Sections 232-235, sections 317 and 318, section 734, section 1205, section 1604, sections 2813 and 2814, and title XXXIII of the National Defense Authorization Act for Fiscal Year 2002 -
Public Law 107–107, as amended
Sections 232-235, sections 317 and 318, section 734, section 1205, section 1604, sections 2813 and 2814, and title XXXIII of the National Defense Authorization Act for Fiscal Year 2002 -
107
119–60
Statute Compilation
United States House of Representatives
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National Defense Authorization Act for Fiscal Year 2002
Air Force Science and Technology for the 21st Century Act
Military Construction Authorization Act for Fiscal Year 2002
Fort Irwin Military Land Withdrawal Act of 2001
Rocky Flats National Wildlife Refuge Act of 2001
10411
107
2001-12-28
Sections 232-235, sections 317 and 318, section 734, section 1205, section 1604, sections 2813 and 2814, and title XXXIII of the National Defense Authorization Act for Fiscal Year 2002 -
[(Public Law 107–107, approved Dec. 28, 2001)]
[As Amended Through P.L. 119–60, Enacted December 18, 2025]
[Currency: This publication is a compilation of the text of Public Law 107–107. 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).]
* * * * * * *
TITLE II—

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
* * * * * * *
subtitle C—

Ballistic Missile Defense
* * * * * * *
SEC. 232.
[10 U.S.C. 2431 note]

PROGRAM ELEMENTS FOR MISSILE DEFENSE AGENCY.
(a)

Revision in Program Elements.—
[Omitted-Amendments]
(b)

Additional Requirements.—
[Omitted-Amendments]
[(c)
and (d) repealed]
(e)

Internal DOD Reviews.—
(1)
The officials and elements of the Department of Defense specified in paragraph (2) shall on an ongoing basis—
(A)
review the development of goals under subsection (c) and the annual program plan under subsection (d); and
(B)
provide to the Secretary of Defense and the Director of the Missile Defense Agency any comments on such matters as considered appropriate.
(2)
Paragraph (1) applies with respect to the following:
(A)
The Under Secretary of Defense for Acquisition, Technology, and Logistics.
(B)
The Director of Operational Test and Evaluation.
(C)
The Director of Program Analysis and Evaluation.
(D)
The Joint Requirements Oversight Council.
(E)
The Cost Analysis and Improvement Group.
(f)

Demonstration of Critical Technologies.—
(1)
The Director of the Missile Defense Agency shall develop a plan for ensuring that each critical technology for a missile defense program is successfully demonstrated in an appropriate environment before that technology enters into operational service as part of a missile defense program.
(2)
The Director of Operational Test and Evaluation of the Department of Defense shall monitor the development of the plan under paragraph (1) and shall submit to the Director of the Missile Defense Agency any comments regarding that plan that the Director of Operational Test and Evaluation considers appropriate.
[(g)
repealed]
(h)

Annual OT&E Assessment and Characterization of Certain Ballistic Missile Defense Matters.—
(1)
The Director of Operational Test and Evaluation shall each year assess the adequacy and sufficiency of the Missile Defense Agency test program during the preceding fiscal year.
(2)
The Director of Operational Test and Evaluation shall also each year characterize the operational effectiveness, suitability, and survivability of the ballistic missile defense system, and its elements, that have been fielded or tested before the end of the preceding fiscal year.
(3)
Not later than February 15 each year the Director shall submit to the congressional defense committees a report on the assessment under paragraph (1) and the characterization under paragraph (2) with respect to the preceding fiscal year.
SEC. 233.

SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF THE DEPARTMENT OF DEFENSE BY THE NATIONAL DEFENSE LABORATORIES OF THE DEPARTMENT OF ENERGY.
(a)

Funds To Carry Out Certain Ballistic Missile Defense Activities.—
Of the amounts authorized to be appropriated to the Department of Defense pursuant to section 201(4), $25,000,000 shall be available, subject to subsection (b) and at the discretion of the Director of the Missile Defense Agency, for research, development, and demonstration activities at the national laboratories of the Department of Energy in support of the missions of the Missile Defense Agency, including the following activities:
(1)
Technology development, concept demonstration, and integrated testing to enhance performance, reduce risk, and improve reliability in hit-to-kill interceptors for ballistic missile defense.
(2)
Support for science and engineering teams to assess critical technical problems and prudent alternative approaches as agreed upon by the Director of the Missile Defense Agency and the Administrator for Nuclear Security.
(b)

Requirement for Matching Funds From NNSA.—
Funds shall be available as provided in subsection (a) only if the Administrator for Nuclear Security makes available matching funds for the activities referred to in subsection (a).
(c)

Memorandum of Understanding.—
The activities referred to in subsection (a) shall be carried out under the memorandum of understanding entered into by the Secretary of Energy and the Secretary of Defense for the use of national laboratories for ballistic missile defense programs, as required by section 3131 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2034) and modified pursuant to section 3132 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–455) to provide for jointly funded projects.
SEC. 234.
[10 U.S.C. 2431 note]

MISSILE DEFENSE TESTING INITIATIVE.
(a)

Testing Infrastructure.—
(1)
The Secretary of Defense shall ensure that each annual budget request of the Department of Defense—
(A)
is designed to provide for comprehensive testing of ballistic missile defense programs during early stages of development; and
(B)
includes necessary funding to support and improve test infrastructure and provide adequate test assets for the testing of such programs.
(2)
The Secretary shall ensure that ballistic missile defense programs incorporate, to the greatest possible extent, operationally realistic test configurations (referred to as “test bed” configurations) to demonstrate system performance across a broad range of capability and, during final stages of operational testing, to demonstrate reliable performance.
(3)
The Secretary shall ensure that the test infrastructure for ballistic missile defense programs is capable of supporting continued testing of ballistic missile defense systems after deployment.
(b)

Requirements for Early Stages of System Development.—
In order to demonstrate acceptable risk and developmental stability, the Secretary of Defense shall ensure that any ballistic missile defense program incorporates, to the maximum extent practicable, the following elements during the early stages of system development:
(1)
Pursuit of parallel conceptual approaches and technological paths for all critical problematic components until effective and reliable solutions can be demonstrated.
(2)
Comprehensive ground testing in conjunction with flight-testing for key elements of the proposed system that are considered to present high risk, with such ground testing to make use of existing facilities and combinations of facilities that support testing at the highest possible levels of integration.
(3)
Where appropriate, expenditures to enhance the capabilities of existing test facilities, or to construct new test facilities, to support alternative complementary test methodologies.
(4)
Sufficient funding of test instrumentation to ensure accurate measurement of all critical test events.
(5)
Incorporation into the program of sufficient schedule flexibility and expendable test assets, including missile interceptors and targets, to ensure that failed or aborted tests can be repeated in a prudent, but expeditious manner.
(6)
Incorporation into flight-test planning for the program, where possible, of—
(A)
methods that make the most cost-effective use of test opportunities;
(B)
events to demonstrate engagement of multiple targets, “shoot-look-shoot”, and other planned operational concepts; and
(C)
exploitation of opportunities to facilitate early development and demonstration of “family of systems” concepts.
(c)

Specific Requirements for Ground-Based Mid-Course Interceptor Systems.—
For ground-based mid-course interceptor systems, the Secretary of Defense shall initiate steps during fiscal year 2002 to establish a flight-test capability of launching not less than three missile defense interceptors and not less than two ballistic missile targets to provide a realistic test infrastructure.
SEC. 235.

CONSTRUCTION OF TEST BED FACILITIES FOR MISSILE DEFENSE SYSTEM.
(a)

Authority To Acquire or Construct Facilities.—
(1)
The Secretary of Defense, using funds appropriated to the Department of Defense for research, development, test, and evaluation for fiscal years after fiscal year 2001 that are available for programs of the Missile Defense Agency, may carry out all construction projects, or portions of construction projects, including projects for the acquisition, improvement, or construction of facilities, necessary to establish and operate the Missile Defense System Test Bed.
(2)
The authority provided in subsection (a) may be used to acquire, improve, or construct facilities at a total cost not to exceed $500,000,000.
(b)

Authority To Provide Assistance to Local Communities.—
(1)
Subject to paragraph (2), the Secretary of Defense, using funds appropriated to the Department of Defense for research, development, test, and evaluation for fiscal year 2002 or 2004 that are available for programs of the Missile Defense Agency, may provide assistance to local communities to meet the need for increased municipal or community services or facilities resulting from the construction, installation, or operation of the Missile Defense System Test Bed Facilities. Such assistance may be provided by grant or otherwise.
(2)
Assistance may be provided to a community under paragraph (1) only if the Secretary of Defense determines that there is an immediate and substantial increase in the need for municipal or community services or facilities as a direct result of the construction, installation, or operation of the Missile Defense System Test Bed Facilities.
(3)
Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004 [Nov. 24, 2003], the Secretary of Defense shall submit to the congressional defense committees a report on the community assistance projects under this subsection that are to be supported using funds referred to in paragraph (1) for fiscal year 2004. The report shall include, for each such project, a description of the project and an estimate of the total cost of the project.
TITLE III—

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

Environmental Provisions
* * * * * * *
SEC. 317.
[10 U.S.C. 2865 note]

DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAM.
(a)

Sense of Congress.—
It is the sense of Congress that the Secretary of Defense should work to implement fuel efficiency reforms that allow for investment decisions based on the true cost of delivered fuel, strengthen the linkage between warfighting capability and fuel logistics requirements, provide high-level leadership encouraging fuel efficiency, target fuel efficiency improvements through science and technology investment, and include fuel efficiency in requirements and acquisition processes.
(b)

Energy Efficiency Program.—
The Secretary shall carry out a program to significantly improve the energy efficiency of facilities of the Department of Defense through 2010. The Secretary shall designate a senior official of the Department of Defense to be responsible for managing the program for the Department and a senior official of each military department to be responsible for managing the program for such department.
(c)

Energy Efficiency Goals.—
The goal of the energy efficiency program shall be to achieve reductions in energy consumption by facilities of the Department of Defense as follows:
(1)
In the case of industrial and laboratory facilities, reductions in the average energy consumption per square foot of such facilities, per unit of production or other applicable unit, relative to energy consumption in 1990—
(A)
by 20 percent by 2005; and
(B)
by 25 percent by 2010.
(2)
In the case of other facilities, reductions in average energy consumption per gross square foot of such facilities, relative to energy consumption per gross square foot in 1985—
(A)
by 30 percent by 2005; and
(B)
by 35 percent by 2010.
(d)

Strategies for Improving Energy Efficiency.—
In order to achieve the goals set forth in subsection (c), the Secretary shall, to the maximum extent practicable—
(1)
purchase energy-efficient products, as so designated by the Environmental Protection Agency and the Department of Energy, and other products that are energy-efficient;
(2)
utilize energy savings performance contracts, utility energy-efficiency service contracts, and other contracts designed to achieve energy conservation;
(3)
use life-cycle cost analysis, including assessment of life-cycle energy costs, in making decisions about investments in products, services, construction, and other projects;
(4)
conduct energy efficiency audits for approximately 10 percent of all Department of Defense facilities each year;
(5)
explore opportunities for energy efficiency in industrial facilities for steam systems, boiler operation, air compressor systems, industrial processes, and fuel switching; and
(6)
retire inefficient equipment on an accelerated basis where replacement results in lower life-cycle costs.
(e)

Reporting Requirements.—
Not later than January 1, 2002, and each January 1 thereafter through 2010, the Secretary shall submit to the congressional defense committees the report required to be prepared by the Secretary pursuant to section 303 of Executive Order 13123 (64 Fed. Reg. 30851; 42 U.S.C. 8251 note) regarding the progress made toward achieving the energy efficiency goals of the Department of Defense.
SEC. 318.
[10 U.S.C. 2302 note]

PROCUREMENT OF ALTERNATIVE FUELED AND HYBRID LIGHT DUTY TRUCKS.
(a)

Defense Fleets Not Covered by Requirement in Energy Policy Act of 1992.—
(1)
The Secretary of Defense shall coordinate with the Administrator of General Services to ensure that only hybrid vehicles are procured by the Administrator for the Department of Defense fleet of light duty trucks that is not in a fleet of vehicles to which section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) applies.
(2)
The Secretary, in consultation with the Administrator, may waive the policy regarding the procurement of hybrid vehicles in paragraph (1) to the extent that the Secretary determines necessary—
(A)
in the case of trucks that are exempt from the requirements of section 303 of the Energy Policy Act of 1992 for national security reasons under subsection (b)(3)(E) of such section, to meet specific requirements of the Department of Defense for capabilities of light duty trucks;
(B)
to procure vehicles consistent with the standards applicable to the procurement of fleet vehicles for the Federal Government; or
(C)
to adjust to limitations on the commercial availability of light duty trucks that are hybrid vehicles.
(3)
This subsection applies with respect to procurements of light duty trucks in fiscal year 2005 and subsequent fiscal years.
(b)

Requirement To Exceed Requirement in Energy Policy Act of 1992.—
(1)
The Secretary of Defense shall coordinate with the Administrator of General Services to ensure that, of the light duty trucks procured in fiscal years after fiscal year 2004 for the fleets of light duty vehicles of the Department of Defense to which section 303 of the Energy Policy Act of 1992 applies—
(A)
five percent of the total number of such trucks that are procured in each of fiscal years 2005 and 2006 are alternative fueled vehicles or hybrid vehicles; and
(B)
ten percent of the total number of such trucks that are procured in each fiscal year after fiscal year 2006 are alternative fueled vehicles or hybrid vehicles.
(2)
Light duty trucks acquired for the Department of Defense that are counted to comply with section 303 of the Energy Policy Act of 1992 for a fiscal year shall be counted to determine the total number of light duty trucks procured for the Department of Defense for that fiscal year for the purposes of paragraph (1), but shall not be counted to satisfy the requirement in that paragraph.
(c)

Report on Plans for Implementation.—
At the same time that the President submits the budget for fiscal year 2003 to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report summarizing the plans for carrying out subsections (a) and (b).
(d)

Definitions.—
In this section:
(1)
The term “hybrid vehicle” means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both—
(A)
an internal combustion or heat engine using combustible fuel; and
(B)
a rechargeable energy storage system.
(2)
The term “alternative fueled vehicle” has the meaning given that term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211).
* * * * * * *
DIVISION A—

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

HEALTH CARE PROVISIONS
* * * * * * *
SEC. 734.
[10 U.S.C. 1071 note]

PILOT PROGRAM PROVIDING FOR DEPARTMENT OF VETERANS AFFAIRS SUPPORT IN THE PERFORMANCE OF SEPARATION PHYSICAL EXAMINATIONS.
(a)

Authority.—
The Secretary of Defense and the Secretary of Veterans Affairs may jointly carry out a pilot program under which the Secretary of Veterans Affairs may perform the physical examinations required for members of the uniformed services separating from the uniformed services who are in one or more geographic areas designated for the pilot program by the Secretaries.
(b)

Reimbursement.—
The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for the cost incurred by the Secretary of Veterans Affairs in performing, under the pilot program, the elements of physical examination that are required by the Secretary concerned in connection with the separation of a member of a uniformed service. Reimbursements shall be paid out of funds available for the performance of separation physical examinations of members of that uniformed service in facilities of the uniformed services.
(c)

Agreement.—
(1)
If the Secretary of Defense and the Secretary of Veterans Affairs carry out the pilot program authorized by this section, the Secretaries shall enter into an agreement specifying the geographic areas in which the pilot program is carried out and the means for making reimbursement payments under subsection (b).
(2)
The other administering Secretaries shall also enter into the agreement to the extent that the Secretary of Defense determines necessary to apply the pilot program, including the requirement for reimbursement, to the uniformed services not under the jurisdiction of the Secretary of a military department.
(d)

Consultation Requirement.—
In developing and carrying out the pilot program, the Secretary of Defense shall consult with the other administering Secretaries.
(e)

Period of Program.—
The Secretary of Defense and the Secretary of Veterans Affairs may carry out the pilot program under this section beginning not later than July 1, 2002, and terminating on December 31, 2005.
(f)

Reports.—
(1)
If the Secretary of Defense and the Secretary of Veterans Affairs carry out the pilot program authorized by this section—
(A)
not later than January 31, 2004, the Secretaries shall jointly submit to Congress an interim report on the conduct of the pilot program; and
(B)
not later than March 1, 2005, the Secretaries shall jointly submit to Congress a final report on the conduct of the pilot program.
(2)
Reports under this subsection shall include the Secretaries' assessment, as of the date of the report, of the efficacy of the performance of separation physical examinations as provided for under the pilot program.
(g)

Definitions.—
In this section:
(1)
The term “administering Secretaries” has the meaning given that term in section 1072(3) of title 10, United States Code.
(2)
The term “Secretary concerned” has the meaning given that term in section 101(5) of title 37, United States Code.
* * * * * * *
TITLE XI—

CIVILIAN PERSONNEL MATTERS
* * * * * * *
SEC. 1116.
[5 U.S.C. 5702 note]

RETENTION OF TRAVEL PROMOTIONAL ITEMS.
(a)

Definitions.—
In this section:
(1)
The term “agency” has the meaning given that term under section 5701 of title 5, United States Code.
(2)
The term “general public” includes the Federal Government or an agency.
(b)

Retention of Travel Promotional Items.—
To the extent provided under subsection (c), a Federal employee, member of the Foreign Service, member of a uniformed service, any family member or dependent of such an employee or member, or other individual who receives a promotional item (including frequent flyer miles, upgrade, or access to carrier clubs or facilities) as a result of using travel or transportation services obtained at Federal Government expense or accepted under section 1353 of title 31, United States Code, may retain the promotional item for personal use if the promotional item is obtained under the same terms as those offered to the general public and at no additional cost to the Federal Government.
(c)

Limitation.—
Subsection (b)—
(1)
applies only to travel that—
(A)
is at the expense of an agency; or
(B)
is accepted by an agency under section 1353 of title 31, United States Code; and
(2)
does not apply to travel by any officer, employee, or other official of the Government who is not in or under any agency.
(d)

Regulatory Authority.—
Any agency with authority to prescribe regulations governing the acquisition, acceptance, use, or disposal of any travel or transportation services obtained at Government expense or accepted under section 1353 of title 31, United States Code, may prescribe regulations to carry out subsection (b) with respect to those travel or transportation services.
(e)

Repeal of Superseded Law.—
Section 6008 of the Federal Acquisition Streamlining Act of 1994 (5 U.S.C. 5702 note; Public Law 103-355) is repealed.
(f)

Applicability.—
This section shall apply with respect to promotional items received before, on, or after the date of enactment of this Act.
* * * * * * *
TITLE XII—

MATTERS RELATING TO OTHER NATIONS
* * * * * * *
Subtitle A—

Matters Related to Arms Control and Monitoring
* * * * * * *
SEC. 1205.

PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND EXPERTISE OF THE STATES OF THE FORMER SOVIET UNION.
(a)

Plan Required.—
Not later than June 15, 2002, the President shall submit to Congress a plan, that has been developed in coordination with all relevant Federal agencies—
(1)
for cooperating with Russia on disposing, as soon as practicable, of nuclear weapons and weapons-usable nuclear material in Russia that Russia does not retain in its nuclear arsenals;
(2)
for assisting Russia in downsizing its nuclear weapons research and production complex;
(3)
for cooperating with the other states of the former Soviet Union on disposing, as soon as practicable, of all nuclear weapons and weapons-usable nuclear material in such states; and
(4)
for preventing the outflow from the states of the former Soviet Union of scientific expertise that could be used for developing nuclear weapons, other weapons of mass destruction, and delivery systems for such weapons.
(b)

Content of Plan.—
The plan required by subsection (a) shall include the following:
(1)
Specific goals and measurable objectives for programs that are designed to carry out the objectives described in subsection (a).
(2)
Criteria for success for such programs, and a strategy for eventual termination of United States contributions to such programs and assumption of the ongoing support of those programs by others.
(3)
A description of any administrative and organizational changes necessary to improve the coordination and effectiveness of such programs. In particular, the plan shall include consideration of the creation of an interagency committee that would have primary responsibilities within the executive branch for—
(A)
monitoring United States nonproliferation efforts in the states of the former Soviet Union;
(B)
coordinating the implementation of United States policy with respect to such efforts; and
(C)
recommending to the President integrated policies, budget options, and private sector and international contributions for such programs.
(4)
An estimate of the cost of carrying out such programs.
(c)

Consultation.—
In developing the plan required by subsection (a), the President—
(1)
is encouraged to consult with the relevant states of the former Soviet Union regarding the practicality of various options; and
(2)
shall consult with the majority and minority leadership of the appropriate committees of Congress.
(d)

Annual Report on Implementation of Plan.—
(1)
Not later than January 31, 2003, and each year thereafter, the President shall submit to Congress a report on the implementation of the plan required by subsection (a) during the preceding year.
(2)
Each report under paragraph (1) shall include—
(A)
a discussion of progress made during the year covered by such report in the matters of the plan required by subsection (a);
(B)
a discussion of consultations with foreign nations, and in particular the Russian Federation, during such year on joint programs to implement the plan;
(C)
a discussion of cooperation, coordination, and integration during such year in the implementation of the plan among the various departments and agencies of the United States Government, as well as private entities that share objectives similar to the objectives of the plan; and
(D)
any recommendations that the President considers appropriate regarding modifications to law or regulations, or to the administration or organization of any Federal department or agency, in order to improve the effectiveness of any programs carried out during such year in the implementation of the plan.
* * * * * * *
DIVISION B—

MILITARY CONSTRUCTION AUTHORIZATIONS
* * * * * * *
TITLE XXVIII—

GENERAL PROVISIONS
* * * * * * *
Subtitle B—

Real Property and Facilities Administration
* * * * * * *
SEC. 2813.
[10 U.S.C. 2661 note]

PILOT PROGRAM TO PROVIDE ADDITIONAL TOOLS FOR EFFICIENT OPERATION OF MILITARY INSTALLATIONS.
(a)

Initiative Authorized.—
The Secretary of Defense may carry out a pilot program (to be known as the “Pilot Efficient Facilities Initiative”) for purposes of determining the potential for increasing the efficiency and effectiveness of the operation of military installations.
(b)

Designation of Participating Military Installations.—
(1)
The Secretary of Defense may designate up to two military installations of each military department for participation in the Initiative.
(2)
Before designating a military installation under paragraph (1), the Secretary shall consult with employees at the installation and communities in the vicinity of the installation regarding the Initiative.
(3)
The Secretary shall transmit to Congress written notification of the designation of a military installation to participate in the Initiative not later than 30 days before taking any action to carry out the Initiative at the installation. The notification shall include a description of the steps taken by the Secretary to comply with paragraph (2).
(c)

Management Plan.—
(1)
As part of the notification required under subsection (b), the Secretary of Defense shall submit a management plan for the Initiative at the military installation designated in the notification.
(2)
The management plan for a designated military installation shall include a description of—
(A)
each proposed lease of real or personal property located at the military installation;
(B)
each proposed disposal of real or personal property located at the installation;
(C)
each proposed leaseback of real or personal property leased or disposed of at the installation;
(D)
each proposed conversion of services at the installation from Federal Government performance to non-Federal Government performance, including performance by contract with a State or local government or private entity or performance as consideration for the lease or disposal of property at the installation; and
(E)
each other action proposed to be taken to improve mission effectiveness and reduce the cost of providing quality installation support at the installation.
(3)
With respect to each proposed action described under paragraph (2), the management plan shall include—
(A)
an estimate of the savings expected to be achieved as a result of the action;
(B)
each regulation not required by statute that is proposed to be waived to implement the action; and
(C)
each statute or regulation required by statute that is proposed to be waived to implement the action, including—
(i)
an explanation of the reasons for the proposed waiver; and
(ii)
a description of the action to be taken to protect the public interests served by the statute or regulation, as the case may be, in the event of the waiver.
(4)
The management plan shall include measurable criteria for the evaluation of the effects of the actions taken pursuant to the Initiative at the designated military installation.
(d)

Waiver of Statutory Requirements.—
The Secretary of Defense may waive any statute, or regulation required by statute, for purposes of carrying out the Initiative only if specific authority for the waiver of such statute or regulation is provided in a law that is enacted after the date of the enactment of this Act.
(e)

Installation Efficiency Initiative Fund.—
(1)
There is established on the books of the Treasury a fund to be known as the “Installation Efficiency Initiative Fund”.
(2)
There shall be deposited in the Fund all cash rents, payments, reimbursements, proceeds, and other amounts from leases, sales, or other conveyances or transfers, joint activities, and other actions taken under the Initiative.
(3)
To the extent provided in advance in authorization Acts and appropriations Acts, amounts in the Fund shall be available to the Secretary of Defense for purposes of managing capital assets and providing support services at military installations participating in the Initiative. Amounts in the Fund may be used for such purposes in addition to, or in combination with, other amounts authorized to be appropriated for such purposes. Amounts in the Fund shall be available for such purposes for five years.
(4)
Subject to applicable financial management regulations, the Secretary shall structure the Fund, and provide administrative policies and procedures, in order to provide proper control of deposits in and disbursements from the Fund.
(f)

Report.—
Not later than December 31, 2004, the Secretary of Defense shall submit to Congress a report on the Initiative. The report shall contain a description of the actions taken under the Initiative and include such other information, including recommendations, as the Secretary considers appropriate regarding the Initiative.
(g)

Definitions.—
In this section:
(1)
The term “Initiative” means the Pilot Efficient Facilities Initiative.
(2)
The term “Fund” means the Installation Efficiency Initiative Fund.
(3)
The term “military installation” has the meaning given such term in section 2687(e) of title 10, United States Code.
(h)

Termination.—
The authority of the Secretary of Defense to carry out the Initiative shall terminate December 31, 2005.
SEC. 2814.
[10 U.S.C. 2809 note]

DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM FACILITY MAINTENANCE COSTS.
(a)

Authority To Carry Out Program.—
The Secretary of Defense or the Secretary of a military department may conduct a demonstration program to assess the feasibility and desirability of including facility maintenance requirements in construction contracts for military construction projects for the purpose of determining whether such requirements facilitate reductions in the long-term facility maintenance costs of the military departments.
(b)

Contracts.—
(1)
Not more than 12 contracts per military department may contain requirements referred to in subsection (a) for the purpose of the demonstration program.
(2)
The demonstration program may only cover contracts entered into on or after the date of the enactment of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, except that the Secretary of the Army shall treat any contract containing requirements referred to in subsection (a) that was entered into under the authority in such subsection between that date and December 28, 2001, as a contract for the purpose of the demonstration program.
(c)

Effective Period of Requirements.—
The effective period of a requirement referred to in subsection (a) that is included in a contract for the purpose of the demonstration program may not exceed five years.
(d)

Reporting Requirements.—
Not later than January 31, 2005, the Secretary of Defense shall submit to Congress a report on the demonstration program, including the following:
(1)
A description of all contracts that contain requirements referred to in subsection (a) for the purpose of the demonstration program.
(2)
An evaluation of the demonstration program and a description of the experience of the Secretary with respect to such contracts.
(3)
Any recommendations, including recommendations for the termination, continuation, or expansion of the demonstration program, that the Secretary considers appropriate.
(e)

Expiration.—
The authority under subsection (a) to include requirements referred to in that subsection in contracts under the demonstration program shall expire on September 30, 2006.
(f)

Funding.—
Amounts authorized to be appropriated for the military departments or defense-wide for a fiscal year for military construction shall be available for the demonstration program under this section in such fiscal year.
* * * * * * *
TITLE XXIX—

FORT IRWIN MILITARY LAND WITHDRAWAL
* * * * * * *
SEC. 2910.

DURATION OF WITHDRAWAL AND RESERVATION.
(a)

Termination Date.—
Unless extended pursuant to section 2911, unless relinquishment is postponed by the Secretary of the Interior pursuant to section 2912(b), and except as provided in section 2912(d), the withdrawal and reservation made by this title shall terminate on December 31, 2051.
(b)

Limitation on Subsequent Availability for Appropriation.—
At the time of termination of the withdrawal and reservation made by this title, the previously withdrawn lands shall not be open to any forms of appropriation under the general land laws, including the mining laws and the mineral and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened.
SEC. 2911.

EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.
(a)

Notification Requirement.—
Not later than three years before the termination date specified in section 2910(a), the Secretary of the Army shall notify Congress and the Secretary of the Interior whether the Army will have a continuing military need, beyond the termination date, for all or any portion of the lands withdrawn and reserved by this title.
(b)

Process for Extension of Withdrawal and Reservation.—
(1)

Consultation and application.—
If the Secretary of the Army determines that there will be a continuing military need after the termination date for any of the lands withdrawn and reserved by this title, the Secretary of the Army shall—
(A)
consult with the Secretary of the Interior concerning any adjustments to be made to the extent of, or to the allocation of management responsibility for, such needed lands; and
(B)
file with the Secretary of the Interior, within one year after the notice required by subsection (a), an application for extension of the withdrawal and reservation of such needed lands.
(2)

Application requirements.—
Notwithstanding any general procedure of the Department of the Interior for processing Federal land withdrawals, an application for extension of the land withdrawal and reservation made by this title shall be considered to be complete if the application includes the information required by section 3 of Public Law 85-337 (commonly known as the Engle Act; 43 U.S.C. 157), except that no information shall be required concerning the use or development of mineral, timber, or grazing resources unless, and only to the extent, the Secretary of the Army proposes to use or develop such resources during the period of extension.
(c)

Submission of Proposed Extension to Congress.—
The Secretary of the Interior and the Secretary of the Army may submit to Congress a legislative proposal for the extension of the withdrawal and reservation made by this title. The legislative proposal shall be accompanied by an appropriate analysis of environmental impacts associated with the proposal, as required by section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
SEC. 2912.

TERMINATION AND RELINQUISHMENT.
(a)

Notice of Termination.—
During the first 22 years of the withdrawal and reservation made by this title, if the Secretary of the Army determines that there is no continuing military need for the lands withdrawn and reserved by this title, or any portion of such lands, the Secretary of the Army shall submit to the Secretary of the Interior a notice of intent to relinquish jurisdiction over such lands. The notice shall specify the proposed date of relinquishment.
(b)

Acceptance of Jurisdiction.—
The Secretary of the Interior may accept jurisdiction over any lands covered by a notice under subsection (a) if the Secretary of the Interior determines that the Secretary of the Army has taken or will take all environmental response and restoration activities required under applicable laws and regulations with respect to such lands.
(c)

Notice of Acceptance.—
If the Secretary of the Interior decides to accept jurisdiction over lands covered by a notice under subsection (a) before the termination date of the withdrawal and reservation, the Secretary shall publish in the Federal Register an appropriate order that shall—
(1)
terminate the withdrawal and reservation of such lands under this title;
(2)
constitute official acceptance of administrative jurisdiction over the lands by the Secretary of the Interior; and
(3)
state the date upon which such lands shall be opened to the operation of the general land laws, including the mining laws and the mineral and geothermal leasing laws, if appropriate.
(d)

Retained Army Jurisdiction.—
Notwithstanding the termination date specified in section 2910, unless and until the Secretary of the Interior accepts jurisdiction of land proposed for relinquishment pursuant to this section, such land shall remain withdrawn and reserved for the Secretary of the Army for the limited purposes of environmental response and restoration actions under section 2906 and continued land management responsibilities pursuant to the integrated natural resources management plan required under section 2904, until such environmental response and restoration activities on those lands are completed.
(e)

Severability of Functions.—
All functions described under this section, including transfers, relinquishments, extensions, and other determinations, may be made on a parcel-by-parcel basis.
SEC. 2913.

DELEGATION OF AUTHORITY.
(a)

Secretary of the Army.—
The Secretary of the Army may delegate to officials in the Department of the Army such functions as the Secretary of the Army may determine appropriate to carry out this title.
(b)

Secretary of the Interior.—
The functions of the Secretary of the Interior under this title may be delegated, except that the order described in section 2912(c) may be approved and signed only by the Secretary of the Interior, the Deputy Secretary of the Interior, or an Assistant Secretary of the Department of the Interior.
* * * * * * *
TITLE XXXIII—

NATIONAL DEFENSE STOCKPILE
SEC. 3301.
[50 U.S.C. 98d note]

DEFINITIONS.
In this title:
(1)
The term “National Defense Stockpile” means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2)
The term “National Defense Stockpile Transaction Fund” means the fund established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a)).
(3)
The term “Market Impact Committee” means the Market Impact Committee appointed under section 10(c) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(c)).
* * * * * * *
SEC. 3303.
[50 U.S.C. 98d note]

AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.
(a)

Disposal Authorized.—
Subject to the conditions specified in subsection (b), the President may dispose of obsolete and excess materials contained in the National Defense Stockpile. The materials subject to disposal under this subsection and the quantity of each material authorized to be disposed of by the President are set forth in the following table:
Authorized Stockpile Disposals
Material for disposal | Quantity
Bauxite | 40,000 short tons
Chromium Metal | 3,512 short tons
Iridium | 25,140 troy ounces
Jewel Bearings | 30,273,221 pieces
Manganese Ferro HC | 209,074 short tons
Palladium | 11 troy ounces
Quartz Crystal | 216,648 pounds
Tantalum Metal Ingot | 120,228 pounds contained
Tantalum Metal Powder | 36,020 pounds contained
Thorium Nitrate | 600,000 pounds.
(b)

Minimization of Disruption and Loss.—
The President may not dispose of materials under subsection (a) to the extent that the disposal will result in—
(1)
undue disruption of the usual markets of producers, processors, and consumers of the materials proposed for disposal; or
(2)
avoidable loss to the United States.
(c)

Relationship to Other Disposal Authority.—
The disposal authority provided in subsection (a) is new disposal authority and is in addition to, and shall not affect, any other disposal authority provided by law regarding the materials specified in such subsection.
SEC. 3304.

REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.
[Omitted-Amendments]
SEC. 3305.

ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN NATIONAL DEFENSE STOCKPILE.
[Omitted-Amendments]
SEC. 3306.
[50 U.S.C. 98d note]

RESTRICTION ON DISPOSAL OF MANGANESE FERRO.
(a)

Temporary Quantity Restrictions.—
During fiscal years 2002 through 2005, the disposal of manganese ferro in the National Defense Stockpile may not exceed the following quantities:
(1)
During fiscal year 2002, 25,000 short tons of all grades of manganese ferro.
(2)
During fiscal year 2003, 25,000 short tons of high carbon manganese ferro of the highest grade.
(3)
During each of the fiscal years 2004 and 2005, 50,000 short tons of high carbon manganese ferro of the highest grade.
(b)

Conforming Amendment.—
Section 3304 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 629) is repealed.