
ARABIA.
(a) Prohibitions Relating to Wear of Abayas.--No member of the
Armed Forces having authority over a member of the Armed Forces and no
officer or employee of the United States having authority over a member
of the Armed Forces may--
(1) require or encourage that member to wear the abaya
garment or any part of the abaya garment while the member is in
the Kingdom of Saudi Arabia pursuant to a permanent change of
station or orders for temporary duty; or
(2) take any adverse action, whether formal or informal,
against the member for choosing not to wear the abaya garment
or any part of the abaya garment while the member is in the
Kingdom of Saudi Arabia pursuant to a permanent change of
station or orders for temporary duty.
(b) Instruction.--(1) The Secretary of Defense shall provide each
female member of the Armed Forces ordered to a permanent change of
station or temporary duty in the Kingdom of Saudi Arabia with
instructions regarding the prohibitions in subsection (a) immediately
upon the arrival of the member at a United States military installation
within the Kingdom of Saudi Arabia. The instructions shall be presented
orally and in writing. The written instruction shall include the full
text of this section.
(2) In carrying out paragraph (1), the Secretary shall act through
the Commander in Chief, United States Central Command and Joint Task
Force Southwest Asia, and the commanders of the Army, Navy, Air Force,
and Marine Corps components of the United States Central Command and
Joint Task Force Southwest Asia.
(c) Prohibition on Use of Funds for Procurement of Abayas.--Funds
appropriated or otherwise made available to the Department of Defense
may not be used to procure abayas for regular or routine issuance to
members of the Armed Forces serving in the Kingdom of Saudi Arabia or
for any personnel of contractors accompanying the Armed Forces in the
Kingdom of Saudi Arabia in the performance of contracts entered into
with such contractors by the United States.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
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 O-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\3\........... 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\3\........... 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, the rate of 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. RATE OF BASIC ALLOWANCE FOR SUBSISTENCE FOR ENLISTED
PERSONNEL OCCUPYING SINGLE GOVERNMENT QUARTERS WITHOUT
ADEQUATE AVAILABILITY OF MEALS.
(a) Authority To Pay Increased Rate.--Section 402(d) of title 37,
United States Code, is amended to read as follows:
``(d) Special Rate for Enlisted Members Occupying Single Quarters
Without Adequate Availability of Meals.--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 pay an enlisted member
the basic allowance for subsistence under this section at a monthly
rate that is twice the amount in effect under subsection (b)(2) while--
``(1) the member is assigned to single Government quarters
which have no adequate food storage or preparation facility in
the quarters; and
``(2) there is no Government messing facility serving those
quarters that is capable of making meals available to the
occupants of the quarters.''.
(b) Effective Date.--Subsection (a) and the amendment made by such
subsection shall take effect on October 1, 2002.
SEC. 603. BASIC ALLOWANCE FOR HOUSING IN CASES OF LOW-COST OR NO-COST
MOVES.
Section 403 of title 37, United States Code, is amended--
(1) by transferring paragraph (7) of subsection (b) to the
end of the section; and
(2) in such paragraph--
(A) by striking ``(7)'' and all that follows
through ``circumstances of which make it necessary that
the member be'' and inserting ``(o) Treatment of Low-
Cost and No-Cost Moves as Not Being Reassignments.--In
the case of a member who is assigned to duty at a
location or under circumstances that make it necessary
for the member to be''; and
(B) by inserting ``for the purposes of this
section'' after ``may be treated''.
SEC. 604. TEMPORARY AUTHORITY FOR HIGHER RATES OF PARTIAL BASIC
ALLOWANCE FOR HOUSING FOR CERTAIN MEMBERS ASSIGNED TO
HOUSING UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Authority.--The Secretary of Defense may prescribe and, under
section 403(n) of title 37, United States Code, pay for members of the
Armed Forces (without dependents) in privatized housing higher rates of
partial basic allowance for housing than those that are authorized
under paragraph (2) of such section 403(n).
(b) Members in Privatized Housing.--For the purposes of this
section, a member of the Armed Forces (without dependents) is a member
of the Armed Forces (without dependents) in privatized housing while
the member is assigned to housing that is acquired or constructed under
the authority of subchapter IV of chapter 169 of title 10, United
States Code.
(c) Treatment of Housing as Government Quarters.--For purposes of
section 403 of title 37, United States Code, a member of the Armed
Forces (without dependents) in privatized housing shall be treated as
residing in quarters of the United States or a housing facility under
the jurisdiction of the Secretary of a military department while a
higher rate of partial allowance for housing is paid for the member
under this section.
(d) Payment to Private Source.--The partial basic allowance for
housing paid for a member at a higher rate under this section may be
paid directly to the private sector source of the housing to whom the
member is obligated to pay rent or other charge for residing in such
housing if the private sector source credits the amount so paid against
the amount owed by the member for the rent or other charge.
(e) Termination of Authority.--Rates prescribed under subsection
(a) may not be paid under the authority of this section in connection
with contracts that are entered into after December 31, 2007, for the
construction or acquisition of housing under the authority of
subchapter IV of chapter 169 of title 10, United States Code.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(f) Prior Service Enlistment Bonus.--Section 308i(f) of such title
is amended by striking ``December 31, 2002'' and inserting ``December
31, 2003''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE PROFESSIONALS.
(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 ``December 31, 2003''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2003'' and inserting ``January 1,
2004''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2002'' and inserting ``December 31, 2003''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(f) of such title is
amended by striking ``December 31, 2002'' and inserting ``December 31,
2003''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking ``December 31, 2002'' and inserting ``December 31,
2003''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2002'' and inserting ``December
31, 2003''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(d) Retention Bonus for Members With Critical Military Skills.--
Section 323(i) of such title is amended by striking ``December 31,
2002'' and inserting ``December 31, 2003''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
SEC. 615. INCREASED MAXIMUM AMOUNT PAYABLE AS MULTIYEAR RETENTION BONUS
FOR MEDICAL OFFICERS OF THE ARMED FORCES.
Section 301d(a)(2) of title 37, United States Code, is amended by
striking ``$14,000'' and inserting ``$25,000''.
SEC. 616. INCREASED MAXIMUM AMOUNT PAYABLE AS INCENTIVE SPECIAL PAY FOR
MEDICAL OFFICERS OF THE ARMED FORCES.
Section 302(b)(1) of title 37, United States Code, is amended--
(1) by striking ``fiscal year 1992, and'' in the second
sentence and inserting ``fiscal year 1992,''; and
(2) by inserting before the period at the end of such
sentence the following: ``and before fiscal year 2003, and
$50,000 for any twelve-month period beginning after fiscal year
2002''.
SEC. 617. ASSIGNMENT INCENTIVE PAY.
(a) Authority.--(1) Chapter 5 of title 37, United States Code, is
amended by inserting after section 305a the following new section:
``Sec. 305b. Special pay: assignment incentive pay
``(a) Authority.--The Secretary concerned, with the concurrence of
the Secretary of Defense, may pay monthly incentive pay under this
section to a member of a uniformed service for a period that the member
performs service, while entitled to basic pay, in an assignment that is
designated by the Secretary concerned.
``(b) Maximum Rate.--The maximum monthly rate of incentive pay
payable to a member under this section is $1,500.
``(c) Relationship to Other Pay and Allowances.--Incentive pay paid
to a member under this section is in addition to any other pay and
allowances to which the member is entitled.
``(d) Status Not Affected by Temporary Duty or Leave.--The service
of a member in an assignment referred to in subsection (a) shall not be
considered discontinued during any period that the member is not
performing service in such assignment by reason of temporary duty
performed by the member pursuant to orders or absence of the member for
authorized leave.
``(e) Termination of Authority.--No assignment incentive pay may be
paid under this section for months beginning more than three years
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2003.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 305a the
following new item:
``305b. Special pay: assignment incentive pay.''.
(b) Annual Report.--Not later than February 28 of each of 2004 and
2005, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
administration of the authority under section 305b of title 37, United
States Code, as added by subsection (a). The report shall include an
assessment of the utility of that authority.
SEC. 618. INCREASED MAXIMUM AMOUNTS FOR 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''.
Subtitle C--Travel and Transportation Allowances
SEC. 631. DEFERRAL OF TRAVEL IN CONNECTION WITH LEAVE BETWEEN
CONSECUTIVE OVERSEAS TOURS.
(a) Date to Which Travel May Be Deferred.--Section 411b(a)(2) of
title 37, United States Code, is amended by striking ``not more than
one year'' in the first sentence and all that follows through
``operation ends.'' in the second sentence and inserting the following:
``the date on which the member departs the duty station in termination
of the consecutive tour of duty at that duty station or reports to
another duty station under the order involved, as the case may be.''.
(b) Effective Date and Savings Provision.--(1) The amendment made
by subsection (a) shall take effect on October 1, 2002.
(2) Section 411b(a) of title 37, United States Code, as in effect
on September 30, 2002, shall continue to apply with respect to travel
described in subsection (a)(2) of such title (as in effect on such
date) that commences before October 1, 2002.
SEC. 632. TRANSPORTATION OF MOTOR VEHICLES FOR MEMBERS REPORTED
MISSING.
(a) Authority To Ship Two Motor Vehicles.--Subsection (a) of
section 554 of title 37, United States Code, is amended by striking
``one privately owned motor vehicle'' both places it appears and
inserting ``two privately owned motor vehicles''.
(b) Payments for Late Delivery.--Subsection (i) of such section is
amended by adding at the end the following: ``In a case in which two
motor vehicles of a member (or the dependent or dependents of a member)
are transported at the expense of the United States, no reimbursement
is payable under this subsection unless both motor vehicles do not
arrive at the authorized destination of the vehicles by the designated
delivery date.''.
(c) Applicability.--The amendments made by subsection (a) shall
apply with respect to members whose eligibility for benefits under
section 554 of title 37, United States Code, commences on or after the
date of the enactment of this Act.
SEC. 633. DESTINATIONS AUTHORIZED FOR GOVERNMENT PAID TRANSPORTATION OF
ENLISTED PERSONNEL FOR REST AND RECUPERATION UPON
EXTENDING DUTY AT DESIGNATED OVERSEAS LOCATIONS.
Section 705(b)(2) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, or to an
alternative destination at a cost not to exceed the cost of the round-
trip transportation from the location of the extended tour of duty to
such nearest port and return''.
SEC. 634. VEHICLE STORAGE IN LIEU OF TRANSPORTATION TO CERTAIN AREAS OF
THE UNITED STATES OUTSIDE CONTINENTAL UNITED STATES.
Section 2634(b) of title 10, United States Code, is amended:
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In lieu of transportation authorized by this section, if a
member is ordered to make a change of permanent station to Alaska,
Hawaii, Puerto Rico, the Northern Mariana Islands, Guam, or any
territory or possession of the United States and laws, regulations, or
other restrictions preclude transportation of a motor vehicle described
in subsection (a) to the new station, the member may elect to have the
vehicle stored at the expense of the United States at a location
approved by the Secretary concerned.''.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 641. PAYMENT OF RETIRED PAY AND COMPENSATION TO DISABLED MILITARY
RETIREES.
(a) In General.--Section 1414 of title 10, United States Code, is
amended to read as follows:
``Sec. 1414. Members eligible for retired pay who have service-
connected disabilities: payment of retired pay and
veterans' disability compensation
``(a) Payment of Both Retired Pay and Compensation.--Except as
provided in subsection (b), a member or former member of the uniformed
services who is entitled to retired pay (other than as specified in
subsection (c)) and who is also entitled to veterans' disability
compensation is entitled to be paid both without regard to sections
5304 and 5305 of title 38.
``(b) Special Rule for Chapter 61 Career Retirees.--The retired pay
of a member retired under chapter 61 of this title with 20 years or
more of service otherwise creditable under section 1405 of this title
at the time of the member's retirement is subject to reduction under
sections 5304 and 5305 of title 38, but only to the extent that the
amount of the member's retired pay under chapter 61 of this title
exceeds the amount of retired pay to which the member would have been
entitled under any other provision of law based upon the member's
service in the uniformed services if the member had not been retired
under chapter 61 of this title.
``(c) Exception.--Subsection (a) does not apply to a member retired
under chapter 61 of this title with less than 20 years of service
otherwise creditable under section 1405 of this title at the time of
the member's retirement.
``(d) Definitions.--In this section:
``(1) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.
``(2) The term `veterans' disability compensation' has the
meaning given the term `compensation' in section 101(13) of
title 38.''.
(b) Repeal of Special Compensation Program.--Section 1413 of such
title is repealed.
(c) Conforming Amendment.--Section 641(d) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1150; 10 U.S.C. 1414 note) is repealed.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 71 of title 10, United States Code, is amended by striking the
items relating to sections 1413 and 1414 and inserting the following
new item:
``1414. Members eligible for retired pay who have service-connected
disabilities: payment of retired pay and
veterans' disability compensation.''.
(e) Effective Date.--The amendments made by this section shall take
effect on--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted, if later than the
date specified in paragraph (1).
(f) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person by reason of section 1414 of title 10, United States
Code, as amended by subsection (a), for any period before the effective
date specified in subsection (e).
SEC. 642. INCREASED RETIRED PAY FOR ENLISTED RESERVES CREDITED WITH
EXTRAORDINARY HEROISM.
(a) Authority.--Section 12739 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) If an enlisted member 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 subsection (a).
The Secretary's determination as to extraordinary heroism is conclusive
for all purposes.''; and
(3) in subsection (c), as redesignated by paragraph (1), by
striking ``amount computed under subsection (a),'' and
inserting ``total amount of the monthly retired pay computed
under subsections (a) and (b)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2002, and shall apply with respect to retired
pay for months beginning on or after that date.
SEC. 643. EXPANDED SCOPE OF AUTHORITY TO WAIVE TIME LIMITATIONS ON
CLAIMS FOR MILITARY PERSONNEL BENEFITS.
(a) Authority.--Section 3702(e)(1) of title 31, United States Code,
is amended by striking ``a claim for pay, allowances, or payment for
unused accrued leave under title 37 or a claim for retired pay under
title 10'' and inserting ``a claim referred to in subsection
(a)(1)(A)''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to claims presented to the Secretary of Defense
under section 3702 of title 31, United States Code, on or after the
date of the enactment of this Act.
Subtitle E--Other Matters
SEC. 651. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR FAMILIES OF
MEMBERS OF THE ARMED FORCES.
(a) Authority.--(1) Subchapter I of chapter 88 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 1788. Additional family assistance
``(a) Authority.--The Secretary of Defense may provide for the
families of members of the armed forces serving on active duty, in
addition to any other assistance available for such families, any
assistance that the Secretary considers appropriate to ensure that the
children of such members obtain needed child care, education, and other
youth services.
``(b) Primary Purpose of Assistance.--The assistance authorized by
this section should be directed primarily toward providing needed
family support, including child care, education, and other youth
services, for children of members of the Armed Forces who are deployed,
assigned to duty, or ordered to active duty in connection with a
contingency operation.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``1788. Additional family assistance.''.
(b) Effective Date.--Section 1788 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 2002.
SEC. 652. TIME LIMITATION FOR USE OF MONTGOMERY GI BILL ENTITLEMENT BY
MEMBERS OF THE SELECTED RESERVE.
(a) Extension of Limitation Period.--Section 16133(a)(1) of title
10, United States Code, is amended by striking ``10-year'' and
inserting ``14-year''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect on October 1, 2002, and shall apply
with respect to periods of entitlement to educational assistance under
chapter 1606 of title 10, United States Code, that begin on or after
October 1, 1992.
SEC. 653. STATUS OF OBLIGATION TO REFUND EDUCATIONAL ASSISTANCE UPON
FAILURE TO PARTICIPATE SATISFACTORILY IN SELECTED
RESERVE.
Section 16135 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) An obligation to pay a refund to the United States under
subsection (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 for
a person less than five years after the termination of the person's
enlistment or other service described in subsection (a) does not
discharge the person from a debt arising under this section with
respect to that enlistment or other service.''.
SEC. 654. PROHIBITION ON ACCEPTANCE OF HONORARIA BY PERSONNEL AT
CERTAIN DEPARTMENT OF DEFENSE SCHOOLS.
(a) Repeal of Exemption.--Section 542 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2413; 10 U.S.C. prec. 2161 note) is repealed.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect on October 1, 2002, and shall apply
with respect to appearances made, speeches presented, and articles
published on or after that date.
SEC. 655. RATE OF EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL OF
DEPENDENTS TRANSFERRED ENTITLEMENT BY MEMBERS OF THE
ARMED FORCES WITH CRITICAL SKILLS.
(a) Clarification.--Section 3020(h) of title 38, United States
Code, is amended--
(1) in paragraph (2)--
(A) by striking ``paragraphs (4) and (5)'' and
inserting ``paragraphs (5) and (6)''; and
(B) by striking ``and at the same rate'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) Subject to subparagraph (B), the monthly rate of
educational assistance payable to a dependent to whom entitlement is
transferred under this section shall be the monthly amount payable
under sections 3015 and 3022 of this title to the individual making the
transfer.
``(B) The monthly rate of assistance payable to a dependent under
subparagraph (A) shall be subject to the provisions of section 3032 of
this title, except that the provisions of subsection (a)(1) of that
section shall not apply even if the individual making the transfer to
the dependent under this section is on active duty during all or any
part of enrollment period of the dependent in which such entitlement is
used.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107), to which
such amendments relate.
SEC. 656. PAYMENT OF INTEREST ON STUDENT LOANS.
(a) Authority.--(1) Chapter 109 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2174. Interest payment program: members on active duty
``(a) Authority.--(1) The Secretary concerned may pay in accordance
with this section the interest and any special allowances that accrue
on one or more student loans of an eligible member of the armed forces.
``(2) The Secretary of a military department may exercise the
authority under paragraph (1) only if approved by the Secretary of
Defense and subject to such requirements, conditions, and restrictions
as the Secretary of Defense may prescribe.
``(b) Eligible Personnel.--A member of the armed forces is eligible
for the benefit under subsection (a) while the member--
``(1) is serving on active duty in fulfillment of the
member's first enlistment in the armed forces or, in the case
of an officer, is serving on active duty and has not completed
more than three years of service on active duty;
``(2) is the debtor on one or more unpaid loans described
in subsection (c); and
``(3) is not in default on any such loan.
``(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following loans:
``(1) A loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.).
``(2) A loan made under part D of such title (20 U.S.C.
1087a et seq.).
``(3) A loan made under part E of such title (20 U.S.C.
1087aa et seq.).
``(d) Maximum Benefit.--The months for which interest and any
special allowance may be paid on behalf of a member of the armed forces
under this section are any 36 consecutive months during which the
member is eligible under subsection (b).
``(e) Funds for Payments.--Appropriations available for the pay and
allowances of military personnel shall be available for payments under
this section.
``(f) Coordination.--(1) The Secretary of Defense and, with respect
to the Coast Guard when it is not operating as a service in the Navy,
the Secretary of Transportation shall consult with the Secretary of
Education regarding the administration of the authority under this
section.
``(2) The Secretary concerned shall transfer to the Secretary of
Education the funds necessary--
``(A) to pay interest and special allowances on student
loans under this section (in accordance with sections 428(o)
and 464(j) of the Higher Education Act of 1965 (20 U.S.C.
1078(o) and 1087dd(j)); and
``(B) to reimburse the Secretary of Education for any
reasonable administrative costs incurred by the Secretary in
coordinating the program under this section with the
administration of the student loan programs under parts B, D,
and E of title IV of the Higher Education Act of 1965.
``(g) Special Allowance Defined.--In this section, the term
`special allowance' means a special allowance that is payable under
section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087-1).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2174. Interest payment program: members on active duty.''.
(b) Federal Family Education Loans and Direct Loans.--(1)
Subsection (c)(3) of section 428 of the Higher Education Act of 1965
(20 U.S.C. 1078) is amended--
(A) in clause (i) of subparagraph (A)--
(i) by striking ``or'' at the end of subclause
(II);
(ii) by inserting ``or'' at the end of subclause
(III); and
(iii) by adding at the end the following new
subclause:
``(IV) is eligible for interest
payments to be made on such loan for
service in the Armed Forces under
section 2174 of title 10, United States
Code, and, pursuant to that
eligibility, the interest is being paid
on such loan under subsection (o);'';
(B) in clause (ii)(II) of subparagraph (A), by inserting
``or (i)(IV)'' after ``clause (i)(II)''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) shall contain provisions that specify that--
``(i) the form of forbearance granted by
the lender pursuant to this paragraph, other
than subparagraph (A)(i)(IV), shall be
temporary cessation of payments, unless the
borrower selects forbearance in the form of an
extension of time for making payments, or
smaller payments than were previously
scheduled; and
``(ii) the form of forbearance granted by
the lender pursuant to subparagraph (A)(i)(IV)
shall be the temporary cessation of all
payments on the loan other than payments of
interest on the loan, and payments of any
special allowance payable with respect to the
loan under section 438 of this Act, that are
made under subsection (o); and''.
(2) Section 428 of such Act is further amended by adding at the end
the following new subsection:
``(o) Armed Forces Student Loan Interest Payment Program.--
``(1) Authority.--Using funds received by transfer to the
Secretary under section 2174 of title 10, United States Code,
for the payment of interest and any special allowance on a loan
to a member of the Armed Forces that is made, insured, or
guaranteed under this part, the Secretary shall pay the
interest and special allowance on such loan as due for a period
not in excess of 36 consecutive months. The Secretary may not
pay interest or any special allowance on such a loan out of any
funds other than funds that have been so transferred.
``(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph (1), the
lender shall grant the borrower forbearance in accordance with
the guaranty agreement under subsection (c)(3)(A)(i)(IV).
``(3) Special allowance defined.--For the purposes of this
subsection, the term `special allowance', means a special
allowance that is payable with respect to a loan under section
438 of this Act.''.
(c) Federal Perkins Loans.--Section 464 of the Higher Education Act
of 1965 (20 U.S.C. 1087dd) is amended--
(1) in subsection (e)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) the borrower is eligible for interest payments to be
made on such loan for service in the Armed Forces under section
2174 of title 10, United States Code, and, pursuant to that
eligibility, the interest on such loan is being paid under
subsection (j), except that the form of a forbearance under
this paragraph shall be a temporary cessation of all payments
on the loan other than payments of interest on the loan that
are made under subsection (j).''; and
(2) by adding at the end the following new subsection:
``(j) Armed Forces Student Loan Interest Payment Program.--
``(1) Authority.--Using funds received by transfer to the
Secretary under section 2174 of title 10, United States Code,
for the payment of interest on a loan made under this part to a
member of the Armed Forces, the Secretary shall pay the
interest on the loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest on such
a loan out of any funds other than funds that have been so
transferred.
``(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph (1), the
institution of higher education shall grant the borrower
forbearance in accordance with subsection (e)(3).''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to interest, and any special allowance under section
438 of the Higher Education Act of 1965, that accrue for months
beginning on or after October 1, 2003, on student loans described in
subsection (c) of section 2174 of title 10, United States Code (as
added by subsection (a)), that were made before, on, or after such date
to members of the Armed Forces who are on active duty (as defined in
section 101(d) of title 10, United States Code) on or after that date.
SEC. 657. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF NAVY AND
MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED AS
PRISONERS OF WAR DURING WORLD WAR II TO TAKE INTO ACCOUNT
CHANGES IN CONSUMER PRICE INDEX.
(a) Modification.--Section 667(c) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-170) is amended by adding at the
end the following new paragraph:
``(3) The amount determined for a person under paragraph (1) shall
be increased to reflect increases in cost of living since the basic pay
referred to in paragraph (1)(B) was paid to or for that person,
calculated on the basis of the Consumer Price Index (all items--United
States city average) published monthly by the Bureau of Labor
Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any payment
of back pay made to or for a person under section 667 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 before
the date of the enactment of this Act, the Secretary of the Navy
shall--
(1) recalculate the amount of back pay to which the person
is entitled by reason of the amendment made by subsection (a);
and
(2) if the amount of back pay, as so recalculated, exceeds
the amount of back pay so paid, pay the person, or the
surviving spouse of the person, an amount equal to the excess.
TITLE VII--HEALTH CARE
SEC. 701. ELIGIBILITY OF SURVIVING DEPENDENTS FOR TRICARE DENTAL
PROGRAM BENEFITS AFTER DISCONTINUANCE OF FORMER
ENROLLMENT.
Section 1076a(k)(2) of title 10, United States Code, is amended by
striking ``if the dependent is enrolled on the date of the death of the
members in a dental benefits plan established under subsection (a)''
and inserting ``if, on the date of the death of the member, the
dependent is enrolled in a dental benefits plan established under
subsection (a) or is not enrolled in such a plan by reason of a
discontinuance of a former enrollment under subsection (f)''.
SEC. 702. ADVANCE AUTHORIZATION FOR INPATIENT MENTAL HEALTH SERVICES.
Section 1079(i)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``Except in the case of an emergency,'' and
inserting ``Except as provided in subparagraphs (B) and (C),'';
and
(3) by adding at the end the following new subparagraph:
``(B) Preadmission authorization for inpatient mental health
services is not required under subparagraph (A) in the case of an
emergency.
``(C) Preadmission authorization for inpatient mental health
services is not required under subparagraph (A) in a case in which any
benefits are payable for such services under part A of title XVIII of
the Social Security Act (42 U.S.C. 1395c et seq.). The Secretary shall
require, however, advance authorization for the continued provision of
the inpatient mental health services after benefits cease to be payable
for such services under part A of such title in such case.''.
SEC. 703. CONTINUED TRICARE ELIGIBILITY OF DEPENDENTS RESIDING AT
REMOTE LOCATIONS AFTER DEPARTURE OF SPONSORS FOR
UNACCOMPANIED ASSIGNMENTS.
Section 1079(p) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``dependents referred to
in subsection (a) of a member of the uniformed services
referred to in section 1074(c)(3) of this title who are
residing with the member'' and inserting ``dependents described
in paragraph (3)'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2), the following new
paragraph (3):
``(3) This subsection applies with respect to a dependent referred
to in subsection (a) who--
``(A) is a dependent of a member of the uniformed services
referred to in section 1074(c)(3) of this title and is residing
with the member; or
``(B) is a dependent of a member who, after having served
in a duty assignment described in section 1074(c)(3) of this
title, has relocated without the dependent pursuant to orders
for a permanent change of duty station from a remote location
described in subparagraph (B)(ii) of such section where the
member and the dependent resided together while the member
served in such assignment, if the orders do not authorize
dependents to accompany the member to the new duty station at
the expense of the United States and the dependent continues to
reside at the same remote location.''.
SEC. 704. APPROVAL OF MEDICARE PROVIDERS AS TRICARE PROVIDERS.
Section 1079 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(q) A physician or other health care practitioner who is eligible
to receive reimbursement for services provided under the Medicare
Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) shall be considered approved to provide medical care under this
section and section 1086 of this title.''.
SEC. 705. CLAIMS INFORMATION.
(a) Correspondence to Medicare Claims Information Requirements.--
Section 1095c of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(d) Correspondence to Medicare Claims Information Requirements.--
The Secretary of Defense, in consultation with the other administering
Secretaries, shall limit the requirements for information in support of
claims for payment for health care items and services provided under
the TRICARE program so that the information required under the program
is substantially the same as the information that would be required for
claims for reimbursement for those items and services under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.).''.
(b) Applicability.--The Secretary of Defense, in consultation with
the other administering Secretaries referred to in section 1072(3) of
title 10, United States Code, shall apply the limitations required
under subsection (d) of section 1095c of such title (as added by
subsection (a)) with respect to contracts entered into under the
TRICARE program on or after October 1, 2002.
SEC. 706. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE
FUND.
(a) Source of Funds for Monthly Accrual Payments Into the Fund.--
Section 1116(c) of title 10, United States Code, is amended by striking
``health care programs'' and inserting ``pay of members''.
(b) Mandatory Participation of Other Uniformed 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 such'' and
inserting ``The''.
SEC. 707. TECHNICAL CORRECTIONS RELATING TO TRANSITIONAL HEALTH CARE
FOR MEMBERS SEPARATED FROM ACTIVE DUTY.
(a) Continued Applicability to Dependents.--Subsection (a)(1) of
section 736 of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1172) is amended to read as
follows:
``(1) in paragraph (1), by striking `paragraph (2), a
member' and all that follows through `of the member),' and
inserting `paragraph (3), a member of the armed forces who is
separated from active duty as described in paragraph (2) (and
the dependents of the member)';''.
(b) Clarification Regarding the Coast Guard.--Subsection (b)(2) of
such section is amended to read as follows:
``(2) in subsection (e)--
``(A) by striking the first sentence; and
``(B) by striking `the Coast Guard' in the second
sentence and inserting `the members of the Coast Guard
and their dependents'.''.
(c) Effective Date.--The amendments made by this section shall take
effect as of December 28, 2001, and as if included in the National
Defense Authorization Act for Fiscal Year 2002 as enacted.
SEC. 708. EXTENSION OF TEMPORARY AUTHORITY FOR ENTERING INTO PERSONAL
SERVICES CONTRACTS FOR THE PERFORMANCE OF HEALTH CARE
RESPONSIBILITIES FOR THE ARMED FORCES AT LOCATIONS OTHER
THAN MILITARY MEDICAL TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended by
striking ``December 31, 2002'' and inserting ``December 31, 2003''.
SEC. 709. RESTORATION OF PREVIOUS POLICY REGARDING RESTRICTIONS ON USE
OF DEPARTMENT OF DEFENSE MEDICAL FACILITIES.
Section 1093 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``Restriction on Use of
Funds.--''.
SEC. 710. HEALTH CARE UNDER TRICARE FOR TRICARE BENEFICIARIES RECEIVING
MEDICAL CARE AS VETERANS FROM THE DEPARTMENT OF VETERANS
AFFAIRS.
Section 1097 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Persons Receiving Medical Care From the Department of
Veterans Affairs.--A covered beneficiary who is enrolled in and seeks
care under the TRICARE program may not be denied such care on the
ground that the covered beneficiary is receiving health care from the
Department of Veterans Affairs on an ongoing basis if the Department of
Veterans Affairs cannot provide the covered beneficiary with the
particular care sought by the covered beneficiary within the maximum
period provided in the access to care standards that are applicable to
that particular care under TRICARE program policy.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Major Defense Acquisition Programs
SEC. 801. BUY-TO-BUDGET ACQUISITION OF END ITEMS.
(a) Authority.--(1) Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2228. Buy-to-budget acquisition: end items
``(a) Authority To Acquire Additional End Items.--Using funds
available to the Department of Defense for the acquisition of an end
item, the head of agency making the acquisition may acquire a higher
quantity of the end item than the quantity specified for the end item
in a law providing for the funding of that acquisition if that head of
an agency makes each of the following findings:
``(1) The agency has an established requirement for the end
item that is expected to remain substantially unchanged
throughout the period of the acquisition.
``(2) It is possible to acquire the higher quantity of the
end item without additional funding because of production
efficiencies or other cost reductions.
``(3) The amount of the funds used for the acquisition of
the higher quantity of the end item will not exceed the amount
provided under that law for the acquisition of the end item.
``(4) The amount so provided is sufficient to ensure that
each unit of the end item acquired within the higher quantity
is fully funded as a complete end item.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section. The regulations
shall include, at a minimum, the following:
``(1) The level of approval within the Department of
Defense that is required for a decision to acquire a higher
quantity of an end item under subsection (a).
``(2) Authority to exceed by up to 10 percent the quantity
of an end item approved in a justification and approval of the
use of procedures other than competitive procedures for the
acquisition of the end item under section 2304 of this title,
but only to the extent necessary to acquire a quantity of the
end item permitted in the exercise of authority under
subsection (a).
``(c) Notification of Congress.--The head of an agency is not
required to notify Congress in advance regarding a decision under the
authority of this section to acquire a higher quantity of an end item
than is specified in a law described in subsection (a), but shall
notify the congressional defense committees of the decision not later
than 30 days after the date of the decision.
``(d) Waiver by Other Law.--A provision of law may not be construed
as prohibiting the acquisition of a higher quantity of an end item
under this section unless that provision of law--
``(1) specifically refers to this section; and
``(2) specifically states that the acquisition of the
higher quantity of the end item is prohibited notwithstanding
the authority provided in this section.
``(e) Definitions.--(1) For the purposes of this section, a
quantity of an end item shall be considered specified in a law if the
quantity is specified either in a provision of that law or in any
related representation that is set forth separately in a table, chart,
or explanatory text included in a joint explanatory statement or
governing committee report accompanying the law.
``(2) In this section:
``(A) The term `congressional defense committees'
means--
``(i) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
``(ii) the Committee on Armed Services and
the Committee on Appropriations of the House of
Representatives.
``(B) The term `head of an agency' means the
Secretary of Defense, the Secretary of the Army, the
Secretary of the Navy, and the Secretary of the Air
Force.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2228. Buy-to-budget acquisition: end items.''.
(b) Time for Issuance of Final Regulations.--The Secretary of
Defense shall issue the final regulations under section 2228(b) of
title 10, United States Code (as added by subsection (a)), not later
than 120 days after the date of the enactment of this Act.
SEC. 802. REPORT TO CONGRESS ON INCREMENTAL ACQUISITION OF MAJOR
SYSTEMS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the approach that the
Secretary plans to take to applying the requirements of chapter 144 of
title 10, United States Code, sections 139, 181, 2366, 2399, and 2400
of such title, Department of Defense Directive 5000.1, Department of
Defense Instruction 5000.2, and Chairman of the Joint Chiefs of Staff
Instruction 3170.01B, and other provisions of law and regulations
applicable to incremental acquisition programs.
(b) Content of Report.--The report shall, at a minimum, address the
following matters:
(1) The manner in which the Secretary plans to establish
and approve, for each increment of an incremental acquisition
program--
(A) operational requirements; and
(B) cost and schedule goals.
(2) The manner in which the Secretary plans, for each
increment of an incremental acquisition program--
(A) to meet requirements for operational testing
and live fire testing;
(B) to monitor cost and schedule performance; and
(C) to comply with laws requiring reports to
Congress on results testing and on cost and schedule
performance.
(3) The manner in which the Secretary plans to ensure that
each increment of an incremental acquisition program is
designed--
(A) to achieve interoperability within and among
United States forces and United States coalition
partners; and
(B) to optimize total system performance and
minimize total ownership costs by giving appropriate
consideration to--
(i) logistics planning;
(ii) manpower, personnel, and training;
(iii) human, environmental, safety,
occupational health, accessibility,
survivability, operational continuity, and
security factors;
(iv) protection of critical program
information; and
(v) spectrum management.
(c) Definitions.--In this section:
(1) The term ``incremental acquisition program'' means an
acquisition program that is to be conducted in discrete phases
or blocks, with each phase or block consisting of the planned
production and acquisition of one or more units of a major
system.
(2) The term ``increment'' refers to one of the discrete
phases or blocks of an incremental acquisition program.
(3) The term ``major system'' has the meaning given such
term in section 2302(5) of title 10, United States Code.
SEC. 803. PILOT PROGRAM FOR SPIRAL DEVELOPMENT OF MAJOR SYSTEMS.
(a) Authority.--The Secretary of Defense is authorized to conduct a
pilot program for the spiral development of major systems and to
designate research and development programs of the military departments
and Defense Agencies to participate in the pilot program.
(b) Designation of Participating Programs.--(1) A research and
development program for a major system of a military department or
Defense Agency may be conducted as a spiral development program only if
the Secretary of Defense approves a spiral development plan submitted
by the Secretary of that military department or head of that Defense
Agency, as the case may be, and designates the program as a participant
in the pilot program under this section.
(2) The Secretary of Defense shall submit a copy of each spiral
development plan approved under this section to the congressional
defense committees.
(c) Spiral Development Plans.--A spiral development plan for a
participating program shall, at a minimum, include the following
matters:
(1) A rationale for dividing the program into separate
spirals, together with a preliminary identification of the
spirals to be included.
(2) A program strategy, including overall cost, schedule,
and performance goals for the total program.
(3) Specific cost, schedule, and performance parameters,
including measurable exit criteria, for the first spiral to be
conducted.
(4) A testing plan to ensure that performance goals,
parameters, and exit criteria are met.
(5) An appropriate limitation on the number of prototype
units that may be produced under the program.
(6) Specific performance parameters, including measurable
exit criteria, that must be met before the program proceeds
into production of units in excess of the limitation on the
number of prototype units.
(d) Guidance.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance
for the implementation of the spiral development pilot program
authorized by this section. The guidance shall, at a minimum, include
the following matters:
(1) A process for the development, review, and approval of
each spiral development plan submitted by the Secretary of a
military department or head of a Defense Agency.
(2) A process for establishing and approving specific cost,
schedule, and performance parameters, including measurable exit
criteria, for spirals to be conducted after the first spiral.
(3) Appropriate planning, testing, reporting, oversight,
and other requirements to ensure that the spiral development
program--
(A) satisfies realistic and clearly-defined
performance standards, cost objectives, and schedule
parameters (including measurable exit criteria for each
spiral);
(B) achieve interoperability within and among
United States forces and United States coalition
partners; and
(C) optimize total system performance and minimize
total ownership costs by giving appropriate
consideration to--
(i) logistics planning;
(ii) manpower, personnel, and training;
(iii) human, environmental, safety,
occupational health, accessibility,
survivability, operational continuity, and
security factors;
(iv) protection of critical program
information; and
(v) spectrum management.
(4) A process for independent validation of the
satisfaction of exit criteria and other relevant requirements.
(5) A process for operational testing of fieldable
prototypes to be conducted before or in conjunction with the
fielding of the prototypes.
(e) Reporting Requirement.--The Secretary shall submit to Congress
at the end of each quarter of a fiscal year a status report on each
research and development program that is a participant in the pilot
program. The report shall contain information on unit costs that is
similar to the information on unit costs under major defense
acquisition programs that is required to be provided to Congress under
chapter 144 of title 10, United States Code, except that the
information on unit costs shall address projected prototype costs
instead of production costs.
(f) Applicability of Existing Law.--Nothing in this section shall
be construed to exempt any program of the Department of Defense from
the application of any provision of chapter 144 of title 10, United
States Code, section 139, 181, 2366, 2399, or 2400 of such title, or
any requirement under Department of Defense Directive 5000.1,
Department of Defense Instruction 5000.2, or Chairman of the Joint
Chiefs of Staff Instruction 3170.01B in accordance with the terms of
such provision or requirement.
(g) Termination of Program Participation.--The conduct of a
participating program as a spiral development program under the pilot
program shall terminate when the decision is made for the participating
program to proceed into the production of units in excess of the number
of prototype units permitted under the limitation provided in spiral
development plan for the program pursuant to subsection (c)(5).
(h) Termination of Pilot Program.--(1) The authority to conduct a
pilot program under this section shall terminate three years after the
date of the enactment of this Act.
(2) The termination of the pilot program shall not terminate the
authority of the Secretary of a military department or head of a
Defense Agency to continue to conduct, as a spiral development program,
any research and development program that was designated to participate
in the pilot program before the date on which the pilot program
terminates. In the continued conduct of such a research and development
program as a spiral development program on and after such date, the
spiral development plan approved for the program, the guidance issued
under subsection (d), and subsections (e), (f), and (g) shall continue
to apply.
(i) Definitions.--In this section:
(1) The term ``spiral development program'' means a
research and development program that--
(A) is conducted in discrete phases or blocks, each
of which will result in the development of fieldable
prototypes; and
(B) will not proceed into acquisition until
specific performance parameters, including measurable
exit criteria, have been met.
(2) The term ``spiral'' means one of the discrete phases or
blocks of a spiral development program.
(3) The term ``major system'' has the meaning given such
term in section 2302(5) of title 10, United States Code.
(4) The term ``participating program'' means a research and
development program that is designated to participate in the
pilot program under subsection (b).
SEC. 804. IMPROVEMENT OF SOFTWARE ACQUISITION PROCESSES.
(a) Establishment of Programs.--(1) The Secretary of each military
department shall establish a program to improve the software
acquisition processes of that military department.
(2) The head of each Defense Agency that manages a major defense
acquisition program with a substantial software component shall
establish a program to improve the software acquisition processes of
that Defense Agency.
(3) The programs required by this subsection shall be established
not later than 120 days after the date of the enactment of this Act.
(b) Program Requirements.--A program to improve software
acquisition processes under this section shall, at a minimum, include
the following:
(1) A documented process for software acquisition planning,
requirements development and management, project management and
oversight, and risk management.
(2) Efforts to develop systems for performance measurement
and continual process improvement.
(3) A system for ensuring that each program office with
substantial software responsibilities implements and adheres to
established processes and requirements.
(c) Department of Defense Guidance.--The Assistant Secretary of
Defense for Command, Control, Communications, and Intelligence, in
consultation with the Under Secretary of Defense for Acquisition,
Technology, and Logistics, shall--
(1) prescribe uniformly applicable guidance for the
administration of all of the programs established under
subsection (a) and take such actions as are necessary to ensure
that the military departments and Defense Agencies comply with
the guidance; and
(2) assist the Secretaries of the military departments and
the heads of the Defense Agencies to carry out such programs
effectively by identifying, and serving as a clearinghouse for
information regarding, best practices in software acquisition
processes in both the public and private sectors.
(d) Definitions.--In this section:
(1) The term ``Defense Agency'' has the meaning given the
term in section 101(a)(11) of title 10, United States Code.
(2) The term ``major defense acquisition program'' has the
meaning given the term in section 2430 of title 10, United
States Code.
SEC. 805. INDEPENDENT TECHNOLOGY READINESS ASSESSMENTS.
Section 804(b) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1180) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) identify each case in which an authoritative decision
has been made within the Department of Defense not to conduct
an independent technology readiness assessment for a critical
technology on a major defense acquisition program and explain
the reasons for the decision.''.
SEC. 806. TIMING OF CERTIFICATION IN CONNECTION WITH WAIVER OF
SURVIVABILITY AND LETHALITY TESTING REQUIREMENTS.
(a) Certification for Expedited Programs.--Paragraph (1) of
subsection (c) of section 2366 of title 10, United States Code, is
amended to read as follows:
``(1) The Secretary of Defense may waive the application of the
survivability and lethality tests of this section to a covered system,
munitions program, missile program, or covered product improvement
program if the Secretary determines that live-fire testing of such
system or program would be unreasonably expensive and impractical and
submits a certification of that determination to Congress--
``(A) before Milestone B approval for the system or
program; or
``(B) in the case of a system or program initiated at--
``(i) Milestone B, as soon as is practicable after
the Milestone B approval; or
``(ii) Milestone C, as soon as is practicable after
the Milestone C approval.''.
(b) Definitions.--Subsection (e) of such section is amended by
adding at the end the following new paragraphs:
``(8) The term `Milestone B approval' means a decision to
enter into system development and demonstration pursuant to
guidance prescribed by the Secretary of Defense for the
management of Department of Defense acquisition programs.
``(9) The term `Milestone C approval' means a decision to
enter into production and deployment pursuant to guidance
prescribed by the Secretary of Defense for the management of
Department of Defense acquisition programs.''.
Subtitle B--Procurement Policy Improvements
SEC. 811. PERFORMANCE GOALS FOR CONTRACTING FOR SERVICES.
(a) Individual Purchases of Services.--Subsection (a) of section
802 of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 10 U.S.C. 2330 note) is amended by adding at the
end the following new paragraphs:
``(3) To support the attainment of the goals established in
paragraph (2), the Department of Defense shall have the following
goals:
``(A) To increase, as a percentage of all of the individual
purchases of services made by or for the Department of Defense
under multiple award contracts for a fiscal year (calculated on
the basis of dollar value), the volume of the individual
purchases of services that are made on a competitive basis and
involve the receipt of two or more offers from qualified
contractors to a percentage as follows:
``(i) For fiscal year 2003, a percentage not less
than 50 percent.
``(ii) For fiscal year 2004, a percentage not less
than 60 percent.
``(iii) For fiscal year 2011, a percentage not less
than 80 percent.
``(B) To increase, as a percentage of all of the individual
purchases of services made by or for the Department of Defense
under multiple award contracts for a fiscal year (calculated on
the basis of dollar value), the use of performance-based
purchasing specifying firm fixed prices for the specific tasks
to be performed to a percentage as follows:
``(i) For fiscal year 2003, a percentage not less
than 30 percent.
``(ii) For fiscal year 2004, a percentage not less
than 40 percent.
``(iii) For fiscal year 2005, a percentage not less
than 50 percent.
``(iv) For fiscal year 2011, a percentage not less
than 80 percent.''.
(b) Extension and Revision of Reporting Requirement.--Subsection
(b) of such section is amended--
(1) by striking ``March 1, 2006'', and inserting ``March 1,
2011''; and
(2) by adding at the end the following new paragraphs:
``(6) Regarding the individual purchases of services that
were made by or for the Department of Defense under multiple
award contracts in the fiscal year preceding the fiscal year in
which the report is required to be submitted, information
(determined using the data collection system established under
section 2330a of title 10, United States Code) as follows:
``(A) The percentage (calculated on the basis of
dollar value) of such purchases that are purchases that
were made on a competitive basis and involved receipt
of two or more offers from qualified contractors.
``(B) The percentage (calculated on the basis of
dollar value) of such purchases that are performance-
based purchases specifying firm fixed prices for the
specific tasks to be performed.''.
(c) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(c) Definitions.--In this section:
``(1) The term `individual purchase' means a task order,
delivery order, or other purchase.
``(2) The term `multiple award contract' means--
``(A) a contract that is entered into by the
Administrator of General Services under the multiple
award schedule program referred to in section
2302(2)(C) of title 10, United States Code;
``(B) a multiple award task order contract that is
entered into under the authority of sections 2304a
through 2304d of title 10, United States Code, or
sections 303H through 303K of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253h
through 253k); and
``(C) any other indefinite delivery, indefinite
quantity contract that is entered into by the head of a
Federal agency with two or more sources pursuant to the
same solicitation.''.
SEC. 812. GRANTS OF EXCEPTIONS TO COST OR PRICING DATA CERTIFICATION
REQUIREMENTS AND WAIVERS OF COST ACCOUNTING STANDARDS.
(a) Guidance for Exceptions in Exceptional Circumstances.--(1) Not
later than 60 days after the date of the enactment of this Act, the
Secretary of Defense shall issue guidance on the circumstances under
which it is appropriate to grant--
(A) an exception pursuant to section 2306a(b)(1)(C) of
title 10, United States Code, relating to submittal of
certified contract cost and pricing data; or
(B) a waiver pursuant to section 26(f)(5)(B) of the Office
of Federal Procurement Policy Act (41 U.S.C. 422(f)(5)(B)),
relating to the applicability of cost accounting standards to
contracts and subcontracts.
(2) The guidance shall, at a minimum, include a limitation that a
grant of an exception or waiver referred to in paragraph (1) is
appropriate with respect to a contract or subcontract, or (in the case
of submittal of certified cost and pricing data) a modification, only
upon a determination that the property or services cannot be obtained
under the contract, subcontract, or modification, as the case may be,
without the grant of the exception or waiver.
(b) Semiannual Report.--(1) The Secretary of Defense shall transmit
to the congressional defense committees promptly after the end of each
half of a fiscal year a report on the exceptions to cost or pricing
data certification requirements and the waivers of applicability of
cost accounting standards that, in cases described in paragraph (2),
were granted during that half of the fiscal year.
(2) The report for a half of a fiscal year shall include an
explanation of--
(A) each decision by the head of a procuring activity
within the Department of Defense to exercise the authority
under subparagraph (B) or (C) of subsection (b)(1) of section
2306a of title 10, United States Code, to grant an exception to
the requirements of such section in the case of a contract,
subcontract, or contract or subcontract modification that is
expected to have a price of $15,000,000 or more; and
(B) each decision by the Secretary of Defense or the head
of an agency within the Department of Defense to exercise the
authority under subsection (f)(5)(B) of section 26 of the
Office of Federal Procurement Policy Act to waive the
applicability of the cost accounting standards under such
section in the case of a contract or subcontract that is
expected to have a value of $15,000,000 or more.
(c) Advance Notification of Congress.--(1) The Secretary of Defense
shall transmit to the congressional defense committees an advance
notification of--
(A) any decision by the head of a procuring activity within
the Department of Defense to exercise the authority under
subsection (b)(1)(C) of section 2306a of title 10, United
States Code, to grant an exception to the requirements of such
section in the case of a contract, subcontract, or contract or
subcontract modification that is expected to have a price of
$75,000,000 or more; or
(B) any decision by the Secretary of Defense or the head of
an agency within the Department of Defense to exercise the
authority under subsection (f)(5)(B) of section 26 of the
Office of Federal Procurement Policy Act to waive the
applicability of the cost accounting standards under such
section to a contract or subcontract that is expected to have a
value of $75,000,000 or more.
(2) The notification under paragraph (1) regarding a decision to
grant an exception or waiver shall be transmitted not later than 10
days before the exception or waiver is granted.
(d) Contents of Reports and Notifications.--A report pursuant to
subsection (b) and a notification pursuant to subsection (c) shall
include, for each grant of an exception or waiver, the following
matters:
(1) A discussion of the justification for the grant of the
exception or waiver, including at a minimum--
(A) in the case of an exception granted pursuant to
section 2306a(b)(1)(B) of title 10, United States Code,
an explanation of the basis for the determination that
the products or services to be purchased are commercial
items; and
(B) in the case of an exception granted pursuant to
section 2306a(b)(1)(C) of such title, or a waiver
granted pursuant to section 26(f)(5)(B) of the Office
of Federal Procurement Policy Act, an explanation of
the basis for the determination that it would not have
been possible to obtain the products or services from
the offeror without the grant of the exception or
waiver.
(2) A description of the specific steps taken or to be
taken within the Department of Defense to ensure that the price
of each contract, subcontract, or modification covered by the
report or notification, as the case may be, is fair and
reasonable.
(e) Effective Date.--The requirements of this section shall apply
to each exception or waiver that is granted under a provision of law
referred to in subsection (a) on or after the date on which the
guidance required by that subsection (a) is issued.
SEC. 813. EXTENSION OF REQUIREMENT FOR ANNUAL REPORT ON DEFENSE
COMMERCIAL PRICING MANAGEMENT IMPROVEMENT.
Section 803(c)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2082; 10 U.S.C. 2306a note) is amended by striking ``2000, 2001, and
2002,'' and inserting ``2000 through 2006,''.
SEC. 814. INTERNAL CONTROLS ON THE USE OF PURCHASE CARDS.
(a) Requirement for Enhanced Internal Controls.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
Defense shall take action to ensure that appropriate internal controls
for the use of purchase cards issued by the Federal Government to
Department of Defense personnel are in place throughout the Department
of Defense. At a minimum, the internal controls shall include the
following:
(1) A requirement that the receipt and acceptance, and the
documentation of the receipt and acceptance, of the property or
services purchased on a purchase card be verified by a
Department of Defense official who is independent of the
purchaser.
(2) A requirement that the monthly purchase card statements
of purchases on a purchase card be reviewed and certified for
accuracy by an official of the Department of Defense who is
independent of the purchaser.
(3) Specific policies limiting the number of purchase cards
issued, with the objective of significantly reducing the number
of cardholders.
(4) Specific policies on credit limits authorized for
cardholders, with the objective of minimizing financial risk to
the Federal Government.
(5) Specific criteria for identifying employees eligible to
be issued purchase cards, with the objective of ensuring the
integrity of cardholders.
(6) Accounting procedures that ensure that purchase card
transactions are properly recorded in Department of Defense
accounting records.
(7) Requirements for regular internal review of purchase
card statements to identify--
(A) potentially fraudulent, improper, and abusive
purchases;
(B) any patterns of improper cardholder
transactions, such as purchases of prohibited items;
and
(C) categories of purchases that should be made
through other mechanisms to better aggregate purchases
and negotiate lower prices.
(b) Training.--The Secretary of Defense shall ensure that all
Department of Defense purchase cardholders are aware of the enhanced
internal controls instituted pursuant to subsection (a).
(c) Comptroller General Review.--Not later than March 1, 2003, the
Comptroller General shall--
(1) review the actions that have been taken within the
Department of Defense to comply with the requirements of this
section; and
(2) submit a report on the actions reviewed to the
congressional defense committees.
SEC. 815. ASSESSMENT REGARDING FEES PAID FOR ACQUISITIONS UNDER OTHER
AGENCIES' CONTRACTS.
(a) Requirement for Assessment and Report.--Not later than March 1,
2003, the Secretary of Defense shall carry out an assessment to
determine the total amount paid by the Department of Defense as fees
for the acquisition of property and services by the Department of
Defense under contracts between other departments and agencies of the
Federal Government and the sources of the property and services in each
of fiscal years 2000, 2001, and 2002, and submit a report on the
results of the assessment to Congress.
(b) Content of Report.--The report shall include the Secretary's
views on what, if any, actions should be taken within the Department of
Defense to reduce the total amount of the annual expenditures on fees
described in subsection (a) and to use the amounts saved for other
authorized purposes.
SEC. 816. PILOT PROGRAM FOR TRANSITION TO FOLLOW-ON CONTRACTS FOR
CERTAIN PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note) is amended by--
(1) redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) inserting after subsection (d) the following new
subsection (e):
``(e) Pilot Program for Transition to Follow-on Contracts.--(1) The
Secretary of Defense is authorized to carry out a pilot program for
follow-on contracting for the production of items or processes that are
developed by nontraditional defense contractors under prototype
projects carried out under this section.
``(2) Under the pilot program--
``(A) a qualifying contract for the procurement of such an
item or process, or a qualifying subcontract under a contract
for the procurement of such an item or process, may be treated
as a contract or subcontract, respectively, for the procurement
of commercial items, as defined in section 4(12) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(12)); and
``(B) the item or process may be treated as an item or
process, respectively, that is developed in part with Federal
funds and in part at private expense for the purposes of
section 2320 of title 10, United States Code.
``(3) For the purposes of the pilot program, a qualifying contract
or subcontract is a contract or subcontract, respectively, with a
nontraditional defense contractor that--
``(A) does not exceed $20,000,000; and
``(B) is either--
``(i) a firm, fixed-price contract or subcontract;
or
``(ii) a fixed-price contract or subcontract with
economic price adjustment.
``(4) The authority to conduct a pilot program under this
subsection shall terminate on September 30, 2005. The termination of
the authority shall not affect the validity of contracts or
subcontracts that are awarded or modified during the period of the
pilot program, without regard to whether the contracts or subcontracts
are performed during the period.''.
SEC. 817. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) Authority.--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.--Except as provided in subsection (f), 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 satisfy its
requirements 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 satisfy its
requirements 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 of the Secretary to waive the
application of a domestic source or content requirements under
subsection (a) applies to the procurement of items for which the
Secretary of Defense determines that--
``(1) 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) such 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) Limitation on Delegation.--The authority of the Secretary to
waive the application of domestic source or content requirements under
subsection (a) may not be delegated to any officer or employee other
than the Under Secretary of Defense for Acquisition, Technology and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of the
application of a domestic source or content requirement under
subsection (a) only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary of State.
``(f) 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 any of 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. et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) 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.
``(h) Construction With Respect to Later Enacted Laws.--This
section may not be construed as being inapplicable to a domestic source
requirement or domestic content requirement that is set forth in a law
enacted after the enactment of this section solely on the basis of the
later enactment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
Subtitle C--Other Matters
SEC. 821. EXTENSION OF THE APPLICABILITY OF CERTAIN PERSONNEL
DEMONSTRATION PROJECT EXCEPTIONS TO AN ACQUISITION
WORKFORCE DEMONSTRATION PROJECT.
Section 4308(b)(3)(B) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 1701 note) is amended
to read as follows:
``(B) commences before November 18, 2007.''.
SEC. 822. MORATORIUM ON REDUCTION OF THE DEFENSE ACQUISITION AND
SUPPORT WORKFORCE.
(a) Prohibition.--Notwithstanding any other provision of law, the
defense acquisition and support workforce may not be reduced, during
fiscal years 2003, 2004, and 2005, below the level of that workforce as
of September 30, 2002, determined on the basis of full-time equivalent
positions.
(b) Waiver Authority.--The Secretary of Defense may waive the
prohibition in subsection (a) and reduce the level of the defense
acquisition and support workforce upon submitting to Congress the
Secretary's certification that the defense acquisition and support
workforce, at the level to which reduced, will be able efficiently and
effectively to perform the workloads that are required of that
workforce consistent with the cost-effective management of the defense
acquisition system to obtain best value equipment and with ensuring
military readiness.
(c) Defense Acquisition and Support Workforce Defined.--In this
section, the term ``defense acquisition and support workforce'' means
Armed Forces and civilian personnel who are assigned to, or are
employed in, an organization of the Department of Defense that is--
(1) an acquisition organization specified in Department of
Defense Instruction 5000.58, dated January 14, 1992; or
(2) an organization not so specified that has acquisition
as its predominant mission, as determined by the Secretary of
Defense.
SEC. 823. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
Section 2323(k) of title 10, United States Code, is amended by
striking ``2003'' both places it appears and inserting ``2006''.
SEC. 824. MENTOR-PROTEGE PROGRAM ELIGIBILITY FOR HUBZONE SMALL BUSINESS
CONCERNS AND SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY SERVICE-DISABLED VETERANS.
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 semicolon; and
(3) by adding at the end the following new subparagraphs:
``(F) a qualified HUBZone small business concern,
within the meaning of section 3(p)(5) of the Small
Business Act (15 U.S.C. 632(p)(5)); 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.
632(q)(2)).''.
SEC. 825. REPEAL OF REQUIREMENTS FOR CERTAIN REVIEWS BY THE COMPTROLLER
GENERAL.
The following provisions of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106) are repealed:
(1) Section 912(d) (110 Stat. 410; 10 U.S.C. 2216 note),
relating to Comptroller General reviews of the administration
of the Defense Modernization Account.
(2) Section 5312(e) (110 Stat. 695; 40 U.S.C. 1492),
relating to Comptroller General monitoring of a pilot program
for solutions-based contracting for acquisition of information
technology.
(3) Section 5401(c)(3) (110 Stat. 697; 40 U.S.C. 1501),
relating to a Comptroller General review and report regarding a
pilot program to test streamlined procedures for the
procurement of information technology products and services
available for ordering through multiple award schedules.
SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR PURCHASE OF DINITROGEN
TETROXIDE, HYDRAZINE, AND HYDRAZINE-RELATED PRODUCTS.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by inserting after section 2410n the following new section:
``Sec. 2410o. Multiyear procurement authority: purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related products
``(a) Ten-Year Contract Period.--The Secretary of Defense may enter
into a contract for a period of up to 10 years for the purchase of
dinitrogen tetroxide, hydrazine, and hydrazine-related products for the
support of a United States national security program or a United States
space program.
``(b) Extensions.--A contract entered into for more than one year
under the authority of subsection (a) may be extended for a total of
not more than 10 years pursuant to any option or options set forth in
the contract.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 141 is amended by adding at the end the following item:
``2410o. Multiyear procurement authority: purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related
products.''.
SEC. 827. MULTIYEAR PROCUREMENT AUTHORITY FOR ENVIRONMENTAL SERVICES
FOR MILITARY INSTALLATIONS.
(a) Authority.--Subsection (b) of section 2306c of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(5) Environmental remediation services for--
``(A) an active military installation;
``(B) a military installation being closed or
realigned under a base closure law; or
``(C) a site formerly used by the Department of
Defense.''.
(b) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(g) Additional Definitions.--In this section:
``(1) The term `base closure law' has the meaning given
such term in section 2667(h)(2) of this title.
``(2) The term `military installation' has the meaning
given such term in section 2801(c)(2) of this title.''.
SEC. 828. INCREASED MAXIMUM AMOUNT OF ASSISTANCE FOR TRIBAL
ORGANIZATIONS OR ECONOMIC ENTERPRISES CARRYING OUT
PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS IN TWO OR MORE
SERVICE AREAS.
Section 2414(a)(4) of title 10, United States Code, is amended by
striking ``$300,000'' and inserting ``$600,000''.
SEC. 829. AUTHORITY FOR NONPROFIT ORGANIZATIONS TO SELF-CERTIFY
ELIGIBILITY FOR TREATMENT AS QUALIFIED ORGANIZATIONS
EMPLOYING SEVERELY DISABLED UNDER MENTOR-PROTEGE PROGRAM.
Section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note) is amended by adding at the end the
following new subsection:
``(n) Self-Certification of Nonprofit Organizations as Qualified
Organizations Employing the Severely Disabled.--(1) The Secretary of
Defense may, in accordance with such requirements as the Secretary may
establish, permit a business entity operating on a non-profit basis to
self-certify its eligibility for treatment as a qualified organization
employing the severely disabled under subsection (m)(2)(D).
``(2) The Secretary shall treat any entity described in paragraph
(1) that submits a self-certification under that paragraph as a
qualified organization employing the severely disabled until the
Secretary receives evidence, if any, that such entity is not described
by paragraph (1) or does not merit treatment as a qualified
organization employing the severely disabled in accordance with
applicable provisions of subsection (m).
``(3) Paragraphs (1) and (2) shall cease to be effective on the
effective date of regulations prescribed by the Small Business
Administration under this section setting forth a process for the
certification of business entities as eligible for treatment as a
qualified organization employing the severely disabled under subsection
(m)(2)(D).''.
SEC. 830. REPORT ON EFFECTS OF ARMY CONTRACTING AGENCY.
(a) In general.--The Secretary of the Army shall submit a report on
the effects of the establishment of an Army Contracting Agency on small
business participation in Army procurements during the first year of
operation of such an agency to--
(1) the Committee on Armed Services of the House of
Representatives;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Small Business of the House of
Representatives; and
(4) the Committee on Small Business and Entrepreneurship of
the Senate.
(b) Content.--The report required under subsection (a) shall
include, in detail--
(1) the justification for the establishment of an Army
Contracting Agency;
(2) the impact of the creation of an Army Contracting
Agency on--
(A) Army compliance with--
(i) Department of Defense Directive 4205.1;
(ii) section 15(g) of the Small Business
Act (15 U.S.C. 644(g)); and
(iii) section 15(k) of the Small Business
Act (15 U.S.C. 644(k));
(B) small business participation in Army
procurement of products and services for affected Army
installations, including--
(i) the impact on small businesses located
near Army installations, including--
(I) the increase or decrease in the
total value of Army prime contracting
with local small businesses; and
(II) the opportunities for small
business owners to meet and interact
with Army procurement personnel; and
(ii) any change or projected change in the
use of consolidated contracts and bundled
contracts; and
(3) a description of the Army's plan to address any
negative impact on small business participation in Army
procurement, to the extent such impact is identified in the
report.
(c) Time for Submission.--The report under this section shall be
due 15 months after the date of the establishment of the Army
Contracting Agency.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. TIME FOR SUBMITTAL OF REPORT ON QUADRENNIAL DEFENSE REVIEW.
Section 118(d) of title 10, United States Code, is amended by
striking ``not later than September 30 of the year in which the review
is conducted'' in the second sentence and inserting ``in the year
following the year in which the review is conducted, but not later than
the date on which the President submits the budget for the next fiscal
year to Congress under section 1105(a) of title 31''.
SEC. 902. INCREASED NUMBER OF DEPUTY COMMANDANTS AUTHORIZED FOR THE
MARINE CORPS.
Section 5045 of title 10, United States Code, is amended by
striking ``five'' and inserting ``six''.
SEC. 903. BASE OPERATING SUPPORT FOR FISHER HOUSES.
(a) Expansion of Requirement To Include Army and Air Force.--
Section 2493(f) of title 10, United States Code, is amended to read as
follows:
``(f) Base Operating Support.--The Secretary of the military
department concerned shall provide base operating support for Fisher
Houses associated with health care facilities of that military
department.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2002.
SEC. 904. PREVENTION AND MITIGATION OF CORROSION.
(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall designate an
officer or employee of the Department of Defense as the senior official
responsible (after the Secretary of Defense and the Under Secretary of
Defense for Acquisition, Technology, and Logistics) for the prevention
and mitigation of corrosion of the military equipment and
infrastructure of the Department. The designated official shall report
directly to the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
(b) Duties.--The official designated under subsection (a) shall
direct and coordinate initiatives throughout the Department of Defense
to prevent and mitigate corrosion of the military equipment and
infrastructure of the Department, including efforts to facilitate the
prevention and mitigation of corrosion through--
(1) development and recommendation of policy guidance on
the prevention and mitigation of corrosion which the Secretary
of Defense shall issue;
(2) review of the annual budget proposed for the prevention
and mitigation of corrosion by the Secretary of each military
department and submittal of recommendations regarding the
proposed budget to the Secretary of Defense;
(3) direction and coordination of the efforts within the
Department of Defense to prevent or mitigate corrosion during--
(A) the design, acquisition, and maintenance of
military equipment; and
(B) the design, construction, and maintenance of
infrastructure; and
(4) monitoring of acquisition practices--
(A) to ensure that the use of corrosion prevention
technologies and the application of corrosion
prevention treatments are fully considered during
research and development in the acquisition process;
and
(B) to ensure that, to the extent determined
appropriate in each acquisition program, such
technologies and treatments are incorporated into the
program, particularly during the engineering and design
phases of the acquisition process.
(c) Interim Report.--When the President submits the budget for
fiscal year 2004 to Congress pursuant to section 1105(a) of title 31,
United States Code, the Secretary of Defense shall submit to Congress a
report regarding the actions taken under this section. The report shall
include the following matters:
(1) The organizational structure for the personnel carrying
out the responsibilities of the official designated under
subsection (a) with respect to the prevention and mitigation of
corrosion.
(2) An outline and milestones for developing a long-term
corrosion prevention and mitigation strategy.
(d) Long-Term Strategy.--(1) Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a long-term strategy to reduce corrosion and the effects of
corrosion on the military equipment and infrastructure of the
Department of Defense.
(2) The strategy shall provide for the following actions:
(A) Expanding the emphasis on corrosion prevention and
mitigation to include coverage of infrastructure.
(B) Applying uniformly throughout the Department of Defense
requirements and criteria for the testing and certification of
new technologies for the prevention of corrosion.
(C) Implementing programs, including programs supporting
databases, to foster the collection and analysis of--
(i) data useful for determining the extent of the
effects of corrosion on the maintenance and readiness
of military equipment and infrastructure; and
(ii) data on the costs associated with the
prevention and mitigation of corrosion.
(D) Implementing programs, including supporting databases,
to ensure that a focused and coordinated approach is taken
throughout the Department of Defense to collect, review,
validate, and distribute information on proven methods and
products that are relevant to the prevention of corrosion of
military equipment and infrastructure.
(E) Implementing a program to identify specific funding in
future budgets for the total life cycle costs of the prevention
and mitigation of corrosion.
(F) Establishing a coordinated research and development
program for the prevention and mitigation of corrosion for new
and existing military equipment and infrastructure that
includes a plan to transition new corrosion prevention
technologies into operational systems.
(3) The strategy shall also include, for the actions provided for
pursuant to paragraph (2), the following:
(A) Policy guidance.
(B) Performance measures and milestones.
(C) An assessment of the necessary program management
resources and necessary financial resources.
(e) GAO Reviews.--The Comptroller General shall monitor the
implementation of the long-term strategy required under subsection (d)
and, not later than 18 months after the date of the enactment of this
Act, submit to Congress an assessment of the extent to which the
strategy has been implemented.
(f) Definitions.--In this section:
(1) The term ``corrosion'' means the deterioration of a
substance or its properties due to a reaction with its
environment.
(2) The term ``military equipment'' includes all air, land,
and sea weapon systems, weapon platforms, vehicles, and
munitions of the Department of Defense, and the components of
such items.
(3) The term ``infrastructure'' includes all buildings,
structures, airfields, port facilities, surface and
subterranean utility systems, heating and cooling systems, fuel
tanks, pavements, and bridges.
(g) Termination.--This section shall cease to be effective on the
date that is five years after the date of the enactment of this Act.
SEC. 905. WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
(a) Authority To Accept Foreign Gifts and Donations.--Section 2166
of title 10, United States Code, is amended--
(1) by redesignating subsections (f), (g), and (h), as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Authority To Accept Foreign Gifts and Donations.--(1) The
Secretary of Defense may, on behalf of the Institute, accept foreign
gifts or donations in order to defray the costs of, or enhance the
operation of, the Institute.
``(2) Funds received by the Secretary under paragraph (1) shall be
credited to appropriations available for the Department of Defense for
the Institute. Funds so credited shall be merged with the
appropriations to which credited and shall be available for the
Institute for the same purposes and same period as the appropriations
with which merged.
``(3) The Secretary of Defense shall notify Congress if the total
amount of money accepted under paragraph (1) exceeds $1,000,000 in any
fiscal year. Any such notice shall list each of the contributors of
such money and the amount of each contribution in such fiscal year.
``(4) For the purposes of this subsection, a foreign gift or
donation is a gift or donation of funds, materials (including research
materials), property, or services (including lecture services and
faculty services) from a foreign government, a foundation or other
charitable organization in a foreign country, or an individual in a
foreign country.''.
(b) Content of Annual Report to Congress.--Subsection (i) of such
section, as redesignated by subsection (a)(1), is amended by inserting
after the first sentence the following: ``The report shall include a
copy of the latest report of the Board of Visitors received by the
Secretary under subsection (e)(5), together with any comments of the
Secretary on the Board's report.''.
SEC. 906. VETERINARY CORPS OF THE ARMY.
(a) Composition and Administration.--(1) Chapter 307 of title 10,
United States Code, is amended by inserting after section 3070 the
following new section 3071:
``Sec. 3071. Veterinary Corps: composition; Chief and assistant chief;
appointment; grade
``(a) Composition.--The Veterinary Corps consists of the Chief and
assistant chief of that corps and other officers in grades prescribed
by the Secretary of the Army.
``(b) Chief.--The Secretary of the Army shall appoint the Chief
from the officers of the Regular Army in that corps whose regular grade
is above lieutenant colonel and who are recommended by the Surgeon
General. An appointee who holds a lower regular grade may be appointed
in the regular grade of brigadier general. The Chief serves during the
pleasure of the Secretary, but not for more than four years, and may
not be reappointed to the same position.
``(c) Assistant Chief.--The Surgeon General shall appoint the
assistant chief from the officers of the Regular Army in that corps
whose regular grade is above lieutenant colonel. The assistant chief
serves during the pleasure of the Surgeon General, but not for more
than four years and may not be reappointed to the same position.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3070 the
following new item:
``3071. Veterinary Corps: composition; Chief and assistant chief;
appointment; grade.''.
(b) Effective Date.--Section 3071 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 2002.
SEC. 907. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.
(a) Establishment of Position.--Chapter 4 of title 10, United
States Code, is amended--
(1) by transferring section 137 within such chapter to
appear following section 138;
(2) by redesignating sections 137 and 139 as sections 139
and 139a, respectively; and
(3) by inserting after section 136a the following new
section 137:
``Sec. 137. Under Secretary of Defense for Intelligence
``(a) There is an Under Secretary of Defense for Intelligence,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
``(b) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for Intelligence
shall perform such duties and exercise such powers as the Secretary of
Defense may prescribe in the area of intelligence.
``(c) The Under Secretary of Defense for Personnel and Readiness
takes precedence in the Department of Defense after the Under Secretary
of Defense for Personnel and Readiness.''.
(b) Conforming Amendments.--(1) Section 131 of such title is
amended--
(A) by striking paragraphs (2), (3), (4), and (5), and
inserting the following:
``(2) The Under Secretaries of Defense, as follows:
``(A) The Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(B) The Under Secretary of Defense for Policy.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel
and Readiness.
``(E) The Under Secretary of Defense for
Intelligence.''; and
(B) by redesignating paragraphs (6), (7), (8), (9), (10),
and (11) as paragraphs (3), (4), (5), (6), (7), and (8),
respectively.
(2) The table of sections at the beginning of chapter 4 of such
title is amended--
(A) by striking the item relating to section 137 and
inserting the following:
``137. Under Secretary of Defense for Intelligence.'';
and
(B) by striking the item relating to section 139 and
inserting the following:
``139. Director of Research and Engineering.
``139a. Director of Operational Test and Evaluation.''.
(c) Executive Level III.--Section 5314 of title 5, United States
Code, is amended by inserting after ``Under Secretary of Defense for
Personnel and Readiness.'' the following:
``Under Secretary of Defense for Intelligence.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 2003 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,500,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. REALLOCATION OF AUTHORIZATIONS OF APPROPRIATIONS FROM
BALLISTIC MISSILE DEFENSE TO SHIPBUILDING.
(a) Amount.--Notwithstanding any other provision of this Act, the
total amount authorized to be appropriated under section 201(4) is
hereby reduced by $690,000,000, and the amount authorized to be
appropriated under section 102(a)(3) is hereby increased by
$690,000,000.
(b) Source of Reduction.--The total amount of the reduction in the
amount authorized to be appropriated under section 201(4) shall be
derived from the amount provided under that section for ballistic
missile defense for research, development, test, and evaluation.
(c) Allocation of Increase.--Of the additional amount authorized to
be appropriated under section 102(a)(3) pursuant to subsection (a)--
(1) $415,000,000 shall be available for advance procurement
of a Virginia class submarine;
(2) $125,000,000 shall be available for advance procurement
of a DDG-51 class destroyer; and
(3) $150,000,000 shall be available for advance procurement
of an LPD-17 class amphibious transport dock.
SEC. 1003. AUTHORIZATION OF APPROPRIATIONS FOR CONTINUED OPERATIONS FOR
THE WAR ON TERRORISM.
(a) Amount.--(1) In addition to the amounts authorized to be
appropriated under divisions A and B, funds are hereby authorized to be
appropriated for fiscal year 2003 (subject to subsection (b)) in the
total amount of $10,000,000,000 for the conduct of operations in
continuation of the war on terrorism in accordance with the
Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C.
1541 note).
(2) The amount authorized to be appropriated under paragraph (1)
shall be available for increased operating costs, transportation costs,
costs of humanitarian efforts, costs of special pays, costs of enhanced
intelligence efforts, increased personnel costs for members of the
reserve components ordered to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10, United States Code,
and other costs related to operations referred to in paragraph (1).
(b) Authorization Contingent on Budget Request.--The authorization
of appropriations in subsection (a) shall be effective only to the
extent of the amount provided in a budget request for the appropriation
of funds for purposes set forth in subsection (a) that is submitted by
the President to Congress after the date of the enactment of this Act
and--
(1) includes a designation of the requested amount as being
essential to respond to or protect against acts or threatened
acts of terrorism; and
(2) specifies a proposed allocation and plan for the use of
the appropriation for purposes set forth in subsection (a).
SEC. 1004. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2002.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2002 in the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107) are hereby adjusted, with respect
to any such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in any law
making supplemental appropriations for fiscal year 2002 that is enacted
during the 107th Congress, second session.
SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2003.
(a) Fiscal Year 2003 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2003 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2002, of funds appropriated for fiscal years before
fiscal year 2003 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $750,000 for
the Civil Budget.
(2) Of the amount provided in section 301(a)(1),
$205,623,000 for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the North
Atlantic Treaty Organization (and any successor or additional
account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.
SEC. 1006. DEVELOPMENT AND IMPLEMENTATION OF FINANCIAL MANAGEMENT
ENTERPRISE ARCHITECTURE.
(a) Requirement for Enterprise Architecture and Transition Plan.--
Not later than March 15, 2003, the Secretary of Defense shall develop a
proposed financial management enterprise architecture for all
budgetary, accounting, finance, and data feeder systems of the
Department of Defense, together with a transition plan for implementing
the proposed enterprise architecture.
(b) Composition of Architecture.--The proposed financial management
enterprise architecture developed under subsection (a) shall describe a
system that, at a minimum--
(1) includes data standards and system interface
requirements that are to apply uniformly throughout the
Department of Defense;
(2) enables the Department of Defense--
(A) to comply with Federal accounting, financial
management, and reporting requirements;
(B) to routinely produce timely, accurate, and
useful financial information for management purposes;
(C) to integrate budget, accounting, and program
information and systems; and
(D) to provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
(c) Composition of Transition Plan.--The transition plan developed
under subsection (a) shall contain specific time-phased milestones for
modifying or eliminating existing systems and for acquiring new systems
necessary to implement the proposed enterprise architecture.
(d) Expenditures for Implementation.--The Secretary of Defense may
not obligate more than $1,000,000 for a defense financial system
improvement on or after the enterprise architecture approval date
unless the Financial Management Modernization Executive Committee
determines that the defense financial system improvement is consistent
with the proposed enterprise architecture and transition plan.
(e) Expenditures Pending Architecture Approval.--The Secretary of
Defense may not obligate more than $1,000,000 for a defense financial
system improvement during the enterprise architecture pre-approval
period unless the Financial Management Modernization Executive
Committee determines that the defense financial system improvement is
necessary--
(1) to achieve a critical national security capability or
address a critical requirement in an area such as safety or
security; or
(2) to prevent a significant adverse effect (in terms of a
technical matter, cost, or schedule) on a project that is
needed to achieve an essential capability, taking into
consideration in the determination the alternative solutions
for preventing the adverse effect.
(f) Comptroller General Review.--Not later than March 1 of each of
2003, 2004, and 2005, the Comptroller General shall submit to the
congressional defense committees a report on defense financial
management system improvements that have been undertaken during the
previous year. The report shall include the Comptroller General's
assessment of the extent to which the improvements comply with the
requirements of this section.
(g) Definitions.--In this section:
(1) The term ``defense financial system improvement''--
(A) means the acquisition of a new budgetary,
accounting, finance, or data feeder system for the
Department of Defense, or a modification of an existing
budgetary, accounting, finance, or data feeder system
of the Department of Defense; and
(B) does not include routine maintenance and
operation of any such system.
(2) The term ``enterprise architecture approval date''
means the date on which the Secretary of Defense approves a
proposed financial management enterprise architecture and a
transition plan that satisfy the requirements of this section.
(3) The term ``enterprise architecture pre-approval
period'' means the period beginning on the date of the
enactment of this Act and ending on the day before the
enterprise architecture approval date.
(4) The term ``feeder system'' means a data feeder system
within the meaning of section 2222(c)(2) of title 10, United
States Code.
(5) The term ``Financial Management Modernization Executive
Committee'' means the Financial Management Modernization
Executive Committee established pursuant to section 185 of
title 10, United States Code.
SEC. 1007. DEPARTMENTAL ACCOUNTABLE OFFICIALS IN THE DEPARTMENT OF
DEFENSE.
(a) Designation and Accountability.--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, as a departmental accountable official any employee of the
Department of Defense or any member of the armed forces who--
``(1) has a duty to provide a certifying official of the
Department of Defense with information, data, or services
directly relied upon by the certifying official in the
certification of vouchers for payment; and
``(1) is not otherwise accountable under subtitle III of
title 31 or any other provision of law for payments made on the
basis of the vouchers.
``(b) Pecuniary Liability.--(1) The Secretary of Defense may, in a
designation of a departmental accountable official under subsection
(a), subject that official to pecuniary liability, in the same manner
and to the same extent as an official accountable under subtitle III of
title 31, for an illegal, improper, or incorrect payment made pursuant
to a voucher certified by a certifying official of the Department of
Defense on the basis of information, data, or services that--
``(A) the departmental accountable official provides to the
certifying official in the performance of a duty described in
subsection (a)(1); and
``(B) the certifying official directly relies upon in
certifying the voucher.
``(2) Any pecuniary liability imposed on a departmental accountable
official under this subsection for a loss to the United States
resulting from an illegal, improper, or incorrect payment shall be
joint and several with that of any other employee or employees of the
United States or member or members of the uniformed services who are
pecuniarily liable for the loss.
``(c) Relief From Pecuniary Liability.--The Secretary of Defense
shall relieve a departmental accountable official from pecuniary
liability imposed under subsection (b) in the case of a payment if the
Secretary determines that the payment was not a result of fault or
negligence on the part of the departmental accountable official.
``(d) Certifying Official Defined.--In this section, the term
`certifying official' means an employee who has the responsibilities
specified in section 3528(a) of title 31.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2773 the following new item:
``2773a. Departmental accountable officials.''.
SEC. 1008. DEPARTMENT-WIDE PROCEDURES FOR ESTABLISHING AND LIQUIDATING
PERSONAL PECUNIARY LIABILITY.
(a) Report of Survey Procedures.--(1) 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 regulations prescribed pursuant to
subsection (c), any officer of the armed forces or any civilian
employee of the Department of Defense designated in accordance with the
regulations may act upon reports of survey and vouchers pertaining to
the loss, spoilage, unserviceability, unsuitability, or destruction of,
or damage to, property of the United States under the control of the
Department of Defense.
``(b) Finality of Action.--(1) Action taken under subsection (a) is
final except as provided in paragraph (2).
``(2) An action holding a person pecuniarily liable for loss,
spoilage, destruction, or damage is not final until approved by a
person designated to do so by the Secretary of a military department,
commander of a combatant command, or Director of a Defense Agency, as
the case may be, who has jurisdiction of the person held pecuniarily
liable. The person designated to provide final approval shall be an
officer of an armed force, or a civilian employee, under the
jurisdiction of the official making the designation.
``(c) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(2) The table of sections at the beginning of chapter 165 of such
title is amended by inserting after the item relating to section 2786
the following new item:
``2787. Reports of survey.''.
(b) Damage or Repair of Arms and Equipment.--Section 1007(e) of
title 37, United States Code, is amended by striking ``Army or the Air
Force'' and inserting ``Army, Navy, Air Force, or Marine Corps''.
(c) Repeal of Superseded Provisions.--(1) Sections 4835 and 9835 of
title 10, United States Code, are repealed.
(2) The tables of sections at the beginning of chapters 453 and 953
of such title are amended by striking the items relating to sections
4835 and 9835, respectively.
SEC. 1009. TRAVEL CARD PROGRAM INTEGRITY.
(a) Authority.--Section 2784 of title 10, United States Code, is
amended by adding at the end the following new subsections:
``(d) Disbursement of Allowances Directly to Creditors.--(1) The
Secretary of Defense may require that any part of the travel or
transportation allowances of an employee of the Department of Defense
or a member of the armed forces be disbursed directly to the issuer of
a Defense travel card if the amount is disbursed to the issuer in
payment of amounts of expenses of official travel that are charged by
the employee or member on the Defense travel card.
``(2) For the purposes of this subsection, the travel and
transportation allowances referred to in paragraph (1) are amounts to
which an employee of the Department of Defense is entitled under
section 5702 of title 5 and or a member of the armed forces is entitled
section 404 of title 37.
``(e) Offsets for Delinquent Travel Card Charges.--(1) The
Secretary of Defense may require that there be deducted and withheld
from any pay payable to an employee of the Department of Defense or a
member of the armed forces any amount that is owed by the employee or
member to a creditor by reason of one or more charges of expenses of
official travel of the employee or member on a Defense travel card
issued by the creditor if the employee or member--
``(A) is delinquent in the payment of such amount under the
terms of the contract under which the card is issued; and
``(B) does not dispute the amount of the delinquency.
``(2) The amount deducted and withheld from pay under paragraph (1)
with respect to a debt owed a creditor as described in that paragraph
shall be disbursed to the creditor to reduce the amount of the debt.
``(3) The amount of pay deducted and withheld from the pay owed to
an employee or member with respect to a pay period under paragraph (1)
may not exceed 15 percent of the disposable pay of the employee or
member for that pay period, except that a higher amount may be deducted
and withheld with the written consent of the employee or member.
``(4) The Secretary of Defense shall prescribe procedures for
deducting and withholding amounts from pay under this subsection. The
procedures shall be substantially equivalent to the procedures under
section 3716 of title 31.
``(f) Under Secretary of Defense (Comptroller).--The Secretary of
Defense shall act through the Under Secretary of Defense (Comptroller)
in carrying out this section.
``(g) Definitions.--In this section:
``(1) The term `Defense travel card' means a charge or
credit card that--
``(A) is issued to an employee of the Department of
Defense or a member of the armed forces under a
contract entered into by the Department of Defense and
the issuer of the card; and
``(B) is to be used for charging expenses incurred
by the employee or member in connection with official
travel.
``(2) The term `disposable pay', with respect to a pay
period, means the amount equal to the excess of the amount of
basic pay payable for the pay period over the total of the
amounts deducted and withheld from such pay.''.
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``, acting through the Under Secretary of Defense
(Comptroller),''.
SEC. 1010. CLEARANCE OF CERTAIN TRANSACTIONS RECORDED IN TREASURY
SUSPENSE ACCOUNTS AND RESOLUTION OF CERTAIN CHECK
ISSUANCE DISCREPANCIES.
(a) Clearing of Suspense Accounts.--(1) In the case of any
transaction that was entered into by or on behalf of the Department of
Defense before March 1, 2001, that is recorded in the Department of
Treasury Budget Clearing Account (Suspense) designated as account
F3875, the Unavailable Check Cancellations and Overpayments (Suspense)
designated as account F3880, or an Undistributed Intergovernmental
Payments account designated as account F3885, and for which no
appropriation for the Department of Defense has been identified--
(A) any undistributed collection credited to such account
in such case shall be deposited to the miscellaneous receipts
of the Treasury; and
(B) subject to paragraph (2), any undistributed
disbursement recorded in such account in such case shall be
canceled.
(2) An undistributed disbursement may not be canceled under
paragraph (1) until the Secretary of Defense has made a written
determination that the appropriate official or officials of the
Department of Defense have attempted without success to locate the
documentation necessary to demonstrate which appropriation should be
charged and further efforts are not in the best interests of the United
States.
(b) Resolution of Check Issuance Discrepancies.--(1) In the case of
any check drawn on the Treasury that was issued by or on behalf of the
Department of Defense before October 31, 1998, for which the Secretary
of the Treasury has reported to the Department of Defense a discrepancy
between the amount paid and the amount of the check as transmitted to
the Department of Treasury, and for which no specific appropriation for
the Department of Defense can be identified as being associated with
the check, the discrepancy shall be canceled, subject to paragraph (2).
(2) A discrepancy may not be canceled under paragraph (1) until the
Secretary of Defense has made a written determination that the
appropriate official or officials of the Department of Defense have
attempted without success to locate the documentation necessary to
demonstrate which appropriation should be charged and further efforts
are not in the best interests of the United States.
(c) Consultation.--The Secretary of Defense shall consult the
Secretary of the Treasury in the exercise of the authority granted by
subsections (a) and (b).
(d) Duration of Authority.--(1) A particular undistributed
disbursement may not be canceled under subsection (a) more than 30 days
after the date of the written determination made by the Secretary of
Defense under such subsection regarding that undistributed
disbursement.
(2) A particular discrepancy may not be canceled under subsection
(b) more than 30 days after the date of the written determination made
by the Secretary of Defense under such subsection regarding that
discrepancy.
(3) No authority may be exercised under this section after the date
that is two years after the date of the enactment of this Act.
SEC. 1011. ADDITIONAL AMOUNT FOR BALLISTIC MISSILE DEFENSE OR COMBATING
TERRORISM IN ACCORDANCE WITH NATIONAL SECURITY PRIORITIES
OF THE PRESIDENT.
(a) Authorization of Appropriations.--In addition to other amounts
authorized to be appropriated by other provisions of this division,
there is hereby authorized to be appropriated for the Department of
Defense for fiscal year 2003, $814,300,000 for whichever of the
following purposes the President determines that the additional amount
is necessary in the national security interests of the United States:
(1) Research, development, test, and evaluation for
ballistic missile defense programs of the Department of
Defense.
(2) Activities of the Department of Defense for combating
terrorism at home and abroad.
(b) Offset.--The total amount authorized to be appropriated under
the other provisions of this division is hereby reduced by $814,300,000
to reflect the amounts that the Secretary determines unnecessary by
reason of a revision of assumptions regarding inflation that are
applied as a result of the midsession review of the budget conducted by
the Office of Management and Budget during the spring and early summer
of 2002.
(c) Priority for Allocating Funds.--In the expenditure of
additional funds made available by a lower rate of inflation, the top
priority shall be the use of such funds for Department of Defense
activities for protecting the American people at home and abroad by
combating terrorism at home and abroad.
SEC. 1012. AVAILABILITY OF AMOUNTS FOR OREGON ARMY NATIONAL GUARD FOR
SEARCH AND RESCUE AND MEDICAL EVACUATION MISSIONS IN
ADVERSE WEATHER CONDITIONS.
(a) Increase in Authorization of Appropriations for Army
Procurement.--The amount authorized to be appropriated by section
101(1) for procurement for the Army for aircraft is hereby increased by
$3,000,000.
(b) Availability.--Of the amount authorized to be appropriated by
section 101(1) for procurement for the Army for aircraft, as increased
by subsection (a), $3,000,000 shall be available for the upgrade of
three UH-60L Blackhawk helicopters of the Oregon Army National Guard to
the capabilities of UH-60Q Search and Rescue model helicopters,
including Star Safire FLIR, Breeze-Eastern External Rescue Hoist, and
Air Methods COTS Medical Systems upgrades, in order to improve the
utility of such UH-60L Blackhawk helicopters in search and rescue and
medical evacuation missions in adverse weather conditions.
(c) Increase in Authorization of Appropriations for Military
Personnel.--The amount authorized to be appropriated by section 421 for
military personnel is hereby increased by $1,800,000.
(d) Availability.--Of the amount authorized to be appropriated by
section 421 for military personnel, as increased by subsection (d),
$1,800,000 shall be available for up to 26 additional personnel for the
Oregon Army National Guard.
(e) Offset.--The amount authorized to be appropriated by section
301(a)(1) for operation and maintenance for the Army is hereby reduced
by $4,800,000, with the amount of the reduction to be allocated to Base
Operations Support (Servicewide Support).
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. NUMBER OF NAVY SURFACE COMBATANTS IN ACTIVE AND RESERVE
SERVICE.
(a) Contingent Requirement for Report.--If, on the date of the
enactment of this Act, the total number of Navy ships comprising the
force of surface combatants is less than 116, the Secretary of the Navy
shall submit a report on the size of that force to the Committees on
Armed Services of the Senate and the House of Representatives. The
report shall be submitted not later than 90 days after such date and
shall include a risk assessment for such force that is based on the
same assumptions as those that were applied in the QDR 2001 current
force risk assessment.
(b) Limitation on Reduction.--The force of surface combatants may
not be reduced at any time after the date of the enactment of this Act
from a number of ships (whether above, equal to, or below 116) to a
number of ships below 116 before the date that is 90 days after the
date on which the Secretary of the Navy submits to the committees
referred to in subsection (a) a written notification of the reduction.
The notification shall include the following information:
(1) The schedule for the reduction.
(2) The number of ships that are to comprise the reduced
force of surface combatants.
(3) A risk assessment for the reduced force that is based
on the same assumptions as those that were applied in the QDR
2001 current force risk assessment.
(c) Preservation of Surge Capability.--Whenever the total number of
Navy ships comprising the force of surface combatants is less than 116,
the Secretary of the Navy shall maintain on the Naval Vessel Register a
sufficient number of surface combatant ships to enable the Navy to
regain a total force of 116 surface combatant ships in active and
reserve service in the Navy within 120 days after the President decides
to increase the force of surface combatants.
(d) Definitions.--In this section:
(1) The term ``force of surface combatants'' means the
surface combatant ships in active and reserve service in the
Navy.
(2) The term ``QDR 2001 current force risk assessment''
means the risk assessment associated with a force of 116
surface combatant ships in active and reserve service in the
Navy that is set forth in the report on the quadrennial defense
review submitted to Congress on September 30, 2001, under
section 118 of title 10, United States Code.
SEC. 1022. PLAN FOR FIELDING THE 155-MILLIMETER GUN ON A SURFACE
COMBATANT.
(a) Requirement for Plan.--The Secretary of the Navy shall submit
to Congress a plan for fielding the 155-millimeter gun on one surface
combatant ship in active service in the Navy. The Secretary shall
submit the plan at the same time that the President submits the budget
for fiscal year 2004 to Congress under section 1105(a) of title 31,
United States Code.
(b) Fielding on Expedited Schedule.--The plan shall provide for
fielding the 155-millimeter gun on an expedited schedule that is
consistent with the achievement of safety of operation and fire support
capabilities meeting the fire support requirements of the Marine Corps,
but not later than October 1, 2006.
SEC. 1023. REPORT ON INITIATIVES TO INCREASE OPERATIONAL DAYS OF NAVY
SHIPS.
(a) Requirement for Report on Initiatives.--(1) The Under Secretary
of Defense for Acquisition, Technology, and Logistics shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on Department of Defense initiatives to
increase the number of operational days of Navy ships as described in
subsection (b).
(2) The report shall cover the ongoing Department of Defense
initiatives as well as potential initiatives that are under
consideration within the Department of Defense.
(b) Initiatives Within Limits of Existing Fleet and Deployment
Policy.--The Under Secretary shall, in the report, assess the
feasibility and identify the projected effects of conducting
initiatives that have the potential to increase the number of
operational days of Navy ships available to the commanders-in-chief of
the regional unified combatant commands without increasing the number
of Navy ships and without increasing the routine lengths of deployments
of Navy ships above six months.
(c) Required Focus Areas.--The report shall, at a minimum, address
the following four focus areas:
(1) Assignment of additional ships, including submarines,
to home ports closer to the areas of operation for the ships
(known as ``forward homeporting'').
(2) Assignment of ships to remain in a forward area of
operations, together with rotation of crews for each ship so
assigned.
(3) Retention of ships for use until the end of the full
service life, together with investment of the funds necessary
to support retention to that extent.
(4) Prepositioning of additional ships with, under normal
circumstances, small crews in a forward area of operations.
(d) Time for Submittal.--The report shall be submitted at the same
time that the President submits the budget for fiscal year 2004 to
Congress under section 1105(a) of title 31, United States Code.
SEC. 1024. ANNUAL LONG-RANGE PLAN FOR THE CONSTRUCTION OF SHIPS FOR THE
NAVY.
(a) Findings.--Congress makes the following findings:
(1) Navy ships provide a forward presence for the United
States that is a key to the national defense of the United
States.
(2) The Navy has demonstrated that its ships contribute
significantly to homeland defense.
(3) The Navy's ship recapitalization plan is inadequate to
maintain the ship force structure that is described as the
current force in the 2001 Quadrennial Defense Review.
(4) The Navy is decommissioning ships as much as 10 years
earlier than the projected ship life upon which ship
replacement rates are based.
(5) The current force was assessed in the 2001 Quadrennial
Defense Review as having moderate to high risk, depending on
the scenario considered.
(b) Annual Ship Construction Plan.--(1) Chapter 9 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 231. Annual ship construction plan
``(a) Annual Ship Construction Plan.--The Secretary of Defense
shall include in the defense budget materials for each fiscal year a
plan for the construction of combatant and support ships for the Navy
that--
``(1) supports the National Security Strategy; or
``(2) if there is no National Security Strategy in effect,
supports the ship force structure called for in the report of
the latest Quadrennial Defense Review.
``(b) Content.--The ship construction plan included in the defense
budget materials for a fiscal year shall provide in detail for the
construction of combatant and support ships for the Navy over the 30
consecutive fiscal years beginning with the fiscal year covered by the
defense budget materials and shall include the following matters:
``(1) A description of the necessary ship force structure
of the Navy.
``(2) The estimated levels of funding necessary to carry
out the plan, together with a discussion of the procurement
strategies on which such estimated funding levels are based.
``(3) A certification by the Secretary of Defense that both
the budget for the fiscal year covered by the defense budget
materials and the future-years defense program submitted to
Congress in relation to such budget under section 221 of this
title provide for funding ship construction for the Navy at a
level that is sufficient for the procurement of the ships
provided for in the plan on schedule.
``(4) If the budget for the fiscal year provides for
funding ship construction at a level that is not sufficient for
the recapitalization of the force of Navy ships at the annual
rate necessary to sustain the force, an assessment (coordinated
with the commanders of the combatant commands in advance) that
describes and discusses the risks associated with the reduced
force structure that will result from funding ship construction
at such insufficient level.
``(c) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for such fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for such fiscal
year.
``(3) The term `Quadrennial Defense Review' means the
Quadrennial Defense Review that is carried out under section
118 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``231. Annual ship construction plan.''.
Subtitle C--Reporting Requirements
SEC. 1031. REPEAL AND MODIFICATION OF VARIOUS REPORTING REQUIREMENTS
APPLICABLE WITH RESPECT TO THE DEPARTMENT OF DEFENSE.
(a) Provisions of Title 10.--Title 10, United States Code, is
amended as follows:
(1)(A) Section 183 is repealed.
(B) The table of sections at the beginning of chapter 7 is
amended by striking the item relating to section 183.
(2)(A) Sections 226 and 230 are repealed.
(B) The table of sections at the beginning of chapter 9 is
amended by striking the items relating to sections 226 and 230.
(3) Effective two years after the date of the enactment of
this Act--
(A) section 483 is repealed; and
(B) the table of sections at the beginning of
chapter 23 is amended by striking the item relating to
section 483.
(4) Section 526 is amended by striking subsection (c).
(5) Section 721(d) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' before ``If an officer''.
(6) Section 1095(g) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after ``(g)''.
(7) Section 1798 is amended by striking subsection (d).
(8) Section 1799 is amended by striking subsection (d).
(9) Section 2220 is amended--
(A) by striking subsections (b) and (c);
(B) by striking ``(1)'' after ``Establishment of
Goals.--''; and
(C) by striking ``(2) The'' and inserting ``(b)
Evaluation of Cost Goals.--The''.
(10) Section 2350a(g) is amended by striking paragraph (4).
(11) Section 2350f is amended by striking subsection (c).
(12) Section 2350k is amended by striking subsection (d).
(13) Section 2367(d) is amended by striking ``Effort.--(1)
In the'' and all that follows through ``(2) After the close
of'' and inserting ``Effort.--After the close of''.
(14) Section 2391 is amended by striking subsection (c).
(15) Section 2486(b)(12) is amended by striking ``, except
that'' and all that follows and inserting the following: ``,
except that the Secretary shall notify Congress of any addition
of, or change in, a merchandise category under this
paragraph.''.
(16) Section 2492 is amended by striking subsection (c) and
inserting the following:
``(c) Notification of Conditions Necessitating Restrictions.--The
Secretary of Defense shall notify Congress of any change proposed or
made to any of the host nation laws or any of the treaty obligations of
the United States, and any changed conditions within host nations, if
the change would necessitate the use of quantity or other restrictions
on purchases in commissary and exchange stores located outside the
United States.''.
(17)(A) Section 2504 is repealed.
(B) The table of sections at the beginning of subchapter II
of chapter 148 is amended by striking the item relating to
section 2504.
(18) Section 2506--
(A) is amended by striking subsection (b); and
(B) by striking ``(a) Departmental Guidance.--''.
(19) Section 2537(a) is amended by striking ``$100,000''
and inserting ``$10,000,000''.
(20) Section 2611 is amended by striking subsection (e).
(21) Section 2667(d) is amended by striking paragraph (3).
(22) Section 2813 is amended by striking subsection (c).
(23) Section 2827 is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) Subject to subsection (b),
the Secretary'' and inserting ``The Secretary''.
(24) Section 2867 is amended by striking subsection (c).
(25) Section 4416 is amended by striking subsection (f).
(26) Section 5721(f) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after the subsection
heading.
(b) National Defense Authorization Act for Fiscal Year 1995.--
Section 553(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2772; 10 U.S.C. 4331 note) is
amended by striking the last sentence.
(c) Ballistic Missile Defense Act of 1995.--Section 234 of the
Ballistic Missile Defense Act of 1995 (subtitle C of title II of Public
Law 104-106; 10 U.S.C. 2431 note) is amended by striking subsection
(f).
SEC. 1032. ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND DEEPLY
BURIED TARGETS.
(a) Annual Report.--Not later than April 1, 2003, and each year
thereafter, the Secretary of Defense, Secretary of Energy, and Director
of Central Intelligence shall jointly submit to the congressional
defense committees a report on the research and development activities
undertaken by their respective agencies during the preceding fiscal
year to develop a weapon to defeat hardened and deeply buried targets.
(b) Report Elements.--The report for a fiscal year under subsection
(a) shall--
(1) include a discussion of the integration and
interoperability of the various programs to develop a weapon
referred to in that subsection that were undertaken during such
fiscal year, including a discussion of the relevance of such
programs to applicable decisions of the Joint Requirements
Oversight Council; and
(2) set forth separately a description of the research and
development activities, if any, to develop a weapon referred to
in that subsection that were undertaken during such fiscal year
by each military department, the Department of Energy, and the
Central Intelligence Agency.
SEC. 1033. REVISION OF DATE OF ANNUAL REPORT ON COUNTERPROLIFERATION
ACTIVITIES AND PROGRAMS.
Section 1503(a) of the National Defense Authorization Act for
Fiscal Year 1995 (22 U.S.C. 2751 note) is amended by striking
``February 1 of each year'' and inserting ``May 1 each year''.
SEC. 1034. QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Requirement for Review.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 488. Quadrennial quality of life review
``(a) Review Required.--(1) The Secretary of Defense shall every
four years, two years after the submission of the quadrennial defense
review to Congress under section 118 of this title, conduct a
comprehensive examination of the quality of life of the members of the
armed forces (to be known as the `quadrennial quality of life review').
The review shall include examination of the programs, projects, and
activities of the Department of Defense, including the morale, welfare,
and recreation activities.
``(2) The quadrennial review shall be designed to result in
determinations, and to foster policies and actions, that reflect the
priority given the quality of life of members of the armed forces as a
primary concern of the Department of Defense leadership.
``(b) Conduct of Review.--Each quadrennial quality of life review
shall be conducted so as--
``(1) to assess quality of life priorities and issues
consistent with the most recent National Security Strategy
prescribed by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a);
``(2) to identify actions that are needed in order to
provide members of the armed forces with the quality of life
reasonably necessary to encourage the successful execution of
the full range of missions that the members are called on to
perform under the national security strategy;
``(3) to provide a full accounting of the backlog of
installations in need of maintenance and repair, to determine
how the disrepair affects performance and quality of life of
members and their families, and to identify the budget plan
that would be required to provide the resources necessary to
remedy the backlog of maintenance and repair; and
``(4) to identify other actions that have the potential for
improving the quality of life of the members of the armed
forces.
``(c) Considerations.--Among the matters considered by the
Secretary in conducting the quadrennial review, the Secretary shall
include the following matters:
``(1) Infrastructure.
``(2) Military construction.
``(3) Physical conditions at military installations and
other Department of Defense facilities.
``(4) Budget plans.
``(5) Adequacy of medical care for members of the armed
forces and their dependents.
``(6) Adequacy of housing and the basic allowance for
housing and basic allowance for subsistence.
``(7) Housing-related utility costs.
``(8) Educational opportunities and costs.
``(9) Length of deployments.
``(10) Rates of pay, and pay differentials between the pay
of members and the pay of civilians.
``(11) Retention and recruiting efforts.
``(12) Workplace safety.
``(13) Support services for spouses and children.
``(14) Other elements of Department of Defense programs and
Federal Government policies and programs that affect the
quality of life of members.
``(d) Submission of QQLR to Congressional Committees.--The
Secretary shall submit a report on each quadrennial quality of life
review to the Committees on Armed Services of the Senate and the House
of Representatives. The report shall be submitted not later than
September 30 of the year in which the review is conducted. The report
shall include the following:
``(1) The results of the review, including a comprehensive
discussion of how the quality of life of members of the armed
forces affects the national security strategy of the United
States.
``(2) The long-term quality of life problems of the armed
forces, together with proposed solutions.
``(3) The short-term quality of life problems of the armed
forces, together with proposed solutions.
``(4) The assumptions used in the review.
``(5) The effects of quality of life problems on the morale
of the members of the armed forces.
``(6) The quality of life problems that affect the morale
of members of the reserve components in particular, together
with solutions.
``(7) The effects of quality of life problems on military
preparedness and readiness.
``(8) The appropriate ratio of--
``(A) the total amount expended by the Department
of Defense in a fiscal year for programs, projects, and
activities designed to improve the quality of life of
members of the armed forces, to
``(B) the total amount expended by the Department
of Defense in the fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``488. Quadrennial quality of life review.''.
SEC. 1035. REPORTS ON EFFORTS TO RESOLVE WHEREABOUTS AND STATUS OF
CAPTAIN MICHAEL SCOTT SPEICHER, UNITED STATES NAVY.
(a) Reports.-- Not later than 60 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense shall, in consultation with the Secretary of State and the
Director of Central Intelligence, submit to Congress a report on the
efforts of the United States Government to determine the whereabouts
and status of Captain Michael Scott Speicher, United States Navy.
(b) Period Covered by Reports.--The first report under subsection
(a) shall cover efforts described in that subsection preceding the date
of the report, and each subsequent report shall cover efforts described
in that subsection during the 90-day period ending on the date of such
report.
(c) Report Elements.--Each report under subsection (a) shall
describe, for the period covered by such report--
(1) all direct and indirect contacts with the Government of
Iraq, or any successor government, regarding the whereabouts
and status of Michael Scott Speicher;
(2) any request made to the government of another country,
including the intelligence service of such country, for
assistance in resolving the whereabouts and status of Michael
Scott Speicher, including the response to such request;
(3) each current lead on the whereabouts and status of
Michael Scott Speicher, including an assessment of the utility
of such lead in resolving the whereabouts and status of Michael
Scott Speicher; and
(4) any cooperation with nongovernmental organizations or
international organizations in resolving the whereabouts and
status of Michael Scott Speicher, including the results of such
cooperation.
(d) Form of Reports.--Each report under subsection (a) shall be
submitted in classified form, but may include an unclassified summary.
SEC. 1036. REPORT ON EFFORTS TO ENSURE ADEQUACY OF FIRE FIGHTING STAFFS
AT MILITARY INSTALLATIONS.
Not later than Mary 31, 2003, the Secretary of Defense shall submit
to Congress a report on the actions being undertaken to ensure that the
fire fighting staffs at military installations are adequate under
applicable Department of Defense regulations.
SEC. 1037. REPORT ON DESIGNATION OF CERTAIN LOUISIANA HIGHWAY AS
DEFENSE ACCESS ROAD.
Not later than March 1, 2003, the Secretary of the Army shall
submit to the congressional defense committees a report containing the
results of a study on the advisability of designating Louisiana Highway
28 between Alexandria, Louisiana, and Leesville, Louisiana, a road
providing access to the Joint Readiness Training Center, Louisiana, and
to Fort Polk, Louisiana, as a defense access road for purposes of
section 210 of title 23, United States Code.
SEC. 1038. PLAN FOR FIVE-YEAR PROGRAM FOR ENHANCEMENT OF MEASUREMENT
AND SIGNATURES INTELLIGENCE CAPABILITIES.
(a) Finding.--Congress finds that the national interest will be
served by the rapid exploitation of basic research on sensors for
purposes of enhancing the measurement and signatures intelligence
(MASINT) capabilities of the Federal Government.
(b) Plan for Program.--(1) Not later than March 30, 2003, the
Director of the Central Measurement and Signatures Intelligence Office
shall submit to Congress a plan for a five-year program of research
intended to provide for the incorporation of the results of basic
research on sensors into the measurement and signatures intelligence
systems fielded by the Federal Government, including the review and
assessment of basic research on sensors for that purpose.
(2) Activities under the plan shall be carried out by a consortium
consisting of such governmental and non-governmental entities as the
Director considers appropriate for purposes of incorporating the
broadest practicable range of sensor capabilities into the systems
referred to in paragraph (1). The consortium may include national
laboratories, universities, and private sector entities.
(3) The plan shall include a proposal for the funding of activities
under the plan, including cost-sharing by non-governmental participants
in the consortium under paragraph (2).
SEC. 1039. REPORT ON VOLUNTEER SERVICES OF MEMBERS OF THE RESERVE
COMPONENTS IN EMERGENCY RESPONSE TO THE TERRORIST ATTACKS
OF SEPTEMBER 11, 2001.
(a) Requirement for Report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on volunteer services described in subsection
(b) that were provided by members of the National Guard and other
reserve components of the Armed Forces, while not in a duty status
pursuant to orders, during the period of September 11 through 14, 2001.
The report shall include a discussion of any personnel actions that the
Secretary considers appropriate for the members regarding the
performance of such services.
(b) Covered Services.--The volunteer services referred to in
subsection (a) are as follows:
(1) Volunteer services provided in the vicinity of the site
of the World Trade Center, New York, New York, in support of
emergency response to the terrorist attack on the World Trade
Center on September 11, 2001.
(2) Volunteer services provided in the vicinity of the
Pentagon in support of emergency response to the terrorist
attack on the Pentagon on September 11, 2001.
SEC. 1040. BIANNUAL REPORTS ON CONTRIBUTIONS TO PROLIFERATION OF
WEAPONS OF MASS DESTRUCTION AND DELIVERY SYSTEMS BY
COUNTRIES OF PROLIFERATION CONCERN.
(a) Reports.--Not later than six months after the date of the
enactment of this Act, and every six months thereafter, the President
shall submit to Congress a report identifying each foreign person that,
during the six-month period ending on the date of such report, made a
material contribution to the development by a country of proliferation
concern of--
(1) nuclear, biological, or chemical weapons; or
(2) ballistic or cruise missile systems.
(b) Form of Submittal.--(1) A report under subsection (a) may be
submitted in classified form, whether in whole or in part, if the
President determines that submittal in that form is advisable.
(2) Any portion of a report under subsection (a) that is submitted
in classified form shall be accompanied by an unclassified summary of
such portion.
(c) Definitions.--In this section:
(1) The term ``foreign person'' means--
(A) a natural person that is an alien;
(B) a corporation, business association,
partnership, society, trust, or any other
nongovernmental entity, organization, or group that is
organized under the laws of a foreign country or has
its principal place of business in a foreign country;
(C) any foreign governmental entity operating as a
business enterprise; and
(D) any successor, subunit, or subsidiary of any
entity described in subparagraph (B) or (C).
(2) The term ``country of proliferation concern'' means any
country identified by the Director of Central Intelligence as
having engaged in the acquisition of dual-use and other
technology useful for the development or production of weapons
of mass destruction (including nuclear, chemical, and
biological weapons) and advanced conventional munitions in the
most current report under section 721 of the Combatting
Proliferation of Weapons of Mass Destruction Act of 1996 (title
VII of Public Law 104-293; 50 U.S.C. 2366), or any successor
report on the acquisition by foreign countries of dual-use and
other technology useful for the development or production of
weapons of mass destruction.
Subtitle D--Homeland Defense
SEC. 1041. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.
(a) Authority.--Chapter 1 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 116. Homeland security activities
``(a) Use of Personnel Performing Full-Time National Guard Duty.--
The Governor of a State may, upon the request by the head of a Federal
law enforcement agency and with the concurrence of the Secretary of
Defense, order any personnel of the National Guard of the State to
perform full-time National Guard duty under section 502(f) of this
title for the purpose of carrying out homeland security activities, as
described in subsection (b).
``(b) Purpose and Duration.--(1) The purpose for the use of
personnel of the National Guard of a State under this section is to
temporarily provide trained and disciplined personnel to a Federal law
enforcement agency to assist that agency in carrying out homeland
security activities until that agency is able to recruit and train a
sufficient force of Federal employees to perform the homeland security
activities.
``(2) The duration of the use of the National Guard of a State
under this section shall be limited to a period of 179 days. The
Governor of the State may, with the concurrence of the Secretary of
Defense, extend the period one time for an additional 90 days to meet
extraordinary circumstances.
``(c) Relationship to Required Training.--A member of the National
Guard serving on full-time National Guard duty under orders authorized
under subsection (a) shall participate in the training required under
section 502(a) of this title in addition to the duty performed for the
purpose authorized under that subsection. The pay, allowances, and
other benefits of the member while participating in the training shall
be the same as those to which the member is entitled while performing
duty for the purpose of carrying out homeland security activities. The
member is not entitled to additional pay, allowances, or other benefits
for participation in training required under section 502(a)(1) of this
title.
``(d) Readiness.--To ensure that the use of units and personnel of
the National Guard of a State for homeland security activities does not
degrade the training and readiness of such units and personnel, the
following requirements shall apply in determining the homeland security
activities that units and personnel of the National Guard of a State
may perform:
``(1) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere with
the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(2) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(3) The performance of the activities will not result in
a significant increase in the cost of training.
``(4) In the case of homeland security performed by a unit
organized to serve as a unit, the activities will support valid
unit training requirements.
``(e) Payment of Costs.--(1) The Secretary of Defense shall provide
funds to the Governor of a State to pay costs of the use of personnel
of the National Guard of the State for the performance of homeland
security activities under this section. Such funds shall be used for
the following costs:
``(A) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses (including all
associated training expenses, as determined by the Secretary),
as authorized by State law, of personnel of the National Guard
of that State used, while not in Federal service, for the
purpose of homeland security activities.
``(B) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of homeland security activities.
``(2) The Secretary of Defense shall require the head of a law
enforcement agency receiving support from the National Guard of a State
in the performance of homeland security activities under this section
to reimburse the Department of Defense for the payments made to the
State for such support under paragraph (1).
``(f) Memorandum of Agreement.--The Secretary of Defense and the
Governor of a State shall enter into a memorandum of agreement with the
head of each Federal law enforcement agency to which the personnel of
the National Guard of that State are to provide support in the
performance of homeland security activities under this section. The
memorandum of agreement shall--
``(1) specify how personnel of the National Guard are to be
used in homeland security activities;
``(2) include a certification by the Adjutant General of
the State that those activities are to be performed at a time
when the personnel are not in Federal service;
``(3) include a certification by the Adjutant General of
the State that--
``(A) participation by National Guard personnel in
those activities is service in addition to training
required under section 502 of this title; and
``(B) the requirements of subsection (d) of this
section will be satisfied;
``(4) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general), that the use of the National
Guard of the State for the activities provided for under the
memorandum of agreement is authorized by, and is consistent
with, State law;
``(5) include a certification by the Governor of the State
or a civilian law enforcement official of the State designated
by the Governor that the activities provided for under the
memorandum of agreement serve a State law enforcement purpose;
and
``(6) include a certification by the head of the Federal
law enforcement agency that the agency will have a plan to
ensure that the agency's requirement for National Guard support
ends not later than 179 days after the commencement of the
support.
``(g) Exclusion From End-Strength Computation.--Notwithstanding any
other provision of law, members of the National Guard on active duty or
full-time National Guard duty for the purposes of administering (or
during fiscal year 2003 otherwise implementing) this section shall not
be counted toward the annual end strength authorized for reserves on
active duty in support of the reserve components of the armed forces or
toward the strengths authorized in sections 12011 and 12012 of title
10.
``(h) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding any assistance provided and
activities carried out under this section during the preceding fiscal
year. The report shall include the following:
``(1) The number of members of the National Guard excluded
under subsection (g) from the computation of end strengths.
``(2) A description of the homeland security activities
conducted with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform homeland security activities under this section.
``(i) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
``(j) Definitions.--For purposes of this section:
``(1) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such section is amended by adding at the end the following new item:
``116. Homeland security activities.''.
SEC. 1042. CONDITIONS FOR USE OF FULL-TIME RESERVES TO PERFORM DUTIES
RELATING TO DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION.
Section 12310(c)(3) of title 10, United States Code, is amended by
striking ``only--'' and all that follows through ``(B) while assigned''
and inserting ``only while assigned''.
SEC. 1043. WEAPON OF MASS DESTRUCTION DEFINED FOR PURPOSES OF THE
AUTHORITY FOR USE OF RESERVES TO PERFORM DUTIES RELATING
TO DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION.
(a) Weapon of Mass Destruction Redefined.--Section 12304(i)(2) of
title 10, United States Code, is amended to read as follows:
``(2) The term `weapon of mass destruction' means--
``(A) any weapon that is designed or, through its
use, is intended to cause death or serious bodily
injury through the release, dissemination, or impact of
toxic or poisonous chemicals or their precursors;
``(B) any weapon that involves a disease organism;
``(C) any weapon that is designed to release
radiation or radioactivity at a level dangerous to
human life; and
``(D) any large conventional explosive that is
designed to produce catastrophic loss of life or
property.''.
(b) Conforming Amendment.--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 12304(i)(2) of this title''.
SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE HOMELAND DEFENSE ACTIVITIES.
(a) Report Required.--Not later than February 1, 2003, the
Secretary of Defense shall submit to the congressional defense
committees a report on what actions of the Department of Defense would
be necessary to carry out the Secretary's expressed intent--
(1) to place new emphasis on the unique operational demands
associated with the defense of the United States homeland; and
(2) to restore the mission of defense of the United States
to the position of being the primary mission of the Department
of Defense.
(b) Content of the Report.--The report shall contain, in accordance
with the other provisions of this section, the following matters:
(1) Homeland defense campaign plan.--A homeland defense
campaign plan.
(2) Intelligence.--A discussion of the relationship
between--
(A) the intelligence capabilities of--
(i) the Department of Defense; and
(ii) other departments and agencies of the
United States; and
(B) the performance of the homeland defense
mission.
(3) Threat and vulnerability assessment.--A compliance-
based national threat and vulnerability assessment.
(4) Training and exercising.--A discussion of the
Department of Defense plans for training and exercising for the
performance of the homeland defense mission.
(5) Bioterrorism initiative.--An evaluation of the need for
a Department of Defense bioterrorism initiative to improve the
ability of the department to counter bioterror threats and to
assist other agencies to improve the national ability to
counter bioterror threats.
(6) Chemical biological incident response teams.--An
evaluation of the need for and feasibility of developing and
fielding Department of Defense regional chemical biological
incident response teams.
(7) Other matters.--Any other matters that the Secretary of
Defense considers relevant regarding the efforts necessary to
carry out the intent referred to in subsection (a).
(c) Homeland Defense Campaign Plan.--
(1) Organization, planning, and interoperability.--
(A) In general.--The homeland defense campaign plan
under subsection (b)(1) shall contain a discussion of
the organization and planning of the Department of
Defense for homeland defense, including the
expectations for interoperability of the Department of
Defense with other departments and agencies of the
Federal Government and with State and local
governments.
(B) Content.--The plan shall include the following
matters:
(i) The duties, definitions, missions,
goals, and objectives of organizations in the
Department of Defense that apply homeland
defense, together with an organizational
assessment with respect to the performance of
the homeland defense mission and a discussion
of any plans for making functional realignments
of organizations, authorities, and
responsibilities for carrying out that mission.
(ii) The relationships among the leaders of
the organizations (including the Secretary of
Defense, the Joint Chiefs of Staff, the
Commander in Chief of United States Northern
Command, the Commanders in Chief of the other
regional unified combatant commands, and the
reserve components) in the performance of such
duties.
(iii) The reviews, evaluations, and
standards that are established or are to be
established for determining and ensuring the
readiness of the organizations to perform such
duties.
(2) Response to attack on critical infrastructure.--
(A) In general.--The homeland defense campaign plan
shall contain an outline of the duties and capabilities
of the Department of Defense for responding to an
attack on critical infrastructure of the United States,
including responding to an attack on critical
infrastructure of the department, by means of a weapon
of mass destruction or a CBRNE weapon or by a cyber
means.
(B) Various attack scenarios.--The outline shall
specify, for each major category of attack by a means
described in subparagraph (A), the variations in the
duties, responses, and capabilities of the various
Department of Defense organizations that result from
the variations in the means of the attack.
(C) Deficiencies.--The outline shall identify any
deficiencies in capabilities and set forth a plan for
rectifying any such deficiencies.
(D) Legal impediments.--The outline shall identify
and discuss each impediment in law to the effective
performance of the homeland defense mission.
(3) Roles and responsibilities in interagency process.--
(A) In general.--The homeland defense campaign plan
shall contain a discussion of the roles and
responsibilities of the Department of Defense in the
interagency process of policymaking and planning for
homeland defense.
(B) Integration with state and local activities.--
The homeland defense campaign plan shall include a
discussion of Department of Defense plans to integrate
Department of Defense homeland defense activities with
the homeland defense activities of other departments
and agencies of the United States and the homeland
defense activities of State and local governments,
particularly with regard to issues relating to CBRNE
and cyber attacks.
(d) Intelligence Capabilities.--The discussion of the relationship
between the intelligence capabilities and the performance of the
homeland defense mission under subsection (b)(2) shall include the
following matters:
(1) Roles and missions.--The roles and missions of the
Department of Defense for the employment of the intelligence
capabilities of the department in homeland defense.
(2) Interagency relationships.--A discussion of the
relationship between the Department of Defense and the other
departments and agencies of the United States that have duties
for collecting or analyzing intelligence in relation to
homeland defense, particularly in light of the conflicting
demands of duties relating to the collection and analysis of
domestic intelligence and duties relating to the collection and
analysis of foreign intelligence.
(3) Intelligence-related changes.--Any changes that are
necessary in the Department of Defense in order to provide
effective intelligence support for the performance of homeland
defense missions, with respect to--
(A) the preparation of threat assessments and other
warning products by the Department of Defense;
(B) collection of terrorism-related intelligence
through human intelligence sources, signals
intelligence sources, and other intelligence sources;
and
(C) intelligence policy, capabilities, and
practices.
(4) Legal impediments.--Any impediments in law to the
effective performance of intelligence missions in support of
homeland defense.
(e) Threat and Vulnerability Assessment.--
(1) Content.--The compliance-based national threat and
vulnerability assessment under subsection (b)(3) shall include
a discussion of the following matters:
(A) Critical facilities.--The threat of terrorist
attack on critical facilities, programs, and systems of
the United States, together with the capabilities of
the Department of Defense to deter and respond to any
such attack.
(B) DoD vulnerability.--The vulnerability of
installations, facilities, and personnel of the
Department of Defense to attack by persons using
weapons of mass destruction, CBRNE weapons, or cyber
means.
(C) Balanced survivability assessment.--Plans to
conduct a balanced survivability assessment for use in
determining the vulnerabilities of targets referred to
in subparagraphs (A) and (B).
(D) Process.--Plans, including timelines and
milestones, necessary to develop a process for
conducting compliance-based vulnerability assessments
for critical infrastructure, together with the
standards to be used for ensuring that the process is
executable.
(2) Definition of compliance-based.--In subsection (b)(3)
and paragraph (1)(D) of this subsection, the term ``compliance-
based'', with respect to an assessment, means that the
assessment is conducted under policies and procedures that
require correction of each deficiency identified in the
assessment to a standard set forth in Department of Defense
Instruction 2000.16 or another applicable Department of Defense
instruction, directive, or policy.
(f) Training and Exercising.--The discussion of the Department of
Defense plans for training and exercising for the performance of the
homeland defense mission under subsection (b)(4) shall contain the
following matters:
(1) Military education.--The plans for the training and
education of members of the Armed Forces specifically for
performance of homeland defense missions, including any
anticipated changes in the curriculum in--
(A) the National Defense University, the war
colleges of the Armed Forces, graduate education
programs, and other senior military schools and
education programs; and
(B) the Reserve Officers' Training Corps program,
officer candidate schools, enlisted and officer basic
and advanced individual training programs, and other
entry level military education and training programs.
(2) Exercises.--The plans for using exercises and
simulation in the training of all components of the Armed
Forces, including--
(A) plans for integrated training with departments
and agencies of the United States outside the
Department of Defense and with agencies of State and
local governments; and
(B) plans for developing an opposing force that,
for the purpose of developing potential scenarios of
terrorist attacks on targets inside the United States,
simulates a terrorist group having the capability to
engage in such attacks.
(g) Bioterrorism Initiative.--The evaluation of the need for a
Department of Defense bioterrorism initiative under subsection (b)(5)
shall include a discussion that identifies and evaluates options for
potential action in such an initiative, as follows:
(1) Planning, training, exercise, evaluation, and
funding.--Options for--
(A) refining the plans of the Department of Defense
for biodefense to include participation of other
departments and agencies of the United States and State
and local governments;
(B) increasing biodefense training, exercises, and
readiness evaluations by the Department of Defense,
including training, exercises, and evaluations that
include participation of other departments and agencies
of the United States and State and local governments;
(C) increasing Department of Defense funding for
biodefense; and
(D) integrating other departments and agencies of
the United States and State and local governments into
the plans, training, exercises, evaluations, and
resourcing.
(2) Disease surveillance.--Options for the Department of
Defense to develop an integrated disease surveillance detection
system and to improve systems for communicating information and
warnings of the incidence of disease to recipients within the
Department of Defense and to other departments and agencies of
the United States and State and local governments.
(3) Emergency management standard.--Options for broadening
the scope of the Revised Emergency Management Standard of the
Joint Commission on Accreditation of Healthcare Organizations
by including the broad and active participation of Federal,
State, and local governmental agencies that are expected to
respond in any event of a CBRNE or cyber attack.
(4) Laboratory response network.--Options for the
Department of Defense--
(A) to participate in the laboratory response
network for bioterrorism; and
(B) to increase the capacity of Department of
Defense laboratories rated by the Secretary of Defense
as level D laboratories to facilitate participation in
the network.
(h) Chemical Biological Incident Response Teams.--The evaluation of
the need for and feasibility of developing and fielding Department of
Defense regional chemical biological incident response teams under
subsection (b)(6) shall include a discussion and evaluation of the
following options:
(1) Regional teams.--Options for the Department of Defense,
using the chemical biological incident response force as a
model, to develop, equip, train, and provide transportation for
five United States based, strategically located, regional
chemical biological incident response teams.
(2) Resourcing.--Options and preferred methods for
providing the resources and personnel necessary for developing
and fielding any such teams.
(i) Definitions.--In this section:
(1) CBRNE.--The term ``CBRNE'' means chemical, biological,
radiological, nuclear, or explosive.
(2) Weapon of mass destruction.--The term ``weapon of mass
destruction'' has the meaning given such term in section 1403
of the Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2302).
SEC. 1045. STRATEGY FOR IMPROVING PREPAREDNESS OF MILITARY
INSTALLATIONS FOR INCIDENTS INVOLVING WEAPONS OF MASS
DESTRUCTION.
(a) Comprehensive Plan.--The Secretary of Defense shall develop a
comprehensive plan for improving the preparedness of military
installations for preventing and responding to incidents involving use
or threat of use of weapons of mass destruction.
(b) Content.--The comprehensive plan shall set forth the following:
(1) A strategy that--
(A) identifies--
(i) long-term goals and objectives;
(ii) resource requirements; and
(iii) factors beyond the control of the
Secretary that could impede the achievement of
the goals and objectives; and
(B) includes a discussion of--
(i) the extent to which local, regional, or
national military response capabilities are to
be developed and used; and
(ii) how the Secretary will coordinate
these capabilities with local, regional, or
national civilian capabilities.
(2) A performance plan that--
(A) provides a reasonable schedule, with
milestones, for achieving the goals and objectives of
the strategy;
(B) performance criteria for measuring progress in
achieving the goals and objectives;
(C) a description of the process, together with a
discussion of the resources, necessary to achieve the
goals and objectives;
(D) a description of the process for evaluating
results.
(c) Submittal to Congress.--The Secretary shall submit the
comprehensive plan to the Committees on Armed Services of the Senate
and the House of Representatives not later than 180 days after the date
of the enactment of this Act.
(d) Comptroller General Review and Report.--Not later than 60 days
after the Secretary submits the comprehensive plan to Congress under
subsection (c), the Comptroller General shall review the plan and
submit an assessment of the plan to the committees referred to in that
subsection.
(e) Annual Report.--(1) In each of 2004, 2005, and 2006, the
Secretary of Defense shall include a report on the comprehensive plan
in the materials that the Secretary submits to Congress in support of
the budget submitted by the President such year pursuant to section
1105(a) of title 31, United States Code.
(2) The report shall include--
(A) a discussion of any revision that the Secretary has
made in the comprehensive plan since the last report; and
(B) an assessment of the progress made in achieving the
goals and objectives of the strategy set forth in the plan.
(3) No report is required under this subsection after the Secretary
submits under this subsection a report containing a declaration that
the goals and objectives set forth in the strategy have been achieved.
Subtitle E--Other Matters
SEC. 1061. CONTINUED APPLICABILITY OF EXPIRING GOVERNMENTWIDE
INFORMATION SECURITY REQUIREMENTS TO THE DEPARTMENT OF
DEFENSE.
(a) In General.--Chapter 131 of title 10, United States Code, is
amended by inserting after section 2224 the following new section:
``Sec. 2224a. Information security: continued applicability of expiring
Governmentwide requirements to the Department of Defense
``(a) In General.--The provisions of subchapter II of chapter 35 of
title 44 shall continue to apply with respect to the Department of
Defense, notwithstanding the expiration of authority under section 3536
of such title.
``(b) Responsibilities.--In administering the provisions of
subchapter II of chapter 35 of title 44 with respect to the Department
of Defense after the expiration of authority under section 3536 of such
title, the Secretary of Defense shall perform the duties set forth in
that subchapter for the Director of the Office of Management and
Budget.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2224 the following new item:
``2224a. Information security: continued applicability of expiring
Governmentwide requirements to the
Department of Defense.''.
SEC. 1062. ACCEPTANCE OF VOLUNTARY SERVICES OF PROCTORS FOR
ADMINISTRATION OF ARMED SERVICES VOCATIONAL APTITUDE
BATTERY.
Section 1588(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(6) Voluntary services as a proctor for the
administration of the Armed Services Vocational Aptitude
Battery.''.
SEC. 1063. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO SELL
AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL
SPILLS.
(a) Four-Year Extension.--Subsection (a)(1) of section 740 of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
(Public Law 106-181; 114 Stat. 173; 10 U.S.C. 2576 note) is amended by
striking ``September 30, 2002'' and inserting ``September 30, 2006''.
(b) Additional Report.--Subsection (f) of such section is amended
by striking ``March 31, 2002'' and inserting ``March 31, 2006''.
SEC. 1064. AMENDMENTS TO IMPACT AID PROGRAM.
(a) Eligibility for Heavily Impacted Local Educational Agencies
Affected by Privatization of Military Housing.--Section 8003(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)) is amended by adding at the end the following:
``(H) Eligibility for heavily impacted local
educational agencies affected by privatization of
military housing.--
``(i) In general.--For any fiscal year
beginning with fiscal year 2003, a heavily
impacted local educational agency that received
a basic support payment under subparagraph (A)
for the prior fiscal year, but is ineligible
for such payment for the current fiscal year
under subparagraph (B) or (C), as the case may
be, by reason of the conversion of military
housing units to private housing described in
clause (ii), shall be deemed to meet the
eligibility requirements under subparagraph (B)
or (C), as the case may be, for the period
during which the housing units are undergoing
such conversion, and shall be paid under the
same provisions of subparagraph (D) or (E) as
the agency was paid in the prior fiscal year.
``(ii) Conversion of military housing units
to private housing described.--For purposes of
clause (i), `conversion of military housing
units to private housing' means the conversion
of military housing units to private housing
units pursuant to subchapter IV of chapter 169
of title 10, United States Code, or pursuant to
any other related provision of law.''.
(b) Coterminous Military School Districts.--Section 8003(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is
amended by adding at the end the following:
``(6) Coterminous military school districts.--For purposes
of computing the amount of a payment for a local educational
agency for children described in paragraph (1)(D)(i), the
Secretary shall consider such children to be children described
in paragraph (1)(B) if the agency is a local educational agency
whose boundaries are the same as a Federal military
installation.''.
SEC. 1065. DISCLOSURE OF INFORMATION ON SHIPBOARD HAZARD AND DEFENSE
PROJECT TO DEPARTMENT OF VETERANS AFFAIRS.
(a) Plan for Disclosure of Information.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress and the Secretary of Veterans Affairs a
comprehensive plan for the review, declassification, and submittal to
the Department of Veterans Affairs of all medical records and
information of the Department of Defense on the Shipboard Hazard and
Defense (SHAD) project of the Navy that are relevant to the provision
of benefits by the Secretary of Veterans Affairs to members of the
Armed Forces who participated in that project.
(b) Plan Requirements.--(1) The records and information covered by
the plan under subsection (a) shall be the records and information
necessary to permit the identification of members of the Armed Forces
who were or may have been exposed to chemical or biological agents as a
result of the Shipboard Hazard and Defense project.
(2) The plan shall provide for completion of all activities
contemplated by the plan not later than one year after the date of the
enactment of this Act.
(c) Reports on Implementation.--(1) Not later than 90 days after
the date of the enactment of this Act, and every 90 days thereafter
until completion of all activities contemplated by the plan under
subsection (a), the Secretary of Defense shall submit to Congress and
the Secretary of Veterans Affairs a report on progress in the
implementation of the plan during the 90-day period ending on the date
of such report.
(2) Each report under paragraph (1) shall include, for the period
covered by such report--
(A) the number of records reviewed;
(B) each test, if any, under the Shipboard Hazard and
Defense project identified during such review;
(C) for each test so identified--
(i) the test name;
(ii) the test objective;
(iii) the chemical or biological agent or agents
involved; and
(iv) the number of members of the Armed Forces, and
civilian personnel, potentially effected by such test;
and
(D) the extent of submittal of records and information to
the Secretary of Veterans Affairs under this section.
SEC. 1066. TRANSFER OF HISTORIC DF-9E PANTHER AIRCRAFT TO WOMEN
AIRFORCE SERVICE PILOTS MUSEUM.
(a) Authority to Convey.--The Secretary of the Navy may convey,
without consideration, to the Women Airforce Service Pilots Museum in
Quartzsite, Arizona (in this section referred to as the ``W.A.S.P.
museum''), all right, title, and interest of the United States in and
to a DF-9E Panther aircraft (Bureau Number 125316). The conveyance
shall be made by means of a conditional deed of gift.
(b) Condition of Aircraft.--The aircraft shall be conveyed under
subsection (a) in ``as is'' condition. The Secretary is not required to
repair or alter the condition of the aircraft before conveying
ownership of the aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary shall
include in the instrument of conveyance of the aircraft under
subsection (a)--
(1) a condition that the W.A.S.P. museum not convey any
ownership interest in, or transfer possession of, the aircraft
to any other party without the prior approval of the Secretary;
and
(2) a condition that if the Secretary determines at any
time that the W.A.S.P. museum has conveyed an ownership
interest in, or transferred possession of, the aircraft to any
other party without the prior approval of the Secretary, all
right, title, and interest in and to the aircraft, including
any repair or alteration of the aircraft, shall revert to the
United States, and the United States shall have the right of
immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The conveyance of
the aircraft under subsection (a) shall be made at no cost to the
United States. Any costs associated with the conveyance, costs of
determining compliance with subsection (b), and costs of operation and
maintenance of the aircraft conveyed shall be borne by the W.A.S.P.
museum.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 1067. REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.
(a) Authority.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 127a the following new section:
``Sec. 127b. Rewards for assistance in combating terrorism
``(a) Authority.--The Secretary of Defense may pay a monetary
reward to a person for providing United States personnel with
information or nonlethal assistance that is beneficial to--
``(1) an operation of the armed forces conducted outside
the United States against international terrorism; or
``(2) force protection of the armed forces.
``(b) Maximum Amount.--The amount of a reward paid to a recipient
under this section may not exceed $200,000.
``(c) Delegation to Commander of Combatant Command.--(1) The
Secretary of Defense may delegate to the commander of a combatant
command authority to pay a reward under this section in an amount not
in excess of $50,000.
``(2) A commander to whom authority to pay rewards is delegated
under paragraph (1) may further delegate authority to pay a reward
under this section in an amount not in excess of $2,500.
``(c) Coordination.--(1) The Secretary of Defense, in consultation
with the Secretary of State and the Attorney General, shall prescribe
policies and procedures for offering and paying rewards under this
section, and otherwise for administering the authority under this
section, that ensure that the payment of a reward under this section
does not duplicate or interfere with the payment of a reward authorized
by the Secretary of State or the Attorney General.
``(2) The Secretary of Defense shall coordinate with the Secretary
of State regarding any payment of a reward in excess of $100,000 under
this section.
``(d) Persons Not Eligible.--The following persons are not eligible
to receive an award under this section:
``(1) A citizen of the United States.
``(2) An employee of the United States.
``(3) An employee of a contractor of the United States.
``(e) Annual Report.--(1) Not later than 60 days after the end of
each fiscal year, the Secretary of Defense shall submit to the
Committees on Armed Services and the Committees on Appropriations of
the Senate and the House of Representatives a report on the
administration of the rewards program during that fiscal year.
``(2) The report for a fiscal year shall include information on the
total amount expended during that fiscal year to carry out this
section, including--
``(A) a specification of the amount, if any, expended to
publicize the availability of rewards; and
``(B) with respect to each award paid during that fiscal
year--
``(i) the amount of the reward;
``(ii) the recipient of the reward; and
``(iii) a description of the information or
assistance for which the reward was paid, together with
an assessment of the significance of the information or
assistance.
``(3) The Secretary may submit the report in classified form if the
Secretary determines that it is necessary to do so.
``(f) Determinations by the Secretary.--A determination by the
Secretary under this section shall be final and conclusive and shall
not be subject to judicial review.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
127a the following new item:
``127b. Rewards for assistance in combating terrorism.''.
SEC. 1068. PROVISION OF SPACE AND SERVICES TO MILITARY WELFARE
SOCIETIES.
(a) Authority To Provide Space and Services.--Chapter 152 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 2566. Space and services: provision to military welfare
societies
``(a) Authority To Provide Space and Services.--The Secretary of a
military department may provide, without charge, space and services
under the jurisdiction of that Secretary to a military welfare society.
``(b) Definitions.--In this section:
``(1) The term `military welfare society' means the
following:
``(A) The Army Emergency Relief Society.
``(B) The Navy-Marine Corps Relief Society.
``(C) The Air Force Aid Society, Inc.
``(2) The term `services' includes lighting, heating,
cooling, electricity, office furniture, office machines and
equipment, telephone and other information technology services
(including installation of lines and equipment, connectivity,
and other associated services), and security systems (including
installation and other associated expenses).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2566. Space and services: provision to military welfare societies.''.
SEC. 1069. COMMENDATION OF MILITARY CHAPLAINS.
(a) Findings.--Congress finds the following:
(1) Military chaplains have served with those who fought
for the cause of freedom since the founding of the Nation.
(2) Military chaplains and religious support personnel of
the Armed Forces have served with distinction as uniformed
members of the Armed Forces in support of the Nation's defense
missions during every conflict in the history of the United
States.
(3) 400 United States military chaplains have died in
combat, some as a result of direct fire while ministering to
fallen Americans, while others made the ultimate sacrifice as a
prisoner of war.
(4) Military chaplains currently serve in humanitarian
operations, rotational deployments, and in the war on
terrorism.
(5) Religious organizations make up the very fabric of
religious diversity and represent unparalleled levels of
freedom of conscience, speech, and worship that set the United
States apart from any other nation on Earth.
(6) Religious organizations have richly blessed the
uniformed services by sending clergy to comfort and encourage
all persons of faith in the Armed Forces.
(7) During the sinking of the USS Dorchester in February
1943 during World War II, four chaplains (Reverend Fox,
Reverend Poling, Father Washington, and Rabbi Goode) gave their
lives so that others might live.
(8) All military chaplains aid and assist members of the
Armed Forces and their family members with the challenging
issues of today's world.
(9) The current war against terrorism has brought to the
shores of the United States new threats and concerns that
strike at the beliefs and emotions of Americans.
(10) Military chaplains must, as never before, deal with
the spiritual well-being of the members of the Armed Forces and
their families.
(b) Commendation.--Congress, on behalf of the Nation, expresses its
appreciation for the outstanding contribution that all military
chaplains make to the members of the Armed Forces and their families.
(c) Presidential Proclamation.--The President is authorized and
requested to issue a proclamation calling on the people of the United
States to recognize the distinguished service of the Nation's military
chaplains.
SEC. 1070. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS ASSOCIATION,
INCORPORATED.
(a) Grant of Charter.--Part B of subtitle II of title 36, United
States Code, is amended--
(1) by striking the following:
``CHAPTER 1201--[RESERVED]''; and
(2) by inserting the following:
``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED
``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``Sec. 120101. Organization
``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'), incorporated in the
State of New York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with the provisions of this chapter, the charter granted by subsection
(a) expires.
``Sec. 120102. Purposes
``The purposes of the corporation are as provided in its articles
of incorporation and include--
``(1) organizing, promoting, and maintaining for benevolent
and charitable purposes an association of persons who have seen
honorable service in the Armed Forces during the Korean War,
and of certain other persons;
``(2) providing a means of contact and communication among
members of the corporation;
``(3) promoting the establishment of, and establishing, war
and other memorials commemorative of persons who served in the
Armed Forces during the Korean War; and
``(4) aiding needy members of the corporation, their wives
and children, and the widows and children of persons who were
members of the corporation at the time of their death.
``Sec. 120103. Membership
``Eligibility for membership in the corporation, and the rights and
privileges of members of the corporation, are as provided in the bylaws
of the corporation.
``Sec. 120104. Governing body
``(a) Board of Directors.--The board of directors of the
corporation, and the responsibilities of the board of directors, are as
provided in the articles of incorporation of the corporation.
``(b) Officers.--The officers of the corporation, and the election
of the officers of the corporation, are as provided in the articles of
incorporation.
``Sec. 120105. Powers
``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 120106. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director or
officer of the corporation as such, may not contribute to, support, or
participate in any political activity or in any manner attempt to
influence legislation.
``(c) Loan.--The corporation may not make a loan to a director,
officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval, or the authority of the United
States, for any of its activities.
``Sec. 120107. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 120108. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters relating to
the corporation, or an agent or attorney of the member, may inspect the
records of the corporation for any proper purpose, at any reasonable
time.
``Sec. 120109. Service of process
``The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to
or service on the agent is notice to or service on the Corporation.
``Sec. 120110. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 120111. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the preceding fiscal year. The
report shall be submitted at the same time as the report of the audit
required by section 10101 of this title. The report may not be printed
as a public document.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 36, United States Code, is amended by striking the
item relating to chapter 1201 and inserting the following new item:
``1201. Korean War Veterans Association, Incorporated....... 120101''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
SEC. 1101. EXTENSION OF AUTHORITY TO PAY SEVERANCE PAY IN A LUMP SUM.
Section 5595(i)(4) of title 5, United States Code, is amended by
striking ``October 1, 2003'' and inserting ``October 1, 2006''.
SEC. 1102. EXTENSION OF VOLUNTARY SEPARATION INCENTIVE PAY AUTHORITY.
Section 5597(e) of title 5, United States Code, is amended by
striking ``September 30, 2003'' and inserting ``September 30, 2006''.
SEC. 1103. EXTENSION OF COST-SHARING AUTHORITY FOR CONTINUED FEHBP
COVERAGE OF CERTAIN PERSONS AFTER SEPARATION FROM
EMPLOYMENT.
Section 8905a(d)(4)(B) of title 5, United States Code, is amended--
(1) by striking ``October 1, 2003'' both places it appears
and inserting ``October 1, 2006''; and
(2) by striking ``February 1, 2004'' in clause (ii) and
inserting ``February 1, 2007''.
SEC. 1104. ELIGIBILITY OF NONAPPROPRIATED FUNDS EMPLOYEES TO
PARTICIPATE IN THE FEDERAL EMPLOYEES LONG-TERM CARE
INSURANCE PROGRAM.
Section 9001(1) of title 5, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the comma at the end of subparagraph (C)
and inserting ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) an employee paid from nonappropriated funds
referred to in section 2105(c) of this title;''.
SEC. 1105. INCREASED MAXIMUM PERIOD OF APPOINTMENT UNDER THE
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND
TECHNICAL PERSONNEL.
Section 1101(c)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2140; 5 U.S.C. 3104 note) is amended by striking ``4 years'' and
inserting ``5 years''.
SEC. 1106. QUALIFICATION REQUIREMENTS FOR EMPLOYMENT IN DEPARTMENT OF
DEFENSE PROFESSIONAL ACCOUNTING POSITIONS.
(a) Professional Certification.--The Secretary of Defense may
prescribe regulations that require a person employed in a professional
accounting position within the Department of Defense to be a certified
public accountant and that apply the requirement to all such positions
or to selected positions, as the Secretary considers appropriate.
(b) Waivers and Exemptions.--(1) The Secretary may include in the
regulations imposing a requirement under subsection (a), as the
Secretary considers appropriate--
(A) any exemption from the requirement; and
(B) authority to waive the requirement.
(2) The Secretary shall include in the regulations an exemption for
persons employed in positions covered by the requirement before the
date of the enactment of this Act.
(c) Exclusive Authority.--No requirement imposed under subsection
(a), and no waiver or exemption provided in the regulations pursuant to
subsection (b), shall be subject to review or approval by the Office of
Personnel Management.
(d) Definition.--For the purposes of this section, the term
``professional accounting position'' means a position in the GS-510,
GS-511, or GS-505 series for which professional accounting duties are
prescribed.
(e) Effective Date.--This section shall take effect 120 days after
the date of the enactment of this Act.
SEC. 1107. HOUSING BENEFITS FOR UNACCOMPANIED TEACHERS REQUIRED TO LIVE
AT GUANTANAMO BAY NAVAL STATION, CUBA.
Section 7(b) of the Defense Department Overseas Teachers Pay and
Personnel Practices Act (20 U.S.C. 905(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A teacher assigned to teach at Guantanamo Bay Naval
Station, Cuba, who is not accompanied at such station by any
dependent--
``(i) shall be offered for lease any available military
family housing at such station that is suitable for occupancy
by the teacher and is not needed to house members of the armed
forces and dependents accompanying them or other civilian
personnel and any dependents accompanying them; and
``(ii) for any period for which such housing is leased to
the teacher, shall receive a quarters allowance in the amount
determined under paragraph (1).
``(B) A teacher is entitled to the quarters allowance in accordance
with subparagraph (A)(ii) without regard to whether other Government
furnished quarters are available for occupancy by the teacher without
charge to the teacher.''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Cooperative Threat Reduction With States of the Former
Soviet Union
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2003 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2003 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1202. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $416,700,000 authorized
to be appropriated to the Department of Defense for fiscal year 2003 in
section 301(a)(23) for Cooperative Threat Reduction programs, not more
than the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$70,500,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,500,000.
(3) For weapons of mass destruction infrastructure
elimination in Ukraine, $8,800,000.
(4) For weapons of mass destruction infrastructure
elimination in Kazakhstan, $9,000,000.
(5) For weapons transportation security in Russia,
$19,700,000.
(6) For weapons storage security in Russia, $40,000,000.
(7) For weapons of mass destruction proliferation
prevention in the former Soviet Union, $40,000,000.
(8) For biological weapons proliferation prevention
activities in the former Soviet Union, $55,000,000.
(9) For chemical weapons destruction in Russia,
$133,600,000.
(10) For activities designated as Other Assessments/
Administrative Support, $14,700,000.
(11) For defense and military contacts, $18,900,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2003 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (11) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2003 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraph (2), in any case in which the Secretary of Defense determines
that it is necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2003 for a purpose
listed in any of the paragraphs in subsection (a) in excess of the
amount specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount
authorized for such purpose may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1203. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION FUNDS
FOR PROJECTS AND ACTIVITIES OUTSIDE THE FORMER SOVIET
UNION.
(a) Cooperative Threat Reduction Programs and Funds.--For purposes
of this section:
(1) Cooperative Threat Reduction programs are--
(A) the programs specified in section 1501(b) of
the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C.
2362 note); and
(B) any other similar programs, as designated by
the Secretary of Defense, to address critical emerging
proliferation threats in the states of the former
Soviet Union that jeopardize United States national
security.
(2) Cooperative Threat Reduction funds, for a fiscal year,
are the funds authorized to be appropriated for Cooperative
Threat Reduction programs for that fiscal year.
(b) Authorization of Use of CTR Funds for Threat Reduction
Activities Outside the Former Soviet Union.--(1) Notwithstanding any
other provision of law and subject to the succeeding provisions of this
section, the Secretary of Defense may obligate and expend Cooperative
Threat Reduction funds for fiscal year 2003, or Cooperative Threat
Reduction funds for a fiscal year before fiscal year 2003 that remain
available for obligation as of the date of the enactment of this Act,
for proliferation threat reduction projects and activities outside the
states of the former Soviet Union if the Secretary determines that such
projects and activities will--
(A) assist the United States in the resolution of critical
emerging proliferation threats; or
(B) permit the United States to take advantage of
opportunities to achieve long-standing United States
nonproliferation goals.
(2) The amount that may be obligated under paragraph (1) in any
fiscal year for projects and activities described in that paragraph may
not exceed $50,000,000.
(c) Authorized Uses of Funds.--The authority under subsection (b)
to obligate and expend Cooperative Threat Reduction funds for a project
or activity includes authority to provide equipment, goods, and
services for the project or activity, but does not include authority to
provide cash directly to the project or activity.
(d) Source and Replacement of Funds Used.--(1) The Secretary shall,
to the maximum extent practicable, ensure that funds for projects and
activities under subsection (b) are derived from funds that would
otherwise be obligated for a range of Cooperative Threat Reduction
programs, so that no particular Cooperative Threat Reduction program is
the exclusive or predominant source of funds for such projects and
activities.
(2) If the Secretary obligates Cooperative Threat Reduction funds
under subsection (b) in a fiscal year, the first budget of the
President that is submitted under section 1105(a) of title 31, United
States Code, after such fiscal year shall set forth, in addition to any
other amounts requested for Cooperative Threat Reduction programs in
the fiscal year covered by such budget, a request for Cooperative
Threat Reduction funds in the fiscal year covered by such budget in an
amount equal to the amount so obligated. The request shall also set
forth the Cooperative Threat Reduction program or programs for which
such funds would otherwise have been obligated, but for obligation
under subsection (b).
(3) Amounts authorized to be appropriated pursuant to a request
under paragraph (2) shall be available for the Cooperative Threat
Reduction program or programs set forth in the request under the second
sentence of that paragraph.
(e) Limitation on Obligation of Funds.--Except as provided in
subsection (f), the Secretary may not obligate and expend Cooperative
Threat Reduction funds for a project or activity under subsection (b)
until 30 days after the date on which the Secretary submits to the
congressional defense committees a report on the purpose for which the
funds will be obligated and expended, and the amount of the funds to be
obligated and expended.
(f) Exception.--(1) The Secretary may obligate and expend
Cooperative Threat Reduction funds for a project or activity under
subsection (b) without regard to subsection (e) if the Secretary
determines that a critical emerging proliferation threat warrants
immediate obligation and expenditure of such funds.
(2) Not later than 72 hours after first obligating funds for a
project or activity under paragraph (1), the Secretary shall submit to
the congressional defense committees a report containing a detailed
justification for the obligation of funds. The report on a project or
activity shall include the following:
(A) A description of the critical emerging proliferation
threat to be addressed, or the long-standing United States
nonproliferation goal to be achieved, by the project or
activity.
(B) A description of the agreement, if any, under which the
funds will be used, including whether or not the agreement
provides that the funds will not be used for purposes contrary
to the national security interests of the United States.
(C) A description of the contracting process, if any, that
will be used in the implementation of the project or activity.
(D) An analysis of the effect of the obligation of funds
for the project or activity on ongoing Cooperative Threat
Reduction programs.
(E) An analysis of the need for additional or follow-up
threat reduction assistance, including whether or not the need
for such assistance justifies the establishment of a new
cooperative threat reduction program or programs to account for
such assistance.
(F) A description of the mechanisms to be used by the
Secretary to assure that proper audits and examinations of the
project or activity are carried out.
(g) Report on Establishment of New Cooperative Threat Reduction
Programs.--(1) If the Secretary employs the authority in subsection (b)
in any two fiscal years, the Secretary shall submit to Congress a
report on the advisability of establishing one or more new cooperative
threat reduction programs to account for projects and activities funded
using such authority.
(2) The report required by paragraph (1) shall be submitted along
with the budget justification materials in support of the Department of
Defense budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) in the first budget
submitted after the end of the two consecutive fiscal years referred to
in that paragraph.
SEC. 1204. WAIVER OF LIMITATIONS ON ASSISTANCE UNDER PROGRAMS TO
FACILITATE COOPERATIVE THREAT REDUCTION AND
NONPROLIFERATION.
(a) Assistance Under Cooperative Threat Reduction Act of 1993.--
Section 1203 of the Cooperative Threat Reduction Act of 1993 (title XII
of Public Law 103-160; 107 Stat. 1778; 22 U.S.C. 5952) is amended by
adding at the end the following new subsection:
``(e) Waiver of Restrictions.--(1) The restrictions in subsection
(d) shall cease to apply to a state for a year if the President submits
to the Speaker of the House of Representative and the President pro
tempore of the Senate a written certification that the waiver of such
restrictions in such year is important to the national security
interests of the United States, together with a report containing the
following:
``(A) A description of the activity or activities that
prevent the President from certifying that the state is
committed to the matters set forth in subsection (d) in such
year as otherwise provided for in that subsection.
``(B) A description of the strategy, plan, or policy of the
President for promoting the commitment of the state to such
matters, notwithstanding the waiver.
``(2) The matter included in the report under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.''.
(b) Administration of Restrictions on Assistance.--Subsection (d)
of that section is amended--
(1) by striking ``any year'' and inserting ``any fiscal
year''; and
(2) by striking ``that year'' and inserting ``such fiscal
year''.
(c) Eligibility Requirements under FREEDOM Support Act.--Section
502 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3338; 22
U.S.C. 5852) is amended--
(1) by striking ``Funds'' and inserting ``(a)
Eligibility.--Except as provided in subsection (b), funds'';
and
(2) by adding at the end the following new subsection:
``(b) Waiver of Eligibility Requirements.--(1) Funds may be
obligated for a fiscal year under subsection (a) for assistance or
other programs and activities for an independent state of the former
Soviet Union that does not meet one or more of the requirements for
eligibility under paragraphs (1) through (4) of that subsection if the
President certifies in writing to the Congress that the waiver of such
requirements in such fiscal year is important to the national security
interests of the United States.
``(2) At the time of the exercise of the authority in paragraph (1)
with respect to an independent state of the former Soviet Union for a
fiscal year, the President shall submit to the congressional defense
committees a report on the following:
``(A) A description of the activity or activities that
prevent the President from certifying that the state is
committed to each matter in subsection (a) in such fiscal year
to which the waiver under paragraph (1) applies.
``(B) A description of the strategy, plan, or policy of the
President for promoting the commitment of the state to each
such matter, notwithstanding the waiver.
``(3) In this subsection, the term `congressional defense
committees' means--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2002.
SEC. 1205. RUSSIAN TACTICAL NUCLEAR WEAPONS.
(a) Findings.--The Congress makes the following findings:
(1) Al Qaeda and other terrorist organizations, in addition
to rogue states, are known to be working to acquire weapons of
mass destruction, and particularly nuclear warheads.
(2) The largest and least secure potential source of
nuclear warheads for terrorists or rogue states is Russia's
arsenal of nonstrategic or ``tactical'' nuclear warheads, which
according to unclassified estimates numbers from 7,000 to
12,000 warheads. Security at Russian nuclear weapon storage
sites is insufficient, and tactical nuclear warheads are more
vulnerable to terrorist or rogue state acquisition due to their
smaller size, greater portability, and greater numbers compared
to Russian strategic nuclear weapons.
(3) Russia's tactical nuclear warheads were not covered by
the START treaties or the recent Moscow Treaty. Russia is not
legally bound to reduce its tactical nuclear stockpile and the
United States has no inspection rights regarding Russia's
tactical nuclear arsenal.
(b) Sense of the Senate.--(1) One of the most likely nuclear weapon
attack scenarios against the United States would involve detonation of
a stolen Russian tactical nuclear warhead smuggled into the country.
(2) It is a top national security priority of the United States to
accelerate efforts to account for, secure, and reduce Russia's
stockpile of tactical nuclear warheads and associated fissile material.
(3) This imminent threat warrants a special nonproliferation
initiative.
(c) Report.--Not later than 30 days after enactment of this Act,
the President shall report to Congress on efforts to reduce the
particular threats associated with Russia's tactical nuclear arsenal
and the outlines of a special initiative related to reducing the threat
from Russia's tactical nuclear stockpile.
Subtitle B--Other Matters
SEC. 1211. ADMINISTRATIVE SUPPORT AND SERVICES FOR COALITION LIAISON
OFFICERS.
(a) Authority.--Chapter 6 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 169. Administrative support and services for coalition liaison
officers
``(a) Authority.--The Secretary of Defense may provide
administrative services and support for the performance of duties by
any liaison officer of another nation involved in a coalition while the
liaison officer is assigned temporarily to the headquarters of a
combatant command, component command, or subordinate operational
command of the United States in connection with the planning for or
conduct of a coalition operation.
``(b) Travel, Subsistence, and Other Expenses.--The Secretary may
pay the travel, subsistence, and similar personal expenses of a liaison
officer of a developing country in connection with the assignment of
that liaison officer to the headquarters of a combatant command as
described in subsection (a) if the assignment is requested by the
commander of the combatant command.
``(c) Reimbursement.--To the extent that the Secretary determines
appropriate, the Secretary may provide the services and support
authorized under subsections (a) and (b) with or without reimbursement
from (or on behalf of) the recipients.
``(d) Definitions.--In this section:
``(1) The term `administrative services and support'
includes base or installation support services, office space,
utilities, copying services, fire and police protection, and
computer support.
``(2) The term `coalition' means an ad hoc arrangement
between or among the United States and one or more other
nations for common action.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 6 is amended by adding at the end the following new item:
``169. Administrative support and services for coalition liaison
officers.''.
SEC. 1212. USE OF WARSAW INITIATIVE FUNDS FOR TRAVEL OF OFFICIALS FROM
PARTNER COUNTRIES.
Section 1051(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of defense personnel of a country that is
participating in the Partnership for Peace program of the North
Atlantic Treaty Organization (NATO), expenses authorized to be paid
under subsection (a) may be paid in connection with travel of personnel
to the territory of any of the countries participating in the
Partnership for Peace program or of any of the NATO member
countries.''.
SEC. 1213. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2003.--The
total amount of the assistance for fiscal year 2003 that is provided by
the Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f)
of section 1505 of the Weapons of Mass Destruction Control Act of 1992
(22 U.S.C. 5859a) is amended by striking ``2002'' and inserting
``2003''.
SEC. 1214. ARCTIC AND WESTERN PACIFIC ENVIRONMENTAL COOPERATION
PROGRAM.
(a) In General.--(1) Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2350m. Arctic and Western Pacific Environmental Cooperation
Program
``(a) Authority To Conduct Program.--The Secretary of Defense may,
with the concurrence of the Secretary of State, conduct on a
cooperative basis with countries located in the Arctic and Western
Pacific regions a program of environmental activities provided for in
subsection (b) in such regions. The program shall be known as the
`Arctic and Western Pacific Environmental Cooperation Program'.
``(b) Program Activities.--(1) Except as provided in paragraph (2),
activities under the program under subsection (a) may include
cooperation and assistance on environmental matters in the Arctic and
Western Pacific regions among elements of the Department of Defense and
the military departments or agencies of countries located in such
regions.
``(2) Activities under the program may not include activities
relating to the following:
``(A) The conduct of any peacekeeping exercise or other
peacekeeping-related activity with the Russian Federation.
``(B) The provision of housing.
``(C) The provision of assistance to promote environmental
restoration.
``(D) The provision of assistance to promote job
retraining.
``(c) Limitation on Funding for Projects Other than Radiological
Projects.--Not more than 20 percent of the amount made available for
the program under subsection (a) in any fiscal year may be available
for projects under the program other than projects on radiological
matters.
``(d) Annual Report.--(1) Not later than March 1, 2003, and each
year thereafter, the Secretary of Defense shall submit to Congress a
report on activities under the program under subsection (a) during the
preceding fiscal year.
``(2) The report on the program for a fiscal year under paragraph
(1) shall include the following:
``(A) A description of the activities carried out under the
program during that fiscal year, including a separate
description of each project under the program.
``(B) A statement of the amounts obligated and expended for
the program during that fiscal year, set forth in aggregate and
by project.
``(C) A statement of the life cycle costs of each project,
including the life cycle costs of such project as of the end of
that fiscal year and an estimate of the total life cycle costs
of such project upon completion of such project.
``(D) A statement of the participants in the activities
carried out under the program during that fiscal year,
including the elements of the Department of Defense and the
military departments or agencies of other countries.
``(E) A description of the contributions of the military
departments and agencies of other countries to the activities
carried out under the program during that fiscal year,
including any financial or other contributions to such
activities.''.
(2) The table of sections at the beginning of that subchapter is
amended by adding at the end the following new item:
``2350m. Arctic and Western Pacific Environmental Cooperation
Program.''.
(b) Repeal of Superseded Authority on Arctic Military Cooperation
Program.--Section 327 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1965) is repealed.
SEC. 1215. DEPARTMENT OF DEFENSE HIV/AIDS PREVENTION ASSISTANCE
PROGRAM.
(a) Expansion of Program.--The Secretary of Defense is authorized
to expand, in accordance with this section, the Department of Defense
program of HIV/AIDS prevention educational activities undertaken in
connection with the conduct of United States military training,
exercises, and humanitarian assistance in sub-Saharan African
countries.
(b) Eligible Countries.--The Secretary may carry out the program in
all eligible countries. A country shall be eligible for activities
under the program if the country--
(1) is a country suffering a public health crisis (as
defined in subsection (e)); and
(2) participates in the military-to-military contacts
program of the Department of Defense.
(c) Program Activities.--The Secretary shall provide for the
activities under the program--
(1) to focus, to the extent possible, on military units
that participate in peace keeping operations; and
(2) to include HIV/AIDS-related voluntary counseling and
testing and HIV/AIDS-related surveillance.
(d) Authorization of Appropriations.--
(1) In general.--Of the amount authorized to be
appropriated by section 301(a)(22) to the Department of Defense
for operation and maintenance of the Defense Health Program,
$30,000,000 may be available for carrying out the program
described in subsection (a) as expanded pursuant to this
section.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
(e) Country Suffering a Public Health Crisis Defined.--In this
section, the term ``country suffering a public health crisis'' means a
country that has rapidly rising rates of incidence of HIV/AIDS or in
which HIV/AIDS is causing significant family, community, or societal
disruption.
SEC. 1216. MONITORING IMPLEMENTATION OF THE 1979 UNITED STATES-CHINA
AGREEMENT ON COOPERATION IN SCIENCE AND TECHNOLOGY.
(a) Responsibilities of the Office of Science and Technology
Cooperation.--The Office of Science and Technology Cooperation of the
Department of State shall monitor the implementation of the 1979 United
States-China Agreement on Cooperation in Science and Technology and its
protocols (in this section referred to as the ``Agreement''), and keep
a systematic account of the protocols thereto. The Office shall
coordinate the activities of all agencies of the United States
Government that carry out cooperative activities under the Agreement.
(b) Guidelines.--The Secretary of State shall ensure that all
activities conducted under the Agreement and its protocols comply with
applicable laws and regulations concerning the transfer of militarily
sensitive and dual-use technologies.
(c) Reporting Requirement.--
(1) In general.--Not later than April 1, 2004, and every
two years thereafter, the Secretary of State, shall submit a
report to Congress, in both classified and unclassified form,
on the implementation of the Agreement and activities
thereunder.
(2) Report elements.--Each report under this subsection
shall provide an evaluation of the benefits of the Agreement to
the Chinese economy, military, and defense industrial base and
shall include the following:
(A) An accounting of all activities conducted under
the Agreement since the previous report, and a
projection of activities to be undertaken in the next
two years.
(B) An estimate of the costs to the United States
to administer the Agreement within the period covered
by the report.
(C) An assessment of how the Agreement has
influenced the policies of the People's Republic of
China toward scientific and technological cooperation
with the United States.
(D) An analysis of the involvement of Chinese
nuclear weapons and military missile specialists in the
activities of the Joint Commission.
(E) A determination of the extent to which the
activities conducted under the Agreement have enhanced
the military and industrial base of the People's
Republic of China, and an assessment of the impact of
projected activities for the next two years, including
transfers of technology, on China's economic and
military capabilities.
(F) Any recommendations on improving the monitoring
of the activities of the Commission by the Secretaries
of Defense and State.
(3) Consultation prior to submission of reports.--The
Secretary of State shall prepare the report in consultation
with the Secretaries of Commerce, Defense, and Energy, the
Directors of the National Science Foundation and the Federal
Bureau of Investigation, and the intelligence community.
Passed the Senate June 27, 2002.
Attest:
Secretary.
107th CONGRESS
2d Session
S. 2515
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2003 for military
activities of the Department of Defense, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes.