Bob Stump National Defense Authorization Act for Fiscal Year 2003
Public Law 107–314, as amended
Bob Stump National Defense Authorization Act for Fiscal Year 2003
314
119–60
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20240419
2026-01-16
Bob Stump National Defense Authorization Act for Fiscal Year 2003
Atomic Energy Defense Act
National Defense Authorization Act for Fiscal Year 2003
Military Construction Authorization Act for Fiscal Year 2003
10410
107
2002-12-02
Bob Stump National Defense Authorization Act for Fiscal Year 2003
[(Public Law 107–314, approved Dec. 2, 2002)]
[As Amended Through P.L. 119–60, Enacted December 18, 2025]
[Currency: This publication is a compilation of the text of Public Law 107–314. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SEC. 141.
[50 U.S.C. 1521a]

DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS.
(a)

Program Management.—
The Secretary of Defense shall ensure that the program for destruction of the United States stockpile of lethal chemical agents and munitions is managed as a major defense acquisition program (as defined in section 42011 of title 10, United States Code) in accordance with the essential elements of such programs as may be determined by the Secretary.
^1
Effective on January 1, 2022, section 141(a) provides for an amendment by section 1846(i)(6) of Public Law 116–283 by striking “section 2430” and inserting “section 4201”; however, such amendment could not be carried out in light of an identical amendment made by section 1702(k)(1) of division A of Public Law 117–81 that took effect on December 27, 2021.
(b)

Requirement for Under Secretary of Defense (Comptroller) Annual Certification.—
Beginning with respect to the budget request for fiscal year 2004, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees on an annual basis a certification that the budget request for the chemical agents and munitions destruction program has been submitted in accordance with the requirements of section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521).
TITLE III—

OPERATION AND MAINTENANCE
* * * * * * *
subtitle B—

Environmental Provisions
* * * * * * *
SEC. 314.
[10 U.S.C. 2302 note]

PROCUREMENT OF ENVIRONMENTALLY PREFERABLE PROCUREMENT ITEMS.
(a)

Tracking System.—
The Secretary of Defense shall develop and implement an effective and efficient tracking system to identify the extent to which the Defense Logistics Agency procures environmentally preferable procurement items or procurement items made with recovered material. The system shall provide for the separate tracking, to the maximum extent practicable, of the procurement of each category of procurement items that, as of the date of the enactment of this Act, has been determined to be environmentally preferable or made with recovered material.
(b)

Assessment of Training and Education.—
The Secretary of Defense shall assess the need to establish a program, or enhance existing programs, for training and educating Department of Defense procurement officials to ensure that they are aware of any Department requirements, preferences, or goals for the procurement of environmentally preferable procurement items or procurement items made with recovered material.
(c)

Reporting Requirement.—
Not later than March 1, 2004, and each March 1 thereafter through 2007, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing the results obtained from the tracking system developed under subsection (a).
(d)

Relation to Other Laws.—
Nothing in this section shall be construed to alter the requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(e)

Definitions.—
In this section:
(1)
The term “environmentally preferable”, in the case of a procurement item, means that the item has a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
(2)
The terms “procurement item” and “recovered material” have the meanings given such terms in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).
SEC. 315.
[16 U.S.C. 703 note]

INCIDENTAL TAKING OF MIGRATORY BIRDS DURING MILITARY READINESS ACTIVITIES.
(a)

Interim Authority for Incidental Takings.—
During the period described in subsection (c), section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) shall not apply to the incidental taking of a migratory bird by a member of the Armed Forces during a military readiness activity authorized by the Secretary of Defense or the Secretary of the military department concerned.
(b)

Identification of Measures to Minimize Impact of Activities.—
During the periods described in subsections (c) and (d), the Secretary of Defense shall, in consultation with the Secretary of the Interior, identify measures—
(1)
to minimize and mitigate, to the extent practicable, any adverse impacts of authorized military readiness activities on affected species of migratory birds; and
(2)
to monitor the impacts of such military readiness activities on affected species of migratory birds.
(c)

Period of Application for Interim Authority.—
The period described in this subsection is the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary of the Interior publishes in the Federal Register a notice that—
(1)
regulations authorizing the incidental taking of migratory birds by members of the Armed Forces have been prescribed in accordance with the requirements of subsection (d);
(2)
all legal challenges to the regulations and to the manner of their promulgation (if any) have been exhausted as provided in subsection (e); and
(3)
the regulations have taken effect.
(d)

Incidental Takings After Interim Period.—
(1)
Not later than the expiration of the one-year period beginning on the date of the enactment of this Act, the Secretary of the Interior shall exercise the authority of that Secretary under section 3(a) of the Migratory Bird Treaty Act (16 U.S.C. 704(a)) to prescribe regulations to exempt the Armed Forces for the incidental taking of migratory birds during military readiness activities authorized by the Secretary of Defense or the Secretary of the military department concerned.
(2)
The Secretary of the Interior shall exercise authority under paragraph (1) with the concurrence of the Secretary of Defense.
(e)

Limitation on Judicial Review.—
An action seeking judicial review of regulations prescribed pursuant to this section or of the manner of their promulgation must be filed in the appropriate Federal court by not later than the expiration of the 120-day period beginning on the date on which such regulations are published in the Federal Register. Upon the expiration of such period and the exhaustion of any legal challenges to the regulations pursuant to any action filed in such period, there shall be no further judicial review of such regulations or of the manner of their promulgation.
(f)

Military Readiness Activity.—
(1)
In this section the term “military readiness activity” includes—
(A)
all training and operations of the Armed Forces that relate to combat; and
(B)
the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.
(2)
The term does not include—
(A)
the routine operation of installation operating support functions, such as administrative offices, military exchanges, commissaries, water treatment facilities, storage facilities, schools, housing, motor pools, laundries, morale, welfare, and recreation activities, shops, and mess halls;
(B)
the operation of industrial activities; or
(C)
the construction or demolition of facilities used for a purpose described in subparagraph (A) or (B).
SEC. 332.

TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-GUARD FUNCTIONS TO MEET INCREASED REQUIREMENTS SINCE SEPTEMBER 11, 2001.
(a)

Contract Authority.—
The Secretary of Defense or the Secretary of a military department may enter into a contract for any increased performance of security-guard functions at a military installation or facility under the jurisdiction of the Secretary undertaken in response to the terrorist attacks on the United States on September 11, 2001, and may waive the prohibition under section 2465(a) of title 10, United States Code, with respect to such contract, if—
(1)
without the contract, members of the Armed Forces are or would be used to perform the increased security-guard functions; and
(2)
the Secretary concerned determines that—
(A)
the recruiting and training standards for the personnel who are to perform the security-guard functions at the installation or facility under the contract are comparable to the recruiting and training standards for the personnel of the Department of Defense who perform security-guard functions at military installations and facilities under the jurisdiction of the Secretary;
(B)
the contractor personnel performing such functions under the contract will be effectively supervised, reviewed, and evaluated; and
(C)
the performance of such functions by the contractor personnel will not result in a reduction in the security of the installation or facility.
(b)

Increased Performance Defined.—
In this section, the term “increased performance”, with respect to security-guard functions at a military installation or facility, means—
(1)
in the case of an installation or facility where no security-guard functions were performed as of September 10, 2001, the entire scope or extent of the performance of security-guard functions at the installation or facility after such date; and
(2)
in the case of an installation or facility where security-guard functions were performed within a lesser scope of requirements or to a lesser extent as of September 10, 2001, than after such date, the increment of the performance of security-guard functions at the installation or facility that exceeds such lesser scope of requirements or extent of performance.
(c)

Expiration of Authority.—
(1)
The authority for contractor performance of security-guard functions under this section shall terminate at the end of September 30, 2012.
(2)
No security-guard functions may be performed under any contract entered into using the authority provided under this section during any period in which the authority for contractor performance of security-guard functions under this section is not in effect under paragraph (1). The term of any contract entered into using such authority may not extend beyond September 30, 2012.
(d)

Limitation.—
The total number of personnel employed to perform security guard functions under all contracts entered into pursuant to this section shall not exceed—
(1)
for fiscal year 2007, the total number of such personnel employed under such contracts on October 1, 2006;
(2)
for fiscal year 2008, the number equal to 90 percent of the total number of such personnel employed under such contracts on October 1, 2006;
(3)
for fiscal year 2009, the number equal to 80 percent of the total number of such personnel employed under such contracts on October 1, 2006;
(4)
for fiscal year 2010, the number equal to 70 percent of the total number of such personnel employed under such contracts on October 1, 2006;
(5)
for fiscal year 2011, the number equal to 60 percent of the total number of such personnel employed under such contracts on October 1, 2006; and
(6)
for fiscal year 2012, the number equal to 50 percent of the total number of such personnel employed under such contracts on October 1, 2006.
(e)

Report and Plan Required.—
Not later than December 1, 2005, the Secretary of Defense shall submit to the congressional defense committees a report that—
(1)
identifies each contract for the performance of security-guard functions entered into on or before September 30, 2004, pursuant to the authority provided by subsection (a), including information regarding—
(A)
each installation at which such security-guard functions are performed or are to be performed;
(B)
the period and amount of such contract;
(C)
the number of security guards employed or to be employed under such contract;
(D)
whether the contract was awarded pursuant to full and open competition; and
(E)
the actions taken or to be taken within the Department of Defense to ensure that the conditions applicable under paragraph (1) of subsection (a) or determined under paragraph (2) of such subsection are satisfied;
(2)
identifies, for each military installation at which such authority was used or is expected to be used, any requirements for the performance of security-guard functions described in subsection (a) that are expected to continue after the date on which such authority expires;
(3)
identifies any limitation or constraint on the end strength of the civilian workforce of the Department of Defense that makes it difficult to meet requirements identified under paragraph (2) by hiring personnel as civilian employees of the Department of Defense; and
(4)
includes a plan for meeting such requirements, in a manner consistent with applicable law, on a long-term basis.
DIVISION A—

DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE VII—

HEALTH CARE PROVISIONS
* * * * * * *
subtitle A—

Health Care Program Improvements
* * * * * * *
SEC. 708.
[10 U.S.C. 1071 note]

ACCESS TO HEALTH CARE SERVICES FOR BENEFICIARIES ELIGIBLE FOR TRICARE AND DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.
(a)

Requirement To Establish Process.—
(1)
The Secretary of Defense shall prescribe in regulations a process for resolving issues relating to patient safety and continuity of care for covered beneficiaries who are concurrently entitled to health care under the TRICARE program and eligible for health care services provided by the Department of Veterans Affairs. The Secretary shall—
(A)
ensure that the process provides for coordination of, and access to, health care from the two sources in a manner that prevents diminution of access to health care from either source; and
(B)
in consultation with the Secretary of Veterans Affairs, prescribe a clear definition of an “episode of care” for use in the resolution of patient safety and continuity of care issues under such process.
(2)
Not later than May 1, 2003, the Secretary shall submit to the Committees on Armed Services of the Senate and of the House of Representatives a report describing the process prescribed under paragraph (1).
(3)
While prescribing the process under paragraph (1) and upon completion of the report under paragraph (2), the Secretary shall provide to the Comptroller General information that would be relevant in carrying out the study required by subsection (b).
(b)

Comptroller General Study and Report.—
(1)
The Comptroller General shall conduct a study of the health care issues of covered beneficiaries described in subsection (a). The study shall include the following:
(A)
An analysis of whether covered beneficiaries who seek services through the Department of Veterans Affairs are receiving needed health care services in a timely manner from the Department of Veterans Affairs, as compared to the timeliness of the care available to covered beneficiaries under TRICARE Prime (as set forth in access to care standards under TRICARE program policy that are applicable to the care being sought).
(B)
An evaluation of the quality of care for covered beneficiaries who do not receive needed services from the Department of Veterans Affairs within a time period that is comparable to the time period provided for under such access to care standards and who then must seek alternative care under the TRICARE program.
(C)
Recommendations to improve access to, and timeliness and quality of, care for covered beneficiaries described in subsection (a).
(D)
An evaluation of the feasibility and advisability of making access to care standards applicable jointly under the TRICARE program and the Department of Veterans Affairs health care system.
(E)
A review of the process prescribed by the Secretary of Defense under subsection (a) to determine whether the process ensures the adequacy and quality of the health care services provided to covered beneficiaries under the TRICARE program and through the Department of Veterans Affairs, together with timeliness of access to such services and patient safety.
(2)
Not later than 60 days after the congressional committees specified in subsection (a)(2) receive the report required under that subsection, the Comptroller General shall submit to those committees a report on the study conducted under this subsection.
(c)

Definitions.—
In this section:
(1)
The term “covered beneficiary” has the meaning provided by section 1072(5) of title 10, United States Code.
(2)
The term “TRICARE program” has the meaning provided by section 1072(7) of such title.
(3)
The term “TRICARE Prime” has the meaning provided by section 1097a(f) of such title.
* * * * * * *
subtitle C—

Department of Defense-Department of Veterans Affairs Health Resources Sharing
SEC. 721.

REVISED COORDINATION AND SHARING GUIDELINES.
SEC. 722.
[38 U.S.C. 8111 note]

HEALTH CARE RESOURCES SHARING AND COORDINATION PROJECT.
(a)

Establishment.—
(1)
The Secretary of Veterans Affairs and the Secretary of Defense shall conduct a health care resources sharing project to serve as a test for evaluating the feasibility, and the advantages and disadvantages, of measures and programs designed to improve the sharing and coordination of health care and health care resources between the Department of Veterans Affairs and the Department of Defense. The project shall be carried out, as a minimum, at the sites identified under subsection (b).
(2)
Reimbursement between the two Departments with respect to the project under this section shall be made in accordance with the provisions of section 8111(e)(2) of title 38, United States Code, as amended by section 721(a).
(b)

Site Identification.—
(1)
Not later than 90 days after the date of the enactment of this Act, the Secretaries shall jointly identify not less than three sites for the conduct of the project under this section.
(2)
For purposes of this section, a site at which the resource sharing project shall be carried out is an area in the United States in which—
(A)
one or more military treatment facilities and one or more VA health care facilities are situated in relative proximity to each other, including facilities engaged in joint ventures as of the date of the enactment of this Act; and
(B)
for which an agreement to coordinate care and programs for patients at those facilities could be implemented not later than October 1, 2004.
(c)

Conduct of Project.—
(1)
At sites at which the project is conducted, the Secretaries shall provide a test of a coordinated management system for the military treatment facilities and VA health care facilities participating in the project. Such a coordinated management system for a site shall include at least one of the elements specified in paragraph (2), and each of the elements specified in that paragraph must be included in the coordinated management system for at least one of the participating sites.
(2)
Elements of a coordinated management system referred to in paragraph (1) are the following:
(A)
A budget and financial management system for those facilities that—
(i)
provides managers with information about the costs of providing health care by both Departments at the site; and
(ii)
allows managers to assess the advantages and disadvantages (in terms of relative costs, benefits, and opportunities) of using resources of either Department to provide or enhance health care to beneficiaries of either Department.
(B)
A coordinated staffing and assignment system for the personnel (including contract personnel) employed at or assigned to those facilities, including clinical practitioners of either Department.
(C)
Medical information and information technology systems for those facilities that—
(i)
are compatible with the purposes of the project;
(ii)
communicate with medical information and information technology systems of corresponding elements of those facilities; and
(iii)
incorporate minimum standards of information quality that are at least equivalent to those adopted for the Departments at large in their separate health care systems.
(d)

Authority To Waive Certain Administrative Policies.—
(1)
(A)
In order to carry out subsection (c), the Secretary of Defense may, in the Secretary's discretion, waive any administrative policy of the Department of Defense otherwise applicable to that subsection that specifically conflicts with the purposes of the project, in instances in which the Secretary determines that the waiver is necessary for the purposes of the project.
(B)
In order to carry out subsection (c), the Secretary of Veterans Affairs may, in the Secretary's discretion, waive any administrative policy of the Department of Veterans Affairs otherwise applicable to that subsection that specifically conflicts with the purposes of the project, in instances in which the Secretary determines that the waiver is necessary for the purposes of the project.
(C)
The two Secretaries shall establish procedures for resolving disputes that may arise from the effects of policy changes that are not covered by other agreements or existing procedures.
(2)
No waiver under paragraph (1) may alter any labor-management agreement in effect as of the date of the enactment of this Act or adopted by either Department during the period of the project.
(e)

Use by DOD of Certain Title 38 Personnel Authorities.—
(1)
In order to carry out subsection (c), the Secretary of Defense may apply to civilian personnel of the Department of Defense assigned to or employed at a military treatment facility participating in the project any of the provisions of subchapters I, III, and IV of chapter 74 of title 38, United States Code, determined appropriate by the Secretary.
(2)
For purposes of paragraph (1), any reference in chapter 74 of title 38, United States Code—
(A)
to the “Secretary” or the “Under Secretary for Health” shall be treated as referring to the Secretary of Defense; and
(B)
to the “Veterans Health Administration” shall be treated as referring to the Department of Defense.
(f)

Funding.—
From amounts available for health care for a fiscal year, each Secretary shall make available to carry out the project not less than—
(1)
$3,000,000 for fiscal year 2003;
(2)
$6,000,000 for fiscal year 2004; and
(3)
$9,000,000 for each succeeding year during which the project is in effect.
(g)

Definitions.—
For purposes of this section:
(1)
The term “military treatment facility” means a medical facility under the jurisdiction of the Secretary of a military department.
(2)
The term “VA health care facility” means a facility under the jurisdiction of the Veterans Health Administration of the Department of Veterans Affairs.
(h)

Termination.—
(1)
The project, and the authority provided by this section, shall terminate on September 30, 2007.
(2)
The two Secretaries jointly may terminate the performance of the project at any site when the performance of the project at that site fails to meet performance expectations of the Secretaries, as determined by the Secretaries based on information available to the Secretaries to warrant such action.
SEC. 723.

REPORT ON IMPROVED COORDINATION AND SHARING OF HEALTH CARE AND HEALTH CARE RESOURCES FOLLOWING DOMESTIC ACTS OF TERRORISM OR DOMESTIC USE OF WEAPONS OF MASS DESTRUCTION.
(a)

Joint Review.—
The Secretary of Defense and the Secretary of Veterans Affairs shall jointly review the adequacy of current processes and existing statutory authorities and policy governing the capability of the Department of Defense and the Department of Veterans Affairs to provide health care to members of the Armed Forces following domestic acts of terrorism or domestic use of weapons of mass destruction, both before and after any declaration of national emergency. Such review shall include a determination of the adequacy of current authorities in providing for the coordination and sharing of health care resources between the two Departments in such cases, particularly before the declaration of a national emergency.
(b)

Report to Congress.—
The two Secretaries shall include a joint report on the review under subsection (a), including any recommended legislative changes, shall be submitted to Congress as part of the fiscal year 2004 budget submission to Congress.
SEC. 724.
[10 U.S.C. 1074g note]

INTEROPERABILITY OF DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE PHARMACY DATA SYSTEMS.
(a)

Interoperability.—
The Secretary of Veterans Affairs and the Secretary of Defense shall seek to ensure that on or before October 1, 2004, the Department of Veterans Affairs pharmacy data system and the Department of Defense pharmacy data system (known as the “Pharmacy Data Transaction System”) are interoperable for both Department of Defense beneficiaries and Department of Veterans Affairs beneficiaries by achieving real-time interface, data exchange, and checking of prescription drug data of outpatients, and using national standards for the exchange of outpatient medication information.
(b)

Alternative Requirement.—
If the interoperability specified in subsection (a) is not achieved by October 1, 2004, as determined jointly by the Secretary of Defense and the Secretary of Veterans Affairs, the Secretary of Veterans Affairs shall adopt the Department of Defense Pharmacy Data Transaction System for use by the Department of Veterans Affairs health care system. Such system shall be fully operational not later than October 1, 2005.
(c)

Implementation Funding for Alternative Requirement.—
The Secretary of Defense shall transfer to the Secretary of Veterans Affairs, or shall otherwise bear the cost of, an amount sufficient to cover three-fourths of the cost to the Department of Veterans Affairs for computer programming activities and relevant staff training expenses related to implementation of subsection (b). Such amount shall be determined in such manner as agreed to by the two Secretaries.
SEC. 725.
[10 U.S.C. 1094a note]

JOINT PILOT PROGRAM FOR PROVIDING GRADUATE MEDICAL EDUCATION AND TRAINING FOR PHYSICIANS.
(a)

In General.—
The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a pilot program under which graduate medical education and training is provided to military physicians and physician employees of the Department of Defense and the Department of Veterans Affairs through one or more programs carried out in military medical treatment facilities of the Department of Defense and medical centers of the Department of Veterans Affairs. The pilot program shall begin not later than January 1, 2003.
(b)

Cost-Sharing Agreement.—
The Secretaries shall enter into an agreement for carrying out the pilot program. The agreement shall establish means for each Secretary to assist in paying the costs, with respect to individuals under the jurisdiction of that Secretary, incurred by the other Secretary in providing medical education and training under the pilot program.
(c)

Use of Existing Authorities.—
To carry out the pilot program, the Secretary of Defense and the Secretary of Veterans Affairs may use authorities provided to them under this subtitle, section 8111 of title 38, United States Code (as amended by section 721(a)), and other laws relating to the furnishing or support of medical education and the cooperative use of facilities.
(d)

Termination of Program.—
The pilot program under this section shall terminate on July 31, 2008.
(e)

Repeal of Superseded Provision.—
TITLE XIV—

HOMELAND SECURITY
SEC. 1401.
[50 U.S.C. 2312 note]

TRANSFER OF TECHNOLOGY ITEMS AND EQUIPMENT IN SUPPORT OF HOMELAND SECURITY.
(a)

Responsible Senior Official.—
The Secretary of Defense shall designate a senior official of the Department of Defense to coordinate all Department of Defense efforts to identify, evaluate, deploy, and transfer to Federal, State, and local first responders technology items and equipment in support of homeland security.
(b)

Duties.—
The official designated pursuant to subsection (a) shall—
(1)
identify technology items and equipment developed or being developed by Department of Defense components that have the potential to enhance public safety and improve homeland security;
(2)
cooperate with appropriate Federal Government officials outside the Department of Defense to evaluate whether such technology items and equipment would be useful to first responders;
(3)
facilitate the timely transfer, through identification of appropriate private sector manufacturers, of appropriate technology items and equipment to Federal, State, and local first responders, in coordination with appropriate Federal Government officials outside the Department of Defense;
(4)
identify and eliminate redundant and unnecessary research efforts within the Department of Defense with respect to technologies to be deployed to first responders;
(5)
expedite the advancement of high priority Department of Defense projects from research through implementation of initial manufacturing; and
(6)
participate in outreach programs established by appropriate Federal Government officials outside the Department of Defense to communicate with first responders and to facilitate awareness of available technology items and equipment to support responses to crises.
(c)

Support Agreement.—
The official designated pursuant to subsection (a) shall enter into an appropriate agreement with a nongovernment entity for such entity to assist the official designated under subsection (a) in carrying out that official's duties under this section. Any such agreement shall be entered into using competitive procedures in compliance with applicable requirements of law and regulation.
(d)

Report.—
Not later than 180 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 actions taken to carry out this section. The report shall include the following:
(1)
Identification of the senior official designated pursuant to subsection (a).
(2)
A summary of the actions taken or planned to be taken to implement subsection (b), including a schedule for planned actions.
(3)
An initial list of technology items and equipment identified pursuant to subsection (b)(1), together with a summary of any program schedule for the development, deployment, or transfer of such items and equipment.
(4)
A description of any agreement entered into pursuant to subsection (c).
SEC. 1402.
[10 U.S.C. 113 note]

COMPREHENSIVE PLAN FOR IMPROVING THE PREPAREDNESS OF MILITARY INSTALLATIONS FOR TERRORIST INCIDENTS.
(a)

Comprehensive Plan.—
The Secretary of Defense shall develop a comprehensive plan for improving the preparedness of military installations for preventing and responding to terrorist attacks, including attacks involving the use or threat of use of weapons of mass destruction.
(b)

Preparedness Strategy.—
The plan under subsection (a) shall include a preparedness strategy that includes each of the following:
(1)
Identification of long-term goals and objectives for improving the preparedness of military installations for preventing and responding to terrorist attacks.
(2)
Identification of budget and other resource requirements necessary to achieve those goals and objectives.
(3)
Identification of factors beyond the control of the Secretary that could impede the achievement of those goals and objectives.
(4)
A discussion of the extent to which local, regional, or national military response capabilities are to be developed, integrated, and used.
(5)
A discussion of how the Secretary will coordinate the capabilities referred to in paragraph (4) with local, regional, or national civilian and other military capabilities.
(c)

Performance Plan.—
The plan under subsection (a) shall include a performance plan that includes each of the following:
(1)
A reasonable schedule, with milestones, for achieving the goals and objectives of the strategy under subsection (b).
(2)
Performance criteria for measuring progress in achieving those goals and objectives.
(3)
A description of the process, together with a discussion of the resources, necessary to achieve those goals and objectives.
(4)
A description of the process for evaluating results in achieving those goals and objectives.
(d)

Submittal to Congress.—
The Secretary shall submit the comprehensive plan developed under subsection (a) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 180 days after the date of the enactment of this Act.
(e)

Comptroller General Review and Report.—
Not later than 60 days after the date on which the Secretary submits the comprehensive plan under subsection (a), the Comptroller General shall review the plan and submit to the committees referred to in subsection (d) the Comptroller General's assessment of the plan.
(f)

Annual Report.—
(1)
In each of 2004, 2005, and 2006, the Secretary of Defense shall include a report on the comprehensive plan developed under subsection (a) with the materials that the Secretary submits to Congress in support of the budget submitted by the President that year pursuant to section 1105(a) of title 31, United States Code.
(2)
Each such report shall include—
(A)
a discussion of any revision that the Secretary has made in the comprehensive plan developed under subsection (a) since the last report under this subsection or, in the case of the first such report, since the plan was submitted under subsection (d); and
(B)
an assessment of the progress made in achieving the goals and objectives of the strategy set forth in the plan.
(3)
If the Secretary includes in the report for 2004 or 2005 under this subsection a declaration that the goals and objectives of the preparedness strategy set forth in the comprehensive plan have been achieved, no further report is required under this subsection.
SEC. 1403.
[10 U.S.C. 12310 note]

ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.
(a)

Establishment of Additional Teams.—
The Secretary of Defense shall—
(1)
establish 23 additional teams designated as Weapons of Mass Destruction Civil Support Teams, for a total of 55 such teams; and
(2)
ensure that of such 55 teams, there is at least one team established in each State and territory.
(b)

Establishment of Further Additional Teams.—
The Secretary of Defense is authorized to have established two additional teams designated as Weapons of Mass Destruction Civil Support Teams, beyond the 55 teams required in subsection (a), if—
(1)
the Secretary of Defense has made the certification provided for in section 12310(c)(5) of title 10, United States Code, with respect to each of such additional teams before December 31, 2011; and
(2)
the establishment of such additional teams does not require an increase in authorized personnel levels above the numbers authorized as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013.
(c)

Limitation of Establishment of Further Teams.—
No Weapons of Mass Destruction Civil Support Team may be established beyond the number authorized by subsections (a) and (b) unless—
(1)
the Secretary submits to Congress a request for authority to establish such team, including a detailed justification for its establishment; and
(2)
the establishment of such team is specifically authorized by a law enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013.
(d)

Notification of Disestablishment of Teams.—
No Weapons of Mass Destruction Civil Support Team established pursuant to this section may be disestablished unless, by not later than 90 days before the date on which such team is disestablished, the Secretary submits to the congressional defense committees notice of the proposed disestablishment of the team and the date on which the disestablishment is proposed to take place.
(e)

Definitions.—
For purposes of this section:
(1)
The term “Weapons of Mass Destruction Civil Support Team” means a team of members of the reserve components of the Armed Forces that is established under section 12310(c) of title 10, United States Code, in support of emergency preparedness programs to prepare for or to respond to any emergency involving the use of a weapon of mass destruction.
(2)
The term “State and territory” means each of the several States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
* * * * * * *
SEC. 3151.
[22 U.S.C. 5952 note]

TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRATION OF DEPARTMENT OF DEFENSE'S COOPERATIVE THREAT REDUCTION PROGRAM RELATING TO ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA.
(a)

Transfer of Program.—
There are hereby transferred to the Administrator for Nuclear Security the following:
(1)
The program, within the Cooperative Threat Reduction program of the Department of Defense, relating to the elimination of weapons grade plutonium production in Russia.
(2)
All functions, powers, duties, and activities of that program performed before the date of the enactment of this Act by the Department of Defense.
(b)

Transfer of Assets.—
(1)
Notwithstanding any restriction or limitation in law on the availability of Cooperative Threat Reduction funds specified in paragraph (2), so much of the property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the program transferred by subsection (a) are transferred to the Administrator for use in connection with the program transferred.
(2)
The Cooperative Threat Reduction funds specified in this paragraph are the following:
(A)
Fiscal year 2002 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1254; 22 U.S.C. 5952 note).
(B)
Fiscal year 2001 Cooperative Threat Reduction funds, as specified in section 1301(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–339; 22 U.S.C. 5959 note).
(C)
Fiscal year 2000 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 792; 22 U.S.C. 5952 note).
(c)

Availability of Transferred Funds.—
(1)
Notwithstanding any restriction or limitation in law on the availability of Cooperative Threat Reduction funds specified in subsection (b)(2), the Cooperative Threat Reduction funds transferred under subsection (b) for the program referred to in subsection (a) shall be available for activities as follows:
(A)
To design and construct, refurbish, or both, fossil fuel energy plants in Russia that provide alternative sources of energy to the energy plants in Russia that produce weapons grade plutonium.
(B)
To carry out limited safety upgrades of not more than three energy plants in Russia that produce weapons grade plutonium, provided that such upgrades do not extend the life of those plants.
(2)
Amounts available under paragraph (1) for activities referred to in that paragraph shall remain available for obligation for three fiscal years.
(d)

Limitation.—
(1)
Of the amounts authorized to be appropriated by this title or any other Act for the program referred to in subsection (a), the Administrator for Nuclear Security may not obligate any funds for construction, or obligate or expend more than $100,000,000 for that program, until 30 days after the later of—
(A)
the date on which the Administrator submits to the congressional defense committees, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate, a copy of an agreement or agreements entered into between the United States Government and the Government of the Russian Federation to shut down the three plutonium-producing reactors in Russia as specified under paragraph (2); and
(B)
the date on which the Administrator submits to the committees specified in subparagraph (A) a report on a plan to achieve international participation in the program referred to in subsection (a), including cost sharing.
(2)
The agreement (or agreements) under paragraph (1)(A) shall contain—
(A)
a commitment to shut down the three plutonium-producing reactors;
(B)
the date on which each such reactor will be shut down;
(C)
a schedule and milestones for each such reactor to complete the shutdown of such reactor by the date specified under subparagraph (B);
(D)
a schedule and milestones for refurbishment or construction of fossil fuel energy plants to be undertaken by the Government of the Russian Federation in support of the program;
(E)
an arrangement for access to sites and facilities necessary to meet such schedules and milestones;
(F)
an arrangement for audit and examination procedures in order to evaluate progress in meeting such schedules and milestones; and
(G)
any cost sharing arrangements between the United States Government and the Government of the Russian Federation in undertaking activities under such agreement (or agreements).
(e)

International Participation in Program.—
(1)
In order to achieve international participation in the program referred to in subsection (a), the Secretary of Energy may, in consultation with the Secretary of State, enter into one or more agreements with any person, foreign government, or other international organization that the Secretary considers appropriate for the contribution of funds by such person, government, or organization for purposes of the program.
(2)
Notwithstanding section 3302 of title 31, United States Code, and subject to paragraphs (3) and (4), the Secretary may retain and utilize any amounts contributed by a person, government, or organization under an agreement under paragraph (1) for purposes of the program without further appropriation and without fiscal year limitation.
(3)
The Secretary may not utilize under paragraph (2) any amount contributed under an agreement under paragraph (1) until 30 days after the date on which the Secretary notifies the congressional defense committees of the intent to utilize such amount, including the source of such amount and the proposed purpose for which such amount will be utilized.
(4)
If any amount contributed under paragraph (1) has not been utilized within five years of receipt under that paragraph, the Secretary shall return such amount to the person, government, or organization contributing such amount under that paragraph.
(5)
Not later than 30 days after the receipt of any amount contributed under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the receipt of such amount.
(6)
Not later than October 31 each year, the Secretary shall submit to the congressional defense committees a report on the receipt and utilization of amounts under this subsection during the preceding fiscal year. Each report for a fiscal year shall set forth—
(A)
a statement of any amounts received under this subsection, including the source of each such amount; and
(B)
a statement of any amounts utilized under this subsection, including the purpose for which such amounts were utilized.
(7)
The authority of the Secretary to accept and utilize amounts under this subsection shall expire on December 31, 2011.
[Division D, the Atomic Energy Defense Act, was repealed in its entirety by section 3111(b)(1) of division C of Public Law 119-60. The Act has been codified to subpart B of part VI of title 10, U.S.C. by section 3111(a) of such Public Law. ]