[Congressional Record Volume 147, Number 140 (Wednesday, October 17, 2001)]
[House]
[Pages H6945-H7098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002
Mr. STUMP. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate bill (S. 1438) to authorize appropriations
for fiscal year 2002 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes, and ask for its
immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore (Mr. Simpson). Is there objection to the
request of the gentleman from Arizona?
There was no objection.
The Clerk read the Senate bill, as follows:
S. 1438
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2002''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
Sec. 4. Applicability of report of Committee on Armed Services of the
Senate.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical agents and munitions destruction, Defense.
Sec. 107. Defense health programs.
Subtitle B--Army Programs
(Reserved)
Subtitle C--Navy Programs
Sec. 121. Virginia class submarine program.
Sec. 122. Multiyear procurement authority for F/A-18E/F aircraft
engines.
Sec. 123. V-22 Osprey aircraft program.
Sec. 124. Additional matter relating to V-22 Osprey aircraft.
Subtitle D--Air Force Programs
Sec. 131. Multiyear procurement authority for C-17 aircraft.
Subtitle E--Other Matters
Sec. 141. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities
without regard to availability from domestic sources.
Sec. 142. Procurement of additional M291 skin decontamination kits.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Authorization of additional funds.
Sec. 204. Funding for Special Operations Forces Command, Control,
Communications, Computers, and Intelligence Systems
Threat Warning and Situational Awareness program.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. F-22 aircraft program.
Sec. 212. C-5 aircraft reliability enhancement and reengining.
Sec. 213. Review of alternatives to the V-22 Osprey aircraft.
Sec. 214. Joint biological defense program.
Sec. 215. Report on V-22 Osprey aircraft before decision to resume
flight testing.
Sec. 216. Big Crow Program and Defense Systems Evaluation program.
Subtitle C--Other Matters
Sec. 231. Technology Transition Initiative.
Sec. 232. Communication of safety concerns between operational testing
and evaluation officials and program managers.
Sec. 233. Supplemental Authorization of Appropriations for Fiscal Year
2001 for Research, Development, Test, and Evaluation
Defense-wide.
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. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 305. Amount for impact aid for children with severe disabilities.
Sec. 306. Improvements in instrumentation and targets at Army live fire
training ranges.
Sec. 307. Environmental Restoration, Formerly Used Defense Sites.
Sec. 308. Authorization of additional funds.
Sec. 309. Funds for renovation of Department of Veterans Affairs
facilities adjacent to Naval Training Center, Great
Lakes, Illinois.
Subtitle B--Environmental Provisions
Sec. 311. Establishment in environmental restoration accounts of sub-
accounts for unexploded ordnance and related
constituents.
Sec. 312. Assessment of environmental remediation of unexploded
ordnance and related constituents.
Sec. 313. Department of Defense energy efficiency program.
Sec. 314. Extension of pilot program for sale of air pollution emission
reduction incentives.
Sec. 315. Reimbursement of Environmental Protection Agency for certain
response costs in connection with Hooper Sands Site,
South Berwick, Maine.
Sec. 316. Conformity of surety authority under environmental
restoration program with surety authority under
superfund.
Sec. 317. Procurement of alternative fueled and hybrid electric light
duty trucks.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 321. Rebate agreements with producers of foods provided under the
special supplemental food program.
Sec. 322. Reimbursement for use of commissary facilities by military
departments for purposes other than commissary sales.
Sec. 323. Public releases of commercially valuable information of
commissary stores.
Subtitle D--Other Matters
Sec. 331. Codification of authority for Department of Defense support
for counterdrug activities of other governmental
agencies.
Sec. 332. Exclusion of certain expenditures from limitation on private
sector performance of depot-level maintenance.
Sec. 333. Repair, restoration, and preservation of Lafayette Escadrille
Memorial, Marnes la-Coquette, France.
Sec. 334. Implementation of the Navy-Marine Corps Intranet contract.
Sec. 335. Revision of authority to waive limitation on performance of
depot-level maintenance.
Sec. 336. Reauthorization of warranty claims recovery pilot program.
Sec. 337. Funding for land forces readiness-information operations
sustainment.
Sec. 338. Defense Language Institute Foreign Language Center expanded
Arabic language program.
Sec. 339. Consequence management training.
Sec. 340. Critical infrastructure protection initiative of the Navy.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Authorized daily average active duty strength for Navy
enlisted members in pay grade E-8.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of reserve personnel serving on active
duty or full-time National Guard duty in certain grades
for administration of reserve components.
Sec. 416. Strength and grade limitation accounting for reserve
component members on active duty in support of a
contingency operation.
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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. General officer positions.
Sec. 502. Reduction of time-in-grade requirement for eligibility for
promotion of first lieutenants and lieutenants (junior
grade).
Sec. 503. Promotion of officers to the grade of captain in the Army,
Air Force, or Marine Corps or to the grade of lieutenant
in the Navy without selection board action.
Sec. 504. Authority to adjust date of rank.
Sec. 505. Extension of deferments of retirement or separation for
medical reasons.
Sec. 506. Exemption from administrative limitations of retired members
ordered to active duty as defense and service attaches.
Sec. 507. Certifications of satisfactory performance for retirements of
officers in grades above major general and rear admiral.
Sec. 508. Effective date of mandatory separation or retirement of
regular officer delayed by a suspension of certain laws
under emergency authority of the President.
Sec. 509. Detail and grade of officer in charge of the United States
Navy Band.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Reauthorization and expansion of temporary waiver of the
requirement for a baccalaureate degree for promotion of
certain reserve officers of the Army.
Sec. 512. Status list of reserve officers on active duty for a period
of three years or less.
Sec. 513. Equal treatment of Reserves and full-time active duty members
for purposes of managing deployments of personnel.
Sec. 514. Modification of physical examination requirements for members
of the Individual Ready Reserve.
Sec. 515. Members of reserve components afflicted while remaining
overnight at duty station within commuting distance of
home.
Sec. 516. Retirement of reserve personnel without request.
Sec. 517. Space-required travel by Reserves on military aircraft.
Subtitle C--Education and Training
Sec. 531. Improved benefits under the Army College First program.
Sec. 532. Repeal of limitation on number of Junior Reserve Officers'
Training Corps units.
Sec. 533. Acceptance of fellowships, scholarships, or grants for legal
education of officers participating in the funded legal
education program.
Sec. 534. Grant of degree by Defense Language Institute Foreign
Language Center.
Sec. 535. Authority for the Marine Corps University to award the degree
of master of strategic studies.
Sec. 536. Foreign persons attending the service academies.
Sec. 537. Expansion of financial assistance program for health-care
professionals in reserve components to include students
in programs of education leading to initial degree in
medicine or dentistry.
Sec. 538. Pilot program for Department of Veterans Affairs support for
graduate medical education and training of medical
personnel of the Armed Forces.
Sec. 539. Transfer of entitlement to educational assistance under
Montgomery GI Bill by members of the Armed Forces with
critical military skills.
Sec. 540. Participation of regular members of the Armed Forces in the
Senior Reserve Officers' Training Corps.
Subtitle D--Decorations, Awards, and Commendations
Sec. 551. Authority for award of the Medal of Honor to Humbert R.
Versace for valor during the Vietnam War.
Sec. 552. Review regarding award of Medal of Honor to certain Jewish
American war veterans.
Sec. 553. Issuance of duplicate and replacement Medals of Honor.
Sec. 554. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 555. Sense of Senate on issuance of Korea Defense Service Medal.
Sec. 556. Retroactive Medal of Honor special pension.
Subtitle E--Funeral Honors Duty
Sec. 561. Active duty end strength exclusion for Reserves on active
duty or full-time National Guard duty for funeral honors
duty.
Sec. 562. Participation of retirees in funeral honors details.
Sec. 563. Benefits and protections for members in a funeral honors duty
status.
Sec. 564. Military leave for civilian employees serving as military
members of funeral honors detail.
Subtitle F--Uniformed Services Overseas Voting
Sec. 571. Sense of the Senate regarding the importance of voting by
members of the uniformed services.
Sec. 572. Standard for invalidation of ballots cast by absent uniformed
services voters in Federal elections.
Sec. 573. Guarantee of residency for military personnel.
Sec. 574. Extension of registration and balloting rights for absent
uniformed services voters to State and local elections.
Sec. 575. Use of single application as a simultaneous absentee voter
registration application and absentee ballot application.
Sec. 576. Use of single application for absentee ballots for all
Federal elections.
Sec. 577. Electronic voting demonstration project.
Sec. 578. Federal voting assistance program.
Sec. 579. Maximization of access of recently separated uniformed
services voters to the polls.
Sec. 580. Governors' reports on implementation of Federal voting
assistance program recommendations.
Subtitle G--Other Matters
Sec. 581. Persons authorized to be included in surveys of military
families regarding Federal programs.
Sec. 582. Correction and extension of certain Army recruiting pilot
program authorities.
Sec. 583. Offense of drunken operation of a vehicle, aircraft, or
vessel under the Uniform Code of Military Justice.
Sec. 584. Authority of civilian employees to act as notaries.
Sec. 585. Review of actions of selection boards.
Sec. 586. Acceptance of voluntary legal assistance for the civil
affairs of members and former members of the uniformed
services and their dependents.
Sec. 587. Extension of Defense Task Force on Domestic Violence.
Sec. 588. Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II.
Sec. 589. Report on health and disability benefits for pre-accession
training and education programs.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers with
prior service as an enlisted member or warrant officer.
Sec. 603. Reserve component compensation for distributed learning
activities performed as inactive-duty training.
Sec. 604. Clarifications for transition to reformed basic allowance for
subsistence.
Sec. 605. Increase of basic allowance for housing in the United States.
Sec. 606. Clarification of eligibility for supplemental subsistence
allowance.
Sec. 607. Correction of limitation on additional uniform allowance for
officers.
Sec. 608. Payment for unused leave in excess of 60 days accrued by
members of reserve components on active duty for one year
or less.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 615. Hazardous duty pay for members of maritime visit, board,
search, and seizure teams.
Sec. 616. Submarine duty incentive pay rates.
Sec. 617. Career sea pay.
Sec. 618. Modification of eligibility requirements for Individual Ready
Reserve bonus for reenlistment, enlistment, or extension
of enlistment.
Sec. 619. Accession bonus for officers in critical skills.
Sec. 620. Modification of the nurse officer candidate accession program
restriction on students attending civilian educational
institutions with Senior Reserve Officers' Training
Programs.
Sec. 621. Eligibility for certain career continuation bonuses for early
commitment to remain on active duty.
Sec. 622. Hostile fire or imminent danger pay.
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Subtitle C--Travel and Transportation Allowances
Sec. 631. Eligibility for temporary housing allowance while in travel
or leave status between permanent duty stations.
Sec. 632. Eligibility for payment of subsistence expenses associated
with occupancy of temporary lodging incident to reporting
to first permanent duty station.
Sec. 633. Eligibility for dislocation allowance.
Sec. 634. Allowance for dislocation for the convenience of the
Government at home station.
Sec. 635. Travel and transportation allowances for family members to
attend the burial of a deceased member of the uniformed
services.
Sec. 636. Family separation allowance for members electing
unaccompanied tour by reason of health limitations of
dependents.
Sec. 637. Funded student travel for foreign study under an education
program approved by a United States school.
Sec. 638. Transportation or storage of privately owned vehicles on
change of permanent station.
Subtitle D--Matters Relating to Retirement and Survivor Benefits
Sec. 651. Payment of retired pay and compensation to disabled military
retirees.
Sec. 652. SBP eligibility of survivors of retirement-ineligible members
of the uniformed services who die while on active duty.
Subtitle E--Other Matters
Sec. 661. Education savings plan for reenlistments and extensions of
service in critical specialties.
Sec. 662. Commissary benefits for new members of the Ready Reserve.
Sec. 663. Authorization of transitional compensation and commissary and
exchange benefits for dependents of commissioned officers
of the Public Health Service and the National Oceanic and
Atmospheric Administration who are separated for
dependent abuse.
Subtitle F--National Emergency Family Support
Sec. 681. Child care and youth assistance.
Sec. 682. Family education and support services.
TITLE VII--HEALTH CARE
Subtitle A--TRICARE Benefits Modernization
Sec. 701. Requirement for integration of benefits.
Sec. 702. Domiciliary and custodial care.
Sec. 703. Long term care.
Sec. 704. Extended benefits for disabled beneficiaries.
Sec. 705. Conforming repeals.
Sec. 706. Prosthetics and hearing aids.
Sec. 707. Durable medical equipment.
Sec. 708. Rehabilitative therapy.
Sec. 709. Mental health benefits.
Sec. 710. Effective date.
Subtitle B--Other Matters
Sec. 711. Repeal of requirement for periodic screenings and
examinations and related care for members of Army Reserve
units scheduled for early deployment.
Sec. 712. Clarification of eligibility for reimbursement of travel
expenses of adult accompanying patient in travel for
specialty care.
Sec. 713. TRICARE program limitations on payment rates for
institutional health care providers and on balance
billing by institutional and noninstitutional health care
providers.
Sec. 714. Two-year extension of health care management demonstration
program.
Sec. 715. Study of health care coverage of members of the Selected
Reserve.
Sec. 716. Study of adequacy and quality of health care provided to
women under the defense health program.
Sec. 717. Pilot program for Department of Veterans Affairs support for
Department of Defense in the performance of separation
physical examinations.
Sec. 718. Modification of prohibition on requirement of nonavailability
statement or preauthorization.
Sec. 719. Transitional health care to members separated from active
duty.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Procurement Management and Administration
Sec. 801. Management of procurements of services.
Sec. 802. Savings goals for procurements of services.
Sec. 803. Competition requirement for purchases pursuant to multiple
award contracts.
Sec. 804. Risk reduction at initiation of major defense acquisition
program.
Sec. 805. Follow-on production contracts for products developed
pursuant to prototype projects.
Subtitle B--Defense Acquisition and Support Workforce
Sec. 811. Report on implementation of recommendations of the
Acquisition 2005 Task Force.
Sec. 812. Moratorium on reduction of the defense acquisition and
support workforce.
Sec. 813. Revision of acquisition workforce qualification requirements.
Subtitle C--Use of Preferred Sources
Sec. 821. Applicability of competition requirements to purchases from a
required source.
Sec. 822. Consolidation of contract requirements.
Sec. 823. Codification and continuation of Mentor-Protege Program as
permanent program.
Sec. 824. Hubzone small business concerns.
Subtitle D--Amendments to General Contracting Authorities, Procedures,
and Related Matters
Sec. 831. Amendments to conform with administrative changes in
acquisition phase and milestone terminology and to make
related adjustments in certain requirements applicable at
milestone transition points.
Sec. 832. Inapplicability of limitation to small purchases of miniature
or instrument ball or roller bearings under certain
circumstances.
Sec. 833. Insensitive munitions program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Organization and Management
Sec. 901. Deputy Under Secretary of Defense for Personnel and
Readiness.
Sec. 902. Responsibility of Under Secretary of the Air Force for
acquisition of space launch vehicles and services.
Sec. 903. Sense of Congress regarding the selection of officers for
assignment as the Commander in Chief, United States
Transportation Command.
Sec. 904. Organizational realignment for Navy Director for
Expeditionary Warfare.
Sec. 905. Revised requirements for content of annual report on joint
warfighting experimentation.
Sec. 906. Suspension of reorganization of engineering and technical
authority policy within the Naval Sea Systems Command.
Sec. 907. Conforming amendments relating to change of name of Air
Mobility Command.
Subtitle B--Organization and Management of Space Activities
Sec. 911. Establishment of position of Under Secretary of Defense for
Space, Intelligence, and Information.
Sec. 912. Responsibility for space programs.
Sec. 913. Major force program category for space programs.
Sec. 914. Assessment of implementation of recommendations of Commission
To Assess United States National Security Space
Management and Organization.
Sec. 915. Grade of commander of Air Force Space Command.
Sec. 916. Sense of Congress regarding grade of officer assigned as
Commander of United States Space Command.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Reduction in authorizations of appropriations for Department
of Defense for management efficiencies.
Sec. 1003. Authorization of supplemental appropriations for fiscal year
2001.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2002.
Sec. 1005. Clarification of applicability of interest penalties for
late payment of interim payments due under contracts for
services.
Sec. 1006. Reliability of Department of Defense financial statements.
Sec. 1007. Financial Management Modernization Executive Committee and
financial feeder systems compliance process.
Sec. 1008. Combating Terrorism Readiness Initiatives Fund for combatant
commands.
Sec. 1009. Authorization of additional funds.
Sec. 1010. Authorization of 2001 Emergency Supplemental Appropriations
Act for recovery from and response to terrorist attacks
on the United States.
Subtitle B--Strategic Forces
Sec. 1011. Repeal of limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1012. Bomber force structure.
Sec. 1013. Additional element for revised nuclear posture review.
Subtitle C--Reporting Requirements
Sec. 1021. Information and recommendations on congressional reporting
requirements applicable to the Department of Defense.
Sec. 1022. Report on combating terrorism.
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Sec. 1023. Revised requirement for Chairman of the Joint Chiefs of
Staff to advise Secretary of Defense on the assignment of
roles and missions to the Armed Forces.
Sec. 1024. Revision of deadline for annual report on commercial and
industrial activities.
Sec. 1025. Production and acquisition of vaccines for defense against
biological warfare agents.
Sec. 1026. Extension of times for Commission on the Future of the
United States Aerospace Industry to report and to
terminate.
Sec. 1027. Comptroller General study and report on interconnectivity of
National Guard Distributive Training Technology Project
networks and related public and private networks.
Subtitle D--Armed Forces Retirement Home
Sec. 1041. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1042. Definitions.
Sec. 1043. Revision of authority establishing the Armed Forces
Retirement Home.
Sec. 1044. Chief Operating Officer.
Sec. 1045. Residents of Retirement Home.
Sec. 1046. Local boards of trustees.
Sec. 1047. Directors, Deputy Directors, and staff of facilities.
Sec. 1048. Disposition of effects of deceased persons and unclaimed
property.
Sec. 1049. Transitional provisions.
Sec. 1050. Conforming and clerical amendments and repeals of obsolete
provisions.
Sec. 1051. Amendments of other laws.
Subtitle E--Other Matters
Sec. 1061. Requirement to conduct certain previously authorized
educational programs for children and youth.
Sec. 1062. Authority to ensure demilitarization of significant military
equipment formerly owned by the Department of Defense.
Sec. 1063. Conveyances of equipment and related materials loaned to
State and local governments as assistance for emergency
response to a use or threatened use of a weapon of mass
destruction.
Sec. 1064. Authority to pay gratuity to members of the Armed Forces and
civilian employees of the United States for slave labor
performed for Japan during World War II.
Sec. 1065. Retention of travel promotional items.
Sec. 1066. Radiation Exposure Compensation Act mandatory
appropriations.
Sec. 1067. Leasing of Navy ships for University National Oceanographic
Laboratory System.
Sec. 1068. Small business procurement competition.
Sec. 1069. Chemical and biological protective equipment for military
and civilian personnel of the Department of Defense.
Sec. 1070. Authorization of the sale of goods and services by the Naval
Magazine, Indian Island.
Sec. 1071. Assistance for firefighters.
Sec. 1072. Plan to ensure embarkation of civilian guests does not
interfere with operational readiness and safe operation
of Navy vessels.
Sec. 1073. Modernizing and enhancing missile wing helicopter support--
study and plan.
Sec. 1074. Sense of the Senate that the Secretary of the Treasury
should immediately issue savings bonds, to be designated
as ``Unity Bonds'', in response to the terrorist attacks
against the United States on September 11, 2001.
Sec. 1075. Personnel pay and qualifications authority for Department of
Defense Pentagon Reservation civilian law enforcement and
security force.
Sec. 1076. Waiver of vehicle weight limits during periods of national
emergency.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Subtitle A--Intelligence Personnel
Sec. 1101. Authority to increase maximum number of positions in the
Defense Intelligence Senior Executive Service.
Sec. 1102. Continued applicability of certain civil service protections
for employees integrated into the National Imagery and
Mapping Agency from the Defense Mapping Agency.
Subtitle B--Matters Relating to Retirement
Sec. 1111. Federal employment retirement credit for nonappropriated
fund instrumentality service.
Sec. 1112. Improved portability of retirement coverage for employees
moving between civil service employment and employment by
nonappropriated fund instrumentalities.
Sec. 1113. Repeal of limitations on exercise of voluntary separation
incentive pay authority and voluntary early retirement
authority.
Subtitle C--Other Matters
Sec. 1121. Housing allowance for the chaplain for the Corps of Cadets
at the United States Military Academy.
Sec. 1122. Study of adequacy of compensation provided for teachers in
the Department of Defense overseas dependents' schools.
Sec. 1123. Pilot program for payment of retraining expenses incurred by
employers of persons involuntarily separated from
employment by the Department of Defense.
Sec. 1124. Participation of personnel in technical standards
development activities.
Sec. 1125. Authority to exempt certain health care professionals from
examination for appointment in the competitive civil
service.
Sec. 1126. Professional credentials.
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. Chemical weapons destruction.
Sec. 1204. Management of Cooperative Threat Reduction programs and
funds.
Sec. 1205. Additional matter in annual report on activities and
assistance under Cooperative Threat Reduction programs.
Subtitle B--Other Matters
Sec. 1211. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1212. Cooperative research and development projects with NATO and
other countries.
Sec. 1213. International cooperative agreements on use of ranges and
other facilities for testing of defense equipment.
Sec. 1214. Clarification of authority to furnish nuclear test
monitoring equipment to foreign governments.
Sec. 1215. Participation of government contractors in chemical weapons
inspections at United States Government facilities under
the Chemical Weapons Convention.
Sec. 1216. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1217. Acquisition of logistical support for security forces.
Sec. 1218. Personal services contracts to be performed by individuals
or organizations abroad.
Sec. 1219. Allied defense burdensharing.
Sec. 1220. Release of restriction on use of certain vessels previously
authorized to be sold.
TITLE XIII--CONTINGENT AUTHORIZATION OF APPROPRIATIONS
Sec. 1301. Authorization of appropriations contingent on increased
allocation of new budget authority.
Sec. 1302. Reductions.
Sec. 1303. Reference to Concurrent Resolution on the Budget for Fiscal
Year 2002.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2001 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2001 projects.
Sec. 2206. Modification of authority to carry out fiscal year 2000
project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2001 project.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
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Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Cancellation of authority to carry out certain fiscal year
2001 projects.
Sec. 2405. Cancellation of authority to carry out additional fiscal
year 2001 project.
Sec. 2406. Modification of authority to carry out certain fiscal year
2000 projects.
Sec. 2407. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2408. Modification of authority to carry out certain fiscal year
1995 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1999
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in thresholds for certain unspecified minor
military construction projects.
Sec. 2802. Unforeseen environmental hazard remediation as basis for
authorized cost variations for military construction and
family housing construction projects.
Sec. 2803. Repeal of requirement for annual reports to Congress on
military construction and military family housing
activities.
Sec. 2804. Authority available for lease of property and facilities
under alternative authority for acquisition and
improvement of military housing.
Sec. 2805. Funds for housing allowances of members assigned to military
family housing under alternative authority for
acquisition and improvement of military housing.
Sec. 2806. Amendment of Federal Acquisition Regulation to treat
financing costs as allowable expenses under contracts for
utility services from utility systems conveyed under
privatization initiative.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Availability of proceeds of sales of Department of Defense
property from closed military installations.
Sec. 2812. Pilot efficient facilities initiative.
Sec. 2813. Demonstration program on reduction in long-term facility
maintenance costs.
Subtitle C--Land Conveyances
Sec. 2821. Land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2822. Modification of authority for conveyance of Naval Computer
and Telecommunications Station, Cutler, Maine.
Sec. 2823. Land transfer and conveyance, Naval Security Group Activity,
Winter Harbor, Maine.
Sec. 2824. Conveyance of segment of Loring Petroleum Pipeline, Maine,
and related easements.
Sec. 2825. Land conveyance, petroleum terminal serving former Loring
Air Force Base and Bangor Air National Guard Base, Maine.
Sec. 2826. Land conveyance, Naval Weapons Industrial Reserve Plant,
Toledo, Ohio.
Sec. 2827. Modification of land conveyance, Mukilteo Tank Farm,
Everett, Washington.
Sec. 2828. Land conveyances, Charleston Air Force Base, South Carolina.
Sec. 2829. Land conveyance, Fort Des Moines, Iowa.
Sec. 2830. Land conveyances, certain former Minuteman III ICBM
facilities in North Dakota.
Sec. 2831. Land acquisition, Perquimans County, North Carolina.
Sec. 2832. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin.
Sec. 2832. Treatment of amounts received.
Subtitle D--Other Matters
Sec. 2841. Development of United States Army Heritage and Education
Center at Carlisle Barracks, Pennsylvania.
Sec. 2842. Repeal of limitation on cost of renovation of Pentagon
Reservation.
Sec. 2843. Naming of Patricia C. Lamar Army National Guard Readiness
Center, Oxford, Mississippi.
Sec. 2844. Construction of parking garage at Fort DeRussy, Hawaii.
Sec. 2845. Acceptance of contributions to repair or establishment
memorial at Pentagon Reservation.
TITLE XXIX--DEFENSE BASE CLOSURE AND REALIGNMENT
Subtitle A--Modifications of 1990 Base Closure Law
Sec. 2901. Authority to carry out base closure round in 2003.
Sec. 2902. Base Closure Account 2003.
Sec. 2903. Additional modifications of base closure authorities.
Sec. 2904. Technical and clarifying amendments.
Subtitle B--Modification of 1988 Base Closure Law
Sec. 2911. Payment for certain services provided by redevelopment
authorities for property leased back by the United
States.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on minor construction projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
Sec. 3130. Transfer of weapons activities funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Limitation on availability of funds for weapons activities
for facilities and infrastructure.
Sec. 3132. Limitation on availability of funds for other defense
activities for national security programs administrative
support.
Sec. 3133. Nuclear Cities Initiative.
Sec. 3134. Construction of Department of Energy operations office
complex.
Subtitle D--Matters Relating to Management of National Nuclear Security
Administration
Sec. 3141. Establishment of position of Deputy Administrator for
Nuclear Security.
Sec. 3142. Responsibility for national security laboratories and
weapons production facilities of Deputy Administrator of
National Nuclear Security Administration for Defense
Programs.
Sec. 3143. Clarification of status within the Department of Energy of
administration and contractor personnel of the National
Nuclear Security Administration.
Sec. 3144. Modification of authority of Administrator for Nuclear
Security to establish scientific, engineering, and
technical positions.
Subtitle E--Other Matters
Sec. 3151. Improvements to Energy Employees Occupational Illness
Compensation Program.
Sec. 3152. Department of Energy counterintelligence polygraph program.
Sec. 3153. One-year extension of authority of Department of Energy to
pay voluntary separation incentive payments.
Sec. 3154. Additional objective for Department of Energy defense
nuclear facility work force restructuring plan.
Sec. 3155. Modification of date of report of Panel to Assess the
Reliability, Safety, and Security of the United States
Nuclear Stockpile.
Sec. 3156. Reports on achievement of milestones for National Ignition
Facility.
Sec. 3157. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3158. Improvements to Corral Hollow Road, Livermore, California.
Sec. 3159. Annual assessment and report on vulnerability of Department
of Energy facilities to terrorist attack.
Subtitle F--Rocky Flats National Wildlife Refuge
Sec. 3171. Short title.
Sec. 3172. Findings and purposes.
Sec. 3173. Definitions.
Sec. 3174. Future ownership and management.
[[Page H6950]]
Sec. 3175. Transfer of management responsibilities and jurisdiction
over Rocky Flats.
Sec. 3176. Continuation of environmental cleanup and closure.
Sec. 3177. Rocky Flats National Wildlife Refuge.
Sec. 3178. Comprehensive conservation plan.
Sec. 3179. Property rights.
Sec. 3180. Rocky Flats Museum.
Sec. 3181. Report on funding.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authority to dispose of certain materials in the National
Defense Stockpile.
Sec. 3302. Revision of limitations on required disposals of cobalt in
the National Defense Stockpile.
Sec. 3303. Acceleration of required disposal of cobalt in the National
Defense Stockpile.
Sec. 3304. Revision of restriction on disposal of manganese ferro.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
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.
SEC. 4. APPLICABILITY OF REPORT OF COMMITTEE ON ARMED
SERVICES OF THE SENATE.
Senate Report 107-62, the report of the Committee on Armed
Services of the Senate to accompany the bill S. 1416, 107th
Congress, 1st session, shall apply to this Act with the
exception of the portions of the report that relate to
sections 221 through 224.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Army as follows:
(1) For aircraft, $2,123,391,000.
(2) For missiles, $1,807,384,000.
(3) For weapons and tracked combat vehicles,
$2,276,746,000.
(4) For ammunition, $1,187,565,000.
(5) For other procurement, $4,024,486,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2002 for procurement for the Navy as follows:
(1) For aircraft, $8,169,043,000.
(2) For weapons, including missiles and torpedoes,
$1,503,475,000.
(3) For shipbuilding and conversion, $9,522,121,000.
(4) For other procurement, $4,293,476,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2002 for procurement for the
Marine Corps in the amount of $981,724,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2002 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $476,099,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Air Force as follows:
(1) For aircraft, $10,892,957,000.
(2) For ammunition, $885,344,000.
(3) For missiles, $3,286,136,000.
(4) For other procurement, $8,081,721,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for Defense-wide procurement in the amount of
$1,594,325,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Inspector General of the
Department of Defense in the amount of $2,800,000.
SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
There is hereby authorized to be appropriated for the
Office of the Secretary of Defense for fiscal year 2002 the
amount of $1,153,557,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$267,915,000.
Subtitle B--Army Programs
(Reserved)
Subtitle C--Navy Programs
SEC. 121. VIRGINIA CLASS SUBMARINE PROGRAM.
Section 123(b)(1) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-25) is amended--
(1) by striking ``five Virginia class submarines'' and
inserting ``seven Virginia class submarines''; and
(2) by striking ``through 2006'' and inserting ``2007''.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A-18E/F
AIRCRAFT ENGINES.
Beginning with the 2002 program year, the Secretary of the
Navy may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear contract for the
procurement of engines for F/A-18E/F aircraft.
SEC. 123. V-22 OSPREY AIRCRAFT PROGRAM.
The production rate for V-22 Osprey aircraft may not be
increased above the minimum sustaining production rate for
which funds are authorized to be appropriated by this Act
until the Secretary of Defense certifies to Congress that
successful operational testing of the aircraft demonstrates
that--
(1) the solutions to the problems regarding the reliability
of hydraulic system components and flight control software
that were identified by the panel appointed by the Secretary
of Defense on January 5, 2001, to review the V-22 aircraft
program are adequate to achieve low risk for crews and
passengers aboard V-22 aircraft that are operating under
operational conditions;
(2) the V-22 aircraft can achieve reliability and
maintainability levels that are sufficient for the aircraft
to achieve operational availability at the level required for
fleet aircraft;
(3) the V-22 aircraft will be operationally effective--
(A) when employed in operations with other V-22 aircraft;
and
(B) when employed in operations with other types of
aircraft; and
(4) the V-22 aircraft can be operated effectively, taking
into consideration the downwash effects inherent in the
operation of the aircraft, when the aircraft--
(A) is operated in remote areas with unimproved terrain and
facilities;
(B) is deploying and recovering personnel--
(i) while hovering within the zone of ground effect; and
(ii) while hovering outside the zone of ground effect; and
(C) is operated with external loads.
SEC. 124. ADDITIONAL MATTER RELATING TO V-22 OSPREY AIRCRAFT.
Not later than 30 days before the recommencement of flights
of the V-22 Osprey aircraft, the Secretary of Defense shall
submit to Congress notice of the waiver, if any, of any item
capability or any other requirement specified in the Joint
Operational Requirements Document for the V-22 Osprey
aircraft, including a justification of each such waiver.
Subtitle D--Air Force Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C-17 AIRCRAFT.
Beginning with the 2002 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 up to 60 C-17 aircraft.
Subtitle E--Other Matters
SEC. 141. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED
ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES WITHOUT REGARD TO
AVAILABILITY FROM DOMESTIC SOURCES.
Section 141(a) 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 2001'' and inserting
``through 2002''.
SEC. 142. PROCUREMENT OF ADDITIONAL M291 SKIN DECONTAMINATION
KITS.
(a) Increase in Authorization of Appropriations for
Defense-Wide Procurement.--(1) The amount authorized to be
appropriated by section 104 for Defense-wide procurement is
hereby increased by $2,400,000, with the amount of the
increase available for the Navy for procurement of M291 skin
decontamination kits.
(2) The amount available under paragraph (1) for
procurement of M291 skin decontamination kits is in addition
to any other amounts available under this Act for procurement
of M291 skin decontamination kits.
(b) Offset.--The amount authorized to be appropriated by
section 201(4) for research, development, test, and
evaluation, Defense-wide, is hereby decreased by $2,400,000,
with the amount to be derived from the amount available for
the Technical Studies, Support and Analysis program.
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 2002 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $6,899,170,000.
(2) For the Navy, $11,134,806,000.
(3) For the Air Force, $14,459,457,000.
(4) For Defense-wide activities, $14,099,702,000, of which
$221,355,000 is authorized for the Director of Operational
Test and Evaluation.
(5) For the Defense Health Program, $65,304,000.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2002.--Of the amounts authorized to be
appropriated by section 201, $5,093,605,000 shall be
available for basic research and applied research projects.
[[Page H6951]]
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and
applied research'' means work funded in program elements for
defense research and development under Department of Defense
category 6.1 or 6.2.
SEC. 203. AUTHORIZATION OF ADDITIONAL FUNDS.
(a) Authorization.--The amount authorized to be
appropriated in section 201(1) is increased by $2,500,000 in
PE62303A214 for Enhanced Scramjet Mixing.
(b) Offset.--The amount authorized to be appropriated by
section 301(5) is reduced by $2,500,000.
SEC. 204. FUNDING FOR SPECIAL OPERATIONS FORCES COMMAND,
CONTROL, COMMUNICATIONS, COMPUTERS, AND
INTELLIGENCE SYSTEMS THREAT WARNING AND
SITUATIONAL AWARENESS PROGRAM.
(a) Increased Authorization of Appropriations for Research,
Development, Test, and Evaluation, Defense-Wide.--The amount
authorized to be appropriated by section 201(4) for research,
development, test, and evaluation, Defense-wide, is hereby
increased by $2,800,000.
(b) Availability.--Of the amount authorized to be
appropriated by section 201(4), as increased by subsection
(a), $2,800,000 may be available for the Special Operations
Forces Command, Control, Communications, Computers, and
Intelligence Systems Threat Warning and Situational Awareness
(PRIVATEER) program (PE1160405BB).
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities is hereby reduced by $2,800,000.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. F-22 AIRCRAFT PROGRAM.
(a) Repeal of Limitations on Total Cost of Engineering and
Manufacturing Development.--The following provisions of law
are repealed:
(1) Section 217(a) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660).
(2) Section 8125 of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 702).
(3) Section 219(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-38).
(b) Conforming Amendments.--(1) Section 217 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1660) is amended--
(A) in subsection (c)--
(i) by striking ``limitations set forth in subsections (a)
and (b)'' and inserting ``limitation set forth in subsection
(b)''; and
(ii) by striking paragraph (3); and
(B) in subsection (d)(2), by striking subparagraphs (D) and
(E).
(2) Section 131 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 536) is
amended--
(A) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) That the production phase for that program can be
executed within the limitation on total cost applicable to
that program under section 217(b) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1660).''; and
(B) in subsection (b)(3), by striking ``for the remainder
of the engineering and manufacturing development phase and''.
SEC. 212. C-5 AIRCRAFT RELIABILITY ENHANCEMENT AND
REENGINING.
The Secretary of the Air Force shall ensure that
engineering manufacturing and development under the C-5
aircraft reliability enhancement and reengining program
includes kit development for an equal number of C-5A and C-5B
aircraft.
SEC. 213. REVIEW OF ALTERNATIVES TO THE V-22 OSPREY AIRCRAFT.
(a) Requirement for Review.--The Under Secretary of Defense
for Acquisition, Technology, and Logistics shall conduct a
review of the requirements of the Marine Corps and the
Special Operations Command that the V-22 Osprey aircraft is
intended to meet in order to identify the potential
alternative means for meeting those requirements if the V-22
Osprey aircraft program were to be terminated.
(b) Matters To Be Included.--The requirements reviewed
shall include the following:
(1) The requirements to be met by an aircraft replacing the
CH-46 medium lift helicopter.
(2) The requirements to be met by an aircraft replacing the
MH-53 helicopter.
(c) Funding.--Of the amount authorized to be appropriated
by section 201(2), $5,000,000 shall be available for carrying
out the review required by this section.
SEC. 214. JOINT BIOLOGICAL DEFENSE PROGRAM.
Section 217(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-36) is amended by
striking ``funds authorized to be appropriated by this Act
may not'' and inserting ``no funds authorized to be
appropriated to the Department of Defense for fiscal year
2002 may''.
SEC. 215. REPORT ON V-22 OSPREY AIRCRAFT BEFORE DECISION TO
RESUME FLIGHT TESTING.
Not later than 30 days before the planned date to resume
flight testing of the V-22 Osprey aircraft, the Under
Secretary of Defense for Acquisition, Technology, and
Logistics shall submit to Congress a report containing the
following:
(1) A comprehensive description of the status of the
hydraulics system and flight control software of the V-22
Osprey Aircraft, including--
(A) a description and analysis of any deficiencies in the
hydraulics system and flight control software of the V-22
Osprey aircraft; and
(B) a description and assessment of the actions taken to
redress such deficiencies.
(2) A description of the current actions, and any proposed
actions, of the Department of Defense to implement the
recommendations of the Panel to Review the V-22 Program.
(3) An assessment of the recommendations of the National
Aeronautics and Space Administration in its report on
tiltrotor aeromechanics.
SEC. 216. BIG CROW PROGRAM AND DEFENSE SYSTEMS EVALUATION
PROGRAM.
(a) Increase in Authorization of Appropriations for
Research, Development, Test, and Evaluation, Defense-Wide.--
The amount authorized to be appropriated by section 201(4)
for research, development, test, and evaluation, Defense-
wide, is hereby increased by $6,500,000, with the amount of
the increase to be available for operational test and
evaluation (PE605118D).
(b) Availability of Funds.--Of the amount authorized to be
appropriated by section 201(4), as increased by subsection
(a)--
(1) $5,000,000 may be available for the Big Crow program;
and
(2) $1,500,000 may be available for the Defense Systems
Evaluation (DSE) program.
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities is hereby reduced by $6,500,000.
Subtitle C--Other Matters
SEC. 231. TECHNOLOGY TRANSITION INITIATIVE.
(a) Establishment and Conduct.--Chapter 139 of title 10,
United States Code, is amended by inserting after section
2354 the following new section 2355:
``Sec. 2355. 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 successfully demonstrate new technologies in
relevant environments.
``(2) 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 report directly to the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
``(3) The Initiative Manager shall--
``(A) in consultation with the Commander of the Joint
Forces Command, identify promising technologies that have
been demonstrated in science and technology programs of the
Department of Defense;
``(B) identify potential sponsors in the Department of
Defense to undertake the transition of such technologies into
production;
``(C) 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
``(D) provide funding support for selected projects as
provided under subsection (d).
``(d) Jointly Funded Projects.--(1) The senior procurement
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
Commander of the Joint Forces Command, shall select projects
for funding support from among the projects on the lists
submitted under paragraph (1). The Initiative Manager shall
provide funds, out of the Technology Transition Fund, for
each selected project. The total amount provided for a
project shall be an amount that equals or exceeds 50 percent
of the total cost of the project.
``(3) The senior procurement 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 senior procurement executive determines that
it is appropriate to do so to achieve the objectives of the
project.
``(e) Technology Transition Fund.--(1) There is established
in the Treasury of the United States a fund to be known as
the `Technology Transition Fund'.
``(2) Subject to the authority, direction, and control of
the Secretary of Defense, the
[[Page H6952]]
Initiative Manager shall administer the Fund consistent with
the provisions of this section.
``(3) Amounts appropriated for the Initiative shall be
deposited in the Fund.
``(4) Amounts in the Fund shall be available, to the extent
provided in appropriations Acts, for carrying out the
Initiative.
``(5) The President shall specify in the budget submitted
for a fiscal year pursuant to section 1105(a) of title 31 the
amount provided in that budget for the Initiative.
``(f) Definitions.--In this section:
``(1) The term `Initiative' means the Technology Transition
Initiative carried out under this section.
``(2) The term `Initiative Manager' means the official
designated to manage the Initiative under subsection (c).
``(3) The term `Fund' means the Technology Transition Fund
established under subsection (e).
``(4) The term `senior procurement 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)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2354 the following new item:
``2355. Technology Transition Initiative.''.
SEC. 232. COMMUNICATION OF SAFETY CONCERNS BETWEEN
OPERATIONAL TESTING AND EVALUATION OFFICIALS
AND PROGRAM MANAGERS.
Section 139 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) The Director shall ensure that safety concerns
developed during the operational test and evaluation of a
weapon system under a major defense acquisition program are
timely communicated to the program manager for consideration
in the acquisition decisionmaking process.''.
SEC. 233. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR
FISCAL YEAR 2001 FOR RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION DEFENSE-WIDE.
Section 201(4) of Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-32) is amended by
striking ``$10,873,712,000'' and inserting
``$10,874,712,000''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2002 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, $21,134,982,000.
(2) For the Navy, $26,927,931,000.
(3) For the Marine Corps, $2,911,339,000.
(4) For the Air Force, $25,993,582,000.
(5) For Defense-wide activities, $12,482,532,000.
(6) For the Army Reserve, $1,803,146,000.
(7) For the Naval Reserve, $1,000,369,000.
(8) For the Marine Corps Reserve, $142,956,000.
(9) For the Air Force Reserve, $2,029,866,000.
(10) For the Army National Guard, $3,697,659,000.
(11) For the Air National Guard, $4,037,161,000.
(12) For the Defense Inspector General, $149,221,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,096,000.
(14) For Environmental Restoration, Army, $389,800,000.
(15) For Environmental Restoration, Navy, $257,517,000.
(16) For Environmental Restoration, Air Force,
$385,437,000.
(17) For Environmental Restoration, Defense-wide,
$23,492,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $190,255,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $49,700,000.
(20) For Drug Interdiction and Counterdrug Activities,
Defense-wide, $860,381,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $60,000,000.
(22) For the Defense Health Program, $17,546,750,000.
(23) For Cooperative Threat Reduction programs,
$403,000,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,844,226,000.
(25) For Support for International Sporting Competitions,
Defense, $15,800,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $1,917,186,000.
(2) For the National Defense Sealift Fund, $506,408,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
(a) Amount for Fiscal Year 2002.--There is hereby
authorized to be appropriated for fiscal year 2002 from the
Armed Forces Retirement Home Trust Fund the sum of
$71,440,000 for the operation of the Armed Forces Retirement
Home, including the United States Soldiers' and Airmen's Home
and the Naval Home.
(b) Amounts Previously Authorized.--Of amounts appropriated
from the Armed Forces Retirement Home Trust Fund for fiscal
years before fiscal year 2002 by Acts enacted before the date
of the enactment of this Act, an amount of $22,400,000 shall
be available for those fiscal years, to the same extent as is
provided in appropriation Acts, for the development and
construction of a blended use, multicare facility at the
Naval Home and for the acquisition of a parcel of real
property adjacent to the Naval Home, consisting of
approximately 15 acres, more or less.
SEC. 304. 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 2002.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance
for Defense-wide activities, $35,000,000 shall be available
only for the purpose of providing educational agencies
assistance (as defined in subsection (d)(1)) to local
educational agencies.
(b) Notification.--Not later than June 30, 2002, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2002 of--
(1) that agency's eligibility for educational agencies
assistance; and
(2) the amount of the educational agencies assistance 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. 305. AMOUNT FOR IMPACT AID FOR CHILDREN WITH SEVERE
DISABILITIES.
Of the amount authorized to be appropriated under section
301(5), $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).
SEC. 306. IMPROVEMENTS IN INSTRUMENTATION AND TARGETS AT ARMY
LIVE FIRE TRAINING RANGES.
(a) Increase in Authorization of Appropriations for
Operation and Maintenance, Army.--The amount authorized to be
appropriated by section 301(1) for the Army for operation and
maintenance is hereby increased by $11,900,000 for
improvements in instrumentation and targets at Army live fire
training ranges.
(b) Offset.--The amount authorized to be appropriated by
section 302(1) for the Department of Defense for the Defense
Working Capital Funds is hereby decreased by $11,900,000,
with the amount of the decrease to be allocated to amounts
available under that section for fuel purchases.
SEC. 307. ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE
SITES.
Of the funds authorized to be appropriated for section 301,
$230,255,000 shall be available for Environmental
Restoration, Formerly Used Defense Sites.
SEC. 308. AUTHORIZATION OF ADDITIONAL FUNDS.
Of the amount authorized to be appropriated by section
301(5), $2,000,000 may be available for the replacement and
refurbishment of air handlers and related control systems at
Air Force medical centers.
SEC. 309. FUNDS FOR RENOVATION OF DEPARTMENT OF VETERANS
AFFAIRS FACILITIES ADJACENT TO NAVAL TRAINING
CENTER, GREAT LAKES, ILLINOIS.
(a) Availability of Funds for Renovation.--Subject to
subsection (b), of the amount authorized to be appropriated
by section 301(2) for operations and maintenance for the
Navy, the Secretary of the Navy may make available to the
Secretary of Veterans Affairs up to $2,000,000 for relocation
of Department of Veterans Affairs activities and associated
renovation of existing facilities at the North Chicago
Department of Veterans Affairs Medical Center.
(b) Limitation.--The Secretary of the Navy may make funds
available under subsection (a) only after the Secretary of
the Navy and the Secretary of Veterans Affairs enter into an
appropriate agreement for the use by the Secretary of the
Navy of approximately 48 acres of real property at the North
Chicago Department of Veterans Affairs property referred to
in subsection (a) for expansion of the Naval Training Center,
Great Lakes, Illinois.
Subtitle B--Environmental Provisions
SEC. 311. ESTABLISHMENT IN ENVIRONMENTAL RESTORATION ACCOUNTS
OF SUB-ACCOUNTS FOR UNEXPLODED ORDNANCE AND
RELATED CONSTITUENTS.
Section 2703 of title 10, United States Code, is amended--
[[Page H6953]]
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Sub-Accounts for Unexploded Ordnance and Related
Constituents.--There is hereby established within each
environmental restoration account established under
subsection (a) a sub-account to be known as the
`Environmental Restoration Sub-Account, Unexploded Ordnance
and Related Constituents', for the account concerned.''.
SEC. 312. ASSESSMENT OF ENVIRONMENTAL REMEDIATION OF
UNEXPLODED ORDNANCE AND RELATED CONSTITUENTS.
(a) Report Required.--The report submitted to Congress
under section 2706(a) of title 10, United States Code, in
2002 shall include, in addition to the matters required by
such section, a comprehensive assessment of the extent of
unexploded ordnance and related constituents at current and
former facilities of the Department of Defense.
(b) Elements.--The assessment included under subsection (a)
in the report referred to in that subsection shall include,
at a minimum--
(1) an estimate of the aggregate projected costs of the
remediation of unexploded ordnance and related constituents
at all active facilities of the Department;
(2) an estimate of the aggregate projected costs of the
remediation of unexploded ordnance and related constituents
at all installations that are being, or have been, closed or
realigned under the base closure laws as of the date of the
report under subsection (a);
(3) an estimate of the aggregate projected costs of the
remediation of unexploded ordnance and related constituents
at all formerly used defense sites;
(4) a comprehensive plan for addressing the unexploded
ordinance and related constituents referred to in paragraphs
(1) through (3), including an assessment of the funding
required and the period of time over which such funding will
be provided; and
(5) an assessment of the technology available for the
remediation of unexploded ordnance and related constituents,
an assessment of the impact of improved technology on the
cost of remediation of such ordnance and constituents, and a
plan for the development and utilization of such improved
technology.
(c) Requirements for Estimates.--(1) The estimates of
aggregate projected costs under each of paragraphs (1), (2),
and (3) of subsection (b) shall--
(A) be stated as a range of aggregate projected costs,
including a low estimate and a high estimate;
(B) set forth the differing assumptions underlying each
such low estimate and high estimate, including--
(i) any public uses for the facilities, installations, or
sites concerned that will be available after the remediation
has been completed;
(ii) the extent of the cleanup required to make the
facilities, installations, or sites concerned available for
such uses; and
(iii) the technologies to be applied to utilized this
purpose; and
(C) include, and identify separately, an estimate of the
aggregate projected costs of the remediation of any ground
water contamination that may be caused by unexploded ordnance
and related constituents at the facilities, installations, or
sites concerned.
(2) The high estimate of the aggregate projected costs for
facilities and installations under paragraph (1)(A) shall be
based on the assumption that all unexploded ordnance and
related constituents at such facilities and installations
will be addressed, regardless of whether there are any
current plans to close such facilities or installations or
discontinue training at such facilities or installations.
(3) The estimate of the aggregate projected costs of
remediation of ground water contamination under paragraph
(1)(C) shall be based on a comprehensive assessment of the
risk of such contamination and of the actions required to
protect the ground water supplies concerned.
SEC. 313. DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAM.
(a) In General.--The Secretary of Defense shall carry out a
program to significantly improve the energy efficiency of
Department of Defense facilities through 2010.
(b) Responsible Officials.--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 program shall
be to achieve reductions in energy consumption by Department
facilities 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 energy-efficient products;
(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) Reports.-- Not later than January 1, 2002, and annually
thereafter through 2010, the Secretary shall submit to the
congressional defense committees a report on progress made
toward achieving the goals set forth in subsection (c). Each
report shall include, at a minimum--
(1) the percentage reduction in energy consumption
accomplished as of the date of such report by the Department,
and by each of the military departments, in facilities
covered by the goals set forth in subsection (c)(1);
(2) the percentage reduction in energy consumption
accomplished as of the date of such report by the Department,
and by each of the military departments, in facilities
covered by the goals set forth in subsection (c)(2); and
(3) the steps taken by the Department, and by each of the
military departments, to implement the energy efficiency
strategies required by subsection (d) in the preceding
calendar year.
SEC. 314. EXTENSION OF PILOT PROGRAM FOR SALE OF AIR
POLLUTION EMISSION REDUCTION INCENTIVES.
Section 351(a)(2) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 2701 note)
is amended by striking ``September 30, 2001'' and inserting
``September 30, 2003''.
SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN RESPONSE COSTS IN CONNECTION WITH
HOOPER SANDS SITE, SOUTH BERWICK, MAINE.
(a) Authority To Reimburse.--Using amounts specified in
subsection (c), the Secretary of the Navy may pay $1,005,478
to the Hooper Sands Special Account within the Hazardous
Substance Superfund established by section 9507 of the
Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse
the Environmental Protection Agency for the response costs
incurred by the Environmental Protection Agency for actions
taken between May 12, 1992, and July 31, 2000, pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) at the Hooper
Sands site in South Berwick, Maine, in accordance with the
Interagency Agreement entered into by the Department of the
Navy and the Environmental Protection Agency in January 2001.
(b) Treatment of Reimbursement.--Payment of the amount
authorized by subsection (a) shall be in full satisfaction of
amounts due from the Department of the Navy to the
Environmental Protection Agency for the response costs
described in that subsection.
(c) Source of Funds.--Payment under subsection (a) shall be
made using amounts authorized to be appropriated by section
301(15) to the Environmental Restoration Account, Navy,
established by section 2703(a)(3) of title 10, United States
Code.
SEC. 316. CONFORMITY OF SURETY AUTHORITY UNDER ENVIRONMENTAL
RESTORATION PROGRAM WITH SURETY AUTHORITY UNDER
SUPERFUND.
Section 2701(j)(1) of title 10, United States Code, is
amended by striking ``or after December 31, 1999''.
SEC. 317. PROCUREMENT OF ALTERNATIVE FUELED AND HYBRID
ELECTRIC 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 electric 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
electric 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
(42 U.S.C. 13212) 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
[[Page H6954]]
(C) to adjust to limitations on the commercial availability
of light duty trucks that are hybrid electric 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 (42 U.S.C. 13212) 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 electric 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 electric 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 (42 U.S.C. 13212) 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 electric 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 (43 U.S.C. 13211).
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 321. REBATE AGREEMENTS WITH PRODUCERS OF FOODS PROVIDED
UNDER THE SPECIAL SUPPLEMENTAL FOOD PROGRAM.
Section 1060a(b) of title 10, United States Code, is
amended--
(1) by striking ``(b) Funding Mechanism.--'' and inserting
``(b) Funding.--(1); and
(2) by adding at the end the following new paragraph:
``(2)(A) In the administration of the program under this
section, the Secretary of Defense may enter into a contract
with a producer of a particular brand of food that provides
for--
``(i) the Secretary of Defense to procure that particular
brand of food, exclusive of other brands of the same or
similar food, for the purpose of providing the food in
commissary stores of the Department of Defense as a
supplemental food under the program; and
``(ii) the producer to rebate to the Department of Defense
amounts equal to agreed portions of the amounts paid by the
department for the procurement of that particular brand of
food for the program.
``(B) The Secretary shall use competitive procedures under
chapter 137 of this title for entering into contracts under
this paragraph.
``(C) The period covered by a contract entered into under
this paragraph may not exceed one year. No such contract may
be extended by a modification of the contract, by exercise of
an option, or by any other means. Nothing in this
subparagraph prohibits a contractor under a contract entered
into under this paragraph for any year from submitting an
offer for, and being awarded, a contract that is to be
entered into under this paragraph for a successive year.
``(D) Amounts rebated under a contract entered into under
subparagraph (A) shall be credited to the appropriation
available for carrying out the program under this section in
the fiscal year in which rebated, shall be merged with the
other sums in that appropriation, and shall be available for
the program for the same period as the other sums in the
appropriation.''.
SEC. 322. REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY
MILITARY DEPARTMENTS FOR PURPOSES OTHER THAN
COMMISSARY SALES.
(a) Requirement.--Chapter 147 of title 10, United States
Code, is amended by inserting after section 2482a the
following new section:
``Sec. 2483. Commissary stores: reimbursement for use of
commissary facilities by military departments
``(a) Payment Required.--The Secretary of a military
department shall pay the Defense Commissary Agency the amount
determined under subsection (b) for any use of a commissary
facility by the military department for a purpose other than
commissary sales or operations in support of commissary
sales.
``(b) Amount.--The amount payable under subsection (a) for
use of a commissary facility by a military department shall
be equal to the share of depreciation of the facility that is
attributable to that use, as determined under regulations
prescribed by the Secretary of Defense.
``(c) Covered Facilities.--This section applies with
respect to a commissary facility that is acquired,
constructed, converted, expanded, installed, or otherwise
improved (in whole or in part) with the proceeds of an
adjustment or surcharge applied under section 2486(c) of this
title.
``(d) Crediting of Payments.--The Director of the Defense
Commissary Agency shall credit amounts paid under this
section for use of a facility to an appropriate account to
which proceeds of an adjustment or surcharge referred to in
subsection (c) are credited.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2482a the following new item:
``2483. Commissary stores: reimbursement for use of commissary
facilities by military departments.''.
SEC. 323. PUBLIC RELEASES OF COMMERCIALLY VALUABLE
INFORMATION OF COMMISSARY STORES.
(a) Limitations and Authority.--Section 2487 of title 10,
United States Code, is amended to read as follows:
``Sec. 2487. Commissary stores: release of certain
commercially valuable information to the public
``(a) Authority To Limit Release.--(1) The Secretary of
Defense may limit the release to the public of any
information described in paragraph (2) if the Secretary
determines that it is in the best interest of the Department
of Defense to limit the release of such information. If the
Secretary determines to limit the release of any such
information, the Secretary may provide for limited release of
such information in accordance with subsection (b).
``(2) Paragraph (1) applies to the following:
``(A) Information contained in the computerized business
systems of commissary stores or the Defense Commissary Agency
that is collected through or in connection with the use of
electronic scanners in commissary stores, including the
following information:
``(i) Data relating to sales of goods or services.
``(ii) Demographic information on customers.
``(iii) Any other information pertaining to commissary
transactions and operations.
``(B) Business programs, systems, and applications
(including software) relating to commissary operations that
were developed with funding derived from commissary
surcharges.
``(b) Release Authority.--(1) The Secretary of Defense may,
using competitive procedures, enter into a contract to sell
information described in subsection (a)(2).
``(2) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to--
``(A) the manufacturer or producer of that item; or
``(B) the manufacturer or producer's agent when necessary
to accommodate electronic ordering of the item by commissary
stores.
``(3) The Secretary of Defense may, by contract entered
into with a business, grant to the business a license to use
business programs referred to in subsection (a)(2)(B),
including software used in or comprising any such program.
The fee charged for the license shall be based on the costs
of similar programs developed and marketed by businesses in
the private sector, determined by means of surveys.
``(4) Each contract entered into under this subsection
shall specify the amount to be paid for information released
or a license granted under the contract, as the case may be.
``(c) Form of Release.--Information described in subsection
(a)(2) may not be released, under subsection (b) or
otherwise, in a form that identifies any customer or that
provides information making it possible to identify any
customer.
``(d) Receipts.--Amounts received by the Secretary under
this section shall be credited to funds derived from
commissary surcharges, shall be merged with those funds, and
shall be available for the same purposes as the funds with
which merged.
``(e) Definitions.--In this section, the term `commissary
surcharge' means any adjustment or surcharge applied under
section 2486(c) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 147 of such title is amended to read as
follows:
``2487. Commissary stores: release of certain commercially valuable
information to the public.''.
Subtitle D--Other Matters
SEC. 331. CODIFICATION OF AUTHORITY FOR DEPARTMENT OF DEFENSE
SUPPORT FOR COUNTERDRUG ACTIVITIES OF OTHER
GOVERNMENTAL AGENCIES.
(a) Authority.--(1) Chapter 18 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 383. Additional support for counterdrug activities of
other agencies
``(a) Support to Other Agencies.--The Secretary of Defense
may provide support for the counterdrug activities of any
other department or agency of the Federal Government or of
any State, local, or foreign law enforcement agency for any
of the purposes set forth in subsection (b) if such support
is requested--
``(1) by the official who has responsibility for the
counterdrug activities of the department or agency of the
Federal Government, in the case of support for the department
or agency;
``(2) by the appropriate official of a State or local
government, in the case of support
[[Page H6955]]
for the State or local law enforcement agency; or
``(3) by an appropriate official of a department or agency
of the Federal Government that has counterdrug
responsibilities, in the case of support for a foreign law
enforcement agency.
``(b) Types of Support.--The purposes for which the
Secretary may provide support under subsection (a) are the
following:
``(1) The maintenance and repair of equipment that has been
made available to any department or agency of the Federal
Government or to any State or local government by the
Department of Defense for the purposes of--
``(A) preserving the potential future utility of such
equipment for the Department of Defense; and
``(B) upgrading such equipment to ensure compatibility of
that equipment with other equipment used by the Department of
Defense.
``(2) The maintenance, repair, or upgrading of equipment
(including computer software), other than equipment referred
to in subparagraph (A) for the purpose of--
``(A) ensuring that the equipment being maintained or
repaired is compatible with equipment used by the Department
of Defense; and
``(B) upgrading such equipment to ensure the compatibility
of that equipment with equipment used by the Department of
Defense.
``(3) The transportation of personnel of the United States
and foreign countries (including per diem expenses associated
with such transportation), and the transportation of supplies
and equipment, for the purpose of facilitating counterdrug
activities within or outside the United States.
``(4) The establishment (including an unspecified minor
military construction project) and operation of bases of
operations or training facilities for the purpose of
facilitating counterdrug activities of the Department of
Defense or any Federal, State, or local law enforcement
agency within or outside the United States or counterdrug
activities of a foreign law enforcement agency outside the
United States.
``(5) Counterdrug related training of law enforcement
personnel of the Federal Government, of State and local
governments, and of foreign countries, including associated
support expenses for trainees and the provision of materials
necessary to carry out such training.
``(6) The detection, monitoring, and communication of the
movement of--
``(A) air and sea traffic within 25 miles of and outside
the geographic boundaries of the United States; and
``(B) surface traffic outside the geographic boundary of
the United States and within the United States not to exceed
25 miles of the boundary if the initial detection occurred
outside of the boundary.
``(7) Construction of roads and fences and installation of
lighting to block drug smuggling corridors across
international boundaries of the United States.
``(8) Establishment of command, control, communications,
and computer networks for improved integration of law
enforcement, active military, and National Guard activities.
``(9) The provision of linguist and intelligence analysis
services.
``(10) Aerial and ground reconnaissance.
``(c) Limitation on Counterdrug Requirements.--The
Secretary of Defense may not limit the requirements for which
support may be provided under subsection (a) only to
critical, emergent, or unanticipated requirements.
``(d) Contract Authority.--In carrying out subsection (a),
the Secretary of Defense may acquire services or equipment by
contract for support provided under that subsection if the
Department of Defense would normally acquire such services or
equipment by contract for the purpose of conducting a similar
activity for the Department of Defense.
``(e) Limited Waiver of Prohibition--Notwithstanding
section 376 of this title, the Secretary of Defense may
provide support pursuant to subsection (a) in any case in
which the Secretary determines that the provision of such
support would adversely affect the military preparedness of
the United States in the short term if the Secretary
determines that the importance of providing such support
outweighs such short-term adverse effect.
``(f) Conduct of Training or Operation to Aid Civilian
Agencies.--In providing support pursuant to subsection (a),
the Secretary of Defense may plan and execute otherwise valid
military training or operations (including training exercises
undertaken pursuant to section 1206(a) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1564; 10 U.S.C. 124 note)) for
the purpose of aiding civilian law enforcement agencies.
``(g) Relationship to Other Laws.--(1) The authority
provided in this section for the support of counterdrug
activities by the Department of Defense is in addition to,
and except as provided in paragraph (2), not subject to the
requirements of any other provision of this chapter.
``(2) Support under this section shall be subject to the
provisions of section 375 and, except as provided in
subsection (e), section 376 of this title.
``(h) Congressional Notification of Facilities Projects.--
(1) When a decision is made to carry out a military
construction project described in paragraph (2), the
Secretary of Defense shall submit to the committees of
Congress named in paragraph (3) a written notice of the
decision, including the justification for the project and the
estimated cost of the project. The project may be commenced
only after the end of the 21-day period beginning on the date
on which the written notice is received by the committees.
``(2) Paragraph (1) applies to an unspecified minor
military construction project that--
``(A) is intended for the modification or repair of a
Department of Defense facility for the purpose set forth in
subsection (b)(4); and
``(B) has an estimated cost of more than $500,000.
``(3) The committees referred to in paragraph (1) are as
follows:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``383. Additional support for counterdrug activities of other
agencies.''.
(b) Repeal of Superseded Provision.--Section 1004 of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 374 note) is repealed.
(c) Savings Provision.--The repeal of section 1004 of the
National Defense Authorization Act for Fiscal Year 1991 by
subsection (b) shall not affect any support provided under
that section that is ongoing as of the date of the enactment
of this Act. The support may be continued in accordance with
section 383 of title 10, United States Code, as added by
subsection (a).
SEC. 332. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION
ON PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE.
(a) Amounts Excluded.--Amounts expended out of funds
described in subsection (b) for the performance of a depot-
level maintenance and repair workload by non-Federal
Government personnel at a Center of Industrial and Technical
Excellence designated pursuant to section 2474(a) of title
10, United States Code, shall not be counted for purposes of
section 2466(a) of such title if the personnel are provided
by private industry pursuant to a public-private partnership
undertaken by the Center under section 2474(b) of such title.
(b) Funds for Fiscal Years 2002 through 2004.--The funds
referred to in subsection (a) are funds available to the
military departments for depot-level maintenance and repair
workloads for fiscal years 2002, 2003, and 2004.
SEC. 333. REPAIR, RESTORATION, AND PRESERVATION OF LAFAYETTE
ESCADRILLE MEMORIAL, MARNES LA-COQUETTE,
FRANCE.
(a) Authority To Make Grant.--The Secretary of the Air
Force may, using amounts specified in subsection (d), make a
grant to the Lafayette Escadrille Memorial Foundation, Inc.,
for purposes of the repair, restoration, and preservation of
the structure, plaza, and surrounding grounds of the
Lafayette Escadrille Memorial in Marnes la-Coquette, France.
(b) Grant Amount.--The amount of the grant under subsection
(a) may not exceed $2,000,000.
(c) Use of Grant.--Amounts from the grant under this
section shall be used solely for the purposes described in
subsection (a). None of such amounts may be used for
remuneration of any entity or individual associated with
fundraising for any project for such purposes.
(d) Funds for Grant.--Funds for the grant under this
section shall be derived from amounts authorized to be
appropriated by section 301(4) for operation and maintenance
for the Air Force for fiscal year 2002.
SEC. 334. IMPLEMENTATION OF THE NAVY-MARINE CORPS INTRANET
CONTRACT.
(a) Additional Phase-In Authority.--Subsection (b) of
section 814 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398; 114 Stat. 1654A-215) is amended by adding at the
end the following new paragraphs:
``(5)(A) The Secretary of the Navy may, before the
submittal of the joint certification referred to in paragraph
(3)(D), contract for one or more additional increments of
work stations under the Navy-Marine Corps Intranet contract,
with the number of work stations to be ordered in each
additional increment to be determined by the Under Secretary
of Defense for Acquisition, Technology, and Logistics.
``(B) Upon determining the number of work stations in an
additional increment for purposes of subparagraph (A), the
Under Secretary of Defense for Acquisition, Technology, and
Logistics shall submit to the congressional defense
committees a report, current as of the date of such
determination, on the following:
``(i) The number of work stations operating on the Navy-
Marine Corps Intranet.
``(ii) The status of testing and implementation of the
Navy-Marine Corps Intranet program.
``(iii) The number of work stations to be contracted for in
the additional increment.
``(C) The Under Secretary of Defense for Acquisition,
Technology, and Logistics may not make a determination to
order any number of work stations to be contracted for
[[Page H6956]]
under subparagraph (A) in excess of the number permitted
under paragraph (2) until--
``(i) the completion of a three-phase contractor test and
user evaluation, observed by the Department of Defense, of
the work stations operating on the Navy-Marine Corps Intranet
at the first three sites under the Navy-Marine Corps Intranet
program; and
``(ii) the Chief Information Officer of the Navy has
certified to the Secretary of the Navy and the Chief
Information Officer of the Department of Defense that the
results of the test and evaluation referred to in clause (i)
are acceptable.
``(D) The Under Secretary of Defense for Acquisition,
Technology, and Logistics may not make a determination to
order any number of work stations to be contracted for under
subparagraph (A) in excess of the number provided for under
subparagraph (C) until--
``(i) there has been a full transition of not less than
20,000 work stations to the Navy-Marine Corps Intranet;
``(ii) the work stations referred to in clause (i) have met
service-level agreements specified in the Navy-Marine Corps
Intranet contract for not less than 30 days, as determined by
contractor performance measurement under oversight by the
Department of the Navy; and
``(iii) the Chief Information Officer of the Department of
Defense and the Assistant Secretary of Defense for Command,
Control, Communications, and Intelligence jointly certify to
the congressional defense committees that the results of
testing of the work stations referred to in clause (i) are
acceptable.''.
(b) Definitions.--Subsection (f) of that section is amended
to read as follows:
``(f) Definitions.--In this section:
``(1) The term `Navy-Marine Corps Intranet contract' means
a contract providing for a long-term arrangement of the
Department of the Navy with the commercial sector that
imposes on the contractor a responsibility for, and transfers
to the contractor the risk of, providing and managing the
significant majority of desktop, server, infrastructure, and
communication assets and services of the Department of the
Navy.
``(2) The term `provide', in the case of a work station
under the Navy-Marine Corps Intranet contract, means transfer
of the legacy information infrastructure and systems of the
user of the work station to Navy-Marine Corps Intranet
infrastructure and systems of the work station under the
Navy-Marine Corps Intranet contract and performance thereof
consistent with the service-level agreements specified in the
Navy-Marine Corps Intranet contract.''.
SEC. 335. REVISION OF AUTHORITY TO WAIVE LIMITATION ON
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.
(a) In General.--Section 2466(c) of title 10, United States
Code, is amended to read as follows:
``(c) Waiver of Limitation.--(1) The Secretary of Defense
may waive the limitation in subsection (a) for a fiscal year
if--
``(A) the Secretary of Defense determines that the waiver
is necessary for reasons of national security; and
``(B) the Secretary of Defense submits to Congress a
notification of the waiver together with the reasons for the
waiver; and
``(2) The Secretary of Defense may not delegate the
authority to exercise the waiver authority under paragraph
(1).''.
(b) Report.--The Secretary of Defense shall provide a
report to Congress not later than January 31, 2002 that
outlines the Secretary's strategy regarding the operations of
the public depots.
SEC. 336. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT
PROGRAM.
(a) Extension of Authority.--Subsection (f) of section 391
of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1716; 10 U.S.C. 2304 note)
is amended by striking ``September 30, 1999'' and inserting
``September 30, 2003''.
(b) Reporting Requirements.--Subsection (g) of such section
is amended--
(1) in paragraph (1), by striking ``January 1, 2000'' and
inserting ``January 1, 2003''; and
(2) in paragraph (2), by striking ``March 1, 2000'' and
inserting ``March 1, 2003''.
SEC. 337. FUNDING FOR LAND FORCES READINESS-INFORMATION
OPERATIONS SUSTAINMENT.
Of the amount authorized to be appropriated by section
301(6), $5,000,000 may be available for land forces
readiness-information operations sustainment.
SEC. 338. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER
EXPANDED ARABIC LANGUAGE PROGRAM.
Of the amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army, $650,000
may be available for the Defense Language Institute Foreign
Language Center (DLIFLC) for an expanded Arabic language
program.
SEC. 339. CONSEQUENCE MANAGEMENT TRAINING.
Of the amount authorized to be appropriated by section
301(5), $5,000,000 may be available for the training of
members of the Armed Forces (including reserve component
personnel) in the management of the consequences of an
incident involving the use or threat of use of a weapon of
mass destruction.
SEC. 340. CRITICAL INFRASTRUCTURE PROTECTION INITIATIVE OF
THE NAVY.
Of the amount authorized to be appropriated by section
301(2), $6,000,000 shall be available for the critical
infrastructure protection initiative of the Navy.
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, 2002, as follows:
(1) The Army, 480,000.
(2) The Navy, 376,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 358,800.
SEC. 402. AUTHORIZED DAILY AVERAGE ACTIVE DUTY STRENGTH FOR
NAVY ENLISTED MEMBERS IN PAY GRADE E-8.
(a) In General.--Section 517(a) of title 10, United States
Code, is amended by inserting ``or the Navy'' after ``in the
case of the Army''.
(b) Applicability.--The amendment made by subsection (a)
shall take effect on October 1, 2001, and shall apply with
respect to fiscal years beginning on or after that date.
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, 2002, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,000.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 74,700.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
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, 2002, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 23,698.
(2) The Army Reserve, 13,406.
(3) The Naval Reserve, 14,811.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,591.
(6) The Air Force Reserve, 1,437.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2002 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 6,249.
(2) For the Army National Guard of the United States,
23,615.
(3) For the Air Force Reserve, 9,818.
(4) For the Air National Guard of the United States,
22,422.
SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STATUS
TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians
employed by the reserve components of the Army and the Air
Force as of September 30, 2002, may not exceed the following:
(1) For the Army Reserve, 1,095.
(2) For the Army National Guard of the United States,
1,600.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 350.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
the term in section 10217(a) of title 10, United States Code.
SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PERSONNEL SERVING
ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY
IN CERTAIN GRADES FOR ADMINISTRATION OF RESERVE
COMPONENTS.
(a) Officers.--The text of section 12011 of title 10,
United States Code, is amended to read as follows:
``(a) Limitations.--(1) Of the total number of members of a
reserve component who are serving on full-time reserve
component duty
[[Page H6957]]
at the end of any fiscal year, the number of those members
who may be serving in each of the grades of major, lieutenant
colonel, and colonel may not, as of the end of that fiscal
year, exceed the number determined in accordance with the
following table:
----------------------------------------------------------------------------------------------------------------
Number of officers of that reserve component who may be
serving in the grade of:
``Total number of members of a reserve component ---------------------------------------------------------
serving on full-time reserve component duty: Lieutenant
Major Colonel Colonel
----------------------------------------------------------------------------------------------------------------
Army Reserve:
10,000................................................ 1,390 740 230
11,000................................................ 1,529 803 242
12,000................................................ 1,668 864 252
13,000................................................ 1,804 924 262
14,000................................................ 1,940 984 272
15,000................................................ 2,075 1,044 282
16,000................................................ 2,210 1,104 291
17,000................................................ 2,345 1,164 300
18,000................................................ 2,479 1,223 309
19,000................................................ 2,613 1,282 318
20,000................................................ 2,747 1,341 327
21,000................................................ 2,877 1,400 336
Army National Guard:
20,000................................................ 1,500 850 325
22,000................................................ 1,650 930 350
24,000................................................ 1,790 1,010 370
26,000................................................ 1,930 1,085 385
28,000................................................ 2,070 1,160 400
30,000................................................ 2,200 1,235 405
32,000................................................ 2,330 1,305 408
34,000................................................ 2,450 1,375 411
36,000................................................ 2,570 1,445 411
38,000................................................ 2,670 1,515 411
40,000................................................ 2,770 1,580 411
42,000................................................ 2,837 1,644 411
Marine Corps Reserve:
1,100................................................. 106 56 20
1,200................................................. 110 60 21
1,300................................................. 114 63 22
1,400................................................. 118 66 23
1,500................................................. 121 69 24
1,600................................................. 124 72 25
1,700................................................. 127 75 26
1,800................................................. 130 78 27
1,900................................................. 133 81 28
2,000................................................. 136 84 29
2,100................................................. 139 87 30
2,200................................................. 141 90 31
2,300................................................. 143 92 32
2,400................................................. 145 94 33
2,500................................................. 147 96 34
2,600................................................. 149 98 35
Air Force Reserve:
500................................................... 83 85 50
1,000................................................. 155 165 95
1,500................................................. 220 240 135
2,000................................................. 285 310 170
2,500................................................. 350 369 203
3,000................................................. 413 420 220
3,500................................................. 473 464 230
4,000................................................. 530 500 240
4,500................................................. 585 529 247
5,000................................................. 638 550 254
5,500................................................. 688 565 261
6,000................................................. 735 575 268
7,000................................................. 770 595 280
8,000................................................. 805 615 290
10,000................................................ 835 635 300
Air National Guard:
5,000................................................. 333 335 251
6,000................................................. 403 394 260
7,000................................................. 472 453 269
8,000................................................. 539 512 278
9,000................................................. 606 571 287
10,000................................................ 673 630 296
11,000................................................ 740 688 305
12,000................................................ 807 742 314
13,000................................................ 873 795 323
14,000................................................ 939 848 332
15,000................................................ 1,005 898 341
16,000................................................ 1,067 948 350
17,000................................................ 1,126 998 359
18,000................................................ 1,185 1,048 368
19,000................................................ 1,235 1,098 377
20,000................................................ 1,283 1,148 380.
----------------------------------------------------------------------------------------------------------------
``(2) Of the total number of members of the Naval Reserve
who are serving on full-time reserve component duty at the
end of any fiscal year, the number of those members who may
be serving in each of the grades of lieutenant commander,
commander, and captain may not, as of the end of that fiscal
year, exceed the number determined in accordance with the
following table:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving in the grade of:
``Total number of members of Naval Reserve serving on ---------------------------------------------------------
full-time reserve component duty: Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
10,000................................................ 807 447 141
11,000................................................ 867 467 153
[[Page H6958]]
12,000................................................ 924 485 163
13,000................................................ 980 503 173
14,000................................................ 1,035 521 183
15,000................................................ 1,088 538 193
16,000................................................ 1,142 555 203
17,000................................................ 1,195 565 213
18,000................................................ 1,246 575 223
19,000................................................ 1,291 585 233
20,000................................................ 1,334 595 242
21,000................................................ 1,364 603 250
22,000................................................ 1,384 610 258
23,000................................................ 1,400 615 265
24,000................................................ 1,410 620 270.
----------------------------------------------------------------------------------------------------------------
``(b) Determinations by Interpolation.--If the total number
of members of a reserve component serving on full-time
reserve component duty is between any two consecutive numbers
in the first column of the appropriate table in paragraph (1)
or (2) of subsection (a), the corresponding authorized
strengths for each of the grades shown in that table for that
component are determined by mathematical interpolation
between the respective numbers of the two strengths. If the
total number of members of a reserve component serving on
full-time reserve component duty is more or less than the
highest or lowest number, respectively, set forth in the
first column of the appropriate table in paragraph (1) or (2)
of subsection (a), the Secretary concerned shall fix the
corresponding strengths for the grades shown in that table at
the same proportion as is reflected in the nearest limit
shown in the table.
``(c) Reallocations to Lower Grades.--Whenever the number
of officers serving in any grade for duty described in
subsection (a) is less than the number authorized for that
grade under this section, the difference between the two
numbers may be applied to increase the number authorized
under this section for any lower grade.
``(d) Secretarial Waiver.--Upon determining that it is in
the national interest to do so, the Secretary of Defense may
increase for a particular fiscal year the number of reserve
officers that may be on full-time reserve component duty for
a reserve component in a grade referred to in a table in
subsection (a) by a number that does not exceed the number
equal to 5 percent of the maximum number specified for the
grade in that table.
``(e) Full-Time Reserve Component Duty Defined.--In this
section, the term `full-time reserve component duty' means
the following duty:
``(1) Active duty described in sections 10211, 10302,
10303, 10304, 10305, 12310, or 12402 of this title.
``(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32.
``(3) Active duty described in section 708 of title 32.''.
(b) Senior Enlisted Members.--The text of section 12012 of
title 10, United States Code, is amended to read as follows:
``(a) Limitations.--(1) Of the total number of members of a
reserve component who are serving on full-time reserve
component duty at the end of any fiscal year, the number of
those members in each of pay grades of
E-8 and E-9 who may be serving on active duty under section
10211 or 12310, or on full-time National Guard duty under the
authority of section 502(f) of title 32 (other than for
training) in connection with organizing, administering,
recruiting, instructing, or training the reserve components
or the National Guard may not, as of the end of that fiscal
year, exceed the number determined in accordance with the
following table:
------------------------------------------------------------------------
Number of members of that reserve
``Total number of members of a component who may be serving in the
reserve component serving on full- grade of:
time reserve component duty: --------------------------------------
E-8 E-9
------------------------------------------------------------------------
Army Reserve:
10,000........................... 1,052 154
11,000........................... 1,126 168
12,000........................... 1,195 180
13,000........................... 1,261 191
14,000........................... 1,327 202
15,000........................... 1,391 213
16,000........................... 1,455 224
17,000........................... 1,519 235
18,000........................... 1,583 246
19,000........................... 1,647 257
20,000........................... 1,711 268
21,000........................... 1,775 278
Army National Guard:
20,000........................... 1,650 550
22,000........................... 1,775 615
24,000........................... 1,900 645
26,000........................... 1,945 675
28,000........................... 1,945 705
30,000........................... 1,945 725
32,000........................... 1,945 730
34,000........................... 1,945 735
36,000........................... 1,945 738
38,000........................... 1,945 741
40,000........................... 1,945 743
42,000........................... 1,945 743
Naval Reserve:
10,000........................... 340 143
11,000........................... 364 156
12,000........................... 386 169
13,000........................... 407 182
14,000........................... 423 195
15,000........................... 435 208
16,000........................... 447 221
17,000........................... 459 234
18,000........................... 471 247
19,000........................... 483 260
20,000........................... 495 273
21,000........................... 507 286
22,000........................... 519 299
23,000........................... 531 312
24,000........................... 540 325
Marine Corps Reserve:
1,100............................ 50 11
1,200............................ 55 12
1,300............................ 60 13
1,400............................ 65 14
1,500............................ 70 15
1,600............................ 75 16
1,700............................ 80 17
1,800............................ 85 18
1,900............................ 89 19
2,000............................ 93 20
2,100............................ 96 21
2,200............................ 99 22
2,300............................ 101 23
2,400............................ 103 24
2,500............................ 105 25
2,600............................ 107 26
Air Force Reserve:
500.............................. 75 40
1,000............................ 145 75
1,500............................ 208 105
2,000............................ 270 130
2,500............................ 325 150
3,000............................ 375 170
3,500............................ 420 190
4,000............................ 460 210
4,500............................ 495 230
5,000............................ 530 250
5,500............................ 565 270
6,000............................ 600 290
7,000............................ 670 330
8,000............................ 740 370
10,000........................... 800 400
Air National Guard
5,000............................ 1,020 405
6,000............................ 1,070 435
7,000............................ 1,120 465
8,000............................ 1,170 490
9,000............................ 1,220 510
10,000........................... 1,270 530
11,000........................... 1,320 550
12,000........................... 1,370 570
13,000........................... 1,420 589
14,000........................... 1,470 608
15,000........................... 1,520 626
16,000........................... 1,570 644
17,000........................... 1,620 661
18,000........................... 1,670 678
19,000........................... 1,720 695
20,000........................... 1,770 712.
------------------------------------------------------------------------
``(b) Determinations by Interpolation.--If the total number
of members of a reserve component serving on full-time
reserve component duty is between any two consecutive numbers
in the first column of the appropriate table in paragraph (1)
or (2) of subsection (a), the corresponding authorized
strengths for each of the grades shown in that table for that
component are determined by mathematical interpolation
between the respective numbers of the two strengths. If the
total number of members of a reserve component serving on
full-time reserve component duty is more or less than the
highest or lowest number, respectively, set forth in the
first column of the table in subsection (a), the Secretary
concerned shall fix the corresponding strengths for the
grades shown in the table at the same proportion as is
reflected in the nearest limit shown in the table.
``(c) Reallocations to Lower Grade.--Whenever the number of
officers serving in pay grade E-9 for duty described in
subsection (a) is less than the number authorized for that
grade under this section, the difference between the two
numbers may be applied to increase the number authorized
under this section for pay grade E-8.
``(d) Secretarial Waiver.--Upon determining that it is in
the national interest to do so, the Secretary of Defense may
increase for a particular fiscal year the number of reserve
enlisted members that may be on active duty or full-time
National Guard duty as described in subsection (a) for a
reserve component in a pay grade referred to in a table in
subsection (a) by a number that does not exceed the number
equal to 5 percent of the maximum number specified for that
grade and reserve component in the table.
``(e) Full-Time Reserve Component Duty Defined.--In this
section, the term `full-
[[Page H6959]]
time reserve component duty' has the meaning given the term
in section 12011(e) of this title.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.
SEC. 416. STRENGTH AND GRADE LIMITATION ACCOUNTING FOR
RESERVE COMPONENT MEMBERS ON ACTIVE DUTY IN
SUPPORT OF A CONTINGENCY OPERATION.
(a) Active Duty Strength Accounting.--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 1 percent of that end
strength; and
``(B) the number (if any) of the members of the reserve
components that, as determined by the Secretary, are on
active duty under section 12301(d) of this title in support
of a contingency operation.''.
(b) Limitation on 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 grade E-8 or
E-9 in a fiscal year, as determined under subsection (a), by
the number (if any) of enlisted members of a reserve
component of that armed force in that pay grade who, as
determined by the Secretary, are on active duty under section
12301(d) of this title in support of a contingency
operation.''.
(c) Limitation on Authorized Strengths for Commissioned
Officers in Pay Grades O-4, O-5, and O-6 on Active Duty.--
Section 523(b) of such title is amended--
(1) in paragraphs (1) and (2) of subsection (a), by
striking ``Except as provided in subsection (c)'' and
inserting ``Except as provided in subsections (c) and (e)'';
and
(2) by adding at the end the following new subsection:
``(e) The Secretary of Defense may increase the limitation
on the total number of commissioned officers of an armed
force authorized to be serving on active duty at the end of
any fiscal year in the grade of O-4, O-5, or
O-6, determined under subsection (a), by the number (if any)
of commissioned officers of a reserve component of that armed
force in that grade who, as determined by the Secretary, are
serving on active duty under section 12301(d) of this title
in support of a contingency operation.''.
(d) Limitation on Authorized Strengths for General and Flag
Officers on Active Duty.--Section 526(a) of such title is
amended--
(1) by striking ``Limitations.--The'' and inserting
``Limitations.--(1) Except as provided in paragraph (2),
the'';
(2) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively; and
(3) by adding at the end the following new paragraph (2):
``(2) The Secretary of Defense may increase the limitation
on the number of general and flag officers on active duty,
determined under paragraph (1), by the number (if any) of
reserve component general and flag officers who, as
determined by the Secretary, are serving on active duty under
section 12301(d) of this title in support of a contingency
operation.''.
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
2002 a total of $82,396,900,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2002.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. GENERAL OFFICER POSITIONS.
(a) Increased Grade for Vice Chief of National Guard
Bureau.--Section 10505(c) of title 10, United States Code, is
amended by striking ``major general'' and inserting
``lieutenant general''.
(b) Increased Grade for Heads of Nurse Corps of the Armed
Forces.--(1) Section 3069(b) of title 10, United States Code,
is amended by striking ``brigadier general'' in the second
sentence and inserting ``major general''.
(2) The first sentence of section 5150(c) of such title is
amended--
(A) 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
(B) by inserting ``in the case of an officer in the Medical
Service Corps'' after ``rear admiral (lower half)''.
(3) Section 8069(b) of such title is amended by striking
``brigadier general'' in the second sentence and inserting
``major general''.
(c) Appointment and Grade of Chief of Army Veterinary
Corps.--(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 shall 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.''.
(d) Exclusions From Limitation of Active Duty Officers in
Grades Above Major General.--Section 525(b) of title 10,
United States Code, is amended--
(1) in paragraph (2)(B), by striking ``16.2 percent'' and
inserting ``17.5 percent'';
(2) in paragraph (3)--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new subparagraph:
``(B) An officer while serving as the Senior Military
Assistant to the Secretary of Defense, if serving in the
grade of general or lieutenant general, or admiral or vice
admiral, is in addition to the number that would otherwise be
permitted for his armed force for that grade under paragraph
(1) or (2).''; and
(3) by striking paragraph (6) and inserting the following:
``(6)(A) An officer while serving in a position named in
subparagraph (B) is in addition to the number that would
otherwise be permitted for that officer's armed force for
officers serving on active duty in grades above major general
under paragraph (1).
``(B) Subparagraph (A) applies with respect to the
following positions:
``(i) Chief of the National Guard Bureau.
``(ii) Vice Chief of the National Guard Bureau.''.
(e) Repeal of Limitation on Number of Officers on Active
Duty in the Grades of General or Admiral.--(1) Section 528 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 32 of
such title is amended by striking the item relating to
section 528.
SEC. 502. REDUCTION OF TIME-IN-GRADE REQUIREMENT FOR
ELIGIBILITY FOR PROMOTION OF FIRST LIEUTENANTS
AND LIEUTENANTS (JUNIOR GRADE).
Paragraph (1) of section 619(a) of title 10, United States
Code, is amended by striking ``the following period of
service'' and all that follows through the end of the
paragraph and inserting ``eighteen months of service in the
grade in which he holds a permanent appointment.''.
SEC. 503. PROMOTION OF OFFICERS TO THE GRADE OF CAPTAIN IN
THE ARMY, AIR FORCE, OR MARINE CORPS OR TO THE
GRADE OF LIEUTENANT IN THE NAVY WITHOUT
SELECTION BOARD ACTION.
(a) Active-Duty List Promotions.--(1) Section 611(a) of
title 10, United States Code, is amended by striking
``Under'' and inserting ``Except in the case of promotions
recommended under section 624(a)(3) of this title, under''.
(2) Section 624(a) of such title is amended by adding at
the end the following new paragraph (3):
``(3) The President may, upon a recommendation of the
Secretary of the military department concerned approved by
the President, promote to the grade of captain (for officers
of the Regular Army, Regular Air Force, or Regular Marine
Corps) or lieutenant (for officers of the Regular Navy) all
fully qualified officers on the active-duty list in the
permanent or temporary grade of first lieutenant or
lieutenant (junior grade), respectively, who would be
eligible for consideration for promotion to the next higher
grade by a selection board convened under section 611(a) of
this title. The Secretary of a military department may make
such a recommendation whenever the Secretary determines that
all such officers are needed in the next higher grade to
accomplish mission objectives. Promotions under this
paragraph shall be effectuated under regulations prescribed
by the Secretary of the military department concerned.''.
(3) Section 631 of such title is amended by adding at the
end the following new subsection (d):
``(d) For the purposes of this chapter--
``(1) a recommendation made by the Secretary of the
military department concerned under section 624(a)(3) of this
title that is approved by the President shall be treated in
the same manner as a report of a promotion selection board
convened under section 611(a) of this title that is approved
by the President; and
``(2) an officer of the Regular Army, Regular Air Force, or
Regular Marine Corps who holds the regular grade of first
lieutenant, and an officer of the Regular Navy who holds the
regular grade of lieutenant (junior grade), shall be treated
as having failed of selection for promotion if the Secretary
of the
[[Page H6960]]
military department concerned determines that the officer
would be eligible for consideration for promotion to the next
higher grade by a selection board convened under section
611(a) of this title but is not fully qualified for promotion
when recommending for promotion under section 624(a)(3) of
this title all fully qualified officers of the officer's
armed force in such grade who would be eligible for such
consideration.''.
(b) Reserve Active-Status List Promotions.--(1) Section
14101(a) of such title is amended by striking ``Whenever''
and inserting ``Except in the case of promotions recommended
under section 14308(b)(4) of this title, whenever''.
(2) Section 14308(b) of such title is amended by adding at
the end the following new paragraph (4):
``(4) The President may, upon a recommendation of the
Secretary of the military department concerned approved by
the President, promote to the grade of captain (for officers
of a reserve component of the Army, Air Force, or Marine
Corps) or lieutenant (for officers of the Naval Reserve) all
fully qualified officers on the reserve active-status list in
the permanent grade of first lieutenant or lieutenant (junior
grade), respectively, who would be eligible for consideration
for promotion to the next higher grade by a selection board
convened under section 14101(a) of this title. The Secretary
of a military department may make such a recommendation
whenever the Secretary determines that all such officers are
needed in the next higher grade to accomplish mission
objectives. Promotions under this paragraph shall be
effectuated under regulations prescribed by the Secretary of
the military department concerned.''.
(3) Section 14504 of such title is amended by adding at the
end the following new subsection (c):
``(c) For the purposes of this chapter--
``(1) a recommendation made by the Secretary of the
military department concerned under section 14308(b)(4) of
this title that is approved by the President shall be treated
the same as a report of a promotion selection board convened
under section 14101(a) of this title that is approved by the
President; and
``(2) an officer on a reserve active-status list who holds
the grade of first lieutenant (in the case of an officer in a
reserve component of the Army, Air Force, or Marine Corps) or
the grade of lieutenant (junior grade) (in the case of an
officer of the Naval Reserve) shall be treated as having
failed of selection for promotion if the Secretary of the
military department concerned determines that the officer
would be eligible for consideration for promotion to the next
higher grade by a selection board convened under section
14101(a) of this title but is not fully qualified for
promotion when recommending for promotion under section
14308(b)(4) of this title all fully qualified officers of
that officer's reserve component in such grade who would be
eligible for such consideration.''.
SEC. 504. AUTHORITY TO ADJUST DATE OF RANK.
(a) Active Duty Officers.--Subsection 741(d) of title 10,
United States Code, is amended, by adding at the end the
following new paragraph (4):
``(4)(A) The Secretary concerned may adjust the date of
rank of an officer appointed to a higher grade under section
624(a) of this title if the appointment is to a grade below
O-7 and is delayed by reason of unusual circumstances that
cause an unintended delay in the processing or approval of--
``(i) a report of a selection board recommending the
appointment of the officer to that grade; or
``(ii) the promotion list established on the basis of that
report.
``(B) The adjusted date of rank applicable to the grade of
an officer under subparagraph (A) shall be consistent with
the officer's position on the promotion list for that grade
and competitive category when additional officers in that
grade and competitive category were needed and shall also be
consistent with compliance with the applicable authorized
strengths for officers in that grade and competitive
category.
``(C) The adjusted date of rank applicable to the grade of
an officer under subparagraph (A) shall be the effective date
for the officer's pay and allowances for the grade and for
the officer's position on the active-duty list.
``(D) In the case of an officer whose appointment to a
higher grade under this section is made by and with the
advice and consent of the Senate, the Secretary concerned
shall transmit to the Committee on Armed Services of the
Senate a notification of any adjustment of a date of rank for
the appointment of an officer to a higher grade under
subparagraph (A) to a date that is prior to the date of the
advice and consent of the Senate on the appointment. The
notification shall include the name of the officer and a
discussion of the reasons for the adjustment.''.
(b) Reserve Officers.--Section 14308(c) of such title is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) The Secretary concerned may adjust the date of
rank of an officer appointed to a higher grade under this
section if the appointment is to a grade below O-7 and is
delayed by reason of unusual circumstances that cause an
unintended delay in the processing or approval of--
``(i) a report of a selection board recommending the
appointment of the officer to that grade; or
``(ii) the promotion list established on the basis of that
report.
``(B) The adjusted date of rank applicable to the grade of
an officer under subparagraph (A) shall be consistent with
the officer's position on the promotion list for that grade
and competitive category when additional officers in that
grade and competitive category were needed and shall also be
consistent with compliance with the applicable authorized
strengths for officers in that grade and competitive
category.
``(C) The adjusted date of rank applicable to the grade of
an officer under subparagraph (A) shall be the effective date
for the officer's pay and allowances for the grade and for
the officer's position on the active-duty list.
``(D) In the case of an officer whose appointment to a
higher grade under this section is made by and with the
advice and consent of the Senate, the Secretary concerned
shall transmit to the Committee on Armed Services of the
Senate a notification of any adjustment of a date of rank for
the appointment of an officer to a higher grade under
subparagraph (A) to a date that is prior to the date of the
advice and consent of the Senate on the appointment. The
notification shall include the name of the officer and a
discussion of the reasons for the adjustment.''; and
(3) in paragraph (3), as redesignated by paragraph (1), by
inserting ``provided in paragraph (2) or as otherwise'' after
``Except as''.
SEC. 505. EXTENSION OF DEFERMENTS OF RETIREMENT OR SEPARATION
FOR MEDICAL REASONS.
Section 640 of title 10, United States Code, is amended--
(1) by inserting ``(a) Deferment.--'' before ``The
Secretary''; and
(b) by adding at the end the following new subsection:
``(b) Authority To Extend.--In the case of an officer whose
retirement or separation under any of sections 632 through
638, or section 1251, of this title is deferred under
subsection (a), the Secretary of the military department
concerned may extend the deferment by an additional period of
not more than 30 days following the completion of the
evaluation of the officer's physical condition if the
Secretary determines that continuation of the officer would
facilitate the officer's transition to civilian life.''.
SEC. 506. EXEMPTION FROM ADMINISTRATIVE LIMITATIONS OF
RETIRED MEMBERS ORDERED TO ACTIVE DUTY AS
DEFENSE AND SERVICE ATTACHES.
(a) Limitation of Period of Recalled Service.--Section
688(e)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph (D):
``(D) An officer who is assigned to duty as a defense
attache or service attache for the period of active duty to
which ordered.''.
(b) Limitation on Number of Recalled Officers on Active
Duty.--Section 690(b)(2) of such title is amended by adding
at the end the following new subparagraph (E):
``(E) An officer who is assigned to duty as a defense
attache or service attache for the period of active duty to
which ordered.''.
(c) Applicability.--The amendments made by subsections (a)
and (b) shall apply with respect to officers serving on
active duty as a defense attache or service attache on or
after the date of the enactment of this Act.
SEC. 507. CERTIFICATIONS OF SATISFACTORY PERFORMANCE FOR
RETIREMENTS OF OFFICERS IN GRADES ABOVE MAJOR
GENERAL AND REAR ADMIRAL.
Section 1370(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) The Secretary of Defense may delegate authority to
make a certification for an officer under paragraph (1) to
the Under Secretary of Defense for Personnel and Readiness or
the Deputy Under Secretary of Defense for Personnel and
Readiness. The certification authority may not be delegated
to any other official.
``(B) If an official to whom authority is delegated under
subparagraph (A) determines in the case of an officer that
there is potentially adverse information on the officer and
that the information has not previously been reported to the
Senate in connection with the action of the Senate on a
previous appointment of that officer under section 601 of
this title, the official may not exercise the authority in
that case, but shall refer the case to the Secretary of
Defense. The Secretary of Defense shall personally issue or
withhold a certification for an officer under paragraph (1)
in any case referred to the Secretary under the preceding
sentence.''.
SEC. 508. EFFECTIVE DATE OF MANDATORY SEPARATION OR
RETIREMENT OF REGULAR OFFICER DELAYED BY A
SUSPENSION OF CERTAIN LAWS UNDER EMERGENCY
AUTHORITY OF THE PRESIDENT.
Section 12305 of title 10, United States Code, is amended
by adding at the end the following new subsection (c):
``(c) In the case of an officer of the Regular Army,
Regular Navy, Regular Air Force, or Regular Marine Corps
whose mandatory separation or retirement under section 632,
633, 634, 635, 636, 637, or 1251 of this title is delayed by
reason of a suspension under this section, the separation or
retirement of the officer upon termination of the suspension
shall take effect on the date elected by the officer, but not
later than 90 days after the date of the termination of the
suspension.''.
[[Page H6961]]
SEC. 509. DETAIL AND GRADE OF OFFICER IN CHARGE OF THE UNITED
STATES NAVY BAND.
Section 6221 of title 10, United States Code, is amended--
(1) by inserting ``(a) Establishment.--''; and
(2) by adding at the end the following new subsection:
``(b) Officer in Charge.--(1) An officer serving in a grade
above lieutenant may be detailed as Officer in Charge of the
United States Navy Band.
``(2) While serving as Officer in Charge of the United
States Navy Band, an officer holds the grade of captain if
appointed to that grade by the President, by and with the
advice and consent of the Senate, notwithstanding the
limitation in section 5596(d) of this title.''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. REAUTHORIZATION AND EXPANSION OF TEMPORARY WAIVER
OF THE REQUIREMENT FOR A BACCALAUREATE DEGREE
FOR PROMOTION OF CERTAIN RESERVE OFFICERS OF
THE ARMY.
(a) Reauthorization.--Subsection (b) of section 516 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2008; 10 U.S.C.
12205 note) is amended by striking ``September 30, 2000'' and
inserting ``September 30, 2003''.
(b) Expansion of Eligibility.--Subsection (a) of such
section is amended by striking ``before the date of the
enactment of this Act''.
SEC. 512. STATUS LIST OF RESERVE OFFICERS ON ACTIVE DUTY FOR
A PERIOD OF THREE YEARS OR LESS.
(a) Clarification.--Section 641(1)(D) of title 10, United
States Code, is amended to read as follows:
``(D) on active duty under section 12301(d) of this title,
other than as provided under subparagraph (C), under a call
or order to active duty specifying a period of three years or
less and continuation (pursuant to regulations prescribed by
the Secretary concerned) on the reserve active-status
list;''.
(b) Retroactive Adjustments.--(1) The Secretary of the
military department concerned--
(A) may place on the active-duty list of the armed force
concerned any officer under the jurisdiction of the Secretary
who was placed on the reserve active-status list under
subparagraph (D) of section 641(1) of title 10, United States
Code, as added by section 521(2) 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-108);
and
(B) for the purposes of chapter 36 of such title (other
than section 640 of such title and, in the case of a warrant
officer, section 628 of such title), shall treat an officer
placed on the active-duty list under subparagraph (A) as
having been on the active-duty list continuously from the
date on which the officer was placed on the reserve active-
status list as described in that subparagraph.
(2) The Secretary of the military department concerned may
place on the reserve active-status list of the armed force
concerned, effective as of the date of the enactment of this
Act, any officer who was placed on the active-duty list
before that date and after October 29, 1997, while on active
duty under section 12301(d) of title 10, United States Code,
other than as described under section 641(1)(C) of such
title, under a call or order to active duty specifying a
period of three years or less.
SEC. 513. EQUAL TREATMENT OF RESERVES AND FULL-TIME ACTIVE
DUTY MEMBERS FOR PURPOSES OF MANAGING
DEPLOYMENTS OF PERSONNEL.
(a) Residence of Reserves at Home Station.--Section
991(b)(2) of title 10, United States Code, is amended to read
as follows:
``(2) In the case of a member of a reserve component who is
performing active service pursuant to orders that do not
establish a permanent change of station, the housing referred
to in paragraph (1) is any housing (which may include the
member's residence) that the member usually occupies for use
during off-duty time when on garrison duty at the member's
permanent duty station or homeport, as the case may be.''.
(b) Effective Date.--This section and the amendment made by
this section shall take effect on October 1, 2001, and shall
apply with respect to duty performed on or after that date.
SEC. 514. MODIFICATION OF PHYSICAL EXAMINATION REQUIREMENTS
FOR MEMBERS OF THE INDIVIDUAL READY RESERVE.
Section 10206 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``Ready Reserve'' and inserting ``Selected
Reserve''; and
(ii) by striking ``his'' and inserting ``the member's'';
and
(B) in the second sentence, by striking ``Each Reserve''
and inserting the following:
``(c) Each Reserve'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) A member of the Individual Ready Reserve or inactive
National Guard shall be examined for physical fitness as
necessary to determine the member's physical fitness for
military duty or for promotion, attendance at a school of the
armed forces, or other action related to career
progression.''.
SEC. 515. MEMBERS OF RESERVE COMPONENTS AFFLICTED WHILE
REMAINING OVERNIGHT AT DUTY STATION WITHIN
COMMUTING DISTANCE OF HOME.
(a) Medical and Dental Care for Members.--Section
1074a(a)(3) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``or if
the member remained overnight for another reason authorized
under applicable regulations''.
(b) Medical and Dental Care for Dependents.--Section
1076(a)(2)(C) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``or if
the member remained overnight for another reason authorized
under applicable regulations''.
(c) Eligibility for Disability Retirement or Separation.--
(1) Section 1204(2)(B)(iii) of title 10, United States Code,
is amended by inserting before the semicolon at the end the
following: ``or if the member remained overnight for another
reason authorized under applicable regulations''.
(2) Section 1206(2)(A)(iii) of title 10, United States
Code, is amended by inserting before the semicolon the
following: ``or if the member remained overnight for another
reason authorized under applicable regulations''.
(d) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of title 10, United States Code, is amended by
inserting before the semicolon at the end the following: ``or
if the member remained overnight for another reason
authorized under applicable regulations''.
(e) Entitlement to Basic Pay.--Section 204 of title 37,
United States Code, is amended--
(1) in subsection (g)(1)(D), by inserting before the
semicolon the following: ``or if the member remained
overnight for another reason authorized under applicable
regulations''; and
(2) in subsection (h)(1)(D), by inserting before the
semicolon the following: ``or if the member remained
overnight for another reason authorized under applicable
regulations''.
(f) Compensation for Inactive-Duty Training.--Section
206(a)(3)(C) of title 37, United States Code, is amended by
inserting before the period at the end the following: ``or if
the member remained overnight for another reason authorized
under applicable regulations''.
SEC. 516. RETIREMENT OF RESERVE PERSONNEL WITHOUT REQUEST.
(a) Retired Reserve.--Section 10154(2) of title 10, United
States Code, is amended by striking ``upon their request''.
(b) Retirement for Failure of Selection of Promotion.--(1)
Paragraph (2) of section 14513 of such title is amended by
striking ``, if the officer is qualified and applies for such
transfer'' and inserting ``if the officer is qualified for
the transfer and does not request (in accordance with
regulations prescribed by the Secretary concerned) not to be
transferred to the Retired Reserve''.
(2)(A) The heading for such section is amended to read as
follows:
``Sec. 14513. Transfer, retirement, or discharge for failure
of selection of promotion''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 1407 of title 10, United
States Code, is amended to read as follows:
``14513. Transfer, retirement, or discharge for failure of selection
for promotion.''.
(c) Retirement for Years of Service or After Selection for
Early Removal.--Section 14514 of such title is amended--
(1) in paragraph (1), by striking ``, if the officer is
qualified and applies for such transfer'' and inserting ``if
the officer is qualified for the transfer and does not
request (in accordance with regulations prescribed by the
Secretary concerned) not to be transferred to the Retired
Reserve''; and
(2) by striking paragraph (2) and inserting the following:
``(2) be discharged from the officer's reserve appointment
if the officer is not qualified for transfer to the Retired
Reserve or has requested (in accordance with regulations
prescribed by the Secretary concerned) not to be so
transferred.''.
(d) Retirement for Age.--Section 14515 of such title is
amended--
(1) in paragraph (1), by striking ``, if the officer is
qualified and applies for such transfer'' and inserting ``if
the officer is qualified for the transfer and does not
request (in accordance with regulations prescribed by the
Secretary concerned) not to be transferred to the Retired
Reserve''; and
(2) by striking paragraph (2) and inserting the following:
``(2) be discharged from the officer's reserve appointment
if the officer is not qualified for transfer to the Retired
Reserve or has requested (in accordance with regulations
prescribed by the Secretary concerned) not to be so
transferred.''.
(e) Discharge or Retirement of Warrant Officers for Years
of Service or Age.--(1) Chapter 1207 of such title is amended
by adding at the end the following new section:
``Sec. 12244. Warrant officers: discharge or retirement for
years of service or for age
``Each reserve warrant officer of the Army, Navy, Air
Force, or Marine Corps who is in an active status and has
reached the maximum years of service or age prescribed by the
Secretary concerned shall--
[[Page H6962]]
``(1) be transferred to the Retired Reserve if the warrant
officer is qualified for the transfer and does not request
(in accordance with regulations prescribed by the Secretary
concerned) not to be transferred to the Retired Reserve; or
``(2) be discharged if the warrant officer is not qualified
for transfer to the Retired Reserve or has requested (in
accordance with regulations prescribed by the Secretary
concerned) not to be so transferred.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``12244. Warrant officers: discharge or retirement for years of service
or for age.''.
(f) Discharge or Retirement of Enlisted Members for Years
of Service or Age.--(1) Chapter 1203 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 12108. Enlisted members: discharge or retirement for
years of service or for age
``Each reserve enlisted member of the Army, Navy, Air
Force, or Marine Corps who is in an active status and has
reached the maximum years of service or age prescribed by the
Secretary concerned shall--
``(1) be transferred to the Retired Reserve if the member
is qualified for the transfer and does not request (in
accordance with regulations prescribed by the Secretary
concerned) not to be transferred to the Retired Reserve; or
``(2) be discharged if the member is not qualified for
transfer to the Retired Reserve or has requested (in
accordance with regulations prescribed by the Secretary
concerned) not to be so transferred.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``12108. Enlisted members: discharge or retirement for years of service
or for age.''.
(g) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first month that is more than 180 days after the date of the
enactment of this Act.
SEC. 517. SPACE-REQUIRED TRAVEL BY RESERVES ON MILITARY
AIRCRAFT.
(a) Correction of Impairment to Authorized Travel With
Allowances.--Section 18505(a) of title 10, United States
Code, is amended by striking ``annual training duty or'' each
place it appears.
(b) Conforming Amendments.--(1) The heading for such
section is amended to read as follows:
``Sec. 18505. Reserves traveling for inactive-duty training:
space-required travel on military aircraft''.
(2) The item relating to such section in the table of
contents at the beginning of chapter 1805 of title 10, United
States Code, is amended to read as follows:
``18505. Reserves traveling for inactive-duty training: space-required
travel on military aircraft.''.
Subtitle C--Education and Training
SEC. 531. IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST
PROGRAM.
(a) Increased Maximum Period of Delayed Entry.--Section 573
of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 113 Stat. 623; 10 U.S.C. 513 note)
is amended--
(1) in subsection (b)--
(A) by striking the matter preceding paragraph (1) and
inserting the following:
``(b) Delayed Entry With Allowance for Higher Education.--
Under the pilot program, the Secretary may--
``(1) exercise the authority under section 513 of title 10,
United States Code--'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and realigning those
subparagraphs four ems from the left margin;
(C) in subparagraph (A), as so redesignated, by inserting
``and'' after the semicolon; and
(D) in subparagraph (B), as so redesignated, by striking
``two years after the date of such enlistment as a Reserve
under paragraph (1)'' and inserting ``the maximum period of
delay determined for the person under subsection (c)''; and
(2) in subsection (c)--
(A) by striking ``paragraph (2)'' and inserting ``paragraph
(1)(B)'';
(B) by striking ``two-year period'' and inserting ``30-
month period''; and
(C) by striking ``paragraph (1)'' and inserting ``paragraph
(1)(A)''.
(b) Allowance Eligibility and Amount.--(1) Such section is
further amended--
(A) in subsection (b), by striking paragraph (3) and
inserting the following:
``(2) subject to paragraph (2) of subsection (d) and except
as provided in paragraph (3) of such subsection, pay an
allowance to the person for each month of that period during
which the member is enrolled in and pursuing such a
program''; and
(B) in subsection (d)--
(i) by redesignating paragraph (2) as paragraph (4);
(ii) by striking paragraph (1) and inserting the following
new paragraphs:
``(1) The monthly allowance paid under subsection (b)(2)
shall be equal to the amount of the subsistence allowance
provided for certain members of the Senior Reserve Officers'
Training Corps under section 209(a) of title 37, United
States Code.
``(2) An allowance may not be paid to a person under this
section for more than 24 months.
``(3) A member of the Selected Reserve of a reserve
component may be paid an allowance under this section only
for months during which the member performs satisfactorily as
a member of a unit of the reserve component that trains as
prescribed in section 10147(a)(1) of title 10, United States
Code, or section 502(a) of title 32, United States Code.
Satisfactory performance shall be determined under
regulations prescribed by the Secretary.''
(2) The heading for such subsection is amended by striking
``Amount of''.
(c) Ineligibility for Loan Repayments.--Such section is
further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Ineligibility for Loan Repayments.--A person who has
received an allowance under this section is not eligible for
any benefits under chapter 109 of title 10, United States
Code.
(d) Recoupment of Allowance.--Such section, as amended by
subsection (c), is further amended by inserting after
subsection (e) the following new subsection:
``(f) Recoupment of Allowance.--(1) A person who, after
receiving an allowance under this section, fails to complete
the total period of service required of that person in
connection with delayed entry authorized for the person under
section 513 of title 10, United States Code, shall repay the
United States the amount which bears the same ratio to the
total amount of that allowance paid to the person as the
unserved part of the total required period of service bears
to the total period.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge of a person in bankruptcy under title 11,
United States Code, that is entered less than five years
after the date on which the person was, or was to be,
enlisted in the regular Army pursuant to the delayed entry
authority under section 513 of title 10, United States Code,
does not discharge that person from a debt arising under
paragraph (1).
``(4) The Secretary of the Army may waive, in whole or in
part, a debt arising under paragraph (1) in any case for
which the Secretary determines that recovery would be against
equity and good conscience or would be contrary to the best
interests of the United States.''.
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001, and shall apply with
respect to persons who, on or after that date, are enlisted
as described in subsection (a) of section 513 of title 10,
United States Code, with delayed entry authorized under that
section.
SEC. 532. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS UNITS.
Section 2031(a)(1) of title 10, United States Code, is
amended by striking the second sentence.
SEC. 533. ACCEPTANCE OF FELLOWSHIPS, SCHOLARSHIPS, OR GRANTS
FOR LEGAL EDUCATION OF OFFICERS PARTICIPATING
IN THE FUNDED LEGAL EDUCATION PROGRAM.
(a) FLEP Detail.--Section 2004 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Acceptance of a fellowship, scholarship, or grant as
financial assistance for training described in subsection (a)
in accordance with section 2603(a) of this title does not
disqualify the officer accepting it from also being detailed
at a law school for that training under this section. Service
obligations incurred under subsection (b)(2)(C) and section
2603(b) of this title with respect to the same training shall
be served consecutively.''.
(b) Fellowships, Scholarships, or Grants.--Section 2603 of
such title is amended by adding at the end the following new
subsection:
``(c) A detail of an officer for training at a law school
under section 2004 of this title does not disqualify the
officer from also accepting a fellowship, scholarship, or
grant under this section as financial assistance for that
training. Service obligations incurred under subsection (b)
and section 2004(b)(2)(C) of this title with respect to the
same training shall be served consecutively.''.
SEC. 534. GRANT OF DEGREE BY DEFENSE LANGUAGE INSTITUTE
FOREIGN LANGUAGE CENTER.
(a) Authority.--Chapter 108 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2167. Defense Language Institute: associate of arts
``Under regulations prescribed by the Secretary of Defense,
the Commandant of the Foreign Language Center of the Defense
Language Institute may confer an associate of arts degree in
foreign language upon graduates of the Institute who fulfill
the requirements for the degree, as certified by the Provost
of the Institute.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2167. Defense Language Institute: associate of arts.''.
SEC. 535. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD
THE DEGREE OF MASTER OF STRATEGIC STUDIES.
(a) Authority.--(1) Subsection (a) of section 7102 of title
10, United States Code, is amended to read as follows:
[[Page H6963]]
``(a) Authority.--Upon the recommendation of the Director
and faculty of a college of the Marine Corps University, the
President of the Marine Corps University may confer a degree
upon graduates of the college who fulfill the requirements
for the degree, as follows:
``(1) For the Marine Corps War College, the degree of
master of strategic studies.
``(2) For the Command and Staff College, the degree of
master of military studies.''.
(2)(A) The heading for such section is amended to read as
follows:
``Sec. 7102. Marine Corps University: masters degrees''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 609 of title 10, United
States Code, is amended to read as follows:
``7102. Marine Corps University: masters degrees.''.
(b) Condition for Initial Exercise of Authority.--(1) The
President of the Marine Corps University may exercise the
authority provided under section 7102(a)(1) of title 10,
United States Code, only after the Secretary of Education has
notified the Secretary of the Navy of a determination made
under paragraph (2) that the requirements established by the
Marine Corps War College of the Marine Corps University for
the degree of master of strategic studies are in accordance
with the requirements typically imposed for awards of the
degree of master of arts by institutions of higher education
in the United States.
(2) The Secretary of Education shall review the
requirements established by the Marine Corps War College of
the Marine Corps University for the degree of master of
strategic studies, determine whether the requirements are in
accordance with the requirements typically imposed for awards
of the degree of master of arts by institutions of higher
education in the United States, and notify the Secretary of
the Navy of the determination.
SEC. 536. FOREIGN PERSONS ATTENDING THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Subsection (a)(1)
of section 4344 of title 10, United States Code, is amended
by striking ``not more than 40 persons'' and inserting ``not
more than 60 persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver
of reimbursement is granted by the Secretary of Defense'' in
the first sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in
part, the requirement for reimbursement of the cost of
instruction for a cadet under paragraph (2). In the case of a
partial waiver, the Secretary shall establish the amount
waived.''.
(b) United States Naval Academy.--(1) Subsection (a)(1) of
section 6957 of such title is amended by striking ``not more
than 40 persons'' and inserting ``not more than 60 persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver
of reimbursement is granted by the Secretary of Defense'' in
the first sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in
part, the requirement for reimbursement of the cost of
instruction for a midshipman under paragraph (2). In the case
of a partial waiver, the Secretary shall establish the amount
waived.''.
(c) United States Air Force Academy.--(1) Subsection (a)(1)
of section 9344 of such title is amended by striking ``not
more than 40 persons'' and inserting ``not more than 60
persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver
of reimbursement is granted by the Secretary of Defense'' in
the first sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in
part, the requirement for reimbursement of the cost of
instruction for a cadet under paragraph (2). In the case of a
partial waiver, the Secretary shall establish the amount
waived.''.
(d) Applicability.--The amendments made by this section
shall apply with respect to academic years that begin after
October 1, 2001.
SEC. 537. EXPANSION OF FINANCIAL ASSISTANCE PROGRAM FOR
HEALTH-CARE PROFESSIONALS IN RESERVE COMPONENTS
TO INCLUDE STUDENTS IN PROGRAMS OF EDUCATION
LEADING TO INITIAL DEGREE IN MEDICINE OR
DENTISTRY.
(a) Medical and Dental Student Stipend.--Section 16201 of
title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Programs Leading to Initial Medical or Dental
Degree.--(1) Under the stipend program under this chapter,
the Secretary of the military department concerned may enter
into an agreement with a person who--
``(A) is eligible to be appointed as an officer in a
reserve component of the armed forces; and
``(B) is enrolled or has been accepted for enrollment in an
accredited medical or dental school in a program of education
and training that results in an initial degree in medicine or
dentistry.
``(2) Under the agreement--
``(A) the Secretary of the military department concerned
shall agree to pay the participant a stipend, in the amount
determined under subsection (f), for the period or the
remainder of the period that the student is satisfactorily
progressing toward an initial degree in medicine or dentistry
in a program of an accredited medical or dental school;
``(B) the participant shall not be eligible to receive such
stipend before appointment, designation, or assignment as an
officer for service in the Ready Reserve;
``(C) the participant shall be subject to such active duty
requirements as may be specified in the agreement and to
active duty in time of war or national emergency as provided
by law for members of the Ready Reserve; and
``(D) the participant shall agree--
``(i) to complete the program of education and training in
which enrolled or accepted for enrollment as described in
paragraph (1)(B);
``(ii) to accept an appointment or designation in the
participant's reserve component, if tendered, based upon the
participant's health profession, following satisfactory
completion of the educational and internship components of
the program of education and training;
``(iii) if required by regulations prescribed by the
Secretary of Defense, to apply for (if eligible) and accept
(if offered) residency training in a health profession skill
that has been designated by the Secretary of Defense as a
skill critically needed by the armed forces in wartime; and
``(iv) to serve in the Selected Reserve, upon successful
completion of the program, for the period of service
applicable under paragraph (3).
``(3)(A) Except as provided in subparagraph (B), the
minimum period for which a participant shall serve in the
Selected Reserve under the agreement pursuant to paragraph
(2)(D)(iv) shall be one year in the Selected Reserve for each
six months, or part thereof, for which the participant is
provided a stipend pursuant to the agreement.
``(B) If a participant referred to in subparagraph (A)
enters into an agreement under subsection (b) and, after
completing a program of education and training for which a
stipend was provided under this subsection, successfully
completes residency training in the specialty covered by the
agreement, the minimum period for which the participant shall
serve in the Selected Reserve under that agreement and the
agreement under this subsection shall be one year for each
year, or part thereof, for which a stipend was provided under
this chapter.''.
(b) Amount of Stipend.--Subsection (f) of such section, as
redesignated by subsection (a), is amended by striking ``or
(c)'' and inserting ``, (c), or (e)''.
(c) Eligibility for Assistance for Graduate Medical or
Dental Training.--Subsection (b) of such section is amended--
(1) by striking ``Specialties.--'' and inserting ``Wartime
Specialties.--''; and
(2) in paragraph (1)(B), by inserting ``, or has been
appointed,'' after ``assignment''.
(d) Service Obligation for Stipend for Other Professional
Programs.--(1) Subsection (b)(2)(D) of such section by
striking ``agree to serve, upon successful completion of the
program, two years in the Ready Reserve for each year,'' and
inserting ``agree (subject to subsection (e)(3)(B)) to serve,
upon successful completion of the program, one year in the
Ready Reserve for each six months,''.
(2) Subsection (c)(2)(D) of such section is amended by
striking ``two years in the Ready Reserve for each year,''
and inserting ``one year in the Ready Reserve for each six
months,''.
(e) Conforming Amendments.--(1) Subsection (a) of such
section is amended--
(A) in the first sentence--
(i) by inserting ``in health professions and'' after
``qualified''; and
(ii) by striking ``training in such'' and inserting
``education and training in such professions and''; and
(B) in the second sentence, by striking ``training in
certain'' and inserting ``education and training in certain
health professions and''.
(2) Subsections (b)(2)(A) and (c)(2)(A) of such section are
amended by striking ``subsection (e)'' and inserting
``subsection (f)''.
SEC. 538. PILOT PROGRAM FOR DEPARTMENT OF VETERANS AFFAIRS
SUPPORT FOR GRADUATE MEDICAL EDUCATION AND
TRAINING OF MEDICAL PERSONNEL OF THE ARMED
FORCES.
(a) Requirement for Program.--The Secretary of Defense and
the Secretary of Veterans Affairs may jointly carry out a
pilot program of graduate medical education and training for
medical personnel of the Armed Forces.
(b) Department of Veterans Affairs Medical Centers.--Under
any pilot program carried out under this section, the
Secretary of Defense and the Secretary of Veterans Affairs
shall provide for medical personnel of the Armed Forces to
pursue one or more programs of graduate medical education and
training in one or more medical centers of the Department of
Veterans Affairs.
(c) Agreement.--The Secretary of Defense and the Secretary
of Veterans Affairs shall enter into an agreement for
carrying out any pilot program under this section. The
agreement shall provide a means for the Secretary
[[Page H6964]]
of Defense to defray the costs incurred by the Secretary of
Veterans Affairs in providing the graduate medical education
and training in, or the use of, the facility or facilities of
the Department of Veterans Affairs participating in the pilot
program.
(d) Use of Existing Authorities.--To carry out the pilot
program, the Secretary of Defense and the Secretary of
Veterans Affairs shall exercise authorities provided to the
Secretaries, respectively, under other laws relating to the
furnishing or support of medical education and the
cooperative use of facilities.
(e) Period of Program.--Any pilot program carried out under
this section shall begin not later than August 1, 2002, and
shall terminate on July 31, 2007.
(f) Annual Report.--(1) Not later than January 31, 2003,
and January 31 of each year thereafter, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
submit to Congress a report on the conduct of any pilot
program carried out under this section. The report shall
cover the preceding year and shall include the Secretaries'
assessment of the efficacy of providing for medical personnel
of the Armed Forces to pursue programs of graduate medical
education and training in medical centers of the Department
of Veterans Affairs.
(2) The reporting requirement under this subsection shall
terminate upon the submittal of the report due on January 31,
2008.
SEC. 539. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL BY MEMBERS OF THE
ARMED FORCES WITH CRITICAL MILITARY SKILLS.
(a) Authority To Transfer to Family Members.--(1)
Subchapter II of chapter 30 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 3020. Transfer of entitlement to basic educational
assistance: members of the Armed Forces with critical
military skills
``(a) In General.--Subject to the provisions of this
section, each Secretary concerned may, for the purpose of
enhancing recruitment and retention of members of the Armed
Forces with critical military skills and at such Secretary's
sole discretion, permit an individual described in subsection
(b) who is entitled to basic educational assistance under
this subchapter to elect to transfer, in whole or in part, up
to 18 months of such individual's entitlement to such
assistance to the dependents specified in subsection (c).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the Armed Forces who, at the
time of the approval by the Secretary concerned of the
member's request to transfer entitlement to basic educational
assistance under this section--
``(1) has completed six years of service in the Armed
Forces;
``(2) either--
``(A) has a critical military skill designated by the
Secretary concerned for purposes of this section; or
``(B) is in a military specialty designated by the
Secretary concerned for purposes of this section as requiring
critical military skills; and
``(3) enters into an agreement to serve at least four more
years as a member of the Armed Forces.
``(c) Eligible Dependents.--An individual approved to
transfer an entitlement to basic educational assistance under
this section may transfer the individual's entitlement as
follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number
of months of entitlement transferred by an individual under
this section may not exceed 18 months.
``(e) Designation of Transferee.--An individual
transferring an entitlement to basic educational assistance
under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred and the percentage of such
entitlement to be transferred to each such dependent; and
``(2) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1)
Subject to the time limitation for use of entitlement under
section 3031 of this title, an individual approved to
transfer entitlement to basic educational assistance under
this section may transfer such entitlement at any time after
the approval of individual's request to transfer such
entitlement without regard to whether the individual is a
member of the Armed Forces when the transfer is executed.
``(2)(A) An individual transferring entitlement under this
section may modify or revoke at any time the transfer of any
unused portion of the entitlement so transferred.
``(B) The modification or revocation of the transfer of
entitlement under this paragraph shall be made by the
submittal of written notice of the action to both the
Secretary concerned and the Secretary of Veterans Affairs.
``(g) Commencement of Use.--A dependent to whom entitlement
to basic educational assistance is transferred under this
section may not commence the use of the transferred
entitlement until the following:
``(1) In the case of entitlement transferred to a spouse,
the completion by the individual making the transfer of 6
years of service in the Armed Forces.
``(2) In the case of entitlement transferred to a child,
both--
``(A) the completion by the individual making the transfer
of 10 years of service in the Armed Forces; and
``(B) either--
``(i) the completion by the child of the requirements of a
secondary school diploma (or equivalency certificate); or
``(ii) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--(1) The use of
any entitlement to basic educational assistance transferred
under this section shall be charged against the entitlement
of the individual making the transfer at the rate of one
month for each month of transferred entitlement that is used.
``(2) Except as provided under subsection (e)(2) and
subject to paragraphs (4) and (5), a dependent to whom
entitlement is transferred under this section is entitled to
basic educational assistance under this subchapter in the
same manner and at the same rate as the individual from whom
the entitlement was transferred.
``(3) The death of an individual transferring an
entitlement under this section shall not affect the use of
the entitlement by the individual to whom the entitlement is
transferred.
``(4) Notwithstanding section 3031 of this title, a child
to whom entitlement is transferred under this section may not
use any entitlement so transferred after attaining the age of
26 years.
``(5) The administrative provisions of this chapter
(including the provisions set forth in section 3034(a)(1) of
this title) shall apply to the use of entitlement transferred
under this section, except that the dependent to whom the
entitlement is transferred shall be treated as the eligible
veteran for purposes of such provisions.
``(6) The purposes for which a dependent to whom
entitlement is transferred under this section may use such
entitlement shall include the pursuit and completion of the
requirements of a secondary school diploma (or equivalency
certificate).
``(i) Overpayment.--(1) In the event of an overpayment of
basic educational assistance with respect to a dependent to
whom entitlement is transferred under this section, the
dependent and the individual making the transfer shall be
jointly and severally liable to the United States for the
amount of the overpayment for purposes of section 3685 of
this title.
``(2) Except as provided in paragraph (3), if an individual
transferring entitlement under this section fails to complete
the service agreed to by the individual under subsection
(b)(3) in accordance with the terms of the agreement of the
individual under that subsection, the amount of any
transferred entitlement under this section that is used by a
dependent of the individual as of the date of such failure
shall be treated as an overpayment of basic educational
assistance under paragraph (1).
``(3) Paragraph (2) shall not apply in the case of an
individual who fails to complete service agreed to by the
individual--
``(A) by reason of the death of the individual; or
``(B) for a reason referred to in section
3011(a)(1)(A)(ii)(I) of this title.
``(j) Approvals of Transfer Subject to Availability of
Appropriations.--The Secretary concerned may approve
transfers of entitlement to basic educational assistance
under this section in a fiscal year only to the extent that
appropriations for military personnel are available in the
fiscal year for purposes of making deposits in the Department
of Defense Education Benefits Fund under section 2006 of
title 10 in the fiscal year to cover the present value of
future benefits payable from the Fund for the Department of
Defense portion of payments of basic educational assistance
attributable to increased usage of benefits as a result of
such transfers of entitlement in the fiscal year.
``(k) Regulations.--The Secretary of Defense shall
prescribe regulations for purposes of this section. Such
regulations shall specify the manner and effect of an
election to modify or revoke a transfer of entitlement under
subsection (f)(2), and shall specify the manner of the
applicability of the administrative provisions referred to in
subsection (h)(5) to a dependent to whom entitlement is
transferred under this section.
``(l) Annual Reports.--(1) Not later than January 31, 2003,
and each year thereafter, each Secretary concerned shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the transfers of
entitlement to basic educational assistance under this
section that were approved by such Secretary during the
preceding year.
``(2) Each report shall set forth--
``(A) the number of transfers of entitlement under this
section that were approved by such Secretary during the
preceding year; or
``(B) if no transfers of entitlement under this section
were approved by such Secretary during that year, a
justification for such Secretary's decision not to approve
any such transfers of entitlement during that year.
``(m) Secretary Concerned Defined.--Notwithstanding section
101(25) of this title, in this section, the term `Secretary
concerned' means--
[[Page H6965]]
``(1) the Secretary of the Army with respect to matters
concerning the Army;
``(2) the Secretary of the Navy with respect to matters
concerning the Navy or the Marine Corps;
``(3) the Secretary of the Air Force with respect to
matters concerning the Air Force; and
``(4) the Secretary of the Defense with respect to matters
concerning the Coast Guard, or the Secretary of
Transportation when it is not operating as a service in the
Navy.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
3019 the following new item:
``3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces with critical military
skills.''.
(b) Treatment Under Department of Defense Education
Benefits Fund.--Section 2006(b)(2) of title 10, United States
Code, is amended by adding at the end the following:
``(D) The present value of future benefits payable from the
Fund for the Department of Defense portion of payments of
educational assistance under subchapter II of chapter 30 of
title 38 attributable to increased usage of benefits as a
result of transfers of entitlement to basic educational
assistance under section 3020 of that title during such
period.''.
(c) Plan for Implementation.--Not later than June 30, 2002,
the Secretary of Defense shall submit to Congress a report
describing the manner in which the Secretaries of the
military departments and the Secretary of Transportation
propose to exercise the authority granted by section 3020 of
title 38, United States Code, as added by subsection (a). The
report shall include the regulations prescribed under
subsection (k) of that section for purposes of the exercise
of the authority.
(d) Funding for Fiscal Year 2002.--Of the amount authorized
to be appropriated to the Department of Defense for military
personnel for fiscal year 2002 by section 421, $30,000,000
may be available in fiscal year 2002 for deposit into the
Department of Defense Education Benefits Fund under section
2006 of title 10, United States Code, for purposes of
covering payments of amounts under subparagraph (D) of
section 2006(b)(2) of title 10, United States Code (as added
by subsection (b)), as a result of transfers of entitlement
to basic educational assistance under section 3020 of title
38, United States Code (as added by subsection (a)).
SEC. 540. PARTICIPATION OF REGULAR MEMBERS OF THE ARMED
FORCES IN THE SENIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) Eligibility.--Section 2104(b)(3) of title 10, United
States Code, is amended by inserting ``the regular component
or'' after ``enlist in''.
(b) Pay Rate While on Field Training or Practice Cruise.--
Section 209(c) of title 37, United States Code, is amended by
inserting before the period at the end the following: ``,
except that the rate for a cadet or midshipmen who is a
member of the regular component of an armed force shall be
the rate of basic pay applicable to the member under section
203 of this title''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2001.
Subtitle D--Decorations, Awards, and Commendations
SEC. 551. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO
HUMBERT R. VERSACE FOR VALOR DURING THE VIETNAM
WAR.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the
military service, the President may award the Medal of Honor
under section 3741 of that title to Humbert R. Versace for
the acts of valor referred to in subsection (b).
(b) Action Described.--The acts of valor referred to in
subsection (a) are the actions of Humbert R. Versace between
October 29, 1963, and September 26, 1965, while interned as a
prisoner of war by the Vietnamese Communist National
Liberation Front (Viet Cong) in the Republic of Vietnam.
SEC. 552. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN
JEWISH AMERICAN WAR VETERANS.
(a) Review Required.--The Secretary of each military
department shall review the service records of each Jewish
American war veteran described in subsection (b) to determine
whether or not that veteran should be awarded the Medal of
Honor.
(b) Covered Jewish American War Veterans.--The Jewish
American war veterans whose service records are to be
reviewed under subsection (a) are the following:
(1) Any Jewish American war veteran who was previously
awarded the Distinguished Service Cross, the Navy Cross, or
the Air Force Cross.
(2) Any other Jewish American war veteran whose name is
submitted to the Secretary concerned for such purpose by the
Jewish War Veterans of the United States of America before
the end of the one-year period beginning on the date of the
enactment of this Act.
(c) Consultations.--In carrying out the review under
subsection (a), the Secretary of each military department
shall consult with the Jewish War Veterans of the United
States of America and with such other veterans service
organizations as the Secretary considers appropriate.
(d) Recommendation Based on Review.--If the Secretary
concerned determines, based upon the review under subsection
(a) of the service records of any Jewish American war
veteran, that the award of the Medal of Honor to that veteran
is warranted, the Secretary shall submit to the President a
recommendation that the President award the Medal of Honor to
that veteran.
(e) Authority To Award Medal of Honor.--A Medal of Honor
may be awarded to a Jewish American war veteran in accordance
with a recommendation of the Secretary concerned under
subsection (d).
(f) Waiver of Time Limitations.--An award of the Medal of
Honor may be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished Service Cross, Navy Cross, Air Force
Cross, or any other decoration has been awarded.
(g) Jewish American War Veteran Defined.--In this section,
the term ``Jewish American war veteran'' means any person who
served in the Armed Forces during World War II or a later
period of war and who identified himself or herself as Jewish
on his or her military personnel records.
SEC. 553. ISSUANCE OF DUPLICATE AND REPLACEMENT MEDALS OF
HONOR.
(a) Army.--(1)(A) Chapter 357 of title 10, United States
Code, is amended by inserting after section 3747 the
following new section:
``Sec. 3747a. Medal of honor: issuance of duplicate
``(a) Issuance.--Upon written application by a person to
whom a medal of honor has been awarded under this chapter,
the Secretary of the Army may issue to the person one
duplicate medal of honor, with ribbons and appurtenances. No
charge may be imposed for the issuance of the duplicate
medal.
``(b) Special Marking.--A duplicate medal of honor issued
under this section shall be marked as a duplicate or for
display purposes only. The Secretary shall prescribe the
manner in which the duplicate medal is marked.
``(c) Issuance Not To Be Considered Additional Award.--The
issuance of a duplicate medal of honor under of this section
may not be considered an award of more than one medal of
honor prohibited by section 3744(a) of this title.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
3747 the following:
``3747a. Medal of honor: issuance of duplicate.''.
(2) Section 3747 of title 10, United States Code, is
amended by striking ``lost'' and inserting ``stolen, lost,''.
(b) Navy and Marine Corps.--(1)(A) Chapter 567 of such
title is amended by inserting after section 6253 the
following new section:
``Sec. 6253a. Medal of honor: issuance of duplicate
``(a) Issuance.--Upon written application by a person to
whom a medal of honor has been awarded under this chapter,
the Secretary of the Navy may issue to the person one
duplicate medal of honor, with ribbons and appurtenances. No
charge may be imposed for the issuance of the duplicate
medal.
``(b) Special Marking.--A duplicate medal of honor issued
under this section shall be marked as a duplicate or for
display purposes only. The Secretary shall prescribe the
manner in which the duplicate medal is marked.
``(c) Issuance Not To Be Considered Additional Award.--The
issuance of a duplicate medal of honor under this section may
not be considered an award of more than one medal of honor
prohibited by section 6247 of this title.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
6253 the following:
``6253a. Medal of honor: issuance of duplicate.''.
(2) Section 6253 of title 10, United States Code, is
amended by striking ``lost'' and inserting ``stolen, lost,''.
(c) Air Force.--(1)(A) Chapter 857 of such title is amended
by inserting after section 8747 the following new section:
``Sec. 8747a. Medal of honor: issuance of duplicate
``(a) Issuance.--Upon written application by a person to
whom a medal of honor has been awarded under this chapter,
the Secretary of the Air Force may issue to the person one
duplicate medal of honor, with ribbons and appurtenances. No
charge may be imposed for the issuance of the duplicate
medal.
``(b) Special Marking.--A duplicate medal of honor issued
under this section shall be marked as a duplicate or for
display purposes only. The Secretary shall prescribe the
manner in which the duplicate medal is marked.
``(c) Issuance Not To Be Considered Additional Award.--The
issuance of a duplicate medal of honor under this section may
not be considered an award of more than one medal of honor
prohibited by section 8744(a) of this title.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
8747 the following:
[[Page H6966]]
``8747a. Medal of honor: issuance of duplicate.''.
(2) Section 8747 of title 10, United States Code, is
amended by striking ``lost'' and inserting ``stolen, lost,''.
SEC. 554. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy
for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not
apply to awards of decorations described in this section, the
award of each such decoration having been determined by the
Secretary concerned to be warranted in accordance with
section 1130 of title 10, United States Code.
(b) Silver Star.--Subsection (a) applies to the award of
the Silver Star to Wayne T. Alderson, of Glassport,
Pennsylvania, for gallantry in action from March 15 to March
18, 1945, while serving as a member of the Army.
(c) Distinguished Flying Cross.--Subsection (a) applies to
the award of the Distinguished Flying Cross for service
during World War II (including multiple awards to the same
individual) in the case of each individual concerning whom
the Secretary of the Navy (or an officer of the Navy acting
on behalf of the Secretary) submitted to the Committee on
Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate, during the period
beginning on October 30, 2000, and ending on the day before
the date of the enactment of this Act, a notice as provided
in section 1130(b) of title 10, United States Code, that the
award of the Distinguished Flying Cross to that individual is
warranted and that a waiver of time restrictions prescribed
by law for recommendation for such award is recommended.
SEC. 555. SENSE OF SENATE ON ISSUANCE OF KOREA DEFENSE
SERVICE MEDAL.
It is the sense of the Senate that the Secretary of Defense
should consider authorizing the issuance of a campaign medal,
to be known as the Korea Defense Service Medal, to each
person who while a member of the Armed Forces served in the
Republic of Korea, or the waters adjacent thereto, during the
period beginning on July 28, 1954, and ending on such date
after that date as the Secretary considers appropriate.
SEC. 556. RETROACTIVE MEDAL OF HONOR SPECIAL PENSION.
(a) Entitlement.--Notwithstanding any other provision of
law, Robert R. Ingram of Jacksonville, Florida, who was
awarded the Medal of Honor pursuant to Public Law 105-103
(111 Stat. 2218), shall be entitled to the special pension
provided for under section 1562 of title 38, United States
Code (and antecedent provisions of law), for months that
begin after March 1966.
(b) Amount.--The amount of special pension payable under
subsection (a) for a month beginning before the date of the
enactment of this Act shall be the amount of special pension
provided for by law for that month for persons entered and
recorded in the Army, Navy, Air Force, and Coast Guard Medal
of Honor Roll (or antecedent Medal of Honor Roll required by
law).
Subtitle E--Funeral Honors Duty
SEC. 561. ACTIVE DUTY END STRENGTH EXCLUSION FOR RESERVES ON
ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY
FOR FUNERAL HONORS DUTY.
Section 115(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(10) Members of reserve components on active duty or
full-time National Guard duty to prepare for and to perform
funeral honors functions under section 1491 of this title.''.
SEC. 562. PARTICIPATION OF RETIREES IN FUNERAL HONORS
DETAILS.
(a) Authority.--(1) Subsection (b)(2) of section 1491 of
title 10, United States Code, is amended by inserting ``,
members or former members of the armed forces in a retired
status,'' in the second sentence after ``members of the armed
forces''.
(2) Subsection (h) of such section is amended to read as
follows:
``(h) Definitions.--In this section:
``(1) The term `retired status', with respect to a member
or former member of the armed forces, means that the member
or former member--
``(A) is on a retired list of an armed force;
``(B) is entitled to receive retired or retainer pay; or
``(C) except for not having attained 60 years of age, would
be entitled to receive retired pay upon application under
chapter 1223 of this title.
``(2) The term `veteran' means a decedent who--
``(A) served in the active military, naval, or air service
(as defined in section 101(24) of title 38) and who was
discharged or released therefrom under conditions other than
dishonorable; or
``(B) was a member or former member of the Selected Reserve
described in section 2301(f) of title 38.''.
(b) Funeral Honors Duty Allowance.--Section 435(a) of title
37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a) Allowance
Authorized.--''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary concerned may authorize payment of
an allowance to a member or former member of the armed forces
in a retired status (as defined in section 1491(h) of title
10) for participating as a member of a funeral honors detail
under section 1491 of title 10 for a period of at least two
hours, including time for preparation.
``(B) An allowance paid to a member or former member under
subparagraph (A) shall be in addition to any retired or
retainer pay or other compensation to which the member or
former member is entitled under this title or title 10 or
38.''.
SEC. 563. BENEFITS AND PROTECTIONS FOR MEMBERS IN A FUNERAL
HONORS DUTY STATUS.
(a) Funeral Honors Duty Defined.--Section 101(d) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(8) The term `funeral honors duty' means duty under
section 12503 of this title or section 115 of title 32.''.
(b) Applicability of Uniform Code of Military Justice.--
Section 802 of title 10, United States Code, is amended--
(1) in subsection (a)(3), by inserting ``or engaged in
funeral honors duty'' after ``on inactive-duty training'';
and
(2) in subsection (d)(2)(B), by inserting ``or engaged in
funeral honors duty'' after ``on inactive-duty training''.
(c) Commissary Stores Privileges for Dependents of a
Deceased Reserve Component Member.--Section 1061(b) of such
title is amended--
(1) in paragraph (1)--
(A) by striking ``or'' the first place it appears; and
(B) by inserting ``, or funeral honors duty'' before the
semicolon; and
(2) in paragraph (2)--
(A) by striking ``or'' the third place it appears; and
(B) by inserting ``, or funeral honors duty'' before the
period.
(d) Payment of a Death Gratuity.--(1) Section 1475(a) of
such title is amended--
(A) in paragraph (2), by inserting ``or while engaged in
funeral honors duty'' after ``Public Health Service)''; and
(B) in paragraph (3)--
(i) by striking ``or inactive duty training'' the first
place it appears and inserting ``inactive-duty training'';
(ii) by inserting ``or funeral honors duty,'' after
``Public Health Service),''; and
(iii) by striking ``or inactive duty training'' the second
place it appears and inserting ``, inactive-duty training, or
funeral honors duty''.
(2) Section 1476(a) of such title is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or'';
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following new subparagraph:
``(C) funeral honors duty.''; and
(B) in paragraph (2)(A), by striking ``or inactive-duty
training'' and inserting ``, inactive-duty training, or
funeral honors duty''.
(e) Military Authority for Members of the Coast Guard
Reserve.--(1) Section 704 of title 14, United States Code, is
amended by striking ``or inactive-duty training'' in the
second sentence and inserting ``, inactive-duty training, or
funeral honors duty''.
(2) Section 705(a) of such title is amended by inserting
``on funeral honors duty,'' after ``on inactive-duty
training,''.
(f) Veterans Benefits.--Section 101(24) of title 38, United
States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(ii) and inserting ``; and''; and
(3) by adding at the end the following new subparagraph
(D):
``(D) any period of funeral honors duty (as defined in
section 101(d) of title 10) during which the individual
concerned was disabled or died from an injury incurred or
aggravated in line of duty.''.
(g) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2001.
SEC. 564. MILITARY LEAVE FOR CIVILIAN EMPLOYEES SERVING AS
MILITARY MEMBERS OF FUNERAL HONORS DETAIL.
Section 6323(a) of title 5, United States Code, is
amended--
(1) in the first sentence of paragraph (1), by striking
``active duty, inactive duty training'' and all that follows
through ``National Guard'' and inserting ``military duty or
training described in paragraph (4)''; and
(2) by adding at the end the following new paragraph:
``(4) The entitlement under paragraph (1) applies to the
performance of duty or training as a Reserve of the armed
forces or member of the National Guard, as follows:
``(A) Active duty.
``(B) Inactive duty training (as defined in section 101 of
title 37).
``(C) Field or coast defense training under sections 502
through 505 of title 32.
``(D) Funeral honors duty under section 12503 of title 10
or section 115 of title 32.''.
Subtitle F--Uniformed Services Overseas Voting
SEC. 571. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF
VOTING BY MEMBERS OF THE UNIFORMED SERVICES.
(a) Sense of the Senate.--It is the sense of the Senate
that each administrator of a Federal, State, or local
election should--
(1) be aware of the importance of the ability of each
uniformed services voter to exercise their right to vote; and
[[Page H6967]]
(2) perform their duties with the intent to ensure that--
(A) each uniformed services voter receives the utmost
consideration and cooperation when voting;
(B) each valid ballot cast by such a voter is duly counted;
and
(C) all eligible American voters, regardless of race,
ethnicity, disability, the language they speak, or the
resources of the community in which they live should have an
equal opportunity to cast a vote and have that vote counted.
(b) Uniformed Services Voter Defined.--In this section, the
term ``uniformed services voter'' means--
(1) a member of a uniformed service (as defined in section
101(a)(5) of title 10, United States Code) in active service;
(2) a member of the merchant marine (as defined in section
107 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-6)); and
(3) a spouse or dependent of a member referred to in
subparagraph (A) or (B) who is qualified to vote.
SEC. 572. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT
UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is
amended--
(1) by striking ``Each State'' and inserting ``(a) In
General.--Each State''; and
(2) by adding at the end the following:
``(c) Standards for Invalidation of Certain Ballots.--
``(1) In general.--A State may not refuse to count a ballot
submitted in an election for Federal office by an absent
uniformed services voter solely--
``(A) on the grounds that the ballot lacked a notarized
witness signature, an address, other than on a Federal write-
in absentee ballot (SF186) or a postmark: Provided, That
there are other indicia that the vote was cast in a timely
manner; or
``(B) on the basis of a comparison of signatures on
ballots, envelopes, or registration forms unless there is a
lack of reasonable similarity between the signatures.
``(2) No effect on filing deadlines under state law.--
Nothing in this subsection may be construed to affect the
application to ballots submitted by absent uniformed services
voters of any ballot submission deadline applicable under
State law.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to ballots described in section
102(c) of the Uniformed and Overseas Citizens Absentee Voting
Act (as added by such subsection) that are submitted with
respect to elections that occur after the date of enactment
of this Act.
SEC. 573. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.
Article VII of the Soldiers' and Sailors' Civil Relief Act
of 1940 (50 U.S.C. App. 590 et seq.) is amended by adding at
the end the following:
``Sec. 704. (a) For purposes of voting for any Federal
office (as defined in section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431)) or a State or local
office, a person who is absent from a State in compliance
with military or naval orders shall not, solely by reason of
that absence--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not the person
intends to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.
``(b) In this section, the term `State' includes a
territory or possession of the United States, a political
subdivision of a State, territory, or possession, and the
District of Columbia.''.
SEC. 574. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR
ABSENT UNIFORMED SERVICES VOTERS TO STATE AND
LOCAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended
by section 572(a)(1), is further amended by inserting after
subsection (a) the following new subsection:
``(b) Elections for State and Local Offices.--Each State
shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and vote by absentee ballot
in general, special, primary, and runoff elections for State
and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the date of
the election.''.
(b) Conforming Amendment.--The heading for title I of such
Act is amended by striking ``FOR FEDERAL OFFICE''.
SEC. 575. USE OF SINGLE APPLICATION AS A SIMULTANEOUS
ABSENTEE VOTER REGISTRATION APPLICATION AND
ABSENTEE BALLOT APPLICATION.
Subsection (a) of section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as
redesignated by section 572(a)(1), is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) accept and process the official post card form
(prescribed under section 101) as a simultaneous absentee
voter registration application and absentee ballot
application; and''.
SEC. 576. USE OF SINGLE APPLICATION FOR ABSENTEE BALLOTS FOR
ALL FEDERAL ELECTIONS.
Subsection (a) of section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended
by section 575, is further amended by inserting after
paragraph (4) the following new paragraph (5):
``(5) accept and process, with respect to all general,
special, primary, and runoff elections for Federal office
occurring during a year, any otherwise valid absentee ballot
application from an absent uniformed services voter or
overseas voter if a single application for any such election
is received by the appropriate State election official not
less than 30 days before the first election for Federal
office occurring during the year.''.
SEC. 577. ELECTRONIC VOTING DEMONSTRATION PROJECT.
(a) Establishment of demonstration project.--
(1) In general.--Subject to paragraph (2), the Secretary of
Defense shall carry out a demonstration project under which
absent uniformed services voters (as defined in section
107(1) of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-6(1))) are permitted to cast ballots in
the regularly scheduled general election for Federal office
for November 2002, through an electronic voting system.
(2) Authority to delay implementation.--If the Secretary of
Defense determines that the implementation of the
demonstration project under paragraph (1) with respect to the
regularly scheduled general election for Federal office for
November 2002 may adversely affect the national security of
the United States, the Secretary may delay the implementation
of such demonstration project until the regularly scheduled
general election for Federal office for November 2004. The
Secretary shall notify the Armed Services Committees of the
Senate and the House of Representatives of any decision to
delay implementation of the demonstration project.
(b) Coordination With State Election Officials.--To the
greatest extent practicable, the Secretary of Defense shall
carry out the demonstration project under this section
through cooperative agreements with State election officials.
(c) Report to Congress.--Not later than June 1, 2003, the
Secretary of Defense shall submit a report to Congress
analyzing the demonstration project conducted under this
section, and shall include in the report any recommendations
the Secretary of Defense considers appropriate for continuing
the project on an expanded basis for absent uniformed
services voters during the next regularly scheduled general
election for Federal office.
SEC. 578. FEDERAL VOTING ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Defense shall promulgate
regulations to require each of the Armed Forces to ensure
their compliance with any directives issued by the Secretary
of Defense in implementing the Federal Voting Assistance
Program (referred to in this section as the ``Program'') or
any similar program.
(b) Review and Report.--(1) The Inspector General of each
of the Armed Forces shall--
(A) conduct an annual review of the effectiveness of the
Program or any similar program;
(B) conduct an annual review of the compliance with the
Program or any similar program of the branch; and
(C) submit an annual report to the Inspector General of the
Department of Defense on the results of the reviews under
subparagraphs (A) and (B).
(2) Not later than March 31, 2003, and annually thereafter,
the Inspector General of the Department of Defense shall
submit a report to Congress on--
(A) the effectiveness of the Program or any similar
program; and
(B) the level of compliance with the Program or any similar
program of the branches of the Armed Forces.
SEC. 579. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED
UNIFORMED SERVICES VOTERS TO THE POLLS.
(a) Absentee Registration.--For purposes of voting in any
primary, special, general, or runoff election for Federal
office (as defined in section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431)), each State shall, with
respect to any uniformed services voter (as defined in
section 571(b)) requesting to vote in the State accept and
process, with respect to any primary, special, general, or
runoff election, any otherwise valid voter registration
application submitted by such voter.
(b) Voting by Recently Separated Uniformed Services
Voters.--Each State shall permit each recently separated
uniformed services voter to vote in any election for which a
voter registration application has been accepted and
processed under subsection (a) if that voter--
(1) has registered to vote under such subsection; and
(2) is eligible to vote in that election under State law.
(c) Definitions.--In this section:
(1) The term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or
a territory or possession of the United States.
[[Page H6968]]
(2) The term ``recently separated uniformed services
voter'' means any individual who was a uniformed services
voter (as defined in section 571(b)) on the date that is 60
days before the date on which the individual seeks to vote
and who--
(A) presents to the election official Department of Defense
form 214 evidencing their former status as such a voter, or
any other official proof of such status; and
(B) is no longer such a voter; and
(C) is otherwise qualified to vote.
SEC. 580. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL
VOTING ASSISTANCE PROGRAM RECOMMENDATIONS.
(a) Reports.--Not later than 90 days after the date on
which a State receives a legislative recommendation, the
State shall submit a report on the status of the
implementation of that recommendation to the Presidential
designee and to each Member of Congress that represents that
State.
(b) Period of Applicability.--This section applies with
respect to legislative recommendations received by States
during the period beginning on the date of enactment of this
Act and ending three years after such date.
(c) Definitions.--In this section:
(1) The term ``legislative recommendation'' means a
recommendation of the Presidential designee suggesting a
modification in the laws of a State for the purpose of
maximizing the access to the polls of absent uniformed
services voters and overseas voters, including each
recommendation made under section 104 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3).
(2) The term ``Presidential designee'' means the head of
the executive department designated under section 101 of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff).
Subtitle G--Other Matters
SEC. 581. PERSONS AUTHORIZED TO BE INCLUDED IN SURVEYS OF
MILITARY FAMILIES REGARDING FEDERAL PROGRAMS.
(a) Addition of Certain Family Members and Survivors.--
Subsection (a) of section 1782 of title 10, United States
Code, is amended to read as follows:
``(a) Authority.--The Secretary of Defense may conduct
surveys of persons to determine the effectiveness of Federal
programs relating to military families and the need for new
programs, as follows:
``(1) Members of the armed forces on active duty or in an
active status.
``(2) Retired members of the armed forces.
``(3) Members of the families of such members and retired
members of the armed forces (including surviving members of
the families of deceased members and deceased retired
members).''.
(b) Federal Recordkeeping Requirements.--Subsection (c) of
such section is amended to read as follows:
``(c) Federal Recordkeeping Requirements.--With respect to
a survey authorized under subsection (a) that includes a
person referred to in that subsection who is not an employee
of the United States or is not considered an employee of the
United States for the purposes of section 3502(3)(A)(i) of
title 44, the person shall be considered as being an employee
of the United States for the purposes of that section.''.
SEC. 582. CORRECTION AND EXTENSION OF CERTAIN ARMY RECRUITING
PILOT PROGRAM AUTHORITIES.
(a) Contract Recruiting Initiatives.--Subsection (d)(2) of
section 561 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-130) is amended--
(1) in subparagraphs (A) and (D), by inserting ``and Army
Reserve'' after ``Regular Army''; and
(2) in subparagraph (B), by striking ``and chain of
command''.
(b) Extension of Authority.--Subsection (e) of such section
is amended by striking ``December 31, 2005'' and inserting
``September 30, 2007''.
(c) Extension of Time for Reports.--Subsection (g) of such
section is amended by striking ``February 1, 2006'' and
inserting ``February 1, 2008''.
SEC. 583. OFFENSE OF DRUNKEN OPERATION OF A VEHICLE,
AIRCRAFT, OR VESSEL UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Lower Standard of Alcohol Concentration.--Section 911
of title 10, United States Code (article 111 of the Uniform
Code of Military Justice), is amended by striking ``0.10
grams'' both places it appears in paragraph (2) and inserting
``0.08 grams''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to acts described in paragraph (2) of section
911 of title 10, United States Code, that are committed on or
after that date.
SEC. 584. AUTHORITY OF CIVILIAN EMPLOYEES TO ACT AS NOTARIES.
(a) Clarification of Status of Civilian Attorneys Eligible
To Act as Notaries.--Subsection (b) of section 1044a of title
10, United States Code, is amended by striking ``legal
assistance officers'' in paragraph (2) and inserting ``legal
assistance attorneys''.
(b) Other Civilian Employees Designated To Act as Notaries
Abroad.--Such subsection is further amended by adding at the
end the following new paragraph:
``(5) For the performance of notarial acts at locations
outside the United States, all employees of a military
department or the Coast Guard who are designated by
regulations of the Secretary concerned or by statute to have
those powers for exercise outside the United States.''.
SEC. 585. REVIEW OF ACTIONS OF SELECTION BOARDS.
(a) In General.--(1) Chapter 79 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 1558. Exclusive remedies in cases involving selection
boards
``(a) Correction of Military Records.--The Secretary
concerned may correct a person's military records in
accordance with a recommendation made by a special board. Any
such correction shall be effective, retroactively, as of the
effective date of the action taken on a report of a previous
selection board that resulted in the action corrected in the
person's military records.
``(b) Relief Associated With Corrections of Certain
Actions.--(1) The Secretary concerned shall ensure that a
person receives relief under paragraph (2) or (3), as the
person may elect, if the person--
``(A) was separated or retired from an armed force, or
transferred to the retired reserve or to inactive status in a
reserve component, as a result of a recommendation of a
selection board; and
``(B) becomes entitled to retention on or restoration to
active duty or active status in a reserve component as a
result of a correction of the person's military records under
subsection (a).
``(2)(A) With the consent of a person referred to in
paragraph (1), the person shall be retroactively and
prospectively restored to the same status, rights, and
entitlements (less appropriate offsets against back pay and
allowances) in the person's armed force as the person would
have had if the person had not been selected to be separated,
retired, or transferred to the retired reserve or to inactive
status in a reserve component, as the case may be, as a
result of an action corrected under subsection (a). An action
under this subparagraph is subject to subparagraph (B).
``(B) Nothing in subparagraph (A) shall be construed to
permit a person to be on active duty or in an active status
in a reserve component after the date on which the person
would have been separated, retired, or transferred to the
retired reserve or to inactive status in a reserve component
if the person had not been selected to be separated, retired,
or transferred to the retired reserve or to inactive status
in a reserve component, as the case may be, in an action of a
selection board that is corrected under subsection (a).
``(3) If the person does not consent to a restoration of
status, rights, and entitlements under paragraph (2), the
person shall receive back pay and allowances (less
appropriate offsets) and service credit for the period
beginning on the date of the person's separation, retirement,
or transfer to the retired reserve or to inactive status in a
reserve component, as the case may be, and ending on the
earlier of--
``(A) the date on which the person would have been so
restored under paragraph (2), as determined by the Secretary
concerned; or
``(B) the date on which the person would otherwise have
been separated, retired, or transferred to the retired
reserve or to inactive status in a reserve component, as the
case may be.
``(c) Finality of Unfavorable Action.--If a special board
makes a recommendation not to correct the military records of
a person regarding action taken in the case of that person on
the basis of a previous report of a selection board, the
action previously taken on that report shall be considered as
final as of the date of the action taken on that report.
``(d) Regulations.--(1) The Secretary concerned may
prescribe regulations to carry out this section (other than
subsection (e)) with respect to the armed force or armed
forces under the jurisdiction of the Secretary.
``(2) The Secretary may prescribe in the regulations the
circumstances under which consideration by a special board
may be provided for under this section, including the
following:
``(A) The circumstances under which consideration of a
person's case by a special board is contingent upon
application by or for that person.
``(B) Any time limits applicable to the filing of an
application for consideration.
``(3) Regulations prescribed by the Secretary of a military
department under this subsection shall be subject to the
approval of the Secretary of Defense.
``(e) Judicial Review.--(1) A person challenging for any
reason the action or recommendation of a selection board, or
the action taken by the Secretary concerned on the report of
a selection board, is not entitled to relief in any judicial
proceeding unless the person has first been considered by a
special board under this section or the Secretary concerned
has denied such consideration.
``(2) A court of the United States may review a
determination by the Secretary concerned not to convene a
special board in the case of any person. In any such case, a
court may set aside the Secretary's determination only if the
court finds the determination to be arbitrary or capricious,
not based on substantial evidence, or otherwise contrary to
law. If a court sets aside a determination not to convene a
special board, it shall remand the case to the Secretary
concerned, who shall provide for consideration of the person
by a special board.
[[Page H6969]]
``(3) A court of the United States may review a
recommendation of a special board or an action of the
Secretary concerned on the report of a special board convened
for consideration of a person. In any such case, a court may
set aside the recommendation or action, as the case may be,
only if the court finds that the recommendation or action was
contrary to law or involved a material error of fact or a
material administrative error. If a court sets aside the
recommendation of a special board, it shall remand the case
to the Secretary concerned, who shall provide for
reconsideration of the person by another special board. If a
court sets aside the action of the Secretary concerned on the
report of a special board, it shall remand the case to the
Secretary concerned for a new action on the report of the
special board.
``(4)(A) If, not later than six months after receiving a
complete application for consideration by a special board in
any case, the Secretary concerned has not convened a special
board and has not denied consideration by a special board in
that case, the Secretary shall be deemed to have denied the
consideration of the case for the purposes of this
subsection.
``(B) If, not later than one year after the convening of a
special board in any case, the Secretary concerned has not
taken final action on the report of the special board, the
Secretary shall be deemed to have denied relief in such case
for the purposes of this subsection.
``(C) Under regulations prescribed under subsection (d),
the Secretary concerned may waive the applicability of
subparagraph (A) or (B) in a case if the Secretary determines
that a longer period for consideration of the case is
warranted. The Secretary of a military department may not
delegate authority to make a determination under this
subparagraph.
``(f) Exclusivity of Remedies.--Notwithstanding any other
provision of law, but subject to subsection (g), the remedies
provided under this section are the only remedies available
to a person for correcting an action or recommendation of a
selection board regarding that person or an action taken on
the report of a selection board regarding that person.
``(g) Existing Jurisdiction.--(1) Nothing in this section
limits the jurisdiction of any court of the United States
under any provision of law to determine the validity of any
statute, regulation, or policy relating to selection boards,
except that, in the event that any such statute, regulation,
or policy is held invalid, the remedies prescribed in this
section shall be the sole and exclusive remedies available to
any person challenging the recommendation of a special board
on the basis of the invalidity.
``(2) Nothing in this section limits authority to correct a
military record under section 1552 of this title.
``(h) Inapplicability to Coast Guard.--This section does
not apply to the Coast Guard when it is not operating as a
service in the Navy.
``(i) Definitions.--In this section:
``(1) The term `special board'--
``(A) means a board that the Secretary concerned convenes
under any authority to consider whether to recommend a person
for appointment, enlistment, reenlistment, assignment,
promotion, retention, separation, retirement, or transfer to
inactive status in a reserve component instead of referring
the records of that person for consideration by a previously
convened selection board which considered or should have
considered that person;
``(B) includes a board for the correction of military or
naval records convened under section 1552 of this title, if
designated as a special board by the Secretary concerned; and
``(C) does not include a promotion special selection board
convened under section 628 or 14502 of this title.
``(2) The term `selection board'--
``(A) means a selection board convened under section
573(c), 580, 580a, 581, 611(b), 637, 638, 638a, 14101(b),
14701, 14704, or 14705 of this title, and any other board
convened by the Secretary concerned under any authority to
recommend persons for appointment, enlistment, reenlistment,
assignment, promotion, or retention in the armed forces or
for separation, retirement, or transfer to inactive status in
a reserve component for the purpose of reducing the number of
persons serving in the armed forces; and
``(B) does not include--
``(i) a promotion board convened under section 573(a),
611(a), or 14101(a) of this title;
``(ii) a special board;
``(iii) a special selection board convened under section
628 of this title; or
``(iv) a board for the correction of military records
convened under section 1552 of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``1558. Exclusive remedies in cases involving selection boards .''.
(b) Special Selection Boards.--Section 628 of such title is
amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following:
``(g) Judicial Review.--(1) A court of the United States
may review a determination by the Secretary concerned under
subsection (a)(1) or (b)(1) not to convene a special
selection board in the case of an officer or former officer
of the armed forces. If the court finds the determination to
be arbitrary or capricious, not based on substantial
evidence, or otherwise contrary to law, it shall remand the
case to the Secretary concerned, who shall provide for
consideration of the officer or former officer by a special
selection board under this section.
``(2) A court of the United States may review the action of
a special selection board convened under this section upon
the request of an officer or former officer of the armed
forces and any action taken by the President on the report of
the board. If the court finds that the action was contrary to
law or involved a material error of fact or a material
administrative error, it shall remand the case to the
Secretary concerned, who shall provide for reconsideration of
the officer or former officer by another special selection
board.
``(3)(A) For the purposes of this subsection, the Secretary
concerned shall be deemed to have determined not to convene a
special selection board under subsection (a)(1) or (b)(1) in
the case of an officer or former officer of the armed forces
upon a failure of the Secretary to make a determination on
the convening of a special selection board in that case
within six months after receiving a properly completed
request to convene a special selection board under that
authority in that case.
``(B) Under regulations prescribed by the Secretary
concerned, the Secretary may waive the applicability of
subparagraph (A) in the case of a request for the convening
of a special selection board if the Secretary determines that
a longer period for consideration of the request is
warranted. The Secretary concerned may not delegate authority
to make a determination under this subparagraph.
``(h) Limitations of Other Jurisdiction.--(1) No official
or court of the United States may, with respect to a claim
based to any extent on the failure of an officer or former
officer of the armed forces to be selected for promotion by a
promotion board--
``(A) consider the claim unless the officer or former
officer has first been referred by the Secretary concerned to
a special selection board convened under this section and
acted upon by that board and the report of the board has been
approved by the President; or
``(B) except as provided in subsection (g), grant any
relief on the claim unless the officer or former officer has
been selected for promotion by a special selection board
convened under this section to consider the officer for
recommendation for promotion and the report of the board has
been approved by the President.
``(i) Existing Jurisdiction.--(1) Nothing in this section
limits the jurisdiction of any court of the United States
under any provision of law to determine the validity of any
statute, regulation, or policy relating to selection boards,
except that, in the event that any such statute, regulation,
or policy is held invalid, the remedies prescribed in this
section shall be the sole and exclusive remedies available to
any person challenging the recommendation of a selection
board on the basis of the invalidity.
``(2) Nothing in this section limits authority to correct a
military record under section 1552 of this title.''.
(c) Effective Date and Applicability.--(1) The amendments
made by this section shall take effect on the date of the
enactment of this Act and, except as provided in paragraph
(2), shall apply with respect to any proceeding pending on or
after that date without regard to whether a challenge to an
action of a selection board of any of the Armed Forces being
considered in such proceeding was initiated before, on, or
after that date.
(2) The amendments made by this section shall not apply
with respect to any action commenced in a court of the United
States before the date of the enactment of this Act.
SEC. 586. ACCEPTANCE OF VOLUNTARY LEGAL ASSISTANCE FOR THE
CIVIL AFFAIRS OF MEMBERS AND FORMER MEMBERS OF
THE UNIFORMED SERVICES AND THEIR DEPENDENTS.
(a) Authority.--Subsection (a) of section 1588 of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(5) Legal services voluntarily provided as legal
assistance under section 1044 of this title.''.
(b) Defense of Legal Malpractice.--Subsection (d)(1) of
that section is amended by adding at the end the following
new subparagraph:
``(E) Section 1054 of this title (relating to legal
malpractice), for a person voluntarily providing legal
services accepted under subsection (a)(5), as if the person
were providing the services as an attorney of a legal staff
within the Department of Defense.''.
SEC. 587. EXTENSION OF DEFENSE TASK FORCE ON DOMESTIC
VIOLENCE.
Section 591(j) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 641, 10
U.S.C. 1562 note) is amended by striking ``three years after
the date of the enactment of this Act'' and inserting ``April
24, 2003''.
SEC. 588. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN OF
PERSONS UNACCOUNTED FOR FROM CONFLICTS AFTER
WORLD WAR II.
(a) In General.--(1) Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
[[Page H6970]]
``Sec. 2647. Transportation to annual meeting of next-of-kin
of persons unaccounted for from conflicts after World War
II
``The Secretary of Defense may provide transportation for
the next-of-kin of persons who are unaccounted for from the
Korean conflict, the Cold War, Vietnam War era, or the
Persian Gulf War to and from those annual meetings sanctioned
by the Department of Defense in the United States. Such
transportation shall be provided under such regulations as
the Secretary of Defense may prescribe.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2647. Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II.''.
(b) Effective Date.--Section 2647 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2001, or the date of the enactment of this Act,
whichever is later.
SEC. 589. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-
ACCESSION TRAINING AND EDUCATION PROGRAMS.
(a) Study.--The Secretary of Defense shall conduct a review
of the health and disability benefit programs available to
recruits and officer candidates engaged in training,
education, or other types of programs while not yet on active
duty and to cadets and midshipmen attending the service
academies. The review shall be conducted with the
participation of the Secretaries of the military departments.
(b) Report.--Not later than March 1, 2002, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the findings of the review. The
report shall include the following with respect to persons
described in subsection (a):
(1) A statement of the process and detailed procedures
followed by each of the Armed Forces under the jurisdiction
of the Secretary of a military department to provide health
care and disability benefits to all such persons injured in
training, education, or other types of programs conducted by
the Secretary of a military department.
(2) Information on the total number of cases of such
persons requiring health care and disability benefits and the
total number of cases and average value of health care and
disability benefits provided under the authority for each
source of benefits available to those persons.
(3) A discussion of the issues regarding health and
disability benefits for such persons that are encountered by
the Secretary during the review, to include discussions with
individuals who have received those benefits.
(4) A statement of the processes and detailed procedures
followed by each of the Armed Forces under the jurisdiction
of the Secretary of a military department to provide recruits
and officer candidates with succinct information on the
eligibility requirements (including information on when they
become eligible) for health care benefits under the Defense
health care program, and the nature and availability of the
benefits under the program.
(5) A discussion of the necessity for legislative changes
and specific legislative proposals needed to improve the
benefits provided those persons.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2002 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2002,
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............. 7,180.20 7,415.40 7,571.10 7,614.90 7,809.30
O-7............. 5,966.40 6,371.70 6,371.70 6,418.20 6,657.90
O-6............. 4,422.00 4,857.90 5,176.80 5,176.80 5,196.60
O-5............. 3,537.00 4,152.60 4,440.30 4,494.30 4,673.10
O-4............. 3,023.70 3,681.90 3,927.60 3,982.50 4,210.50
O-3 \3\......... 2,796.60 3,170.40 3,421.80 3,698.70 3,875.70
O-2 \3\......... 2,416.20 2,751.90 3,169.50 3,276.30 3,344.10
O-1 \3\......... 2,097.60 2,183.10 2,638.50 2,638.50 2,638.50
-------------------------------------------------------
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............. 8,135.10 8,210.70 8,519.70 8,608.50 8,874.30
O-7............. 6,840.30 7,051.20 7,261.80 7,472.70 8,135.10
O-6............. 5,418.90 5,448.60 5,448.60 5,628.60 6,305.70
O-5............. 4,673.10 4,813.50 5,073.30 5,413.50 5,755.80
O-4............. 4,395.90 4,696.20 4,930.20 5,092.50 5,255.70
O-3 \3\......... 4,070.10 4,232.40 4,441.20 4,549.50 4,549.50
O-2 \3\......... 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10
O-1 \3\......... 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10 \2\........ $0.00 11,601.90 11,659.20 11,901.30 12,324.00
O-9............. 0.00 10,147.50 10,293.60 10,504.80 10,873.80
O-8............. 9,259.50 9,614.70 9,852.00 9,852.00 9,852.00
O-7............. 8,694.90 8,694.90 8,694.90 8,694.90 8,738.70
O-6............. 6,627.00 6,948.30 7,131.00 7,316.10 7,675.20
O-5............. 5,919.00 6,079.80 6,262.80 6,262.80 6,262.80
O-4............. 5,310.60 5,310.60 5,310.60 5,310.60 5,310.60
O-3 \3\......... 4,549.50 4,549.50 4,549.50 4,549.50 4,549.50
O-2 \3\......... 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10
O-1 \3\......... 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for commissioned officers in pay grades 0-7
through O-10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other
officers may not exceed the rate of pay for level V of the Executive
Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, the rate of
basic pay for this grade is $13,598.10, 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 3,698.70 3,875.70
O-2E............ 0.00 0.00 0.00 3,276.30 3,344.10
O-1E............ 0.00 0.00 0.00 2,638.50 2,818.20
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ 4,070.10 4,232.40 4,441.20 4,617.00 4,717.50
O-2E............ 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40
[[Page H6971]]
O-1E............ 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ 4,855.20 4,855.20 4,855.20 4,855.20 4,855.20
O-2E............ 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40
O-1E............ 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30
------------------------------------------------------------------------
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.............. 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10
W-3.............. 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40
W-2.............. 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40
W-1.............. 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40
W-3.............. 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90
W-2.............. 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00
W-1.............. 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 4,965.60 5,136.00 5,307.00 5,478.60
W-4.............. 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30
W-3.............. 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90
W-2.............. 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30
W-1.............. 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for warrant officers may not exceed the rate
of pay for level V of 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.............. 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40
E-6.............. 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40
E-5.............. 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80
E-4.............. 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30
E-3.............. 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. \3\ 1,105.50 1,105.50 1,105.50 1,105.50
1,105.50
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9 \2\.......... $0.00 $3,423.90 3,501.30 3,599.40 3,714.60
E-8.............. 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30
E-7.............. 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60
E-6.............. 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10
E-5.............. 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30
E-4.............. 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
E-3.............. 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9 \2\.......... $3,830.40 3,944.10 4,098.30 4,251.30 4,467.00
E-8.............. 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80
E-7.............. 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80
E-6.............. 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80
E-5.............. 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30
E-4.............. 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
E-3.............. 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for enlisted members may not exceed the rate
of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major
of the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $5,382.90, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4
months on active duty, the rate of basic pay is $1,022.70.
SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED
OFFICERS WITH PRIOR SERVICE AS AN ENLISTED
MEMBER OR WARRANT OFFICER.
(a) Service Credit.--Section 203(d) of title 37, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``active service as a warrant officer or as
a warrant officer and an enlisted member'' and inserting
``service described in paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) Service to be taken into account for purposes of
computing basic pay under paragraph (1) is as follows:
``(A) Active service as a warrant officer or as a warrant
officer and an enlisted member, in the case of--
``(i) a commissioned officer on active duty who is paid
from funds appropriated for active-duty personnel; or
``(ii) a commissioned officer on active Guard and Reserve
duty.
``(B) In the case of a commissioned officer (not referred
to in subparagraph (A)(ii)) who is paid from funds
appropriated for reserve personnel, service as a warrant
officer, or as a warrant officer and enlisted member, for
which at least 1,460 points have been credited to the officer
for the purposes of section 12732(a)(2) of title 10.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on
[[Page H6972]]
October 1, 2001, and shall apply with respect to months
beginning on or after that date.
SEC. 603. RESERVE COMPONENT COMPENSATION FOR DISTRIBUTED
LEARNING ACTIVITIES PERFORMED AS INACTIVE-DUTY
TRAINING.
(a) Compensation Authorized.--Section 206(d) of title 37,
United States Code, is amended to read as follows:
``(d)(1) Compensation is payable under this section to a
member in a grade below E-7 for a period of instruction or
duty in pursuit of the satisfaction of educational
requirements imposed on members of the uniformed services by
law or regulations if--
``(A) the particular activity in pursuit of the
satisfaction of such requirements is an activity approved for
that period of instruction or duty by the commander who
prescribes the instruction or duty for the member for that
period; and
``(B) the member attains the learning objectives required
for the period of instruction or duty, as determined under
regulations prescribed by the Secretary concerned.
``(2) Acceptable means of pursuit of the satisfaction of
educational requirements for the purposes of compensation
under this section include any means (which may include
electronic, documentary, or distributed learning) that is
authorized for the attainment of educational credit toward
the satisfaction of those requirements in regulations
prescribed by the Secretary concerned.''.
(b) Definition of Inactive-Duty Training.--Section 101(22)
of title 37, United States Code, is amended by striking ``but
does not include work or study in connection with a
correspondence course of a uniformed service''.
SEC. 604. CLARIFICATIONS FOR TRANSITION TO REFORMED BASIC
ALLOWANCE FOR SUBSISTENCE.
(a) Baseline Amount for Calculating Allowance for Enlisted
Members.--For the purposes of section 402(b)(2) of title 37,
United States Code, the monthly rate of basic allowance for
subsistence that is in effect for an enlisted member for the
year ending December 31, 2001, is $233.
(b) Rate for Enlisted Members When Messing Facilities Not
Available.--(1) Notwithstanding section 402 of title 37,
United States Code, the Secretary of Defense, or the
Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, may
prescribe a rate of basic allowance for subsistence to apply
to enlisted members of the uniformed services when messing
facilities of the United States are not available. The rate
may be higher than the rate of basic allowance for
subsistence that would otherwise be applicable to the members
under that section, but may not be higher than the highest
rate that was in effect for enlisted members of the uniformed
services under those circumstances before the date of the
enactment of this Act.
(2) Paragraph (1) shall cease to be effective on the first
day of the first month for which the basic allowance for
subsistence calculated for enlisted members of the uniformed
services under section 402 of title 37, United States Code,
exceeds the rate of the basic allowance for subsistence
prescribed under that paragraph.
(c) Date for Early Termination of BAS Transitional
Authority.--Section 603(c) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-145) is
amended by striking ``October 1, 2001,'' and inserting
``January 1, 2002,''.
SEC. 605. INCREASE IN BASIC ALLOWANCE FOR HOUSING IN THE
UNITED STATES.
(a) Acceleration of Increase.--Subsection 403(b)(1) of
title 37, United States Code, is amended by adding at the end
the following: ``After September 30, 2002, the rate
prescribed for a grade and dependency status for a military
housing area in the United States may not be less than the
median cost of adequate housing for members in that grade and
dependency status in that area, as determined on the basis of
the costs of adequate housing determined for the area under
paragraph (2).''.
(b) Fiscal Year 2002 Rates.--(1) Subject to subsection
(b)(3) of section 403 of title 37, United States Code, in the
administration of such section 403 for fiscal year 2002, the
monthly amount of a basic allowance for housing for an area
of the United States for a member of a uniformed service
shall be equal to 92.5 percent of the monthly cost of
adequate housing in that area, as determined by the Secretary
of Defense, for members of the uniformed services serving in
the same pay grade and with the same dependency status as the
member.
(2) In addition to the amount determined by the Secretary
of Defense under section 403(b)(3) of title 37, United States
Code, to be the total amount to be paid during fiscal year
2002 for the basic allowance for housing for military housing
areas inside the United States, $232,000,000 of the amount
authorized to be appropriated by section 421 for military
personnel may be used by the Secretary to further increase
the total amount available for the basic allowance for
housing for military housing areas inside the United States.
SEC. 606. CLARIFICATION OF ELIGIBILITY FOR SUPPLEMENTAL
SUBSISTENCE ALLOWANCE.
Section 402a(b)(1) of title 37, United States Code, is
amended by inserting ``with dependents'' after ``a member of
the armed forces''.
SEC. 607. CORRECTION OF LIMITATION ON ADDITIONAL UNIFORM
ALLOWANCE FOR OFFICERS.
Section 416(b)(1) of title 37, United States Code, is
amended by striking ``$200'' and inserting ``$400''.
SEC. 608. PAYMENT FOR UNUSED LEAVE IN EXCESS OF 60 DAYS
ACCRUED BY MEMBERS OF RESERVE COMPONENTS ON
ACTIVE DUTY FOR ONE YEAR OR LESS.
(a) Eligibility.--Section 501(b)(5) of title 37, United
States Code, is amended by--
(1) striking ``or'' at the end of subparagraph (B);
(2) striking the period at the end of subparagraph (C) and
inserting ``; or''; and
(3) adding at the end the following new subparagraph:
``(D) by a member of a reserve component while serving on
active duty, full-time National Guard duty, or active duty
for training for a period of more than 30 days but not in
excess of 365 days.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2001, and
shall apply with respect to periods of active duty that begin
on or after that date.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically
Short Wartime Specialties.--Section 302g(f) of title 37,
United States Code, is amended by striking ``December 31,
2001'' and inserting ``December 31, 2002''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking ``January 1, 2002'' and inserting ``January 1,
2003''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2001,'' and inserting ``December 31, 2002,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
(c) Bonus for Enlistment for Two or More Years.--Section
309(e) of such title is amended by striking ``December 31,
2001'' and inserting ``December 31, 2002''.
(d) Retention Bonus for Members With Critical Skills.--
Section 323(i) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
SEC. 615. HAZARDOUS DUTY PAY FOR MEMBERS OF MARITIME VISIT,
BOARD, SEARCH, AND SEIZURE TEAMS.
(a) Eligibility.--Section 301(a) of title 37, United States
Code, is amended--
(1) by striking ``or'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; or''; and
(3) by inserting at the end the following new paragraph:
[[Page H6973]]
``(12) involving regular participation as a member of a
team conducting visit, board, search, and seizure operations
aboard vessels in support of maritime interdiction
operations.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2001.
SEC. 616. SUBMARINE DUTY INCENTIVE PAY RATES.
(a) Authority.--Section 301c of title 37, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) The Secretary of the Navy shall prescribe the monthly
rates of submarine duty incentive pay. The maximum monthly
rate may not exceed $1,000.''.
(b) Conforming Amendments.--(1) Subsection (a) of such
section is amended--
(A) by striking ``in the amount set forth in subsection
(b)'' in paragraphs (1) and (2); and
(B) in paragraph (4), by striking ``that pay in the amount
set forth in subsection (b)'' and inserting ``submarine duty
incentive pay''.
(2) Subsection (d) of such section is amended by striking
``monthly incentive pay authorized by subsection (b)'' and
inserting ``monthly submarine duty incentive pay
authorized''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2002.
SEC. 617. CAREER SEA PAY.
(a) In General.--Section 305a(d) of title 37, United States
Code, is amended by adding at the end the following: ``Under
no circumstances shall a member of the uniformed services be
excluded from this entitlement by virtue of his or her rank,
no matter how junior, or subjected to a minimum time in
service or underway in order to rate this entitlement.''.
(b) Effective Date and Applicability.--The amendment made
by subsection (a) shall take effect on October 1, 2001, and
shall apply with respect to pay periods beginning on or after
that date.
SEC. 618. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR
INDIVIDUAL READY RESERVE BONUS FOR
REENLISTMENT, ENLISTMENT, OR EXTENSION OF
ENLISTMENT.
(a) Eligibility Based on Qualifications in Critically Short
Wartime Skills or Specialties.--Section 308h(a) of title 37,
United States Code, is amended to read as follows:
``(a)(1) The Secretary concerned may pay a bonus as
provided in subsection (b) to an eligible person who
reenlists, enlists, or voluntarily extends an enlistment in a
reserve component of an armed force for assignment to an
element (other than the Selected Reserve) of the Ready
Reserve of that armed force if the reenlistment, enlistment,
or extension is for a period of three years, or for a period
of six years, beyond any other period the person is obligated
to serve.
``(2) A person is eligible for a bonus under this section
if the person--
``(A) is or has been a member of an armed force;
``(B) is qualified in a skill or specialty designated by
the Secretary concerned as a critically short wartime skill
or critically short wartime specialty, respectively; and
``(C) has not failed to complete satisfactorily any
original term of enlistment in the armed forces.
``(3) For the purposes of this section, the Secretary
concerned may designate a skill or specialty as a critically
short wartime skill or critically short wartime specialty,
respectively, for an armed force under the jurisdiction of
the Secretary if the Secretary determines that--
``(A) the skill or specialty is critical to meet wartime
requirements of the armed force; and
``(B) there is a critical shortage of personnel in that
armed force who are qualified in that skill or specialty.''.
(b) Regulations.--The Secretaries of the military
departments shall prescribe the regulations necessary for
administering section 308h of title 37, United States Code,
as amended by this section, not later than the effective date
determined under subsection (c)(1).
(c) Effective Date.--This section and the amendments made
by this section--
(1) shall take effect on the first day of the first month
that begins more than 180 days after the date of the
enactment of this Act; and
(2) shall apply with respect to reserve component
reenlistments, enlistments, and extensions of enlistments
that are executed on or after the first day of that month.
SEC. 619. ACCESSION BONUS FOR OFFICERS IN CRITICAL SKILLS.
(a) In General.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 323 the following
new section:
``Sec. 324. Special pay: critical officer skills accession
bonus
``(a) Accession Bonus Authorized.--A person who executes a
written agreement to accept a commission as an officer of an
armed force and serve on active duty in a designated critical
officer skill for the period specified in the agreement may
be paid an accession bonus upon acceptance of the written
agreement by the Secretary concerned.
``(b) Designation of Critical Officer Skills.--(1) The
Secretary of Defense, or the Secretary of Transportation with
respect to the Coast Guard when it is not operating as a
service in the Navy, shall designate the critical officer
skills for the purposes of this section. The Secretary of
Defense may so designate a skill for any one or more of the
armed forces.
``(2) A skill may be designated as a critical officer skill
for an armed force for the purposes of this section if--
``(A) in order to meet requirements of the armed force, it
is critical for the armed force to have a sufficient number
of officers who are qualified in that skill; and
``(B) in order to mitigate a current or projected
significant shortage of personnel in the armed force who are
qualified in that skill, it is critical to access into that
armed force in sufficient numbers persons who are qualified
in that skill or are to be trained in that skill.
``(c) Amount of Bonus.--The amount of a bonus paid with
respect to a critical officer skill shall be determined under
regulations jointly prescribed by the Secretary of Defense
and the Secretary of Transportation, but may not exceed
$20,000.
``(d) Limitation on Eligibility for Bonus.--An individual
may not be paid a bonus under subsection (a) if the
individual has received, or is receiving, an accession bonus
for the same period of service under section 302d, 302h, or
312b of this title.
``(e) Payment Method.--Upon acceptance of a written
agreement referred to in subsection (a) by the Secretary
concerned, the total amount payable pursuant to the agreement
under this section becomes fixed and may be paid by the
Secretary in either a lump sum or installments.
``(f) Repayment for Failure To Complete Obligated
Service.--(1) A person who, after having received all or part
of the bonus under this section pursuant to an agreement
referred to in subsection (a), fails to accept an appointment
as a commissioned officer or to commence or complete the
total period of active duty service in a designated critical
officer skill as provided in the agreement shall refund to
the United States the amount that bears the same ratio to the
total amount of the bonus authorized for such person as the
unserved part of the period of agreed active duty service in
a designated critical officer skill bears to the total period
of the agreed active duty service, but not more than the
amount that was paid to the person.
``(2) Subject to paragraph (3), an obligation to reimburse
the United States imposed under paragraph (1) is for all
purposes a debt owed to the United States.
``(3) The Secretary concerned may waive, in whole or in
part, a refund required under paragraph (1) if the Secretary
concerned determines that recovery would be against equity
and good conscience or would be contrary to the best
interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of a
written agreement entered into under subsection (a) does not
discharge the person signing the agreement from a debt
arising under such agreement or under paragraph (1).
``(g) Termination of Authority.--No bonus may be paid under
this section with respect to an agreement entered into after
December 31, 2002.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
323 the following new item:
``324. Special pay: critical officer skills accession bonus.''.
(b) Effective Date.--Section 324 of title 37, United States
Code (as added by subsection (a)), shall take effect on
October 1, 2001.
SEC. 620. MODIFICATION OF THE NURSE OFFICER CANDIDATE
ACCESSION PROGRAM RESTRICTION ON STUDENTS
ATTENDING CIVILIAN EDUCATIONAL INSTITUTIONS
WITH SENIOR RESERVE OFFICERS' TRAINING
PROGRAMS.
Section 2130a of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``that does not have
a Senior Reserve Officers' Training Program established under
section 2102 of this title''; and
(2) in subsection (b)(1), by striking ``that does not have
a Senior Reserve Officers' Training Program established under
section 2102 of this title'' and inserting ``and, in the case
of a student so enrolled at a civilian institution that has a
Senior Reserve Officers' Training Program established under
section 2102 of this title, is not eligible to participate in
the Senior Reserve Officers' Training Program''.
SEC. 621. ELIGIBILITY FOR CERTAIN CAREER CONTINUATION BONUSES
FOR EARLY COMMITMENT TO REMAIN ON ACTIVE DUTY.
(a) Aviation Officers.--Section 301b(b)(4) of title 37,
United States Code, is amended by striking ``has completed''
and inserting ``is within one year of the completion of''.
(b) Surface Warfare Officers.--Section 319(a)(3) of title
37, United States Code, is amended by striking ``has
completed'' and inserting ``is within one year of the
completion of''.
SEC. 622. HOSTILE FIRE OR IMMINENT DANGER PAY.
(a) In General.--Chapter 59, Subchapter IV of title 5,
United States Code, is amended by adding at the end the
following new section:
``Sec. 5949 Hostile fire or imminent danger pay
``(a) The head of an Executive agency may pay an employee
special pay at the rate of $150 for any month in which the
employee, while on duty in the United States--
[[Page H6974]]
``(1) was subject to hostile fire or explosion of hostile
mines;
``(2) was in an area of the Pentagon in which the employee
was in imminent danger of being exposed to hostile fire or
explosion of hostile mines and in which, during the period on
duty in that area, other employees were subject to hostile
fire or explosion of hostile mines;
``(3) was killed, injured, or wounded by hostile fire,
explosion of a hostile mine, or any other hostile action; or
``(4) was in an area of the Pentagon in which the employee
was subject to the threat of physical harm or imminent danger
on the basis of civil insurrection, civil war, terrorism, or
wartime conditions.
``(b) An employee covered by subsection (a)(3) who is
hospitalized for the treatment of his injury or wound may be
paid special pay under this section for not more than three
additional months during which the employee is so
hospitalized.
``(c) For the purpose of this section, ``United States''
means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, and the territories and possessions of the
United States.
``(d) An employee may be paid special pay under this
section in addition to other pay and allowances to which
entitled. Payments under this section may not be considered
to be part of basic pay of an employee.''.
(b) Technical Amendment.--The table of sections at the
beginning of chapter 59 of such title is amended by inserting
at the end the following new item:
``5949. Hostile fire or imminent danger pay.''.
(c) Effective Date.--This provision is effective as if
enacted into law on September 11, 2001, and may be applied to
any hostile action that took place on that date or
thereafter.
Subtitle C--Travel and Transportation Allowances
SEC. 631. ELIGIBILITY FOR TEMPORARY HOUSING ALLOWANCE WHILE
IN TRAVEL OR LEAVE STATUS BETWEEN PERMANENT
DUTY STATIONS.
(a) Personnel in Grades Below E-4.--Section 403(i) of title
37, United States Code, is amended by striking ``who is in a
pay grade E-4 (4 or more years of service) or above''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001.
SEC. 632. ELIGIBILITY FOR PAYMENT OF SUBSISTENCE EXPENSES
ASSOCIATED WITH OCCUPANCY OF TEMPORARY LODGING
INCIDENT TO REPORTING TO FIRST PERMANENT DUTY
STATION.
(a) Officer Personnel.--Section 404a(a)(2)(C) of title 37,
United States Code, is amended by striking ``an enlisted
member'' and inserting ``a member''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001.
SEC. 633. ELIGIBILITY FOR DISLOCATION ALLOWANCE.
(a) Members With Dependents When Ordered to First Duty
Station.--Section 407 of title 37, United States Code, is
amended--
(1) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(F) A member whose dependents actually move from the
member's place of residence in connection with the
performance of orders for the member to report to the
member's first permanent duty station if the move--
``(i) is to the permanent duty station or a designated
location; and
``(ii) is an authorized move.''; and
(2) in subsection (e), by inserting ``(except as provided
in subsection (a)(2)(F))'' after ``first duty station''.
(b) Married Members Without Dependents Assigned to
Government Family Quarters.--Subsection (a) of such section,
as amended by subsection (a), is further amended--
(1) by adding at the end of paragraph (2) the following new
subparagraph:
``(G) Each of two members married to each other who--
``(i) is without dependents;
``(ii) actually moves with the member's spouse to a new
permanent duty station; and
``(iii) is assigned to family quarters of the United States
at or in the vicinity of the new duty station.''; and
(2) by adding at the end of the subsection the following
new paragraph:
``(4) If a primary dislocation allowance is payable to two
members described in subparagraph (G) of paragraph (2) who
are married to each other, the amount of the allowance
payable to such members shall be the amount otherwise payable
under this subsection to the member in the higher pay grade,
or to either member if both members are in the same pay
grade. The allowance shall be paid jointly to both
members.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2001.
SEC. 634. ALLOWANCE FOR DISLOCATION FOR THE CONVENIENCE OF
THE GOVERNMENT AT HOME STATION.
(a) Authority.--(1) Chapter 7 of title 37, United States
Code is amended by inserting after section 407 the following
new section:
``Sec. 407a. Travel and transportation: allowance for
dislocation for the convenience of the Government at home
station
``(a) Authority.--Under regulations prescribed by the
Secretary concerned, a member of the uniformed services may
be paid a dislocation allowance under this section when
ordered, for the convenience of the Government and not
pursuant to a permanent change of station, to occupy or to
vacate family housing provided by the Department of Defense,
or by the Department of Transportation in the case of the
Coast Guard.
``(b) Amount.--(1) Subject to paragraph (2), the amount of
a dislocation allowance paid under this section is $500.
``(2) Effective on the same date that the monthly rates of
basic pay for members of the uniformed services are increased
under section 1009 of this title or by a law increasing those
rates by a percentage specified in the law, the amount of the
dislocation allowance provided under this section shall be
increased by the percentage by which the monthly rates of
basic pay are so increased.
``(c) Advance Payment.--A dislocation allowance payable
under this section may be paid in advance.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
407 the following new item:
``407a. Travel and transportation: allowance for dislocation for the
convenience of the Government at home station.''.
(b) Effective Date.--Section 407a of title 37, United
States Code, shall take effect on October 1, 2001.
SEC. 635. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY
MEMBERS TO ATTEND THE BURIAL OF A DECEASED
MEMBER OF THE UNIFORMED SERVICES.
(a) Consolidation of Authorities.--Section 411f of title
37, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``Allowances Authorized.--(1)'' after
``(a)'';
(B) by striking ``the dependents of a member'' and
inserting ``eligible members of the family of a member of the
uniformed services'';
(C) by striking ``such dependents'' and inserting ``such
persons''; and
(D) by inserting at the end the following new paragraph:
``(2) An attendant accompanying a person provided travel
and transportation allowances under this section for travel
to the burial ceremony for a deceased member may also be
provided under the uniform regulations round trip travel and
transportation allowances for travel to the burial ceremony
if--
``(A) the accompanied person is unable to travel unattended
because of age, physical condition, or other justifiable
reason, as determined under the uniform regulations; and
``(B) there is no other eligible member of the family of
the deceased member traveling to the burial ceremony who is
eligible for travel and transportation allowances under this
section and is qualified to serve as the attendant.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(1) Except as provided in paragraph (2)''
and inserting ``Limitations.--(1) Except as provided in
paragraphs (2) and (3)''; and
(ii) by inserting before the period at the end the
following: ``and the time necessary for such travel'';
(B) in paragraph (2), by striking ``be extended to
accommodate'' and inserting ``not exceed the rates for 2 days
and''; and
(C) by adding at the end the following new paragraph:
``(3) If a deceased member is interred in a cemetery
maintained by the American Battle Monuments Commission, the
travel and transportation allowances authorized under this
section may be provided to and from such cemetery and may not
exceed the rates for 2 days and the time necessary for such
travel.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Eligible Members of Family.--The following members of
the family of a deceased member of the uniformed services are
eligible for the travel and transportation allowances under
this section:
``(1) The surviving spouse (including a remarried surviving
spouse) of the deceased member.
``(2) The unmarried child or children of the deceased
member referred to in section 401(a)(2) of this title.
``(3) If no person described in paragraphs (1) and (2) is
provided travel and transportation allowances under this
section, the parent or parents of the deceased member (as
defined in section 401(b)(2) of this title).
``(4) If no person described in paragraphs (1), (2), and
(3) is provided travel and transportation allowances under
this section, then--
``(A) the person who directs the disposition of the remains
of the deceased member under section 1482(c) of title 10, or,
in the case of a deceased member whose remains are commingled
and buried in a common grave in a national cemetery, the
person who would have been designated under such section to
direct the disposition of the remains if individual
identification had been made; and
``(B) up to two additional persons closely related to the
deceased member who are selected by the person referred to in
subparagraph (A).
``(d) Definitions.--In this section:
``(1) The term `burial ceremony' includes the following:
``(A) An interment of casketed or cremated remains.
[[Page H6975]]
``(B) A placement of cremated remains in a columbarium.
``(C) A memorial service for which reimbursement is
authorized under section 1482(d)(2) of title 10.
``(D) A burial of commingled remains that cannot be
individually identified in a common grave in a national
cemetery.
``(2) The term `member of the family' includes a person
described in section 1482(c)(4) of title 10 who, except for
this paragraph, would not otherwise be considered a family
member.''.
(b) Repeal of Superseded Laws.--(1) Section 1482 of title
10, United States Code, is amended by striking subsection (d)
and redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively.
(2) The Funeral Transportation and Living Expense Benefits
Act of 1974 (Public Law 93-257; 88 Stat. 53; 37 U.S.C. 406
note) is repealed.
(c) Applicability.--The amendments made by this Act shall
apply with respect to deaths that occur on or after the later
of--
(1) October 1, 2001; or
(2) the date of the enactment of this Act.
SEC. 636. FAMILY SEPARATION ALLOWANCE FOR MEMBERS ELECTING
UNACCOMPANIED TOUR BY REASON OF HEALTH
LIMITATIONS OF DEPENDENTS.
(a) Eligibility.--Section 427(c) of title 37, United States
Code, is amended--
(1) in the first sentence, by striking ``A member who
elects'' and inserting ``(1) Except as provided in paragraph
(2), a member who elects'';
(2) in the second sentence, by striking ``The Secretary
concerned may waive the preceding sentence'' and inserting
the following:
``(3) The Secretary concerned may waive paragraph (1)'';
and
(3) by inserting after paragraph (1) (as designated by the
amendment made by paragraph (1) of this section) the
following new paragraph:
``(2) The prohibition in the first sentence of paragraph
(1) does not apply in the case of a member who elects to
serve a tour of duty unaccompanied by his dependents at the
member's permanent station because a dependent cannot
accompany the member to or at that permanent station for
medical reasons certified by a health care professional in
accordance with regulations prescribed for the administration
of this section.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2001.
SEC. 637. FUNDED STUDENT TRAVEL FOR FOREIGN STUDY UNDER AN
EDUCATION PROGRAM APPROVED BY A UNITED STATES
SCHOOL.
(a) Authority.--Section 430 of title 37, United States
Code, is amended--
(1) in subsection (a)(3)--
(A) by striking ``attending'' and inserting ``enrolled
in''; and
(B) by inserting before the comma at the end the following:
``and is attending that school or is participating in a
foreign study program approved by that school and, pursuant
to that program, is attending a school outside the United
States for a period of not more than one year''; and
(2) in subsection (b)--
(A) in the first sentence of paragraph (1), by striking
``each unmarried dependent child,'' and all that follows
through ``the school being attended'' and inserting ``each
unmarried dependent child (described in subsection (a)(3)) of
one annual trip between the school being attended by that
child''; and
(B) by adding at the end the following new paragraph:
``(3) The transportation allowance paid under paragraph (1)
for an annual trip of a dependent child described in
subsection (a)(3) who is attending a school outside the
United States may not exceed the transportation allowance
that would be paid under this section for the annual trip of
that child between the child's school in the continental
United States and the member's duty station outside the
continental United States and return.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2001, and
shall apply with respect to travel that originates outside
the continental United States (as defined in section 430(f)
of title 37, United States Code), on or after that date.
SEC. 638. TRANSPORTATION OR STORAGE OF PRIVATELY OWNED
VEHICLES ON CHANGE OF PERMANENT STATION.
(a) Advance Payment of Storage Costs.--Section 2634(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(4) Storage costs payable under this subsection may be
paid in advance.''.
(b) Shipment in Permanent Change of Station Within CONUS.--
Subsection (h)(1) of such section is amended--
(1) by striking ``includes'' in the second sentence and all
that follows and inserting ``includes the following:''; and
(2) by adding at the end the following subparagraphs:
``(A) An authorized change in home port of a vessel.
``(B) A transfer or assignment between two permanent
stations in the continental United States when--
``(i) the member cannot, because of injury or the
conditions of the order, drive the motor vehicle between the
permanent duty stations; or
``(ii) the Secretary concerned determines that it is
advantageous and cost-effective to the Government for one
motor vehicle of the member to be transported between the
permanent duty stations.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2001.
Subtitle D--Matters Relating to Retirement and Survivor Benefits
SEC. 651. PAYMENT OF RETIRED PAY AND COMPENSATION TO DISABLED
MILITARY RETIREES.
(a) Restoration of Retired Pay Benefits.--Chapter 71 of
title 10, United States Code, is amended by adding at the end
the following new section:
``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) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended--
(1) by striking the item relating to section 1413; and
(2) by adding at the end the following new item:
``1414. Members eligible for retired pay who have service-connected
disabilities: payment of retired pay and veterans'
disability compensation.''.
(d) Effective Date.--(1) The amendments made by this
section shall take effect on October 1, 2002.
(2) No benefits may be paid to any person by reason of
section 1414 of title 10, United States Code, as added by the
amendment made by subsection (a), for any period before the
effective date under paragraph (1).
SEC. 652. SBP ELIGIBILITY OF SURVIVORS OF RETIREMENT-
INELIGIBLE MEMBERS OF THE UNIFORMED SERVICES
WHO DIE WHILE ON ACTIVE DUTY.
(a) Surviving Spouse Annuity.--Section 1448(d) of title 10,
United States Code, is amended by striking paragraph (1) and
inserting the following:
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of--
``(A) a member who dies while on active duty after--
``(i) becoming eligible to receive retired pay;
``(ii) qualifying for retired pay except that the member
has not applied for or been granted that pay; or
``(iii) completing 20 years of active service but before
the member is eligible to retire as a commissioned officer
because the member has not completed 10 years of active
commissioned service; or
``(B) a member not described in subparagraph (A) who dies
in line of duty while on active duty.''.
(b) Computation of Survivor Annuity.--Section 1451(c)(1) of
title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``based upon his years of active service
when he died.'' and inserting ``based upon the following:'';
and
(B) by adding at the end the following new clauses:
``(i) In the case of an annuity payable under section
1448(d) of this title by reason of the death of a member in
line of duty, the retired pay base computed for the member
under section 1406(b) or 1407 of this title as if the member
had been retired under section 1201 of this title on the date
of the member's death with a disability rated as total.
``(ii) In the case of an annuity payable under section
1448(d)(1)(A) of this title by reason of the death of a
member not in line of duty, the member's years of active
service when he died.
``(iii) In the case of an annuity under section 1448(f) of
this title, the member's years of active service when he
died.''; and
(2) in subparagraph (B)(i), by striking ``if the member or
former member'' and all that
[[Page H6976]]
follows and inserting ``as described in subparagraph (A).''.
(c) Conforming Amendments.--(1) The heading for subsection
(d) of section 1448 of such title is amended by striking
``Retirement-Eligible''.
(2) Subsection (d)(3) of such section is amended by
striking ``1448(d)(1)(B) or 1448(d)(1)(C)'' and inserting
``clause (ii) or (iii) of section 1448(d)(1)(A)''.
(d) Extension and Increase of Objectives for Receipts From
Disposals of Certain Stockpile Materials Authorized for
Several Fiscal Years Beginning With Fiscal Year 1999.--
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2262; 50 U.S.C. 98d note) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) in paragraph (4)--
(A) by striking ``$720,000,000'' and inserting
``$760,000,000''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(5) $770,000,000 by the end of fiscal year 2011.''.
(e) Effective Date and Applicability.--This section and the
amendments made by this section shall take effect as of
September 10, 2001, and shall apply with respect to deaths of
members of the Armed Forces occurring on or after that date.
Subtitle E--Other Matters
SEC. 661. EDUCATION SAVINGS PLAN FOR REENLISTMENTS AND
EXTENSIONS OF SERVICE IN CRITICAL SPECIALTIES.
(a) Establishment of Savings Plan.--(1) Chapter 5 of title
37, United States Code, is amended by adding at the end the
following new section:
``Sec. 324. Incentive bonus: savings plan for education
expenses and other contingencies
``(a) Benefit and Eligibility.--The Secretary concerned may
purchase United States savings bonds under this section for a
member of the armed forces who is eligible as follows:
``(1) A member who, before completing three years of
service on active duty, enters into a commitment to perform
qualifying service.
``(2) A member who, after completing three years of service
on active duty but not more than nine years of service on
active duty, enters into a commitment to perform qualifying
service.
``(3) A member who, after completing nine years of service
on active duty, enters into a commitment to perform
qualifying service.
``(b) Qualifying Service.--For the purposes of this
section, qualifying service is service on active duty in a
specialty designated by the Secretary concerned as critical
to meet requirements (whether or not such specialty is
designated as critical to meet wartime or peacetime
requirements) for a period that--
``(1) is not less than six years; and
``(2) does not include any part of a period for which the
member is obligated to serve on active duty under an
enlistment or other agreement for which a benefit has
previously been paid under this section.
``(c) Forms of Commitment to Additional Service.--For the
purposes of this section, a commitment means--
``(1) in the case of an enlisted member, a reenlistment;
and
``(2) in the case of a commissioned officer, an agreement
entered into with the Secretary concerned.
``(d) Amounts of Bonds.--The total of the face amounts of
the United States savings bonds authorized to be purchased
for a member under this section for a commitment shall be as
follows:
``(1) In the case of a purchase for a member under
paragraph (1) of subsection (a), $5,000.
``(2) In the case of a purchase for a member under
paragraph (2) of subsection (a), the amount equal to the
excess of $15,000 over the total of the face amounts of any
United States savings bonds previously purchased for the
member under this section.
``(3) In the case of a purchase for a member under
paragraph (3) of subsection (a), the amount equal to the
excess of $30,000 over the total of the face amounts of any
United States savings bonds previously purchased for the
member under this section.
``(e) Total Amount of Benefit.--The total amount of the
benefit authorized for a member when United States savings
bonds are purchased for the member under this section by
reason of a commitment by that member shall be the sum of--
``(1) the purchase price of the United States savings
bonds; and
``(2) the amounts that would be deducted and withheld for
the payment of individual income taxes if the total amount
computed under this subsection for that commitment were paid
to the member as a bonus.
``(f) Amount Withheld for Taxes.--The total amount payable
for a member under subsection (e)(2) for a commitment by that
member shall be withheld, credited, and otherwise treated in
the same manner as amounts deducted and withheld from the
basic pay of the member.
``(g) Repayment for Failure To Complete Obligated
Service.--(1) If a person fails to complete the qualifying
service for which the person is obligated under a commitment
for which a benefit has been paid under this section, the
person shall refund to the United States the amount that
bears the same ratio to the total amount paid for the person
(as computed under subsection (e)) for that particular
commitment as the uncompleted part of the period of
qualifying service bears to the total period of the
qualifying service for which obligated.
``(2) Subject to paragraph (3), an obligation to reimburse
the United States imposed under paragraph (1) is for all
purposes a debt owed to the United States.
``(3) The Secretary concerned may waive, in whole or in
part, a refund required under paragraph (1) if the Secretary
concerned determines that recovery would be against equity
and good conscience or would be contrary to the best
interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
enlistment or other agreement under this section does not
discharge the person signing such reenlistment or other
agreement from a debt arising under the reenlistment or
agreement, respectively, or this subsection.
``(h) Relationship to Other Special Pays.--The benefit
authorized under this section is in addition to any other
bonus or incentive or special pay that is paid or payable to
a member under any other provision of this chapter for any
portion of the same qualifying service.
``(i) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of Defense for
the armed forces under his jurisdiction and by the Secretary
of Transportation for the Coast Guard when the Coast Guard is
not operating as a service in the Navy.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``324. Incentive bonus: savings plan for education and other
contingencies.''.
(b) Effective Date.--Section 324 of title 37, United States
Code (as added by subsection (a)), shall take effect on
October 1, 2001, and shall apply with respect to
reenlistments and other agreements for qualifying service
(described in that section) that are entered into on or after
that date.
(c) Funding For Fiscal Year 2002.--Of the amount authorized
to be appropriated to the Department of Defense for military
personnel for fiscal year 2002 by section 421, $20,000,000
may be available in that fiscal year for the purchase of
United States savings bonds under section 324 of title 37,
United States Code (as added by subsection (a)).
SEC. 662. COMMISSARY BENEFITS FOR NEW MEMBERS OF THE READY
RESERVE.
(a) Eligibility.--Section 1063 of title 10, United States
Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Eligibility of New Members.--(1) The Secretary
concerned shall authorize a new member of the Ready Reserve
to use commissary stores of the Department of Defense for a
number of days accruing at the rate of two days for each
month in which the member participates satisfactorily in
training required under section 10147(a)(1) of this title or
section 502(a) of title 32, as the case may be.
``(2) For the purposes of paragraph (1), a person shall be
considered a new member of the Ready Reserve upon becoming a
member and continuing without a break in the membership until
the earlier of--
``(A) the date on which the member becomes eligible to use
commissary stores under subsection (a); or
``(B) December 31 of the first calendar year in which the
membership has been continuous for the entire year.
``(3) A new member may not be authorized under this
subsection to use commissary stores for more than 24 days for
any calendar year.''.
(b) Required Documentation.--Subsection (d) of such
section, as redesignated by subsection (a)(1), is amended by
adding at the end the following: ``The regulations shall
specify the required documentation of satisfactory
participation in training for the purposes of subsection
(b).''.
(c) Conforming Amendment.--Subsection (c) of such section,
as redesignated by subsection (a)(1), is amended by striking
``Subsection (a)'' and inserting ``Subsections (a) and (b)''.
(d) Clerical Amendments.--(1) The heading for such section
is amended to read as follows:
``Sec. 1063. Use of commissary stores: members of Ready
Reserve''.
(2) Subsection (a) of such section is amended by striking
``of Ready Reserve'' and inserting ``With 50 or More
Creditable Points''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 54 of title 10, United
States Code, is amended to read as follows:
``1063. Use of commissary stores: members of Ready Reserve.''.
SEC. 663. AUTHORIZATION OF TRANSITIONAL COMPENSATION AND
COMMISSARY AND EXCHANGE BENEFITS FOR DEPENDENTS
OF COMMISSIONED OFFICERS OF THE PUBLIC HEALTH
SERVICE AND THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION WHO ARE SEPARATED
FOR DEPENDENT ABUSE.
(a) Commissioned Officers of the Public Health Service.--
Section 221(a) of the Public Health Service Act (42 U.S.C.
213a(a)) is
[[Page H6977]]
amended by adding at the end the following new paragraph:
``(17) Section 1059, Transitional compensation and
commissary and exchange benefits for dependents of members
separated for dependent abuse.''.
(b) Commissioned Officers of the National Oceanic and
Atmospheric Administration.--Section 3(a) of the Act entitled
``An Act to revise, codify, and enact into law, title 10 of
the United States Code, entitled `Armed Forces', and title 32
of the United States Code, entitled `National Guard' '',
approved August 10, 1956 (33 U.S.C. 857a(a)), is amended by
adding at the end the following new paragraph:
``(17) Section 1059, Transitional compensation and
commissary and exchange benefits for dependents of members
separated for dependent abuse.''.
Subtitle F--National Emergency Family Support
SEC. 681. CHILD CARE AND YOUTH ASSISTANCE.
(a) Authority.--The Secretary of Defense may provide
assistance for families of members of the Armed Forces
serving on active duty during fiscal year 2002, in order to
ensure that the children of such families obtain needed child
care and youth services.
(b) Appropriate Primary Objective.--The assistance
authorized by this section should be directed primarily
toward providing needed family support, including child care
and youth services for children of such personnel who are
deployed, assigned, or ordered to active duty in connection
with operations of the Armed Forces under the national
emergency.
SEC. 682. FAMILY EDUCATION AND SUPPORT SERVICES.
During fiscal year 2002, the Secretary of Defense is
authorized to provide family education and support services
to families of members of the Armed Services to the same
extent that these services were provided during the Persian
Gulf War.
TITLE VII--HEALTH CARE
Subtitle A--TRICARE Benefits Modernization
SEC. 701. REQUIREMENT FOR INTEGRATION OF BENEFITS.
(a) In General.--The Secretary of Defense shall--
(1) terminate the Individual Case Management Program
carried out under section 1079(a)(17) of title 10, United
States Code (as in effect on September 30, 2001); and
(2) integrate the beneficiaries under that program, and the
furnishing of care to those beneficiaries, into the TRICARE
program as modified pursuant to the amendments made by this
subtitle.
(b) Repeal of Separate Authority.--Section 1079 of title
10, United States Code, is amended by striking paragraph
(17).
(c) Savings Provision.--Nothing in this subtitle or the
amendments made by this subtitle shall be construed--
(1) to modify any eligibility requirement for any person
receiving benefits under the Individual Case Management
Program before October 1, 2001; or
(2) to terminate any benefits available under that program
before that date.
(d) Consultation Requirement.--The Secretary of Defense
shall consult with the other administering Secretaries
referred to in section 1072(3) of title 10, United States
Code, in carrying out this section.
SEC. 702. DOMICILIARY AND CUSTODIAL CARE.
Section 1072 of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(8) The term `domiciliary care' means treatment or
services involving assistance with the performance of
activities of daily living that is provided to a patient in a
home-like setting because--
``(A) the treatment or services are not available, or are
not suitable to be provided, to the patient in the patient's
home; or
``(B) no member of the patient's family is willing to
provide the treatment or services.
``(9) The term `custodial care'--
``(A) means treatment or services that--
``(i) could be provided safely and reasonably by a person
not trained as a physician, nurse, paramedic, or other health
care provider; or
``(ii) are provided principally to assist the recipient of
the treatment or services with the performance of activities
of daily living; and
``(B) includes any treatment or service described in
subparagraph (A) without regard to--
``(i) the source of any recommendation to provide the
treatment or service; and
``(ii) the setting in which the treatment or service is
provided.''.
SEC. 703. LONG TERM CARE.
(a) Limitation.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074i the
following new section:
``Sec. 1074j. Long term care benefits program
``(a) Requirement for Program.--The Secretary of Defense
shall provide long term health care benefits under the
TRICARE program in an effective and efficient manner that
integrates those benefits with the benefits provided on a
less than a long term basis under the TRICARE program.
``(b) Authorized Care.--The types of health care authorized
to be provided under this section shall include the
following:
``(1) The types of health care authorized to be acquired by
contract under section 1079 of this title.
``(2) Extended care services.
``(3) Post-hospital extended care services.
``(4) Comprehensive intermittent home health services.
``(c) Duration of Post-Hospital Extended Care Services.--
The post-hospital extended care services provided in a
skilled nursing facility to a patient during a spell of
illness under subsection (b)(3) shall continue for as long as
is medically necessary and appropriate. The limitation on the
number of days of coverage under subsections (a)(2) and
(b)(2)(A) of section 1812 of the Social Security Act (42
U.S.C. 1395d) shall not apply with respect to the care
provided that patient.
``(d) Regulations.--The Secretary of Defense shall, after
consultation with the other administering Secretaries,
prescribe regulations to carry out this section.
``(e) Definitions.--In this section:
``(1) The term `extended care services' has the meaning
given the term in subsection (h) of section 1861 of the
Social Security Act (42 U.S.C. 1395x).
``(2) The term `post-hospital extended services' has the
meaning given the term in subsection (i) of section 1861 of
the Social Security Act (42 U.S.C. 1395x).
``(3) The term `home health services' has the meaning given
the term in subsection (m) of section 1861 of the Social
Security Act (42 U.S.C. 1395x).
``(4) The term `skilled nursing facility' has the meaning
given the term in section 1819(a) of the Social Security Act
(42 U.S.C. 1395i-3(a)).
``(5) The term `spell of illness' has the meaning given the
term in subsection (a) of section 1861 of the Social Security
Act (42 U.S.C. 1395x).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074i the following new item:
``1074j. Long term care benefits program.''.
SEC. 704. EXTENDED BENEFITS FOR DISABLED BENEFICIARIES.
Section 1079 of title 10, United States Code, is amended by
striking subsections (d), (e), and (f) and inserting the
following:
``(d)(1) The health care benefits contracted for under this
section shall include extended benefits for dependents
referred to in the first sentence of subsection (a) who have
any of the following qualifying conditions:
``(A) Moderate or severe mental retardation.
``(B) A serious physical disability.
``(C) Any extraordinary physical or psychological
condition.
``(2) The extended benefits under paragraph (1) may include
comprehensive health care, including services necessary to
maintain function, or to minimize or prevent deterioration of
function, of the patient, and case management services, to
the extent not otherwise provided under this chapter with
respect to a qualifying condition, as follows:
``(A) Diagnosis.
``(B) Inpatient, outpatient, and comprehensive home health
supplies and services.
``(C) Training and rehabilitation, including special
education and assistive technology devices.
``(D) Institutional care in private nonprofit, public, and
State institutions and facilities and, when appropriate,
transportation to and from such institutions and facilities.
``(E) Any other services and supplies determined
appropriate under regulations prescribed under paragraph (9).
``(3) The extended benefits under paragraph (1) may also
include respite care for the primary caregiver of a dependent
eligible for extended benefits under this subsection.
``(4) Home health supplies and services may be provided to
a dependent under paragraph (2)(B) as other than part-time or
intermittent services (as determined in accordance with the
second sentence of section 1861(m) of the Social Security Act
(42 U.S.C. 1395x(m)) only if--
``(A) the provision of such supplies and services in the
home of the dependent is medically appropriate; and
``(B) the cost of the provision of such supplies and
services to the dependent is equal to or less than the cost
of the provision of similar supplies and services to the
dependent in a skilled nursing facility.
``(5) Subsection (a)(13) shall not apply to the provision
of care and services determined appropriate to be provided as
extended benefits under this subsection.
``(6) Subject to paragraph (7), a member of the uniformed
services shall pay a share of the cost of any care and
services provided as extended benefits to any of the
dependents of the member under this subsection as follows:
``(A) In the case of a member in the lowest enlisted pay
grade, the first $25 of the cumulative costs of all care
furnished to one or more dependents of the member in a month.
``(B) In the case of a member in the highest commissioned
pay grade, the first $250 of the cumulative costs of all care
furnished to one or more dependents of the member in a month.
``(C) In the case of a member in any other pay grade, a
fixed amount of the cumulative costs of all care furnished to
one or more dependents of the member in a month, as
prescribed for that pay grade in regulations prescribed under
paragraph (9).
``(7)(A) In the case of extended benefits provided under
subparagraph (C) or (D) of paragraph (2) to a dependent of a
member of the uniformed services--
``(i) the Government's share of the total cost of providing
such benefits in any month shall not exceed $2,500, except
for costs that a member is exempt from paying under
subparagraph (B); and
[[Page H6978]]
``(ii) the member shall pay (in addition to any amount
payable under paragraph (6)) the amount, if any, by which the
amount of such total cost for the month exceeds the
Government's maximum share under clause (i).
``(B) A member of the uniformed services who incurs
expenses under subparagraph (A) for a month for more than one
dependent shall not be required to pay for the month under
clause (ii) of that subparagraph an amount greater than the
amount the member would otherwise be required to pay under
that clause for the month if the member were incurring
expenses under that subparagraph for only one dependent.
``(8) To qualify for extended benefits under subparagraph
(C) or (D) of paragraph (2), a dependent of a member of the
uniformed services shall be required to use public facilities
to the extent such facilities are available and adequate, as
determined under joint regulations of the administering
Secretaries.
``(9) The Secretary of Defense, in consultation with the
other administering Secretaries, shall prescribe regulations
to carry out this subsection.''.
SEC. 705. CONFORMING REPEALS.
The following provisions of law are repealed:
(1) Section 703 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 682; 10
U.S.C. 1077 note).
(2) Section 8118 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1260).
(3) Section 8100 of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 696).
SEC. 706. PROSTHETICS AND HEARING AIDS.
Section 1077 of title 10 United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(16) A hearing aid, but only for a dependent of a member
of the uniformed services on active duty and only if the
dependent has a profound hearing loss, as determined under
standards prescribed in regulations by the Secretary of
Defense in consultation with the administering
Secretaries.'';
(2) in subsection (b)(2), by striking ``Hearing aids,
orthopedic footwear,'' and inserting ``Orthopedic footwear'';
and
(3) by adding at the end the following new subsection:
``(f)(1) Authority to provide a prosthetic device under
subsection (a)(15) includes authority to provide the
following:
``(A) Any accessory or item of supply that is used in
conjunction with the device for the purpose of achieving
therapeutic benefit and proper functioning.
``(B) Services necessary to train the recipient of the
device in the use of the device.
``(C) Repair of the device for normal wear and tear or
damage.
``(D) Replacement of the device if the device is lost or
irreparably damaged or the cost of repair would exceed 60
percent of the cost of replacement.
``(2) An augmentative communication device may be provided
as a voice prosthesis under subsection (a)(15).
``(3) A prosthetic device customized for a patient may be
provided under this section only by a prosthetic practitioner
who is qualified to customize the device, as determined under
regulations prescribed by the Secretary of Defense in
consultation with the administering Secretaries.''.
SEC. 707. DURABLE MEDICAL EQUIPMENT.
(a) Items Authorized.--Section 1077 of title 10, United
States Code, as amended by section 706, is further amended--
(1) in subsection (a)(12), by striking ``such as
wheelchairs, iron lungs, and hospital beds,'' and inserting
``which''; and
(2) by adding at the end the following new subsection:
``(g)(1) Items that may be provided to a patient under
subsection (a)(12) include the following:
``(A) Any durable medical equipment that can improve,
restore, or maintain the function of a malformed, diseased,
or injured body part, or can otherwise minimize or prevent
the deterioration of the patient's function or condition.
``(B) Any durable medical equipment that can maximize the
patient's function consistent with the patient's
physiological or medical needs.
``(C) Wheelchairs.
``(D) Iron lungs,
``(E) Hospital beds.
``(2) In addition to the authority to provide durable
medical equipment under subsection (a)(12), any customization
of equipment owned by the patient that is durable medical
equipment authorized to be provided to the patient under this
section or section 1079(a)(5) of this title, and any
accessory or item of supply for any such equipment, may be
provided to the patient if the customization, accessory, or
item of supply is essential for--
``(A) achieving therapeutic benefit for the patient;
``(B) making the equipment serviceable; or
``(C) otherwise assuring the proper functioning of the
equipment.''.
(b) Provision of Items on Rental Basis.--Paragraph (5) of
section 1079(a) of such title is amended to read as follows:
``(5) Durable equipment provided under this section may be
provided on a rental basis.''.
SEC. 708. REHABILITATIVE THERAPY.
Section 1077(a) of title 10, United States Code, as amended
by section 706(1), is further amended by inserting after
paragraph (16) the following new paragraph:
``(17) Any rehabilitative therapy to improve, restore, or
maintain function, or to minimize or prevent deterioration of
function, of a patient when prescribed by a physician.''.
SEC. 709. MENTAL HEALTH BENEFITS.
(a) Requirement for Study.--The Secretary of Defense shall
carry out a study to determine the adequacy of the scope and
availability of outpatient mental health benefits provided
for members of the Armed Forces and covered beneficiaries
under the TRICARE program.
(b) Report.--Not later than March 31, 2002, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
study, including the conclusions and any recommendations for
legislation that the Secretary considers appropriate.
SEC. 710. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall take effect on October 1, 2001.
Subtitle B--Other Matters
SEC. 711. REPEAL OF REQUIREMENT FOR PERIODIC SCREENINGS AND
EXAMINATIONS AND RELATED CARE FOR MEMBERS OF
ARMY RESERVE UNITS SCHEDULED FOR EARLY
DEPLOYMENT.
Section 1074a of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 712. CLARIFICATION OF ELIGIBILITY FOR REIMBURSEMENT OF
TRAVEL EXPENSES OF ADULT ACCOMPANYING PATIENT
IN TRAVEL FOR SPECIALTY CARE.
Section 1074i of title 10, United States Code, is amended
by inserting before the period at the end the following:
``and, when accompaniment by an adult is necessary, for a
parent or guardian of the covered beneficiary or another
member of the covered beneficiary's family who is at least 21
years of age''.
SEC. 713. TRICARE PROGRAM LIMITATIONS ON PAYMENT RATES FOR
INSTITUTIONAL HEALTH CARE PROVIDERS AND ON
BALANCE BILLING BY INSTITUTIONAL AND
NONINSTITUTIONAL HEALTH CARE PROVIDERS.
(a) Institutional Providers.--Section 1079(j) of title 10,
United States Code, is amended--
(1) in paragraph (2)(A)--
(A) by striking ``(A)''; and
(B) by striking ``may be determined under joint
regulations'' and inserting ``shall be determined under joint
regulations'';
(2) by redesignating subparagraph (B) of paragraph (2) as
paragraph (4), and, in such paragraph, as so redesignated, by
striking ``subparagraph (A),'' and inserting ``this
subsection,''; and
(3) by inserting before paragraph (4), as redesignated by
paragraph (2), the following new paragraph (3):
``(3) A contract for a plan covered by this section shall
include a clause that prohibits each provider of services
under the plan from billing any person covered by the plan
for any balance of charges for services in excess of the
amount paid for those services under the joint regulations
referred to in paragraph (2), except for any unpaid amounts
of deductibles or copayments that are payable directly to the
provider by the person.''.
(b) Noninstitutional Providers.--Section 1079(h)(4) of such
title is amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following new subparagraph:
``(B) The regulations shall include a restriction that
prohibits an individual health care professional (or other
noninstitutional health care provider) from billing a
beneficiary for services for more than the amount that is
equal to--
``(i) the excess of the limiting charge (as defined in
section 1848(g)(2) of the Social Security Act (42 U.S.C.
1395w-4(g)(2))) that would be applicable if the services had
been provided by the professional (or other provider) as an
individual health care professional (or other
noninstitutional health care provider) on a nonassignment-
related basis under part B of title XVIII of such Act over
the amount that is payable by the United States for those
services under this subsection, plus
``(ii) any unpaid amounts of deductibles or copayments that
are payable directly to the professional (or other provider)
by the beneficiary.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.
SEC. 714. TWO-YEAR EXTENSION OF HEALTH CARE MANAGEMENT
DEMONSTRATION PROGRAM.
(a) Extension.--Subsection (d) of section 733 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-191)
is amended by striking ``December 31, 2001'' and inserting
``December 31, 2003''.
(b) Report.--Subsection (e) of that section is amended--
(1) by striking ``Reports.--'' and inserting ``Report.--'';
and
(2) by striking ``March 15, 2002'' and inserting ``March
15, 2004''.
SEC. 715. STUDY OF HEALTH CARE COVERAGE OF MEMBERS OF THE
SELECTED RESERVE.
(a) Requirement for Study.--The Comptroller General shall
carry out a study of the
[[Page H6979]]
needs of members of the Selected Reserve of the Ready Reserve
of the Armed Forces and their families for health care
benefits.
(b) Report.--Not later than March 1, 2002, the Comptroller
General shall submit to Congress a report on the study under
subsection (a). The report shall include the following
matters:
(1) An analysis of how members of the Selected Reserve
currently obtain coverage for health care benefits when not
on active duty, together with statistics on enrollments in
health care benefits plans, including--
(A) the percentage of members of the Selected Reserve who
are not covered by an employer health benefits plan;
(B) the percentage of members of the Selected Reserve who
are not covered by an individual health benefits plan; and
(C) the percentage of members of the Selected Reserve who
are not covered by any health insurance or other health
benefits plan.
(2) An assessment of the disruptions in health benefits
coverage that a mobilization of members of the Selected
Reserve has caused for the members and their families.
(3) An assessment of the cost and effectiveness of various
options for preventing or reducing disruptions described in
paragraph (2), including--
(A) providing health care benefits to all members of the
Selected Reserve and their families through TRICARE, the
Federal Employees Health Benefits Program, or otherwise;
(B) revising and extending the program of transitional
medical and dental care that is provided under section 1074b
of title 10, United States Code, for members of the Armed
Forces upon release from active duty served in support of a
contingency operation;
(C) requiring the health benefits plans of members of the
Selected Reserve, including individual health benefits plans
and group health benefits plans, to permit members of the
Selected Reserve to elect to resume coverage under such
health benefits plans upon release from active duty in
support of a contingency operation;
(D) providing financial assistance for paying premiums or
other subscription charges for continuation of coverage by
private sector health insurance or other health benefits
plans; and
(E) any other options that the Comptroller General
determines advisable to consider.
SEC. 716. STUDY OF ADEQUACY AND QUALITY OF HEALTH CARE
PROVIDED TO WOMEN UNDER THE DEFENSE HEALTH
PROGRAM.
(a) Requirement for Study.--The Comptroller General shall
carry out a study of the adequacy and quality of the health
care provided to women under chapter 55 of title 10, United
States Code.
(b) Specific Consideration.--The study shall include an
intensive review of the availability and quality of
reproductive health care services.
(c) Report.--The Comptroller General shall submit a report
on the results of the study to Congress not later than April
1, 2002.
SEC. 717. PILOT PROGRAM FOR DEPARTMENT OF VETERANS AFFAIRS
SUPPORT FOR DEPARTMENT OF DEFENSE 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 for
the performance of the physical examinations required in
connection with the separation of members of the uniformed
services. The requirements of this section shall apply to a
pilot program, if any, that is carried out under the
authority of this subsection.
(b) Performance of Physical Examinations by Department of
Veterans Affairs.--Under the pilot program, the Secretary of
Veterans Affairs shall perform the physical examinations of
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.
(c) Reimbursement.--The Secretary of Defense shall provide
for reimbursing the Secretary of Veterans Affairs for the
cost incurred by the Secretary of Veterans Affairs in
performing, under the pilot program, the items 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.
(d) Agreement.--(1) The Secretary of Defense and the
Secretary of Veterans Affairs shall enter into an agreement
for carrying out a pilot program established under this
section. The agreement shall specify the geographic area in
which the pilot program is carried out and the means for
making reimbursement payments.
(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.
(e) Consultation Requirement.--In developing and carrying
out the pilot program, the Secretary of Defense shall consult
with the other administering Secretaries.
(f) Period of Program.--Any pilot program established under
this section shall begin not later than July 1, 2002, and
terminate on December 31, 2005.
(g) Reports.--(1) Not later than January 31, 2004, the
Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to Congress an interim report on the
conduct of the pilot program.
(2) Not later than March 1, 2005, the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly submit to
Congress a final report on the conduct of the pilot program.
(3) Each report under this subsection shall include the
Secretaries' assessment, as of the date of such report, of
the efficacy of the performance of separation physical
examinations as provided for under the pilot program.
(h) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given the term in section 1072(3) of title 10, United States
Code.
(2) The term ``Secretary concerned'' has the meaning given
the term in section 101(5) of title 37, United States Code.
SEC. 718. MODIFICATION OF PROHIBITION ON REQUIREMENT OF
NONAVAILABILITY STATEMENT OR PREAUTHORIZATION.
(a) Clarification of Covered Beneficiaries.--Subsection (a)
of section 721 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted in Public
Law 106-398; 114 Stat. 1654A-184) is amended by striking
``covered beneficiary under chapter 55 of title 10, United
States Code, who is enrolled in TRICARE Standard,`` and
inserting ``covered beneficiary under TRICARE Standard
pursuant to chapter 55 of title 10, United States Code,''.
(b) Repeal of Requirement for Notification Regarding Health
Care Received From Another Source.--Subsection (b) of such
section is repealed.
(c) Waiver Authority.--Such section, as so amended, is
further amended by striking subsection (c) and inserting the
following:
``(b) Waiver Authority.--The Secretary may waive the
prohibition in subsection (a) if--
``(1) the Secretary--
``(A) demonstrates that significant costs would be avoided
by performing specific procedures at the affected military
medical treatment facility or facilities;
``(B) determines that a specific procedure must be provided
at the affected military medical treatment facility or
facilities to ensure the proficiency levels of the
practitioners at the facility or facilities; or
``(C) determines that the lack of nonavailability statement
data would significantly interfere with TRICARE contract
administration;
``(2) the Secretary provides notification of the
Secretary's intent to grant a waiver under this subsection to
covered beneficiaries who receive care at the military
medical treatment facility or facilities that will be
affected by the decision to grant a waiver under this
subsection;
``(3) the Secretary notifies the Committees on Armed
Services of the House of Representatives and the Senate of
the Secretary's intent to grant a waiver under this
subsection, the reason for the waiver, and the date that a
nonavailability statement will be required; and
``(4) 60 days have elapsed since the date of the
notification described in paragraph (3).''.
(d) Delay of Effective Date.--Subsection (d) of such
section is amended--
(1) by striking ``take effect on October 1, 2001'' and
inserting ``be effective beginning on the date that is two
years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2002''; and
(2) by redesignating the subsection as subsection (c).
(e) Report.--Not later than March 1, 2002, the Secretary of
Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the
Secretary's plans for implementing section 721 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001, as amended by this section.
SEC. 719. TRANSITIONAL HEALTH CARE TO MEMBERS SEPARATED FROM
ACTIVE DUTY.
(a) Permanent Authority for Involuntarily Separated Members
and Mobilized Reserves.--Subsection (a) of section 1145 of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2), a
member'' and all that follows through ``of the member),'' and
inserting ``paragraph (3), a member of the armed forces who
is separated from active duty as described in paragraph
(2)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) This subsection applies to the following members of
the armed forces:
``(A) A member who is involuntarily separated from active
duty.
``(B) A member of a reserve component who is separated from
active duty to which called or ordered in support of a
contingency operation if the active duty is active duty for a
period of more than 30 days.
``(C) A member who is separated from active duty for which
the member is involuntarily retained under section 12305 of
this title in support of a contingency operation.
``(D) A member who is separated from active duty served
pursuant to a voluntary agreement of the member to remain on
active duty for a period of less than one year in support of
a contingency operation.''; and
[[Page H6980]]
(4) in paragraph (3), as redesignated by paragraph (2), is
amended by striking ``involuntary'' each place it appears.
(b) Conforming Amendments.--Such section 1145 is further
amended--
(1) in subsection (c)(1), by striking ``during the period
beginning on October 1, 1990, and ending on December 31,
2001''; and
(2) in subsection (e), by striking the first sentence.
(c) Repeal of Superseded Authority.--(1) Section 1074b of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by striking the item relating to
section 1074b.
(d) Transition Provision.--Notwithstanding the repeal of
section 1074b of title 10, United States Code, by subsection
(c), the provisions of that section, as in effect before the
date of the enactment of this Act, shall continue to apply to
a member of the Armed Forces who is released from active duty
in support of a contingency operation before that date.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Procurement Management and Administration
SEC. 801. MANAGEMENT OF PROCUREMENTS OF SERVICES.
(a) Responsibility of Under Secretary of Defense for
Acquisition, Technology, and Logistics.--Section 133(b) of
title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph (5):
``(5) managing the procurements of services for the
Department of Defense; and''.
(b) Requirement for Management Structure.--(1) Chapter 137
of such title is amended by inserting after section 2328 the
following new section:
``Sec. 2330. Procurements of services: management structure
``(a) Requirement for Management Structure.--The Under
Secretary of Defense for Acquisition, Technology, and
Logistics shall establish a structure for the management of
procurements of services for the Department of Defense.
``(b) Delegation of Authority.--(1) The management
structure shall provide for a designated official in each
Defense Agency, military department, and command to exercise
the responsibility for the management of the procurements of
services for the official's Defense Agency, military
department, or command, respectively.
``(2) For the exercise of the responsibility under
paragraph (1), a designated official shall report, and be
accountable, to--
``(A) the Under Secretary of Defense for Acquisition,
Technology, and Logistics; and
``(B) such other officials as the Under Secretary may
prescribe for the management structure.
``(3) Paragraph (2) shall not affect the responsibility of
a designated official for a military department who is not
the Secretary of that military department to report, and be
accountable, to the Secretary of the military department.
``(c) Contracting Responsibilities of Designated
Officials.--The responsibilities of an official designated
under subsection (b) shall include, with respect to the
procurements of services for the Defense Agency, military
department, or command of that official, the following:
``(1) Ensuring that the services are procured by means of
contracts or task orders that are in the best interests of
the Department of Defense and are entered into or issued and
managed in compliance with the applicable statutes,
regulations, directives, and other requirements, regardless
of whether the services are procured through a contract of
the Department of Defense or through a contract entered into
by an official of the United States outside the Department of
Defense.
``(2) Establishing within the Department of Defense
appropriate contract vehicles for use in the procurement of
services so as to ensure that officials of the Department of
Defense are accountable for the procurement of the services
in accordance with the requirements of paragraph (1).
``(3) Analyzing data collected under section 2330a of this
title on contracts that are entered into for the procurement
of services.
``(4) Approving, in advance, any procurement of services
that is to be made through the use of--
``(A) a contract or task order that is not a performance-
based contract or task order; or
``(B) a contract entered into, or a task order issued, by
an official of the United States outside the Department of
Defense.
``(d) Definition.--In this section, the term `performance-
based', with respect to a contract or a task order means that
the contract or task- order, respectively, includes the use
of performance work statements that set forth contract
requirements in clear, specific, and objective terms with
measurable outcomes.''.
(2) Not later than 180 days after the date of the enactment
of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall issue guidance for officials
in the management structure established under section 2330 of
title 10, United States Code (as added by paragraph (1)),
regarding how to carry out their responsibilities under that
section. The guidance shall include, at a minimum, the
following:
(A) Specific dollar thresholds, approval levels, and
criteria for advance approvals under subsection (c)(4) of
such section 2330.
(B) A prohibition on the procurement of services through
the use of a contract entered into, or a task order issued,
by an official of the United States outside the Department of
Defense that is not a performance-based contract or task
order, unless an appropriate official in the management
structure established under such section 2330 determines in
writing that the use of that means for the procurement is
justified on the basis of exceptional circumstances as being
in the best interests of the Department of Defense.
(c) Tracking of Procurements of Services.--Chapter 137 of
title 10, United States Code, as amended by subsection (b),
is further amended by inserting after section 2330 the
following new section:
``Sec. 2330a. Procurements of services: tracking
``(a) Data Collection Required.--The Secretary of Defense
shall establish a data collection system to provide
management information with regard to each purchase of
services by a military department or Defense Agency in excess
of the simplified acquisition threshold, regardless of
whether such a purchase is made in the form of a contract,
task order, delivery order, military interdepartmental
purchase request, or any other form of interagency agreement.
``(b) Data To Be Collected.--The data required to be
collected under subsection (a) includes the following:
``(1) The services purchased.
``(2) The total dollar amount of the purchase.
``(3) The form of contracting action used to make the
purchase.
``(4) Whether the purchase was made through--
``(A) a performance-based contract, performance-based task
order, or other performance-based arrangement that contains
firm fixed prices for the specific tasks to be performed;
``(B) any other performance-based contract, performance-
based task order, or performance-based arrangement; or
``(C) any contract, task order, or other arrangement that
is not performance based.
``(5) In the case of a purchase made through an agency
other than the Department of Defense--
``(A) the agency through which the purchase is made; and
``(B) the reasons for making the purchase through that
agency.
``(6) The extent of competition provided in making the
purchase (including the number of offerors).
``(7) whether the purchase was made from--
``(A) a small business concern;
``(B) a small business concern owned and controlled by
socially and economically disadvantaged individuals; or
``(C) a small business concern owned and controlled by
women.
``(c) Compatibility With Data Collection System for
Information Technology Purchases.--To the maximum extent
practicable, a single data collection system shall be used to
collect data under this section and information under section
2225 of this title.
``(d) Definitions.--In this section:
``(1) The term `performance-based', with respect to a
contract, task order, or arrangement, means that the
contract, task order, or arrangement, respectively, includes
the use of performance work statements that set forth
contract requirements in clear, specific, and objective terms
with measurable outcomes.
``(2) The definitions set forth in section 2225(f) of this
title for the terms `simplified acquisition threshold',
`small business concern', `small business concern owned and
controlled by socially and economically disadvantaged
individuals', and `small business concern owned and
controlled by women' shall apply.''.
(d) Requirement for Program Review Structure.--(1) Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall issue and implement a
policy that applies to the procurement of services by the
Department of Defense a program review structure that is
similar to the one developed for and applied to the
procurement of systems by the Department of Defense.
(2) The program review structure for the procurement of
services shall, at a minimum, include the following:
(A) Standards for determining which procurements should be
subject to review by either the senior procurement executive
of a military department or the senior procurement executive
of the Department of Defense under such section, including
criteria based on dollar thresholds, program criticality, or
other appropriate measures.
(B) Appropriate milestones at which those reviews should
take place.
(C) A description of the specific matters that should be
reviewed.
(e) Comptroller General Review.--Not later than 90 days
after the date on which the Secretary issues the policy
required by subsection (d) and the Under Secretary of Defense
for Acquisition, Technology, and Logistics issues the
guidance required by subsection (b)(2), the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives an assessment of
the compliance with the requirements of this section and the
amendments made by this section.
[[Page H6981]]
(f) Definitions.--In this section:
(1) The term ``senior procurement executive'' means the
official designated as the senior procurement executive under
section 16(3) of the Office of Federal Procurement Policy Act
(41 U.S.C. 414(3)).
(2) The term ``performance-based'', with respect to a
contract or a task order means that the contract or task
order, respectively, includes the use of performance work
statements that set forth contract requirements in clear,
specific, and objective terms with measurable outcomes.
(g) Clerical Amendments.--(1) The heading for section 2331
of title 10, United States Code, is amended to read as
follows:
``Sec. 2331. Procurements of services: contracts for
professional and technical services''.
(2) The table of sections at the beginning of chapter 137
of such title is amended by striking the item relating to
section 2331 and inserting the following new items:
``2330. Procurements of services: management structure.
``2330a. Procurements of services: tracking.
``2331. Procurements of services: contracts for professional and
technical services.''.
SEC. 802. SAVINGS GOALS FOR PROCUREMENTS OF SERVICES.
(a) Goals.--(1) It shall be an objective of the Department
of Defense to achieve savings in expenditures for
procurements of services through the use of--
(A) performance-based services contracting;
(B) competition for task orders under services contracts;
and
(C) program review, spending analyses, and improved
management of services contracts.
(2) In furtherance of that objective, the Department of
Defense shall have goals to use improved management practices
to achieve, over 10 fiscal years, reductions in the total
amount that would otherwise be expended by the Department for
the procurement of services (other than military
construction) in a fiscal year by the amount equal to 10
percent of the total amount of the expenditures of the
Department for fiscal year 2000 for procurement of services
(other than military construction), as follows:
(A) By fiscal year 2002, a three percent reduction.
(B) By fiscal year 2003, a four percent reduction.
(C) By fiscal year 2004, a five percent reduction.
(D) By fiscal year 2011, a ten percent reduction.
(b) Annual Report.--Not later than March 1, 2002, and
annually thereafter through March 1, 2006, the Secretary of
Defense shall submit to the congressional defense committees
a report on the progress made toward meeting the objective
and goals established in subsection (a). Each report shall
include, at a minimum, the following information:
(1) A summary of the steps taken or planned to be taken in
the fiscal year of the report to improve the management of
procurements of services.
(2) A summary of the steps planned to be taken in the
following fiscal year to improve the management of
procurements of services.
(3) An estimate of the amount that will be expended by the
Department of Defense for procurements of services in the
fiscal year of the report.
(4) An estimate of the amount that will be expended by the
Department of Defense for procurements of services in the
following fiscal year.
(5) An estimate of the amount of savings that, as a result
of improvement of the management practices used by the
Department of Defense, will be achieved for the procurement
of services by the Department in the fiscal year of the
report and in the following fiscal year.
(c) Review and Report by Comptroller General.--The
Comptroller General shall review each report submitted by the
Secretary pursuant to subsection (b), and within 90 days
after the date of the report, submit to Congress a report
containing the Comptroller General's assessment of the extent
to which the Department of Defense has taken steps necessary
to achieve the objective and goals established by subsection
(a). In each report the Comptroller General shall, at a
minimum, address--
(1) the accuracy and reliability of the estimates included
in the Secretary's report; and
(2) the effectiveness of the improvements in management
practices that have been taken, and those that are planned to
be taken, in the Department of Defense to achieve savings in
procurements of services by the Department.
SEC. 803. COMPETITION REQUIREMENT FOR PURCHASES PURSUANT TO
MULTIPLE AWARD CONTRACTS.
(a) Regulations Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall promulgate in the Department of Defense
Supplement to the Federal Acquisition Regulation regulations
requiring competition in the purchase of products and
services by the Department of Defense pursuant to multiple
award contracts.
(b) Content of Regulations.--The regulations required by
subsection (a) shall provide, at a minimum, that each
individual procurement of products and services in excess of
$50,000 that is made under a multiple award contract shall be
made on a competitive basis unless a contracting officer of
the Department of Defense--
(1) waives the requirement on the basis of a determination
that one of the circumstances described in paragraphs (1)
through (4) of section 2304(c) of title 10, United States
Code, applies to such individual procurement; and
(2) justifies the determination in writing.
(c) Reporting Requirement.--The Secretary shall submit to
the congressional defense committees each year a report on
the use of the waiver authority provided in the regulations
prescribed under subsection (b). The report for a year shall
include, at a minimum, for each military department and each
Defense Agency, the following:
(1) The number of the waivers granted.
(2) The dollar value of the procurements for which the
waivers were granted.
(3) The bases on which the waivers were granted.
(d) Definitions.--In this section:
(1) The term ``individual procurement'' 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 or delivery 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 indeterminate delivery, indeterminate
quantity contract that is entered into by the head of a
Federal agency with two or more sources pursuant to the same
solicitation.
(3) The term ``competitive basis'', with respect to an
individual procurement of products or services under a
multiple award contract, means procedures that--
(A) require fair notice to be provided to all contractors
offering such products or services under the multiple award
contract of the intent to make that procurement; and
(B) afford all such contractors a fair opportunity to make
an offer and have that offer fully and fairly considered by
the official making the procurement.
(4) The term ``Defense Agency'' has the meaning given that
term in section 101(a)(11) of title 10, United States Code.
(e) Applicability.--The regulations promulgated by the
Secretary pursuant to subsection (a) shall take effect not
later than 180 days after the date of the enactment of this
Act and shall apply to all individual procurements that
are made under multiple award contracts on or after the
effective date, without regard to whether the multiple
award contracts were entered into before, on, or after
such effective date.
SEC. 804. RISK REDUCTION AT INITIATION OF MAJOR DEFENSE
ACQUISITION PROGRAM.
(a) Standard for Technological Maturity.--(1) Chapter 144
of title 10, United States Code, is amended by inserting
after section 2431 the following new section:
``Sec. 2431a. Risk reduction at program initiation
``(a) Requirement for Demonstration of Critical
Technologies.--Each critical technology that is to be used in
production under a major defense acquisition program shall be
successfully demonstrated in a relevant environment, as
determined in writing by the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(b) Prohibition.--Neither of the following actions may be
taken in a major defense acquisition program before the
requirement of subsection (a) has been satisfied for the
program:
``(1) Milestone B approval.
``(2) Initiation of the program without a Milestone B
approval.
``(c) Waiver.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics may waive the
prohibition in subsection (b) with respect to a major defense
acquisition program if the Milestone Decision Authority for
the program certifies to the Under Secretary that exceptional
circumstances justify proceeding with an action described in
that subsection for the program before compliance with
subsection (a).
``(d) Annual Report on Waivers.--(1) The Secretary of
Defense shall submit to the Committees on Armed Services and
on Appropriations of the Senate and the House of
Representatives each year the justification for any waiver
granted with respect to a major defense acquisition program
under subsection (c) during the fiscal year covered by the
report.
``(2) The report for a fiscal year shall be submitted with
the submission of the weapons development and procurement
schedules under section 2431 of this title and shall cover
the fiscal year preceding the fiscal year in which submitted.
``(e) Definitions.--In this section:
``(1) The term `Milestone B approval' means approval to
begin integrated system development and demonstration.
``(2) The term `Milestone Decision Authority' means the
official of the Department of Defense who is designated in
accordance with criteria prescribed by the Secretary of
Defense to approve entry of a major defense acquisition
program into the next phase of the acquisition process.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2431 the following:
[[Page H6982]]
``2431a. Risk reduction at program initiation.''.
(b) Effective Date and Applicability.--(1) Section 2431a of
title 10, United States Code (as added by subsection (a)),
shall take effect on the date of the enactment of this Act
and shall apply to--
(A) any major defense acquisition program that is initiated
on or after that date without a Milestone B approval having
been issued for the program; and
(B) any major defense acquisition program that is initiated
more than 6 months after that date with a Milestone B
approval having been issued for the program before the
initiation of the program.
(2) In paragraph (1):
(A) The term ``major defense acquisition program'' has the
meaning given the term in section 2430 of title 10, United
States Code.
(B) The term ``Milestone B approval'' has the meaning given
the term under section 2431a(d) of title 10, United States
Code (as added by subsection (a)).
SEC. 805. FOLLOW-ON PRODUCTION CONTRACTS FOR PRODUCTS
DEVELOPED PURSUANT TO PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Follow-On Production Contracts.--(1) A transaction
entered into under this section for a prototype project that
satisfies the conditions set forth in subsection (d)(1)(B)(i)
may provide for the award of a follow-on production contract
to the participants in the transaction for a specific number
of units at specific target prices. The number of units
specified in the transaction shall be determined on the basis
of a balancing of the level of the investment made in the
project by the participants other than the Federal Government
with the interest of the Federal Government in having
competition among sources in the acquisition of the product
or products prototyped under the project.
``(2) A follow-on production contract provided for in a
transaction under paragraph (1) may be awarded to the
participants in the transaction without the use of
competitive procedures, notwithstanding the requirements of
section 2304 of title 10, United States Code, if--
``(A) competitive procedures were used for the selection of
parties for participation in the transaction;
``(B) the participants in the transaction successfully
completed the prototype project provided for in the
transaction;
``(C) the number of units provided for in the follow-on
production contract does not exceed the number of units
specified in the transaction for such a follow-on production
contract; and
``(D) the prices established in the follow-on production
contract do not exceed the target prices specified in the
transaction for such a follow-on production contract.''.
Subtitle B--Defense Acquisition and Support Workforce
SEC. 811. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF THE
ACQUISITION 2005 TASK FORCE.
(a) Requirement for Report.--Not later than March 1, 2002,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report on the extent of the implementation of the
recommendations set forth in the final report of the
Department of Defense Acquisition 2005 Task Force, entitled
``Shaping the Civilian Acquisition Workforce of the Future''.
(b) Content of Report.--The report shall include the
following:
(1) For each recommendation in the final report that is
being implemented or that the Secretary plans to implement--
(A) a summary of all actions that have been taken to
implement the recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(2) For each recommendation in the final report that the
Secretary does not plan to implement--
(A) the reasons for the decision not to implement the
recommendation; and
(B) a summary of any alternative actions the Secretary
plans to take to address the purposes underlying the
recommendation.
(3) A summary of any additional actions the Secretary plans
to take to address concerns raised in the final report about
the size and structure of the acquisition workforce of the
Department of Defense.
(c) Comptroller General Review.--Not later than 60 days
after the date on which the Secretary submits the report
required by subsection (a), the Comptroller General shall--
(1) review the report; and
(2) submit to the committees referred to in subsection (a)
the Comptroller General's assessment of the extent to which
the report--
(A) complies with the requirements of this section; and
(B) addresses the concerns raised in the final report about
the size and structure of the acquisition workforce of the
Department of Defense.
SEC. 812. 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 2002, 2003, and 2004, below the
level of that workforce as of September 30, 2001, 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. 813. REVISION OF ACQUISITION WORKFORCE QUALIFICATION
REQUIREMENTS.
(a) Special Requirements for Members of a Contingency
Contracting Force.--(1) Subchapter II of chapter 87 of title
10, United States Code, is amended by inserting after section
1724 the following new section:
``Sec. 1724a. Contingency contracting force: qualification
requirements
``(a) Contingency Contracting Force.--The Secretary of
Defense may identify as a contingency contracting force the
acquisition positions described in subsections (a) and (b) of
section 1724 of this title that involve duties requiring the
personnel in those positions to deploy to perform contracting
functions in support of a contingency operation or other
Department of Defense operation.
``(b) Qualification Requirements.--The Secretary of Defense
shall prescribe the qualification requirements for a person
appointed to a position in any contingency contracting force
identified under subsection (a). The requirements shall
include requirements that the person--
``(1) either--
``(A) have completed the credits of study as described in
section 1724(a)(3)(B) of this title;
``(B) have passed an examination considered by the
Secretary of Defense to demonstrate that the person has
skills, knowledge, or abilities comparable to that of a
person who has completed the credits of study described in
such section; or
``(C) through a combination of having completed some of the
credits of study described in such section and having passed
an examination, have demonstrated that the person has skills,
knowledge, or abilities comparable to that of a person who
has completed all of the credits of study described in such
section; and
``(2) have satisfied such additional requirements for
education and experience as the Secretary may prescribe.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 1724 the following new item:
``1724a. Contingency contracting force: qualification requirements.''.
(b) Exceptions to Generally Applicable Qualification
Requirements.--Subsection (c) of such section is amended to
read as follows:
``(c) Exceptions.--(1) The requirements imposed under
subsection (a) or (b) of this section shall not apply to a
person for either of the following purposes:
``(A) In the case of an employee, to qualify to serve in
the position in which the employee was serving on October 1,
1993, or in any other position in the same or lower grade and
involving the same or lower level of responsibilities as the
position in which the employee was serving on such date.
``(B) To qualify to serve in an acquisition position in any
contingency contracting force identified under section 1724a
of this title.
``(2) Subject to paragraph (3), the requirements imposed
under subsection (a) or (b) shall not apply to a person who,
before October 1, 2000, served--
``(A) as a contracting officer in an executive agency with
authority to award or administer contracts in excess of the
simplified acquisition threshold (referred to in section
2304(g) of this title); or
``(B) in a position in an executive agency either as an
employee in the GS-1102 occupational series or as a member of
the armed forces in a similar occupational specialty.
``(3) For the exception in subparagraph (A) or (B) of
paragraph (2) to apply to an employee with respect to the
requirements imposed under subsection (a) or (b), the
employee must--
``(A) before October 1, 2000--
``(i) have received a baccalaureate degree as described in
subparagraph (A) of subsection (a)(3);
``(ii) have completed credits of study as described in
subparagraph (B) of subsection (a)(3);
[[Page H6983]]
``(iii) have passed an examination considered by the
Secretary of Defense to demonstrate skills, knowledge, or
abilities comparable to that of a person who has completed
credits of study as described in subparagraph (B) of
subsection (a)(3); or
``(iv) have been granted a waiver of the applicability of
the requirements imposed under subsection (a) or (b), as the
case may be; or
``(B) on October 1, 1991, had at least 10 years of
experience in one or more acquisition positions in the
Department of Defense, comparable positions in other
government agencies or the private sector, or similar
positions in which an individual obtains experience directly
relevant to the field of contracting.''.
(c) Clarification of Applicability of Waiver Authority to
Members of the Armed Forces.--Subsection (d) of such section
is amended by striking ``employee or member of'' in the first
sentence and inserting ``employee of, or a member of an armed
force in,''.
(d) Office of Personnel Management Approval of Generally
Applicable Discretionary Requirements.--Section 1725 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``section 1723 or under
section 1724(a)(4) of this title'' in the first sentence and
inserting ``section 1723, 1724(a)(4), or 1724a(b)(2)''; and
(2) in subsection (b), by striking ``subsection (a)(3) or
(b) of section 1724 of this title'' in the first sentence and
inserting ``subsection (a)(3), (b), or (c)(3)(A)(iii) of
section 1724 of this title or under subparagraph (B) or (C)
of section 1724a(b)(1) of this title''.
(e) Technical Corrections.--Sections 1724(a)(3)(B) and
1732(c)(2) of such title are amended by striking ``business
finance'' and inserting ``business, finance''.
Subtitle C--Use of Preferred Sources
SEC. 821. APPLICABILITY OF COMPETITION REQUIREMENTS TO
PURCHASES FROM A REQUIRED SOURCE.
(a) Conditions for Competition.--(1) Chapter 141 of title
10, United States Code, is amended by adding at the end the
following:
``Sec. 2410n. Products of Federal Prison Industries:
procedural requirements
``(a) Market Research Before Purchase.--Before purchasing a
product listed in the latest edition of the Federal Prison
Industries catalog under section 4124(d) of title 18, the
Secretary of Defense shall conduct market research to
determine whether the Federal Prison Industries product is
comparable in price, quality, and time of delivery to
products available from the private sector.
``(b) Limited Competition Requirement.--If the Secretary
determines that a Federal Prison Industries product is not
comparable in price, quality, and time of delivery to
products available from the private sector, the Secretary
shall use competitive procedures for the procurement of the
product. In conducting such a competition, the Secretary
shall consider a timely offer from Federal Prison Industries
for award in accordance with the specifications and
evaluation factors specified in the solicitation.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``2410n. Products of Federal Prison Industries: procedural
requirements.''.
(b) Applicability.--Section 2410n of title 10, United
States Code (as added by subsection (a)), shall apply to
purchases initiated on or after October 1, 2001.
SEC. 822. CONSOLIDATION OF CONTRACT REQUIREMENTS.
(a) Amendment to Title 10.--(1) Chapter 141 of title 10,
United States Code, is amended by inserting after section
2381 the following new section:
``Sec. 2382. Consolidation of contract requirements: policy
and restrictions
``(a) Policy.--The Secretary of Defense shall require the
Secretary of each military department, the head of each
Defense Agency, and the head of each Department of Defense
Field Activity to ensure that the decisions made by that
official regarding consolidation of contract requirements of
the department, agency, or activity as the case may be, are
made with a view to providing small business concerns with
appropriate opportunities to participate in Department of
Defense procurements as prime contractors and appropriate
opportunities to participate in such procurements as
subcontractors.
``(b) Limitation on Use of Acquisition Strategies Involving
Consolidation.--(1) An official of a military department,
Defense Agency, or Department of Defense Field Activity may
not execute an acquisition strategy that includes a
consolidation of contract requirements of the military
department, agency, or activity with a total value in excess
of $5,000,000, unless the senior procurement executive
concerned first--
``(A) conducts market research;
``(B) identifies any alternative contracting approaches
that would involve a lesser degree of consolidation of
contract requirements; and
``(C) determines that the consolidation is necessary and
justified.
``(2) A senior procurement executive may determine that an
acquisition strategy involving a consolidation of contract
requirements is necessary and justified for the purposes of
paragraph (1) if the benefits of the acquisition strategy
substantially exceed the benefits of each of the possible
alternative contracting approaches identified under
subparagraph (B) of that paragraph. However, savings in
administrative or personnel costs alone do not constitute,
for such purposes, a sufficient justification for a
consolidation of contract requirements in a procurement
unless the total amount of the cost savings is expected to be
substantial in relation to the total cost of the procurement.
``(3) Benefits considered for the purposes of paragraphs
(1) and (2) may include cost and, regardless of whether
quantifiable in dollar amounts--
``(A) quality;
``(B) acquisition cycle;
``(C) terms and conditions; and
``(D) any other benefit.
``(c) Definitions.--In this section:
``(1) The terms `consolidation of contract requirements'
and `consolidation', with respect to contract requirements of
a military department, Defense Agency, or Department of
Defense Field Activity, mean a use of a solicitation to
obtain offers for a single contract or a multiple award
contract to satisfy two or more requirements of that
department, agency, or activity for goods or services that
have previously been provided to, or performed for, that
department, agency, or activity under two or more separate
contracts smaller in cost than the total cost of the contract
for which the offers are solicited.
``(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 this title;
``(B) a multiple award task order contract or delivery
order contract that is entered into under the authority of
sections 2304a through 2304d of this title 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 indeterminate delivery, indeterminate
quantity contract that is entered into by the head of a
Federal agency with two or more sources pursuant to the same
solicitation.
``(3) The term `senior procurement executive concerned'
means--
``(A) with respect to a military department, the official
designated under section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3)) as the senior
procurement executive for the military department; or
``(B) with respect to a Defense Agency or a Department of
Defense Field Activity, the official so designated for the
Department of Defense.
``(4) The term `small business concern' means a business
concern that is determined by the Administrator of the Small
Business Administration to be a small-business concern by
application of the standards prescribed under section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2381 the following new item:
``2382. Consolidation of contract requirements: policy and
restrictions.''.
(b) Data Review.--(1) The Secretary of Defense shall revise
the data collection systems of the Department of Defense to
ensure that such systems are capable of identifying each
procurement that involves a consolidation of contract
requirements within the department with a total value in
excess of $5,000,000.
(2) The Secretary shall ensure that appropriate officials
of the Department of Defense periodically review the
information collected pursuant to paragraph (1) in
cooperation with the Small Business Administration--
(A) to determine the extent of the consolidation of
contract requirements in the Department of Defense; and
(B) to assess the impact of the consolidation of contract
requirements on the availability of opportunities for small
business concerns to participate in Department of Defense
procurements, both as prime contractors and as
subcontractors.
(3) In this subsection:
(A) The term ``bundling of contract requirements'' has the
meaning given that term in section 3(o)(2) of the Small
Business Act (15 U.S.C. 632(o)(2)).
(B) The term ``consolidation of contract requirements'' has
the meaning given that term in section 2382(c)(1) of title
10, United States Code, as added by subsection (a).
(c) Evaluation of Bundling Effects.--Section 15(h)(2) of
the Small Business Act (15 U.S.C. 644(h)(2)) is amended--
(1) in subparagraph (C), by inserting ``, and whether
contract bundling played a role in the failure,'' after
``agency goals''; and
(2) by adding at the end the following:
``(G) The number and dollar value of consolidations of
contract requirements with a total value in excess of
$5,000,000, including the number of such consolidations that
were awarded to small business concerns as prime
contractors.''.
(d) Reporting Requirement.--Section 15(p) of the Small
Business Act (15 U.S.C. 644(p)) is amended to read as
follows:
``(p) Reporting Requirement.--
``(1) In general.--The Administrator shall conduct a study
examining the best means to determine the accuracy of the
market research required under subsection (e)(2) for each
bundled contract, to determine if the anticipated benefits
were realized, or if they were not realized, the reasons
there for.
[[Page H6984]]
``(2) Provision of information.--A Federal agency shall
provide to the appropriate procurement center representative
a copy of market research required under subsection (e)(2)
for consolidations of contract requirements with a total
value in excess of $5,000,000, upon request.
``(3) Report.--Not later than 270 days after the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2002, the Administrator shall submit a report to
the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives on the results of the study conducted under
this subsection.''.
SEC. 823. CODIFICATION AND CONTINUATION OF MENTOR-PROTEGE
PROGRAM AS PERMANENT PROGRAM.
(a) In General.--(1) Chapter 141 of title 10, United States
Code, is amended by inserting after section 2402 the
following new section:
``Sec. 2403. Mentor-Protege Program
``(a) Establishment of Program.--The Secretary of Defense
shall carry out a program known as the `Mentor-Protege
Program'.
``(b) Purpose.--The purpose of the program is to provide
incentives for major Department of Defense contractors to
furnish eligible small business concerns (as defined in
subsection (l)(2)) with assistance designed to enhance the
capabilities of eligible small business concerns to perform
as subcontractors and suppliers under Department of Defense
contracts and other contracts and subcontracts in order to
increase the participation of such business concerns as
subcontractors and suppliers under Department of Defense
contracts, other Federal Government contracts, and commercial
contracts.
``(c) Program Participants.--(1) A business concern meeting
the eligibility requirements set out in subsection (d) may
enter into agreements under subsection (e) and furnish
assistance to eligible small business concerns upon making
application to the Secretary of Defense and being approved
for participation in the program by the Secretary. A business
concern participating in the program pursuant to such an
approval shall be known, for the purposes of the program, as
a `mentor firm'.
``(2) An eligible small business concern may obtain
assistance from a mentor firm upon entering into an agreement
with the mentor firm as provided in subsection (e). An
eligible small business concern may not be a party to more
than one agreement to receive such assistance at any time. An
eligible small business concern receiving such assistance
shall be known, for the purposes of the program, as a
`protege firm'.
``(3) In entering into an agreement pursuant to subsection
(e), a mentor firm may rely in good faith on a written
representation of a business concern that such business
concern is a small business concern described in subsection
(l)(2)(A). The Administrator of the Small Business
Administration shall determine the status of such business
concern as such a small business concern in the event of a
protest regarding the status of the business concern. If at
any time the business concern is determined by the
Administrator not to be such a small business concern,
assistance furnished to the business concern by the mentor
firm after the date of the determination may not be
considered assistance furnished under the program.
``(d) Mentor Firm Eligibility.--Subject to subsection
(c)(1), a mentor firm eligible for award of Federal contracts
may enter into an agreement with one or more protege firms
under subsection (e) and provide assistance under the program
pursuant to that agreement if--
``(1) during the fiscal year preceding the fiscal year in
which the mentor firm enters into the agreement, the total
amount of the Department of Defense contracts awarded such
mentor firm and the subcontracts awarded such mentor firm
under Department of Defense contracts was equal to or greater
than $100,000,000; or
``(2) the mentor firm demonstrates the capability to assist
in the development of protege firms, and is approved by the
Secretary of Defense pursuant to criteria specified in the
regulations prescribed pursuant to subsection (k).
``(e) Mentor-Protege Agreement.--Before providing
assistance to a protege firm under the program, a mentor firm
shall enter into a mentor-protege agreement with the protege
firm regarding the assistance to be provided by the mentor
firm. The agreement shall include the following:
``(1) A developmental program for the protege firm, in such
detail as may be reasonable, including--
``(A) factors to assess the protege firm's developmental
progress under the program; and
``(B) the anticipated number and type of subcontracts to be
awarded the protege firm.
``(2) A program participation term for any period of not
more than three years, except that the term may be a period
of up to five years if the Secretary of Defense determines in
writing that unusual circumstances justify a program
participation term in excess of three years.
``(3) Procedures for the protege firm to terminate the
agreement voluntarily and for the mentor firm to terminate
the agreement for cause.
``(f) Forms of Assistance.--A mentor firm may provide a
protege firm the following:
``(1) Assistance, by using mentor firm personnel, in--
``(A) general business management, including organizational
management, financial management, and personnel management,
marketing, business development, and overall business
planning;
``(B) engineering and technical matters such as production,
inventory control, and quality assurance; and
``(C) any other assistance designed to develop the
capabilities of the protege firm under the developmental
program referred to in subsection (e).
``(2) Award of subcontracts on a noncompetitive basis to
the protege firm under the Department of Defense or other
contracts.
``(3) Payment of progress payments for performance of the
protege firm under such a subcontract in amounts as provided
for in the subcontract, but in no event may any such progress
payment exceed 100 percent of the costs incurred by the
protege firm for the performance.
``(4) Advance payments under such subcontracts.
``(5) Loans.
``(6) Cash in exchange for an ownership interest in the
protege firm, not to exceed 10 percent of the total ownership
interest.
``(7) Assistance obtained by the mentor firm for the
protege firm from one or more of the following:
``(A) Small business development centers established
pursuant to section 21 of the Small Business Act (15 U.S.C.
648).
``(B) Entities providing procurement technical assistance
pursuant to chapter 142 of this title.
``(C) A historically Black college or university or a
minority institution of higher education.
``(g) Incentives for Mentor Firms.--(1) The Secretary of
Defense may provide to a mentor firm reimbursement for the
total amount of any progress payment or advance payment made
under the program by the mentor firm to a protege firm in
connection with a Department of Defense contract awarded the
mentor firm.
``(2)(A) The Secretary of Defense may provide to a mentor
firm reimbursement for the costs of the assistance furnished
to a protege firm pursuant to paragraphs (1) and (7) of
subsection (f) as provided for in a line item in a Department
of Defense contract under which the mentor firm is furnishing
products or services to the Department, subject to a maximum
amount of reimbursement specified in such contract. The
preceding sentence does not apply in a case in which the
Secretary of Defense determines in writing that unusual
circumstances justify reimbursement using a separate
contract.
``(B) The determinations made in annual performance reviews
of a mentor firm's mentor-protege agreement under subsection
(j)(2) shall be a major factor in the determinations of
amounts of reimbursement, if any, that the mentor firm is
eligible to receive in the remaining years of the program
participation term under the agreement.
``(C) The total amount reimbursed under this paragraph to a
mentor firm for costs of assistance furnished in a fiscal
year to a protege firm may not exceed $1,000,000, except in a
case in which the Secretary of Defense determines in writing
that unusual circumstances justify a reimbursement of a
higher amount.
``(3)(A) Costs incurred by a mentor firm in providing
assistance to a protege firm that are not reimbursed pursuant
to paragraph (2) shall be recognized as credit in lieu of
subcontract awards for purposes of determining whether the
mentor firm attains a subcontracting participation goal
applicable to such mentor firm under a Department of Defense
contract, under a contract with another executive agency, or
under a divisional or company-wide subcontracting plan
negotiated with the Department of Defense or another
executive agency.
``(B) The amount of the credit given a mentor firm for any
such unreimbursed costs shall be equal to--
``(i) four times the total amount of such costs
attributable to assistance provided by entities described in
subsection (f)(7);
``(ii) three times the total amount of such costs
attributable to assistance furnished by the mentor firm's
employees; and
``(iii) two times the total amount of any other such costs.
``(C) Under regulations prescribed pursuant to subsection
(k), the Secretary of Defense shall adjust the amount of
credit given a mentor firm pursuant to subparagraphs (A) and
(B) if the Secretary determines that the firm's performance
regarding the award of subcontracts to eligible small
business concerns has declined without justifiable cause.
``(4) A mentor firm shall receive credit toward the
attainment of a subcontracting participation goal applicable
to such mentor firm for each subcontract for a product or
service awarded under such contract by a mentor firm to a
business concern that, except for its size, would be a small
business concern owned and controlled by socially and
economically disadvantaged individuals, but only if--
``(A) the size of such business concern is not more than
two times the maximum size specified by the Administrator of
the Small Business Administration for purposes of determining
whether a business concern furnishing such product or service
is a small business concern; and
``(B) the business concern formerly had a mentor-protege
agreement with such mentor firm that was not terminated for
cause.
``(h) Relationship to Small Business Act.--(1) For purposes
of the Small Business
[[Page H6985]]
Act, no determination of affiliation or control (either
direct or indirect) may be found between a protege firm and
its mentor firm on the basis that the mentor firm has agreed
to furnish (or has furnished) to its protege firm pursuant to
a mentor-protege agreement any form of developmental
assistance described in subsection (f).
``(2) Notwithstanding section 8 of the Small Business Act
(15 U.S.C. 637), the Small Business Administration may not
determine an eligible small business concern to be ineligible
to receive any assistance authorized under the Small Business
Act on the basis that such business concern has participated
in the Mentor-Protege Program or has received assistance
pursuant to any developmental assistance agreement authorized
under such program.
``(3) The Small Business Administration may not require a
firm that is entering into, or has entered into, an agreement
under subsection (e) as a protege firm to submit the
agreement, or any other document required by the Secretary of
Defense in the administration of the Mentor-Protege Program,
to the Small Business Administration for review, approval, or
any other purpose.
``(i) Participation in Mentor-Protege Program Not To Be a
Condition for Award of a Contract or Subcontract.--A mentor
firm may not require a business concern to enter into an
agreement with the mentor firm pursuant to subsection (e) as
a condition for being awarded a contract by the mentor firm,
including a subcontract under a contract awarded to the
mentor firm.
``(j) Reports and Reviews.--(1) The mentor firm and protege
firm under a mentor-protege agreement shall submit to the
Secretary of Defense an annual report on the progress made by
the protege firm in employment, revenues, and participation
in Department of Defense contracts during the fiscal year
covered by the report. The requirement for submission of an
annual report applies with respect to each fiscal year
covered by the program participation term under the agreement
and each of the two fiscal years following the expiration of
the program participation term. The Secretary shall prescribe
the timing and form of the annual report.
``(2)(A) The Secretary shall conduct an annual performance
review of each mentor-protege agreement that provides for
reimbursement of costs. The Secretary shall determine on the
basis of the review whether--
``(i) all costs reimbursed to the mentor firm under the
agreement were reasonably incurred to furnish assistance to
the protege firm in accordance with the requirements of this
section and applicable regulations; and
``(ii) the mentor firm and protege firm accurately reported
progress made by the protege firm in employment, revenues,
and participation in Department of Defense contracts during
the program participation term covered by the mentor-protege
agreement and the two fiscal years following the expiration
of the program participation term.
``(B) The Secretary shall act through the Commander of the
Defense Contract Management Command in carrying out the
reviews and making the determinations under subparagraph (A).
``(k) Regulations and Policies.--(1) The Secretary of
Defense shall prescribe regulations to carry out the Mentor-
Protege Program. The regulations shall include the following:
``(A) The requirements set forth in section 8(d) of the
Small Business Act (15 U.S.C. 673(d)).
``(B) Procedures by which mentor firms may terminate
participation in the program.
``(2) The Department of Defense policy regarding the
Mentor-Protege Program shall be published and maintained as
an appendix to the Department of Defense Supplement to the
Federal Acquisition Regulation.
``(l) Definitions.--In this section:
``(1) The term `small business concern' means a business
concern that meets the requirements of section 3(a) of the
Small Business Act (15 U.S.C. 632(a)) and the regulations
promulgated pursuant thereto.
``(2) The term `eligible small business concern' is a small
business concern that--
``(A) is either--
``(i) a disadvantaged small business concern; or
``(ii) a small business concern owned and controlled by
women; and
``(B) is eligible for the award of Federal contracts.
``(3) The term `disadvantaged small business concern'
means--
``(A) a small business concern owned and controlled by
socially and economically disadvantaged individuals, as
defined in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C));
``(B) a business entity owned and controlled by an Indian
tribe as defined by section 8(a)(13) of the Small Business
Act (15 U.S.C. 637(a)(13));
``(C) a business entity owned and controlled by a Native
Hawaiian Organization as defined by section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)); or
``(D) a qualified organization employing the severely
disabled.
``(4) The term `small business concern owned and controlled
by women' has the meaning given such term in section
8(d)(3)(D) of the Small Business Act (15 U.S.C.
637(d)(3)(D)).
``(5) The term `historically Black college and university'
means any of the historically Black colleges and universities
referred to in section 2323 of this title.
``(6) The term `minority institution of higher education'
means an institution of higher education with a student body
that reflects the composition specified in paragraphs (3),
(4), and (5) of section 312(b) of the Higher Education Act of
1965 (20 U.S.C. 1058(b)), as in effect on September 30, 1992.
``(7) The term `subcontracting participation goal', with
respect to a Department of Defense contract, means a goal for
the extent of the participation by eligible small business
concerns in the subcontracts awarded under such contract, as
established pursuant to section 2323 of this title and
section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
``(8) The term `qualified organization employing the
severely disabled' means a business entity operated on a for-
profit or nonprofit basis that--
``(A) uses rehabilitative engineering to provide employment
opportunities for severely disabled individuals and
integrates severely disabled individuals into its workforce;
``(B) employs severely disabled individuals at a rate that
averages not less than 20 percent of its total workforce;
``(C) employs each severely disabled individual in its
workforce generally on the basis of 40 hours per week; and
``(D) pays not less than the minimum wage prescribed
pursuant to section 6 of the Fair Labor Standards Act of 1938
(29 U.S.C. 206) to those employees who are severely disabled
individuals.
``(9) The term `severely disabled individual' means an
individual who has a physical or mental disability which
constitutes a substantial handicap to employment and which,
in accordance with criteria prescribed by the Committee for
Purchase From People Who Are Blind or Severely Disabled
established by the first section of the Javits-Wagner-O'Day
Act (41 U.S.C. 46), is of such a nature that the individual
is otherwise prevented from engaging in normal competitive
employment.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2402 the following new item:
``2403. Mentor-Protege Program.''.
(b) Repeal of Superseded Law.--Section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
2302 note) is repealed.
(c) Continuation of Temporary Reporting Requirement.--(1)
Not later than six months after the end of each of fiscal
years 2001 through 2004, the Secretary of Defense shall
submit to Congress an annual report on the Mentor-Protege
Program for that fiscal year.
(2) The annual report for a fiscal year shall include, at a
minimum, the following:
(A) The number of mentor-protege agreements that were
entered into during the fiscal year.
(B) The number of mentor-protege agreements that were in
effect during the fiscal year.
(C) The total amount reimbursed during the fiscal year to
mentor firms pursuant to section 2403(g) of title 10, United
States Code (as added by subsection (a)), or section 831(g)
of the National Defense Authorization Act for fiscal year
1991 (as in effect on the day before the date of the
enactment of this Act).
(D) Each mentor-protege agreement, if any, that was
approved during the fiscal year in accordance with section
2403(e)(2) of title 10, United States Code (as added by
subsection (a)), or section 831(e)(2) of the National Defense
Authorization Act for Fiscal Year 1991 (as in effect on the
day before the date of the enactment of this Act) to provide
a program participation term in excess of three years,
together with the justification for the approval.
(E) Each reimbursement of a mentor firm in excess of the
limitation in subsection (g)(2)(C) of section 2403 of title
10, United States Code (as added by subsection (a)), or
subsection (g)(2)(C) of section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (as in effect on the
day before the date of the enactment of this Act) that was
made during the fiscal year pursuant to an approval granted
in accordance with that subsection, together with the
justification for the approval.
(F) Trends in the progress made in employment, revenues,
and participation in Department of Defense contracts by the
protege firms participating in the program during the fiscal
year and the protege firms that completed or otherwise
terminated participation in the program during the preceding
two fiscal years.
(d) Continuation of Requirement for GAO Study and Report.--
Nothing in this section shall be construed as modifying the
requirements of section 811(d)(3) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 709).
(e) Savings Provisions.--(1) All orders, determinations,
rules, regulations, contracts, privileges, and other
administrative actions that--
(A) have been issued, made, granted, or allowed to become
effective under the pilot Mentor-Protege Program under
section 831 of the National Defense Authorization Act for
Fiscal Year 1991, as in effect on the day before the date of
the enactment of this Act, including any such action taken by
a court of competent jurisdiction, and
(B) are in effect at the end of such day, or were final
before the date of the enactment of this Act and are to
become effective on or after that date,
[[Page H6986]]
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the Secretary of Defense or a court of
competent jurisdiction or by operation of law.
(2) This section and the amendments made by this section
shall not affect any proceedings, including notices of
proposed rulemaking, that are pending before the Department
of Defense as of the date of the enactment of this Act, with
respect to the administration of the pilot Mentor-Protege
Program under section 831 of the National Defense
Authorization Act for Fiscal Year 1991, as in effect on the
day before that date, but such proceedings and applications
shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this section had
not been enacted, and orders issued in any such proceedings
shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a
court of competent jurisdiction, or by operation of law.
Nothing in this section shall be deemed to prohibit the
discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this section had not been enacted.
(3) The amendment made by subsection (a)(1), and the repeal
of section 831 of the National Defense Authorization Act for
Fiscal Year 1991 by subsection (b), shall not be construed as
modifying or otherwise affecting the requirement in section
811(f)(2) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 709).
SEC. 824. HUBZONE SMALL BUSINESS CONCERNS.
Section 3(p) of the Small Business Act (15 U.S.C. 632(p))
is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Rule of construction relating to citizenship.--
``(A) In general.--A small business concern described in
subparagraph (B) meets the United States citizenship
requirement of paragraph (3)(A) if, at the time of
application by the concern to become a qualified HUBZone
small business concern for purposes of any contract and at
such times as the Administrator shall require, no non-citizen
has filed a disclosure under section 13(d)(1) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(d)(1)) as the
beneficial owner of more than 10 percent of the outstanding
shares of that small business concern.
``(B) Concerns described.--A small business concern is
described in this subparagraph if the small business
concern--
``(i) has a class of securities registered under section 12
of the Securities Exchange Act of 1934 (15 U.S.C. 78l); and
``(ii) files reports with the Securities and Exchange
Commission as a small business issuer.''.
``(C) Non-citizens.--In this paragraph, the term `non-
citizen' means
``(i) an individual that is not a United States citizen;
and
``(ii) any other person that is not organized under the
laws of any State or the United States.''.
Subtitle D--Amendments to General Contracting Authorities, Procedures,
and Related Matters
SEC. 831. AMENDMENTS TO CONFORM WITH ADMINISTRATIVE CHANGES
IN ACQUISITION PHASE AND MILESTONE TERMINOLOGY
AND TO MAKE RELATED ADJUSTMENTS IN CERTAIN
REQUIREMENTS APPLICABLE AT MILESTONE TRANSITION
POINTS.
(a) Acquisition Phase Terminology.--The following
provisions of title 10, United States Code, are amended by
striking ``engineering and manufacturing development'' each
place it appears and inserting ``system development and
demonstration'': sections 2366(c) and 2434(a), and
subsections (b)(3)(A)(i), (c)(3)(A), and (h)(1) of section
2432.
(b) Milestone Transition Points.--(1) Section 811(c) of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-211), is amended by striking ``Milestone I
approval, Milestone II approval, or Milestone III approval
(or the equivalent) of a major automated information system''
and inserting ``approval of a major automated information
system at Milestone B or C or for full rate production, or an
equivalent approval,''.
(2) Department of Defense Directive 5000.1, as revised in
accordance with subsection (b) of section 811 of such Act,
shall be further revised as necessary to comply with
subsection (c) of such section, as amended by paragraph (1),
within 60 days after the date of the enactment of this Act.
(c) Adjustments to Requirement for Determination of
Quantity for Low-Rate Initial Production.--Section 2400(a) of
title 10, United States Code, is amended--
(1) by striking ``milestone II'' each place it appears in
paragraphs (1)(A), (2), (4) and (5) and inserting ``milestone
B''; and
(2) in paragraph (2), by striking ``engineering and
manufacturing development'' and inserting ``system
development and demonstration''.
(d) Adjustments to Requirements for Baseline Description
and the Related Limitation.--Section 2435 of title 10, United
States Code, is amended--
(1) in subsection (b), by striking ``engineering and
manufacturing development'' and inserting ``system
development and demonstration''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``demonstration and
validation'' and inserting ``system development and
demonstration'';
(B) in paragraph (2), by striking ``engineering and
manufacturing development'' and inserting ``production and
deployment''; and
(C) in paragraph (3), by striking ``production and
deployment'' and inserting ``full rate production''.
SEC. 832. INAPPLICABILITY OF LIMITATION TO SMALL PURCHASES OF
MINIATURE OR INSTRUMENT BALL OR ROLLER BEARINGS
UNDER CERTAIN CIRCUMSTANCES.
Section 2534(g)(2) of title 10, United States Code, is
amended--
(1) by striking ``contracts'' and inserting ``a contract'';
(2) by striking the period at the end and inserting
``unless the head of the contracting activity determines
that--''; and
(3) by adding at the end the following:
``(A) the amount of the purchase does not exceed $25,000;
``(B) the precision level of the ball or roller bearings to
be procured under the contract is rated lower than the rating
known as Annual Bearing Engineering Committee (ABEC) 5 or
Roller Bearing Engineering Committee (RBEC) 5, or an
equivalent of such rating;
``(C) at least two manufacturers in the national technology
and industrial base that are capable of producing the ball or
roller bearings have not responded to a request for quotation
issued by the contracting activity for that contract; and
``(D) no bearing to be procured under the contract has a
basic outside diameter (exclusive of flange diameters) in
excess of 30 millimeters.''.
SEC. 833. INSENSITIVE MUNITIONS PROGRAM.
(a) Requirement for Program.--Chapter 141 of title 10,
United States Code, is amended by inserting after section
2404 the following new section 2405:
``Sec. 2405. Insensitive munitions program
``(a) Requirement for Program.--The Secretary of Defense
shall carry out a program to ensure, to the extent
practicable, that munitions under development or in
procurement are safe throughout development and fielding when
subjected to unplanned stimuli.
``(b) Content of Program.--The program shall include safety
criteria, safety procedures, and requirements to conform to
those criteria and procedures.
``(c) Reporting Requirement.--At the same time that the
budget for a fiscal year is submitted to Congress under
section 1105(a) of title 31, the Secretary shall submit to
Congress a report on the insensitive munitions program. The
report shall include the following matters:
``(1) The waivers of requirements referred to in subsection
(b) that have been granted under the program during the
fiscal year preceding fiscal year in which the report is
submitted, together with a discussion of the justifications
for the waivers.
``(2) Identification of the funding proposed for the
program in that budget, together with an explanation of the
proposed funding.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2404 the following new item:
``2405. Insensitive munitions program.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Organization and Management
SEC. 901. DEPUTY UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND
READINESS.
(a) Establishment of Position.--(1) Chapter 4 of title 10,
United States Code, is amended by inserting after section 136
the following new section:
``Sec. 136a. Deputy Under Secretary of Defense for Personnel
and Readiness
``(a) There is a Deputy Under Secretary of Defense for
Personnel and Readiness, appointed from civilian life by the
President, by and with the advice and consent of the Senate.
``(b) The Deputy Under Secretary of Defense for Personnel
and Readiness shall assist the Under Secretary of Defense for
Personnel and Readiness in the performance of the duties of
that position. The Deputy Under Secretary of Defense for
Personnel and Readiness shall act for, and exercise the
powers of, the Under Secretary when the Under Secretary is
absent or disabled.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
136 the following new item:
``136a. Deputy Under Secretary of Defense for Personnel and
Readiness.''.
(b) Executive Level IV.--Section 5315 of title 5, United
States Code, is amended by inserting after ``Deputy Under
Secretary of Defense for Policy.'' the following:
``Deputy Under Secretary of Defense for Personnel and
Readiness.''.
[[Page H6987]]
(c) Reduction in Number of Assistant Secretaries of
Defense.--(1) Section 138(a) of title 10, United States Code,
is amended by striking ``nine'' and inserting ``eight''.
(2) Section 5315 of title 5, United States Code, is amended
by striking ``Assistant Secretaries of Defense (9).'' and
inserting the following:
``Assistant Secretaries of Defense (8).''.
SEC. 902. RESPONSIBILITY OF UNDER SECRETARY OF THE AIR FORCE
FOR ACQUISITION OF SPACE LAUNCH VEHICLES AND
SERVICES.
Section 8015(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) The Under Secretary shall be responsible for planning
and contracting for, and for managing, the acquisition of
space launch vehicles and space launch services for the
Department of Defense and the National Reconnaissance
Office.''.
SEC. 903. SENSE OF CONGRESS REGARDING THE SELECTION OF
OFFICERS FOR ASSIGNMENT AS THE COMMANDER IN
CHIEF, UNITED STATES TRANSPORTATION COMMAND.
(a) Findings.--Congress makes the following findings:
(1) The Goldwater-Nichols Department of Defense
Reorganization Act of 1986 envisioned that an officer would
be assigned to serve as the commander of a combatant command
on the basis of being the best qualified officer for the
assignment rather than the best qualified officer of the
armed force that has historically supplied an officer to
serve in that assignment.
(2) In order to provide for greater competition among the
Armed Forces for selection of officers for assignment as the
commanders of the combatant commands and assignment to
certain other joint positions in the grade of general or
admiral, Congress provided temporary relief from the
limitation on the number of officers serving on active duty
in the grade of general or admiral in section 405 of the
National Defense Authorization Act for Fiscal Year 1995 and
thereafter extended that relief until September 30, 2003, but
has also required that the Secretary of Defense be furnished
the name of at least one officer from each of the Armed
Forces for consideration for appointment to each such
position.
(3) Most of the positions of commanders of the combatant
commands have been filled successively by officers of more
than one of the Armed Forces since the enactment of the
Goldwater-Nichols Department of Defense Reorganization Act of
1986.
(4) However, general officers of the Air Force with only
limited experience in the transportation services have
usually filled the position of Commander in Chief of the
United States Transportation Command.
(5) The United States Transportation Command and its
component commands could benefit from the appointment of an
officer selected from the two armed forces that are the
primary users of their transportation resources, namely the
Army and the Marine Corps.
(b) Sense of Congress.-- In light of the findings set forth
in subsection (a), it is the sense of Congress that the
Secretary of Defense should, when considering officers for
recommendation to the President for appointment as the
Commander in Chief, United States Transportation Command,
give careful consideration to recommending an officer of the
Army or the Marine Corps.
SEC. 904. ORGANIZATIONAL REALIGNMENT FOR NAVY DIRECTOR FOR
EXPEDITIONARY WARFARE.
Section 5038(a) of title 10, United States Code, is amended
by striking ``Office of the Deputy Chief of Naval Operations
for Resources, Warfare Requirements, and Assessments'' and
inserting ``Office of the Deputy Chief of Naval Operations
for Warfare Requirements and Programs''.
SEC. 905. REVISED REQUIREMENTS FOR CONTENT OF ANNUAL REPORT
ON JOINT WARFIGHTING EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is
amended--
(1) by inserting before the period at the end of paragraph
(1) the following: ``, together with a specific assessment of
whether there is a need for a major force program for funding
joint warfighting experimentation and for funding the
development and acquisition of any technology the value of
which has been empirically demonstrated through such
experimentation''; and
(2) in paragraph (4)(E)--
(A) by inserting ``(by lease or by purchase)'' after
``acquire''; and
(B) by inserting ``(including any prototype)'' after ``or
equipment''.
SEC. 906. SUSPENSION OF REORGANIZATION OF ENGINEERING AND
TECHNICAL AUTHORITY POLICY WITHIN THE NAVAL SEA
SYSTEMS COMMAND.
(a) Suspension.--During the period specified in subsection
(b), the Secretary of the Navy may not commence or continue
any change in engineering or technical authority policy for
the Naval Sea Systems Command or its subsidiary activities.
(b) Duration.--Subsection (a) applies during the period
beginning on the date of enactment of this Act and ending 60
days after the date on which the Secretary submits to the
congressional defense committees a report that sets forth in
detail the Navy's plans and justification for the
reorganization of engineering and technical authority policy
within the Naval Sea Systems Command.
SEC. 907. CONFORMING AMENDMENTS RELATING TO CHANGE OF NAME OF
AIR MOBILITY COMMAND.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended--
(1) by striking ``Military Airlift Command'' in sections
2554(d) and 2555(a) and inserting ``Air Mobility Command'';
and
(2) in section 8074, by striking subsection (c).
(b) Title 37, United States Code.--Sections 430(c) and
432(b) of title 37, United States Code, are amended by
striking ``Military Airlift Command'' and inserting ``Air
Mobility Command''.
Subtitle B--Organization and Management of Space Activities
SEC. 911. ESTABLISHMENT OF POSITION OF UNDER SECRETARY OF
DEFENSE FOR SPACE, INTELLIGENCE, AND
INFORMATION.
(a) Authority of Secretary of Defense To Establish
Position.--Upon the direction of the President, the Secretary
of Defense may, subject to subsection (b), establish in the
Office of the Secretary of Defense the position of Under
Secretary of Defense for Space, Intelligence, and
Information. If the position is so established, the Under
Secretary of Defense for Space, Intelligence, and Information
shall perform duties and exercise powers as set forth under
section 137 of title 10, United States Code, as amended by
subsection (d).
(b) Deadline for Exercise of Authority.--The Secretary may
not exercise the authority in subsection (a) after December
31, 2003.
(c) Notice of Exercise of Authority.--If the authority in
subsection (a) is exercised, the Secretary shall immediately
notify Congress of the establishment of the position of Under
Secretary of Defense for Space, Intelligence, and
Information, together with the date on which the position is
established.
(d) Nature of Position.--
(1) In general.--Effective as of the date provided for in
paragraph (7), chapter 4 of title 10, United States Code, is
amended--
(A) by redesignating section 137 as section 139a and by
transferring such section (as so redesignated) within such
chapter so as to appear after section 139; and
(B) by inserting after section 136 the following new
section 137:
``Sec. 137. Under Secretary of Defense for Space,
Intelligence, and Information
``(a) There is an Under Secretary of Defense for Space,
Intelligence, and Information, 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
Space, Intelligence, and Information shall perform such
duties and exercise such powers relating to the space,
intelligence, and information programs and activities of the
Department of Defense as the Secretary of Defense may
prescribe. The duties and powers prescribed for the Under
Secretary shall include the following:
``(1) In coordination with the Under Secretary of Defense
for Policy, the establishment of policy on space.
``(2) In coordination with the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the acquisition
of space systems.
``(3) The deployment and use of space assets.
``(4) The oversight of research, development, acquisition,
launch, and operation of space, intelligence, and information
assets.
``(5) The coordination of military intelligence activities
within the Department.
``(6) The coordination of intelligence activities of the
Department and the intelligence community in order to meet
the long-term intelligence requirements of the United States.
``(7) The coordination of space activities of the
Department with commercial and civilian space activities.
``(c) The Secretary of Defense shall designate the Under
Secretary of Defense for Space, Intelligence, and Information
as the Chief Information Officer of the Department of Defense
under section 3506(a)(2)(B) of title 44.
``(d) The Under Secretary of Defense for Space,
Intelligence, and Information takes precedence in the
Department of Defense after the Under Secretary of Defense
for Personnel and Readiness.''.
(2) Additional assistant secretary of defense.--Section
138(a) of that title is amended by striking ``nine Assistant
Secretaries of Defense'' and inserting ``ten Assistant
Secretaries of Defense''.
(3) Duties of assistant secretaries of defense for space,
intelligence, and information.--Section 138(b) of that title
is amended by adding at the end the following new paragraph:
``(7) Two of the Assistant Secretaries shall have as their
principal duties supervision of activities relating to space,
intelligence, and information. The Assistant Secretaries
shall each report to the Under Secretary of Defense for
Space, Intelligence, and Information in the performance of
such duties.''.
(4) Conforming amendments.--Section 131(b) of that title is
amended--
(A) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Under Secretary of Defense for Space,
Intelligence, and Information.''.
[[Page H6988]]
(5) Pay levels.--(A) 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 Space, Intelligence, and
Information.''.
(B) Section 5315 of title 5, United States Code, is amended
in the item relating to Assistant Secretaries of Defense by
striking ``(9)'' and inserting ``(10)''.
(6) Clerical amendments.--The table of sections at the
beginning of chapter 4 of title 10, United States Code, is
amended--
(A) by striking the item relating to section 137 and
inserting the following new item:
``137. Under Secretary of Defense for Space, Intelligence, and
Information.''; and
(B) by inserting after the item relating to section 139 the
following new item:
``139a. Director of Defense Research and Engineering.''.
(7) Effective date.--The amendments made by this subsection
shall take effect as of the date specified in the
notification provided by the Secretary of Defense to Congress
under subsection (c) of the exercise of the authority in
subsection (a).
(e) Report.--(1) Not later than 30 days before an exercise
of the authority provided in subsection (a), the President
shall submit to Congress a report on the proposed
organization of the office of the Under Secretary of Defense
for Space, Intelligence, and Information.
(2) If the Secretary of Defense has not exercised the
authority granted in subsection (a) on the date that is one
year after the date of the enactment of this Act, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives on that date a
report describing the actions taken by the Secretary to
address the problems in the management and organization of
the Department of Defense for space activities that are
identified by the Commission To Assess United States National
Security Space Management and Organization in the report of
the Commission submitted under section 1623 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 815).
SEC. 912. RESPONSIBILITY FOR SPACE PROGRAMS.
(a) In General.--Part IV of subtitle A of title 10, United
States Code, is amended by inserting after chapter 134 the
following new chapter:
``CHAPTER 135--SPACE PROGRAMS
``Sec.
``2271. Responsibility for space programs.
``Sec. 2271. Responsibility for space programs
``(a) Responsibility of Secretary of Air Force as Executive
Agent.--The Secretary of the Air Force shall be the executive
agent of the Department of Defense for functions of the
Department designated by the Secretary of Defense with
respect to the following:
``(1) Planning for the acquisition programs, projects, and
activities of the Department that relate to space.
``(2) Efficient execution of the programs, projects, and
activities.
``(b) Responsibility of Under Secretary of Air Force as
Acquisition Executive.--The Under Secretary of the Air Force
shall be the acquisition executive of the Department of the
Air Force for the programs, projects, and activities referred
to in subsection (a).
``(c) Responsibility of Under Secretary of Air Force as
Director of NRO.--The Under Secretary of the Air Force shall
act as the Director of the National Reconnaissance Office.
``(d) Coordination of Duties of Under Secretary of Air
Force.--In carrying out duties under subsections (b) and (c),
the Under Secretary of the Air Force shall coordinate the
space programs, projects, and activities of the Department of
Defense and the programs, projects, and activities of the
National Reconnaissance Office.
``(e) Space Career Field.--(1) The Under Secretary of the
Air Force shall establish and implement policies and
procedures to develop a cadre of technically competent
officers with the capability to develop space doctrine,
concepts of space operations, and space systems for the
Department of the Air Force.
``(2) The Secretary of the Air Force shall assign to the
commander of Air Force Space Command primary responsibility
for--
``(A) establishing and implementing education and training
programs for space programs, projects, and activities of the
Department of the Air Force; and
``(B) management of the space career field under paragraph
(1).
``(f) Joint Program Management.--The Under Secretary of the
Air Force shall take appropriate actions to ensure that, to
maximum extent practicable, Army, Navy, Marine Corps, and Air
Force personnel are assigned, on a joint duty assignment
basis, as follows:
``(1) To carry out the space development and acquisition
programs of the Department of Defense; and
``(2) To the Office of the National Security Space
Architect.''.
(b) Clerical Amendment.--The tables of chapters at the
beginning of such subtitle and at the beginning of part IV of
such subtitle are amended by inserting after the item
relating to chapter 134 the following new item:
``135. Space Programs.......................................2271''.....
SEC. 913. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS.
(a) Requirement.--The Secretary of Defense shall create a
major force program category for space programs for purposes
of the future-years defense program under section 221 of
title 10, United States Code.
(b) Commencement.--The category created under subsection
(a) shall be included in each future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, in fiscal years after fiscal year 2002.
SEC. 914. ASSESSMENT OF IMPLEMENTATION OF RECOMMENDATIONS OF
COMMISSION TO ASSESS UNITED STATES NATIONAL
SECURITY SPACE MANAGEMENT AND ORGANIZATION.
(a) Comptroller General Assessment.--The Comptroller
General shall carry out an assessment of the progress made by
the Department of Defense in implementing the recommendations
of the Commission To Assess United States National Security
Space Management and Organization as contained in the report
of the Commission submitted under section 1623 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 815).
(b) Reports.--Not later than February 15 of each of 2002
and 2003, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the assessment carried out under
subsection (a). Each report shall set forth the results of
the assessment as of the date of such report.
SEC. 915. GRADE OF COMMANDER OF AIR FORCE SPACE COMMAND.
(a) In General.--Chapter 845 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8584. Commander of Air Force Space Command
``(a) Grade.--The officer serving as commander of the Air
Force Space Command shall, while so serving, have the grade
of general.
``(b) Limitation on Concurrent Command Assignments.--The
officer serving as commander of the Air Force Space Command
may not, while so serving, serve as commander-in-chief of the
United States Space Command (or any successor combatant
command with responsibility for space) or as commander of the
United States element of the North American Air Defense
Command.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8584. Commander of Air Force Space Command.''.
SEC. 916. SENSE OF CONGRESS REGARDING GRADE OF OFFICER
ASSIGNED AS COMMANDER OF UNITED STATES SPACE
COMMAND.
It is the sense of Congress that the Secretary of Defense
should assign the best qualified officer of the Army, Marine
Corps, or Air Force with the grade of general, or of the
Navy with the grade of admiral, to the position of
Commander of the United States Space Command.
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 2002
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. REDUCTION IN AUTHORIZATIONS OF APPROPRIATIONS FOR
DEPARTMENT OF DEFENSE FOR MANAGEMENT
EFFICIENCIES.
Notwithstanding any other provision of this Act, the total
amount authorized to be appropriated for the Department of
Defense by divisions A and B of this Act is hereby reduced by
$1,630,000,000, to reflect savings to be achieved through
implementation of the provisions of title VIII and other
management efficiencies and business process reforms.
SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2001.
Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2001 in the Floyd D. Spence National
Defense
[[Page H6989]]
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398) are hereby adjusted, with respect to
any such authorized amount, by the amount by which
appropriations pursuant to such authorization were increased
(by a supplemental appropriation) or decreased (by a
rescission), or both, in title I of the Supplemental
Appropriations Act, 2001 (Public Law 107-20).
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2002.
(a) Fiscal Year 2002 Limitation.--The total amount
contributed by the Secretary of Defense in fiscal year 2002
for the common-funded budgets of NATO may be any amount up
to, but not in excess of, the amount specified in subsection
(b) (rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998
baseline limitation).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2001, of funds appropriated for fiscal years
before fiscal year 2002 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
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), $708,000 for
the Civil Budget.
(2) Of the amount provided in section 301(1), $175,849,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the
North Atlantic Treaty Organization (and any successor or
additional account or program of NATO).
(2) Fiscal year 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. 1005. CLARIFICATION OF APPLICABILITY OF INTEREST
PENALTIES FOR LATE PAYMENT OF INTERIM PAYMENTS
DUE UNDER CONTRACTS FOR SERVICES.
Section 1010(d) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-251) is amended by
inserting before the period at the end of the first sentence
the following: ``, and shall apply with respect to interim
payments that are due on or after such date under contracts
entered into before, on, or after that date''.
SEC. 1006. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL
STATEMENTS.
(a) Annual Report on Reliability.--(1) Not later than July
1 of each year, the Secretary of Defense shall submit to the
recipients referred to in paragraph (3) a report on the
reliability of the Department of Defense financial
statements, including the financial statements of each
component of the department that is required to prepare a
financial statement under section 3515(c) of title 31, United
States Code.
(2) The annual report shall contain the following:
(A) A conclusion regarding whether the policies and
procedures of the Department of Defense, and the systems used
within the Department of Defense, for the preparation of
financial statements allow the achievement of reliability in
the financial statements.
(B) For each of the financial statements prepared for the
Department of Defense for the fiscal year in which the report
is submitted, a conclusion regarding the expected reliability
of the financial statement (evaluated on the basis of Office
of Management and Budget guidance on financial statements),
together with a discussion of the major deficiencies to be
expected in the statement.
(C) A summary of the specific sections of the annual
Financial Management Improvement Plan of the Department of
Defense, current as of the date of the report, that--
(i) detail the priorities, milestones, and measures of
success that apply to the preparation of the financial
statements;
(ii) detail the planned improvements in the process for the
preparation of financial statements that are to be
implemented within 12 months after the date on which the plan
is issued; and
(iii) provide an estimate of when each financial statement
will convey reliable information.
(3) The annual report shall be submitted to the following:
(A) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
(B) The Committee on Armed Services and the Committee on
Government Reform of the House of Representatives.
(C) The Director of the Office of Management and Budget.
(D) The Secretary of the Treasury.
(E) The Comptroller General of the United States.
(4) The Secretary of Defense shall make a copy of the
annual report available to the Inspector General of the
Department of Defense.
(b) Minimization of Use of Resources for Unreliable
Financial Statements.--(1) With respect to each financial
statement for a fiscal year that the Secretary of Defense
assesses as being expected to be unreliable in the annual
report under subsection (a), the Under Secretary of Defense
(Comptroller) or the Assistant Secretary (Financial
Management and Comptroller) of the military department
concerned shall take appropriate actions to minimize the
resources, including contractor support, that are used to
develop, compile, and report the financial statement.
(2)(A) With the annual budget justifications for the
Department of Defense submitted to Congress each year, the
Under Secretary of Defense (Comptroller) shall submit, with
respect to the fiscal year in which submitted, the preceding
fiscal year, and the following fiscal year, the following
information:
(i) An estimate of the resources that the Department of
Defense is saving or expects to save as a result of actions
taken and to be taken under paragraph (1) with respect to the
preparation of financial statements.
(ii) A discussion of how the resources saved as estimated
under clause (i) have been redirected or are to be redirected
from the preparation of financial statements to the
improvement of systems underlying financial management within
the Department of Defense and to the improvement of financial
management policies, procedures, and internal controls within
the Department of Defense.
(B) The Assistant Secretaries (Financial Management and
Comptroller) of the Army, Navy, and Air Force shall provide
the Under Secretary of Defense (Comptroller) with the
information necessary for making the estimate required by
subparagraph (A)(i).
(c) Information to Auditors.--Not later than October 31 of
each year, the Under Secretary of Defense (Comptroller) and
the Assistant Secretaries (Financial Management and
Comptroller) of the Army, Navy, and Air Force shall each
provide to the auditors of the financial statement of that
official's department for the fiscal year ending during the
preceding month the official's preliminary management
representation, in writing, regarding the expected
reliability of the financial statement. The representation
shall be consistent with guidance issued by the Director of
the Office of Management and Budget and shall include the
basis for the reliability assessment stated in the
representation.
(d) Limitation on Inspector General Audits.--(1) On each
financial statement that an official asserts is unreliable
under subsection (b) or (c), the Inspector General of the
Department of Defense shall only perform the audit procedures
required by generally accepted government auditing standards
consistent with any representation made by management.
(2)(A) With the annual budget justifications for the
Department of Defense submitted to Congress each year, the
Under Secretary of Defense (Comptroller) shall submit, with
respect to the fiscal year in which submitted, the preceding
fiscal year, and the following fiscal year, information which
the Inspector General shall report to the Under Secretary, as
follows:
(i) An estimate of the resources that the Inspector General
is saving or expects to save as a result of actions taken and
to be taken under paragraph (1) with respect to the auditing
of financial statements.
(ii) A discussion of how the resources saved as estimated
under clause (i) have been redirected or are to be redirected
from the auditing of financial statements to the oversight
and improvement of systems underlying financial management
within the Department of Defense and to the oversight and
improvement of financial management policies, procedures, and
internal controls within the Department of Defense.
(e) Period of Applicability.--(1) Except as provided in
paragraph (2), the requirements of this section shall apply
with respect to financial statements for fiscal years after
fiscal year 2000 and before fiscal year 2006 and to the
auditing of those financial statements.
(2) If the Secretary of Defense certifies to the Inspector
General of the Department of Defense that the financial
statement for the Department of Defense, or a financial
statement for a component of the Department of Defense, for a
fiscal year is reliable, this section shall not apply with
respect to that financial statement or to any successive
financial statement for the department or that component, as
the case may be, for any later fiscal year.
SEC. 1007. FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE
COMMITTEE AND FINANCIAL FEEDER SYSTEMS
COMPLIANCE PROCESS.
(a) Establishment of Financial Management Modernization
Executive Committee.--(1) The Secretary of Defense shall
establish a Financial Management Modernization Executive
Committee.
(2) The Committee shall be composed of the Under Secretary
of Defense (Comptroller), the Under Secretary of Defense
(Acquisition, Technology, and Logistics), the
[[Page H6990]]
Under Secretary of Defense (Personnel and Readiness), the
chief information officer of the Department of Defense, and
other key managers of the Department of Defense (including
key managers in Defense Agencies and military departments)
who are designated by the Secretary.
(3) The Under Secretary of Defense (Comptroller) shall be
the Chairman of the Committee.
(4) The Committee shall be accountable to the Senior
Executive Council composed of the Secretary of Defense, the
Deputy Secretary of Defense, the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the Secretary of
the Army, the Secretary of the Navy, and the Secretary of the
Air Force.
(b) Duties.--The Financial Management Modernization
Executive Committee shall have the following duties:
(1) To establish a financial and feeder systems compliance
process that ensures that each critical accounting, financial
management, and feeder system of the Department of Defense is
compliant with applicable Federal financial management and
reporting requirements.
(2) To develop a management plan for the implementation of
the financial and feeder systems compliance process.
(3) To supervise and monitor the actions that are necessary
to implement the management plan, as approved by the
Secretary of Defense.
(4) To ensure that a Department of Defense financial
management enterprise architecture is development and
maintained in accordance with--
(A) the overall business process transformation strategy of
the Department; and
(B) the Command, Control, Communications, Computers,
Intelligence, Surveillance, and Reconnaissance Architecture
Framework of the Department.
(5) To ensure that investments in existing or proposed
financial management systems for the Department comply with
the overall business practice transformation strategy of the
Department and the financial management enterprise
architecture developed under paragraph (4).
(6) To provide an annual accounting of all financial and
feeder system investment technology projects to ensure that
such projects are being implemented at acceptable cost and
within a reasonable schedule, and are contributing to
tangible, observable improvements in mission performance.
(c) Management Plan for Implementation of Financial Feeder
Systems Compliance Process.--The management plan developed
under subsection (b)(2) shall include among its principal
elements at least the following elements:
(1) A requirement to establish and maintain a complete
inventory of all budgetary, accounting, finance, and feeder
systems that support the transformed business processes of
the Department and produce financial statements.
(2) A phased process for improving systems that provides
for mapping financial data flow from sources to cognizant
Department business functions (as part of the overall
business process transformation strategy of the Department)
and financial statements before other actions are initiated.
(3) Periodic submittal to the Secretary of Defense, the
Deputy Secretary of Defense, the Senior Executive Council, or
any combination thereof, of reports on the progress being
made in achieving financial management transformation goals
and milestone included in the annual financial management
improvement plan in 2002 in accordance with subsection (e).
(4) Documentation of the completion of each phase--
Awareness, Evaluation, Renovation, Validation, and
Compliance--of improvements made to each accounting, finance,
and feeder system.
(5) Independent audit by the Inspector General of the
Department, the audit agencies of the military department,
private sector firms contracted to conduct validation audits,
or any combination thereof, at the validation phase for each
accounting, finance, and feeder system.
(d) Annual Financial Management Improvement Plan.--(1)
Subsection (a) of section 2222 of title 10, United States
Code, is amended to read as follows:
``(a) Annual Plan Required.--The Secretary of Defense shall
submit to Congress an annual strategic plan for the
improvement of financial management within the Department of
Defense. The plan shall be submitted not later than September
30 each year.''.
(2)(A) The section heading of such section is amended to
read as follows:
``Sec. 2222. Annual financial management improvement plan''.
(B) The table of sections at the beginning of chapter 131
of such title is amended by striking the item relating to
section 2222 and inserting the following new item:
``2222. Annual financial management improvement plan.''.
(e) Additional Elements for Financial Management
Improvement Plan in 2002.--In the annual financial management
improvement plan submitted under section 2222 of title 10,
United States Code (as amended by subsection (d)), in 2002,
the Secretary shall include the following:
(1) Measurable annual performance goals for improvement of
the financial management of the Department.
(2) Performance milestones for initiatives under the plan
for transforming the financial management operations of the
Department and for implementing a financial management
architecture for the Department.
(3) An assessment of the anticipated annual cost of any
plans for transforming the financial management operations of
the Department and for implementing a financial management
architecture for the Department.
(4) A discussion of the following:
(A) The roles and responsibilities of appropriate
Department officials to ensure the supervision and monitoring
of the compliance of each accounting, finance, and feeder
system of the Department with the business practice
transformation strategy of the Department, the financial
management architecture of the Department, and applicable
Federal financial management systems and reporting
requirements.
(B) A summary of the actions taken by the Financial
Management Modernization Executive Committee to ensure that
such systems comply with the business practice transformation
strategy of the Department, the financial management
architecture of the Department, and applicable Federal
financial management systems and reporting requirements.
(f) Additional Elements for Financial Management
Improvement Plan After 2002.--In each annual financial
management improvement plan submitted under section 2222 of
title 10, United States Code (as amended by subsection (d)),
after 2002, the Secretary shall include the following:
(1) A description of the actions to be taken in the fiscal
year beginning in the year in which the plan is submitted to
implement the goals and milestones included in the financial
management improvement plan in 2002 under paragraphs (1) and
(2) of subsection (e).
(2) An estimate of the amount expended in the fiscal year
ending in the year in which the plan is submitted to
implement the financial management improvement plan in such
preceding calendar year, set forth by system.
(3) If an element of the financial management improvement
plan submitted in the fiscal year ending in the year in which
the plan is submitted was not implemented, a justification
for the lack of implementation of such element.
SEC. 1008. COMBATING TERRORISM READINESS INITIATIVES FUND FOR
COMBATANT COMMANDS.
(a) Funding for Initiatives.--Chapter 6 of title 10, United
States Code, is amended by inserting after section 166a the
following new section:
``Sec. 166b. Combatant commands: funding for combating
terrorism readiness initiatives
``(a) Combating Terrorism Readiness Initiatives Fund.--From
funds made available in any fiscal year for the budget
account in the Department of Defense known as the `Combating
Terrorism Readiness Initiatives Fund', the Chairman of the
Joint Chiefs of Staff may provide funds to the commander of a
combatant command, upon the request of the commander, or,
with respect to a geographic area or areas not within the
area of responsibility of a commander of a combatant command,
to an officer designated by the Chairman of the Joint Chiefs
of Staff for such purpose. The Chairman may provide such
funds for initiating any activity named in subsection (b) and
for maintaining and sustaining the activity for the fiscal
year in which initiated and one additional fiscal year.
``(b) Authorized Activities.--Activities for which funds
may be provided under subsection (a) are the following:
``(1) Procurement and maintenance of physical security
equipment.
``(2) Improvement of physical security sites.
``(3) Under extraordinary circumstances--
``(A) physical security management planning;
``(B) procurement and support of security forces and
security technicians;
``(C) security reviews and investigations and vulnerability
assessments; and
``(D) any other activity relating to physical security.
``(c) Priority.--The Chairman of the Joint Chiefs of Staff,
in considering requests for funds in the Combating Terrorism
Readiness Initiatives Fund, should give priority
consideration to emergency or emergent unforeseen high-
priority requirements for combating terrorism.
``(d) Relationship to Other Funding.--Any amount provided
by the Chairman of the Joint Chiefs of Staff for a fiscal
year out of the Combating Terrorism Readiness Initiatives
Fund for an activity referred to in subsection (b) shall be
in addition to amounts otherwise available for that activity
for that fiscal year.
``(e) Limitation.--Funds may not be provided under this
section for any activity that has been denied authorization
by Congress.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 166a the following new item:
``166b. Combatant commands: funding for combating terrorism readiness
initiatives.''.
SEC. 1009. AUTHORIZATION OF ADDITIONAL FUNDS.
(a) Authorization.--$1,300,000,000 is hereby authorized, in
addition to the funds authorized elsewhere in division A of
this Act, for whichever of the following purposes the
[[Page H6991]]
President determines to be in the national security interests
of the United States--
(1) research, development, test and evaluation for
ballistic missile defense; and
(2) activities for combating terrorism.
SEC. 1010. AUTHORIZATION OF 2001 EMERGENCY SUPPLEMENTAL
APPROPRIATIONS ACT FOR RECOVERY FROM AND
RESPONSE TO TERRORIST ATTACKS ON THE UNITED
STATES.
(a) Authorization.--Amounts authorized to be appropriated
to the Department of Defense for fiscal year 2001 in the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398) are
hereby adjusted by the amounts of appropriations made
available to the Department of Defense pursuant to the 2001
Emergency Supplemental Appropriations Act for Recovery from
and Response to Terrorist Attacks on the United States.
(b) Quarterly Report.--(1) Promptly after the end of each
quarter of a fiscal year, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the use of funds
made available to the Department of Defense pursuant to the
2001 Emergency Supplemental Appropriations Act for Recovery
from and Response to Terrorist Attacks on the United States.
(2) The first report under paragraph (1) shall be submitted
not later than January 2, 2002.
(c) Proposed Allocation and Plan.--The Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives, not later than 15
days after the date on which the Director of the Office of
Management and Budget submits to the Committees on
Appropriations of the Senate and House of Representatives the
proposed allocation and plan required by the 2001 Emergency
Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States, a
proposed allocation and plan for the use of the funds made
available to the Department of Defense pursuant to that Act.
Subtitle B--Strategic Forces
SEC. 1011. REPEAL OF LIMITATION ON RETIREMENT OR
DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.
Section 1302 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948) is
repealed.
SEC. 1012. BOMBER FORCE STRUCTURE.
(a) Limitation.--None of the funds available to the
Department of Defense for fiscal year 2002 may be obligated
or expended for retiring or dismantling any of the 93 B-1B
Lancer bombers in service as of June 1, 2001, or for
transferring or reassigning any of those aircraft from the
unit or facility to which assigned as of that date, until 30
days after the latest of the following:
(1) The date on which the President transmits to Congress
the national security strategy report required in 2001
pursuant to section 108(a)(1) of the National Security Act of
1947 (50 U.S.C. 404a(a)(1)).
(2) The date on which the Secretary of Defense submits to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
the Quadrennial Defense Review (QDR) under section 118 of
title 10, United States Code, that is required to be
submitted under that section not later than September 30,
2001.
(3) The date on which the Secretary of Defense submits to
the committees referred to in paragraph (2) a report that
sets forth--
(A) the changes in national security considerations from
those applicable to the air force bomber studies conducted
during 1992, 1995, and 1999 that warrant changes in the
current configuration of the bomber fleet;
(B) the role of manned bomber aircraft appropriate to meet
the requirements of the national security strategy referred
to in paragraph (1);
(C) the amount and type of bomber force structure in the
United States Air Force appropriate to meet the requirements
of the national security strategy referred to in paragraph
(1);
(D) the results of a comparative analysis of the cost of
basing, maintaining, operating, and upgrading the B-1B Lancer
bomber fleet in the active force of the Air Force with the
cost of basing, maintaining, operating, and upgrading the B-
1B Lancer bomber fleet in a mix of active and reserve
component forces of the Air Force; and
(E) the plans of the Department of Defense for assigning
new missions to the National Guard units that currently fly
B-1 aircraft and for the transition of those units and their
facilities from the current B-1 mission to such new missions.
(4) The date on which the Secretary of Defense submits to
Congress the report on the results of the Revised Nuclear
Posture Review conducted under section 1042 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-262), as amended by section 1013 of this Act.
(b) GAO Study and Report.--The Comptroller General of the
United States shall conduct a study on the matters specified
in subsection (a)(3). The Comptroller General shall submit to
Congress a report containing the results of the study not
later than January 31, 2002.
(c) Amount and Type of Bomber Force Structure Defined.--In
this section, the term ``amount and type of bomber force
structure'' means the required numbers of B-2 aircraft, B-52
aircraft, and B-1 aircraft consistent with the requirements
of the national security strategy referred to in subsection
(a)(1).
SEC. 1013. ADDITIONAL ELEMENT FOR REVISED NUCLEAR POSTURE
REVIEW.
Section 1041(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398; 114 Stat. 1654A-262) is amended by adding at the
end the following new paragraph:
``(7) The possibility of deactivating or dealerting nuclear
warheads or delivery systems immediately, or immediately
after a decision to retire any specific warhead, class of
warheads, or delivery system or systems.''.
Subtitle C--Reporting Requirements
SEC. 1021. INFORMATION AND RECOMMENDATIONS ON CONGRESSIONAL
REPORTING REQUIREMENTS APPLICABLE TO THE
DEPARTMENT OF DEFENSE.
(a) Compilation of Reporting Requirements.--The Secretary
of Defense shall compile a list of all provisions of law in
effect on the date of the enactment of this Act that require
or request the President, with respect to the national
defense functions of the Federal Government, or any officer
or employee of the Department of Defense, to submit a report,
notification, or study to Congress or any committee of
Congress. The preceding sentence does not apply to a
provision of law that requires or requests only one report,
notification, or study.
(b) Submittal of Compilation.--(1) The Secretary shall
submit the list compiled under subsection (a) to Congress not
later than 60 days after the date of the enactment of this
Act.
(2) In submitting the list, the Secretary shall specify for
each provision of law compiled in the list--
(A) the date of the enactment of such provision of law and
a current citation in law for such provision of law; and
(B) the Secretary's assessment of the continuing utility of
any report, notification, or study arising under such
provision of law, both for the executive branch and for
Congress.
(3) The Secretary may also include with the list any
recommendations that the Secretary considers appropriate for
the consolidation of reports, notifications, and studies
under the provisions of law described in subsection (a),
together with a proposal for legislation to implement such
recommendations.
SEC. 1022. REPORT ON COMBATING TERRORISM.
(a) Requirement for Report.--The Secretary of Defense shall
submit to Congress a report on the Department of Defense
policies, plans, and procedures for combating terrorism.
(b) Content.--(1) The Secretary shall identify and explain
in the report the Department of Defense structure, strategy,
roles, relationships, and responsibilities for combating
terrorism.
(2) The report shall also include a discussion of the
following matters:
(A) The policies, plans, and procedures relating to how the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict and the Joint Task Force-Civil Support of
the Joint Forces Command are to perform, and coordinate the
performance of, their functions for combating terrorism
with--
(i) the various teams in the Department of Defense that
have responsibilities to respond to acts or threats of
terrorism, including--
(I) the weapons of mass destruction civil support teams
when operating as the National Guard under the command of the
Governor of a State, the Governor of Puerto Rico, or the
Commanding General of the District of Columbia National
Guard, as the case may be; and
(II) the weapons of mass destruction civil support teams
when operating as the Army National Guard of the United
States or the Air National Guard of the United States under
the command of the President;
(ii) the Army's Director of Military Support;
(iii) the various teams in other departments and agencies
of the Federal Government that have responsibilities to
respond to acts or threats of terrorism;
(iv) the organizations outside the Federal Government,
including any private sector entities, that are to function
as first responders to acts or threats of terrorism; and
(v) the units and organizations of the reserve components
of the Armed Forces that have missions relating to combating
terrorism.
(B) Any preparedness plans to combat terrorism that are
developed for installations of the Department of Defense by
the commanders of the installations and the integration of
those plans with the plans of the teams and other
organizations described in subparagraph (A).
(C) The policies, plans, and procedures for using and
coordinating the Joint Staff's integrated vulnerability
assessment teams inside the United States and outside the
United States.
(D) The missions of Fort Leonard Wood and other
installations for training units, weapons of mass destruction
civil support teams and other teams, and individuals in
combating terrorism.
(3) The report shall also include the Secretary's views on
the appropriate number and missions of the Department of
Defense teams referred to in paragraph (2)(A)(i).
[[Page H6992]]
(c) Time for Submittal.--The Secretary shall submit the
report under this section not later than 180 days after the
date of the enactment of this Act.
SEC. 1023. REVISED REQUIREMENT FOR CHAIRMAN OF THE JOINT
CHIEFS OF STAFF TO ADVISE SECRETARY OF DEFENSE
ON THE ASSIGNMENT OF ROLES AND MISSIONS TO THE
ARMED FORCES.
(a) Assessment During Defense Quadrennial Review.--
Subsection 118(e) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(e) CJCS Review.--''; and
(2) by adding at the end the following new paragraph:
``(2) The Chairman shall include in the assessment
submitted under paragraph (1), the Chairman's assessment of
the assignment of functions (or roles and missions) to the
armed forces together with any recommendations for changes in
assignment that the Chairman considers necessary to achieve
the maximum efficiency of the armed forces. In making the
assessment, the Chairman should consider (among other
matters) the following:
``(A) Unnecessary duplication of effort among the armed
forces.
``(B) Changes in technology that can be applied effectively
to warfare.''.
(b) Repeal of Requirement for Triennial Report on
Assignment of Roles and Missions.--Section 153 of such title
is amended by striking subsection (b).
(c) Conforming Amendment.--Subsection (a) of such section
153 is amended by striking ``(a) Planning; Advice; Policy
Formulation.--''.
SEC. 1024. REVISION OF DEADLINE FOR ANNUAL REPORT ON
COMMERCIAL AND INDUSTRIAL ACTIVITIES.
Section 2461(g) of title 10, United States Code, is amended
by striking ``February 1'' and inserting ``June 30''.
SEC. 1025. PRODUCTION AND ACQUISITION OF VACCINES FOR DEFENSE
AGAINST BIOLOGICAL WARFARE AGENTS.
(a) Government Facility.--(1) Subject to the availability
of funds appropriated and authorized to be appropriated for
such purposes, the Secretary of Defense may--
(A) design, construct, and operate on an installation of
the Department of Defense a facility for the production of
vaccines described in subsection (b)(1);
(B) qualify and validate the facility for the production of
vaccines in accordance with the requirements of the Food and
Drug Administration; and
(C) contract with a private sector source for the
production of vaccines in that facility.
(2) The Secretary shall use competitive procedures under
chapter 137 of title 10, United States Code, to enter into
contracts to carry out subparagraphs (A) and (C) of paragraph
(1).
(b) Plan.--(1) The Secretary of Defense shall develop a
long-range plan to provide for the production and acquisition
of vaccines to meet the requirements of the Department of
Defense to prevent or mitigate the physiological effects of
exposure to biological warfare agents.
(2) The plan shall include the following:
(A) An evaluation of the need for one or more vaccine
production facilities that are specifically dedicated to
meeting the requirements of the Department of Defense and
other national interests.
(B) An evaluation of the alternative options for the means
of production of the vaccines, including--
(i) use of public facilities, private facilities, or a
combination of public and private facilities; and
(ii) management and operation of the facilities by the
Federal Government, one or more private persons, or a
combination of the Federal Government and one or more private
persons.
(C) The means for producing the vaccines that the Secretary
determines most appropriate.
(3) The Secretary shall ensure that the plan is consistent
with the requirement for safe and effective vaccines approved
by the Food and Drug Administration.
(4) In preparing the plan, the Secretary shall--
(A) consider and, as the Secretary determines appropriate,
include the information compiled and the analyses developed
in meeting the reporting requirements set forth in sections
217 and 218 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-36 and 1654A-37); and
(B) consult with the heads of other appropriate departments
and agencies of the Federal Government.
(c) Report.--Not later than February 1, 2002, the Secretary
of Defense shall submit to the congressional defense
committees a report on the plan for the production of
vaccines required by subsection (b). The report shall
include, at a minimum, the plan and the following matters:
(1) A description of the policies and requirements of the
Department of Defense regarding acquisition and use of the
vaccines.
(2) The estimated schedule for the acquisition of the
vaccines in accordance with the plan.
(3) A discussion of the options considered for production
of the vaccines under subsection (b)(2)(B).
(4) The Secretary's recommendations for the most
appropriate course of action to meet the requirements
described in subsection (b)(1), together with the
justification for the recommendations and the long-term cost
of implementing the recommendations.
SEC. 1026. EXTENSION OF TIMES FOR COMMISSION ON THE FUTURE OF
THE UNITED STATES AEROSPACE INDUSTRY TO REPORT
AND TO TERMINATE.
(a) Submittal of Report.--Subsection (d) of section 1092 of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-302) is amended by striking ``Not later than
March 1, 2002,'' and inserting ``Not later than one year
after the date of its first meeting,''.
(b) Termination.--Subsection (g) of such section is amended
by striking ``30 days'' and inserting ``60 days''.
SEC. 1027. COMPTROLLER GENERAL STUDY AND REPORT ON
INTERCONNECTIVITY OF NATIONAL GUARD
DISTRIBUTIVE TRAINING TECHNOLOGY PROJECT
NETWORKS AND RELATED PUBLIC AND PRIVATE
NETWORKS.
(a) Study Required.--The Comptroller General of the United
States shall conduct a study of the interconnectivity between
the voice, data, and video networks of the National Guard
Distributive Training Technology Project (DTTP) and other
Department of Defense, Federal, State, and private voice,
data, and video networks, including the networks of the
distance learning project of the Army known as Classroom XXI,
networks of public and private institutions of higher
education, and networks of the Federal Emergency Management
Agency and other Federal, State, and local emergency
preparedness and response agencies.
(b) Purposes.--The purposes of the study under subsection
(a) are as follows:
(1) To identify existing capabilities, and future
requirements, for transmission of voice, data, and video for
purposes of operational support of disaster response,
homeland defense, command and control of premobilization
forces, training of military personnel, training of first
responders, and shared use of the networks of the
Distributive Training Technology Project by government and
members of the networks.
(2) To identify appropriate connections between the
networks of the Distributive Training Technology Project and
networks of the Federal Emergency Management Agency, State
emergency management agencies, and other Federal and State
agencies having disaster response functions.
(3) To identify requirements for connectivity between the
networks of the Distributive Training Technology Project and
other Department of Defense, Federal, State, and private
networks referred to in subsection (a) in the event of a
significant disruption of providers of public services.
(4) To identify means of protecting the networks of the
Distributive Training Technology Project from outside
intrusion, including an assessment of the manner in which so
protecting the networks facilitates the mission of the
National Guard and homeland defense.
(5) To identify impediments to interconnectivity between
the networks of the Distributive Training Technology Project
and such other networks.
(6) To identify means of improving interconnectivity
between the networks of the Distributive Training Technology
Project and such other networks.
(c) Particular Matters.--In conducting the study, the
Comptroller General shall consider, in particular, the
following:
(1) Whether, and to what extent, national security concerns
impede interconnectivity between the networks of the
Distributive Training Technology Project and other Department
of Defense, Federal, State, and private networks referred to
in subsection (a).
(2) Whether, and to what extent, limitations on the
technological capabilities of the Department of Defense
impede interconnectivity between the networks of the
Distributive Training Technology Project and such other
networks.
(3) Whether, and to what extent, other concerns or
limitations impede interconnectivity between the networks of
the Distributive Training Technology Project and such other
networks.
(4) Whether, and to what extent, any national security,
technological, or other concerns justify limitations on
interconnectivity between the networks of the Distributive
Training Technology Project and such other networks.
(5) Potential improvements in National Guard or other
Department technologies in order to improve interconnectivity
between the networks of the Distributive Training Technology
Project and such other networks.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the study conducted
under subsection (a). The report shall describe the results
of the study, and include any recommendations that the
Comptroller General considers appropriate in light of the
study.
Subtitle D--Armed Forces Retirement Home
SEC. 1041. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT OF
1991.
Except as otherwise expressly provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered
[[Page H6993]]
to be made to a section or other provision of the Armed
Forces Retirement Home Act of 1991 (title XV of Public Law
101-510; 24 U.S.C. 401 et seq.).
SEC. 1042. DEFINITIONS.
Section 1502 (24 U.S.C. 401) is amended--
(1) by striking paragraphs (1), (2), (3), (4), and (5), and
inserting the following:
``(1) The term `Retirement Home' includes the institutions
established under section 1511, as follows:
``(A) The Armed Forces Retirement Home--Washington.
``(B) The Armed Forces Retirement Home--Gulfport.
``(2) The term `Local Board' means a Local Board of
Trustees established under section 1516.
``(3) The terms `Armed Forces Retirement Home Trust Fund'
and `Fund' mean the Armed Forces Retirement Home Trust Fund
established under section 1519(a).'';
(2) by redesignating paragraphs (6), (7), and (8) as
paragraphs (4), (5), and (6); and
(3) in paragraph (5), as so redesignated--
(A) in subparagraph (C), by striking ``, Manpower and
Personnel'' and inserting ``for Personnel''; and
(B) in subparagraph (D), by striking ``with responsibility
for personnel matters'' and inserting ``for Manpower and
Reserve Affairs''.
SEC. 1043. REVISION OF AUTHORITY ESTABLISHING THE ARMED
FORCES RETIREMENT HOME.
Section 1511 (24 U.S.C. 411) is amended to read as follows:
``SEC. 1511. ESTABLISHMENT OF THE ARMED FORCES RETIREMENT
HOME.
``(a) Independent Establishment.--The Armed Forces
Retirement Home is an independent establishment in the
executive branch.
``(b) Purpose.--The purpose of the Retirement Home is to
provide, through the Armed Forces Retirement Home--Washington
and the Armed Forces Retirement Home--Gulfport, residences
and related services for certain retired and former members
of the Armed Forces.
``(c) Facilities.--(1) Each facility of the Retirement Home
referred to in paragraph (2) is a separate establishment of
the Retirement Home.
``(2) The United States Soldiers' and Airmen's Home is
hereby redesignated as the Armed Forces Retirement Home--
Washington. The Naval Home is hereby redesignated as the
Armed Forces Retirement Home--Gulfport.
``(d) Operation.--(1) The Chief Operating Officer of the
Armed Forces Retirement Home is the head of the Retirement
Home. The Chief Operating Officer is subject to the
authority, direction, and control of the Secretary of
Defense.
``(2) Each facility of the Retirement Home shall be
maintained as a separate establishment of the Retirement Home
for administrative purposes and shall be under the authority,
direction, and control of the Director of that facility. The
Director of each facility of the Retirement Home is subject
to the authority, direction, and control of the Chief
Operating Officer.
``(e) Property and Facilities.--(1) The Retirement Home
shall include such property and facilities as may be acquired
under paragraph (2) or accepted under section 1515(f) for
inclusion in the Retirement Home.
``(2) The Secretary of Defense may acquire, for the benefit
of the Retirement Home, property and facilities for inclusion
in the Retirement Home.
``(3) The Secretary of Defense may dispose of any property
of the Retirement Home, by sale, lease, or otherwise, that
the Secretary determines is excess to the needs of the
Retirement Home. The proceeds from such a disposal of
property shall be deposited in the Armed Forces Retirement
Home Trust Fund. No such disposal of real property shall be
effective earlier than 120 days after the date on which the
Secretary transmits a notification of the proposed disposal
to the Committees on Armed Services of the Senate and the
House of Representatives.
``(f) Department of Defense Support.--The Secretary of
Defense may make available from the Department of Defense to
the Retirement Home, on a nonreimbursable basis,
administrative support and office services, legal and policy
planning assistance, access to investigative facilities of
the Inspector General of the Department of Defense and of the
military departments, and any other support necessary to
enable the Retirement Home to carry out its functions under
this title.
``(g) Accreditation.--The Chief Operating Officer shall
endeavor to secure for each facility of the Retirement Home
accreditation by a nationally recognized civilian accrediting
organization, such as the Continuing Care Accreditation
Commission and the Joint Commission for Accreditation of
Health Organizations.
``(h) Annual Report.--The Secretary of Defense shall
transmit to Congress an annual report on the financial and
other affairs of the Retirement Home for each fiscal year.''.
SEC. 1044. CHIEF OPERATING OFFICER.
(a) Establishment and Authority of Position.--Section 1515
(24 U.S.C. 415) is amended to read as follows:
``SEC. 1515. CHIEF OPERATING OFFICER.
``(a) Appointment.--(1) The Secretary of Defense shall
appoint the Chief Operating Officer of the Retirement Home.
The Secretary of Defense may make the appointment without
regard to the provisions of title 5, United States Code,
governing appointments in the civil service.
``(2) The Chief Operating Officer shall serve at the
pleasure of the Secretary of Defense.
``(3) The Secretary of Defense shall evaluate the
performance of the Chief Operating Officer at least once each
year.
``(b) Qualifications.--To qualify for appointment as the
Chief Operating Officer, a person shall--
``(1) be a continuing care retirement community
professional;
``(2) have appropriate leadership and management skills;
and
``(3) have experience and expertise in the operation and
management of retirement homes and in the provision of long-
term medical care for older persons.
``(c) Responsibilities.--(1) The Chief Operating Officer
shall be responsible to the Secretary of Defense for the
overall direction, operation, and management of the
Retirement Home and shall report to the Secretary on those
matters.
``(2) The Chief Operating Officer shall supervise the
operation and administration of the Armed Forces Retirement
Home--Washington and the Armed Forces Retirement Home--
Gulfport, including the Local Boards of those facilities.
``(3) The Chief Operating Officer shall perform the
following duties:
``(A) Issue, and ensure compliance with, appropriate rules
for the operation of the Retirement Home.
``(B) Periodically visit, and inspect the operation of, the
facilities of the Retirement Home.
``(C) Periodically examine and audit the accounts of the
Retirement Home.
``(D) Establish any advisory body or bodies that the Chief
Operating Officer considers to be necessary.
``(d) Compensation.--(1) The Secretary of Defense may
prescribe the pay of the Chief Operating Officer without
regard to the provisions of title 5, United States Code,
governing classification and pay, except that the basic pay,
including locality pay, of the Chief Operating Officer may
not exceed the limitations established in section 5307 of
such title.
``(2) In addition to basic pay and any locality pay
prescribed for the Chief Operating Officer, the Secretary may
award the Chief Operating Officer, not more than once each
year, a bonus based on the performance of the Chief Operating
Officer for the year. The Secretary shall prescribe the
amount of any such bonus.
``(e) Administrative Staff.--(1) The Chief Operating
Officer may, subject to the approval of the Secretary of
Defense, appoint a staff to assist in the performance of the
Chief Operating Officer's duties in the overall
administration of the Retirement Home.
``(2) The Chief Operating Officer shall prescribe the rates
of pay applicable to the members of the staff appointed under
paragraph (1), without regard to the provisions of title 5,
United States Code, regarding classification and pay, except
that--
``(A) a staff member who is a member of the Armed Forces on
active duty or who is a full-time officer or employee of the
United States may not receive additional pay by reason of
service on the administrative staff; and
``(B) the limitations in section 5373 of title 5, United
States Code, relating to pay set by administrative action,
shall apply to the rates of pay prescribed under this
paragraph.
``(f) Acceptance of Gifts.--(1) The Chief Operating Officer
may accept gifts of money, property, and facilities on behalf
of the Retirement Home.
``(2) Monies received as gifts, or realized from the
disposition of property and facilities received as gifts,
shall be deposited in the Armed Forces Retirement Home Trust
Fund.''.
(b) Transfer of Authorities.--(1) The following provisions
are amended by striking ``Retirement Home Board'' each place
it appears and inserting ``Chief Operating Officer'':
(A) Section 1512 (24 U.S.C. 412), relating to eligibility
and acceptance for residence in the Armed Forces Retirement
Home.
(B) Section 1513(a) (24 U.S.C. 412(a)), relating to
services provided to residents of the Armed Forces Retirement
Home.
(C) Section 1518(c) (24 U.S.C. 418(c)), relating to
inspection of the Armed Forces Retirement Home.
(2) Section 1519(c) (24 U.S.C. 419(c)), relating to
authority to invest funds in the Armed Forces Retirement Home
Trust Fund, is amended by striking ``Director'' and inserting
``Chief Operating Officer''.
(3) Section 1521(a) (24 U.S.C. 421(a)), relating to payment
of residents for services, is amended by striking ``Chairman
of the Armed Forces Retirement Board'' and inserting ``Chief
Operating Officer''.
(4) Section 1522 (24 U.S.C. 422), relating to authority to
accept certain uncompensated services, is amended--
(A) in subsection (a)--
(i) by striking ``Chairman of the Retirement Home Board or
the Director of each establishment'' and inserting ``Chief
Operating Officer or the Director of a facility''; and
(ii) by striking ``unless'' and all that follows through
``Retirement Home Board'';
(B) in subsection (b)(1)--
(i) by striking ``Chairman of the Retirement Home Board or
the Director of the establishment'' and inserting ``Chief
Operating Officer or the Director of a facility''; and
(ii) by inserting ``offering the services'' after ``notify
the person'';
[[Page H6994]]
(C) in subsection (b)(2), by striking ``Chairman'' and
inserting ``Chief Operating Officer'';
(D) in subsection (c), by striking ``Chairman of the
Retirement Home Board or the Director of an establishment''
and inserting ``Chief Operating Officer or the Director of a
facility''; and
(E) in subsection (e)--
(i) by striking ``Chairman of the Retirement Board or the
Director of the establishment'' in the first sentence and
inserting ``Chief Operating Officer or the Director of a
facility''; and
(ii) by striking ``Chairman'' in the second sentence and
inserting ``Chief Operating Officer''.
(5) Section 1523(b) (24 U.S.C. 423(b)), relating to
preservation of historic buildings and grounds at the Armed
Forces Retirement Home--Washington, is amended by striking
``Chairman of the Retirement Home Board'' and inserting
``Chief Operating Officer''.
SEC. 1045. RESIDENTS OF RETIREMENT HOME.
(a) Repeal of Requirement of Resident To Reapply After
Substantial Absence.--Subsection (e) of section 1512 (24
U.S.C. 412) is repealed.
(b) Fees Paid by Residents.--Section 1514 (24 U.S.C. 414)
is amended to read as follows:
``SEC. 1514. FEES PAID BY RESIDENTS.
``(a) Monthly Fees.--The Director of each facility of the
Retirement Home shall collect a monthly fee from each
resident of that facility.
``(b) Deposit of Fees.--The Directors shall deposit fees
collected under subsection (a) in the Armed Forces Retirement
Home Trust Fund.
``(c) Fixing Fees.--(1) The Chief Operating Officer, with
the approval of the Secretary of Defense, shall from time to
time prescribe the fees required by subsection (a). Changes
to such fees shall be based on the financial needs of the
Retirement Home and the ability of the residents to pay. A
change of a fee may not take effect until 120 days after the
Secretary of Defense transmits a notification of the change
to the Committees on Armed Services of the Senate and the
House of Representatives.
``(2) The fee shall be fixed as a percentage of the monthly
income and monthly payments (including Federal payments)
received by a resident. The fee shall be subject to a
limitation on maximum monthly amount. The percentage shall be
the same for each facility of the Retirement Home. The
Secretary of Defense may make any adjustment in a percentage
or limitation on maximum amount that the Secretary determines
appropriate.
``(d) Transitional Fee Structures.--(1) Until different
fees are prescribed and take effect under subsection (c), the
percentages and limitations on maximum monthly amount that
are applicable to fees charged residents of the Retirement
Home are (subject to any adjustment that the Secretary of
Defense determines appropriate) as follows:
``(A) For months beginning before January 1, 2002--
``(i) for a permanent health care resident, 65 percent
(without limitation on maximum monthly amount); and
``(ii) for a resident who is not a permanent health care
resident, 40 percent (without limitation on maximum monthly
amount).
``(B) For months beginning after December 31, 2001--
``(i) for an independent living resident, 35 percent, but
not to exceed $1,000 each month;
``(ii) for an assisted living resident, 40 percent, but not
to exceed $1,500 each month; and
``(iii) for a long-term care resident, 65 percent, but not
to exceed $2,500 each month.
``(2) Notwithstanding the limitations on maximum monthly
amount prescribed under subsection (c) or set forth in
paragraph (1)(B), until an independent living resident or
assisted living resident of the Armed Forces Retirement
Home--Gulfport occupies a renovated room at that facility, as
determined by the Secretary of Defense, the limitation on
maximum monthly amount applicable to the resident for months
beginning after December 31, 2001, shall be--
``(A) in the case of an independent living resident, $800;
and
``(B) in the case of an assisted living resident, $1,300.
SEC. 1046. LOCAL BOARDS OF TRUSTEES.
Section 1516 (24 U.S.C. 416) is amended to read as follows:
``SEC. 1516. LOCAL BOARDS OF TRUSTEES.
``(a) Establishment.--Each facility of the Retirement Home
shall have a Local Board of Trustees.
``(b) Duties.--The Local Board for a facility shall serve
in an advisory capacity to the Director of the facility and
to the Chief Operating Officer.
``(c) Composition.--(1) The Local Board for a facility
shall consist of at least 11 members who (except as otherwise
specifically provided) shall be appointed by the Secretary of
Defense in consultation with each of the Secretaries of the
military departments concerned. At least one member of the
Local Board shall have a perspective that is oriented toward
the Retirement Home overall. The Local Board for a facility
shall consist of the following members:
``(A) One member who is a civilian expert in nursing home
or retirement home administration and financing from the
geographical area of the facility.
``(B) One member who is a civilian expert in gerontology
from the geographical area of the facility.
``(C) One member who is a service expert in financial
management.
``(D) One representative of the Department of Veterans
Affairs regional office nearest in proximity to the facility,
who shall be designated by the Secretary of Veterans Affairs.
``(E) One representative of the resident advisory committee
or council of the facility, who shall be a nonvoting member.
``(F) One enlisted representative of the Services' Retiree
Advisory Council.
``(G) The senior noncommissioned officer of one of the
Armed Forces.
``(H) One senior representative of the military hospital
nearest in proximity to the facility.
``(I) One senior judge advocate from one of the Armed
Forces.
``(J) The Director of the facility, who shall be a
nonvoting member.
``(K) One senior representative of one of the chief
personnel officers of the Armed Forces.
``(L) Other members designated by the Secretary of Defense
(if the Local Board is to have more than 11 members).
``(2) The Secretary of Defense shall designate one member
of a Local Board to serve as the chairman of the Local Board
at the pleasure of the Secretary of Defense.
``(d) Terms.--(1) Except as provided in subsections (e),
(f), and (g), the term of office of a member of a Local Board
shall be five years.
``(2) Unless earlier terminated by the Secretary of
Defense, a person may continue to serve as a member of the
Local Board after the expiration of the member's term until a
successor is appointed or designated, as the case may be.
``(e) Early Expiration of Term.--A member of a Local Board
who is a member of the Armed Forces or an employee of the
United States serves as a member of the Local Board only for
as long as the member is assigned to or serving in a position
for which the duties include the duty to serve as a member of
the Local Board.
``(f) Vacancies.--(1) A vacancy in the membership of a
Local Board shall be filled in the manner in which the
original appointment or designation was made, as the case may
be.
``(2) A member appointed or designated to fill a vacancy
occurring before the end of the term of the predecessor of
the member shall be appointed or designated, as the case may
be, for the remainder of the term for which the predecessor
was appointed.
``(3) A vacancy in a Local Board shall not affect its
authority to perform its duties.
``(g) Early Termination.--The Secretary of Defense may
terminate the appointment of a member of a Local Board before
the expiration of the member's term for any reason that the
Secretary determines appropriate.
``(h) Compensation.--(1) Except as provided in paragraph
(2), a member of a Local Board shall--
``(A) be provided a stipend consistent with the daily
government consultant fee for each day on which the member is
engaged in the performance of services for the Local Board;
and
``(B) while away from home or regular place of business in
the performance of services for the Local Board, be allowed
travel expenses (including per diem in lieu of subsistence)
in the same manner as a person employed intermittently in
Government under sections 5701 through 5707 of title 5,
United States Code.
``(2) A member of a Local Board who is a member of the
Armed Forces on active duty or a full-time officer or
employee of the United States shall receive no additional pay
by reason of serving a member of a Local Board.''.
SEC. 1047. DIRECTORS, DEPUTY DIRECTORS, AND STAFF OF
FACILITIES.
Section 1517 (24 U.S.C. 417) is amended to read as follows:
``SEC. 1517. DIRECTORS, DEPUTY DIRECTORS, AND STAFF OF
FACILITIES.
``(a) Appointment.--The Secretary of Defense shall appoint
a Director and a Deputy Director for each facility of the
Retirement Home.
``(b) Director.--The Director of a facility shall--
``(1) be a member of the Armed Forces serving on active
duty in a grade above lieutenant colonel or commander;
``(2) have appropriate leadership and management skills;
and
``(3) be required to pursue a course of study to receive
certification as a retirement facilities director by an
appropriate civilian certifying organization, if the Director
is not so certified at the time of appointment.
``(c) Duties of Director.--(1) The Director of a facility
shall be responsible for the day-to-day operation of the
facility, including the acceptance of applicants to be
residents of that facility.
``(2) The Director of a facility shall keep accurate and
complete records of the facility.
``(d) Deputy Director.--(1) The Deputy Director of a
facility shall--
``(A) be a civilian with experience as a continuing care
retirement community professional or a member of the Armed
Forces serving on active duty in a grade above major or
lieutenant commander; and
``(B) have appropriate leadership and management skills.
``(2) The Deputy Director of a facility shall--
``(A) be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service; and
[[Page H6995]]
``(B) serve at the pleasure of the Secretary of Defense,
without regard to the provisions of title 5, United States
Code.
``(e) Duties of Deputy Director.--The Deputy Director of a
facility shall, under the authority, direction, and control
of the Director of the facility, perform such duties as the
Director may assign.
``(f) Staff.--(1) The Director of a facility may, subject
to the approval of the Chief Operating Officer, appoint and
prescribe the pay of such principal staff as the Director
considers appropriate to assist the Director in operating the
facility.
``(2) The principal staff of a facility shall include
persons with experience and expertise in the operation and
management of retirement homes and in the provision of long-
term medical care for older persons.
``(3) The Director of a facility may exercise the authority
under paragraph (1) without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, classification, and pay, except that the
limitations in section 5373 of such title (relating to pay
set by administrative action) shall apply to the rates of pay
prescribed under this paragraph.
``(g) Annual Evaluation of Directors.--(1) The Chief
Operating Officer shall evaluate the performance of each of
the Directors of the facilities of the Retirement Home each
year.
``(2) The Chief Operating Officer shall submit to the
Secretary of Defense any recommendations regarding a Director
that the Chief Operating Officer determines appropriate
taking into consideration the annual evaluation.''.
SEC. 1048. DISPOSITION OF EFFECTS OF DECEASED PERSONS AND
UNCLAIMED PROPERTY.
(a) Legal Representation for Retirement Home.--Subsection
(b)(2)(A) of section 1520 (24 U.S.C. 420) is amended by
inserting ``who is a full-time officer or employee of the
United States or a member of the Armed Forces on active
duty'' after ``may designate an attorney''.
(b) Correction of Reference.--Subsection (b)(1)(B) of such
section is amended by inserting ``Armed Forces'' before
``Retirement Home Trust Fund''.
SEC. 1049. TRANSITIONAL PROVISIONS.
Part B is amended by striking sections 1531, 1532, and 1533
and inserting the following:
``SEC. 1531. TEMPORARY CONTINUATION OF ARMED FORCES
RETIREMENT HOME BOARD.
``Until the Secretary of Defense appoints the first Chief
Operating Officer after the enactment of the National Defense
Authorization Act for Fiscal Year 2002, the Armed Forces
Retirement Home Board, as constituted on the day before the
date of the enactment of that Act, shall continue to serve
and shall perform the duties of the Chief Operating Officer.
``SEC. 1532. TEMPORARY CONTINUATION OF DIRECTOR OF THE ARMED
FORCES RETIREMENT HOME--WASHINGTON.
``The person serving as the Director of the Armed Forces
Retirement Home--Washington on the day before the enactment
of the National Defense Authorization Act for Fiscal Year
2002 may continue to serve as the Director of that facility
until April 2, 2002.
``SEC. 1533. TEMPORARY CONTINUATION OF INCUMBENT DEPUTY
DIRECTORS.
``A person serving as the Deputy Director of a facility of
the Retirement Home on the day before the enactment of the
National Defense Authorization Act for Fiscal Year 2002 may
continue to serve, at the pleasure of the Secretary of
Defense, as the Deputy Director until the date on which a
Deputy Director is appointed for that facility under section
1517, except that the service in that position may not
continue under this section after December 31, 2004.''.
SEC. 1050. CONFORMING AND CLERICAL AMENDMENTS AND REPEALS OF
OBSOLETE PROVISIONS.
(a) Conforming Amendments.--(1) Section 1513(b) (24 U.S.C.
413(b)), relating to services provided to residents of the
Armed Forces Retirement Home, is amended by striking
``maintained as a separate establishment'' in the second
sentence.
(2) The heading for section 1519 (24 U.S.C. 419) is amended
to read as follows:
``SEC. 1519. ARMED FORCES RETIREMENT HOME TRUST FUND.''.
(3) Section 1520 (24 U.S.C. 420), relating to disposition
of effects of deceased persons and unclaimed property, is
amended--
(A) in subsection (a), by striking ``each facility that is
maintained as a separate establishment'' and inserting ``a
facility'';
(B) in subsection (b)(2)(A), by striking ``maintained as a
separate establishment''; and
(C) in subsection (e), by striking ``Directors'' and
inserting ``Director of the facility''.
(4)(A) Section 1523 (24 U.S.C. 423), relating to
preservation of historic buildings and grounds at the Armed
Forces Retirement Home--Washington, is amended by striking
``United States Soldiers' and Airmen's Home'' each place it
appears and inserting ``Armed Forces Retirement Home--
Washington''.
(B) The heading for such section is amended to read as
follows:
``SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS
AT THE ARMED FORCES RETIREMENT HOME--
WASHINGTON.''.
(5) Section 1524 (24 U.S.C. 424), relating to conditional
supervisory control of the Retirement Home Board, is
repealed.
(b) Repeal of Obsolete Provisions.--The following
provisions are repealed:
(1) Section 1512(f) (24 U.S.C. 412(f)), relating to the
applicability of certain eligibility requirements.
(2) Section 1519(d) (24 U.S.C. 419(d)), relating to
transitional accounts in the Armed Forces Retirement Home
Trust Fund.
(3) Part C, relating to effective date and authorization of
appropriations.
(c) Addition of Table of Contents.--Title XV of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1722) is amended by inserting
after the heading for such title the following:
``Sec. 1501. Short title.
``Sec. 1502. Definitions.
``Part A--Establishment and Operation of Retirement Home
``Sec. 1511. Establishment of the Armed Forces Retirement Home.
``Sec. 1512. Residents of Retirement Home.
``Sec. 1513. Services provided residents.
``Sec. 1514. Fees paid by residents.
``Sec. 1515. Chief Operating Officer.
``Sec. 1516. Local Boards of Trustees.
``Sec. 1517. Directors, Deputy Directors, and staff of facilities.
``Sec. 1518. Inspection of Retirement Home.
``Sec. 1519. Armed Forces Retirement Home Trust Fund.
``Sec. 1520. Disposition of effects of deceased persons; unclaimed
property.
``Sec. 1521. Payment of residents for services.
``Sec. 1522. Authority to accept certain uncompensated services.
``Sec. 1523. Preservation of historic buildings and grounds at the
Armed Forces Retirement Home--Washington.
``Part B--Transitional Provisions
``Sec. 1531. Temporary Continuation of Armed Forces Retirement Home
Board.
``Sec. 1532. Temporary Continuation of Director of the Armed Forces
Retirement Home--Washington.
``Sec. 1533. Temporary Continuation of Incumbent Deputy Directors.''.
SEC. 1051. AMENDMENTS OF OTHER LAWS.
(a) Employee Performance Appraisals.--Section 4301(2) of
title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (G);
(2) by striking ``and'' at the end of subparagraph (H) and
inserting ``or''; and
(3) by inserting at the end the following new subparagraph:
``(I) the Chief Operating Officer and the Deputy Directors
of the Armed Forces Retirement Home; and''.
(b) Exclusion of Certain Officers From Certain Limitations
Applicable to General and Flag Officers on Active Duty.--(1)
Section 525 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) An officer while serving as a Director of the Armed
Forces Retirement Home, if serving in the grade of major
general or rear admiral, is in addition to the number that
would otherwise be permitted for that officer's armed force
for that grade under subsection (a).''.
(2)(A) Section 526 of such title is amended by adding at
the end the following new subsection:
``(e) Exclusion of Directors of Armed Forces Retirement
Home.--The limitations of this section do not apply to a
general or flag officer while the officer is assigned as the
Director of a facility of the Armed Forces Retirement
Home.''.
(B) Subsection (d) of such section is amended by inserting
``Reserve Component'' after ``Exclusion of Certain''.
(3) Section 688(e)(2) of such title is amended by adding at
the end the following new subparagraph:
``(D) A general officer or flag officer assigned as the
Director of a facility of the Armed Forces Retirement Home
for the period of active duty to which ordered.''.
(4) Section 690 of title 10, United States Code, is
amended--
(A) in subsection (a)--
(i) by striking the second sentence and inserting the
following: ``The following officers are not counted for the
purposes of this subsection:''; and
(ii) by adding at the end the following:
``(1) A retired officer ordered to active duty for a period
of 60 days or less.
``(2) A general or flag officer who is assigned as the
Director of a facility of the Armed Forces Retirement Home
for the period of active duty to which ordered.''; and
(B) in subsection (b), by adding at the end of paragraph
(2) the following new subparagraph:
``(E) A general officer or flag officer assigned as the
Director of a facility of the Armed Forces Retirement Home
for the period of active duty to which ordered.''.
Subtitle E--Other Matters
SEC. 1061. REQUIREMENT TO CONDUCT CERTAIN PREVIOUSLY
AUTHORIZED EDUCATIONAL PROGRAMS FOR CHILDREN
AND YOUTH.
(a) National Guard Challenge Program.--Section 509(a) of
title 32, United States Code, is amended by striking ``The
Secretary of Defense may'' and inserting ``The Secretary of
Defense shall''.
(b) STARBASE Program.--Section 2193b(a) of title 10, United
States Code, is amended by
[[Page H6996]]
striking ``The Secretary of Defense may'' and inserting ``The
Secretary of Defense shall''.
SEC. 1062. AUTHORITY TO ENSURE DEMILITARIZATION OF
SIGNIFICANT MILITARY EQUIPMENT FORMERLY OWNED
BY THE DEPARTMENT OF DEFENSE.
(a) Prohibition.--It is unlawful for any person to possess
significant military equipment formerly owned by the
Department of Defense unless--
(1) the military equipment has been demilitarized in
accordance with standards prescribed by the Secretary of
Defense;
(2) the person is in possession of the military equipment
for the purpose of demilitarizing the equipment pursuant to a
Federal Government contract; or
(3) the person is specifically authorized by law or
regulation to possess the military equipment.
(b) Referral to Attorney General.--The Secretary of Defense
shall notify the Attorney General of any potential violation
of subsection (a) of which the Secretary becomes aware.
(c) Authority To Require Demilitarization.--(1) The
Attorney General may require any person who, in violation of
subsection (a), is in possession of significant military
equipment formerly owned by the Department of Defense--
(A) to demilitarize the equipment;
(B) to have the equipment demilitarized by a third party;
or
(C) to return the equipment to the Federal Government for
demilitarization.
(2) When the demilitarization of significant military
equipment is carried out pursuant to subparagraph (A) or (B)
of paragraph (1), an officer or employee of the United States
designated by the Attorney General shall have the right to
confirm, by inspection or other means authorized by the
Attorney General, that the equipment has been demilitarized.
(3) If significant military equipment is not demilitarized
or returned to the Federal Government for demilitarization as
required under paragraph (1) within a reasonable period after
the Attorney General notifies the person in possession of the
equipment of the requirement to do so, the Attorney General
may request that a court of the United States issue a warrant
authorizing the seizure of the military equipment in the same
manner as is provided for a search warrant. If the court
determines that there is probable cause to believe that the
person is in possession of significant military equipment in
violation of subsection (a), the court shall issue a warrant
authorizing the seizure of such equipment.
(d) Demilitarization of Equipment.--(1) The Attorney
General shall transfer any military equipment returned to the
Federal Government or seized pursuant to subsection (c) to
the Department of Defense for demilitarization.
(2) If the person in possession of significant military
equipment obtained the equipment in accordance with any other
provision of law, the Secretary of Defense shall bear all
costs of transportation and demilitarization of the equipment
and shall either--
(A) return the equipment to the person upon completion of
the demilitarization; or
(B) reimburse the person for the cost incurred by that
person to acquire the equipment if the Secretary determines
that the cost to demilitarize and return the property to the
person would be prohibitive.
(e) Establishment of Demilitarization Standards.--(1) The
Secretary of Defense shall prescribe regulations regarding
the demilitarization of military equipment.
(2) The regulations shall be designed to ensure that--
(A) the equipment, after demilitarization, does not
constitute a significant risk to public safety and does not
have--
(i) a significant capability for use as a weapon; or
(ii) a uniquely military capability; and
(B) any person from whom private property is taken for
public use under this section receives just compensation for
the taking of the property.
(3) The regulations shall, at a minimum, define--
(A) the classes of significant military equipment requiring
demilitarization before disposal; and
(B) what constitutes demilitarization for each class of
significant military equipment.
(f) Definition of Significant Military Equipment.--In this
section, the term ``significant military equipment'' means
equipment that has a capability described in clause (i) or
(ii) of subsection (e)(2) and--
(1) is a defense article listed on the United States
Munitions List maintained under section 38 of the Arms Export
Control Act (22 U.S.C. 2778) that is designated on that list
as significant military equipment; or
(2) is designated by the Secretary of Defense under the
regulations prescribed under subsection (e) as being
equipment that it is necessary in the interest of public
safety to demilitarize before disposal by the United States.
SEC. 1063. CONVEYANCES OF EQUIPMENT AND RELATED MATERIALS
LOANED TO STATE AND LOCAL GOVERNMENTS AS
ASSISTANCE FOR EMERGENCY RESPONSE TO A USE OR
THREATENED USE OF A WEAPON OF MASS DESTRUCTION.
Section 1412(e) of the Defense Against Weapons of Mass
Destruction Act of 1996 (title XIV of Public Law 104-201; 110
Stat. 2718; 50 U.S.C. 2312(e)) is amended by adding at the
end the following new paragraph:
``(5) A conveyance of ownership of United States property
to a State or local government, without cost and without
regard to subsection (f) and title II of the Federal Property
and Administrative Services Act of 1949 (or any other
provision of law relating to the disposal of property of the
United States), if the property is equipment, or equipment
and related materials, that is in the possession of the State
or local government on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2002
pursuant to a loan of the property as assistance under this
section.''.
SEC. 1064. AUTHORITY TO PAY GRATUITY TO MEMBERS OF THE ARMED
FORCES AND CIVILIAN EMPLOYEES OF THE UNITED
STATES FOR SLAVE LABOR PERFORMED FOR JAPAN
DURING WORLD WAR II.
(a) Payment of Gratuity Authorized.--The Secretary of
Veterans Affairs may pay a gratuity to a covered veteran or
civilian internee, or to the surviving spouse of a covered
veteran or civilian internee, in the amount of $20,000.
(b) Covered Veteran or Civilian Internee Defined.--In this
section, the term ``covered veteran or civilian internee''
means any individual who--
(1) was a member of the Armed Forces, a civilian employee
of the United States, or an employee of a contractor of the
United States during World War II;
(2) served in or with United States combat forces during
World War II;
(3) was captured and held as a prisoner of war or prisoner
by Japan in the course of such service; and
(4) was required by the Imperial Government of Japan, or
one or more Japanese corporations, to perform slave labor
during World War II.
(c) Relationship to Other Payments.--Any amount paid a
person under this section for activity described in
subsection (b) is in addition to any other amount paid such
person for such activity under any other provision of law.
SEC. 1065. RETENTION OF TRAVEL PROMOTIONAL ITEMS.
(a) In General.--To the extent provided in subsection (b),
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 traveling at
Government expense who receives a promotional item (including
frequent flyer miles, upgrades, or access to carrier clubs or
facilities) as a result of using travel or transportation
services procured by the United States 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 Government.
(b) Applicability to Executive Branch Only.--Subsection
(a)--
(1) applies only to travel that is at the expense of the
executive branch; and
(2) does not apply to travel by any officer, employee, or
other official of the Government outside the executive
branch.
(c) Conforming Amendment.--Section 6008 of the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-355; 5
U.S.C. 5702 note) is amended by adding at the end the
following new subsection:
``(d) Inapplicability to Executive Branch.--The guidelines
issued under subsection (a) and the requirement under
subsection (b) shall not apply to any agency of the executive
branch or to any Federal employee or other personnel in the
executive branch.''.
(d) Applicability.--This section shall apply with respect
to promotional items received before, on, or after the date
of enactment of this Act.
SEC. 1066. RADIATION EXPOSURE COMPENSATION ACT MANDATORY
APPROPRIATIONS.
Section 3(e) of the Radiation Exposure Compensation Act (42
U.S.C. 2210 note) is amended to read as follows:
``(e) Appropriation.--
``(1) In general.--Subject to the limits in paragraph (2),
there are appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year 2002, and each
fiscal year thereafter through 2011, such sums as may be
necessary to the Fund for the purpose of making payments to
eligible beneficiaries under this Act.
``(2) Limitation.--Amounts appropriated pursuant to
paragraph (1) may not exceed--
``(A) in fiscal year 2002, $172,000,000;
``(B) in fiscal year 2003, $143,000,000;
``(C) in fiscal year 2004, $107,000,000;
``(D) in fiscal year 2005, $65,000,000;
``(E) in fiscal year 2006, $47,000,000;
``(F) in fiscal year 2007, $29,000,000;
``(G) in fiscal year 2008, $29,000,000;
``(H) in fiscal year 2009, $23,000,000;
``(I) in fiscal year 2010, $23,000,000; and
``(J) in fiscal year 2011, $17,000,000.''.
SEC. 1067. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL
OCEANOGRAPHIC LABORATORY SYSTEM.
Subsection (g) of section 2667 of title 10, United States
Code (section 1061, National Defense Authorization Act, 1998,
P.L. 105-85) is amended by adding a new paragraph at the end
as follows:
``(3) The requirements of paragraph (1) shall not apply to
renewals or extensions of a lease with a selected institution
for operation of a ship within the University National
Oceanographic Laboratory System, if--
``(A) use of the ship is restricted to federally supported
research programs and non-
[[Page H6997]]
Federal uses under specific conditions with approval by the
Secretary of the Navy;
``(B) because of the anticipated value to the Navy of the
oceanographic research and training that will result from the
ship's operation, no monetary lease payments are required
from the lessee under the initial lease or under any renewals
or extensions; and
``(C) the lessee is required to maintain the ship in a good
state of repair readiness, and efficient operating
conditions, conform to all applicable regulatory
requirements, and assume full responsibility for the safety
of the ship, its crew, and scientific personnel aboard.''.
SEC. 1068. SMALL BUSINESS PROCUREMENT COMPETITION.
(a) Definition of Covered Contracts.--Section 15(e)(4) of
the Small Business Act (15 U.S.C. 644(e)(4)) is amended--
(1) by inserting after ``bundled contract'' the following:
``, the aggregate dollar value of which is anticipated to be
less than $5,000,000, or any contract, whether or not the
contract is a bundled contract, the aggregate dollar value of
which is anticipated to be $5,000,000 or more'';
(2) by striking ``In the'' and inserting the following:
``(A) In general.--In the''; and
(3) by adding at the end the following:
``(B) Contracting goals.--
``(i) In general.--A contract award under this paragraph to
a team that is comprised entirely of small business concerns
shall be counted toward the small business contracting goals
of the contracting agency, as required by this Act.
``(ii) Preponderance test.--The ownership of the small
business that conducts the preponderance of the work in a
contract awarded to a team described in clause (i) shall
determine the category or type of award for purposes of
meeting the contracting goals of the contracting agency.''.
(b) Proportionate Work Requirements for Bundled
Contracts.--
(1) Section 8.--Section 8(a)(14)(A) of the Small Business
Act (15 U.S.C. 637(a)(14)(A)) is amended--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) notwithstanding clauses (i) and (ii), in the case
of a bundled contract--
``(I) the concern will perform work for at least 33 percent
of the aggregate dollar value of the anticipated award;
``(II) no other concern will perform a greater proportion
of the work on that contract; and
``(III) no other concern that is not a small business
concern will perform work on the contract.''.
(2) Qualified hubzone small business concerns.--Section
3(p)(5)(A)(i)(III) of the Small Business Act (15 U.S.C.
632(p)(5)(A)(i)(III)) is amended--
(A) in item (bb), by striking ``and'' at the end;
(B) by redesignating item (cc) as item (dd); and
(C) by inserting after item (bb) the following:
``(cc) notwithstanding items (aa) and (bb), in the case of
a bundled contract, the concern will perform work for at
least 33 percent of the aggregate dollar value of the
anticipated award, no other concern will perform a greater
proportion of the work on that contract, and no other concern
that is not a small business concern will perform work on the
contract; and''.
(3) Section 15.--Section 15(o)(1) of the Small Business Act
(15 U.S.C. 644(o)(1)) is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) notwithstanding subparagraphs (A) and (B), in the
case of a bundled contract--
``(i) the concern will perform work for at least 33 percent
of the aggregate dollar value of the anticipated award;
``(ii) no other concern will perform a greater proportion
of the work on that contract; and
``(iii) no other concern that is not a small business
concern will perform work on the contract.''.
(c) Small Business Procurement Competition Pilot Program.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(B) the term ``Federal agency'' has the same meaning as in
section 3 of the Small Business Act (15 U.S.C. 632);
(C) the term ``Program'' means the Small Business
Procurement Competition Program established under paragraph
(2);
(D) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(E) the term ``small business-only joint ventures'' means a
team described in section 15(e)(4) of the Small Business Act
(15 U.S.C. 644(e)(4)) comprised of only small business
concerns.
(2) Establishment of program.--The Administrator shall
establish in the Small Business Administration a pilot
program to be known as the ``Small Business Procurement
Competition Program''.
(3) Purposes of program.--The purposes of the Program are--
(A) to encourage small business-only joint ventures to
compete for contract awards to fulfill the procurement needs
of Federal agencies;
(B) to facilitate the formation of joint ventures for
procurement purposes among small business concerns;
(C) to engage in outreach to small business-only joint
ventures for Federal agency procurement purposes; and
(D) to engage in outreach to the Director of the Office of
Small and Disadvantaged Business Utilization and the
procurement officer within each Federal agency.
(4) Outreach.--Under the Program, the Administrator shall
establish procedures to conduct outreach to small business
concerns interested in forming small business-only joint
ventures for the purpose of fulfilling procurement needs of
Federal agencies, subject to the rules of the Administrator,
in consultation with the heads of those Federal agencies.
(5) Regulatory authority.--The Administrator shall
promulgate such regulations as may be necessary to carry out
this subsection.
(6) Small business administration database.--The
Administrator shall establish and maintain a permanent
database that identifies small business concerns interested
in forming small business-only joint ventures, and shall make
the database available to each Federal agency and to small
business concerns in electronic form to facilitate the
formation of small business-only joint ventures.
(7) Termination of program.--The Program (other than the
database established under paragraph (6)) shall terminate 3
years after the date of enactment of this Act.
(8) Report to congress.--Not later than 60 days before the
date of termination of the Program, the Administrator shall
submit a report to Congress on the results of the Program,
together with any recommendations for improvements to the
Program and its potential for use Governmentwide.
(9) Relationship to other laws.--Nothing in this subsection
waives or modifies the applicability of any other provision
of law to procurements of any Federal agency in which small
business-only joint ventures may participate under the
Program.
SEC. 1069. CHEMICAL AND BIOLOGICAL PROTECTIVE EQUIPMENT FOR
MILITARY AND CIVILIAN PERSONNEL OF THE
DEPARTMENT OF DEFENSE.
(a) Report Required.--(1) Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the requirements of the
Department of Defense, including the reserve components, for
chemical and biological protective equipment.
(2) The report shall set forth the following:
(A) A description of any current shortfalls in requirements
for chemical and biological protective equipment, whether for
individuals or units, for military personnel.
(B) A plan for providing appropriate chemical and
biological protective equipment for all military personnel
and for all civilian personnel of the Department of Defense.
(C) An assessment of the costs associated with carrying out
the plan under subparagraph (B).
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should consider utilizing funds
available to the Secretary for chemical and biological
defense programs, including funds available for such program
under this Act and funds available for such programs under
the 2001 Emergency Supplemental Appropriations Act for
Recovery from and Response to Terrorist Attacks on the United
States, to provide an appropriate level of protection from
chemical and biological attack, including protective
equipment, for all military personnel and for all civilian
personnel of the Department of Defense who are not currently
protected from chemical or biological attack.
SEC. 1070. AUTHORIZATION OF THE SALE OF GOODS AND SERVICES BY
THE NAVAL MAGAZINE, INDIAN ISLAND.
The Secretary of the Navy may sell to a person outside the
Department of Defense articles and services provided by the
Naval Magazine, Indian Island facility that are not available
from any United States commercial source: Provided, That a
sale pursuant to this section shall conform to the
requirements of section 2563 (c) and (d) of title 10, United
States Code: Provided further, That the proceeds from the
sales of articles and services under this section shall be
credited to operation and maintenance funds of the Navy, that
are current when the proceeds are received.
SEC. 1071. ASSISTANCE FOR FIREFIGHTERS.
Section 33(e) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229(e)) is amended by striking
paragraph (2) and inserting the following new paragraphs:
``(2) $600,000,000 for fiscal year 2002.
``(3) $800,000,000 for fiscal year 2003.
``(4) $1,000,000,000 for fiscal year 2004.''.
SEC. 1072. PLAN TO ENSURE EMBARKATION OF CIVILIAN GUESTS DOES
NOT INTERFERE WITH OPERATIONAL READINESS AND
SAFE OPERATION OF NAVY VESSELS.
(a) Plan.--The Secretary of the Navy shall, not later than
February 1, 2002, submit to Congress a plan to ensure that
the embarkation of selected civilian guests does not
interfere with the operational readiness and safe operation
of Navy vessels. The plan shall include, at a minimum--
(1) procedures to ensure that guest embarkations are
conducted only within the framework of regularly scheduled
operations
[[Page H6998]]
and that underway operations are not conducted solely to
accommodate nonofficial civilian guests,
(2) guidelines for the maximum number of guests that can be
embarked on the various classes of Navy vessels,
(3) guidelines and procedures for supervising civilians
operating or controlling any equipment on Navy vessels,
(4) guidelines to ensure that proper standard operating
procedures are not hindered by activities related to hosting
civilians,
(5) any other guidelines or procedures the Secretary shall
consider necessary or appropriate.
(b) Definition.--For the purposes of this section, civilian
guests are defined as civilians invited to embark on Navy
ships solely for the purpose of furthering public awareness
of the Navy and its mission. It does not include civilians
conducting official business.
SEC. 1073. MODERNIZING AND ENHANCING MISSILE WING HELICOPTER
SUPPORT--STUDY AND PLAN.
(a) Report and Recommendations.--With the submission of the
fiscal year 2003 budget request, the Secretary of Defense
shall provide to the congressional defense committees a
report and the Secretary's recommendations on options for
providing the helicopter support missions for the ICBM wings
at Minot AFB, North Dakota; Malmstrom AFB, Montana; and F.E.
Warren AFB, Wyoming, for as long as these missions are
required.
(b) Options.--Options to be reviewed include--
(1) the Air Force's current plan for replacement or
modernization of UH-1N helicopters currently flown by the Air
Force at the missile wings;
(2) replacement of the UH-1N helicopters currently flown by
the Air Force with UH-60 Black Hawk helicopters, the UH-1Y,
or another platform;
(3) replacement of UH-1N helicopters with UH-60 helicopters
and transition of the mission to the Army National Guard, as
detailed in a November 2000 Air Force Space Command/Army
National Guard plan, ``ARNG Helicopter Support to Air Force
Space Command'';
(4) replacement of UH-1N helicopters with UH-60 helicopters
or another platform, and establishment of composite units
combining active duty Air Force and Army National Guard
personnel; and
(5) other options as the Secretary deems appropriate.
(c) Factors.--Factors to be considered in this analysis
include--
(1) any implications of transferring the helicopter support
missions on the command and control of and responsibility for
missile field force protection;
(2) current and future operational requirements, and the
capabilities of the UH-1N, the UH-60 or other aircraft to
meet them;
(3) cost, with particular attention to opportunities to
realize efficiencies over the long run;
(4) implications for personnel training and retention; and
(5) evaluation of the assumptions used in the plan
specified in subsection (b)(3).
(d) Consideration.--The Secretary shall consider carefully
the views of the Secretary of the Army, Secretary of the Air
Force, Commander in Chief of the United States Strategic
Command, and the Chief of the National Guard Bureau.
SEC. 1074. SENSE OF THE SENATE THAT THE SECRETARY OF THE
TREASURY SHOULD IMMEDIATELY ISSUE SAVINGS
BONDS, TO BE DESIGNATED AS ``UNITY BONDS'', IN
RESPONSE TO THE TERRORIST ATTACKS AGAINST THE
UNITED STATES ON SEPTEMBER 11, 2001.
(a) Findings.--The Senate finds that--
(1) a national tragedy occurred on September 11, 2001,
whereby enemies of freedom and democracy attacked the United
States of America and injured or killed thousands of innocent
victims;
(2) the perpetrators of these reprehensible attacks
destroyed brick and mortar buildings, but the American spirit
and the American people have become stronger as they have
united in defense of their country;
(3) the American people have responded with incredible acts
of heroism, kindness, and generosity;
(4) the outpouring of volunteers, blood donors, and
contributions of food and money demonstrates that America
will unite to provide relief to the victims of these cowardly
terrorist acts;
(5) the American people stand together to resist all
attempts to steal their freedom; and
(6) united, Americans will be victorious over their
enemies, whether known or unknown.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Secretary of the Treasury should--
(A) immediately issue savings bonds, to be designated as
``Unity Bonds''; and
(B) report quarterly to Congress on the revenue raised from
the sale of Unity Bonds; and
(2) the proceeds from the sale of Unity Bonds should be
directed to the purposes of rebuilding America and fighting
the war on terrorism.
SEC. 1075. PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR
DEPARTMENT OF DEFENSE PENTAGON RESERVATION
CIVILIAN LAW ENFORCEMENT AND SECURITY FORCE.
Section 2674(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before the text in the first
paragraph of that subsection;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following new paragraph:
``(2) For positions whose permanent duty station is the
Pentagon Reservation, the Secretary, in his sole and
exclusive discretion, may without regard to the pay
provisions of title 5, fix the rates of basic pay for such
positions occupied by civilian law enforcement and security
personnel appointed under the authority of this section so as
to place such personnel on a comparable basis with other
similar Federal law enforcement and security organizations
within the vicinity of the Pentagon Reservation, not to
exceed basic pay for personnel performing similar duties in
the Uniformed Division of the Secret Service or the Park
Police.
SEC. 1076. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF
NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is amended by
adding at the end the following:
``(h) Waiver for a Route in State of Maine During Periods
of National Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary, in consultation with the
Secretary of Defense, may waive or limit the application of
any vehicle weight limit established under this section with
respect to the portion of Interstate Route 95 in the State of
Maine between Augusta and Bangor for the purpose of making
bulk shipments of jet fuel to the Air National Guard Base at
Bangor International Airport during a period of national
emergency in order to respond to the effects of the national
emergency.
``(2) Applicability.--Emergency limits established under
paragraph (1) shall preempt any inconsistent State vehicle
weight limits.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Subtitle A--Intelligence Personnel
SEC. 1101. AUTHORITY TO INCREASE MAXIMUM NUMBER OF POSITIONS
IN THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE
SERVICE.
Section 1606(a) of title 10, United States Code, is amended
by striking ``517.'' and inserting the following: ``517,
except that the Secretary may increase such maximum number by
one position for each Senior Intelligence Service position in
the Central Intelligence Agency that is permanently
eliminated by the Director of Central Intelligence after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2002. In no event may the number of
positions in the Defense Intelligence Senior Executive
Service exceed 544.''.
SEC. 1102. CONTINUED APPLICABILITY OF CERTAIN CIVIL SERVICE
PROTECTIONS FOR EMPLOYEES INTEGRATED INTO THE
NATIONAL IMAGERY AND MAPPING AGENCY FROM THE
DEFENSE MAPPING AGENCY.
Section 1612(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4)(A) If not otherwise applicable to an employee
described in subparagraph (B), subchapters II and IV of
chapter 75 of title 5 shall continue to apply to the employee
for as long as the employee serves on and after October 1,
1996, without a break in service, as an employee of the
Department of Defense in any position, or successively in two
or more positions, in the National Imagery and Mapping
Agency.
``(B) This paragraph applies to a person who--
``(i) on September 30, 1996, was employed as an employee of
the Department of Defense in a position in the Defense
Mapping Agency to whom subchapters II and IV of title 5
applied; and
``(ii) on October 1, 1996, became an employee of the
National Imagery and Mapping Agency under paragraph 1601(a)
of this title.''.
Subtitle B--Matters Relating to Retirement
SEC. 1111. FEDERAL EMPLOYMENT RETIREMENT CREDIT FOR
NONAPPROPRIATED FUND INSTRUMENTALITY SERVICE.
(a) Civil Service Retirement System.--(1) Section 8332(b)
of title 5, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (15);
(B) by striking the period at the end of paragraph (16) and
inserting ``; and'';
(C) by inserting after paragraph (16) the following new
paragraph:
``(17) service performed by any individual as an employee
of a nonappropriated fund instrumentality of the Department
of Defense or the Coast Guard described in section 2105(c) of
this title that is not covered by paragraph (16), if the
individual elects (in accordance with regulations prescribed
by the Office) at the time of separation from service to have
such service credited under this paragraph.'';
(D) in the last sentence, by inserting ``or (17)'' after
``service of the type described in paragraph (16)''; and
[[Page H6999]]
(E) by inserting after the last sentence the following:
``Service credited under paragraph (17) may not also be
credited under any other retirement system provided for
employees of a nonappropriated fund instrumentality.''.
(2) Section 8334 of such title is amended by adding at the
end the following new subsection:
``(o) Notwithstanding subsection (c), no deposit may be
made with respect to service credited under section
8332(b)(17) of this title.''.
(3) Section 8339 of such title is amended by adding at the
end the following new subsection:
``(u) The annuity of an employee retiring under this
subchapter with service credited under section 8332(b)(17) of
this title shall be reduced to the maximum amount necessary
to ensure that the present value of the annuity payable to
the employee is actuarially equivalent to the present value
of the annuity that would be payable to the employee under
this subchapter if it were computed on the basis of service
that does not include service credited under section
8332(b)(17) of this title. The amount of the reduction shall
be computed under regulations prescribed by the Office of
Personnel Management for the administration of this
subsection.''.
(b) Federal Employees' Retirement System.--(1) Section 8411
of such title is amended--
(A) in subsection (b)--
(i) by striking ``and'' at the end of paragraph (4);
(ii) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(iii) by inserting after paragraph (5) the following new
paragraph:
``(6) service performed by any individual as an employee of
a nonappropriated fund instrumentality of the Department of
Defense or the Coast Guard described in section 2105(c) of
this title, if the individual elects (in accordance with
regulations prescribed by the Office) at the time of
separation from service to have such service credited under
this paragraph.''; and
(B) by adding at the end the following new subsection:
``(k)(1) The Office of Personnel Management shall accept,
for the purposes if this chapter, the certification of the
head of a nonappropriated fund instrumentality of the United
States concerning service of the type described in subsection
(b)(6) that was performed for such nonappropriated fund
instrumentality.
``(2) Service credited under subsection (b)(6) may not also
be credited under any other retirement system provided for
employees of a nonappropriated fund instrumentality.''.
(2)(A) Section 8422 of such title is amended by adding at
the end the following new subsection:
``(g) No deposit may be made with respect to service
credited under section 8411(b)(6) of this title.''.
(B) The heading for such section is amended to read as
follows:
``Sec. 8422. Deductions from pay; contributions for other
service''.
(C) The item relating to such section in the table of
contents at the beginning of chapter 84 of title 5, United
States Code, is amended to read as follows:
``8422. Deductions from pay; contributions for other service.''.
(3) Section 8415 of such title is amended by adding at the
end the following new subsection:
``(j) The annuity of an employee retiring under this
chapter with service credited under section 8411(b)(6) of
this title shall be reduced to the maximum amount necessary
to ensure that the present value of the annuity payable to
the employee under this subchapter is actuarially equivalent
to the present value of the annuity that would be payable to
the employee under this subchapter if it were computed on the
basis of service that does not include service credited under
section 8411(b)(6) of this title. The amount of the reduction
shall be computed under regulations prescribed by the Office
of Personnel Management for the administration of this
subsection.''.
(c) Applicability.--The amendments made by this section
shall apply only to separations from service as an employee
of the United States on or after the date of the enactment of
this Act.
SEC. 1112. IMPROVED PORTABILITY OF RETIREMENT COVERAGE FOR
EMPLOYEES MOVING BETWEEN CIVIL SERVICE
EMPLOYMENT AND EMPLOYMENT BY NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Civil Service Retirement System.--Section 8347(q) of
title 5, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' at the end of subparagraph (A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term'' and all that follows
through ``such system''.
(b) Federal Employees' Retirement System.--Section 8461(n)
of such title is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' at the end of subparagraph (A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term'' and all that follows
through ``such system''.
SEC. 1113. REPEAL OF LIMITATIONS ON EXERCISE OF VOLUNTARY
SEPARATION INCENTIVE PAY AUTHORITY AND
VOLUNTARY EARLY RETIREMENT AUTHORITY.
Section 1153(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-323) is amended--
(1) in paragraph (1), by striking ``Subject to paragraph
(2), the'' and inserting ``The'';
(2) by striking paragraph (2); and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
Subtitle C--Other Matters
SEC. 1121. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS
OF CADETS AT THE UNITED STATES MILITARY
ACADEMY.
Section 4337 of title 10, United States Code, is amended by
striking the second sentence and inserting the following:
``The chaplain is entitled to a housing allowance equal to
the basic allowance for housing that is applicable for an
officer in pay grade O-5 at the Academy under section 403 of
title 37, and to fuel and light for quarters in kind.''.
SEC. 1122. STUDY OF ADEQUACY OF COMPENSATION PROVIDED FOR
TEACHERS IN THE DEPARTMENT OF DEFENSE OVERSEAS
DEPENDENTS' SCHOOLS.
(a) Requirement for Study.--The Comptroller General shall
carry out a study of the adequacy of the pay and other
elements of the compensation provided for teachers in the
defense dependents' education system established under the
Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et
seq.).
(b) Specific Considerations.--In carrying out the study,
the Comptroller General shall consider the following issues:
(1) Whether the compensation is adequate for recruiting and
retaining high quality teachers.
(2) Whether any revision of the Defense Department Overseas
Teachers Pay and Personnel Practices Act (20 U.S.C. 901 et
seq) or the regulations under that Act is advisable to
address any problems identified with respect to the
recruitment and retention of high quality teachers or for
other purposes.
(c) Report.--The Comptroller General shall submit a report
on the results of the study to Congress not later than March
1, 2002. The report shall include the following:
(1) The Comptroller General's conclusions on the issues
considered.
(2) Any recommendations for actions that the Comptroller
General considers appropriate.
SEC. 1123. PILOT PROGRAM FOR PAYMENT OF RETRAINING EXPENSES
INCURRED BY EMPLOYERS OF PERSONS INVOLUNTARILY
SEPARATED FROM EMPLOYMENT BY THE DEPARTMENT OF
DEFENSE.
(a) Authority.--The Secretary of Defense may carry out a
pilot program in accordance with this section to facilitate
the reemployment of employees of the Department of Defense
who are being separated as described in subsection (b) by
providing employers outside the Federal Government with
retraining incentive payments to encourage those employers to
hire, train, and retain such employees.
(b) Covered Employees.--A retraining incentive payment may
be made under subsection (c) with respect to a person who--
(1) has been involuntarily separated from employment by the
United States due to--
(A) a reduction in force (within the meaning of chapter 35
of title 5, United States Code); or
(B) a relocation resulting from a transfer of function
(within the meaning of section 3503 of title 5, United States
Code), realignment, or change of duty station; and
(2) when separated--
(A) was employed without time limitation in a position in
the Department of Defense;
(B) had been employed in such position or any combination
of positions in the Department of Defense for a continuous
period of at least one year;
(C) was not a reemployed annuitant under subchapter III of
chapter 83 of title 5, United States Code, chapter 84 of such
title, or another retirement system for employees of the
Federal Government;
(D) was not eligible for an immediate annuity under
subchapter III of chapter 83 of title 5, United States Code,
or subchapter II of chapter 84 of such title; and
(E) was not eligible for disability retirement under any of
the retirement systems referred to in subparagraph (C).
(c) Retraining Incentive.--(1) Under the pilot program, the
Secretary may pay a retraining incentive to any person
outside the Federal Government that, pursuant to an agreement
entered into under subsection (d), employs a former employee
of the United States referred to in subsection (b).
(2) For employment of a former employee that is continuous
for one year, the amount of any retraining incentive paid to
the employer under paragraph (1) shall be the lesser of--
(A) the amount equal to the total cost incurred by the
employer for any necessary training provided to the former
employee in connection with the employment by that employer,
as determined by the Secretary taking into consideration a
certification by the employer under subsection (d); or
(B) $10,000.
(3) For employment of a former employee that terminates
within one year after the
[[Page H7000]]
employment begins, the amount of any retraining incentive
paid to the employer under paragraph (1) shall be equal to
the amount that bears the same ratio to the amount computed
under paragraph (2) as the period of continuous employment of
the employee by that employer bears to one year.
(4) The cost of the training of a former employee of the
United States for which a retraining incentive is paid to an
employer under this subsection may include any cost incurred
by the employer for training that commenced for the former
employee after the former employee, while still employed by
the Department of Defense, received a notice of the
separation from employment by the United States.
(5) Not more than one retraining incentive may be paid with
respect to a former employee under this subsection.
(d) Employer Agreement.--Under the pilot program, the
Secretary shall enter into an agreement with an employer
outside the Federal Government that provides for the
employer--
(1) to employ a person described in subsection (b) for at
least one year for a salary or rate of pay that is mutually
agreeable to the employer and such person; and
(2) to certify to the Secretary the cost incurred by the
employer for any necessary training provided to such person
in connection with the employment of the person by that
employer.
(e) Necessary Training.--For the purposes of this section,
the necessity of training provided a former employee of the
Department of Defense shall be determined under regulations
prescribed by the Secretary of Defense for the administration
of this section.
(f) Termination of Pilot Program.--No retraining incentive
may be paid under this section for training commenced after
September 30, 2005.
SEC. 1124. PARTICIPATION OF PERSONNEL IN TECHNICAL STANDARDS
DEVELOPMENT ACTIVITIES.
Subsection (d) of section 12 of the National Technology
Transfer and Advancement Act of 1995 (109 Stat. 783; 15
U.S.C. 272 note) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Expenses of government personnel.--Section 5946 of
title 5, United States Code, shall not apply with respect to
any activity of an employee of a Federal agency or department
that is determined by the head of that agency or department
as being an activity undertaken in carrying out this
subsection.''.
SEC. 1125. AUTHORITY TO EXEMPT CERTAIN HEALTH CARE
PROFESSIONALS FROM EXAMINATION FOR APPOINTMENT
IN THE COMPETITIVE CIVIL SERVICE.
(a) Authority To Exempt.--Chapter 81 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 1599d. Appointment in competitive civil service of
certain health care professionals: exemption from
examination
``(a) Authority To Exempt.--The Secretary of Defense may
appoint in the competitive civil service without regard to
the provisions of subchapter I of chapter 33 of title 5
(other than sections 3303, 3321, and 3328 of such title) an
individual who has a recognized degree or certificate from an
accredited institution in a covered health-care profession or
occupation.
``(b) Covered Health-Care Profession or Occupation.--For
purposes of subsection (a), a covered health-care profession
or occupation is any of the following:
``(1) Physician.
``(2) Dentist.
``(3) Podiatrist.
``(4) Optometrist.
``(5) Pharmacist.
``(6) Nurse.
``(7) Physician assistant.
``(8) Audiologist.
``(9) Expanded-function dental auxiliary.
``(10) Dental hygienist.
``(c) Preferences in Hiring.--In using the authority
provided by this section, the Secretary shall apply the
principles of preference for the hiring of veterans and other
persons established in subchapter I of chapter 33 of title
5.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1599d. Appointment in competitive civil service of certain health
care professionals: exemption from examination.''.
SEC. 1126. PROFESSIONAL CREDENTIALS.
(a) In General.--Chapter 57 of title 5, United States Code,
as amended by this Act, is amended by adding at the end the
following:
``Sec. 5758. Expenses for credentials
``(a) An agency may use appropriated or other available
funds to pay for--
``(1) employee credentials, including professional
accreditation, State-imposed and professional licenses, and
professional certifications; and
``(2) examinations to obtain such credentials.
``(b) No authority under subsection (a) may be exercised on
behalf of any employee occupying or seeking to qualify for
appointment to any position which is excepted from the
competitive service because of its confidential, policy-
determining, policy-making, or policy-advocating
character.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by adding at the end the following:
``5758. Expenses for credentials.''.
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 2002 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2002
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 $403,000,000
authorized to be appropriated to the Department of Defense
for fiscal year 2002 in section 301(23) for Cooperative
Threat Reduction programs, not more than the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$133,405,000.
(2) For strategic nuclear arms elimination in Ukraine,
$51,500,000.
(3) For weapons of mass destruction infrastructure
elimination in Ukraine, $6,024,000.
(4) For weapons of mass destruction infrastructure
elimination in Kazakhstan, $6,000,000.
(5) For weapons transportation security in Russia,
$9,500,000.
(6) For weapons storage security in Russia, $56,000,000.
(7) For implementation of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $41,700,000.
(8) For biological weapons proliferation prevention
activities in the former Soviet Union, $17,000,000.
(9) For chemical weapons destruction in Russia,
$50,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $13,221,000.
(11) For defense and military contacts, $18,650,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2002 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 2002 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(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 2002 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.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in
paragraph (7), (10) or (11) of subsection (a) in excess of
115 percent of the amount specifically authorized for such
purposes.
SEC. 1203. CHEMICAL WEAPONS DESTRUCTION.
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C.
5952 note) is amended--
(1) by inserting ``(a) Limitation.--'' before ``No fiscal
year'';
(2) in subsection (a), as so designated, by inserting
before the period at the end the following: ``until the
Secretary of Defense submits to Congress a certification that
there has been--
``(1) full and accurate disclosure by Russia of the size of
its existing chemical weapons stockpile;
``(2) a demonstrated annual commitment by Russia to
allocate at least $25,000,000 to chemical weapons
elimination;
[[Page H7001]]
``(3) development by Russia of a practical plan for
destroying its stockpile of nerve agents;
``(4) enactment of a law by Russia that provides for the
elimination of all nerve agents at a single site;
``(5) an agreement by Russia to destroy or convert its
chemical weapons production facilities at Volgograd and
Novocheboksark; and
``(6) a demonstrated commitment from the international
community to fund and build infrastructure needed to support
and operate the facility.''; and
(3) by adding at the end the following new subsection:
``(b) Omission of Certain Information.--The Secretary may
omit from the certification under subsection (a) the matter
specified in paragraph (1) of that subsection, and the
certification with the matter so omitted shall be effective
for purposes of that subsection, if the Secretary includes
with the certification notice to Congress of a determination
by the Secretary that it is not in the national security
interests of the United States for the matter specified in
that paragraph to be included in the certification, together
with a justification of the determination.''.
SEC. 1204. MANAGEMENT OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Authority over Management.--The Secretary of Defense
shall have authority, direction, and control over the
management of Cooperative Threat Reduction programs and the
funds for such programs.
(b) Implementing Agent.--The Defense Threat Reduction
Agency shall be the implementing agent of the Department of
Defense for the functions of the Department relating to
Cooperative Threat Reduction programs.
(c) Specification of Funds in Department of Defense
Budget.--The budget justification materials submitted to
Congress in support of the budget of the Department of
Defense for each fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31, United
States Code) shall include amounts, if any, requested for
such fiscal year for Cooperative Threat Reduction programs.
SEC. 1205. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES
AND ASSISTANCE UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
Section 1308(c) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (at enacted by Public
Law 106-398; 114 Stat. 1654A-341) is amended by adding at the
end of the following new paragraph:
``(6) A description of the amount of the financial
commitment from the international community, and from Russia,
for the chemical weapons destruction facility located at
Shchuch'ye, Russia, for the fiscal year beginning in the year
in which the report is submitted.''.
Subtitle B--Other Matters
SEC. 1211. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2002--The total amount of the assistance for fiscal year 2002
that is provided by the Secretary of Defense under section
1505 of the Weapons of Mass Destruction Control Act of 1992
(22 U.S.C. 5859a) as activities of the Department of Defense
in support of activities under that Act may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended
by striking ``2001'' and inserting ``2002''.
SEC. 1212. COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS WITH
NATO AND OTHER COUNTRIES.
(a) Eligibility of Friendly Foreign Countries.--Section
2350a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a) Authority To Engage in
Cooperative R&D Pro-
jects.--'';
(B) by striking ``major allies of the United States or NATO
organizations'' and inserting ``countries or organizations
referred to in paragraph (2)''; and
(C) by adding at the end the following new paragraph:
``(2) The countries and organizations with which the
Secretary may enter into a memorandum of agreement (or other
formal agreement) under paragraph (1) are as follows:
``(A) The North Atlantic Treaty Organization.
``(B) A NATO organization.
``(C) A member nation of the North Atlantic Treaty
Organization.
``(D) A major non-NATO ally.
``(E) Any other friendly foreign country.'';
(2) in subsection (b), by striking ``its major non-NATO
allies'' and inserting ``a country or organization referred
to in subsection (a)(2)'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``the major allies of the
United States'' and inserting ``countries and organizations
referred to in subsection (a)(2)''; and
(B) in paragraph (2)--
(i) by striking ``major ally of the United States'' and
inserting ``country or organization referred to in subsection
(a)(2)''; and
(ii) by striking ``ally's'' and inserting ``country's or
organization's'';
(4) in subsection (e)(2)--
(A) in subparagraph (A), by striking ``one or more of the
major allies of the United States'' and inserting ``any
country or organization referred to in subsection (a)(2)'';
(B) in subparagraph (B), by striking ``major allies of the
United States or NATO organizations'' and inserting
``countries and organizations referred to in subsection
(a)(2)'';
(C) in subparagraph (C), by striking ``major allies of the
United States'' and inserting ``countries and organizations
referred to in subsection (a)(2)''; and
(D) in subparagraph (D), by striking ``major allies of the
United States'' and inserting ``countries and organizations
referred to in subsection (a)(2)'';
(5) paragraphs (1)(A) and (4)(A) of subsection (g), by
striking ``major allies of the United States and other
friendly foreign countries'' and inserting ``countries
referred to in subsection (a)(2)''; and
(6) in subsection (i)--
(A) in paragraph (1), by striking ``major allies of the
United States or NATO organizations'' and inserting
``countries and organizations referred to in subsection
(a)(2)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (4) as paragraph (2), and by
transferring that paragraph, as so redesignated, within that
subsection and inserting the paragraph after paragraph (1).
(b) Delegation of Authority To Determine Eligibility of
Projects.--Subsection (b)(2) of such section is amended by
striking ``or the Under Secretary of Defense for Acquisition
and Technology'' and inserting ``and to one other official of
the Department of Defense''.
(c) Revision of Requirement for Annual Report on Eligible
Countries.--Subsection (f)(2) of such section is amended to
read as follows:
``(2) Not later than January 1 of each year, the Secretary
of Defense shall submit to the Committees on Armed Services
and on Foreign Relations of the Senate and to the Committees
on Armed Services and on International Relations of the House
of Representatives a report specifying--
``(A) the countries that are eligible to participate in a
cooperative project agreement under this section; and
``(B) the criteria used to determine the eligibility of
such countries.''.
(d) Conforming Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2350a. Cooperative research and development
agreements: NATO and foreign countries''.
(2) The item relating to such section in the table of
sections at the beginning of subchapter II of chapter 138 of
title 10, United States Code, is amended to read as follows:
``2350a. Cooperative research and development agreements: NATO and
foreign countries.''.
SEC. 1213. INTERNATIONAL COOPERATIVE AGREEMENTS ON USE OF
RANGES AND OTHER FACILITIES FOR TESTING OF
DEFENSE EQUIPMENT.
(a) Authority.--Chapter 138 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2350l. Cooperative use of ranges and other facilities
for testing of defense equipment: agreements with foreign
countries and international organizations
``(a) Authority.--The Secretary of Defense, with the
concurrence of the Secretary of State, may enter into a
memorandum of understanding (or other formal agreement) with
a foreign country or international organization to provide
reciprocal access by the United States and such country or
organization to each other's ranges and other facilities for
testing of defense equipment.
``(b) Payment of Costs.--A memorandum or other agreement
entered into under subsection (a) shall include provisions
for charging a user of a range or other facility for test and
evaluation services furnished by the officers, employees, or
governmental agencies of the supplying country or
international organization under the memorandum or other
agreement. The provisions for charging a user shall conform
to the following pricing principles:
``(1) The user shall be charged the amount equal to the
direct costs incurred by the country or international
organization to supply the services.
``(2) The user may also be charged indirect costs of the
use of the range or other facility, but only to the extent
specified in the memorandum or other agreement.
``(c) Retention of Funds Collected by the United States.--
Amounts collected from the user of a range or other facility
of the United States under a memorandum of understanding or
other formal agreement entered into under subsection (a)
shall be credited to the appropriation from which the costs
incurred by the United States in providing support for the
use of the range or other facility by that user were paid.
``(d) Delegation of Authority.--The Secretary of Defense
may delegate only to the Deputy Secretary of Defense and to
one other official of the Department of Defense authority to
determine the appropriateness of the amount of indirect costs
charged the United States under a memorandum or other
agreement entered into under subsection (a).
``(e) Definitions.--In this section:
``(1) The term `direct cost', with respect to testing and
evaluation under a memorandum or other agreement entered into
under subsection (a)--
``(A) means any item of cost that--
``(i) is easily and readily identified to a specific unit
of work or output within the
[[Page H7002]]
range or other facility where the testing and evaluation
occurred under the memorandum or other agreement; and
``(ii) would not have been incurred if the testing and
evaluation had not taken place; and
``(B) may include costs of labor, materials, facilities,
utilities, equipment, supplies, and any other resources of
the range or other facility that are consumed or damaged in
connection with--
``(i) the conduct of the test and evaluation; or
``(ii) the maintenance of the range or other facility for
the use of the country or international organization under
the memorandum or other agreement.
``(2) The term `indirect cost', with respect to testing and
evaluation under a memorandum or other agreement entered into
under subsection (a)--
``(A) means any item of cost that cannot readily be
identified directly to a specific unit of work or output; and
``(B) may include general and administrative expenses for
such activities as supporting base operations, manufacturing,
supervision, procurement of office supplies, and utilities
that are accumulated costs allocated among several users.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2350l. Cooperative use of ranges and other facilities for testing of
defense equipment: agreements with foreign countries and
international organizations.''.
SEC. 1214. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR TEST
MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS.
(a) Redesignation of Existing Authority.--(1) Section 2555
of title 10, United States Code, as added by section 1203 of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat.
1654A-324), is redesignated as section 2565 of that title.
(2) The table of sections at the beginning of chapter 152
of that title is amended by striking the item relating to
section 2555, as so added, and inserting the following new
item:
``2565. Nuclear test monitoring equipment: furnishing to foreign
governments.''.
(b) Clarification of Authority.--Section 2565 of that
title, as so redesignated by subsection (a), is further
amended--
(1) in subsection (a)--
(A) by striking ``Convey or'' in the subsection heading and
inserting ``Transfer Title to or Otherwise'';
(B) in paragraph (1)--
(i) by striking ``convey'' and inserting ``transfer
title''; and
(ii) by striking ``and'' at the end;
(C) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(3) inspect, test, maintain, repair, or replace any such
equipment.''; and
(2) in subsection (b)--
(A) by striking ``conveyed or otherwise provided'' and
inserting ``provided to a foreign government'';
(B) by inserting ``and'' at the end of paragraph (1);
(C) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(D) by striking paragraph (3).
SEC. 1215. PARTICIPATION OF GOVERNMENT CONTRACTORS IN
CHEMICAL WEAPONS INSPECTIONS AT UNITED STATES
GOVERNMENT FACILITIES UNDER THE CHEMICAL
WEAPONS CONVENTION.
(a) Authority.--Section 303(b)(2) of the Chemical Weapons
Convention Implementation Act of 1998 (22 U.S.C. 6723(b)(2))
is amended by inserting after ``designation of employees of
the Federal Government'' the following: ``(and, in the case
of an inspection of a United States Government facility, the
designation of contractor personnel who shall be led by an
employee of the Federal Government)''.
(b) Credentials.--Section 304(c) of such Act (22 U.S.C.
6724(c)) is amended by striking ``Federal government'' and
inserting ``Federal Government (and, in the case of an
inspection of a United States Government facility, any
accompanying contractor personnel)''.
SEC. 1216. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES.
(a) Transfers by Grant.--The President is authorized to
transfer vessels to foreign countries on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) as follows:
(1) Poland.--To the Government of Poland, the OLIVER HAZARD
PERRY class guided missile frigate WADSWORTH (FFG 9).
(2) Turkey.--To the Government of Turkey, the KNOX class
frigates CAPODANNO (FF 1093), THOMAS C. HART (FF 1092),
DONALD B. BEARY (FF 1085), McCANDLESS (FF 1084), REASONER (FF
1063), and BOWEN (FF 1079).
(b) Transfers by Sale.--The President is authorized to
transfer vessels to foreign governments and foreign
governmental entities on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761) as follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the
Taiwan instrumentality designated pursuant to section 10(a)
of the Taiwan Relations Act), the KIDD class guided missile
destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT (DDG
995), and CHANDLER (DDG 996).
(2) Turkey.--To the Government of Turkey, the OLIVER HAZARD
PERRY class guided missile frigates ESTOCIN (FFG 15) and
SAMUEL ELIOT MORISON (FFG 13).
(c) Additional Congressional Notification Not Required.--
Except as provided in subsection (d), the following
provisions do not apply with respect to transfers authorized
by this section:
(1) Section 516(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(f)).
(2) Section 524 of the Foreign Operations, Export
Financing, and Related Programs Appropriation Act, 2001 (as
enacted by Public Law 106-429; 114 Stat. 1900A-30) and any
similar successor provision.
(d) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
authority provided by subsection (a) shall not be counted for
the purposes of subsection (g) of that section in the
aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(e) Costs of Transfers on Grant Basis.--Any expense
incurred by the United States in connection with a transfer
authorized by this section shall be charged to the recipient
(notwithstanding section 516(e)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a
transfer authorized to be made on a grant basis under
subsection (a).
(f) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the country to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of
that country, performed at a shipyard located in the United
States, including a United States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the 2-
year period beginning on the date of the enactment of this
Act.
SEC. 1217. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY
FORCES.
Section 5 of the Multinational Force and Observers
Participation Resolution (22 U.S.C. 3424) is amended by
adding at the end the following new subsection:
``(d)(1) The United States may use contractors to provide
logistical support to the Multinational Force and Observers
under this section in lieu of providing such support through
a logistical support unit composed of members of the United
States Armed Forces.
``(2) Notwithstanding subsections (a) and (b) and section
7(b), support by a contractor under this subsection may be
provided without reimbursement whenever the President
determines that such action enhances or supports the national
security interests of the United States.''.
SEC. 1218. PERSONAL SERVICES CONTRACTS TO BE PERFORMED BY
INDIVIDUALS OR ORGANIZATIONS ABROAD.
Section 2 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2669) is amended by adding at the end the
following:
``(n) exercise the authority provided in subsection (c),
upon the request of the Secretary of Defense or the head of
any other department or agency of the United States, to enter
into personal service contracts with individuals to perform
services in support of the Department of Defense or such
other department or agency, as the case may be.''.
SEC. 1219. ALLIED DEFENSE BURDENSHARING.
It is the sense of the Senate that--
(1) the efforts of the President to increase defense
burdendsharing by allied and friendly nations deserve strong
support;
(2) host nations support agreements with those nations in
which United States military personnel are assigned to
permanent duty ashore should be negotiated consistent with
section 1221(a)(1) of the National Defense Authorization Act
for Fiscal Year 1998 (P.L. 105-85) which sets forth a goal of
obtaining financial contributions from host nations that
amount to 75 percent of the nonpersonnel costs incurred by
the United States Government for stationing military
personnel in those nations.
SEC. 1220. RELEASE OF RESTRICTION ON USE OF CERTAIN VESSELS
PREVIOUSLY AUTHORIZED TO BE SOLD.
Section 3603(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2273) is amended by striking ``for full use as an
oiler''.
TITLE XIII--CONTINGENT AUTHORIZATION OF APPROPRIATIONS
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS CONTINGENT ON
INCREASED ALLOCATION OF NEW BUDGET AUTHORITY.
(a) In General.--Notwithstanding any other provision of
this Act, the total amounts authorized to be appropriated
under subtitle A of title I, sections 201, 301, and 302,
[[Page H7003]]
and division B are authorized to be appropriated in
accordance with those provisions without reduction under
section 1302 only if--
(1) the Chairman of the Committee on the Budget of the
Senate--
(A) determines, for the purposes of section 217(b) of the
Concurrent Resolution on the Budget for Fiscal Year 2002,
that the appropriation of all of the amounts specified in
section 1302 would not, when taken together with all other
previously enacted legislation (except for legislation
enacted pursuant to section 211 of such concurrent
resolution) reduce the on-budget surplus below the level of
the Medicare Hospital Insurance Trust Fund surplus in any
fiscal year covered by the concurrent resolution; and
(B) increases the allocation of new budget authority for
defense spending in accordance with section 217(a) of the
Concurrent Resolution on the Budget for Fiscal Year 2002; or
(2) the Senate--
(A) by a vote of at least three-fifths of the Members of
the Senate duly chosen and sworn, waives the point of order
under section 302(f) of the Congressional Budget and
Impoundment Control Act of 1974 with respect to an
appropriation bill or resolution that provides new budget
authority for the National Defense major functional category
(050) in excess of the amount specified for the defense
category in section 203(c)(1)(A) of the Concurrent Resolution
on the Budget for Fiscal Year 2002; and
(B) approves the appropriation bill or resolution.
(b) Full or Partial Authorization.--(1) If the total amount
of the new budget authority allocated or available for the
National Defense major functional category (050) for fiscal
year 2002 is increased as described in subsection (a) by at
least $18,448,601,000 over the amount of the new budget
authority allocated for that category for fiscal year 2002 by
the Concurrent Resolution on the Budget for Fiscal Year 2002,
the reductions under section 1302 shall not be made.
(2) If the total amount of new budget authority allocated
or available for the National Defense major functional
category (050) for fiscal year 2002 is increased as described
in subsection (a) by less than $18,448,601,000 over the
amount of the new budget authority allocated for that
category for fiscal year 2002 by the Concurrent Resolution on
the Budget for Fiscal Year 2002, each of the total amounts
referred to in section 1302 shall be reduced by a
proportionate amount of the difference between
$18,448,601,000 and the amount of the increase in the
allocated new budget authority.
SEC. 1302. REDUCTIONS.
Until such time as the amount of the new budget authority
allocated or available for the National Defense major
functional category (050) for fiscal year 2002 is increased
as described in section 1301(a), the total amounts authorized
to be appropriated by provisions of this Act are reduced as
follows:
(1) For the total amount authorized to be appropriated for
procurement by subtitle A of title I, the reduction is
$2,100,854,000.
(2) For the total amount authorized to be appropriated for
research, development, test and evaluation by section 201,
the reduction is $3,033,434,000.
(3) For the total amount authorized to be appropriated for
operation and maintenance by section 301, the reduction is
$8,737,773,000.
(4) For the total amount authorized to be appropriated for
working capital and revolving funds by section 302, the
reduction is $1,018,394,000.
(5) For the total amount authorized to be appropriated by
division B, the reduction is $348,065,000.
SEC. 1303. REFERENCE TO CONCURRENT RESOLUTION ON THE BUDGET
FOR FISCAL YEAR 2002.
For the purposes of this title, a reference to the
Concurrent Resolution on the Budget for Fiscal Year 2002 is a
reference to House Concurrent Resolution 83 (107th Congress,
1st session).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2002''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $5,150,000
Fort Rucker................................ $11,400,000
Redstone Arsenal........................... $7,200,000
Alaska.......................................... Fort Richardson............................ $115,000,000
Fort Wainwright............................ $27,200,000
Arizona......................................... Fort Huachuca.............................. $6,100,000
Colorado........................................ Fort Carson................................ $66,000,000
District of Columbia............................ Fort McNair................................ $11,600,000
Georgia......................................... Fort Benning............................... $23,900,000
Fort Gillem................................ $34,600,000
Fort Gordon................................ $34,000,000
Fort Stewart/Hunter Army Air Field......... $39,800,000
Hawaii.......................................... Navy Public Works Center, Pearl Harbor..... $11,800,000
Pohakuloa Training Facility................ $6,600,000
Wheeler Army Air Field..................... $50,000,000
Illinois........................................ Rock Island Arsenal........................ $3,500,000
Kansas.......................................... Fort Riley................................. $10,900,000
Kentucky........................................ Fort Campbell.............................. $88,900,000
Fort Knox.................................. $11,600,000
Louisiana....................................... Fort Polk.................................. $21,200,000
Maryland........................................ Aberdeen Proving Ground.................... $58,300,000
Fort Meade................................. $5,800,000
Missouri........................................ Fort Leonard Wood.......................... $7,850,000
New Jersey...................................... Fort Monmouth.............................. $20,000,000
New Mexico...................................... White Sands Missile Range.................. $7,600,000
New York........................................ Fort Drum.................................. $37,850,000
North Carolina.................................. Fort Bragg................................. $21,300,000
Sunny Point Military Ocean Terminal........ $11,400,000
Oklahoma........................................ Fort Sill.................................. $40,100,000
South Carolina.................................. Fort Jackson............................... $62,000,000
Texas........................................... Fort Hood.................................. $86,200,000
Fort Sam Houston........................... $2,250,000
Virginia........................................ Fort Belvoir............................... $35,950,000
Fort Eustis................................ $34,650,000
Fort Lee................................... $23,900,000
Washington...................................... Fort Lewis................................. $238,200,000
------------------
Total:................................... $1,279,500,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Area Support Group, $36,000,000
Bamberg.
Area Support Group, $13,500,000
Darmstadt.
Baumholder............. $9,000,000
Hanau.................. $7,200,000
[[Page H7004]]
Heidelberg............. $15,300,000
Mannheim............... $16,000,000
Wiesbaden Air Base..... $26,300,000
Korea.......................... Camp Carroll........... $16,593,000
Camp Casey............. $8,500,000
Camp Hovey............. $35,750,000
Camp Humphreys......... $14,500,000
Camp Jackson........... $6,100,000
Camp Stanley........... $28,000,000
Kwajalein...................... Kwajalein Atoll........ $11,000,000
---------------
Total:............... $243,743,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installation and location, and in the amount, set forth in
the following table:
Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $4,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(6)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or county Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... 32 Units..................... $12,000,000
Arizona............................... Fort Huachuca............ 72 Units..................... $10,800,000
Kansas................................ Fort Leavenworth......... 40 Units..................... $20,000,000
Texas................................. Fort Bliss............... 76 Units..................... $13,600,000
Fort Sam Houston......... 80 Units..................... $11,200,000
Korea................................. Camp Humphreys........... 54 Units..................... $12,800,000
---------------
Total:................. ............................. $80,400,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $12,702,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $220,750,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $3,068,303,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,027,300,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $243,743,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c),
$4,000,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $18,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $142,198,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$313,852,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,108,991,000.
(7) For the Homeowners Assistance Program, as authorized by
section 2832 of title 10, United States Code, $10,119,000, to
remain available until expended.
(8) For the construction of the Cadet Development Center,
United States Military Academy, West Point, New York,
authorized in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2182), $37,900,000.
(9) For the construction of a Barracks Complex--Tagaytay
Street Phase 2C, Fort Bragg, North Carolina, authorized in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65;
113 Stat. 824), $17,500,000.
(10) For the construction of a Barracks Complex--Wilson
Street, Phase 1C, Schofield Barracks, Hawaii, authorized in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (113 Stat. 824), $23,000,000.
(11) For construction of a Basic Combat Training Complex
Phase 2, Fort Leonard Wood, Missouri, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted by
Public Law 106-398); 114 Stat. 1654A-389), $27,000,000.
(12) For the construction of the Battle Simulation Center
Phase 2, Fort Drum, New York, authorized in section 2101(a)
of the Military Construction Authorization Act for Fiscal
Year 2001 (114 Stat. 1654A-389), $9,000,000.
(13) For the construction of a Barracks Complex--Bunter
Road Phase 2, Fort Bragg, North Carolina, authorized in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (114 Stat. 1654A-389), $49,000,000.
(14) For the construction of a Barracks Complex--Longstreet
Road Phase 2, Fort Bragg, North Carolina, authorized in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (114 Stat. 1654A-389), $27,000,000.
(15) For the construction of a Multipurpose Digital
Training Range, Fort Hood, Texas, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (114 Stat. 1654A-389), $13,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $52,000,000 (the balance of the amount authorized under
section 2101(a) for Barracks Complex D Street Phase at Fort
Richardson, Alaska);
(3) $41,000,000 (the balance of the amount authorized under
section 2101(a) for Barracks Complex--Nelson Boulevard (Phase
I) at Fort Carson, Colorado);
(4) $36,000,000 (the balance of the amount authorized under
section 2101(a) for Basic Combat Training Complex (Phase I)
at Fort Jackson, South Carolina);
(5) $102,000,000 (the balance of the amount authorized
under section 2101(a) for Barracks Complex--17th & B Street
(Phase I) at Fort Lewis, Washington); and
(6) $21,500,000 (the balance of the amount authorized under
section 2101(a) for Consolidated Logistics Complex (Phase I)
at Fort Sill, Oklahoma).
[[Page H7005]]
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (7) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs reduced by $3,300,000, which
represents savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support outside the
United States.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2001
(division B of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398); 114 Stat. 1654A-389) is amended--
(1) in the item relating to Fort Leonard Wood, Missouri, by
striking ``$65,400,000'' in the amount column and inserting
``$69,800,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$18,000,000'' in the amount column and inserting
``$21,000,000'';
(3) in the item relating to Fort Hood, Texas, by striking
``$36,492,000'' in the amount column and inserting
``$39,492,000''; and
(4) by striking the amount identified as the total in the
amount column and inserting ``$626,374,000''.
(b) Conforming Amendments.--Section 2104 of that Act (114
Stat. 1654A-391) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``$1,925,344,000'' and inserting
``$1,935,744,000''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``$22,600,000'' and
inserting ``$27,000,000'';
(B) in paragraph (3), by striking ``$10,000,000'' and
inserting ``$13,000,000''; and
(C) in paragraph (6), by striking ``$6,000,000'' and
inserting ``$9,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $22,570,000
Station, Yuma.
California..................... Marine Air-Ground Task $75,125,000
Force Training Center,
Twentynine Palms.
Marine Corps Air $4,470,000
Station, Camp
Pendleton.
Marine Corps Base, Camp $96,490,000
Pendleton.
Naval Air Facility, El $23,520,000
Centro.
Naval Air Station, $10,010,000
Lemoore.
Naval Air Warfare $13,730,000
Center, Point Mugu,
San Nicholas Island.
Naval Amphibious Base, $8,610,000
Coronado.
Naval Construction $12,400,000
Battalion Center, Port
Hueneme.
Naval Construction $3,780,000
Training Center, Port
Hueneme.
Naval Station, San $47,240,000
Diego.
District of Columbia........... Naval Air Facility, $9,810,000
Washington.
Florida........................ Naval Air Station, Key $11,400,000
West.
Naval Air Station, $3,700,000
Pensacola.
Naval Air Station, $2,140,000
Whiting Field, Milton.
Naval Station, Mayport. $16,420,000
Hawaii......................... Marine Corps Base, $24,920,000
Kaneohe.
Naval Magazine, $6,000,000
Lualualei.
Naval Shipyard, Pearl $20,000,000
Harbor.
Naval Station, Pearl $54,700,000
Harbor.
Navy Public Works $16,900,000
Center, Pearl Harbor.
Illinois....................... Naval Training Center, $82,260,000
Great Lakes.
Indiana........................ Naval Surface Warfare $5,820,000
Center, Crane.
Maine.......................... Naval Air Station, $67,395,000
Brunswick.
Naval Shipyard, Kittery- $14,620,000
Portsmouth.
Maryland....................... Naval Air Warfare $2,260,000
Center, Patuxent River.
Naval Explosive $1,250,000
Ordinance Disposal
Technology Center,
Indian Head.
Mississippi.................... Naval Construction $21,660,000
Battalion Center,
Gulfport.
Naval Air Station, $3,370,000
Meridian.
Naval Station, $4,680,000
Pascagoula.
Missouri....................... Marine Corp Support $9,010,000
Activity, Kansas City.
Nevada......................... Naval Air Station, $6,150,000
Fallon.
New Jersey..................... Naval Weapons Station, $4,370,000
Earle.
North Carolina................. Marine Corps Air $4,050,000
Station, New River.
Marine Corps Base, Camp $67,070,000
LeJeune.
Rhode Island................... Naval Station, Newport. $15,290,000
Naval Undersea Warfare $9,370,000
Center, Newport.
South Carolina................. Marine Corps Air $8,020,000
Station, Beaufort.
Marine Corps Recruit $5,430,000
Depot, Parris Island.
Tennessee...................... Naval Support Activity, $3,900,000
Millington.
Texas.......................... Naval Air Station, $6,160,000
Kingsville.
Virginia....................... Marine Corps Air $3,790,000
Facility, Quantico.
Marine Corps Combat $9,390,000
Development Command,
Quantico.
Naval Station, Norfolk. $139,270,000
Washington..................... Naval Air Station, $7,370,000
Whidbey Island.
Naval Station, Everett. $6,820,000
Strategic Weapons $3,900,000
Facility, Bangor.
---------------
Total:............... $996,610,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Greece......................... Naval Support Activity $12,240,000
Joint Headquarters
Command, Larissa.
Naval Support Activity, $3,210,000
Souda Bay.
Guam........................... Naval Station, Guam.... $9,300,000
Navy Public Works $14,800,000
Center, Guam.
Iceland........................ Naval Air Station, $2,820,000
Keflavik.
Italy.......................... Naval Air Station, $3,060,000
Sigonella.
Spain.......................... Naval Station, Rota.... $2,240,000
---------------
Total:............... $47,670,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
[[Page H7006]]
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State or country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Marine Corps Air Station, 51 Units..................... $9,017,000
Yuma.
California............................ Marine Air-Ground Task 74 Units..................... $16,250,000
Force Training Center,
Twentynine Palms.
Hawaii................................ Marine Corps Base, 172 Units.................... $55,187,000
Kaneohe.
Naval Station, Pearl 70 Units..................... $16,827,000
Harbor.
Mississippi........................... Naval Construction 160 Units.................... $23,354,000
Battalion Center,
Gulfport.
Italy................................. Naval Air Station, 10 Units..................... $2,403,000
Sigonella.
---------------
Total:..................... $123,038,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $6,499,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $183,054,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,377,634,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $963,370,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $47,670,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $10,546,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $35,752,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$312,591,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $918,095,000.
(6) For replacement of a pier at Naval Station, San Diego,
California, authorized in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106-398); 114
Stat. 1654A-395), $17,500,000.
(7) For replacement of Pier Delta at Naval Station,
Bremerton, Washington, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2001,
$24,460,000.
(8) For construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp Smith, Hawaii, authorized
in section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65;
113 Stat. 828), $37,580,000.
(9) For construction of an Advanced Systems Integration
Facility, phase 6, at Naval Air Warfare Center, Patuxent
River, Maryland, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2590),
$10,770,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $33,240,000 (the balance of the amount authorized under
section 2201(a) for Pier Replacement (Increment I), Naval
Station, Norfolk, Virginia).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs reduced by $700,000, which
represents savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support outside the
United States.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted by Public Law 106-398); 114 Stat.
1654A-395) is amended--
(1) in the item relating to Naval Shipyard, Bremerton,
Puget Sound, Washington, by striking ``$100,740,000'' in the
amount column and inserting ``$98,740,000'';
(2) in the item relating to Naval Station, Bremerton,
Washington, by striking ``$11,930,000'' in the amount column
and inserting ``$1,930,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$799,497,000''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2000 PROJECT.
(a) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 828) is amended--
(1) in the item relating to Camp Smith, Hawaii, by striking
``$86,050,000'' in the amount column and inserting
``$89,050,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$820,230,000''.
(b) Conforming Amendment.--Section 2204(b)(3) of that Act
(113 Stat. 831) is amended by striking ``$70,180,000'' and
inserting ``$73,180,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $34,400,000
Alaska......................... Eareckson Air Force $4,600,000
Base.
Elmendorf Air Force $32,200,000
Base.
Arizona........................ Davis-Monthan Air Force $17,300,000
Base.
Arkansas....................... Little Rock Air Force $18,100,000
Base.
California..................... Edwards Air Force Base. $16,300,000
Los Angeles Air Force $23,000,000
Base.
Travis Air Force Base.. $16,400,000
Vandenberg Air Force $11,800,000
Base.
Colorado....................... Buckley Air Force Base. $23,200,000
Schriever Air Force $19,000,000
Base.
United States Air Force $25,500,000
Academy.
Delaware....................... Dover Air Force Base... $7,300,000
District of Columbia........... Bolling Air Force Base. $2,900,000
Florida........................ Cape Canaveral Air $7,800,000
Force Station.
Eglin Air Force Base... $11,400,000
Hurlburt Field......... $10,400,000
MacDill Air Force Base. $10,000,000
Tyndall Air Force Base. $15,050,000
Georgia........................ Moody Air Force Base... $8,600,000
Robins Air Force Base.. $14,650,000
Idaho.......................... Mountain Home Air Force $14,600,000
Base.
Louisiana...................... Barksdale Air Force $5,000,000
Base.
Maryland....................... Andrews Air Force Base. $19,420,000
[[Page H7007]]
Massachusetts.................. Hanscom Air Force Base. $9,400,000
Mississippi.................... Columbus Air Force Base $5,000,000
Keesler Air Force Base. $28,600,000
Montana........................ Malmstrom Air Force $4,650,000
Base.
Nebraska....................... Offet Air Force Base... $10,400,000
Nevada......................... Nellis Air Force Base.. $31,600,000
New Jersey..................... McGuire Air Force Base. $36,550,000
New Mexico..................... Cannon Air Force Base.. $9,400,000
Kirtland Air Force Base $15,500,000
North Carolina................. Pope Air Force Base.... $17,800,000
North Dakota................... Grand Forks Air Force $7,800,000
Base.
Ohio........................... Wright-Patterson Air $24,850,000
Force Base.
Oklahoma....................... Altus Air Force Base... $20,200,000
Tinker Air Force Base.. $21,400,000
Vance Air Force Base... $4,800,000
South Carolina................. Shaw Air Force Base.... $5,800,000
South Dakota................... Ellsworth Air Force $12,000,000
Base.
Tennessee...................... Arnold Air Force Base.. $24,400,000
Texas.......................... Lackland Air Force Base $12,800,000
Laughlin Air Force Base $12,000,000
Sheppard Air Force Base $37,000,000
Utah........................... Hill Air Force Base.... $14,000,000
Virginia....................... Langley Air Force Base. $47,300,000
Washington..................... Fairchild Air Force $2,800,000
Base.
McChord Air Force Base. $20,700,000
Wyoming........................ F.E. Warren Air Force $10,200,000
Base.
---------------
Total:............... $811,370,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Force Base $42,900,000
Spangdahlem Air Base... $8,700,000
Guam........................... Andersen Air Force Base $10,150,000
Italy.......................... Aviano Air Base........ $11,800,000
Korea.......................... Kunsan Air Base........ $12,000,000
Osan Air Base.......... $101,142,000
Oman........................... Masirah Island......... $8,000,000
Turkey......................... Eskisehir.............. $4,000,000
United Kingdom................. Royal Air Force, $11,300,000
Lakenheath.
Royal Air Force, $22,400,000
Mildenhall.
Wake Island.................... Wake Island............ $25,000,000
---------------
Total:............... $257,392,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installation and location and in the amount, set forth in the
following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $4,458,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Luke Air Force Base...... 120 Units.................... $15,712,000
California............................ Travis Air Force Base.... 118 Units.................... $18,150,000
Colorado.............................. Buckley Air Force Base... 55 Units..................... $11,400,000
Delaware.............................. Dover Air Force Base..... 120 Units.................... $18,145,000
District of Columbia.................. Bolling Air Force Base... 136 Units.................... $16,926,000
Hawaii................................ Hickam Air Force Base.... 102 Units.................... $25,037,000
Louisiana............................. Barksdale Air Force Base. 56 Units..................... $7,300,000
South Dakota.......................... Ellsworth Air Force Base. 78 Units..................... $13,700,000
Virginia.............................. Langley Air Force Base... 4 Units...................... $1,200,000
Portugal.............................. Lajes Field, Azores...... 64 Units..................... $13,230,000
---------------
Total:..................... $140,800,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $24,558,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $375,379,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $2,587,791,000, as follows:
[[Page H7008]]
(1) For military construction projects inside the United
States authorized by section 2301(a), $816,070,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $257,392,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$4,458,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,250,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $90,419,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$542,381,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $869,121,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1), (2), and (3) of subsection (a).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs reduced by $3,300,000, which
represents savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support outside the
United States.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECT.
The table in section 2302(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted by Public Law 106-398); 114 Stat.
1654A-400) is amended in the item relating to Mountain Home
Air Force Base, Idaho, by striking ``119 Units'' in the
purpose column and inserting ``46 Units''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Laurel Bay, South $12,850,000
Carolina..............
Marine Corps Base, Camp $8,857,000
LeJeune, North
Carolina..............
Defense Logistics Agency....... Defense Distribution $30,000,000
Depot Tracy,
California............
Defense Distribution $19,900,000
Depot, Susquehanna,
New Cumberland,
Pennsylvania..........
Eielson Air Force Base, $8,800,000
Alaska................
Fort Belvoir, Virginia. $900,000
Grand Forks Air Force $9,110,000
Base, North Dakota....
Hickam Air Force Base, $29,200,000
Hawaii................
McGuire Air Force Base, $4,400,000
New Jersey............
Minot Air Force Base, $14,000,000
North Dakota..........
Philadelphia, $2,429,000
Pennsylvania..........
Pope Air Force Base, $3,400,000
North Carolina........
Special Operations Command..... Aberdeen Proving $3,200,000
Ground, Maryland......
Fort Benning, Georgia.. $5,100,000
Fort Bragg, North $33,562,000
Carolina..............
Fort Lewis, Washington. $6,900,000
Hurlburt Field, Florida $13,400,000
MacDill Air Force Base, $12,000,000
Florida...............
Naval Station, San $13,650,000
Diego, California.....
CONUS Classified....... $2,400,000
TRICARE Management Activity.... Andrews Air Force Base, $10,250,000
Maryland..............
Dyess Air Force Base, $3,300,000
Texas.................
F.E. Warren Air Force $2,700,000
Base, Wyoming.........
Fort Hood, Texas....... $12,200,000
Fort Stewart/Hunter $11,000,000
Army Air Field,
Georgia...............
Holloman Air Force $5,700,000
Base, New Mexico......
Hurlburt Field, Florida $8,800,000
Marine Corps Base, Camp $15,300,000
Pendleton, California.
Marine Corps Logistics $5,800,000
Base, Albany, Georgia.
Naval Air Station, $6,600,000
Whidbey Island,
Washington............
Naval Hospital, $1,600,000
Twentynine Palms,
California............
Naval Station, Mayport, $24,000,000
Florida...............
Naval Station, Norfolk, $21,000,000
Virginia..............
Schriever Air Force $4,000,000
Base, Colorado........
Washington Headquarters Pentagon Reservation, $25,000,000
Services. Virginia..............
---------------
Total:............... $391,308,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Aviano Air Base, Italy. $3,647,000
Geilenkirchen, Germany. $1,733,000
Heidelberg, Germany.... $3,312,000
Kaiserslautern, Germany $1,439,000
Kitzingen, Germany..... $1,394,000
Landstuhl, Germany..... $1,444,000
Ramstein Air Base, $2,814,000
Germany...............
Royal Air Force, $22,132,000
Feltwell, United
Kingdom...............
Vogelweh Annex, Germany $1,558,000
Wiesbaden Air Base, $1,378,000
Germany...............
Wuerzburg, Germany..... $2,684,000
Defense Logistics Agency....... Andersen Air Force $20,000,000
Base, Guam............
Camp Casey, Korea...... $5,500,000
Naval Station, Rota, $3,000,000
Spain.................
Yokota Air Base, Japan. $13,000,000
Office of Secretary of Defense. Comalapa Air Base, El $12,577,000
Salvador..............
TRICARE Management Activity.... Heidelberg, Germany.... $28,000,000
Lajes Field, Azores, $3,750,000
Portugal..............
Thule, Greenland....... $10,800,000
---------------
Total:............... $140,162,000
------------------------------------------------------------------------
[[Page H7009]]
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $35,600,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $1,492,956,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $391,308,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $140,162,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $24,492,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $87,382,000.
(6) For energy conservation projects authorized by section
2402 of this Act, $35,600,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $592,200,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $250,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $43,762,000 of which not more than $37,298,000
may be obligated or expended for the leasing of military
family housing units worldwide.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $2,000,000.
(9) For construction of the Ammunition Demilitarization
Facility Phase 6, Pine Bluff Arsenal, Arkansas, authorized in
section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law 103-337;
108 Stat. 3040), as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 538), section 2408 of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1982), section
2406 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat.
2197), and section 2408 of this Act, $26,000,000.
(10) For construction of the Ammunition Demilitarization
Facility Phase 3, Pueblo Army Depot, Colorado, authorized in
section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 1997 (division B of Public Law 104-201;
110 Stat. 2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 839), $11,000,000.
(11) For construction of the Ammunition Demilitarization
Facility Phase 4, Newport Army Depot, Indiana, authorized in
section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105-261;
112 Stat. 2193), $66,000,000.
(12) For construction of the Ammunition Demilitarization
Facility phase 4, Aberdeen Proving Ground, Maryland,
authorized in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (112 Stat. 2193), as
amended by section 2407 of this Act, $66,500,000.
(13) For construction of the Ammunition Demilitarization
Facility Phase 2, Blue Grass Army Depot, Kentucky, authorized
in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65;
113 Stat. 835), as amended by section 2406 of this Act,
$3,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (8) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs reduced by $1,700,000, which
represents savings resulting from adjustments to foreign
currency exchange rates for military family housing
construction and military family housing support outside the
United States.
SEC. 2404. CANCELLATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) Cancellation of Projects at Camp Pendleton,
California.--(1) The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106-398); 114
Stat. 1654A-402) is amended--
(A) by striking the item relating to Marine Corps Base,
Camp Pendleton, California, under the heading TRICARE
Management Activity; and
(B) by striking the amount identified as the total in the
amount column and inserting ``$242,756,000''.
(2) Of the amount authorized to be appropriated by section
2403(a) of that Act (114 Stat. 1654A-404), and paragraph (1)
of that section, $14,150,000 shall be available for purposes
relating to construction of the Portsmouth Naval Hospital,
Virginia, as authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101-189). Such amount is the amount
authorized to be appropriated by section 2403(a) of the
Military Construction Authorization Act for Fiscal Year 2001
for purposes authorized in section 2401(a) of that Act
relating to Marine Corps Base, Camp Pendleton, California.
(b) Conforming Amendments.--Section 2403(a) of that Act is
amended--
(1) in the matter preceding paragraph (1), by striking
``$1,883,902,000'' and inserting ``$1,828,902,000''; and
(2) in paragraph (3), by striking ``$85,095,000'' and
inserting ``$30,095,000''.
SEC. 2405. CANCELLATION OF AUTHORITY TO CARRY OUT ADDITIONAL
FISCAL YEAR 2001 PROJECT.
(a) Cancellation of Authority.--Section 2401(c) the
Military Construction Authorization Act for Fiscal Year 2001
(division B of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398); 114 Stat. 1654A-404) is amended by striking
``$451,135,000'' and inserting ``$30,095,000''.
(b) Conforming Amendments.--Section 2403 of that Act is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``$1,883,902,000'' and inserting ``$1,828,902,000''; and
(B) in paragraph (3), by striking ``$85,095,000'' and
inserting ``$30,095,000''; and
(2) in subsection (b), by striking ``may not exceed--'' and
all that follows through the end of the subsection and
inserting ``may not exceed the total amount authorized to be
appropriated under paragraphs (1) and (2) of subsection
(a).''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECTS.
(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 835) is amended--
(1) in the item under the heading Chemical Demilitarization
relating to Blue Grass Army Depot, Kentucky, by striking
``$206,800,000'' and inserting ``$254,030,000'';
(2) under the heading relating to TRICARE Management
Agency--
(A) in the item relating to Fort Wainwright, Alaska, by
striking ``$133,000,000'' and inserting ``$215,000,000''; and
(B) by striking the item relating to Naval Air Station,
Whidbey Island, Washington; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$711,950,000''.
(b) Conforming Amendments.--Section 2405(b) of that Act
(113 Stat. 839) is amended--
(1) in paragraph (2), by striking ``$115,000,000'' and
inserting ``$197,000,000''; and
(2) in paragraph (3), by striking ``$184,000,000'' and
inserting ``$231,230,000''.
(c) Treatment of Authorization of Appropriations for
Canceled Project.--Of the amount authorized to be
appropriated by section 2405(a) of that Act (113 Stat. 837),
and paragraph (1) of that section, $4,700,000 shall be
available for purposes relating to construction of the
Portsmouth Naval Hospital, Virginia, as authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Years 1990 and 1991 (division B of Public Law 101-
189). Such amount is the amount authorized to be appropriated
by section 2405(a) of the Military Construction Authorization
Act for Fiscal Year 2000 for purposes authorized in section
2401(a) of that Act relating to Naval Air Station, Whidbey
Island, Washington.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1999 PROJECT.
(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2193) is
amended--
(1) in the item under the agency heading Chemical
Demilitarization relating to Aberdeen Proving Ground,
Maryland, by striking ``$186,350,000'' in the amount column
and inserting ``$223,950,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$727,616,000''.
(b) Conforming Amendment.--Section 2404(b)(3) of that Act
(112 Stat. 2196) is amended by striking ``$158,000,000'' and
inserting ``$195,600,000''.
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1995 PROJECT.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of
the Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law
[[Page H7010]]
104-106; 110 Stat. 539), section 2408 of the Military
Construction Authorization Act for Fiscal Year 1998 (division
B of Public Law 105-85; 111 Stat. 1982), and section 2406 of
the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105-261; 112 Stat. 2197), is
further amended under the agency heading relating to Chemical
Weapons and Munitions Destruction in the item relating to
Pine Bluff Arsenal, Arkansas, by striking ``$154,400,000'' in
the amount column and inserting ``$177,400,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2001, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment program authorized by section 2501, in
the amount of $162,600,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 2001, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$365,240,000; and
(B) for the Army Reserve, $111,404,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $33,641,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$227,232,000; and
(B) for the Air Force Reserve, $53,732,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2005.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have
been obligated before the later of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2005 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1999 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2199),
authorizations set forth in the tables in subsection (b), as
provided in section 2302 or 2601 of that Act, shall remain in
effect until October 1, 2002, or the date of the enactment of
an Act authorizing funds for military construction for fiscal
year 2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Replace Family Housing (55 $8,998,000
units).
Florida............................... Patrick Air Force Base... Replace Family Housing (46 $9,692,000
units).
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (37 $6,400,000
units).
Ohio.................................. Wright-Patterson Air Replace Family Housing (40 $5,600,000
Force Base. units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts......................... Westfield................ Army Aviation Support $9,274,000
Facility.
South Carolina........................ Spartanburg.............. Readiness Center............. $5,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1998 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1984),
authorizations set forth in the tables in subsection (b), as
provided in section 2102, 2202, or 2302 of that Act and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-
408)), shall remain in effect until October 1, 2002, or the
date of the enactment of an Act authorizing funds for
military construction for fiscal year 2003, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Fort Meade............... Family Housing Construction $7,900,000
(56 units).
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Complex, San Diego. Replacement Family Housing $13,500,000
Construction (94 units).
California............................ Marine Corps Air Station, Family Housing Construction $28,881,000
Miramar. (166 units).
Louisiana............................. Naval Complex, New Replacement Family Housing $11,930,000
Orleans. Construction (100 units).
Texas................................. Naval Air Station, Corpus Family Housing Construction $22,250,000
Christi. (212 units).
----------------------------------------------------------------------------------------------------------------
[[Page H7011]]
Air Force: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (180 $20,900,000
units).
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 2001; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN THRESHOLDS FOR CERTAIN UNSPECIFIED
MINOR MILITARY CONSTRUCTION PROJECTS.
(a) Projects Requiring Advance Approval of Secretary
Concerned.--Subsection (b)(1) of section 2805 of title 10,
United States Code, amended by striking ``$500,000'' and
inserting ``$750,000''.
(b) Projects Using Amounts for Operation and Maintenance.--
Subsection (c)(1) of that section is amended--
(1) in subparagraph (A), by striking ``$1,000,000'' and
inserting ``$1,500,000''; and
(2) in subparagraph (B), by striking ``$500,000'' and
inserting ``$750,000''.
SEC. 2802. UNFORESEEN ENVIRONMENTAL HAZARD REMEDIATION AS
BASIS FOR AUTHORIZED COST VARIATIONS FOR
MILITARY CONSTRUCTION AND FAMILY HOUSING
CONSTRUCTION PROJECTS.
Subsection (d) of section 2853 of title 10, United States
Code, is amended to read as follows:
``(d) The limitation on cost increases in subsection (a)
does not apply to the following:
``(1) The settlement of a contractor claim under a
contract.
``(2) The cost of any environmental hazard remediation
required by law, including asbestos removal, radon abatement,
and lead-based paint removal or abatement, if such
remediation could not have reasonably been anticipated at the
time the project was approved originally by Congress.''.
SEC. 2803. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS TO
CONGRESS ON MILITARY CONSTRUCTION AND MILITARY
FAMILY HOUSING ACTIVITIES.
(a) Repeal.--Section 2861 of title 10, United States Code
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of such title is
amended by striking the item relating to section 2861.
SEC. 2804. AUTHORITY AVAILABLE FOR LEASE OF PROPERTY AND
FACILITIES UNDER ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Lease Authorities Available.--Section 2878 of title 10,
United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Lease Authorities Available.--(1) The Secretary
concerned may use any authority or combination of authorities
available under section 2667 of this title in leasing
property or facilities under this section to the extent such
property or facilities, as the case may be, are described by
subsection (a)(1) of such section 2667.
``(2) The limitation in subsection (b)(1) of section 2667
of this title shall not apply with respect to a lease of
property or facilities under this section.''.
(b) Conforming Amendment.--Subsection (e) of that section,
as redesignated by subsection (a) of this section, is further
amended--
(1) by striking paragraph (1); and
(2) by redesignated paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively.
(c) Technical Amendment.--Paragraph (3) of subsection (e)
of that section, as redesignated by this section, is further
amended by striking ``Stewart B. McKinney Homeless Assistance
Act'' and inserting ``McKinney-Vento Homeless Assistance
Act''.
SEC. 2805. FUNDS FOR HOUSING ALLOWANCES OF MEMBERS ASSIGNED
TO MILITARY FAMILY HOUSING UNDER ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2883 the following new section:
``Sec. 2883a. Funds for housing allowances of members of the
armed forces assigned to certain military family housing
units
``To the extent provided in advance in appropriations Acts,
the Secretary of Defense may, during the fiscal year in which
a contract is awarded for the acquisition or construction of
military family housing units under this subchapter that are
not to be owned by the United States, transfer from
appropriations available for support of military housing for
the armed force concerned for that fiscal year to
appropriations available for pay and allowances of military
personnel of that armed force for that fiscal year amounts
equal to any additional amounts payable during that fiscal
year to members of that armed force assigned to such housing
units as basic allowance for housing under section 403 of
title 37 that would not otherwise have been payable to such
members if not for assignment to such housing units.''.
(b) Clerical Amendment.--The table of sections at the
beginning of that subchapter is amended by inserting after
the item relating to section 2883 the following new item:
``2883a. Funds for housing allowances of members of the armed forces
assigned to certain military family housing units.''.
SEC. 2806. AMENDMENT OF FEDERAL ACQUISITION REGULATION TO
TREAT FINANCING COSTS AS ALLOWABLE EXPENSES
UNDER CONTRACTS FOR UTILITY SERVICES FROM
UTILITY SYSTEMS CONVEYED UNDER PRIVATIZATION
INITIATIVE.
(a) Determination of Advisability of Amendment.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall determine whether or not it is
advisable to modify the Federal Acquisition Regulation in
order to provide that a contract for utility services from a
utility system conveyed under section 2688(a) of title 10,
United States Code, may include terms and conditions that
recognize financing costs, such as return on equity and
interest on debt, as an allowable expense when incurred by
the conveyee of the utility system to acquire, operate,
renovate, replace, upgrade, repair, and expand the utility
system.
(b) Report.--If as of the date that is 180 days after the
date of the enactment of this Act, the Federal Acquisition
Regulatory Council has not modified the Federal Acquisition
Regulation to provide that a contract described in subsection
(a) may include terms and conditions described in that
subsection, or otherwise taken action to provide that a
contract referred to in that subsection may include terms and
conditions described in that subsection, the Secretary shall
submit to Congress on that date a report setting forth a
justification for the failure to take such actions.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. AVAILABILITY OF PROCEEDS OF SALES OF DEPARTMENT OF
DEFENSE PROPERTY FROM CLOSED MILITARY
INSTALLATIONS.
Section 204(h)(2) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)) is
amended by striking subparagraphs (A) and (B) and inserting
the following new subparagraphs:
``(A) In the case of property located at a military
installation that is closed, such amount shall be available
for facility maintenance and repair or environmental
restoration by the military department that had jurisdiction
over such property before the closure of the military
installation.
``(B) In the case of property located at any other military
installation--
``(i) 50 percent of such amount shall be available for
facility maintenance and repair or environmental restoration
at the military installation where such property was located
before it was disposed of or transferred; and
``(ii) 50 percent of such amount shall be available for
facility maintenance and repair and for environmental
restoration by the military department that had jurisdiction
over such property before it was disposed of or
transferred.''.
SEC. 2812. PILOT EFFICIENT FACILITIES INITIATIVE.
(a) Initiative Authorized.--The Secretary of Defense may
carry out a pilot program for purposes of determining the
potential for increasing the efficiency and effectiveness of
the operation of military installations. The pilot program
shall be known as the ``Pilot Efficient Facilities
Initiative'' (in this section referred to as the
``Initiative'').
(b) Designation of Participating Facilities.--(1) The
Secretary may designate up to two installations of each
military department for participation in the Initiative.
(2) The Secretary shall transmit to the Committees on Armed
Services of the Senate and the House of Representatives a
written notification of each installation proposed to be
included in the Initiative not less than 30 days before
taking any action to carry out the Initiative at such
installation.
(3) The Secretary shall include in the notification
regarding an installation designated for participation in the
Initiative a management plan for the Initiative at the
installation. Each management plan for an installation shall
include the following:
(A) A description of--
(i) each proposed lease of real or personal property
located at the installation;
(ii) each proposed disposal of real or personal property
located at the installation;
(iii) each proposed leaseback of real or personal property
leased or disposed of at the installation;
(iv) 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
[[Page H7012]]
private entity or performance as consideration for the lease
or disposal of property at the installation; and
(v) each other action proposed to be taken to improve
mission effectiveness and reduce the cost of providing
quality installation support at the installation.
(B) With respect to each proposed action described under
subparagraph (A)--
(i) an estimate of the savings expected to be achieved as a
result of the action;
(ii) each regulation not required by statute that is
proposed to be waived to implement the action; and
(iii) 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, proposed to be waived in the event of the
waiver.
(C) A description of the steps taken by the Secretary to
consult with employees at the facility, and communities in
the vicinity of the facility, regarding the Initiative at the
installation.
(D) Measurable criteria for the evaluation of the effects
of the actions to be taken pursuant to the Initiative at the
installation.
(c) 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 an Act that is enacted after the
date of the enactment of this Act.
(d) Installation Efficiency Project Fund.--(1) There is
established on the books of the Treasury a fund to be known
as the ``Installation Efficiency Project Fund'' (in this
subsection referred to as the ``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 concerned for purposes of managing
capital assets and providing support services at
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 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 of Defense shall structure the Fund, and
provide administrative policies and procedures, in order
provide proper control of deposits in and disbursements from
the Fund.
(e) Termination.--The authority of the Secretary to carry
out the Initiative shall terminate four years after the date
of the enactment of this Act.
(f) Report.--Not later than three years after the date of
the enactment of this Act, the Secretary shall submit to the
committees of Congress referred to in subsection (b)(2) 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 in light of the
Initiative.
SEC. 2813. DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM
FACILITY MAINTENANCE COSTS.
(a) Authority To Carry Out Program.--Subject to the
provisions of this section, the Secretary of the Army may
conduct a demonstration program to assess the feasibility and
desirability of including facility maintenance requirements
in construction contracts for military construction projects.
The purpose of the demonstration program is to determine
whether or not such requirements facilitate reductions in the
long-term facility maintenance costs of the military
departments.
(b) Contracts.--(1) The demonstration program shall cover
contracts entered into on or after the date of the enactment
of this Act.
(2) Not more than three contracts entered into in any year
may contain requirements referred to in subsection (a) for
the purpose of the demonstration program.
(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 shall be any period elected by the Secretary not in
excess of five years.
(d) Reports.--(1) Not later than January 31, 2003, and
annually thereafter until the year following the cessation of
effectiveness of any requirements referred to in subsection
(a) in contracts under the demonstration program, the
Secretary shall submit to the congressional defense
committees a report on the demonstration program.
(2) Each report under paragraph (1) shall include, for the
year covered by such report, the following:
(A) A description of the contracts entered into during the
year that contain requirements referred to in subsection (a)
for the purpose of the demonstration program.
(B) The experience of the Secretary during the year with
respect to any contracts containing requirements referred to
in subsection (a) for the purpose of the demonstration
program that were in force during the year.
(3) The final report under this subsection shall include,
in addition to the matters required under paragraph (2), an
evaluation of the demonstration program and 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
Army for a fiscal year for military construction shall be
available for the demonstration program under this section in
such fiscal year.
Subtitle C--Land Conveyances
SEC. 2821. LAND CONVEYANCE, ENGINEER PROVING GROUND, FORT
BELVOIR, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the Commonwealth of Virginia (in this section
referred to as the ``Commonwealth'') all right, title, and
interest of United States in and to two parcels of real
property, including any improvements thereon, located at the
Engineer Proving Ground, Fort Belvoir, Virginia, as follows:
(1) The parcel, consisting of approximately 170 acres, that
is to be used for a portion of the Fairfax County Parkway,
including for construction of that portion of the parkway.
(2) The parcel, consisting of approximately 11.45 acres,
that is subject to an easement previously granted to the
Commonwealth as Army easement DACA 31-3-96-440 for the
construction of a portion of Interstate Highway 95.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the Commonwealth shall--
(1) design and construct, at its expense and for public
benefit, the portion of the Fairfax County Parkway through
the Engineer Proving Ground;
(2) provide a conceptual design for eventual incorporation
and construction by others of access into the Engineer
Proving Ground at the Rolling Road Interchange from Fairfax
County Parkway as specified in Virginia Department of
Transportation Project #R000-029-249, C514;
(3) provide such easements or rights of way for utilities
under or across the Fairfax County Parkway as the Secretary
considers appropriate for the optimum development of the
Engineer Proving Ground; and
(4) pay the United States an amount, jointly determined by
the Secretary and the Commonwealth, appropriate to cover the
costs of constructing a replacement building for building
5089 located on the Engineer Proving Ground.
(c) Responsibility for Environmental Cleanup.--The
Secretary shall retain liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), and any other applicable
environmental statute or regulation, for any environmental
hazard on the property conveyed under subsection (a) as of
the date of the conveyance under that subsection.
(d) Acceptance and Disposition of Funds.--(1) The Secretary
of the Army may accept the funds paid by the Commonwealth as
consideration under subsection (b)(4) and shall credit the
accepted funds to the appropriation or appropriations that
are appropriate for paying the costs of the replacement of
Building 5089, located on the Engineer Proving Ground, Fort
Belvoir, Virginia, consistent with paragraphs (2) and (3) of
this subsection.
(2) Funds accepted under paragraph (1) shall be available,
until expended, for the replacement of Building 5089.
(3) Funds appropriated pursuant to the authorization of
appropriations in section 301(1), and funds appropriated
pursuant to the authorization of appropriations in section
2104(a)(4), shall be available in accordance with section
2805 of title 10, United States Code, for the excess, if any,
of the cost of the replacement of Building 5089 over the
amount available for such project under paragraph (2).
(e) Description of Property.--(1) The exact acreage and
legal description of the real property to be conveyed under
subsection (a)(1) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the Commonwealth.
(2) The exact acreage and legal description of the real
property to be conveyed under subsection (a)(2) are as set
forth in Army easement DACA 31-3-96-440.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2822. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF NAVAL
COMPUTER AND TELECOMMUNICATIONS STATION,
CUTLER, MAINE.
Section 2853(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398); 114 Stat. 1654A-430) is
amended by inserting ``any or'' before ``all right''.
SEC. 2823. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP
ACTIVITY, WINTER HARBOR, MAINE.
(a) Transfer of Administrative Jurisdiction.--(1) The
Secretary of the Navy may
[[Page H7013]]
transfer to the Secretary of the Interior administrative
jurisdiction of a parcel of real property, including any
improvements thereon and appurtenances thereto, consisting of
approximately 26 acres as generally depicted as Tract 15-116
on the map entitled ``Acadia National Park Schoodic Point
Area'', numbered 123/80,418 and dated May 2001. The map shall
be on file and available for inspection in the appropriate
offices of the National Park Service.
(2) The transfer authorized by this subsection shall occur,
if at all, concurrently with the reversion of administrative
jurisdiction of a parcel of real property consisting of
approximately 71 acres, as depicted as Tract 15-115 on the
map referred to in paragraph (1), from the Secretary of the
Navy to the Secretary of the Interior as authorized by Public
Law 80-260 (61 Stat. 519) and to be executed on or about June
30, 2002.
(b) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the State of Maine, any
political subdivision of the State of Maine, or any tax-
supported agency in the State of Maine, all right, title, and
interest of the United States in and to any of the parcels of
real property, including any improvements thereon and
appurtenances thereto, consisting of approximately 485 acres
and comprising the former facilities of the Naval Security
Group Activity, Winter Harbor, Maine, located in Hancock
County, Maine, less the real property described in subsection
(a)(1), for the purpose of economic redevelopment.
(c) Transfer of Personal Property.--The Secretary of the
Navy may transfer, without consideration, to the Secretary of
the Interior in the case of the real property transferred
under subsection (a), or to any recipient of such real
property in the case of real property conveyed under
subsection (b), any or all personal property associated with
such real property so transferred or conveyed, including any
personal property required to continue the maintenance of the
infrastructure of such real property (including the
generators for an uninterrupted power supply in building 154
at the Corea site).
(d) Maintenance of Property Pending Conveyance.--(1) The
Secretary of the Navy shall maintain any real property,
including any improvements thereon, appurtenances thereto,
and supporting infrastructure, to be conveyed under
subsection (b) in accordance with the protection and
maintenance standards specified in section 101-47.4913 of
title 41, Code of Federal Regulations, until the earlier of--
(A) the date of the conveyance of such real property under
subsection (b); or
(B) September 30, 2003.
(2) The requirement in paragraph (1) shall not be construed
as authority to improve the real property, improvements, and
infrastructure referred to in that paragraph so as to bring
such real property, improvements, or infrastructure into
compliance with any zoning or property maintenance codes or
to repair any damage to such improvements and infrastructure
through an Act of God.
(e) Interim Lease.--(1) Until such time as any parcel of
real property to be conveyed under subsection (b) is conveyed
by deed under that subsection, the Secretary of the Navy may
lease such parcel to any person or entity determined by the
Secretary to be an appropriate lessee of such parcel.
(2) The amount of rent for a lease under paragraph (1)
shall be the amount determined by the Secretary to be
appropriate, and may be an amount less than the fair market
value of the lease.
(3) Notwithstanding any other provision of law, the
Secretary shall credit any amount received for a lease of
real property under paragraph (1) to the appropriation or
account providing funds for the operation and maintenance of
such property or for the procurement of utility services for
such property. Amounts so credited shall be merged with funds
in the appropriation or account to which credited, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as the funds with which merged.
(f) Reimbursement for Environmental and Other
Assessments.--(1) The Secretary of the Navy may require each
recipient of real property conveyed under subsection (b) to
reimburse the Secretary for the costs incurred by the
Secretary for any environmental assessment, study, or
analysis carried out by the Secretary with respect to such
property before completing the conveyance under that
subsection.
(2) The amount of any reimbursement required under
paragraph (1) shall be determined by the Secretary, but may
not exceed the cost of the assessment, study, or analysis for
which reimbursement is required.
(3) Section 2695(c) of title 10, United States Code, shall
apply to any amount received by the Secretary under this
subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property transferred under subsection
(a), and each parcel of real property conveyed under
subsection (b), shall be determined by a survey satisfactory
to the Secretary of the Navy. The cost of any survey under
the preceding sentence for real property conveyed under
subsection (b) shall be borne by the recipient of the real
property.
(h) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with any conveyance under subsection (b), and any
lease under subsection (e), as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2824. CONVEYANCE OF SEGMENT OF LORING PETROLEUM
PIPELINE, MAINE, AND RELATED EASEMENTS.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Loring Development
Authority, Maine (in this section referred to as the
``Authority''), all right, title, and interest of the United
States in and to the segment of the Loring Petroleum (POL)
Pipeline, Maine, consisting of approximately 27 miles in
length and running between the Searsport terminal and Bangor
Air National Guard Base.
(b) Related Easements.--As part of the conveyance
authorized by subsection (a), the Secretary may convey to the
Authority, without consideration, all right, title, and
interest of the United States in and to any easements or
rights-of-way necessary for the operation or maintenance of
the segment of pipeline conveyed under that subsection.
(c) Reimbursement for Costs of Conveyance.--(1) The
Authority shall reimburse the Secretary for the costs
incurred by the Secretary for any environmental assessment,
study, or analysis, or for any other expense incurred by the
Secretary, for a conveyance authorized by this section.
(2) The amount of the reimbursement under paragraph (1) for
an activity shall be determined by the Secretary, but may not
exceed the cost of the activity.
(3) Section 2695(c) of title 10, United States Code, shall
apply to any amount received by the Secretary under this
subsection.
(d) Description of Property.--The exact acreage and legal
description of the segment of pipeline conveyed under
subsection (a), and of any easements or rights-of-way
conveyed under subsection (b), shall be determined by surveys
and other means satisfactory to the Secretary. The cost of
any survey or other services performed at the direction of
the Secretary under the preceding sentence shall be borne by
the Authority.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2825. LAND CONVEYANCE, PETROLEUM TERMINAL SERVING FORMER
LORING AIR FORCE BASE AND BANGOR AIR NATIONAL
GUARD BASE, MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Air
Force may convey to the Maine Port Authority of the State of
Maine (in this section referred to as the ``Authority'') all
right, title, and interest of the United States in and to the
Petroleum Terminal (POL) at Mack Point, Searsport, Maine,
which served former Loring Air Force Base and Bangor Air
National Guard Base, Maine.
(2) The conveyance under paragraph (1) may include the
following:
(A) A parcel of real property, including any improvements
thereon, consisting of approximately 20 acres and comprising
a portion of the Petroleum Terminal.
(B) Any additional fuel tanks, other improvements, and
equipment located on the 43-acre parcel of property adjacent
to the property described in subparagraph (A), and currently
leased by the Secretary, which constitutes the remaining
portion of the Petroleum Terminal.
(b) Condition of Conveyance.--The Secretary may not make
the conveyance under subsection (a) unless the Authority
agrees to utilize the property to be conveyed under that
subsection solely for economic development purposes.
(c) Consideration.--(1) As consideration for the conveyance
under subsection (a), the Authority shall lease to the Air
Force approximately one acre of the real property conveyed
under that subsection, together with any improvements
thereon, that constitutes the Aerospace Fuels Laboratory
(also known as Building 14).
(2) The real property leased under this subsection shall
include the parking lot, outbuildings, and other improvements
associated with the Aerospace Fuels Laboratory and such
easements of ingress and egress to the real property,
including easements for utilities, as are required for the
operations of the Aerospace Fuels Laboratory.
(3) As part of the lease of real property under this
subsection, the Authority shall maintain around the real
property for the term of the lease a zone, not less than 75
feet in depth, free of improvements or encumbrances.
(4) The lease under this subsection shall be without cost
to the United States.
(5) The term of the lease under this subsection may not
exceed 25 years. If operations at the Aerospace Fuels
Laboratory cease before the expiration of the term of the
lease otherwise provided for under this subsection, the lease
shall be deemed to have expired upon the cessation of such
operations.
(d) Conveyance Contingent on Expiration of Lease of Fuel
Tanks.--The Secretary may not make the conveyance under
subsection (a) until the expiration of the lease referred to
in paragraph (2)(B) of that subsection.
(e) Environmental Remediation.--The Secretary may not make
the conveyance under subsection (a) until the completion of
any environmental remediation required by law with respect to
the property to be conveyed under that subsection.
(f) Reimbursement for Costs of Conveyance.--(1) The
Authority shall reimburse the Secretary for the costs
incurred by the Secretary for any environmental assessment,
[[Page H7014]]
study, or analysis, or for any other expense incurred by the
Secretary, for the conveyance authorized by subsection (a).
(2) The amount of the reimbursement under paragraph (1) for
an activity shall be determined by the Secretary, but may not
exceed the cost of the activity.
(3) Section 2695(c) of title 10, United States Code, shall
apply to any amount received by the Secretary under this
subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
Authority.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a), and the lease under
subsection (c), as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2826. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, TOLEDO, OHIO.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey, without consideration, to the Toledo-Lucas County
Port Authority, Ohio (in this section referred to as the
``Port Authority''), any or all right, title, and interest of
the United States in and to a parcel of real property,
including any improvements thereon, consisting of
approximately 29 acres and comprising the Naval Weapons
Industrial Reserve Plant, Toledo, Ohio.
(2) The Secretary may include in the conveyance under
paragraph (1) such facilities, equipment, fixtures, and other
personal property located or based on the parcel conveyed
under that paragraph, or used in connection with the parcel,
as the Secretary determines to be excess to the Navy.
(b) Lease Authority.--Until such time as the real property
described in subsection (a)(1) is conveyed by deed, the
Secretary may lease such real property, and any personal
property described in subsection (a)(2), to the Port
Authority in exchange for such security, fire protection, and
maintenance services as the Secretary considers appropriate.
(c) Conditions of Conveyance.--The conveyance under
subsection (a), and any lease under subsection (b), shall be
subject to the conditions that the Port Authority--
(1) accept the real and personal property concerned in
their condition at the time of the conveyance or lease, as
the case may be; and
(2) except as provided in subsection (d), use the real and
personal property concerned, whether directly or through an
agreement with a public or private entity, for economic
development or such other public purposes as the Port
Authority considers appropriate.
(d) Subsequent Use.--(1) The Port Authority may, following
entry into a lease under subsection (b) for real property,
personal property, or both, sublease such property for a
purpose set forth in subsection (c)(2) if the Secretary
approves the sublease of such property for that purpose.
(2) The Port Authority may, following the conveyance of
real property under subsection (a), lease or reconvey such
real property, and any personal property conveyed with such
real property under that subsection, for a purpose set forth
in subsection (c)(2).
(e) Reimbursement for Costs of Conveyance and Lease.--(1)
The Port Authority shall reimburse the Secretary for the
costs incurred by the Secretary for any environmental
assessment, study, or analysis, or for any other expense
incurred by the Secretary, for the conveyance authorized by
subsection (a) or any lease authorized by subsection (b).
(2) The amount of the reimbursement under paragraph (1) for
an activity shall be determined by the Secretary, but may not
exceed the cost of the activity.
(3) Section 2695(c) of title 10, United States Code, shall
apply to any amount received by the Secretary under this
subsection.
(f) Description of Property.--The exact acreage and legal
of the real property to be conveyed under subsection (a)(1),
and an appropriate inventory or other description of the
personal property to be conveyed under subsection (a)(2),
shall be determined by a survey and other means satisfactory
to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a)(1), and any lease
under subsection (b), as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2827. MODIFICATION OF LAND CONVEYANCE, MUKILTEO TANK
FARM, EVERETT, WASHINGTON.
(a) Modification.--Section 2866 of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106-398); 114
Stat. 436) is amended--
(1) in subsection (a), by striking ``22 acres'' and
inserting ``20.9 acres'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Transfer of Jurisdiction.--(1) At the same time the
Secretary of the Air Force makes the conveyance authorized by
subsection (a), the Secretary shall transfer to the Secretary
of Commerce administrative jurisdiction over a parcel of real
property, including improvements thereon, consisting of
approximately 1.1 acres located at the Mukilteo Tank Farm and
including the National Marine Fisheries Service Mukilteo
Research Center facility.
``(2) The Secretary of Commerce may, with the consent of
the Port, exchange with the Port all or any portion of the
property received under paragraph (1) for a parcel of real
property of equal area at the Mukilteo Tank Farm that is
owned by the Port.
``(3) The Secretary of Commerce shall administer the
property under the jurisdiction of the Secretary under this
subsection through the Administrator of the National Oceanic
and Atmospheric Administration as part of the Administration.
``(4) The Administrator shall use the property under the
jurisdiction of the Secretary of Commerce under this
subsection as the location of a research facility, and may
construct a new facility on the property for such research
purposes as the Administrator considers appropriate.
``(5)(A) If after the 12-year period beginning on the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2002, the Administrator is not using any
portion of the real property under the jurisdiction of the
Secretary of Commerce under this subsection, the
Administrator shall convey, without consideration, to the
Port all right, title, and interest in and to such portion of
the real property, including improvements thereon.
``(B) The Port shall use any real property conveyed to the
Port under this paragraph for the purpose specified in
subsection (a).''.
(b) Conforming Amendment.--The section heading for that
section is amended to read as follows:
``SEC. 2866. LAND CONVEYANCE AND TRANSFER, MUKILTEO TANK
FARM, EVERETT, WASHINGTON.''.
SEC. 2828. LAND CONVEYANCES, CHARLESTON AIR FORCE BASE, SOUTH
CAROLINA.
(a) Conveyance to State of South Carolina Authorized.--The
Secretary of the Air Force may convey, without consideration,
to the State of South Carolina (in this section referred to
as the ``State''), all right, title, and interest of the
United States in and to a portion (as determined under
subsection (c)) of the real property, including any
improvements thereon, consisting of approximately 24 acres at
Charleston Air Force Base, South Carolina, and comprising the
Air Force Family Housing Annex. The purpose of the conveyance
is to facilitate the Remount Road Project.
(b) Conveyance to City of North Charleston Authorized.--The
Secretary may convey, without consideration, to the City of
North Charleston, South Carolina (in this section referred to
as the ``City''), all right, title, and interest of the
United States in and to a portion (as determined under
subsection (c)) of the real property, including any
improvements thereon, referred to in subsection (a). The
purpose of the conveyance is to permit the use of the
property by the City for municipal purposes.
(c) Determination of Portions of Property To Be Conveyed.--
(1) Subject to paragraph (2), the Secretary, the State, and
the City shall jointly determine the portion of the property
referred to in subsection (a) that is to be conveyed to the
State under subsection (a) and the portion of the property
that is to be conveyed to the City under subsection (b).
(2) In determining under paragraph (1) the portions of
property to be conveyed under this section, the portion to be
conveyed to the State shall be the minimum portion of the
property required by the State for the purpose specified in
subsection (a), and the portion to be conveyed to the City
shall be the balance of the property.
(d) Limitation on Conveyances.--The Secretary may not carry
out the conveyance of property authorized by subsection (a)
or subsection (b) until the completion of an assessment of
environmental contamination of the property authorized to be
conveyed by such subsection for purposes of determining
responsibility for environmental remediation of such
property.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsections (a) and (b) shall be determined by surveys
satisfactory to the Secretary. The cost of the survey for the
property to be conveyed under subsection (a) shall be borne
by the State, and the cost of the survey for the property to
be conveyed under subsection (b) shall be borne by the City.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under subsections (a) and (b) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2829. LAND CONVEYANCE, FORT DES MOINES, IOWA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Fort Des Moines Memorial
Park, Inc., a nonprofit organization (in this section
referred to as the ``Memorial Park''), all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 4.6 acres located at Fort Des Moines United
States Army Reserve Center, Des Moines, Iowa, for the purpose
of the establishment of the Fort Des Moines Memorial Park and
Education Center.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
Memorial Park use the property for museum and park purposes.
(c) Reversion.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not
being
[[Page H7015]]
used for museum and park purposes, all right, title, and
interest in and to the real property, including any
improvements thereon, shall revert to the United States, and
the United States shall have the right of immediate entry
thereon.
(d) Reimbursement for Costs of Conveyance.--(1) The
Memorial Park shall reimburse the Secretary for the costs
incurred by the Secretary for any environmental assessment,
study, or analysis, or for any other expenses incurred by the
Secretary, for the conveyance authorized in (a).
(2) The amount of the reimbursement under paragraph (1) for
any activity shall be determined by the Secretary, but may
not exceed the cost of such activity.
(3) Section 2695(c) of title 10 United States Code, shall
apply to any amount received under this subsection.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Memorial Park.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2830. LAND CONVEYANCES, CERTAIN FORMER MINUTEMAN III
ICBM FACILITIES IN NORTH DAKOTA.
(a) Conveyances Required.--(1) The Secretary of the Air
Force may convey, without consideration, to the State
Historical Society of North Dakota (in this section referred
to as the ``Historical Society'') all right, title, and
interest of the United States in and to parcels of real
property, together with any improvements thereon, of the
Minuteman III ICBM facilities of the former 321st Missile
Group at Grand Forks Air Force Base, North Dakota, as
follows:
(A) The parcel consisting of the launch facility designated
``November-33''.
(B) The parcel consisting of the missile alert facility and
launch control center designated ``Oscar-O''.
(2) The purpose of the conveyance of the facilities is to
provide for the establishment of an historical site allowing
for the preservation, protection, and interpretation of the
facilities.
(b) Consultation.--The Secretary shall consult with the
Secretary of State and the Secretary of Defense in order to
ensure that the conveyances required by subsection (a) are
carried out in accordance with applicable treaties.
(c) Historic Site.--The Secretary may, in cooperation with
the Historical Society, enter into one or more cooperative
agreements with appropriate public or private entities or
individuals in order to provide for the establishment and
maintenance of the historic site referred to in subsection
(a)(2).
SEC. 2831. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH
CAROLINA.
The Secretary of the Navy may, using funds previously
appropriated for such purpose, acquire any and all right,
title, and interest in and to a parcel of real property,
including improvements thereon, consisting of approximately
240 acres, or any portion thereof, in Perquimans County,
North Carolina, for purposes of including such parcel in the
Harvey Point Defense Testing Activity, Hertford, North
Carolina.
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE,
WISCONSIN.
(a) Conveyance Required.--The Administrator of General
Services may convey, without consideration, to the City of
Kewaunee, Wisconsin (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of Federal real property, including
improvements thereon, that is located at 401 5th Street in
Kewaunee, Wisconsin, and contains an excess Army Reserve
Center. After such conveyance, the property may be used and
occupied only by the City, or by another local or State
government entity approved by the City.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Administrator. The cost of the survey shall be borne
by the City.
(c) Reversionary Interest.--During the 20-year period
beginning on the date the Administrator makes the conveyance
under subsection (a), if the Administrator determines that
the conveyed property is not being used and occupied in
accordance with such subsection, all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States. Upon reversion,
the United States shall immediately proceed to a public sale
of the property.
(d) Additional Terms and Conditions.--(1) The property
shall not be used for commercial purposes.
(2) The Administrator may require such additional terms and
conditions in connection with the conveyance under subsection
(a) as the Administrator considers appropriate to protect the
interests of the United States.
SEC. 2833. TREATMENT OF AMOUNTS RECEIVED.
Any net proceeds received by the United States as payment
under subsection (c) of section 2832 shall be deposited into
the Land and Water Conservation Fund.
Subtitle D--Other Matters
SEC. 2841. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND
EDUCATION CENTER AT CARLISLE BARRACKS,
PENNSYLVANIA.
(a) Authority To Enter into Agreement.--(1) The Secretary
of the Army may enter into an agreement with the Military
Heritage Foundation, a not-for-profit organization, for the
design, construction, and operation of a facility for the
United States Army Heritage and Education Center at Carlisle
Barracks, Pennsylvania.
(2) The facility referred to in paragraph (1) is to be used
for curation and storage of artifacts, research facilities,
classrooms, and offices, and for education and other
activities, agreed to by the Secretary, relating to the
heritage of the Army. The facility may also be used to
support such education and training as the Secretary
considers appropriate.
(b) Design and Construction.--The Secretary may, at the
election of the Secretary--
(1) accept funds from the Military Heritage Foundation for
the design and construction of the facility referred to in
subsection (a); or
(2) permit the Military Heritage Foundation to contract for
the design and construction of the facility.
(c) Acceptance of Facility.--(1) Upon satisfactory
completion, as determined by the Secretary, of the facility
referred to in subsection (a), and upon the satisfaction of
any and all financial obligations incident thereto by the
Military Heritage Foundation, the Secretary shall accept the
facility from the Military Heritage Foundation, and all
right, title, and interest in and to the facility shall vest
in the United States.
(2) Upon becoming property of the United States, the
facility shall be under the jurisdiction of the Secretary.
(d) Use of Certain Gifts.--(1) Under regulations prescribed
by the Secretary, the Commandant of the Army War College may,
without regard to section 2601 of title 10, United States
Code, accept, hold, administer, invest, and spend any gift,
devise, or bequest of personnel property of a value of
$250,000 or less made to the United States if such gift,
devise, or bequest is for the benefit of the United States
Army Heritage and Education Center.
(2) The Secretary may pay or authorize the payment of any
reasonable and necessary expense in connection with the
conveyance or transfer of a gift, devise, or bequest under
this subsection.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the agreement authorized to be entered into by
subsection (a) as the Secretary considers appropriate to
protect the interest of the United States.
SEC. 2842. REPEAL OF LIMITATION ON COST OF RENOVATION OF
PENTAGON RESERVATION.
Section 2864 of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201; 110
Stat. 2806) is repealed.
SEC. 2843. NAMING OF PATRICIA C. LAMAR ARMY NATIONAL GUARD
READINESS CENTER, OXFORD, MISSISSIPPI.
(a) Designation.--The Oxford Army National Guard Readiness
Center, Oxford, Mississippi, shall be known and designated as
the ``Patricia C. Lamar Army National Guard Readiness
Center''.
(b) Reference to Readiness Center.--Any reference to the
Oxford Army National Guard Readiness Center, Oxford,
Mississippi, in any law, regulation, map, document, record,
or other paper of the United States shall be considered to be
a reference to the Patricia C. Lamar Army National Guard
Readiness Center.
SEC. 2844. CONSTRUCTION OF PARKING GARAGE AT FORT DERUSSY,
HAWAII.
(a) Authority To Enter Into Agreement for Construction.--
The Secretary of the Army may authorize the Army Morale,
Welfare, and Recreation Fund, a non-appropriated fund
instrumentality of the Department of Defense (in this section
referred to as the ``Fund''), to enter into an agreement with
a governmental, quasi-governmental, or commercial entity for
the construction of a parking garage at Fort DeRussy, Hawaii.
(b) Form of Agreement.--The agreement under subsection (a)
may take the form of a non-appropriated fund contract,
conditional gift, or other agreement determined by the Fund
to be appropriate for purposes of construction of the parking
garage.
(c) Use of Parking Garage by Public.--The agreement under
subsection (a) may permit the use by the general public of
the parking garage constructed under the agreement if the
Fund determines that use of the parking garage by the general
public will be advantageous to the Fund.
(d) Treatment of Revenues of Fund Parking Garages at Fort
DeRussy.--Notwithstanding any other provision of law, amounts
received by the Fund by reason of operation of parking
garages at Fort DeRussy, including the parking garage
constructed under the agreement under subsection (a), shall
be treated as non-appropriated funds, and shall accrue to the
benefit of the Fund or its component funds, including the
Armed Forces Recreation Center-Hawaii (Hale Koa Hotel).
SEC. 2845. ACCEPTANCE OF CONTRIBUTIONS TO REPAIR OR
ESTABLISHMENT MEMORIAL AT PENTAGON RESERVATION.
(a) Authority To Accept Contributions.--The Secretary of
Defense may accept contributions made for the purpose of
establishing a memorial or assisting in the repair
[[Page H7016]]
of the damage caused to the Pentagon Reservation by the
terrorist attack that occurred on September 11, 2001.
(b) Deposit of Contributions.--The Secretary shall deposit
contributions accepted under subsection (a) in the Pentagon
Reservation Maintenance Revolving Fund established by section
2674(e) of title 10, United States Code.
TITLE XXIX--DEFENSE BASE CLOSURE AND REALIGNMENT
Subtitle A--Modifications of 1990 Base Closure Law
SEC. 2901. AUTHORITY TO CARRY OUT BASE CLOSURE ROUND IN 2003.
(a) Commission Matters.--
(1) Appointment.--Section 2902(c)(1) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (B)--
(i) by striking ``and'' at the end of clause (ii);
(ii) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(iv) by no later than January 24, 2003, in the case of
members of the Commission whose terms will expire at the end
of the first session of the 108th Congress.''; and
(B) in subparagraph (C), by striking ``or for 1995 in
clause (iii) of such subparagraph'' and inserting ``, for
1995 in clause (iii) of that subparagraph, or for 2003 in
clause (iv) of that subparagraph''.
(2) Meetings.--Section 2902(e) of that Act is amended by
striking ``and 1995'' and inserting ``1995, and 2003''.
(3) Funding.--Section 2902(k) of that Act is amended by
adding at the end the following new paragraph (4):
``(4) If no funds are appropriated to the Commission by the
end of the second session of the 107th Congress for the
activities of the Commission in 2003, the Secretary may
transfer to the Commission for purposes of its activities
under this part in that year such funds as the Commission may
require to carry out such activities. The Secretary may
transfer funds under the preceding sentence from any funds
available to the Secretary. Funds so transferred shall remain
available to the Commission for such purposes until
expended.''.
(4) Termination.--Section 2902(l) of that Act is amended by
striking ``December 31, 1995'' and inserting ``December 31,
2003''.
(b) Procedures.--
(1) Force-structure plan.--Section 2903(a) of that Act is
amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As part of the budget justification documents
submitted to Congress in support of the budget for the
Department of Defense for fiscal year 2003, the Secretary
shall include a force-structure plan for the Armed Forces
based on the assessment of the Secretary in the quadrennial
defense review under section 118 of title 10, United States
Code, in 2001 of the probable threats to the national
security during the twenty-year period beginning with fiscal
year 2003.
``(B) The Secretary may revise the force-structure plan
submitted under subparagraph (A). If the Secretary revises
the force-structure plan, the Secretary shall submit the
revised force-structure plan to Congress as part of the
budget justification documents submitted to Congress in
support of the budget for the Department of Defense for
fiscal year 2004.''; and
(C) in paragraph (3), as redesignated by subparagraph (A)
of this paragraph--
(i) in the matter preceding subparagraph (A), by striking
``Such plan'' and inserting ``Each force-structure plan under
this subsection''; and
(ii) in subparagraph (A), by striking ``referred to in
paragraph (1)'' and inserting ``on which such force-structure
plan is based''.
(2) Selection criteria.--Section 2903(b) of that Act is
amended--
(A) in paragraph (1), by inserting ``and by no later than
December 31, 2001, for purposes of activities of the
Commission under this part in 2003,'' after ``December 31,
1990,''; and
(B) in paragraph (2)(A)--
(i) in the first sentence, by inserting ``and by no later
than February 15, 2002, for purposes of activities of the
Commission under this part in 2003,'' after ``February 15,
1991,''; and
(ii) in the second sentence, by inserting ``, or enacted on
or before March 31, 2002, in the case of criteria published
and transmitted under the preceding sentence in 2001'' after
``March 15, 1991''.
(3) Department of defense recommendations.--Section
2903(c)(1) of that Act is amended by striking ``and March 1,
1995'' and inserting ``March 1, 1995, and March 14, 2003''.
(4) Commission review and recommendations.--Section 2903(d)
of that Act is amended--
(A) in paragraph (2)(A), by inserting ``or by no later than
July 7 in the case of recommendations in 2003,'' after
``pursuant to subsection (c),'';
(B) in paragraph (4), by inserting ``or after July 7 in the
case of recommendations in 2003,'' after ``under this
subsection,''; and
(C) in paragraph (5)(B), by inserting ``or by no later than
May 1 in the case of such recommendations in 2003,'' after
``such recommendations,''.
(5) Review by president.--Section 2903(e) of that Act is
amended--
(A) in paragraph (1), by inserting ``or by no later than
July 22 in the case of recommendations in 2003,'' after
``under subsection (d),'';
(B) in the second sentence of paragraph (3), by inserting
``or by no later than August 18 in the case of 2003,'' after
``the year concerned,''; and
(C) in paragraph (5), by inserting ``or by September 3 in
the case of recommendations in 2003,'' after ``under this
part,''.
(c) Relationship to Other Base Closure Authority.--Section
2909(a) of that Act is amended by striking ``December 31,
1995,'' and inserting ``December 31, 2003,''.
SEC. 2902. BASE CLOSURE ACCOUNT 2003.
(a) Establishment.--The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by inserting after
section 2906 the following new section:
``SEC. 2906A. BASE CLOSURE ACCOUNT 2003.
``(a) In General.--(1) There is hereby established on the
books of the Treasury an account to be known as the
`Department of Defense Base Closure Account 2003' (in this
section referred to as the `Account'). The Account shall be
administered by the Secretary as a single account.
``(2) There shall be deposited into the Account--
``(A) funds authorized for and appropriated to the Account;
``(B) any funds that the Secretary may, subject to approval
in an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose,
except that such funds may be transferred only after the date
on which the Secretary transmits written notice of, and
justification for, such transfer to the congressional defense
committees; and
``(C) except as provided in subsection (d), proceeds
received from the lease, transfer, or disposal of any
property at a military installation that is closed or
realigned under this part pursuant to a closure or
realignment the date of approval of which is after September
30, 2003.
``(3) The Account shall be closed at the time and in the
manner provided for appropriation accounts under section 1555
of title 31, United States Code. Unobligated funds which
remain in the Account upon closure shall be held by the
Secretary of the Treasury until transferred by law after the
congressional defense committees receive the final report
transmitted under subsection (c)(2).
``(b) Use of Funds.--(1) The Secretary may use the funds in
the Account only for the purposes described in section 2905
with respect to military installations the date of approval
of closure or realignment of which is after September 30,
2003.
``(2) When a decision is made to use funds in the Account
to carry out a construction project under section 2905(a) and
the cost of the project will exceed the maximum amount
authorized by law for a minor military construction project,
the Secretary shall notify in writing the congressional
defense committees of the nature of, and justification for,
the project and the amount of expenditures for such project.
Any such construction project may be carried out without
regard to section 2802(a) of title 10, United States Code.
``(c) Reports.--(1)(A) No later than 60 days after the end
of each fiscal year in which the Secretary carries out
activities under this part using amounts in the Account, the
Secretary shall transmit a report to the congressional
defense committees of the amount and nature of the deposits
into, and the expenditures from, the Account during such
fiscal year and of the amount and nature of other
expenditures made pursuant to section 2905(a) during such
fiscal year.
``(B) The report for a fiscal year shall include the
following:
``(i) The obligations and expenditures from the Account
during the fiscal year, identified by subaccount, for each
military department and Defense Agency.
``(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which funds
were obligated for such expenditures.
``(iii) Each military construction project for which such
obligations and expenditures were made, identified by
installation and project title.
``(iv) A description and explanation of the extent, if any,
to which expenditures for military construction projects for
the fiscal year differed from proposals for projects and
funding levels that were included in the justification
transmitted to Congress under section 2907(1), or otherwise,
for the funding proposals for the Account for such fiscal
year, including an explanation of--
``(I) any failure to carry out military construction
projects that were so proposed; and
``(II) any expenditures for military construction projects
that were not so proposed.
``(2) No later than 60 days after the termination of the
authority of the Secretary to carry out a closure or
realignment under this part with respect to military
installations the date of approval of closure or realignment
of which is after September 30, 2003, and no later than 60
days after the closure of the Account under subsection
(a)(3), the Secretary shall transmit to the congressional
defense committees a report containing an accounting of--
``(A) all the funds deposited into and expended from the
Account or otherwise expended under this part with respect to
such installations; and
``(B) any amount remaining in the Account.
[[Page H7017]]
``(d) Disposal or Transfer of Commissary Stores and
Property Purchased With Nonappropriated Funds.--(1) If any
real property or facility acquired, constructed, or improved
(in whole or in part) with commissary store funds or
nonappropriated funds is transferred or disposed of in
connection with the closure or realignment of a military
installation under this part the date of approval of closure
or realignment of which is after September 30, 2003, a
portion of the proceeds of the transfer or other disposal of
property on that installation shall be deposited in the
reserve account established under section 204(b)(7)(C) of the
Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note).
``(2) The amount so deposited shall be equal to the
depreciated value of the investment made with such funds in
the acquisition, construction, or improvement of that
particular real property or facility. The depreciated value
of the investment shall be computed in accordance with
regulations prescribed by the Secretary of Defense.
``(3) The Secretary may use amounts in the account (in such
an aggregate amount as is provided in advance in
appropriation Acts) for the purpose of acquiring,
constructing, and improving--
``(A) commissary stores; and
``(B) real property and facilities for nonappropriated fund
instrumentalities.
``(4) In this subsection, the terms `commissary store
funds', `nonappropriated funds', and `nonappropriated fund
instrumentality' shall have the meaning given those terms in
section 2906(d)(4).
``(e) Account Exclusive Source of Funds for Environmental
Restoration Projects.--Except as provided in section 2906(e)
with respect to funds in the Department of Defense Base
Closure Account 1990 under section 2906 and except for funds
deposited into the Account under subsection (a), funds
appropriated to the Department of Defense may not be used for
purposes described in section 2905(a)(1)(C). The prohibition
in this subsection shall expire upon the closure of the
Account under subsection (a)(3).''.
(b) Conforming Amendments.--Section 2906 of that Act is
amended--
(1) in subsection (a)(2)(C), by inserting ``the date of
approval of closure or realignment of which is before
September 30, 2003'' after ``under this part'';
(2) in subsection (b)(1), by inserting ``with respect to
military installations the date of approval of closure or
realignment of which is before September 30, 2003,'' after
``section 2905'';
(3) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by inserting
``with respect to military installations the date of approval
of closure or realignment of which is before September 30,
2003,'' after ``under this part''; and
(B) in subparagraph (A), by inserting ``with respect to
such installations'' after ``under this part'';
(4) in subsection (d)(1), by inserting ``the date of
approval of closure or realignment of which is before
September 30, 2003'' after ``under this part''; and
(5) in subsection (e), by striking ``Except for'' and
inserting ``Except as provided in section 2906A(e) with
respect to funds in the Department of Defense Base Closure
Account 2001 under section 2906A and except for''.
(c) Clerical Amendment.--The section heading of section
2906 of that Act is amended to read as follows:
``SEC. 2906. BASE CLOSURE ACCOUNT 1990.''.
SEC. 2903. ADDITIONAL MODIFICATIONS OF BASE CLOSURE
AUTHORITIES.
(a) Increase in Members of Commission.--Section
2902(c)(1)(A) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2867 note) is amended by striking ``eight members''
and inserting ``nine members''.
(b) Selection Criteria.--Section 2903(b) of that Act is
amended by adding at the end the following new paragraphs:
``(3) The selection criteria shall ensure that military
value is the primary consideration in the making of
recommendations for the closure or realignment of military
installations under this part.
``(4) Any selection criteria proposed by the Secretary
relating to the cost savings or return on investment from the
proposed closure or realignment of a military installation
shall take into account the effect of the proposed closure or
realignment on the costs of any other Federal agency that may
be required to assume responsibility for activities at the
military installation.''.
(c) Department of Defense Recommendations to Commission.--
Section 2903(c) of that Act is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
and (6) as paragraphs (2), (3), (4), (6), (7), and (8),
respectively;
(2) by inserting before paragraph (2), as so redesignated,
by the following new paragraph (1):
``(1) The Secretary shall carry out a comprehensive review
of the military installations of the Department of Defense
inside the United States based on the force-structure plan
submitted under subsection (a)(2), and the final criteria
transmitted under subsection (b)(2), in 2002. The review
shall cover every type of facility or other infrastructure
operated by the Department of Defense.'';
(3) in paragraph (4), as so redesignated--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(B) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) In considering military installations for closure or
realignment under this part in any year after 2001, the
Secretary shall consider the anticipated continuing need for
and availability of military installations worldwide. In
evaluating the need for military installations inside the
United States, the Secretary shall take into account current
restrictions on the use of military installations outside the
United States and the potential for future prohibitions or
restrictions on the use of such military installations.'';
and
(C) in subparagraph (D), as so redesignated, by striking
``subparagraph (B)'' and inserting ``subparagraph (C)'';
(4) by inserting after paragraph (4), as so redesignated,
the following new paragraph (5):
``(5)(A) In making recommendations to the Commission under
this subsection in any year after 2001, the Secretary shall
consider any notice received from a local government in the
vicinity of a military installation that the government would
approve of the closure or realignment of the installation.
``(B) Notwithstanding the requirement in subparagraph (A),
the Secretary shall make the recommendations referred to in
that subparagraph based on the force-structure plan and final
criteria otherwise applicable to such recommendations under
this section.
``(C) The recommendations made by the Secretary under this
subsection in any year after 2001 shall include a statement
of the result of the consideration of any notice described in
subparagraph (A) that is received with respect to an
installation covered by such recommendations. The statement
shall set forth the reasons for the result.''; and
(5) in paragraph (8), as so redesignated--
(A) in the first sentence, by striking ``paragraph (5)(B)''
and inserting ``paragraph (7)(B)''; and
(B) in the second sentence, by striking ``24 hours'' and
inserting ``48 hours''.
(d) Commission Changes in Recommendations of Secretary.--
Section 2903(d)(2) of that Act is amended--
(1) in subparagraph (B), by striking ``if'' and inserting
``only if'';
(2) in subparagraph (C)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) invites the Secretary to testify at a public hearing,
or a closed hearing if classified information is involved, on
the proposed change.'';
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) In the case of a change not described in subparagraph
(D) in the recommendations made by the Secretary, the
Commission may make the change only if the Commission--
``(i) makes the determination required by subparagraph (B);
``(ii) determines that the change is consistent with the
force-structure plan and final criteria referred to in
subsection (c)(1); and
``(iii) invites the Secretary to testify at a public
hearing, or a closed hearing if classified information is
involved, on the proposed change.''.
(e) Privatization in Place.--Section 2904(a) of that Act is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) carry out the privatization in place of a military
installation recommended for closure or realignment by the
Commission in each such report after 2001 only if
privatization in place is a method of closure or realignment
of the installation specified in the recommendation of the
Commission in such report and is determined by the Commission
to be the most-cost effective method of implementation of the
recommendation;''.
(f) Implementation.--
(1) Payment for certain services for property leased back
by the united states.--Section 2905(b)(4)(E) of that Act is
amended--
(1) in clause (iii), by striking ``A lease'' and inserting
``Except as provided in clause (v), a lease''; and
(2) by adding at the end the following new clause (v):
``(v)(I) Notwithstanding clause (iii), a lease under clause
(i) may require the United States to pay the redevelopment
authority concerned, or the assignee of the redevelopment
authority, for facility services and common area maintenance
provided for the leased property by the redevelopment
authority or assignee, as the case may be.
``(II) The rate charged the United States for services and
maintenance provided by a redevelopment authority or assignee
under subclause (I) may not exceed the rate charged non-
Federal tenants leasing property at the installation for such
services and maintenance.
``(III) For purposes of this clause, facility services and
common area maintenance shall not include municipal services
that the State or local government concerned is required by
law to provide without direct charge to landowners, or
firefighting or security-guard functions.''.
(2) Transfers in connection with payment of environmental
remediation.--Section 2905(e) of that Act is amended--
(A) in paragraph (1)(B), by adding at the end the following
new sentence: ``The real
[[Page H7018]]
property and facilities referred to in subparagraph (A) are
also the real property and facilities located at an
installation approved for closure or realignment under this
part after 2001 that are available for purposes other than to
assist the homeless.'';
(B) in paragraph (2)(A), by striking ``to be paid by the
recipient of the property or facilities'' and inserting
``otherwise to be paid by the Secretary with respect to the
property or facilities'';
(C) by striking paragraph (6);
(D) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), (6), respectively; and
(E) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of property or facilities covered by a
certification under paragraph (2)(A), the Secretary may pay
the recipient of such property or facilities an amount equal
to the lesser of--
``(A) the amount by which the costs incurred by the
recipient of such property or facilities for all
environmental restoration, waste, management, and
environmental compliance activities with respect to such
property or facilities exceed the fair market value of such
property or facilities as specified in such certification; or
``(B) the amount by which the costs (as determined by the
Secretary) that would otherwise have been incurred by the
Secretary for such restoration, management, and activities
with respect to such property or facilities exceed the fair
market value of such property or facilities as so
specified.''.
(3) Scope of indemnification of transferees in connection
with payment of environmental remediation.--Paragraph (6) of
section 2905(e) of that Act, as redesignated by paragraph (1)
of this subsection, is further amended by inserting before
the period the following: ``, except in the case of releases
or threatened releases not disclosed pursuant to paragraph
(4)''.
SEC. 2904. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Commencement of Period for Notice of Interest in
Property for Homeless.--Section 2905(b)(7)(D)(ii)(I) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2867 note) is
amended by striking ``that date'' and inserting ``the date of
publication of such determination in a newspaper of general
circulation in the communities in the vicinity of the
installation under subparagraph (B)(i)(IV)''.
(b) Other Clarifying Amendments.--(1) That Act is further
amended by inserting ``or realignment'' after ``closure''
each place it appears in the following provisions:
(A) Section 2905(b)(3).
(B) Section 2905(b)(5).
(C) Section 2905(b)(7)(B)(iv).
(D) Section 2905(b)(7)(N).
(E) Section 2910(10)(B).
(2) That Act is further amended by inserting ``or
realigned'' after ``closed'' each place it appears in the
following provisions:
(A) Section 2905(b)(3)(C)(ii).
(B) Section 2905(b)(3)(D).
(C) Section 2905(b)(3)(E).
(D) Section 2905(b)(4)(A).
(E) Section 2905(b)(5)(A).
(F) Section 2910(9).
(G) Section 2910(10).
(3) Section 2905(e)(1)(B) of that Act is amended by
inserting ``, or realigned or to be realigned,'' after
``closed or to be closed''.
Subtitle B--Modification of 1988 Base Closure Law
SEC. 2911. PAYMENT FOR CERTAIN SERVICES PROVIDED BY
REDEVELOPMENT AUTHORITIES FOR PROPERTY LEASED
BACK BY THE UNITED STATES.
Section 204(b)(4) of the Defense Authorization Amendments
and Base Closure and Realignment Act of (Public Law 100-526;
10 U.S.C. 2687 note) is amended by adding at the end the
following new subparagraph (J):
``(J)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this
title (including property at an installation approved for
realignment which will be retained by the Department of
Defense or another Federal agency after realignment) to the
redevelopment authority for the installation if the
redevelopment authority agrees to lease, directly upon
transfer, one or more portions of the property transferred
under this subparagraph to the Secretary or to the head of
another department or agency of the Federal Government.
Subparagraph (B) shall apply to a transfer under this
subparagraph.
``(ii) A lease under clause (i) shall be for a term of not
to exceed 50 years, but may provide for options for renewal
or extension of the term by the department or agency
concerned.
``(iii) Except as provided in clause (v), a lease under
clause (i) may not require rental payments by the United
States.
``(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned ceases
requiring the use of the leased property before the
expiration of the term of the lease, the remainder of the
lease term may be satisfied by the same or another department
or agency of the Federal Government using the property for a
use similar to the use under the lease. Exercise of the
authority provided by this clause shall be made in
consultation with the redevelopment authority concerned.
``(v)(I) Notwithstanding clause (iii), a lease under clause
(i) may require the United States to pay the redevelopment
authority concerned, or the assignee of the redevelopment
authority, for facility services and common area maintenance
provided for the leased property by the redevelopment
authority or assignee, as the case may be.
``(II) The rate charged the United States for services and
maintenance provided by a redevelopment authority or assignee
under subclause (I) may not exceed the rate charged non-
Federal tenants leasing property at the installation for such
services and maintenance.
``(III) For purposes of this clause, facility services and
common area maintenance shall not include municipal services
that the State or local government concerned is required by
law to provide without direct charge to landowners, or
firefighting or security-guard functions.''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Subject to subsection (b), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 for the activities of the
National Nuclear Security Administration in carrying out
programs necessary for national security in the amount of
$7,351,721,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities,
$5,481,795,000, to be allocated as follows:
(A) For stewardship operation and maintenance,
$4,687,443,000, to be allocated as follows:
(i) For directed stockpile work, $1,016,922,000.
(ii) For campaigns, $2,137,300,000, to be allocated as
follows:
(I) For operation and maintenance, $1,767,328,000.
(II) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $369,972,000, to be allocated as follows:
Project 01-D-101, distributed information systems
laboratory, Sandia National Laboratories, Livermore,
California, $5,400,000.
Project 00-D-103, terascale simulation facility, Lawrence
Livermore National Laboratory, Livermore, California,
$22,000,000.
Project 00-D-105, strategic computing complex, Los Alamos
National Laboratory, Los Alamos, New Mexico, $11,070,000.
Project 00-D-107, joint computational engineering
laboratory, Sandia National Laboratories, Albuquerque, New
Mexico, $5,377,000.
Project 98-D-125, tritium extraction facility, Savannah
River Plant, Aiken, South Carolina, $81,125,000.
Project 96-D-111, national ignition facility (NIF),
Lawrence Livermore National Laboratory, Livermore,
California, $245,000,000.
(iii) For readiness in technical base and facilities,
$1,533,221,000, to be allocated as follows:
(I) For operation and maintenance, $1,356,107,000.
(II) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $177,114,000, to be allocated as follows:
Project 02-D-101, microsystems and engineering sciences
applications (MESA), Sandia National Laboratories,
Albuquerque, New Mexico, $39,000,000.
Project 02-D-103, project engineering and design (PE&D),
various locations, $31,130,000.
Project 02-D-107, electrical power systems safety
communications and bus upgrades, Nevada Test Site, Nevada,
$3,507,000.
Project 01-D-103, preliminary project design and
engineering, various locations, $16,379,000.
Project 01-D-124, highly enriched uranium (HEU) materials
storage facility, Y-12 Plant, Oak Ridge, Tennessee, $0.
Project 01-D-126, weapons evaluation test laboratory,
Pantex Plant, Amarillo, Texas, $7,700,000.
Project 01-D-800, sensitive compartmented information
facility, Lawrence Livermore National Laboratory, Livermore,
California, $12,993,000.
Project 99-D-103, isotope sciences facilities, Lawrence
Livermore National Laboratory, Livermore, California,
$4,400,000.
Project 99-D-104, protection of real property (roof
reconstruction, phase II), Lawrence Livermore National
Laboratory, Livermore, California, $2,800,000.
Project 99-D-106, model validation and system certification
center, Sandia National Laboratories, Albuquerque, New
Mexico, $4,955,000.
Project 99-D-108, renovation of existing roadways, Nevada
Test Site, Nevada, $2,000,000.
Project 99-D-125, replace boilers and controls, Kansas City
Plant, Kansas City, Missouri, $300,000.
Project 99-D-127, stockpile management restructuring
initiative, Kansas City Plant, Kansas City, Missouri,
$22,200,000.
Project 99-D-128, stockpile management restructuring
initiative, Pantex Plant, Amarillo, Texas, $3,300,000.
Project 98-D-123, stockpile management restructuring
initiative, tritium facility modernization and consolidation,
Savannah
[[Page H7019]]
River Plant, Aiken, South Carolina, $13,700,000.
Project 98-D-124, stockpile management restructuring
initiative, Y-12 Plant consolidation, Oak Ridge, Tennessee,
$6,850,000.
Project 97-D-123, structural upgrades, Kansas City Plant,
Kansas City, Missouri, $3,000,000.
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $2,900,000.
(B) For secure transportation asset, $77,571,000, to be
allocated for operation and maintenance.
(C) For safeguards and security, $448,881,000, to be
allocated as follows:
(i) For operation and maintenance, $439,281,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $9,600,000, to be allocated as follows:
Project 99-D-132, stockpile management restructuring
initiative, nuclear material safeguards and security upgrade
project, Los Alamos National Laboratory, Los Alamos, New
Mexico, $9,600,000.
(D) For facilities and infrastructure, $267,900,000.
(2) Defense nuclear nonproliferation.--For other nuclear
security activities, $872,500,000, to be allocated as
follows:
(A) For nonproliferation and verification research and
development, $258,161,000, to be allocated as follows:
(i) For operation and maintenance, $222,355,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $35,806,000, to be allocated as follows:
Project 00-D-192, nonproliferation and international
security center (NISC), Los Alamos National Laboratory, Los
Alamos, New Mexico, $35,806,000.
(B) For arms control, $138,000,000.
(C) For international materials protection, control, and
accounting, $143,800,000.
(D) For highly enriched uranium transparency
implementation, $13,950,000.
(E) For international nuclear safety, $19,500,000.
(F) For fissile materials control and disposition,
$299,089,000, to be allocated as follows:
(i) For United States surplus fissile materials
disposition, $233,089,000, to be allocated as follows:
(I) For operation and maintenance, $130,089,000.
(II) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $103,000,000, to be allocated as follows:
Project 01-D-142, immobilization and associated processing
facility, (Title I and II design), Savannah River Site,
Aiken, South Carolina, $0.
Project 01-D-407, highly enriched uranium blend-down,
Savannah River Site, Aiken, South Carolina, $24,000,000.
Project 99-D-141, pit disassembly and conversion facility
(Title I and II design), Savannah River Site, Aiken, South
Carolina, $16,000,000.
Project 99-D-143, mixed oxide fuel fabrication facility
(Title I and II design), Savannah River Site, Aiken, South
Carolina, $63,000,000.
(ii) For Russian fissile materials disposition,
$66,000,000.
(3) Naval reactors.--For naval reactors, $688,045,000, to
be allocated as follows:
(A) For naval reactors development, $665,445,000, to be
allocated as follows:
(i) For operation and maintenance, $652,245,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $13,200,000, to be allocated as follows:
Project 01-D-200, major office replacement building,
Schenectady, New York, $9,000,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, $4,200,000.
(B) For program direction, $22,600,000.
(4) Office of administrator for nuclear security.--For the
Office of the Administrator for Nuclear Security, and for
program direction for the National Nuclear Security
Administration (other than for naval reactors), $380,366,000.
(b) Adjustments.--The amount authorized to be appropriated
by subsection (a) is hereby reduced by $70,985,000, as
follows:
(1) The amount authorized to be appropriated by paragraph
(1) of that subsection is hereby reduced by $28,985,000,
which is to be derived from offsets and use of prior year
balances.
(2) The amount authorized to be appropriated by paragraph
(2) of that subsection is hereby reduced by $42,000,000,
which is to be derived from use of prior year balances.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) In General.--Subject to subsection (b), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 for environmental restoration and
waste management activities in carrying out programs
necessary for national security in the amount of
$6,047,617,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2836; 42 U.S.C. 7277n), $1,080,538,000.
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$943,196,000, to be allocated as follows:
(A) For operation and maintenance, $919,030,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$24,166,000, to be allocated as follows:
Project 02-D-402, Intec cathodic protection system
expansion, Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $3,256,000.
Project 01-D-414, preliminary project engineering and
design (PE&D), various locations, $6,254,000.
Project 99-D-402, tank farm support services, F&H areas,
Savannah River Site, Aiken, South Carolina, $5,040,000.
Project 99-D-404, health physics instrumentation
laboratory, Idaho National Engineering and Environmental
Laboratories, Idaho Falls, Idaho, $2,700,000.
Project 98-D-453, plutonium stabilization and handling
system for plutonium finishing plant, Richland, Washington,
$1,910,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
and air conditioning and chiller retrofit, Savannah River
Site, Aiken, South Carolina, $4,244,000.
Project 92-D-140, F&H canyon exhaust upgrades, Savannah
River Site, Aiken, South Carolina, $0.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $762,000.
(3) Post-2006 completion.--For post-2006 completion in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$3,245,201,000, to be allocated as follows:
(A) For operation and maintenance, $1,955,979,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$6,754,000, to be allocated as follows:
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$6,754,000.
(C) For the Office of River Protection in carrying out
environmental restoration and waste management activities
necessary for national security programs, $862,468,000, to be
allocated as follows:
(i) For operation and maintenance, $322,151,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $540,317,000, to be allocated as follows:
Project 01-D-416, waste treatment and immobilization plant,
Richland, Washington, $500,000,000.
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $33,473,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $6,844,000.
(4) Science and technology development.--For science and
technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs, $216,000,000.
(5) Excess facilities.--For excess facilities in carrying
out environmental restoration and waste management activities
necessary for national security programs, $1,300,000.
(6) Safeguards and security.--For safeguards and security
in carrying out environmental restoration and waste
management activities necessary for national security
programs, $205,621,000.
(7) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $355,761,000.
(b) Adjustment.--The total amount authorized to be
appropriated by subsection (a) is the sum of the amounts
authorized to be appropriated by paragraphs (2) through (7)
of that subsection, reduced by $42,161,000, to be derived
from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Subject to subsection (b), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 for other defense activities in
carrying out programs necessary for national security in the
amount of $512,195,000, to be allocated as follows:
(1) Intelligence.--For intelligence, $40,844,000.
(2) Counterintelligence.--For counterintelligence,
$46,389,000.
[[Page H7020]]
(3) Security and emergency operations.--For security and
emergency operations, $247,565,000, to be allocated as
follows:
(A) For nuclear safeguards and security, $121,188,000.
(B) For security investigations, $44,927,000.
(C) For program direction, $81,450,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,904,000.
(5) Environment, safety, and health.--For the Office of
Environment, Safety, and Health, $114,600,000, to be
allocated as follows:
(A) For environment, safety, and health (defense),
$91,307,000.
(B) For program direction, $23,293,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $20,000,000, to be
allocated as follows:
(A) For worker and community transition, $18,000,000.
(B) For program direction, $2,000,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $2,893,000.
(8) National security programs administrative support.--For
national security programs administrative support,
$25,000,000.
(b) Adjustments.--
(1) Security and emergency operations, for program
direction.--The amount authorized to be appropriated pursuant
to subsection (a)(3)(B) is reduced by $712,000 to reflect an
offset provided by user organizations for security
investigations.
(2) Other.--The total amount authorized to be appropriated
pursuant to paragraphs (1), (2), (4), (5), (6), (7), and (8)
of subsection (a) is hereby reduced by $10,000,000 to reflect
use of prior year balances.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for privatization
initiatives in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $157,537,000, to be allocated as
follows:
Project 02-PVT-1, Paducah disposal facility, Paducah,
Kentucky, $13,329,000.
Project 02-PVT-2, Portsmouth disposal facility, Portsmouth,
Ohio, $2,000,000.
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $49,332,000.
Project 98-PVT-5, environmental management/waste management
disposal, Oak Ridge, Tennessee, $26,065,000.
Project 97-PVT-2, advanced mixed waste treatment project,
Idaho Falls, Idaho, $56,000,000.
Project 97-PVT-3, transuranic waste treatment, Oak Ridge,
Tennessee, $10,826,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for payment to the
Nuclear Waste Fund established in section 302(C) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $250,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and a period of 30 days has elapsed after
the date on which such committees receive the report, the
Secretary may not use amounts appropriated pursuant to this
title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program
by this title; or
(B) $2,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of the proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON MINOR CONSTRUCTION PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
minor construction project using operation and maintenance
funds, or facilities and infrastructure funds, authorized by
this title.
(b) Annual Report.--The Secretary shall submit to the
congressional defense committees on an annual basis a report
on each exercise of the authority in subsection (a) during
the preceding year. Each report shall give a brief
description of each minor construction project covered by
such report.
(c) Minor Construction Project Defined.--In this section,
the term ``minor construction project'' means any plant
project not specifically authorized by law if the approved
total estimated cost of the plant project does not exceed
$5,000,000.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, authorized by
3101, 3102, or 3103, or which is in support of national
security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25
percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there is excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) does not apply to a
construction project with a current estimated cost of less
than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
time period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to
paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations.
Amounts of authorizations so transferred may be merged with
and be available for the same purposes and for the same
period as the authorization to which the amounts are
transferred.
(2) Not more than 5 percent of any such authorization may
be transferred between authorizations under paragraph (1). No
such authorization may be increased or decreased by more than
5 percent by a transfer under such paragraph.
(c) Limitations.--The authority provided by this subsection
to transfer authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have
a higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committees on Armed Services of the
Senate and House of Representatives of any transfer of funds
to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a minor construction project the total estimated
cost of which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for that design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including funds authorized to be
appropriated for advance planning, engineering, and
construction design, and for plant projects, under sections
3101, 3102, 3103, and 3104 to perform planning, design, and
construction activities for any Department of Energy national
security program construction project that, as determined by
the Secretary, must proceed expeditiously in order to protect
public health and safety, to meet the needs of national
defense, or to protect property.
[[Page H7021]]
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making those activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section
3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when
so specified in an appropriations Act, amounts appropriated
for operation and maintenance or for plant projects may
remain available until expended.
(b) Exception for Program Direction Funds.--Amounts
appropriated for program direction pursuant to an
authorization of appropriations in subtitle A shall remain
available to be expended only until the end of fiscal year
2004.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the
office to another such program or project.
(b) Limitations.--(1) Not more than three transfers may be
made to or from any program or project under subsection (a)
in a fiscal year.
(2) The amount transferred to or from a program or project
under in any one transfer under subsection (a) may not exceed
$5,000,000.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds at
the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied
funds or for a new program or project that has not been
authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Assistant Secretary of Energy for Environmental Management,
shall notify Congress of any transfer of funds pursuant to
subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in paragraph
(2) or (3) of section 3102(a).
(B) A program or project not described in subparagraph (A)
that is for environmental restoration or waste management
activities necessary for national security programs of the
Department, that is being carried out by the office, and for
which defense environmental management funds have been
authorized and appropriated before the date of the enactment
of this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental
restoration and waste management activities necessary for
national security programs.
(f) Duration of Authority.--The managers of the field
offices of the Department may exercise the authority provided
under subsection (a) during the period beginning on October
1, 2001, and ending on September 30, 2002.
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) Transfer Authority for Weapons Activities Funds.--The
Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to
transfer weapons activities funds from a program or project
under the jurisdiction of the office to another such program
or project.
(b) Limitations.--(1) Not more than three transfers may be
made to or from any program or project under subsection (a)
in a fiscal year.
(2) The amount transferred to or from a program or project
in any one transfer under subsection (a) may not exceed
$5,000,000.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of weapons activities funds at the field
office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied
funds or for a new program or project that has not been
authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Administrator for Nuclear Security, shall notify Congress of
any transfer of funds pursuant to subsection (a) not later
than 30 days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in 3101(1).
(B) A program or project not described in subparagraph (A)
that is for weapons activities necessary for national
security programs of the Department, that is being carried
out by the office, and for which weapons activities funds
have been authorized and appropriated before the date of the
enactment of this Act.
(2) The term ``weapons activities funds'' means funds
appropriated to the Department of Energy pursuant to an
authorization for carrying out weapons activities necessary
for national security programs.
(f) Duration of Authority.--The managers of the field
offices of the Department may exercise the authority provided
under subsection (a) during the period beginning on October
1, 2001, and ending on September 30, 2002.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. LIMITATION ON AVAILABILITY OF FUNDS FOR WEAPONS
ACTIVITIES FOR FACILITIES AND INFRASTRUCTURE.
Not more than 50 percent of the funds authorized to be
appropriated by section 3101(a)(1)(D) for the National
Nuclear Security Administration for weapons activities for
facilities and infrastructure may be obligated or expended
until the Administrator for Nuclear Security submits to the
congressional defense committees a report setting forth the
following:
(1) Criteria for the selection of projects to be carried
out using such funds.
(2) Criteria for establishing priorities among projects so
selected.
(3) A list of the projects so selected, including the
priority assigned to each such project.
SEC. 3132. LIMITATION ON AVAILABILITY OF FUNDS FOR OTHER
DEFENSE ACTIVITIES FOR NATIONAL SECURITY
PROGRAMS ADMINISTRATIVE SUPPORT.
Not more than $5,000,000 of the funds authorized to be
appropriated by section 3103(a)(8) for other defense
activities for national security programs administrative
support may be obligated or expended until the later of the
following:
(1) The date on which the Secretary of Energy submits to
Congress a report setting forth the purposes for which such
funds will be obligated and expended.
(2) The date on which the Administrator for Nuclear
Security submits to Congress the future-years nuclear
security program for fiscal year 2002 required by section
3253 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-35; 50 U.S.C. 2453).
SEC. 3133. NUCLEAR CITIES INITIATIVE.
(a) Limitations on Use of Funds.--No funds authorized to be
appropriated for the Nuclear Cities Initiative after fiscal
year 2001 may be obligated or expended with respect to more
than three nuclear cities, or more than two serial production
facilities in Russia, until 30 days after the Administrator
for Nuclear Security submits to the appropriate congressional
committees an agreement signed by the Russian Federation on
access under the Nuclear Cities Initiative to the ten closed
nuclear cities and four serial production facilities of the
Nuclear Cities Initiative.
(b) Annual Report.--(1) Not later than the first Monday in
February each year, the Administrator shall submit to the
appropriate congressional committees a report on financial
and programmatic activities with respect to the Nuclear
Cities Initiative during the preceding fiscal year.
(2) Each report shall include, for the fiscal year covered
by such report, the following:
(A) A list of each project that is or was completed,
ongoing, or planned under the Nuclear Cities Initiative
during such fiscal year.
(B) For each project listed under subparagraph (A),
information, current as of the end of such fiscal year, on
the following:
(i) The purpose of such project.
(ii) The budget for such project.
(iii) The life-cycle costs of such project.
(iv) Participants in such project.
(v) The commercial viability of such project.
(vi) The number of jobs in Russia created or to be created
by or through such project.
(vii) Of the total amount of funds spent on such project,
the percentage of such amount spent in the United States and
the percentage of such amount spent overseas.
(C) A certification by the Administrator that each project
listed under subparagraph
[[Page H7022]]
(A) did contribute, is contributing, or will contribute, as
the case may be, to the downsizing of the nuclear weapons
complex in Russia, together with a description of the
evidence utilized to make such certification.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees means'' the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.
(2) Nuclear cities initiative.--The term ``Nuclear Cities
Initiative'' means the initiative arising pursuant to the
March 1998 discussion between the Vice President of the
United States and the Prime Minister of the Russian
Federation and between the Secretary of Energy of the United
States and the Minister of Atomic Energy of the Russian
Federation.
(3) Nuclear city.--The term ``nuclear city'' means any of
the nuclear cities within the complex of the Russia Ministry
of Atomic Energy (MINATOM) as follows:
(A) Sarov (Arzamas-16 and Avangard).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zhelenznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
SEC. 3134. CONSTRUCTION OF DEPARTMENT OF ENERGY OPERATIONS
OFFICE COMPLEX.
(a) Authority for Design and Construction.--Subject to
subsection (b), the Secretary of Energy may provide for the
design and construction of a new operations office complex
for the Department of Energy in accordance with the
feasibility study regarding such operations office complex
conducted under the National Defense Authorization Act for
Fiscal Year 2000.
(b) Limitation.--The Secretary may not exercise the
authority in subsection (a) until the date on which the
Secretary certifies to Congress that the feasibility study
referred to in subsection (a) is consistent with the plan
submitted under section 3153(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-465).
(c) Basis of Authority.--The design and construction of the
operations office complex authorized by subsection (a) shall
be carried out through one or more energy savings performance
contracts (ESPC) entered into under this section and in
accordance with the provisions of title VIII of the National
Energy Policy Conservation Act (42 U.S.C. 8287 et seq.).
(d) Payment of Costs.--Amounts for payments of costs
associated with the construction of the operations office
complex authorized by subsection (a) shall be derived from
energy savings and ancillary operation and maintenance
savings that result from the replacement of a current
Department of Energy operations office complex (as identified
in the feasibility study referred to in subsection (a)) with
the operations office complex authorized by subsection (a).
Subtitle D--Matters Relating to Management of National Nuclear Security
Administration
SEC. 3141. ESTABLISHMENT OF POSITION OF DEPUTY ADMINISTRATOR
FOR NUCLEAR SECURITY.
(a) Establishment of Position.--Subtitle A of the National
Nuclear Security Administration Act (title XXXII of Public
Law 106-65; 50 U.S.C. 2401 et seq.) is amended--
(1) by redesignating section 3213 as section 3219 and
transferring such section, as so redesignated, to the end of
the subtitle; and
(2) by inserting after section 3212 the following new
section 3213:
``SEC. 3213. DEPUTY ADMINISTRATOR FOR NUCLEAR SECURITY.
``(a) In General.--There is in the Administration a Deputy
Administrator for Nuclear Security, who is appointed by the
President, by and with the advice and consent of the Senate.
``(b) Duties.--(1) The Deputy Administrator shall be the
principal assistant to the Administrator in carrying out the
responsibilities of the Director under this title, and shall
act for, and exercise the powers and duties of, the
Administrator when the Administrator is disabled or there is
no Administrator for Nuclear Security.
``(2) Subject to the authority, direction, and control of
the Administrator, the Deputy Administrator shall perform
such duties, and exercise such powers, relating to the
functions of the Administration as the Administrator may
prescribe.''.
(b) Pay Level.--Section 5314 of title 5, United States
Code, is amended in the item relating to the Deputy
Administrators of the National Nuclear Security
Administration--
(1) by striking ``(3)'' and inserting ``(4)''; and
(2) by striking ``(2)'' and inserting ``(3)''.
SEC. 3142. RESPONSIBILITY FOR NATIONAL SECURITY LABORATORIES
AND WEAPONS PRODUCTION FACILITIES OF DEPUTY
ADMINISTRATOR OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION FOR DEFENSE PROGRAMS.
Section 3214 of the National Nuclear Security
Administration Act (title XXXII of Public Law 106-65; 113
Stat. 959; 50 U.S.C. 2404) is amended by striking subsection
(c).
SEC. 3143. CLARIFICATION OF STATUS WITHIN THE DEPARTMENT OF
ENERGY OF ADMINISTRATION AND CONTRACTOR
PERSONNEL OF THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
Section 3219 of the National Nuclear Security
Administration Act, as redesignated and transferred by
section 3141(a)(1) of this Act, is further amended--
(1) in subsection (a), by striking ``Administration--'' and
inserting ``Administration, in carrying out any function of
the Administration--''; and
(2) in subsection (b), by striking ``shall'' and inserting
``, in carrying out any function of the Administration,
shall''.
SEC. 3144. MODIFICATION OF AUTHORITY OF ADMINISTRATOR FOR
NUCLEAR SECURITY TO ESTABLISH SCIENTIFIC,
ENGINEERING, AND TECHNICAL POSITIONS.
(a) Increase in Authorized Number of Positions.--Section
3241 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 113 Stat. 964; 50 U.S.C.
2441) is amended--
(1) by inserting ``(a) In General--'' before ``The
Administrator''; and
(2) in subsection (a), as so designated, by striking
``300'' and inserting ``500''.
(b) Designation of Existing Provisions on Treatment of
Authority.--That section is further amended--
(1) by designating the second sentence as subsection (b);
(2) aligning the margin of that subsection, as so
designated, so as to indent the text two ems; and
(3) in that subsection, as so designated, by striking
``Subject to the limitations in the preceding sentence,'' and
inserting ``(b) Treatment of Authority.--Subject to the
limitations in subsection (a),''.
(c) Treatment of Positions.--That section is further
amended by adding at the end the following new subsection:
``(c) Treatment of Positions.--A position established under
subsection (a) may not be considered a Senior Executive
Service position (as that term is defined in section
3132(a)(2) of title 5, United States Code), and shall not be
subject to the provisions of subchapter II of chapter 31 of
that title, relating to the Senior Executive Service.''.
Subtitle E--Other Matters
SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
(a) Certain Leukemia as Specified Cancer.--Section 3621(17)
of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (title XXXVI of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398); 114 Stat. 1654A-502), as
amended by section 2403 of the Supplemental Appropriations
Act, 2001 (Public Law 107-20), is further amended by adding
at the end the following new subparagraph:
``(D) Leukemia (other than chronic lymphocytic leukemia),
if initial occupation exposure occurred before 21 years of
age and onset occurred more than two years after initial
occupational exposure.''.
(b) Additional Members of Special Exposure Cohort.--Section
3626(b) of that Act (114 Stat. 1654A-505) is amended in the
matter preceding paragraph (1) by inserting after
``Department of Energy facility'' the following: ``, or at an
atomic weapons employer facility,''.
(c) Establishment of Chronic Silicosis.--Section
3627(e)(2)(A) of that Act (114 Stat. 1654A-506) is amended by
striking ``category 1/1'' and inserting ``category 1/0''.
(d) Survivors.--
(1) In general.--Subsection (e) of section 3628 of that Act
(114 Stat. 1654A-506) is amended to read as follows:
``(e) Survivors.--(1) If a covered employee dies before
accepting payment of compensation under this section, whether
or not the death is the result of the covered employee's
occupational illness, the survivors of the covered employee
who are living at the time of payment of compensation under
this section shall receive payment of compensation under this
section in lieu of the covered employee as follows:
``(A) If such living survivors of the covered employee
include a spouse and one or more children--
``(i) the spouse shall receive one-half of the amount of
compensation provided for the covered employee under this
section; and
``(ii) each child shall receive an equal share of the
remaining one-half of the amount of the compensation provided
for the covered employee under this section.
``(B) If such living survivors of the covered employee
include a spouse or one or more children, but not both a
spouse and one or more children--
``(i) the spouse shall receive the amount of compensation
provided for the covered employee under this section; or
``(ii) each child shall receive an equal share of the
amount of the compensation provided for the covered employee
under this section.
``(C) If such living survivors of the covered employee do
not include a spouse or any children, but do include one or
both parents, one or more grandparents, one or more
grandchildren, or any combination of such individuals, each
such individual shall receive an equal share of the amount of
the compensation provided for the covered employee under this
section.
``(2) For purposes of this subsection, the term `child', in
the case of a covered employee, means any child of the
covered employee, including a natural child, adopted child,
or step-child who lived with the covered employee in a
parent-child relationship.''.
[[Page H7023]]
(2) Uranium employees.--Subsection (e) of section 3630 of
that Act (114 Stat. 1654A-507) is amended to read as follows:
``(e) Survivors.--(1) If a covered uranium employee dies
before accepting payment of compensation under this section,
whether or not the death is the result of the covered uranium
employee's occupational illness, the survivors of the covered
uranium employee who are living at the time of payment of
compensation under this section shall receive payment of
compensation under this section in lieu of the covered
uranium employee as follows:
``(A) If such living survivors of the covered uranium
employee include a spouse and one or more children--
``(i) the spouse shall receive one-half of the amount of
compensation provided for the covered uranium employee under
this section; and
``(ii) each child shall receive an equal share of the
remaining one-half of the amount of the compensation provided
for the covered uranium employee under this section.
``(B) If such living survivors of the covered uranium
employee include a spouse or one or more children, but not
both a spouse and one or more children--
``(i) the spouse shall receive the amount of compensation
provided for the covered uranium employee under this section;
or
``(ii) each child shall receive an equal share of the
amount of the compensation provided for the covered uranium
employee under this section.
``(C) If such living survivors of the covered uranium
employee do not include a spouse or any children, but do
include one or both parents, one or more grandparents, one or
more grandchildren, or any combination of such individuals,
each such individual shall receive an equal share of the
amount of the compensation provided for the covered uranium
employee under this section.
``(2) For purposes of this subsection, the term `child', in
the case of a covered uranium employee, means any child of
the covered employee, including a natural child, adopted
child, or step-child who lived with the covered employee in a
parent-child relationship.''.
(3) Repeal of superseded provision.--Paragraph (18) of
section 3621 of that Act (114 Stat. 1654A-502) is repealed.
(4) Effective date.--The amendments made by this subsection
shall take effect on July 1, 2001.
(e) Dismissal of Pending Suits.--Section 3645(d) of that
Act (114 Stat. 1654A-510) is amended by striking ``the
plaintiff shall not'' and all that follows through the end
and inserting ``and was not dismissed as of the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2002, the plaintiff shall be eligible for
compensation or benefits under subtitle B only if the
plaintiff dismisses such case not later than December 31,
2003.''.
(f) Attorney Fees.--Section 3648 of that Act (114 Stat.
1654A-511) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph (3):
``(3) 10 percent of any compensation paid under the claim
for assisting with or representing a claimant seeking such
compensation by the provision of services other than, or in
addition to, services in connection with the filing of an
initial claim covered by paragraph (1).'';
(2) by redesignating subsection (c) and subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Inapplicability to Services Provided After Award of
Compensation.--This section shall not apply with respect to
any representation or assistance provided to an individual
awarded compensation under subtitle B after the award of
compensation.''.
(g) Study of Residual Contamination of Facilities.--(1) The
National Institute for Occupational Safety and Health shall,
with the cooperation of the Department of Energy and the
Department of Labor, conduct a study on the following:
(A) Whether or not significant contamination remained in
any atomic weapons employer facility or facility of a
beryllium vendor after such facility discontinued activities
relating to the production of nuclear weapons.
(B) If so, whether or not such contamination could have
caused or substantially contributed to the cancer of a
covered employee with cancer or a covered beryllium illness,
as the case may be.
(2)(A) Not later than 180 days after the date of the
enactment of this Act, the National Institute for
Occupational Safety and Health shall submit to the
congressional defense committees a report on the progress
made as of the date of the report on the study under
paragraph (1).
(B) Not later than one year after the date of the enactment
of this Act, the National Institute shall submit to the
congressional defense committees a final report on the study
under paragraph (1).
(3) Amounts for the study under paragraph (1) shall be
derived from amounts authorized to be appropriated by section
3614(a) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (114 Stat. 1654A-498).
(4) In this subsection:
(A) The terms ``atomic weapons employer facility'',
``beryllium vendor'', ``covered employee with cancer'', and
``covered beryllium illness'' have the meanings given those
terms in section 3621 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (114 Stat. 1654A-
498).
(B) The term ``contamination'' means the presence of any
material exposure to which could cause or substantially
contribute to the cancer of a covered employee with cancer or
a covered beryllium illness, as the case may be.
SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH
PROGRAM.
(a) Interim Counterintelligence Polygraph Program.--(1) Not
later than 120 days after the date of enactment of this Act,
the Secretary of Energy shall submit to the congressional
defense committees a plan for conducting, as part of the
Department of Energy personnel assurance programs, an interim
counterintelligence polygraph program consisting of polygraph
examinations of Department of Energy employees, or contractor
employees, at Department facilities. The purpose of
examinations under the interim program is to minimize the
potential for release or disclosure of classified data,
materials, or information until the program required under
subsection (b) is in effect.
(2) The Secretary may exclude from examinations under the
interim program any position or class of positions (as
determined by the Secretary) for which the individual or
individuals in such position or class of positions--
(A) either--
(i) operate in a controlled environment that does not
afford an opportunity, through action solely by the
individual or individuals, to inflict damage on or impose
risks to national security; and
(ii) have duties, functions, or responsibilities which are
compartmentalized or supervised such that the individual or
individuals do not impose risks to national security; or
(B) do not have routine access to top secret Restricted
Data.
(3) The plan shall ensure that individuals who undergo
examinations under the interim program receive protections as
provided under part 40 of title 49, Code of Federal
Regulations.
(4) To ensure that administration of the interim program
does not disrupt safe operations of a facility, the plan
shall insure notification of the management of the facility
at least 14 days in advance of any examination scheduled
under the interim program for any employees of the facility.
(5) The plan shall include procedures under the interim
program for--
(A) identifying and addressing so-called ``false positive''
results of polygraph examinations; and
(B) ensuring that adverse personnel actions not be taken
against an individual solely by reason of the individual's
physiological reaction to a question in a polygraph
examination, unless reasonable efforts are first made to
independently determine through alternative means the
veracity of the individual's response to the question.
(b) New Counterintelligence Polygraph Program.--(1) Not
later than six months after obtaining the results of the
Polygraph Review, the Secretary shall prescribe a proposed
rule containing requirements for a counterintelligence
polygraph program for the Department of Energy. The purpose
of the program is to minimize the potential for release or
disclosure of classified data, materials, or information.
(2) The Secretary shall prescribe the proposed rule under
this subsection in accordance with the provisions of
subchapter II of chapter 5 of title 5, United States Code
(commonly referred to as the Administrative Procedures Act).
(3) In prescribing the proposed rule under this subsection,
the Secretary may include in requirements under the proposed
rule any requirement or exclusion provided for in paragraphs
(2) through (5) of subsection (a).
(4) In prescribing the proposed rule under this subsection,
the Secretary shall take into account the results of the
Polygraph Review.
(c) Repeal of Existing Polygraph Program.--Section 3154 of
the Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of
title XXXI of Public Law 106-65; 42 U.S.C. 7383h) is
repealed.
(d) Report on Further Enhancement of Personnel Security
Program.--(1) Not later than December 31, 2002, the
Administrator for Nuclear Security shall submit to Congress a
report setting forth the recommendations of the Administrator
for any legislative action that the Administrator considers
appropriate in order to enhance the personnel security
program of the Department of Energy.
(2) Any recommendations under paragraph (1) regarding the
use of polygraphs shall take into account the results of the
Polygraph Review.
(e) Definitions.--In this section:
(1) The term ``Polygraph Review'' means the review of the
Committee to Review the Scientific Evidence on the Polygraph
of the National Academy of Sciences.
(2) The term ``Restricted Data'' has the meaning given that
term in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF
ENERGY TO PAY VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.
Section 3161(a) of the National Defense Authorization Act
for Fiscal Year 2000 (Public
[[Page H7024]]
Law 106-65; 113 Stat. 942; 5 U.S.C. 5597 note) is amended by
striking ``January 1, 2003'' and inserting ``January 1,
2004''.
SEC. 3154. ADDITIONAL OBJECTIVE FOR DEPARTMENT OF ENERGY
DEFENSE NUCLEAR FACILITY WORK FORCE
RESTRUCTURING PLAN.
Section 3161(c) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h(c))
is amended by adding at the end the following new paragraph:
``(7) The Department of Energy should provide assistance to
promote the diversification of the economies of communities
in the vicinity of any Department of Energy defense nuclear
facility that may, as determined by the Secretary, be
affected by a future restructuring of its work force under
the plan.''.
SEC. 3155. MODIFICATION OF DATE OF REPORT OF PANEL TO ASSESS
THE RELIABILITY, SAFETY, AND SECURITY OF THE
UNITED STATES NUCLEAR STOCKPILE.
Section 3159(d) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
42 U.S.C. 2121 note) is amended by striking ``of each year,
beginning with 1999,'' and inserting ``of 1999 and 2000, and
not later than February 1, 2002,''.
SEC. 3156. REPORTS ON ACHIEVEMENT OF MILESTONES FOR NATIONAL
IGNITION FACILITY.
(a) Notification of Achievement.--The Administrator for
Nuclear Security shall notify the congressional defense
committees when the National Ignition Facility (NIF),
Lawrence Livermore National Laboratory, California, achieves
each Level one milestone and Level two milestone for the
National Ignition Facility.
(b) Report on Failure of Timely Achievement.--Not later
than 10 days after the date on which the National Ignition
Facility fails to achieve a Level one milestone or Level two
milestone for the National Ignition Facility in a timely
manner, the Administrator shall submit to the congressional
defense committees a report on the failure. The report on a
failure shall include--
(1) a statement of the failure of the National Ignition
Facility to achieve the milestone concerned in a timely
manner;
(2) an explanation for the failure; and
(3) either--
(A) an estimate when the milestone will be achieved; or
(B) if the milestone will not be achieved--
(i) a statement that the milestone will not be achieved;
(ii) an explanation why the milestone will not be achieved;
and
(iii) the implications for the overall scope, schedule, and
budget of the National Ignition Facility project of not
achieving the milestone.
(c) Milestones.--For purposes of this section, the Level
one milestones and Level two milestones for the National
Ignition Facility are as established in the August 2000
revised National Ignition Facility baseline document.
SEC. 3157. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.
(a) Support in Fiscal Year 2002.--From amounts authorized
to be appropriated or otherwise made available to the
Secretary of Energy by this title--
(1) $6,900,000 shall be available for payment by the
Secretary for fiscal year 2002 to the Los Alamos National
Laboratory Foundation, a not-for-profit educational
foundation chartered in accordance with section 3167(a) of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 2052); and
(2) $8,000,000 shall be available for extension of the
contract between the Department of Energy and the Los Alamos
Public Schools through fiscal year 2002.
(b) Support through Fiscal Year 2004.--Subject to the
availability of appropriations for such purposes, the
Secretary may--
(1) make a payment for each of fiscal years 2003 and 2004
similar in amount to the payment referred to in subsection
(a)(1) for fiscal year 2002; and
(2) provide for a contract extension through fiscal year
2004 similar to the contract extension referred to in
subsection (a)(2), including the use of an amount for that
purpose in each of fiscal years 2003 and 2004 similar to the
amount available for that purpose in fiscal year 2002 under
that subsection.
(c) Use of Funds.--The Los Alamos National Laboratory
Foundation shall--
(1) use funds provided the Foundation under this section as
a contribution to the endowment fund of the Foundation; and
(2) use the income generated from investments in the
endowment fund that are attributable to payments made under
this section to fund programs to support the educational
needs of children in public schools in the vicinity of Los
Alamos National Laboratory.
(d) Report.--Not later than March 1, 2003, the
Administrator for Nuclear Security shall submit to the
congressional defense committees a report setting for the
following:
(1) An evaluation of the requirements for continued
payments after fiscal year 2004 into the endowment fund of
the Los Alamos Laboratory Foundation to enable the Foundation
to meet the goals of the Department of Energy to support the
recruitment and retention of staff at the Los Alamos National
Laboratory.
(2) Recommendations regarding the advisability of any
further direct support after fiscal year 2004 for the Los
Alamos Public Schools.
SEC. 3158. IMPROVEMENTS TO CORRAL HOLLOW ROAD, LIVERMORE,
CALIFORNIA.
Of the amounts authorized to be appropriated by section
3101, not more than $325,000 shall be available to the
Secretary of Energy for safety improvements to Corral Hollow
Road adjacent to Site 300 of Lawrence Livermore National
Laboratory, California.
SEC. 3159. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF
DEPARTMENT OF ENERGY FACILITIES TO TERRORIST
ATTACK.
(a) In General.--Part C of title VI of the Department of
Energy Organization Act (42 U.S.C. 7251 et seq.) is amended
by adding at the end the following new section:
``annual assessment and report on vulnerability of facilities to
terrorist attack
``Sec. 663. (a) The Secretary shall, on an annual basis,
conduct a comprehensive assessment of the vulnerability of
Department facilities to terrorist attack.
``(b) Not later than January 31 each year, the Secretary
shall submit to Congress a report on the assessment conducted
under subsection (a) during the preceding year. Each report
shall include the results of the assessment covered by such
report, together with such findings and recommendations as
the Secretary considers appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of that Act is amended by inserting after the item
relating to section 662 the following new item:
``Sec. 663. Annual assessment and report on vulnerability of facilities
to terrorist attack.''.
Subtitle F--Rocky Flats National Wildlife Refuge
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ``Rocky Flats National
Wildlife Refuge Act of 2001''.
SEC. 3172. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Federal Government, through the Atomic Energy
Commission, acquired the Rocky Flats site in 1951 and began
operations there in 1952. The site remains a Department of
Energy facility. Since 1992, the mission of the Rocky Flats
site has changed from the production of nuclear weapons
components to cleanup and closure in a manner that is safe,
environmentally and socially responsible, physically secure,
and cost-effective.
(2) The site has generally remained undisturbed since its
acquisition by the Federal Government.
(3) The State of Colorado is experiencing increasing growth
and development, especially in the metropolitan Denver Front
Range area in the vicinity of the Rocky Flats site. That
growth and development reduces the amount of open space and
thereby diminishes for many metropolitan Denver communities
the vistas of the striking Front Range mountain backdrop.
(4) Some areas of the site contain contamination and will
require further response action. The national interest
requires that the ongoing cleanup and closure of the entire
site be completed safely, effectively, and without
unnecessary delay and that the site thereafter be retained by
the United States and managed so as to preserve the value of
the site for open space and wildlife habitat.
(5) The Rocky Flats site provides habitat for many wildlife
species, including a number of threatened and endangered
species, and is marked by the presence of rare xeric
tallgrass prairie plant communities. Establishing the site as
a unit of the National Wildlife Refuge System will promote
the preservation and enhancement of those resources for
present and future generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to provide for the establishment of the Rocky Flats
site as a national wildlife refuge following cleanup and
closure of the site;
(2) to create a process for public input on refuge
management before transfer of administrative jurisdiction to
the Secretary of the Interior; and
(3) to ensure that the Rocky Flats site is thoroughly and
completely cleaned up.
SEC. 3173. DEFINITIONS.
In this subtitle:
(1) Cleanup and closure.--The term ``cleanup and closure''
means the response actions and decommissioning activities
being carried out at Rocky Flats by the Department of Energy
under the 1996 Rocky Flats Cleanup Agreement, the closure
plans and baselines, and any other relevant documents or
requirements.
(2) Coalition.--The term ``Coalition'' means the Rocky
Flats Coalition of Local Governments established by the
Intergovernmental Agreement, dated February 16, 1999, among--
(A) the city of Arvada, Colorado;
(B) the city of Boulder, Colorado;
(C) the city of Broomfield, Colorado;
(D) the city of Westminster, Colorado;
(E) the town of Superior, Colorado;
(F) Boulder County, Colorado; and
(G) Jefferson County, Colorado.
(3) Hazardous substance.--The term ``hazardous substance''
means--
[[Page H7025]]
(A) any hazardous substance, pollutant, or contaminant
regulated under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.); and
(B) any--
(i) petroleum (including any petroleum product or
derivative);
(ii) unexploded ordnance;
(iii) military munition or weapon; or
(iv) nuclear or radioactive material;
not otherwise regulated as a hazardous substance under any
law in effect on the date of enactment of this Act.
(4) Pollutant or contaminant.--The term ``pollutant or
contaminant'' has the meaning given the term in section 101
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(5) Refuge.--The term ``refuge'' means the Rocky Flats
National Wildlife Refuge established under section 3177.
(6) Response action.--The term ``response action'' has the
meaning given the term ``response'' in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601) or any similar
requirement under State law.
(7) RFCA.--The term ``RFCA'' means the Rocky Flats Cleanup
Agreement, an intergovernmental agreement, dated July 19,
1996, among--
(A) the Department of Energy;
(B) the Environmental Protection Agency; and
(C) the Department of Public Health and Environment of the
State of Colorado.
(8) Rocky flats.--
(A) In general.--The term ``Rocky Flats'' means the Rocky
Flats Environmental Technology Site, Colorado, a defense
nuclear facility, as depicted on the map entitled ``Rocky
Flats Environmental Technology Site'', dated July 15, 1998,
and available for inspection in the appropriate offices of
the United States Fish and Wildlife Service.
(B) Exclusions.--The term ``Rocky Flats'' does not
include--
(i) land and facilities of the Department of Energy's
National Wind Technology Center; or
(ii) any land and facilities not within the boundaries
depicted on the map identified in subparagraph (A).
(9) Rocky flats trustees.--The term ``Rocky Flats
Trustees'' means the Federal and State of Colorado entities
that have been identified as trustees for Rocky Flats under
section 107(f)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9607(f)(2)).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT.
(a) Federal Ownership.--Except as expressly provided in
this subtitle or any Act enacted after the date of enactment
of this Act, all right, title, and interest of the United
States, held on or acquired after the date of enactment of
this Act, to land or interest therein, including minerals,
within the boundaries of Rocky Flats shall be retained by the
United States.
(b) Lindsay Ranch.--The structures that comprise the former
Lindsay Ranch homestead site in the Rock Creek Reserve area
of the buffer zone, as depicted on the map referred to in
section 3173(8), shall be permanently preserved and
maintained in accordance with the National Historic
Preservation Act (16 U.S.C. 470 et seq.).
(c) Prohibition on Annexation.--Neither the Secretary nor
the Secretary of the Interior shall allow the annexation of
land within the refuge by any unit of local government.
(d) Prohibition on Through Roads.--Except as provided in
subsection (e), no public road shall be constructed through
Rocky Flats.
(e) Transportation Right-of-Way.--
(1) In general.--
(A) Availability of land.--On submission of an application
meeting each of the conditions specified in paragraph (2),
the Secretary, in consultation with the Secretary of the
Interior, shall make available land along the eastern
boundary of Rocky Flats for the sole purpose of
transportation improvements along Indiana Street.
(B) Boundaries.--Land made available under this paragraph
may not extend more than 300 feet from the west edge of the
Indiana Street right-of-way, as that right-of-way exists as
of the date of enactment of this Act.
(C) Easement or sale.--Land may be made available under
this paragraph by easement or sale to 1 or more appropriate
entities.
(D) Compliance with applicable law.--Any action under this
paragraph shall be taken in compliance with applicable law.
(2) Conditions.--An application for land under this
subsection may be submitted by any county, city, or other
political subdivision of the State of Colorado and shall
include documentation demonstrating that--
(A) the transportation project is constructed so as to
minimize adverse effects on the management of Rocky Flats as
a wildlife refuge; and
(B) the transportation project is included in the regional
transportation plan of the metropolitan planning organization
designated for the Denver metropolitan area under section
5303 of title 49, United States Code.
SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND
JURISDICTION OVER ROCKY FLATS.
(a) In General.--
(1) Memorandum of understanding.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of the
Interior shall publish in the Federal Register a draft
memorandum of understanding under which--
(i) the Secretary shall provide for the subsequent transfer
of administrative jurisdiction over Rocky Flats to the
Secretary of the Interior; and
(ii) the Secretary of the Interior shall manage natural
resources at Rocky Flats until the date on which the transfer
becomes effective.
(B) Required elements.--
(i) In general.--Subject to clause (ii), the memorandum of
understanding shall--
(I) provide for the division of responsibilities between
the Secretary and the Secretary of the Interior necessary to
carry out the proposed transfer of land;
(II) for the period ending on the date of the transfer--
(aa) provide for the division of responsibilities between
the Secretary and the Secretary of the Interior; and
(bb) provide for the management of the land proposed to be
transferred by the Secretary of the Interior as a national
wildlife refuge, for the purposes provided under section
3177(d)(2);
(III) provide for the annual transfer of funds from the
Secretary to the Secretary of the Interior for the management
of the land proposed to be transferred; and
(IV) subject to subsection (b)(1), identify the land
proposed to be transferred to the Secretary of the Interior.
(ii) No reduction in funds.--The memorandum of
understanding and the subsequent transfer shall not result in
any reduction in funds available to the Secretary for cleanup
and closure of Rocky Flats.
(C) Deadline.--Not later than 18 months after the date of
enactment of this Act, the Secretary and Secretary of the
Interior shall finalize and implement the memorandum of
understanding.
(2) Exclusions.--The transfer under paragraph (1) shall not
include the transfer of any property or facility over which
the Secretary retains jurisdiction, authority, and control
under subsection (b)(1).
(3) Condition.--The transfer under paragraph (1) shall
occur--
(A) not earlier than the date on which the Administrator of
the Environmental Protection Agency certifies to the
Secretary and to the Secretary of the Interior that the
cleanup and closure and all response actions at Rocky Flats
have been completed, except for the operation and maintenance
associated with those actions; but
(B) not later than 30 business days after that date.
(4) Cost; improvements.--The transfer--
(A) shall be completed without cost to the Secretary of the
Interior; and
(B) may include such buildings or other improvements as the
Secretary of the Interior has requested in writing for refuge
management purposes.
(b) Property and Facilities Excluded From Transfers.--
(1) In general.--The Secretary shall retain jurisdiction,
authority, and control over all real property and facilities
at Rocky Flats that are to be used for--
(A) any necessary and appropriate long-term operation and
maintenance facility to intercept, treat, or control a
radionuclide or any other hazardous substance, pollutant, or
contaminant; and
(B) any other purpose relating to a response action or any
other action that is required to be carried out at Rocky
Flats.
(2) Consultation.--
(A) Identification of property.--
(i) In general.--The Secretary shall consult with the
Secretary of the Interior, the Administrator of the
Environmental Protection Agency, and the State of Colorado on
the identification of all property to be retained under this
subsection to ensure the continuing effectiveness of response
actions.
(ii) Amendment to memorandum of understanding.--
(I) In general.--After the consultation, the Secretary and
the Secretary of the Interior shall by mutual consent amend
the memorandum of understanding required under subsection (a)
to specifically identify the land for transfer and provide
for determination of the exact acreage and legal description
of the property to be transferred by a survey mutually
satisfactory to the Secretary and the Secretary of the
Interior.
(II) Council on environmental quality.--In the event the
Secretary and the Secretary of the Interior cannot agree on
the land to be retained or transferred, the Secretary or the
Secretary of the Interior may refer the issue to the Council
on Environmental Quality, which shall decide the issue within
45 days of such referral, and the Secretary and the Secretary
of the Interior shall then amend the memorandum of
understanding required under subsection (a) in conformity
with the decision of the Council on Environmental Quality.
(B) Management of property.--
(i) In general.--The Secretary shall consult with the
Secretary of the Interior on the management of the retained
property to minimize any conflict between the management of
property transferred to the Secretary of the Interior and
property retained by the Secretary for response actions.
[[Page H7026]]
(ii) Conflict.--In the case of any such conflict,
implementation and maintenance of the response action shall
take priority.
(3) Access.--As a condition of the transfer under
subsection (a), the Secretary shall be provided such
easements and access as are reasonably required to carry out
any obligation or address any liability.
(c) Administration.--
(1) In general.--On completion of the transfer under
subsection (a), the Secretary of the Interior shall
administer Rocky Flats in accordance with this subtitle
subject to--
(A) any response action or institutional control at Rocky
Flats carried out by or under the authority of the Secretary
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(B) any other action required under any other Federal or
State law to be carried out by or under the authority of the
Secretary.
(2) Conflict.--In the case of any conflict between the
management of Rocky Flats by the Secretary of the Interior
and the conduct of any response action or other action
described in subparagraph (A) or (B) of paragraph (1), the
response action or other action shall take priority.
(3) Continuing actions.--Except as provided in paragraph
(1), nothing in this subsection affects any response action
or other action initiated at Rocky Flats on or before the
date of the transfer under subsection (a).
(d) Liability.--
(1) In general.--The Secretary shall retain any obligation
or other liability for land transferred under subsection (a)
under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(B) any other applicable law.
(2) Response actions.--
(A) In general.--The Secretary shall be liable for the cost
of any necessary response actions, including any costs or
claims asserted against the Secretary, for any release, or
substantial threat of release, of a hazardous substance, if
the release, or substantial threat of release, is--
(i) located on or emanating from land--
(I) identified for transfer by this section; or
(II) subsequently transferred under this section;
(ii)(I) known at the time of transfer; or
(II) subsequently discovered; and
(iii) attributable to--
(I) management of the land by the Secretary; or
(II) the use, management, storage, release, treatment, or
disposal of a hazardous substance on the land by the
Secretary.
(B) Recovery from third party.--Nothing in this paragraph
precludes the Secretary, on behalf of the United States, from
bringing a cost recovery, contribution, or other action
against a third party that the Secretary reasonably believes
may have contributed to the release, or substantial threat of
release, of a hazardous substance.
SEC. 3176. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE.
(a) Ongoing Cleanup and Closure.--
(1) In general.--The Secretary shall--
(A) carry out to completion cleanup and closure at Rocky
Flats; and
(B) conduct any necessary operation and maintenance of
response actions.
(2) No restriction on use of new technologies.--Nothing in
this subtitle, and no action taken under this subtitle,
restricts the Secretary from using at Rocky Flats any new
technology that may become available for remediation of
contamination.
(b) Rules of Construction.--
(1) No relief from obligations under other law.--
(A) In general.--Nothing in this subtitle, and no action
taken under this subtitle, relieves the Secretary, the
Administrator of the Environmental Protection Agency, or any
other person from any obligation or other liability with
respect to Rocky Flats under the RFCA or any applicable
Federal or State law.
(B) No effect on rfca.--Nothing in this subtitle impairs or
alters any provision of the RFCA.
(2) Required cleanup levels.--
(A) In general.--Except as provided in subparagraph (B),
nothing in this subtitle affects the level of cleanup and
closure at Rocky Flats required under the RFCA or any Federal
or State law.
(B) No effect from establishment as national wildlife
refuge.--
(i) In general.--The requirements of this subtitle for
establishment and management of Rocky Flats as a national
wildlife refuge shall not reduce the level of cleanup and
closure.
(ii) Cleanup levels.--The Secretary shall conduct cleanup
and closure of Rocky Flats to the levels established for
soil, water, and other media, following a thorough review, by
the parties to the RFCA and the public (including the United
States Fish and Wildlife Service and other interested
government agencies), of the appropriateness of the interim
levels in the RFCA.
(3) No effect on obligations for measures to control
contamination.--Nothing in this subtitle, and no action taken
under this subtitle, affects any long-term obligation of the
United States, acting through the Secretary, relating to
funding, construction, monitoring, or operation and
maintenance of--
(A) any necessary intercept or treatment facility; or
(B) any other measure to control contamination.
(c) Payment of Response Action Costs.--Nothing in this
subtitle affects the obligation of a Federal department or
agency that had or has operations at Rocky Flats resulting in
the release or threatened release of a hazardous substance or
pollutant or contaminant to pay the costs of response actions
carried out to abate the release of, or clean up, the
hazardous substance or pollutant or contaminant.
(d) Consultation.--In carrying out a response action at
Rocky Flats, the Secretary shall consult with the Secretary
of the Interior to ensure that the response action is carried
out in a manner that--
(1) does not impair the attainment of the goals of the
response action; but
(2) minimizes, to the maximum extent practicable, adverse
effects of the response action on the refuge.
SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE.
(a) Establishment.--Not later than 30 days after the
transfer of jurisdiction under section 3175(a), the Secretary
of the Interior shall establish at Rocky Flats a national
wildlife refuge to be known as the ``Rocky Flats National
Wildlife Refuge''.
(b) Composition.--The refuge shall consist of the real
property subject to the transfer of administrative
jurisdiction under section 3175(a)(1).
(c) Notice.--The Secretary of the Interior shall publish in
the Federal Register a notice of the establishment of the
refuge.
(d) Administration and Purposes.--
(1) In general.--The Secretary of the Interior shall manage
the refuge in accordance with applicable law, including this
subtitle, the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.), and the purposes
specified in that Act.
(2) Refuge purposes.--At the conclusion of the transfer
under section 3175(a)(3), the refuge shall be managed for the
purposes of--
(A) restoring and preserving native ecosystems;
(B) providing habitat for, and population management of,
native plants and migratory and resident wildlife;
(C) conserving threatened and endangered species (including
species that are candidates for listing under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.)); and
(D) providing opportunities for compatible, wildlife-
dependent environmental scientific research.
(3) Management.--In managing the refuge, the Secretary
shall ensure that wildlife-dependent recreation and
environmental education and interpretation are the priority
public uses of the refuge.
SEC. 3178. COMPREHENSIVE CONSERVATION PLAN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in developing a comprehensive
conservation plan in accordance with section 4(e) of the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd(e)), the Secretary of the Interior, in
consultation with the Secretary, the members of the
Coalition, the Governor of the State of Colorado, and the
Rocky Flats Trustees, shall establish a comprehensive
planning process that involves the public and local
communities.
(b) Other Participants.--In addition to the entities
specified in subsection (a), the comprehensive planning
process shall include the opportunity for direct involvement
of entities not members of the Coalition as of the date of
enactment of this Act, including the Rocky Flats Citizens'
Advisory Board and the cities of Thornton, Northglenn,
Golden, Louisville, and Lafayette, Colorado.
(c) Dissolution of Coalition.--If the Coalition dissolves,
or if any Coalition member elects to leave the Coalition
during the comprehensive planning process under this
section--
(1) the comprehensive planning process under this section
shall continue; and
(2) an opportunity shall be provided to each entity that is
a member of the Coalition as of September 1, 2000, for direct
involvement in the comprehensive planning process.
(d) Contents.--In addition to the requirements under
section 4(e) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(e)), the
comprehensive conservation plan required by this section
shall address and make recommendations on the following:
(1) The identification of any land described in section
3174(e) that could be made available for transportation
purposes.
(2) The potential for leasing any land in Rocky Flats for
the National Renewable Energy Laboratory to carry out
projects relating to the National Wind Technology Center.
(3) The characteristics and configuration of any perimeter
fencing that may be appropriate or compatible for cleanup and
closure, refuge, or other purposes.
(4) The feasibility of locating, and the potential location
for, a visitor and education center at the refuge.
(5) Any other issues relating to Rocky Flats.
(e) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Interior shall
submit to the Committee on Armed Services of the Senate and
the Committee on Resources of the House of Representatives--
(1) the comprehensive conservation plan prepared under this
section; and
(2) a report that--
[[Page H7027]]
(A) outlines the public involvement in the comprehensive
planning process; and
(B) to the extent that any input or recommendation from the
comprehensive planning process is not accepted, clearly
states the reasons why the input or recommendation is not
accepted.
SEC. 3179. PROPERTY RIGHTS.
(a) In General.--Except as provided in subsection (c),
nothing in this subtitle limits any valid, existing property
right at Rocky Flats that is owned by any person or entity,
including, but not limited to--
(1) any mineral right;
(2) any water right or related easement; and
(3) any facility or right-of-way for a utility.
(b) Access.--Except as provided in subsection (c), nothing
in this subtitle affects any right of an owner of a property
right described in subsection (a) to access the owner's
property.
(c) Reasonable Conditions.--
(1) In general.--The Secretary or the Secretary of the
Interior may impose such reasonable conditions on access to
property rights described in subsection (a) as are
appropriate for the cleanup and closure of Rocky Flats and
for the management of the refuge.
(2) No effect on applicable law.--Nothing in this subtitle
affects any other applicable Federal, State, or local law
(including any regulation) relating to the use, development,
and management of property rights described in subsection
(a).
(3) No effect on access rights.--Nothing in this subsection
precludes the exercise of any access right, in existence on
the date of enactment of this Act, that is necessary to
perfect or maintain a water right in existence on that date.
(d) Purchase of Mineral Rights.--
(1) In general.--The Secretary shall seek to acquire any
and all mineral rights at Rocky Flats through donation or
through purchase or exchange from willing sellers for fair
market value.
(2) Funding.--The Secretary and the Secretary of the
Interior--
(A) may use for the purchase of mineral rights under
paragraph (1) funds specifically provided by Congress; but
(B) shall not use for such purchase funds appropriated by
Congress for the cleanup and closure of Rocky Flats.
(e) Utility Extension.--
(1) In general.--The Secretary or the Secretary of the
Interior may allow not more than one extension from an
existing utility right-of-way on Rocky Flats, if necessary.
(2) Conditions.--An extension under paragraph (1) shall be
subject to the conditions specified in subsection (c).
(f) Easement Surveys.--
(1) In general.--Subject to paragraph (2), until the date
that is 180 days after the date of enactment of this Act, an
entity that possesses a decreed water right or prescriptive
easement relating to land at Rocky Flats may carry out such
surveys at Rocky Flats as the entity determines are necessary
to perfect the right or easement.
(2) Limitation on conditions.--An activity carried out
under paragraph (1) shall be subject only to such conditions
as are imposed--
(A) by the Secretary of Energy, before the date on which
the transfer of management responsibilities under section
3175(a)(3) is completed, to minimize interference with the
cleanup and closure of Rocky Flats; and
(B) by the Secretary of the Interior, on or after the date
on which the transfer of management responsibilities under
section 3175(a)(3) is completed, to minimize adverse effects
on the management of the refuge.
SEC. 3180. ROCKY FLATS MUSEUM.
(a) Museum.--In order to commemorate the contribution that
Rocky Flats and its worker force provided to the winning of
the Cold War and the impact that the contribution has had on
the nearby communities and the State of Colorado, the
Secretary may establish a Rocky Flats Museum.
(b) Location.--The Rocky Flats Museum shall be located in
the city of Arvada, Colorado, unless, after consultation
under subsection (c), the Secretary determines otherwise.
(c) Consultation.--The Secretary shall consult with the
city of Arvada, other local communities, and the Colorado
State Historical Society on--
(1) the development of the museum;
(2) the siting of the museum; and
(3) any other issues relating to the development and
construction of the museum.
(d) Report.--Not later than three years after the date of
enactment of this Act, the Secretary, in coordination with
the city of Arvada, shall submit to the Committee on Armed
Services of the Senate and the appropriate committee of the
House of Representatives a report on the costs associated
with the construction of the museum and any other issues
relating to the development and construction of the museum.
SEC. 3181. REPORT ON FUNDING.
At the time of submission of the first budget of the United
States Government submitted by the President under section
1105 of title 31, United States Code, after the date of
enactment of this Act, and annually thereafter, the Secretary
and the Secretary of the Interior shall report to the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the appropriate committees
of the House of Representatives on--
(1) the costs incurred in implementing this subtitle during
the preceding fiscal year; and
(2) the funds required to implement this subtitle during
the current and subsequent fiscal years.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2002, $18,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN THE
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to the conditions specified
in subsection (b), the President may dispose of obsolete and
excess materials currently contained in the National Defense
Stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c). 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. 3302. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF
COBALT IN THE NATIONAL DEFENSE STOCKPILE.
(a) Public Law 105-261.--Section 3303 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (112
Stat. 2263; 50 U.S.C. 98d note) is amended--
(1) in subsection (a), by striking ``the amount of--'' and
inserting ``total amounts not less than--''; and
(2) in subsection (b)(2), by striking ``receipts in the
amounts specified in subsection (a)'' and inserting
``receipts in the total amount specified in such subsection
(a)(4)''.
(b) Public Law 105-85.--Section 3305 of the National
Defense Authorization Act for Fiscal Year 1998 (111 Stat.
2057; 50 U.S.C. 98d note) is amended--
(1) in subsection (a), by striking ``amounts equal to--''
and inserting ``total amounts not less than--''; and
(2) in subsection (b)(2)--
(A) by striking ``may not dispose of cobalt under this
section'' and inserting ``may not, under this section,
dispose of cobalt in the fiscal year referred to in
subsection (a)(5)''; and
(B) by striking ``receipts in the amounts specified in
subsection (a)'' and inserting ``receipts during that fiscal
year in the total amount specified in such subsection
(a)(5)''.
(c) Public Law 104-201.--Section 3303 of the National
Defense Authorization Act for Fiscal Year 1997 (110 Stat.
2855; 50 U.S.C. 98d note) is amended--
(1) in subsection (a), by striking ``amounts equal to--''
and inserting ``total amounts not less than--''; and
(2) in subsection (b)(2)--
(A) by striking ``may not dispose of materials under this
section'' and inserting ``may not, under this section,
dispose of materials during the 10-fiscal year period
referred to in subsection (a)(2)''; and
(B) by striking ``receipts in the amounts specified in
subsection (a)'' and inserting ``receipts during that period
in the total amount specified in such subsection (a)(2)''.
SEC. 3303. ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN THE
NATIONAL DEFENSE STOCKPILE.
Section 3305(a) of the National Defense Authorization Act
for Fiscal Year 1998 (111 Stat. 2057; 50 U.S.C. 98d note) is
amended--
(1) in paragraph (1), by striking ``2003'' and inserting
``2002'';
(2) in paragraph (1), by striking ``2004'' and inserting
``2003'';
(3) in paragraph (1), by striking ``2005'' and inserting
``2004'';
(4) in paragraph (1), by striking ``2006'' and inserting
``2005''; and
(5) in paragraph (1), by striking ``2007'' and inserting
``2006''.
SEC. 3304. REVISION OF RESTRICTION ON DISPOSAL OF MANGANESE
FERRO.
Section 3304 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 629) is
amended--
(1) in subsection (a)--
(A) by striking ``(a) Disposal of Lower Grade Material
First.--The President'' and inserting ``During fiscal year
2002, the President''; and
[[Page H7028]]
(B) in the first sentence, by striking ``, until completing
the disposal of all manganese ferro in the National Defense
Stockpile that does not meet such classification''; and
(2) by striking subsections (b) and (c).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Secretary of Energy
$17,371,000 for fiscal year 2002 for the purpose of carrying
out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves (as defined in
section 7420(2) of such title).
(b) Availability.--The amount authorized to be appropriated
by subsection (a) shall remain available until expended.
Motion Offered by Mr. Stump
Mr. STUMP. Mr. Speaker, I offer a motion.
The Clerk read as follows:
Mr. Stump moves to strike all after the enacting clause of
the bill, S. 1438 and to insert in lieu thereof the
provisions of H.R. 2586 as passed by the House.
The text of H.R. 2586 is as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2002''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health programs.
Sec. 108. Additional amount for shipbuilding and conversion, Navy.
Subtitle B--Army Programs
Sec. 111. Extension of multiyear contract for Family of Medium Tactical
Vehicles.
Sec. 112. Repeal of limitations on bunker defeat munitions program.
Subtitle C--Air Force Programs
Sec. 121. Responsibility of Air Force for contracts for all defense
space launches.
Sec. 122. Multi-year procurement of C-17 aircraft.
Subtitle D--Chemical Munitions Destruction
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Cooperative Department of Defense-Department of Veterans
Affairs medical research program.
Sec. 212. Advanced Land Attack Missile program.
Sec. 213. Collaborative program for development of advanced radar
systems for naval applications.
Sec. 214. Cost limitation applicable to F-22 aircraft program
engineering and manufacturing development.
Sec. 215. C-5 aircraft modernization.
Subtitle C--Ballistic Missile Defense
Sec. 231. Transfer of responsibility for procurement for missile
defense programs from Ballistic Missile Defense
Organization to military departments.
Sec. 232. Repeal of program element requirements for ballistic missile
defense programs.
Sec. 233. Support of ballistic missile defense activities of the
Department of Defense by the national defense
laboratories of the Department of Energy.
Sec. 234. Missile defense testing initiative.
Sec. 235. Missile Defense System Test Bed Facilities.
Subtitle D--Other Matters
Sec. 241. Establishment of unmanned aerial vehicle joint operational
test bed system.
Sec. 242. Demonstration project to increase small business and
university participation in Office of Naval Research
efforts to extend benefits of science and technology
research to fleet.
Sec. 243. Management responsibility for Navy mine countermeasures
programs.
Sec. 244. Program to accelerate the introduction of innovative
technology in defense acquisition programs.
Subtitle E--Air Force Science and Technology for the 21st Century
Sec. 251. Short title.
Sec. 252. Science and technology investment and development planning.
Sec. 253. Study and report on effectiveness of Air Force science and
technology program changes.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B--Environmental Provisions
Sec. 311. Inventory of explosive risk sites at former military ranges.
Sec. 312. National security impact statements.
Sec. 313. Reimbursement for certain costs in connection with Hooper
Sands site, South Berwick, Maine.
Sec. 314. River mitigation studies.
Sec. 315. Elimination of annual report on contractor reimbursement for
costs of environmental response actions.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 321. Reserve component commissary benefits.
Sec. 322. Reimbursement for noncommissary use of commissary facilities.
Sec. 323. Civil recovery for nonappropriated fund instrumentality costs
related to shoplifting.
Subtitle D--Workforce and Depot Issues
Sec. 331. Workforce review limitations.
Sec. 332. Applicability of core logistics capability requirements to
nuclear aircraft carriers.
Sec. 333. Continuation of contractor manpower reporting system in
Department of the Army.
Sec. 334. Limitation on expansion of Wholesale Logistics Modernization
Program.
Sec. 335. Pilot project for exclusion of certain expenditures from
limitation on private sector performance of depot-level
maintenance.
Sec. 336. Protections for purchasers of articles and services
manufactured or performed by working-capital funded
industrial facilities of the Department of Defense.
Subtitle E--Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 342. Availability of auxiliary services of defense dependents'
education system for dependents who are home school
students.
Sec. 343. Report regarding compensation for teachers employed in
teaching positions in overseas schools operated by the
Department of Defense.
Subtitle F--Other Matters
Sec. 351. Availability of excess defense personal property to support
Department of Veterans Affairs initiative to assist
homeless veterans.
Sec. 352. Continuation of limitations on implementation of Navy-Marine
Corps Intranet contract.
Sec. 353. Completion and evaluation of current demonstration programs
to improve quality of personal property shipments of
members.
Sec. 354. Expansion of entities eligible for loan, gift, and exchange
of documents, historical artifacts, and obsolete combat
materiel.
Sec. 355. Sense of Congress regarding security to be provided at the
2002 Winter Olympic Games.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of Reserve personnel serving on active
duty or full-time National Guard duty in certain grades
for administration of Reserve components.
[[Page H7029]]
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Increase in percentage by which active component end
strengths for any fiscal year may be increased.
Sec. 422. Active duty end strength exemption for National Guard and
reserve personnel performing funeral honors functions.
Sec. 423. Increase in authorized strengths for Air Force officers on
active duty in the grade of major.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General Personnel Management Authorities
Sec. 501. Enhanced flexibility for management of senior general and
flag officer positions.
Sec. 502. Original appointments in regular grades for Academy graduates
and certain other new officers.
Sec. 503. Temporary reduction of time-in-grade requirement for
eligibility for promotion for certain active-duty list
officers in grades of first lieutenant and lieutenant
(junior grade).
Sec. 504. Increase in senior enlisted active duty grade limit for Navy,
Marine Corps, and Air Force.
Sec. 505. Authority for limited extension of medical deferment of
mandatory retirement or separation.
Sec. 506. Authority for limited extension on active duty of members
subject to mandatory retirement or separation.
Sec. 507. Clarification of disability severance pay computation.
Sec. 508. Officer in charge of United States Navy Band.
Sec. 509. One-year extension of expiration date for certain force
management authorities.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Placement on active-duty list of certain reserve officers on
active duty for a period of three years or less.
Sec. 512. Expanded application of Reserve special selection boards.
Sec. 513. Exception to baccalaureate degree requirement for appointment
of reserve officers to grades above first lieutenant.
Sec. 514. Improved disability benefits for certain reserve component
members.
Sec. 515. Time-in-grade requirement for reserve component officers with
a nonservice connected disability.
Sec. 516. Reserve members considered to be deployed for purposes of
personnel tempo management.
Sec. 517. Funeral honors duty performed by Reserve and Guard members to
be treated as inactive-duty training for certain
purposes.
Sec. 518. Members of the National Guard performing funeral honors duty
while in non-Federal status.
Sec. 519. Use of military leave for funeral honors duty by Reserve
members and National Guardsmen.
Sec. 520. Preparation for, participation in, and conduct of athletic
competitions by the National Guard and members of the
National Guard.
Subtitle C--Joint Specialty Officers and Joint Professional Military
Education
Sec. 521. Nominations for joint specialty.
Sec. 522. Joint duty credit.
Sec. 523. Retroactive joint service credit for duty in certain joint
task forces.
Sec. 524. Revision to annual report on joint officer management.
Sec. 525. Requirement for selection for joint specialty before
promotion to general or flag officer grade.
Sec. 526. Independent study of joint officer management and joint
professional military education reforms.
Sec. 527. Professional development education.
Sec. 528. Authority for National Defense University to enroll certain
private sector civilians.
Sec. 529. Continuation of reserve component professional military
education test.
Subtitle D--Military Education and Training
Sec. 531. Defense Language Institute Foreign Language Center.
Sec. 532. Authority for the Marine Corps University to award degree of
master of strategic studies.
Sec. 533. Increase in number of foreign students authorized to be
admitted to the service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or
midshipman in Senior Reserve Officer Training Corps
scholarship programs.
Sec. 535. Active duty participation as a cadet or midshipman in Senior
ROTC advanced training.
Sec. 536. Authority to modify the service obligation of certain ROTC
cadets in military junior colleges receiving financial
assistance.
Sec. 537. Modification of nurse officer candidate accession program
restriction on students attending educational
institutions with Senior Reserve Officers' Training
programs.
Sec. 538. Repeal of limitation on number of Junior Reserve Officers'
Training Corps (JROTC) units.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the Chaplain for the Corps of Cadets,
United States Military Academy.
Subtitle E--Decorations, Awards, and Commendations
Sec. 541. Authority for award of the medal of honor to Humbert R.
Versace for valor during the Vietnam War.
Sec. 542. Review regarding award of medal of honor to certain Jewish
American and Hispanic American war veterans.
Sec. 543. Authority to issue duplicate medal of honor.
Sec. 544. Authority to replace stolen military decorations.
Sec. 545. Waiver of time limitations for award of Navy Distinguished
Flying Cross to certain persons.
Sec. 546. Korea Defense Service medal.
Sec. 547. Cold War Service medal.
Sec. 548. Option to convert award of Armed Forces Expeditionary Medal
awarded for Operation Frequent Wind to Vietnam Service
Medal.
Sec. 549. Sense of Congress on new medal to recognize civilian
employees of the Department of Defense killed or wounded
as a result of hostile action.
Subtitle F--Matters Relating to Voting
Sec. 551. Voting assessments and assistance for members of the
uniformed services.
Sec. 552. Electronic voting demonstration project.
Subtitle G--Matters Relating to Military Spouses and Family Members
Sec. 561. Improved financial and other assistance to military spouses
for job training and education.
Sec. 562. Authority to conduct surveys of dependents and survivors of
military retirees.
Sec. 563. Clarification of treatment of classified information
concerning persons in a missing status.
Sec. 564. Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II.
Sec. 565. Amendments to charter of Defense Task Force on Domestic
Violence.
Subtitle H--Military Justice and Legal Matters
Sec. 571. Requirement that courts-martial consist of not less than 12
members in capital cases.
Sec. 572. Right of convicted accused to request sentencing by military
judge.
Sec. 573. Codification of requirement for regulations for delivery of
military personnel to civil authorities when charged with
certain offenses
Sec. 574. Authority to accept voluntary legal services for members of
the Armed Forces.
Subtitle I--Other Matters
Sec. 581. Shipment of privately owned vehicles when making permanent
change of station moves within United States.
Sec. 582. Payment of vehicle storage costs in advance.
Sec. 583. Permanent authority for use of military recruiting funds for
certain expenses at Department of Defense recruiting
functions.
Sec. 584. Clarification of military recruiter access to secondary
school directory information about students.
Sec. 585. Repeal of requirement for final Comptroller General report
relating to Army end strength allocations.
Sec. 586. Posthumous Army commission in the grade of captain in the
Chaplains Corps to Ella E. Gibson for service as chaplain
of the First Wisconsin Heavy Artillery regiment during
the Civil War.
Sec. 587. National Guard Challenge Program.
Sec. 588. Payment of FEHBP premiums for certain Reservists called to
active duty in support of contingency operations.
Sec. 589. 18-month enlistment pilot program.
Sec. 590. Per diem allowance for lengthy or numerous deployments.
Sec. 591. Congressional review period for change in ground combat
exclusion policy.
Sec. 592. Report on health and disability benefits for pre-accession
training and education programs.
Sec. 593. Requirement to provide appropriate articles of clothing as a
civilian uniform for civilians participating in funeral
honor details for veterans upon showing of financial
need.
[[Page H7030]]
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers with
prior service as an enlisted member or warrant officer.
Sec. 603. Subsistence allowances.
Sec. 604. Eligibility for basic allowance for housing while between
permanent duty stations.
Sec. 605. Uniform allowance for officers.
Sec. 606. Family separation allowance for certain members electing to
serve unaccompanied tour of duty.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 613. One-year extension of other bonus and special pay
authorities.
Sec. 614. Conforming accession bonus for dental officers authority with
authorities for other special pay and bonuses.
Sec. 615. Additional type of duty resulting in eligibility for
hazardous duty incentive pay.
Sec. 616. Equal treatment of reservists performing inactive-duty
training for receipt of aviation career incentive pay.
Sec. 617. Secretarial discretion in prescribing submarine duty
incentive pay rates.
Sec. 618. Imposition of critical wartime skill requirement for
eligibility for Individual Ready Reserve bonus.
Sec. 619. Installment payment authority for 15-year career status
bonus.
Sec. 620. Accession bonus for new officers.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Minimum per diem rate for travel and transportation allowance
for travel performed upon a change of permanent station
and certain other travel.
Sec. 632. Payment or reimbursement of temporary subsistence expenses.
Sec. 633. Increased weight allowance for transportation of baggage and
household effects for junior enlisted members.
Sec. 634. Reimbursement of members for mandatory pet quarantine fees
for household pets.
Sec. 635. Availability of dislocation allowance for married member,
whose spouse is a member, assigned to military family
housing.
Sec. 636. Elimination of prohibition on receipt of dislocation
allowance by members ordered to first duty station.
Sec. 637. Partial dislocation allowance authorized for housing moves
ordered for Government convenience.
Sec. 638. Allowances for travel performed in connection with members
taking authorized leave between consecutive overseas
tours.
Sec. 639. Funded student travel as part of school-sponsored exchange
programs.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 641. Contingent authority for concurrent receipt of military
retired pay and veterans' disability compensation.
Subtitle E--Other Matters
Sec. 651. Funeral honors duty allowance for retired members.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
Sec. 701. Implementing cost-effective payment rates under the TRICARE
program.
Sec. 702. Waiver of nonavailability statement or preauthorization
requirement.
Sec. 703. Improvements in administration of the TRICARE program.
Sec. 704. Sub-acute and long-term care program reform.
Sec. 705. Reimbursement of travel expenses of a parent, guardian, or
responsible family member of a minor covered beneficiary.
Subtitle B--Other Matters
Sec. 711. Prohibition against requiring military retirees to receive
health care solely through the Department of Defense.
Sec. 712. Trauma and medical care pilot program.
Sec. 713. Enhancement of medical product development.
Sec. 714. Repeal of obsolete report requirement.
Sec. 715. Clarifications and improvements regarding the Department of
Defense Medicare-Eligible Retiree Health Care Fund.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition milestones.
Sec. 802. Acquisition workforce qualifications.
Sec. 803. Two-year extension of program applying simplified procedures
to certain commercial items.
Sec. 804. Contracts for services to be performed outside the United
States.
Sec. 805. Codification and modification of ``Berry Amendment''
requirements.
Sec. 806. Increase of assistance limitation regarding procurement
technical assistance programs.
Sec. 807. Study of contract consolidations.
Subtitle B--Erroneous Payments Recovery
Sec. 811. Short title.
Sec. 812. Identification of errors made by executive agencies in
payments to contractors and recovery of amounts
erroneously paid.
Sec. 813. Disposition of recovered funds.
Sec. 814. Sources of recovery services.
Sec. 815. Management improvement programs.
Sec. 816. Reports.
Sec. 817. Relationship to authority of inspectors general.
Sec. 818. Privacy protections.
Sec. 819. Definition.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Further reductions in defense acquisition and support
workforce.
Sec. 902. Sense of Congress on establishment of an Office of
Transformation in the Department of Defense.
Sec. 903. Revised joint report on establishment of national
collaborative information analysis capability.
Sec. 904. Elimination of triennial report by Chairman of the Joint
Chiefs of Staff on roles and missions of the Armed
Forces.
Sec. 905. Repeal of requirement for semiannual reports through March
2003 on activities of Joint Requirements Oversight
Council.
Sec. 906. Correction of references to Air Mobility Command.
Sec. 907. Organizational alignment change for Director for
Expeditionary Warfare.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2002.
Sec. 1004. Increase in limitations on administrative authority of the
Navy to settle admiralty claims.
Subtitle B--Naval Vessels
Sec. 1011. Revision in types of excess naval vessels for which approval
by law is required for disposal to foreign nations.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities.
Sec. 1022. Authority to transfer Tracker aircraft currently used by
Armed Forces for counter-drug purposes.
Sec. 1023. Authority to transfer Tethered Aerostat Radar System
currently used by Armed Forces for counter-drug purposes.
Sec. 1024. Assignment of members to assist Immigration and
Naturalization Service and Customs Service.
Subtitle D--Reports
Sec. 1031. Requirement that Department of Defense reports to Congress
be accompanied by electronic version.
Sec. 1032. Report on Department of Defense role in homeland security
matters.
Sec. 1033. Revision of annual report to Congress on National Guard and
reserve component equipment.
Subtitle E--Other Matters
Sec. 1041. Department of Defense gift authorities.
Sec. 1042. Termination of referendum requirement regarding continuation
of military training on island of Vieques, Puerto Rico,
and imposition of additional conditions on closure of
live-fire training range.
Sec. 1043. Repeal of limitation on reductions in Peacekeeper ICBM
missiles.
Sec. 1044. Transfer of Vietnam Era F-4 aircraft to nonprofit museum.
Sec. 1045. Bomber force structure.
Sec. 1046. Technical and clerical amendments.
Sec. 1047. Leasing of Navy ships for University National Oceanographic
Laboratory System.
Sec. 1048. Sense of Congress regarding continued United States
commitment to restoring Lafayette Escadrille Memorial,
Marnes La-Coguette, France.
[[Page H7031]]
Sec. 1049. Designation of firefighter assistance program in honor of
Floyd D. Spence, a former Member of the House of
Representatives, and sense of Congress on need to
continue the program.
Sec. 1050. Sense of Congress on implementation of fuel efficiency
reforms in Department of Defense.
Sec. 1051. Plan for securing Russia's nuclear weapons, material, and
expertise.
Sec. 1052. Two-year extension of advisory panel to assess domestic
response capabilities for terrorism involving weapons of
mass destruction.
Sec. 1053. Action to promote national defense features program.
Sec. 1054. Amendments relating to Commission on the Future of the
United States Aerospace Industry.
Sec. 1055. Authority to accept monetary contributions for repair and
reconstruction of pentagon reservation.
TITLE XI--CIVILIAN PERSONNEL
Sec. 1101. Undergraduate training program for employees of the National
Imagery and Mapping Agency.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Payment of expenses to obtain professional credentials.
Sec. 1104. Retirement portability elections for certain Department of
Defense and Coast Guard employees.
Sec. 1105. Removal of requirement that granting civil service
compensatory time be based on amount of irregular or
occasional overtime work.
Sec. 1106. Applicability of certain laws to certain individuals
assigned to work in the Federal Government.
Sec. 1107. Limitation on premium pay.
Sec. 1108. Use of common occupational and health standards as a basis
for differential payments made as a consequence of
exposure to asbestos.
Sec. 1109. Authority for designated civilian employees abroad to act as
a notary.
Sec. 1110. ``Monroney amendment'' restored to its prior form.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201. Clarification of authority to furnish nuclear test
monitoring equipment to foreign governments.
Sec. 1202. Acquisition of logistical support for security forces.
Sec. 1203. Report on the sale and transfer of military hardware,
expertise, and technology from States of the former
Soviet Union to the People's Republic of China.
Sec. 1204. Limitation on funding for Joint Data Exchange Center.
Sec. 1205. Extension of authority to provide assistance under Weapons
of Mass Destruction Act for support of United Nations-
sponsored efforts to inspect and monitor Iraqi weapons
activities.
Sec. 1206. Repeal of requirement for reporting to Congress on military
deployments to Haiti.
Sec. 1207. Report by Comptroller General on provision of defense
articles, services, and military education and training
to foreign countries and international organizations.
Sec. 1208. Limitation on number of military personnel in Colombia.
Sec. 1209. Authority for employees of Federal Government contractors to
accompany chemical weapons inspection teams at
Government-owned facilities.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of
reports.
Sec. 1304. Report on use of revenue generated by activities carried out
under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile
material storage facility.
Sec. 1306. Prohibition against use of funds for construction or
refurbishment of certain fossil fuel energy plants.
Sec. 1307. Reports on activities and assistance under Cooperative
Threat Reduction programs.
Sec. 1308. Report on responsibility for carrying out Cooperative Threat
Reduction programs.
Sec. 1309. Chemical weapons destruction.
TITLE XIV--DEFENSE SPACE REORGANIZATION
Sec. 1401. Short title.
Sec. 1402. Authority to establish position of Under Secretary of
Defense for Space, Intelligence, and Information.
Sec. 1403. Authority to designate Under Secretary of the Air Force as
acquisition executive for space of the Department of
Defense.
Sec. 1404. Major force program category for space programs.
Sec. 1405. Comptroller General assessment of implementation of
recommendations of Space Commission.
Sec. 1406. Commander of Air Force Space Command.
Sec. 1407. Authority to establish separate career field in the Air
Force for space.
Sec. 1408. Relationship to authorities and responsibilities of Director
of Central Intelligence.
TITLE XV--ACTIVITIES TO COMBAT TERRORISM
Subtitle A--Increased Funding to Combat Terrorism
Sec. 1501. Increased funding.
Sec. 1502. Treatment of transferred amounts.
Subtitle B--Policy Matters Relating to Combating Terrorism
Sec. 1511. Assessment of Department of Defense ability to respond to
terrorist attacks.
Sec. 1512. Report on Department of Defense ability to protect the
United States from airborne threats.
Sec. 1513. Establishment of combating terrorism as a national security
mission.
Sec. 1514. Department of Defense coordination with FEMA and FBI.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title; definition.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2001 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of Appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2001 project.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized defense agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2001 project.
Sec. 2405. Modification of authority to carry out certain fiscal year
2000 projects.
Sec. 2406. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal year
1995 project.
Sec. 2408. Prohibition on expenditures to develop forward operating
location on Aruba for United States Southern Command
counter-drug detection and monitoring flights.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1999
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2704. Effective date.
[[Page H7032]]
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain unspecified minor military construction
project thresholds.
Sec. 2802. Exclusion of unforeseen environmental hazard remediation
from limitation on authorized cost variations.
Sec. 2803. Repeal of annual reporting requirement on military
construction and military family housing activities.
Sec. 2804. Permanent authorization for alternative authority for
acquisition and improvement of military housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Use of military installations for certain recreational
activities.
Sec. 2812. Base efficiency project at Brooks Air Force Base, Texas.
Sec. 2813. Use of buildings on military installations and reserve
component facilities as polling places.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Lease back of base closure property.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Modification of land exchange, Rock Island Arsenal,
Illinois.
Sec. 2832. fication of land conveyances, Fort Dix, New Jersey.
Sec. 2833. Lease authority, Fort DeRussy, Hawaii.
Sec. 2834. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2835. Land conveyance, Whittier-Anchorage Pipeline Tank Farm,
Anchorage, Alaska.
Part II--Navy Conveyances
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station,
Humboldt County, California.
Sec. 2842. Land conveyance, Naval Weapons Industrial Reserve Plant,
Toledo, Ohio.
Sec. 2843. Modification of authority for conveyance of Naval Computer
and Telecommunications Station, Cutler, Maine.
Sec. 2844. Modification of land conveyance, former United States Marine
Corps Air Station, Eagle Mountain Lake, Texas.
Sec. 2845. Land transfer and conveyance, Naval Security Group Activity,
Winter Harbor, Maine.
Part III--Air Force Conveyances
Sec. 2851. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base,
Colorado.
Sec. 2853. Land conveyance, defense fuel support point, Florida.
Subtitle E--Other Matters
Sec. 2861. Transfer of jurisdiction for development of Armed Forces
recreation facility, Park City, Utah.
Sec. 2862. Selection of site for United States Air Force Memorial and
related land transfers for the improvement of Arlington
National Cemetery, Virginia.
Sec. 2863. Management of the Presidio of San Francisco.
Sec. 2864. Effect of limitation on construction of roads or highways,
Marine Corps Base, Camp Pendleton, California.
Sec. 2865. Establishment of World War II memorial at additional
location on Guam.
Sec. 2866. Additional extension of demonstration project for purchase
of fire, security, police, public works, and utility
services from local government agencies.
Sec. 2867. Conveyance of avigation easements, former Norton Air Force
Base, California.
Sec. 2868. Report on options to promote economic development in
community adjacent to United States Military Academy, New
York.
TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands for National Training
Center.
Sec. 2903. Map and legal description.
Sec. 2904. Management of withdrawn and reserved lands.
Sec. 2905. Water rights.
Sec. 2906. Environmental compliance and environmental response
requirements.
Sec. 2907. West Mojave Coordinated Management Plan.
Sec. 2908. Release of wilderness study areas.
Sec. 2909. Training activity separation from utility corridors.
Sec. 2910. Duration of withdrawal and reservation.
Sec. 2911. Extension of initial withdrawal and reservation.
Sec. 2912. Termination and relinquishment.
Sec. 2913. Delegation of authority.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Sec. 3106. Increased amount for nonproliferation and verification.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds at field
offices of the Department of Energy.
Sec. 3130. Transfers of weapons activities funds at national security
laboratories and nuclear weapons production facilities.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Termination date of Office of River Protection, Richland,
Washington.
Sec. 3132. Organizational modifications for National Nuclear Security
Administration.
Sec. 3133. Consolidation of Nuclear Cities Initiative program with
Initiatives for Proliferation Prevention program.
Sec. 3134. Disposition of surplus defense plutonium at Savannah River
Site, Aiken, South Carolina.
Sec. 3135. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of obsolete and excess materials contained in
national defense stockpile.
Sec. 3304. Expedited implementation of authority to dispose of cobalt
from National Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2002.
Sec. 3502. Define ``war risks'' to vessels to include confiscation,
expropriation, nationalization, and deprivation of the
vessels.
Sec. 3503. Holding obligor's cash as collateral under title XI of
Merchant Marine Act, 1936.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Army as follows:
(1) For aircraft, $1,987,491,000.
(2) For missiles, $1,097,286,000.
(3) For weapons and tracked combat vehicles,
$2,367,046,000.
(4) For ammunition, $1,208,565,000.
(5) For other procurement, $4,143,986,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2002 for procurement for the Navy as follows:
(1) For aircraft, $8,337,243,000.
(2) For weapons, including missiles and torpedoes,
$1,476,692,000.
(3) For shipbuilding and conversion, $9,321,121,000.
(4) For other procurement, $4,157,313,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2002 for procurement for the
Marine Corps in the amount of $1,025,624,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2002 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $463,507,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Air Force as follows:
[[Page H7033]]
(1) For aircraft, $10,705,687,000.
(2) For missiles, $3,226,336,000.
(3) For ammunition, $871,344,000.
(4) For other procurement, $8,250,821,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for Defense-wide procurement in the amount of
$2,267,346,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Inspector General of the
Department of Defense in the amount of $1,800,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 2002 the amount of $1,078,557,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$267,915,000.
SEC. 108. ADDITIONAL AMOUNT FOR SHIPBUILDING AND CONVERSION,
NAVY.
(a) Increase in SCN Amount.--The amount provided in section
102(a)(3) for shipbuilding and conversion for the Navy is
hereby increased by $57,100,000, to be available for the
U.S.S. Eisenhower (CVN-69) Refueling Complex Overhaul
program.
(b) Offset.--The amount provided in section 301(5) is
hereby reduced by $57,100,000, to be derived from amounts for
consulting services.
Subtitle B--Army Programs
SEC. 111. EXTENSION OF MULTIYEAR CONTRACT FOR FAMILY OF
MEDIUM TACTICAL VEHICLES.
In order to ensure that an adequate number of vehicles of
the ``A1'' variant of the Family of Medium Tactical Vehicles
program continue to be fielded to the Army, the Secretary of
the Army may extend for one additional year the existing
multiyear procurement contract, authorized by section 112(b)
of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1648) and awarded on
October 14, 1998, for procurement of vehicles under that
program (notwithstanding the maximum period for such
contracts otherwise applicable under section 2306b(k) of
title 10, United States Code) if the Secretary determines
that it is necessary to do so in order to prevent a break in
production of those vehicles.
SEC. 112. REPEAL OF LIMITATIONS ON BUNKER DEFEAT MUNITIONS
PROGRAM.
Section 116 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2682) is
repealed.
Subtitle C--Air Force Programs
SEC. 121. MULTI-YEAR PROCUREMENT OF C-17 AIRCRAFT.
If the Secretary of Defense certifies to the congressional
defense committees before the enactment of this Act that it
is in the interest of the Department of Defense to proceed
with a follow-on multi-year procurement of additional C-17
aircraft, then the Secretary may, in accordance with section
2306b of title 10, United States Code, enter into a new
multi-year procurement contract or extend the current multi-
year procurement contract beginning in fiscal year 2002 to
procure up to 60 additional C-17 aircraft in order to meet
the Department's airlift requirements.
Subtitle D--Chemical Munitions Destruction
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL
CHEMICAL AGENTS AND MUNITIONS.
Section 152 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 50 U.S.C. 1521 note) is
amended--
(1) in subsection (b)--
(A) by inserting ``for that site'' after ``in place''; and
(B) by adding at the end the following new paragraphs:
``(4) Emergency preparedness and response capabilities have
been established at the site and in the surrounding
communities to respond to emergencies involving risks to
public health or safety that are identified by the Secretary
of Defense as being risks resulting from the storage or
destruction of lethal chemical agents and munitions at the
site.
``(5) The Under Secretary of Defense for Acquisition,
Technology, and Logistics recommends initiation of
destruction at the site after considering the recommendation
by the board established by subsection (g).''; and
(2) by adding at the end the following new subsection:
``(g) Oversight Boards.--(1) The Under Secretary of Defense
for Acquisition, Technology, and Logistics shall convene, for
each site at which the chemical munitions stockpile is
stored, an independent oversight board composed of--
``(A) the Secretary of the Army;
``(B) the Director of the Federal Emergency Management
Agency;
``(C) the Administrator of the Environmental Protection
Agency;
``(D) the President of the National Academy of Sciences;
``(E) the Governor of the State in which the site is
located; and
``(F) one individual designated by the Under Secretary from
a list of three local representatives of the area in which
the site is located, prepared jointly by the Member of the
House of Representatives who represents the Congressional
District in which the site is located and the Senators
representing the State in which the site is located.
``(2) Not later than six months after each such board is
convened, the board shall make a recommendation to the Under
Secretary whether the destruction of the chemical munitions
stockpile should be initiated at the site.
``(3) The Under Secretary may not recommend initiation of
destruction of the chemical munitions stockpile at a site
after considering a negative recommendation of the board
until 90 days after the Under Secretary provides notice to
Congress of the intent to recommend initiation of
destruction.''.
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 2002 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $6,749,025,000.
(2) For the Navy, $10,863,274,000.
(3) For the Air Force, $14,455,653,000.
(4) For Defense-wide activities, $15,591,978,000, of which
$217,355,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2002.--Of the amounts authorized to be
appropriated by section 201, $4,973,843,000 shall be
available for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and
applied research'' means work funded in program elements for
defense research and development under Department of Defense
category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COOPERATIVE DEPARTMENT OF DEFENSE-DEPARTMENT OF
VETERANS AFFAIRS MEDICAL RESEARCH PROGRAM.
Of the funds authorized to be appropriated by section
201(4), $5,000,000 shall be available for the cooperative
Department of Defense/Department of Veterans Affairs medical
research program. The Secretary of Defense shall transfer
such amount to the Secretary of Veterans Affairs for such
purpose not later than 30 days after the date of the
enactment of this Act.
SEC. 212. ADVANCED LAND ATTACK MISSILE PROGRAM.
(a) Program Required.--The Secretary of Defense shall
establish a competitive program for the development of an
advanced land attack missile for the DD-21 land attack
destroyer and other naval combatants.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees, with the submission of the
budget request for the Department of Defense for fiscal year
2003, a report providing the program plan for the Advanced
Land Attack Missile program, the schedule for that program,
and funding required for that program.
(c) Funding.--Of the amount authorized to be appropriated
under section 201(2) for research, development, test, and
evaluation for the Navy, $20,000,000 shall be available in PE
0603795N for the Advanced Land Attack Missile program.
SEC. 213. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF ADVANCED
RADAR SYSTEMS FOR NAVAL APPLICATIONS.
(a) Program Required.--The Secretary of Defense shall carry
out a program to develop and demonstrate advanced
technologies and concepts leading to advanced radar systems
for naval and other applications.
(b) Description of Program.--The program under subsection
(a) shall be carried out collaboratively pursuant to a
memorandum of agreement to be entered into by the Director of
Defense Research and Engineering, the Secretary of the Navy,
and the Director of the Defense Advanced Research Projects
Agency. The program shall include the following activities:
(1) Activities needed to develop and deploy advanced
electronics materials, including specifically wide band gap
electronics components needed to extend the range and
sensitivity of naval radars.
(2) Identification of acquisition systems for use of the
new technology.
(c) Report.--Not later than January 31, 2002, the Director
of Defense Research and Engineering, the Secretary of the
Navy, and the Director of the Defense Advanced Research
Projects Agency shall submit to the congressional defense
committees a joint report on the implementation of the
program under subsection (a). The report shall include the
following:
(1) A description of the memorandum of agreement referred
to in subsection (b).
(2) A schedule for the program.
(3) Identification of the funding required for fiscal year
2003 and for the future-years defense program to carry out
the program.
(4) A list of program capability goals and objectives.
(d) Funding.--(1) Of the amount authorized to be
appropriated for Defense-wide activities by section 201(4)
for the Defense Advanced Research Projects Agency,
$41,000,000
[[Page H7034]]
shall be available for applied research and maturation of
high frequency and high power wide band gap semiconductor
electronics technology to carry out the program under
subsection (a).
(2) Of the amount authorized to be appropriated by section
201(2) for the Department of the Navy, $15,500,000 shall be
available to carry out the program under subsection (a).
SEC. 214. COST LIMITATION APPLICABLE TO F-22 AIRCRAFT PROGRAM
ENGINEERING AND MANUFACTURING DEVELOPMENT.
Section 217(c)(3) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660) is
amended by inserting ``plus $250,000,000'' after ``and
(2))''.
SEC. 215. C-5 AIRCRAFT MODERNIZATION.
(a) Increase in Air Force RDTE Amount.--The amount provided
in section 201(3) for Research, Development, Test, and
Evaluation for the Air Force is hereby increased by
$30,000,000, to be available for Re-engining and Avionics
Modernization for the C-5 aircraft.
(b) Offset.--The amount provided in section 301(5) is
hereby reduced by $30,000,000, to be derived from amounts for
consulting services.
Subtitle C--Ballistic Missile Defense
SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCUREMENT FOR
MISSILE DEFENSE PROGRAMS FROM BALLISTIC MISSILE
DEFENSE ORGANIZATION TO MILITARY DEPARTMENTS.
(a) Budgeting of Missile Defense Procurement Authority.--
(1) Subsection (a) of section 224 of title 10, United States
Code is amended by striking ``procurement'' both places it
appears and inserting ``research, development, test, and
evaluation''.
(2) Such section is further amended by striking subsections
(b) and (c) and inserting the following:
``(b) Covered Programs.--Subsection (a) applies to any
ballistic missile defense program for which research,
development, test, and evaluation is carried out by the
Ballistic Missile Defense Organization.''.
(3)(A) The heading of that section is amended to read as
follows:
``Sec. 224. Ballistic missile defense programs: display of
amounts for research, development, test, and evaluation''.
(B) The item relating to section 224 in the table of
sections at the beginning of chapter 9 of such title is
amended to read as follows:
``224. Ballistic missile defense programs: display of amounts for
research, development, test, and evaluation.''.
(b) Transfer Criteria.--The Secretary of Defense shall
establish, and submit to the congressional defense
committees, criteria for the transfer of ballistic missile
defense programs from the Ballistic Missile Defense
Organization to the military departments. Those criteria
shall, at a minimum, address technical maturity of the
program, availability of facilities for production, and
service commitment to procurement funding.
(c) Notification of Transfer.--Before responsibility for a
ballistic missile defense program is transferred from the
Ballistic Missile Defense Organization to the Secretary of a
military department, the Secretary of Defense shall submit to
the congressional defense committees notice in writing of the
Secretary's intent to make that transfer. The Secretary shall
include with such notice a certification that the program has
met the criteria established under subsection (b) for such a
transfer. The transfer may then be carried out after the end
of the 60-day period beginning on the date of such notice.
SEC. 232. REPEAL OF PROGRAM ELEMENT REQUIREMENTS FOR
BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) Repeal.--Section 223 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by striking
the item relating to section 223.
SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF
THE DEPARTMENT OF DEFENSE BY THE NATIONAL
DEFENSE LABORATORIES OF THE DEPARTMENT OF
ENERGY.
(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to
the Department of Defense pursuant to section 201(4),
$25,000,000 shall be available, subject to subsection (b) and
at the discretion of the Director of the Ballistic Missile
Defense Organization, for research, development, and
demonstration activities at the national laboratories of the
Department of Energy in support of the missions of the
Ballistic Missile Defense Organization, including the
following activities:
(1) Technology development, concept demonstration, and
integrated testing to enhance performance, reduce risk, and
improve reliability in hit-to-kill interceptors for ballistic
missile defense.
(2) Support for science and engineering teams to assess
critical technical problems and prudent alternative
approaches as agreed upon by the Director of the Ballistic
Missile Defense Organization and the Administrator for
Nuclear Security.
(b) Requirement for Matching Funds From NNSA.--Funds shall
be available as provided in subsection (a) only if the
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. 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 and, where
possible, incorporation of mobile assets to enhance
flexibility in test configurations.
(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 referred to as ``campaign testing'' and ``test
through failure'' and other appropriate test methods in order
to reduce costs per test event;
(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. MISSILE DEFENSE SYSTEM TEST BED FACILITIES.
(a) Authority To Acquire or Construct Facilities.--(1) The
Secretary of Defense, using funds appropriated to the
Department of Defense for research, development, test, and
evaluation for fiscal years after fiscal year 2001 that are
available for programs of the Ballistic Missile Defense
Organization, may carry out construction projects, or
portions of construction projects, including projects for the
acquisition, improvement, or construction of facilities of
general utility, to establish and operate the Missile Defense
System Test Bed Facilities.
(2) The authority provided in paragraph (1) 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 years after
fiscal year 2001 that are available for programs of the
Ballistic Missile Defense Organization, may provide
assistance, by grant or otherwise, 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.
[[Page H7035]]
(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.
Subtitle D--Other Matters
SEC. 241. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE JOINT
OPERATIONAL TEST BED SYSTEM.
(a) Establishment of Test Bed System.--The commander of the
United States Joint Forces Command shall establish a
capability (referred to as a ``test bed'') within the
facilities and resources of that command to evaluate and
ensure joint interoperability of unmanned aerial vehicle
systems. That capability shall be independent of the military
departments and shall be managed directly by the Joint Forces
Command.
(b) Required Transfer of Predator UAV Assets.--The
Secretary of the Navy shall transfer to the commander of the
Joint Forces Command the two Predator unmanned aerial
vehicles currently undergoing operational testing by the
Navy, together with associated payloads and antennas and the
associated tactical control system (TCS) ground station.
(c) Use by Joint Forces Command.--The items transferred
pursuant to subsection (a) may be used by the commander of
the United States Joint Forces Command only through the
independent joint operational test bed system established
pursuant to subsection (a) for testing of those items,
including further development of the associated tactical
control system (TCS) ground station, other aspects of
unmanned aerial vehicle interoperability, and participation
in such experiments and exercises as the commander considers
appropriate to the mission of that command.
(d) Deadline for Transfers.--The transfers required by
subsection (b) shall be completed not later than 90 days
after the date of the enactment of this Act.
(e) Transfer When No Longer Required by Joint Forces
Command.--Upon a determination by the commander of the United
States Joint Forces Command that any of the items transferred
pursuant to subsection (a) are no longer needed by that
command for use as provided in subsection (c), those items
shall be transferred to the Secretary of the Air Force.
SEC. 242. DEMONSTRATION PROJECT TO INCREASE SMALL BUSINESS
AND UNIVERSITY PARTICIPATION IN OFFICE OF NAVAL
RESEARCH EFFORTS TO EXTEND BENEFITS OF SCIENCE
AND TECHNOLOGY RESEARCH TO FLEET.
(a) Project Required.--The Secretary of the Navy, acting
through the Chief of Naval Research, shall carry out a
demonstration project to increase access to Navy facilities
of small businesses and universities that are engaged in
science and technology research beneficial to the fleet.
(b) Project Elements.--In carrying out the demonstration
project, the Secretary shall--
(1) establish and operate a Navy Technology Extension
Center at a location to be selected by the Secretary;
(2) permit participants in the Small Business Innovation
Research Program (SBIR) and Small Business Technology
Transfer Program (STTR) that are awarded contracts by Office
of Naval Research to acccess and use Navy facilities without
charge for purposes of carrying out such contracts; and
(3) permit universities, institutions of higher learning,
and Federally Funded Research and Development Centers (FFRDC)
collaborating with SBIR and STTR participants to use Navy
facilities.
(c) Report.--Not later than February 1, 2004, the Secretary
shall submit to Congress a report on the demonstration
project. The report shall include a description of the
activities carried out under the demonstration project and
any recommendations for the improvement or expansion of the
demonstration project that the Secretary considers
appropriate.
SEC. 243. MANAGEMENT RESPONSIBILITY FOR NAVY MINE
COUNTERMEASURES PROGRAMS.
Section 216(a) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1317), as most recently amended by section 211 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 1946), is amended by
striking ``through 2003'' and inserting ``through 2008''.
SEC. 244. PROGRAM TO ACCELERATE THE INTRODUCTION OF
INNOVATIVE TECHNOLOGY IN DEFENSE ACQUISITION
PROGRAMS.
(a) Program Required.--The Secretary of Defense shall carry
out a program to provide opportunities for the increased
introduction of innovative and cost-saving technology in
acquisition programs of the Department of Defense. The
program, to be known as the Challenge Program, shall provide
an individual or activity within or outside the Department of
Defense with the opportunity to propose alternatives, to be
known as challenge proposals, at the component, subsystem, or
system level of an existing Department of Defense acquisition
program that would result in improvements in performance,
affordability, manufacturability, or operational capability
at the component, subsystem, or system level of that
acquisition program.
(b) Panel.--(1) In carrying out the Challenge Program, the
Secretary of Defense shall establish a panel of highly
qualified scientists and engineers (hereinafter in this
section referred to as the ``Panel'') under the auspices of
the Under Secretary of Defense for Acquisition, Technology,
and Logistics. The duty of the Panel shall be to carry out
review and evaluation of challenge proposals under subsection
(c).
(2) A member of the Panel may not participate in any review
and evaluation of a challenge proposal under subsection (c)
if at any time within the previous five years that member
has, in any capacity, participated in or been affiliated with
the Department of Defense program for which the challenge
proposal is proposed.
(c) Review and Evaluation of Challenge Proposals.--(1)
Under procedures prescribed by the Secretary, an individual
or activity within or outside the Department of Defense may
submit challenge proposals to the Panel.
(2) The Panel shall carry out an expedited evaluation of
each challenge proposal submitted under paragraph (1) to
determine whether a prima facie case has been made that the
challenge proposal will result in improvements in
performance, affordability, manufacturability, or operational
capability at the component, subsystem, or system level of
the applicable acquisition program. If the Panel determines
that such a case has not been made, the Panel may turn down
the challenge proposal. In any other case, the Panel shall
provide for a full review of the challenge proposal under
paragraph (3).
(3) In carrying out a full review of a challenge proposal,
the Panel shall ensure the following:
(A) Any incumbent that would be displaced by the
implementation of the challenge proposal is provided notice
of the challenge proposal and a full opportunity to
demonstrate why the challenge proposal should not be
implemented.
(B) Notice of the full review of the challenge proposal is
published in one or more appropriate commercial publications
of national circulation.
(C) If one or more other challenge proposals are submitted
on matters relating to the challenge proposal being reviewed,
the Panel shall, to the maximum extent practicable, carry out
a full review of those other challenge proposals together
with the full review of the original challenge proposal.
(4) The Secretary of Defense shall ensure that the Panel,
in carrying out review and evaluation of challenge proposals
under this subsection, has the authority to call upon the
technical resources of the laboratories, research,
development, and engineering centers, test and evaluation
activities, and other elements of the Department.
(d) Findings of Substantial Superiority.--If, after the
full review of a challenge proposal is completed, the Panel
finds that the challenge proposal will result in improvements
in performance, affordability, manufacturability, or
operational capability at the component, subsystem, or system
level of the applicable acquisition program that are
substantially superior to that of the incumbent, the Panel
shall submit that finding to the Under Secretary.
(e) Action Upon Findings.--Upon receiving a finding under
subsection (d), the Under Secretary shall carry out a plan to
acquire and implement the challenge proposal with respect to
which the finding was made. The Secretary shall carry out
such plan--
(1) after canceling the contract of any incumbent that
would be displaced by the implementation of the challenge
proposal; or
(2) after an appropriate program milestone (such as the
expiration of such a contract) has been reached.
(f) Elimination of Conflicts of Interest.--In carrying out
each review and evaluation under subsection (c), the
Secretary shall ensure the elimination of conflicts of
interest.
(g) Funding.--Of the funds authorized to be appropriated by
section 201(4) for Defense-wide research, development, test,
and evaluation for fiscal year 2002, $40,000,000 shall be
available in PE 63826D8Z for the Challenge Program required
by this section.
(h) Report.--The Secretary shall submit to Congress, with
the submission of the budget request for the Department of
Defense for each fiscal year beginning with fiscal year 2003,
a report on the implementation of this section. The report
shall include the number and scope of challenge proposals
submitted, reviewed and evaluated, found to be substantially
superior, and implemented.
Subtitle E--Air Force Science and Technology for the 21st Century
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``Air Force Science and
Technology for the 21st Century Act''.
SEC. 252. SCIENCE AND TECHNOLOGY INVESTMENT AND DEVELOPMENT
PLANNING.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Air Force should carry out each of the
following:
(1) Continue and improve efforts to ensure that--
(A) the Air Force science and technology community is
represented, and the recommendations of that community are
considered, at all levels of program planning and budgetary
decisionmaking within the Air Force;
(B) advocacy for science and technology development is
institutionalized across all levels of Air Force management
in a manner that is not dependent on individuals; and
[[Page H7036]]
(C) the value of Air Force science and technology
development is made increasingly apparent to the warfighters,
by linking the needs of those warfighters with decisions on
science and technology development.
(2) Complete and adopt a policy directive that provides for
changes in how the Air Force makes budgetary and nonbudgetary
decisions with respect to its science and technology
development programs and how it carries out those programs.
(3) At least once every five years, conduct a review of the
long-term challenges and short-term objectives of the Air
Force science and technology programs that is consistent with
the review specified in section 252 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-46).
(4) Ensure that development and science and technology
planning and investment activities are carried out for future
space warfighting systems and for future nonspace warfighting
systems in an integrated manner.
(5) Elevate the position within the Office of the Secretary
of the Air Force that has primary responsibility for budget
and policy decisions for science and technology programs.
(b) Reinstatement of Development Planning.--(1) The
Secretary of the Air Force shall reinstate and implement a
revised development planning process that provides for each
of the following:
(A) Coordinating the needs of Air Force warfighters with
decisions on science and technology development.
(B) Giving input into the establishment of priorities among
science and technology programs.
(C) Analyzing Air Force capability options for the
allocation of Air Force resources.
(D) Developing concepts for technology, warfighting
systems, and operations with which the Air Force can achieve
its critical future goals.
(E) Evaluating concepts for systems and operations that
leverage technology across Air Force organizational
boundaries.
(F) Ensuring that a ``system-of-systems'' approach is used
in carrying out the various Air Force capability planning
exercises.
(G) Utilizing existing analysis capabilities within the Air
Force product centers in a collaborative and integrated
manner.
(2) Not later than one year after the date of the enactment
of this Act, the Secretary of the Air Force shall submit to
Congress a report on the implementation of the planning
process required by paragraph (1). The report shall include
the annual amount that the Secretary considers necessary to
carry out paragraph (1).
SEC. 253. STUDY AND REPORT ON EFFECTIVENESS OF AIR FORCE
SCIENCE AND TECHNOLOGY PROGRAM CHANGES.
(a) Requirement.--The Secretary of the Air Force, in
cooperation with the National Research Council of the
National Academy of Sciences, shall carry out a study to
determine how the changes to the Air Force science and
technology program implemented during the past two years
affect the future capabilities of the Air Force.
(b) Matters Studied.--(1) The study shall independently
review and assess whether such changes as a whole are
sufficient to ensure the following:
(A) That the concerns about the management of the science
and technology program that have been raised by the Congress,
the Defense Science Board, the Air Force Science Advisory
Board, and the Air Force Association have been adequately
addressed.
(B) That appropriate and sufficient technology is available
to ensure the military superiority of the United States and
counter future high-risk threats.
(C) That the science and technology investments are
balanced to meet the near-, mid-, and long-term needs of the
Air Force.
(D) That technologies are made available that can be used
to respond flexibly and quickly to a wide range of future
threats.
(E) That the Air Force organizational structure provides
for a sufficiently senior level advocate of science and
technology to ensure an ongoing, effective presence of the
science and technology community during the budget and
planning process.
(2) In addition, the study shall independently assess the
specific changes to the Air Force science and technology
program as follows:
(A) Whether the biannual science and technology summits
provide sufficient visibility into, and understanding and
appreciation of, the value of the science and technology
program to the senior level of Air Force budget and policy
decisionmakers.
(B) Whether the applied technology councils are effective
in contributing the input of all levels beneath the senior
leadership into the coordination, focus, and content of the
science and technology program.
(C) Whether the designation of the commander of the Air
Force Materiel Command as the science and technology budget
advocate is effective to assure that an adequate budget top
line is set.
(D) Whether the revised development planning process is
effective to aid in the coordination of the needs of the Air
Force warfighters with decisions on science and technology
investments and the establishment of priorities among
different science and technology programs.
(E) Whether the implementation of section 252 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-46) is effective to identify the basis for the
appropriate science and technology program top line and
investment portfolio.
(c) Report.--Not later than 60 days after the date on which
the study required by subsection (a) is completed, the
Secretary of the Air Force shall submit to Congress the
results of the study.
(d) Funding.--Of the amount made available pursuant to
section 201(3) for research, development, test, and
evaluation for the Air Force, $950,000 shall be available
only to carry out this section.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2002 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, $21,015,280,000.
(2) For the Navy, $26,587,962,000.
(3) For the Marine Corps, $2,898,114,000.
(4) For the Air Force, $25,811,462,000.
(5) For Defense-wide activities, $11,922,131,000.
(6) For the Army Reserve, $1,814,246,000.
(7) For the Naval Reserve, $1,003,690,000.
(8) For the Marine Corps Reserve, $144,023,000.
(9) For the Air Force Reserve, $2,017,866,000.
(10) For the Army National Guard, $3,705,359,000.
(11) For the Air National Guard, $3,967,361,000.
(12) For the Defense Inspector General, $152,021,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,096,000.
(14) For Environmental Restoration, Army, $389,800,000.
(15) For Environmental Restoration, Navy, $257,517,000.
(16) For Environmental Restoration, Air Force,
$385,437,000.
(17) For Environmental Restoration, Defense-wide,
$23,492,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $190,255,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $49,700,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $820,381,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $17,570,750,000.
(23) For Cooperative Threat Reduction programs,
$403,000,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,844,226,000.
(25) Support for International Sporting Competitions,
Defense, $15,800,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $1,951,986,000.
(2) For the National Defense Sealift Fund, $407,708,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2002 from the Armed Forces Retirement Home Trust Fund
the sum of $71,440,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 2002 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
Subtitle B--Environmental Provisions
SEC. 311. INVENTORY OF EXPLOSIVE RISK SITES AT FORMER
MILITARY RANGES.
(a) Inventory Required.--(1) Chapter 160 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2710. Former military ranges: inventory of explosive
risk sites; use of inventory; public safety issues
``(a) Definitions.--In this section:
``(1) The term `former military range' means a military
range presently located in the United States that--
``(A) is or was owned by, leased to, or otherwise possessed
or used by the Federal Government;
``(B) is designated as a closed, transferred, or
transferring military range (rather than as an active or
inactive range); or
[[Page H7037]]
``(C) is or was used as a site for the disposal of military
munitions or for the use of military munitions in training or
research, development, testing, and evaluation.
``(2) The term `abandoned military munitions' means
unexploded ordnance and other abandoned military munitions,
including components thereof and chemical weapons materiel,
that pose a threat to human health or safety.
``(3) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the territories and
possessions.
``(4) The term `United States', in a geographic sense,
includes the Commonwealth of Puerto Rico and the territories
and possessions.
``(b) Inventory Required.--(1) The Secretary of Defense
shall develop and maintain an inventory of former military
ranges that are known or suspected to contain abandoned
military munitions.
``(2) The information for each former military range in the
inventory shall include, at a minimum, the following:
``(A) A unique identifier for the range and its current
designation as either a closed, transferred, or transferring
range.
``(B) An appropriate record showing the location,
boundaries, and extent of the range, including identification
of the State and political subdivisions of the State in which
the range is located and any Tribal lands encompassed by the
range.
``(C) Known persons and entities, other than a military
department, with any current ownership interest or control of
lands encompassed by the range.
``(D) Any restrictions or other land use controls currently
in place that might affect the potential for public and
environmental exposure to abandoned military munitions.
``(c) Site Prioritization.--(1) With respect to each former
military range included on the inventory, the Secretary of
Defense shall assign the range a relative priority for
response activities based on the overall conditions at the
range. The level of response priority assigned the range
shall be included with the information required by subsection
(b)(2) to be maintained for the range.
``(2) In assigning the response priority for a former
military range, the Secretary of Defense shall primarily
consider factors relating to safety and environmental hazard
potential, such as the following:
``(A) Whether there are known, versus suspected, abandoned
military munitions on all or any portion of the range and the
types of munitions present or suspected to be present.
``(B) Whether public access to the range is controlled, and
the effectiveness of these controls.
``(C) The potential for direct human contact with abandoned
military munitions at the range and evidence of people
entering the range.
``(D) Whether a response action has been or is being
undertaken at the range under the Formerly Used Defense Sites
program or other programs.
``(E) The planned or mandated dates for transfer of the
range from military control.
``(F) The extent of any documented incidents involving
abandoned military munitions at or from the range. In this
subparagraph, the term `incidents' means any or all of the
following: explosions, discoveries, injuries, reports, and
investigations.
``(G) The potential for drinking water contamination or the
release of weapon components into the air.
``(H) The potential for destruction of sensitive ecosystems
and damage to natural resources.
``(d) Updates and Availability.--(1) The Secretary of
Defense shall annually update the inventory and site
prioritization list to reflect new information that becomes
available. The inventory shall be available in published and
electronic form.
``(2) The Secretary of Defense shall work with adjacent
communities to provide information concerning conditions at
the former military range and response activities, and shall
respond to inquiries. At a minimum, the Secretary shall
notify immediately affected individuals, appropriate State,
local, tribal, and Federal officials, and, when appropriate,
civil defense or emergency management agencies.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2710. Former military ranges: inventory of explosive risk sites; use
of inventory; public safety issues.''.
(b) Initial Inventory.--The inventory required by section
2710 of title 10, United States Code, as added by subsection
(a), shall be completed and made available not later than one
year after the date of the enactment of this Act.
SEC. 312. NATIONAL SECURITY IMPACT STATEMENTS.
(a) Evaluation of National Security Impacts Required.--(1)
Chapter 160 of title 10, United States Code, is amended by
inserting after section 2710, as added by section 311, the
following new section:
``Sec. 2711. Environmental impact statements and
environmental assessments: evaluation of national security
impacts of proposed action and alternatives
``(a) Agency Action.--Whenever an environmental impact
statement or environmental assessment is required under
section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332) to be prepared in connection with a proposed
Department of Defense action, the Secretary of Defense shall
include as a part of the environmental impact statement or
environmental assessment a detailed evaluation of the impact
of the proposed action, and each alternative to the proposed
action considered in the statement or assessment, on national
security, including the readiness, training, testing, and
operations of the armed forces.
``(b) Agency Input.--The Secretary of Defense shall also
include the evaluation required by subsection (a) in any
input provided by the Department of Defense as a cooperating
agency to a lead agency preparing an environmental impact
statement or environmental assessment.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2711. Environmental impact statements and environmental assessments:
evaluation of national security impacts of proposed
action and alternatives.''.
(b) Effective Date.--Section 2711 of title 10, United
States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act and apply with respect
to any environmental impact statement or environmental
assessment prepared by the Secretary of Defense that has not
been released in final form as of that date.
SEC. 313. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH
HOOPER SANDS SITE, SOUTH BERWICK, MAINE.
Using amounts authorized to be appropriated by section
301(15) for environmental restoration for the Navy, the
Secretary of the Navy may pay $1,005,478 to the Hooper Sands
Special Account within the Hazardous Substance Superfund
established by section 9507 of the Internal Revenue Code of
1986 (26 U.S.C. 9507) to reimburse the Environmental
Protection Agency in full for certain response costs incurred
by the Environmental Protection Agency for actions taken
pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) at the Hooper Sands site in South Berwick, Maine,
pursuant to an interagency agreement entered into by the
Department of the Navy and the Environmental Protection
Agency in January 2001.
SEC. 314. RIVER MITIGATION STUDIES.
(a) Port of Orange, Sabine River.--The Secretary of Defense
may conduct a study regarding mitigation needs in connection
with protruding structures and submerged objects remaining
from the World War II Navy ship building industry located at
the former Navy installation in Orange, Texas, which create
navigational hazards along the Sabine River and surrounding
the Port of Orange.
(b) Philadelphia Naval Shipyard, Delaware River.--The
Secretary of Defense may conduct a study regarding mitigation
needs in connection with floating and partially submerged
debris possibly relating to the Philadelphia Naval Shipyard
in that portion of the Delaware River from Philadelphia to
the mouth of the river which create navigational hazards
along the river.
(c) Use of Existing Information.--In conducting the studies
authorized by this section, the Secretary shall take into
account any information available from other studies
conducted in connection with the same navigation channels.
(d) Consultation.--The Secretary shall conduct the studies
authorized by this section in consultation with appropriate
State and local government entities and Federal agencies.
(e) Report on Study Results.--Not later than April 30,
2002, the Secretary of Defense shall submit to the Committee
on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate a report that
summarizes the results of the studies conducted under this
section.
(f) Cost Sharing.--Nothing in this section is intended to
require non-Federal cost sharing of the costs incurred by the
Secretary of Defense to conduct the studies authorized by
this section.
(g) Removal Authority.--Consistent with existing laws,
using funds authorized to be appropriated for these purposes,
and after providing notice to Congress, the Secretary of
Defense may work with the other Federal, State, local, and
private entities--
(1) to remove the protruding structures and submerged
objects along the Sabine River and surrounding the Port of
Orange that resulted from the abandonment of the ship
building industry and Navy installation in Orange, Texas; and
(2) to remove floating and partially submerged debris in
the portion of the Delaware River subject to the study under
subsection (b).
(h) Relation to Other Laws and Agreements.--This section is
not intended to modify any authorities provided to the
Secretary of the Army by the Water Resources Development Act
of 1986 (33 U.S.C. 2201 et seq.), nor is it intended to
modify any non-Federal cost-sharing responsibilities outlined
in any local cooperation agreements.
SEC. 315. ELIMINATION OF ANNUAL REPORT ON CONTRACTOR
REIMBURSEMENT FOR COSTS OF ENVIRONMENTAL
RESPONSE ACTIONS.
Section 2706 of title 10, United States Code, is amended by
striking subsection (c).
[[Page H7038]]
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 321. RESERVE COMPONENT COMMISSARY BENEFITS.
(a) Eligibility for Commissary Benefits.--Section 1063 of
title 10, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by inserting after the section heading the following
new subsections:
``(a) Eligibility.--Subject to subsection (c), the
Secretary concerned shall authorize members of the Ready
Reserve described in subsection (b) to have 24 days of
eligibility to use commissary stores of the Department of
Defense for any calendar year.
``(b) Covered Members.--Subsection (a) applies with respect
to the following members of the Ready Reserve:
``(1) A member of the Selected Reserve who is
satisfactorily participating in required training as
prescribed in section 10147(a)(1) of this title or section
502(a) of title 32 in that calendar year.
``(2) A member of the Ready Reserve (other than a member
described in paragraph (1)) who satisfactorily completes 50
or more points credible under section 12732(a)(2) of this
title in that calendar year.
``(c) Reduced Number of Commissary Visits for New
Members.--The number of commissary visits authorized for a
member of the Selected Reserve described in subsection (b)(1)
who enters the Selected Reserve after the beginning of the
calendar year shall be equal to twice the number of full
months remaining in the calendar year.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1063. Use of commissary stores: members of Ready
Reserve''.
(2) The table of sections at the beginning of chapter 54 of
such title is amended by striking the item relating to
section 1063 and inserting the following new item:
``1063. Use of commissary stores: members of Ready Reserve.''.
SEC. 322. REIMBURSEMENT FOR NONCOMMISSARY USE OF COMMISSARY
FACILITIES.
Section 2685 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Reimbursement for Noncommissary Use of Commissary
Facilities.--(1) If the Secretary concerned uses for
noncommissary purposes a commissary facility whose
construction was financed (in whole or in part) using the
proceeds of adjustments or surcharges authorized by
subsection (a) or revenues referred to in subsection (e), the
Secretary concerned shall reimburse the commissary surcharge
account for the depreciated value of the investment made with
such proceeds and revenues.
``(2) In paragraph (1), the term `construction' has the
meaning given such term in subsection (d)(2).''.
SEC. 323. CIVIL RECOVERY FOR NONAPPROPRIATED FUND
INSTRUMENTALITY COSTS RELATED TO SHOPLIFTING.
Section 3701(b)(1)(B) of title 31, United States Code, is
amended by inserting before the comma at the end the
following: ``, including actual and administrative costs
related to shoplifting, theft detection, and theft
prevention''.
Subtitle D--Workforce and Depot Issues
SEC. 331. WORKFORCE REVIEW LIMITATIONS.
(a) Limitation Pending GAO Report.--No more than 50 percent
of the workforce reviews planned during fiscal year 2002 may
be initiated before the date that is the earlier of (1) May
1, 2002, or (2) the date on which the Comptroller General
submits to Congress the report required by section 832 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-
221), regarding policies and procedures governing the
transfer of commercial activities from Government personnel
to Federal contractors.
(b) Required Cost Savings Level for Change.--(1) A
commercial or industrial type function of the Department of
Defense may not be changed to performance by the private
sector as a result of a workforce review unless, as a result
of the cost comparison examination required as part of the
review that employed the most efficient organization process
described in Office of Management and Budget Circular A-76 or
any successor administrative regulation or policy, at least a
10-percent cost savings would be achieved by performance of
the function by the private sector over the term of the
contract.
(2) The cost savings requirement specified in paragraph (1)
does not apply to any contracts for special studies and
analyses, construction services, architectural services,
engineering services, medical services, scientific and
technical services related to (but not in support of)
research and development, and depot-level maintenance and
repair services.
(3) The Secretary of Defense may waive the cost savings
requirement if--
(A) the written waiver is prepared by the Secretary of
Defense, or the relevant Assistant Secretary or agency head;
and
(B) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the requirement for
a cost comparison examination.
(C) The Secretary of Defense shall publish a copy of the
waiver in the Federal Register.
(c) Workforce Review Defined.--In this section, the term
``workforce review'' with respect to a function of the
Department of Defense performed by Department of Defense
civilian employees, means a review conducted under Office of
Management and Budget Circular A-76 (or any successor
administrative regulation or policy).
SEC. 332. APPLICABILITY OF CORE LOGISTICS CAPABILITY
REQUIREMENTS TO NUCLEAR AIRCRAFT CARRIERS.
Section 2464(a)(3) of title 10, United States Code, is
amended by striking ``nuclear aircraft carriers'' and
inserting ``nuclear refueling of aircraft carriers''.
SEC. 333. CONTINUATION OF CONTRACTOR MANPOWER REPORTING
SYSTEM IN DEPARTMENT OF THE ARMY.
Section 343 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 569) is
amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Reporting Requirement for Department of the Army.--
(1) Not later than March 1 of each fiscal year, the Secretary
of the Army shall submit to Congress a report describing the
use during the previous fiscal year of non-Federal entities
to provide services to the Department of the Army.
``(2) The data collection required to prepare the report is
deemed to be in compliance with the requirements of chapter
35 of title 44, United States Code, commonly known as the
Paperwork Reduction Act.
``(3) The report required by this section is needed to
comply with sections 115a and 129a of title 10, United States
Code, and is not a procurement action.'';
(2) by striking ``Department of Defense'' each place it
appears and inserting ``Department of the Army''; and
(3) by adding at the end the following new subsection:
``(d) GAO Evaluation.--Not later than 60 days after the
Secretary submits to Congress the report required under
subsection (a) for a fiscal year, the Comptroller General
shall submit to Congress an evaluation of the report.''.
SEC. 334. LIMITATION ON EXPANSION OF WHOLESALE LOGISTICS
MODERNIZATION PROGRAM.
(a) Limitation.--The Secretary of the Army may not
authorize the expansion of the Wholesale Logistics
Modernization Program beyond the original legacy systems
included in the scope of the contract awarded in December
1999 until the Secretary certifies to Congress that the
original legacy systems have been successfully replaced.
(b) GAO Evaluation.--Not later than 60 days after the
Secretary of the Army submits to Congress the certification
required under subsection (a), the Comptroller General shall
submit to Congress an evaluation of the certification.
SEC. 335. PILOT PROJECT FOR EXCLUSION OF CERTAIN EXPENDITURES
FROM LIMITATION ON PRIVATE SECTOR PERFORMANCE
OF DEPOT-LEVEL MAINTENANCE.
Section 2474 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Pilot Project for the Exclusion of Certain
Expenditures From Limitation on Private Sector Performance of
Depot-Level Maintenance.--
``(1) Amounts excluded.--Amounts expended out of funds
described in paragraph (2) for the performance of a depot-
level maintenance and repair workload by non-Federal
Government personnel at a Center of Industrial and Technical
Excellence named in paragraph (4) shall not be counted for
the purposes of section 2466(a) of this title if the
personnel are provided by private industry pursuant to a
public-private partnership undertaken by the Center under
subsection (b).
``(2) Funds for fiscal years 2002 through 2006.--The funds
referred to in paragraph (1) are funds available to the Air
Force for depot-level maintenance and repair workloads for
fiscal year 2002, 2003, 2004, 2005, or 2006, and shall not
exceed 10 percent of the total funds available in any single
year.
``(3) Reporting requirements.--All funds covered by
paragraph (1) shall be included as a separate item in the
reports required under paragraphs (1), (2), and (3) of
section 2466(e) of this title.
``(4) Covered centers.--(A) The Centers of Industrial and
Technical Excellence referred to in paragraph (1) are the
following:
``(i) Oklahoma City Air Logistics Center, Oklahoma.
``(ii) Ogden Air Logistics Center, Utah.
``(iii) Warner-Robins Air Logistics Center, Georgia.
``(B) The Secretary of the Air Force shall designate as a
Center of Industrial and Technical Excellence under this
section any of the air logistics centers named in
subparagraph (A) that have not previously been so designated
and shall specify the core competencies for which the
designation is made.''.
SEC. 336. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERVICES
MANUFACTURED OR PERFORMED BY WORKING-CAPITAL
FUNDED INDUSTRIAL FACILITIES OF THE DEPARTMENT
OF DEFENSE..
(a) General Rule.--Section 2563(c) of title 10, United
States Code, is amended--
(1) in paragraph (1)(B), by striking ``in any case of
willful misconduct or gross negligence'' and inserting ``as
provided in paragraph (3)''; and
[[Page H7039]]
(2) by adding at the end the following new paragraph:
``(3) Paragraph (1)(B) does not apply in any case of
willful misconduct or gross negligence or in the case of a
claim by a purchaser of articles or services under this
section that damages or injury arose from the failure of the
Government to comply with quality, schedule, or cost
performance requirements in the contract to provide the
articles or services.''.
(b) Conforming Amendment.--Section 2474(e)(2)(B)(i) of such
title is amended by striking ``in a case of willful conduct
or gross negligence'' and inserting ``under the circumstances
described in section 2563(c)(3) of this title''.
Subtitle E--Defense Dependents Education
SEC. 341. 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 2002.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities--
(1) $30,000,000 shall be available only for the purpose of
providing educational agencies assistance to local
educational agencies; and
(2) $1,000,000 shall be available only for the purpose of
making payments to local educational agencies to assist such
agencies in adjusting to reductions in the number of military
dependent students as a result of the closure or realignment
of military installations, as provided in section 386(d) of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 7703 note).
(b) Notification.--Not later than June 30, 2002, the
Secretary of Defense shall notify each local educational
agency that is eligible for assistance or a payment under
subsection (a) for fiscal year 2002 of--
(1) that agency's eligibility for the assistance or
payment; and
(2) the amount of the assistance or payment for which that
agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 342. AVAILABILITY OF AUXILIARY SERVICES OF DEFENSE
DEPENDENTS' EDUCATION SYSTEM FOR DEPENDENTS WHO
ARE HOME SCHOOL STUDENTS.
Section 1407 of the Defense Dependents' Education Act of
1978 (20 U.S.C. 926) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Auxiliary Services Available to Home School
Students.--(1) A dependent who is educated in a home school
setting, but who is eligible to enroll in a school of the
defense dependents' education system, shall be permitted to
use or receive auxiliary services of that school without
being required to either enroll in that school or register
for a minimum number of courses offered by that school. The
dependent may be required to satisfy other eligibility
requirements applicable to students actually enrolled in that
school who use or receive the same auxiliary services.
``(2) For purposes of paragraph (1), the term `auxiliary
services' includes registration in individual courses, use of
academic resources, access to the library of the school,
after hours use of school facilities, and participation in
music, sports, and other extracurricular and interscholastic
activities.''.
SEC. 343. REPORT REGARDING COMPENSATION FOR TEACHERS EMPLOYED
IN TEACHING POSITIONS IN OVERSEAS SCHOOLS
OPERATED BY THE DEPARTMENT OF DEFENSE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report evaluating the method currently used by the Secretary
to fix the basic compensation for teachers and teaching
positions in the Department of Defense under the Defense
Department Overseas Teachers Pay and Personnel Practices Act
(20 U.S.C. 901 et seq.). The report shall include the
recommendations of the Secretary regarding a proposal to
increase such compensation to reflect the average of the
range of rates of basic compensation for similar teaching
positions of a comparable level of duties and
responsibilities for teachers employed in public schools in
the District of Columbia metropolitan area, which includes
the District of Columbia Public Schools, Arlington Public
Schools, Alexandria City Public Schools, Fairfax County
Public Schools, Montgomery County Public Schools, and Prince
George's County Public Schools.
Subtitle F--Other Matters
SEC. 351. AVAILABILITY OF EXCESS DEFENSE PERSONAL PROPERTY TO
SUPPORT DEPARTMENT OF VETERANS AFFAIRS
INITIATIVE TO ASSIST HOMELESS VETERANS.
(a) Transfer Authority.--Section 2557(a) of title 10,
United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may make excess clothing,
shoes, sleeping bags, and related nonlethal excess supplies
available to the Secretary of Veterans Affairs for
distribution to homeless veterans and programs assisting
homeless veterans. The transfer of nonlethal excess supplies
to the Secretary of Veterans Affairs under this paragraph
shall be without reimbursement.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for
homeless veteran initiatives and humanitarian relief''.
(2) The table of sections at the beginning of chapter 152
of such title is amended by striking the item relating to
section 2557 and inserting the following new item:
``2557. Excess nonlethal supplies: availability for homeless veteran
initiatives and humanitarian relief.''.
SEC. 352. CONTINUATION OF LIMITATIONS ON IMPLEMENTATION OF
NAVY-MARINE CORPS INTRANET CONTRACT.
(a) Exclusion of Marine Corps.--Subsection (c) of section
814 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106-398; 114
Stat. 1654A-215) is amended--
(1) by striking ``Prohibition on Increase of Rates
Charged.--'' and inserting ``Prohibitions.--(1)'';
(2) by striking ``fiscal year 2001'' and inserting ``fiscal
year 2002''; and
(3) by adding at the end the following new paragraph:
``(2) The Navy Intranet contract may not include any
activities of the Marine Corps.''.
(b) Limitation on Phased Implementation.--Subsection (b)(4)
of such section is amended--
(1) by striking ``fiscal year 2001'' both places it appears
and inserting ``fiscal year 2002''; and
(2) by striking ``Marine Corps, the naval shipyards, or''
both places it appears and inserting ``naval shipyards or''.
SEC. 353. COMPLETION AND EVALUATION OF CURRENT DEMONSTRATION
PROGRAMS TO IMPROVE QUALITY OF PERSONAL
PROPERTY SHIPMENTS OF MEMBERS.
(a) Completion.--The Secretary of Defense shall conduct to
completion all demonstration programs in the Department of
Defense that were designed to improve the movement of
household goods of members of the Armed Forces and were being
conducted or authorized as of October 1, 2000,
(b) Evaluation.--Not later than August 31, 2002, the
Secretary of Defense shall submit to Congress a report
evaluating whether the demonstration programs referred to in
subsection (a), as implemented, satisfy the goals (as
contained in the General Accounting Report NSIAD 97-49) for
such demonstration programs previously agreed upon between
the Department of Defense and representatives of private
sector entities involved in the transportation of household
goods for members of the Armed Forces.
(c) Interim Reports.--Not later than January 15, 2002, and
April 15, 2002, the Secretary shall submit to Congress
interim reports regarding the progress of the demonstration
programs referred to in subsection (a).
SEC. 354. EXPANSION OF ENTITIES ELIGIBLE FOR LOAN, GIFT, AND
EXCHANGE OF DOCUMENTS, HISTORICAL ARTIFACTS,
AND OBSOLETE COMBAT MATERIEL.
Section 2572(a)(1) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, county, or other political subdivision of a
State''.
SEC. 355. SENSE OF CONGRESS REGARDING SECURITY TO BE PROVIDED
AT THE 2002 WINTER OLYMPIC GAMES.
It is the sense of Congress that the Secretary of Defense
should provide essential and appropriate public safety and
security support for the 2002 Winter Olympic Games in Salt
Lake City, Utah.
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, 2002, as follows:
(1) The Army, 480,000.
(2) The Navy, 376,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 358,800.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title
10, United States Code, is amended--
(1) in paragraph (2), by striking ``372,000'' and inserting
``376,000''; and
(2) in paragraph (4), by striking ``357,000'' and inserting
``358,800''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2001, or the date of the
enactment of this Act, whichever is later.
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, 2002, as follows:
[[Page H7040]]
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,000.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 74,700.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
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, 2002, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,974.
(2) The Army Reserve, 13,108.
(3) The Naval Reserve, 14,811.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,591.
(6) The Air Force Reserve, 1,437.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2002 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United States,
23,128.
(2) For the Army Reserve, 5,999.
(3) For the Air National Guard of the United States,
22,422.
(4) For the Air Force Reserve, 9,818.
SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STATUS
TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians
employed by the reserve components of the Army and the Air
Force as of September 30, 2002, may not exceed the following:
(1) For the Army Reserve, 1,095.
(2) For the Army National Guard of the United States,
1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United States, 350.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.
SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PERSONNEL SERVING
ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY
IN CERTAIN GRADES FOR ADMINISTRATION OF RESERVE
COMPONENTS.
(a) Officers.--The text of section 12011 of title 10,
United States Code, is amended to read as follows:
``(a) Limitations.--(1) Of the total number of members of a
reserve component who are serving on full-time reserve
component duty at the end of any fiscal year, the number of
those members who may be serving in each of the grades of
major, lieutenant colonel, and colonel may not, as of the end
of that fiscal year, exceed the number determined in
accordance with the following table:
----------------------------------------------------------------------------------------------------------------
Number of officers of that reserve component who may be
serving in the grade of:
``Total number of members of a reserve component ---------------------------------------------------------
serving on full-time reserve component duty: Lieutenant
Major Colonel Colonel
----------------------------------------------------------------------------------------------------------------
Army Reserve:
10,000................................................ 1,390 740 230
11,000................................................ 1,529 803 242
12,000................................................ 1,668 864 252
13,000................................................ 1,804 924 262
14,000................................................ 1,940 984 272
15,000................................................ 2,075 1,044 282
16,000................................................ 2,210 1,104 291
17,000................................................ 2,345 1,164 300
18,000................................................ 2,479 1,223 309
19,000................................................ 2,613 1,282 318
20,000................................................ 2,747 1,341 327
21,000................................................ 2,877 1,400 336
Army National Guard:
20,000................................................ 1,500 850 325
22,000................................................ 1,650 930 350
24,000................................................ 1,790 1,010 370
26,000................................................ 1,930 1,085 385
28,000................................................ 2,070 1,160 400
30,000................................................ 2,200 1,235 405
32,000................................................ 2,330 1,305 408
34,000................................................ 2,450 1,375 411
36,000................................................ 2,570 1,445 411
38,000................................................ 2,670 1,515 411
40,000................................................ 2,770 1,580 411
42,000................................................ 2,837 1,644 411
Marine Corps Reserve:
1,100................................................. 106 56 20
1,200................................................. 110 60 21
1,300................................................. 114 63 22
1,400................................................. 118 66 23
1,500................................................. 121 69 24
1,600................................................. 124 72 25
1,700................................................. 127 75 26
1,800................................................. 130 78 27
1,900................................................. 133 81 28
2,000................................................. 136 84 29
2,100................................................. 139 87 30
2,200................................................. 141 90 31
2,300................................................. 143 92 32
2,400................................................. 145 94 33
2,500................................................. 147 96 34
2,600................................................. 149 98 35
Air Force Reserve:
500................................................... 83 85 50
1,000................................................. 155 165 95
1,500................................................. 220 240 135
2,000................................................. 285 310 170
2,500................................................. 350 369 203
3,000................................................. 413 420 220
3,500................................................. 473 464 230
[[Page H7041]]
4,000................................................. 530 500 240
4,500................................................. 585 529 247
5,000................................................. 638 550 254
5,500................................................. 688 565 261
6,000................................................. 735 575 268
7,000................................................. 770 595 280
8,000................................................. 805 615 290
10,000................................................ 835 635 300
Air National Guard:
5,000................................................. 333 335 251
6,000................................................. 403 394 260
7,000................................................. 472 453 269
8,000................................................. 539 512 278
9,000................................................. 606 571 287
10,000................................................ 673 630 296
11,000................................................ 740 688 305
12,000................................................ 807 742 314
13,000................................................ 873 795 323
14,000................................................ 939 848 332
15,000................................................ 1,005 898 341
16,000................................................ 1,067 948 350
17,000................................................ 1,126 998 359
18,000................................................ 1,185 1,048 368
19,000................................................ 1,235 1,098 377
20,000................................................ 1,283 1,148 380.
----------------------------------------------------------------------------------------------------------------
``(2) Of the total number of members of the Naval Reserve
who are serving on full-time reserve component duty at the
end of any fiscal year, the number of those members who may
be serving in each of the grades of lieutenant commander,
commander, and captain may not, as of the end of that fiscal
year, exceed the number determined in accordance with the
following table:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving in the grade of:
``Total number of members of Naval Reserve serving on ---------------------------------------------------------
full-time reserve component duty Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
10,000................................................ 807 447 141
11,000................................................ 867 467 153
12,000................................................ 924 485 163
13,000................................................ 980 503 173
14,000................................................ 1,035 521 183
15,000................................................ 1,088 538 193
16,000................................................ 1,142 555 203
17,000................................................ 1,195 565 213
18,000................................................ 1,246 575 223
19,000................................................ 1,291 585 233
20,000................................................ 1,334 595 242
21,000................................................ 1,364 603 250
22,000................................................ 1,384 610 258
23,000................................................ 1,400 615 265
24,000................................................ 1,410 620 270.
----------------------------------------------------------------------------------------------------------------
``(b) Determinations by Interpolation.--If the total number
of members of a reserve component serving on full-time
reserve component duty is between any two consecutive numbers
in the first column of the appropriate table in paragraph (1)
or (2) of subsection (a), the corresponding authorized
strengths for each of the grades shown in that table for that
component are determined by mathematical interpolation
between the respective numbers of the two strengths. If the
total number of members of a reserve component serving on
full-time reserve component duty is more or less than the
highest or lowest number, respectively, set forth in the
first column of the appropriate table in paragraph (1) or (2)
of subsection (a), the Secretary concerned shall fix the
corresponding strengths for the grades shown in that table at
the same proportion as is reflected in the nearest limit
shown in the table.
``(c) Reallocations to Lower Grades.--Whenever the number
of officers serving in any grade for duty described in
subsection (a) is less than the number authorized for that
grade under this section, the difference between the two
numbers may be applied to increase the number authorized
under this section for any lower grade.
``(d) Secretarial Waiver.--(1) Upon determining that it is
in the national interest to do so, the Secretary of Defense
may increase for a particular fiscal year the number of
reserve officers that may be on full-time reserve component
duty for a reserve component in a grade referred to in a
table in subsection (a) by a number that does not exceed the
number equal to 5 percent of the maximum number specified for
the grade in that table.
``(2) Whenever the Secretary exercises the authority
provided in paragraph (1), the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives notice in
writing of the adjustment made.
``(e) Full-Time Reserve Component Duty Defined.--In this
section, the term `full-time reserve component duty' means
the following duty:
``(1) Active duty described in sections 10211, 10302,
10303, 10304, 10305, 12310, or 12402 of this title.
``(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32.
``(3) Active duty described in section 708 of title 32.''.
(b) Senior Enlisted Members.--The text of section 12012 of
title 10, United States Code, is amended to read as follows:
``(a) Limitations.--Of the total number of members of a
reserve component who are serving on full-time reserve
component duty at the end of any fiscal year, the number of
those members in each of pay grades of E-8 and E-9 who may be
serving on active duty under section 10211 or 12310, or on
full-time National Guard duty under the authority of section
502(f) of title 32 (other than for training) in connection
with organizing, administering, recruiting, instructing, or
training the reserve components or the National Guard may
not, as of the end of that fiscal year, exceed the number
determined in accordance with the following table:
------------------------------------------------------------------------
Number of members E-8
``Total number of members of a of that reserve -------------------
reserve component serving on full- component who may
time reserve component duty: be serving in the E-9
grade of:
------------------------------------------------------------------------
Army Reserve:
10,000........................... 1,052 154
[[Page H7042]]
11,000........................... 1,126 168
12,000........................... 1,195 180
13,000........................... 1,261 191
14,000........................... 1,327 202
15,000........................... 1,391 213
16,000........................... 1,455 224
17,000........................... 1,519 235
18,000........................... 1,583 246
19,000........................... 1,647 257
20,000........................... 1,711 268
21,000........................... 1,775 278
Army National Guard:
20,000........................... 1,650 550
22,000........................... 1,775 615
24,000........................... 1,900 645
26,000........................... 1,945 675
28,000........................... 1,945 705
30,000........................... 1,945 725
32,000........................... 1,945 730
34,000........................... 1,945 735
36,000........................... 1,945 738
38,000........................... 1,945 741
40,000........................... 1,945 743
42,000........................... 1,945 743
Naval Reserve:
10,000........................... 340 143
11,000........................... 364 156
12,000........................... 386 169
13,000........................... 407 182
14,000........................... 423 195
15,000........................... 435 208
16,000........................... 447 221
17,000........................... 459 234
18,000........................... 471 247
19,000........................... 483 260
20,000........................... 495 273
21,000........................... 507 286
22,000........................... 519 299
23,000........................... 531 312
24,000........................... 540 325
Marine Corps Reserve:
1,100............................ 50 11
1,200............................ 55 12
1,300............................ 60 13
1,400............................ 65 14
1,500............................ 70 15
1,600............................ 75 16
1,700............................ 80 17
1,800............................ 85 18
1,900............................ 89 19
2,000............................ 93 20
2,100............................ 96 21
2,200............................ 99 22
2,300............................ 101 23
2,400............................ 103 24
2,500............................ 105 25
2,600............................ 107 26
Air Force Reserve:
500.............................. 75 40
1,000............................ 145 75
1,500............................ 208 105
2,000............................ 270 130
2,500............................ 325 150
3,000............................ 375 170
3,500............................ 420 190
4,000............................ 460 210
4,500............................ 495 230
5,000............................ 530 250
5,500............................ 565 270
6,000............................ 600 290
7,000............................ 670 330
8,000............................ 740 370
10,000........................... 800 400
Air National Guard:
5,000............................ 1,020 405
6,000............................ 1,070 435
7,000............................ 1,120 465
8,000............................ 1,170 490
9,000............................ 1,220 510
10,000........................... 1,270 530
11,000........................... 1,320 550
12,000........................... 1,370 570
13,000........................... 1,420 589
14,000........................... 1,470 608
15,000........................... 1,520 626
16,000........................... 1,570 644
17,000........................... 1,620 661
18,000........................... 1,670 678
[[Page H7043]]
19,000........................... 1,720 695
20,000........................... 1,770 712.
------------------------------------------------------------------------
``(b) Determinations by Interpolation.--If the total number
of members of a reserve component serving on full-time
reserve component duty is between any two consecutive numbers
in the first column of the table in subsection (a), the
corresponding authorized strengths for each of the grades
shown in that table for that component are determined by
mathematical interpolation between the respective numbers of
the two strengths. If the total number of members of a
reserve component serving on full-time reserve component duty
is more or less than the highest or lowest number,
respectively, set forth in the first column of the table in
subsection (a), the Secretary concerned shall fix the
corresponding strengths for the grades shown in the table at
the same proportion as is reflected in the nearest limit
shown in the table.
``(c) Reallocations to Lower Grade.--Whenever the number of
officers serving in pay grade E-9 for duty described in
subsection (a) is less than the number authorized for that
grade under this section, the difference between the two
numbers may be applied to increase the number authorized
under this section for pay grade E-8.
``(d) Secretarial Waiver.--(1) Upon determining that it is
in the national interest to do so, the Secretary of Defense
may increase for a particular fiscal year the number of
reserve enlisted members that may be on active duty or full-
time National Guard duty as described in subsection (a) for a
reserve component in a pay grade referred to in a table in
subsection (a) by a number that does not exceed the number
equal to 5 percent of the maximum number specified for that
grade and reserve component in the table.
``(2) Whenever the Secretary exercises the authority
provided in paragraph (1), the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives notice in
writing of the adjustment made.
``(e) Full-Time Reserve Component Duty Defined.--In this
section, the term `full-time reserve component duty' has the
meaning given the term in section 12011(e) of this title.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001, or the date of the
enactment of this Act, whichever is later.
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. INCREASE IN PERCENTAGE BY WHICH ACTIVE COMPONENT
END STRENGTHS FOR ANY FISCAL YEAR MAY BE
INCREASED.
(a) Increase.--Section 115(c)(1) of title 10, United States
Code, is amended by striking ``1 percent'' and inserting ``2
percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001, or the date of the
enactment of this Act, whichever is later.
SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR NATIONAL
GUARD AND RESERVE PERSONNEL PERFORMING FUNERAL
HONORS FUNCTIONS.
Section 115(d) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(10) Members of reserve components on active duty to
prepare for and to perform funeral honors functions for
funerals of veterans in accordance with section 1491 of this
title.
``(11) Members on full-time National Guard duty to prepare
for and perform funeral honors functions for funerals of
veterans in accordance with section 1491 of this title.''.
SEC. 423. INCREASE IN AUTHORIZED STRENGTHS FOR AIR FORCE
OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR.
The table in section 523(a)(1) of title 10, United States
Code, is amended by striking the figures under the heading
``Major'' in the portion of the table relating to the Air
Force and inserting the following:
``9,861
10,727
11,593
12,460
13,326
14,192
15,058
15,925
16,792
17,657
18,524
19,389
20,256
21,123
21,989
22,855
23,721
24,588
25,454''.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2002 a total of $82,279,101,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2002.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General Personnel Management Authorities
SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF SENIOR
GENERAL AND FLAG OFFICER POSITIONS.
(a) Repeal of Limit on Number of Officers on Active Duty in
Grades of General and Admiral.--Section 528 of title 10,
United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 32 of such title is amended by striking
the item relating to section 528.
SEC. 502. ORIGINAL APPOINTMENTS IN REGULAR GRADES FOR ACADEMY
GRADUATES AND CERTAIN OTHER NEW OFFICERS.
(a) Repeal of Requirement for One Year of Active Duty in a
Reserve Grade.--Section 532(e) of title 10, United States
Code, is repealed.
(b) Military Academy Graduates.--Section 4353(b) of such
title is amended to read as follows:
``(b) A cadet who completes the prescribed course of
instruction, is qualified for an original appointment in a
regular component under section 532 of this title, and meets
such other criteria for appointment as a commissioned officer
in the Army as may be prescribed by the Secretary of the Army
shall, upon graduation, be appointed a second lieutenant in
the Regular Army under section 531 of this title, unless
appointed under that section in a regular component of one of
the other armed forces in accordance with section 541 of this
title.''.
(c) Naval Academy Graduates.--Section 6967 of such title is
amended--
(1) by inserting ``(a)'' before ``Under regulations''; and
(2) by adding at the end the following:
``(b) A midshipman who completes the prescribed course of
instruction, is qualified for an original appointment in a
regular component under section 532 of this title, and meets
such other criteria for appointment as a commissioned officer
in the naval service as may be prescribed by the Secretary of
the Navy shall, upon graduation, be appointed an ensign in
the Regular Navy or a second lieutenant in the Regular Marine
Corps under section 531 of this title, unless appointed under
that section in a regular component of one of the other armed
forces in accordance with section 541 of this title.''.
(d) Air Force Academy Graduates.--Section 9353(b) of such
title is amended to read as follows:
``(b) A cadet who completes the prescribed course of
instruction, is qualified for an original appointment in a
regular component under section 532 of this title, and meets
such other criteria for appointment as a commissioned officer
in the Air Force as may be prescribed by the Secretary of the
Air Force shall, upon graduation, be appointed a second
lieutenant in the Regular Air Force under section 531 of this
title, unless appointed under that section in a regular
component of one of the other armed forces in accordance with
section 541 of this title.''.
(e) ROTC Distinguished Graduates.--Section 2106(a) of such
title is amended by adding at the end the following new
sentence: ``However, a member of the program selected for an
appointment under this section who, under regulations
prescribed by the Secretary of the military department
concerned, is designated or selected as a Distinguished
Graduate (or the equivalent) shall be appointed as a regular
officer.''.
(f) Other Commissioning Programs.--(1) Chapter 33 of such
title is amended by adding at the end the following new
section:
``Sec. 542. Distinguished Graduates of officer commissioning
programs other than service academies and ROTC
``A person who is selected for an original appointment as a
commissioned officer in the Army, Navy, Air Force, or Marine
Corps as a result of satisfactory completion of an officer
commissioning program other than the course of instruction at
one of the service academies named in section 541 of this
title or the Senior Reserve Officers' Training Corps program
and who, under regulations prescribed by the Secretary of the
military department concerned, is designated or selected as a
Distinguished Graduate of that program (or the equivalent)
shall be appointed as a regular officer.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
[[Page H7044]]
``542. Distinguished Graduates of officer commissioning programs other
than service academies and ROTC.''.
(g) Effective Date.--The amendments made by this section
shall take effect on May 1, 2002.
SEC. 503. TEMPORARY REDUCTION OF TIME-IN-GRADE REQUIREMENT
FOR ELIGIBILITY FOR PROMOTION FOR CERTAIN
ACTIVE-DUTY LIST OFFICERS IN GRADES OF FIRST
LIEUTENANT AND LIEUTENANT (JUNIOR GRADE).
(a) Authority.--Subsection (a) of section 619 of title 10,
United States Code, is amended--
(1) in paragraph (1)(B), by inserting before the period at
the end the following: ``, or such shorter period as may be
in effect under paragraph (6)''; and
(2) by adding at the end the following new paragraph:
``(6)(A) When the needs of the service require, the
Secretary of the military department concerned may reduce to
eighteen months the period of service in grade applicable for
purposes of paragraph (1)(B) in the case of officers who are
serving in a position that is authorized for officers in the
grade of captain or, in the case of the Navy, lieutenant.
``(B) If the Secretary of the military department concerned
uses the authority provided in subparagraph (A), the number
of captains or, in the case of the Navy, lieutenants on the
active-duty list may not exceed the number of positions for
which officers in that grade are authorized by more than one
percent.
``(C) The authority under subparagraph (A) and the
limitation under subparagraph (B) expire on September 30,
2005.''.
(b) Stylistic Amendments.--Such section is further amended
as follows:
(1) Subsection (a) is amended by striking ``(a)(1)'' and
inserting ``(a) Time-in-Grade Requirements.--(1)''.
(2) Subsection (b) is amended by striking ``(b)(1)'' and
inserting ``(b) Continued Eligibility for Consideration for
Promotion of Officers Who Have Previously Failed of
Selection.--(1)''.
(3) Subsection (c) is amended by striking ``(c)(1)'' and
inserting ``(c) Officers To Be Considered by Promotion
Boards.--(1)''.
(4) Subsection (d) is amended by inserting ``Certain
Officers Not To Be Considered.--'' after ``(d)''.
(c) Technical Amendment.--Subsection (a)(4) of such section
is amended by striking ``clause (A)'' and inserting
``subparagraph (A)''.
SEC. 504. INCREASE IN SENIOR ENLISTED ACTIVE DUTY GRADE LIMIT
FOR NAVY, MARINE CORPS, AND AIR FORCE.
(a) Members in Pay Grade E-8.--Section 517(a) of title 10,
United States Code, is amended by striking ``2 percent (or,
in the case of the Army, 2.5 percent)'' and inserting ``2.5
percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001, or the date of the
enactment of this Act, whichever is later.
SEC. 505. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL
DEFERMENT OF MANDATORY RETIREMENT OR
SEPARATION.
The text of section 640 of title 10, United States Code, is
amended to read as follows:
``(a) If the Secretary of the military department concerned
determines that the evaluation of the physical condition of
an officer and determination of the officer's entitlement to
retirement or separation for physical disability require
hospitalization or medical observation and that such
hospitalization or medical observation cannot be completed
with confidence in a manner consistent with the member's well
being before the date on which the officer would otherwise be
required to retire or be separated under this title, the
Secretary may defer the retirement or separation of the
officer under this title.
``(b) A deferral of retirement or separation under
subsection (a) may not extend for more than 30 days after
completion of the evaluation requiring hospitalization or
medical observation.''.
SEC. 506. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE DUTY OF
MEMBERS SUBJECT TO MANDATORY RETIREMENT OR
SEPARATION.
(a) Section 12305 Stop-Loss Authority.--Section 12305 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c) Upon the termination of a suspension made under the
authority of subsection (a) of a provision of law otherwise
requiring the separation or retirement of officers on active
duty because of age, length of service or length of service
in grade, or failure of selection for promotion, the
Secretary concerned shall extend by up to 90 days the
otherwise required separation or retirement date of any
officer covered by the suspended provision whose separation
or retirement date, but for the suspension, would have been
before the date of the termination of the suspension or
within 90 days of the date of such termination.''.
(b) Section 123 Stop-Loss Authority.--Section 123 of such
title is amended by adding at the end the following new
subsection:
``(d) Upon the termination of a suspension made under the
authority of subsection (a) of a provision of law otherwise
requiring the separation or retirement of officers on active
duty because of age, length of service or length of service
in grade, or failure of selection for promotion, the
Secretary concerned shall extend by up to 90 days the
otherwise required separation or retirement date of any
officer covered by the suspended provision whose separation
or retirement date, but for the suspension, would have been
before the date of the termination of the suspension or
within 90 days of the date of such termination.''.
SEC. 507. CLARIFICATION OF DISABILITY SEVERANCE PAY
COMPUTATION.
(a) Clarification.--Section 1212(a)(2) of title 10, United
States Code, is amended by striking ``for promotion'' in
subparagraph (C) and the first place it appears in
subparagraph (D).
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to members separated under section
1203 or 1206 of title 10, United States Code, on or after
date of the enactment of this Act.
SEC. 508. OFFICER IN CHARGE OF UNITED STATES NAVY BAND.
(a) Detail and Grade.--Section 6221 of title 10, United
States Code, is amended to read as follows:
Sec. 6221. United States Navy Band; officer in charge
``(a) There is a Navy band known as the United States Navy
Band.
``(b) An officer of the Navy designated for limited duty
under section 5589 or 5596 of this title who is serving in a
grade not below lieutenant commander may be detailed by the
Secretary of the Navy as Officer in Charge of the United
States Navy Band. While so serving, an officer so detailed
shall hold the grade of captain if recommended by the
Secretary of the Navy for appointment to that grade and
appointed to that grade by the President, by and with the
advice and consent of the Senate. Such an appointment may be
made notwithstanding section 5596(d) of this title.''.
(b) Clerical Amendment.--The item relating to section 6221
in the table of sections at the beginning of chapter 565 of
such title is amended to read as follows:
``6221. United States Navy Band; officer in charge.''.
SEC. 509. ONE-YEAR EXTENSION OF EXPIRATION DATE FOR CERTAIN
FORCE MANAGEMENT AUTHORITIES.
(a) Early Retirement Authority for Active Force Members.--
Section 4403(i) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1293 note) is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(b) SSB and VSI.--Sections 1174a(h)(1) and 1175(d)(3) of
title 10, United States Code, are amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(c) Selective Early Retirement Boards.--Section 638a(a) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(d) Time-in-Grade Requirement for Retention of Grade Upon
Voluntary Retirement.--Section 1370 of such title is amended
by striking ``December 31, 2001'' in subsections (a)(2)(A)
and (d)(5) and inserting ``December 31, 2002''.
(e) Minimum Commissioned Service for Voluntary Retirement
as an Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of
such title are amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(f) Travel, Transportation, and Storage Benefits.--Sections
404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and
406(g)(1)(C) of title 37, United States Code, and section
503(c)(1) of the National Defense Authorization Act for
Fiscal Year 1991 (37 U.S.C. 406 note) are amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(g) Educational Leave for Public and Community Service.--
Section 4463(f) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(h) Transitional Health Benefits.--Subsections (a)(1),
(c)(1), and (e) of section 1145 of title 10, United States
Code, are amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(i) Transitional Commissary and Exchange Benefits.--Section
1146 of such title is amended by striking ``December 31,
2001'' both places it appears and inserting ``December 31,
2002''.
(j) Transitional Use of Military Housing.--Paragraphs (1)
and (2) of section 1147(a) of such title are amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(k) Continued Enrollment of Dependents in Defense
Dependents' Education System.--Section 1407(c)(1) of the
Defense Dependents' Education Act of 1978 (20 U.S.C.
926(c)(1)) is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(l) Force Reduction Transition Period Defined for Certain
Guard and Reserve Benefits.--Section 4411 of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
12681 note) is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(m) Retired Pay for Non-Regular Service.--Sections 12731(f)
and 12731a(b) of title 10, United States Code, are amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(n) Affiliation With Guard and Reserve Units; Waiver of
Certain Limitations.--Section 1150(a) of such title is
amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(o) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of
such title is amended by
[[Page H7045]]
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN RESERVE
OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE
YEARS OR LESS.
(a) Clarification of Exemption.--Section 641(1)(D) of title
10, United States Code, is amended to read as follows:
``(D) on active duty under section 12301(d) of this title,
other than as provided under subparagraph (C), if the call or
order to active duty, under regulations prescribed by the
Secretary concerned, specifies a period of three years or
less and continued placement on the reserve active-status
list;''.
(b) Retroactive Application.--(1) The Secretary of the
military department concerned may provide that an officer who
was excluded from the active-duty list under section
641(1)(D) of title 10, United States Code, as amended by
section 521 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-108), shall be
considered to have been on the active-duty list during the
period beginning on the date on which the officer was so
excluded and ending on the date of the enactment of this Act.
(2) The Secretary of the military department concerned may
provide that a Reserve officer who was placed on the active-
duty list on or after October 30, 1997, shall be placed on
the reserve active-status list if the officer otherwise meets
the conditions specified in section 641(1)(D) of title 10,
United States Code, as amended by subsection (a).
SEC. 512. EXPANDED APPLICATION OF RESERVE SPECIAL SELECTION
BOARDS.
(a) Special Selection Board for Below-the-Zone
Consideration.--Section 14502 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``from in or above
the promotion zone'';
(2) in subsection (a)(3), by inserting ``for selection for
promotion from in or above the promotion zone'' after ``for
consideration''; and
(3) in subsection (b)(1), by striking ``from in or above
the promotion zone''.
(b) Technical Amendment.--Subsection (b)(1) of such section
is amended by striking ``under this chapter by a selection
board'' and inserting ``by a promotion board convened under
section 14101(a) of this title''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to any Reserve officer who was not considered for
promotion because of administrative error, or was considered
for promotion but not selected because of material error,
under part III of subtitle E of title 10, United States Code,
on or after October 1, 1996.
SEC. 513. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR
APPOINTMENT OF RESERVE OFFICERS TO GRADES ABOVE
FIRST LIEUTENANT.
Section 12205(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The appointment to a grade in the Army Reserve of a
person whose original appointment as an officer in the Army
Reserve was through the Officer Candidate School program and
who immediately before that original appointment was an
enlisted member on active duty.''.
SEC. 514. IMPROVED DISABILITY BENEFITS FOR CERTAIN RESERVE
COMPONENT MEMBERS.
(a) Medical and Dental Care.--Sections 1074a(a)(3) and
1076(a)(2)(C) of title 10, United States Code, are each
amended by striking ``, if the'' and all that follows through
``member's residence''.
(b) Eligibility for Disability Retirement or Separation.--
Sections 1204(2)(B)(iii) and 1206(2)(B)(iii) of title 10,
United States Code, are each amended by striking ``, if the''
and all that follows through ``member's residence''.
(c) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of title 10, United States Code, is amended by
striking ``, if the site is outside reasonable commuting
distance from the member's residence''.
(d) Pay.--Sections 204(g)(1)(D), 204(h)(1)(D), and
206(a)(3)(C) of title 37, United States Code, are each
amended by striking ``, if the site is outside reasonable
commuting distance from the member's residence''.
SEC. 515. TIME-IN-GRADE REQUIREMENT FOR RESERVE COMPONENT
OFFICERS WITH A NONSERVICE CONNECTED
DISABILITY.
Section 1370(d)(3)(B) of title 10, United States Code, is
amended to read as follows:
``(B) A person covered by subparagraph (A) who has
completed at least six months of satisfactory service in
grade may be credited with satisfactory service in the grade
in which serving at the time of transfer or discharge,
notwithstanding failure of the person to complete three years
of service in that grade, if that person--
``(i) is transferred from an active status or discharged as
a reserve commissioned officer solely due to the requirements
of a nondiscretionary provision of law requiring that
transfer or discharge due to the person's age or years of
service; or
``(ii) is retired under chapter 1223 of this title because
the person no longer meets the qualification for membership
in the Ready Reserve solely because of a physical disability,
as determined, at a minimum, by a medical evaluation
board.''.
SEC. 516. RESERVE MEMBERS CONSIDERED TO BE DEPLOYED FOR
PURPOSES OF PERSONNEL TEMPO MANAGEMENT.
Section 991(b) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``active'' before ``service''; and
(B) by adding at the end the following: ``For the purpose
of applying the preceding sentence to a member of a reserve
component performing active service, the housing in which the
member resides when on garrison duty at the member's
permanent duty station or homeport, as the case may be, shall
be considered to be either the housing the member normally
occupies when on garrison duty or the member's permanent
civilian residence.'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(4) in paragraph (3) (as so redesignated), by striking ``in
paragraphs (1) and (2)'' and inserting ``in paragraph (1)''.
SEC. 517. FUNERAL HONORS DUTY PERFORMED BY RESERVE AND GUARD
MEMBERS TO BE TREATED AS INACTIVE-DUTY TRAINING
FOR CERTAIN PURPOSES.
(a) Reserve Members.--Section 12503(a) of title 10, United
States Code, is amended by adding at the end the following
new sentence: ``Performance of funeral honors duty by a
Reserve not on active duty shall be treated as inactive-duty
training (including with respect to travel to and from such
duty) for purposes of any provision of law other than
sections 206 and 435 of title 37.''.
(b) National Guard Members.--Section 115(a) of title 32,
United States Code, is amended by adding at the end the
following new sentence: ``Performance of funeral honors duty
by such a member not on active duty or full-time National
Guard duty shall be treated as inactive-duty training
(including with respect to travel to and from such duty) for
purposes of any provision of law other than sections 206 and
435 of title 37.''.
(c) Effective Date.--The amendments made by this section
shall apply to funeral honors duty performed on or after
October 30, 2000.
SEC. 518. MEMBERS OF THE NATIONAL GUARD PERFORMING FUNERAL
HONORS DUTY WHILE IN NON-FEDERAL STATUS.
Section 1491(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) A member of the Army National Guard of the United
States or the Air National Guard of the United States who
serves as a member of a funeral honors detail while in a duty
status authorized under State law shall be considered to be a
member of the armed forces for the purposes of the first
sentence of paragraph (2).''.
SEC. 519. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY
RESERVE MEMBERS AND NATIONAL GUARDSMEN.
Section 6323(a)(1) of title 5, United States Code, is
amended by inserting ``funeral honors duty (as described in
section 12503 of title 10 and section 115 of title 32),''
after ``(as defined in section 101 of title 37),''.
SEC. 520. PREPARATION FOR, PARTICIPATION IN, AND CONDUCT OF
ATHLETIC COMPETITIONS BY THE NATIONAL GUARD AND
MEMBERS OF THE NATIONAL GUARD.
(a) Athletic and Small Arms Competitions.--Section 504 of
title 32, United States Code, is amended by adding at the end
the following new subsection:
``(c) Conduct of and Participation in Certain
Competitions.--(1) Under regulations prescribed by the
Secretary of Defense, members and units of the National Guard
may conduct and compete in a qualifying athletic competition
or a small arms competition so long as--
``(A) the conduct of, or participation in, the competition
does not adversely affect the quality of 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;
``(B) National Guard personnel will enhance their military
skills as a result of conducting or participating in the
competition; and
``(C) the conduct of or participation in the competition
will not result in a significant increase in National Guard
costs.
``(2) Facilities and equipment of the National Guard,
including military property and vehicles described in section
508(c) of this title, may be used in connection with the
conduct of or participation in a qualifying athletic
competition or a small arms competition under paragraph
(1).''.
(b) Other Matters.--Such section is further amended by
adding after subsection (c), as added by subsection (a) of
this section, the following new subsections:
``(d) Availability of Funds.--(1) Subject to paragraph (2)
and such limitations as may be enacted in appropriations Acts
and such regulations as the Secretary of Defense may
prescribe, amounts appropriated for the National Guard may be
used to cover--
``(A) the costs of conducting or participating in a
qualifying athletic competition or a small arms competition
under subsection (c); and
``(B) the expenses of members of the National Guard under
subsection (a)(3), including expenses of attendance and
participation fees, travel, per diem, clothing, equipment,
and related expenses.
[[Page H7046]]
``(2) Not more than $2,500,000 may be obligated or expended
in any fiscal year under subsection (c).
``(e) Qualifying Athletic Competition Defined.--In this
section, the term `qualifying athletic competition' means a
competition in athletic events that require skills relevant
to military duties or involve aspects of physical fitness
that are evaluated by the armed forces in determining whether
a member of the National Guard is fit for military duty.''.
(c) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Authorized
Activities.--'' after ``(a)''; and
(2) in subsection (b), by inserting ``Authorized
Locations.--'' after ``(b)''.
(d) Conforming and Clerical Amendments.--(1) Subsection (a)
of such section is amended--
(A) in paragraph (1), by inserting ``and'' after the
semicolon;
(B) in paragraph (2), by striking ``; or'' and inserting a
period; and
(C) by striking paragraph (3).
(2) The heading of such section is amended to read as
follows:
``Sec. 504. National Guard schools; small arms competitions;
athletic competitions''.
(3) The item relating to section 504 in the table of
sections at the beginning of chapter 5 of title 10, United
States Code, is amended to read as follows:
``504. National Guard schools; small arms competitions; athletic
competitions.''.
Subtitle C--Joint Specialty Officers and Joint Professional Military
Education
SEC. 521. NOMINATIONS FOR JOINT SPECIALTY.
Paragraph (2) of section 661(b) of title 10, United States
Code, is amended by striking ``The Secretaries'' and all that
follows through ``officers--'' and inserting ``Each officer
on the active-duty list on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2002 who
has not before that date been nominated for the joint
specialty by the Secretary of a military department, and each
officer who is placed on the active-duty list after such
date, who meets the requirements of subsection (c) shall
automatically be considered to have been nominated for the
joint specialty. From among those officers considered to be
nominated for the joint specialty, the Secretary may select
for the joint specialty only officers--''.
SEC. 522. JOINT DUTY CREDIT.
Paragraph (4) of section 664(i) of title 10, United States
Code, is amended--
(1) in subparagraph (E), by striking ``The'' and inserting
``Except as provided in subparagraph (F), the''; and
(2) by adding at the end the following new subparagraph:
``(F) Service in a temporary joint task force assignment
not involved in combat or combat-related operations may not
be credited for the purposes of joint duty, unless, and only
if--
``(i) the service of the officer and the nature of the
joint task force not only meet all criteria of this section,
except subparagraph (E), but also any additional criteria the
Secretary may establish;
``(ii) the Secretary has specifically approved the
operation conducted by the joint task force as one that
qualifies for joint service credit, and notifies Congress
upon each approval, providing the criteria that led to that
approval; and
``(iii) the operation is conducted by the joint task force
in an environment where an extremely fragile state of peace
and high potential for hostilities coexist.''.
SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN
CERTAIN JOINT TASK FORCES.
(a) Authority.--In accordance with section 664(i) of title
10, United States Code, as amended by section 522, the
Secretary of Defense may award joint service credit to any
officer who served on the staff of a United States joint task
force headquarters in an operation and during the period set
forth in subsection (b) and who meets the criteria specified
in such section. To determine which officers qualify for such
retroactive credit, the Secretary shall undertake a case-by-
case review of the records of officers.
(b) Eligible Operations.--Service in the following
operations, during the specified periods, may be counted for
credit under subsection (a):
(1) Operation Northern Watch, during the period beginning
on August 1, 1992, and ending on a date to be determined.
(2) Operation Southern Watch, during the period beginning
on August 27, 1992, and ending on a date to be determined.
(3) Operation Able Sentry, during the period beginning on
June 26, 1993, and ending on February 28, 1999.
(4) Operation Joint Endeavor, during the period beginning
on December 25, 1995, and ending on December 19, 1996.
(5) Operation Joint Guard, during the period beginning on
December 20, 1996, and ending on June 20, 1998.
(6) Operation Desert Thunder, beginning on January 24,
1998, and ending on December 15, 1998.
(7) Operation Joint Forge, beginning on June 20, 1998, and
ending on June 10, 1999.
(8) Operation Noble Anvil, beginning on March 24, 1999, and
ending on July 20, 1999.
(9) Operation Joint Guardian, beginning on June 11, 1999,
and ending on a date to be determined.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report of the numbers, by service, grade, and
operation, of the officers given joint service credit in
accordance with this section.
SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFICER
MANAGEMENT.
Section 667 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following new subparagraph:
``(B) The number of officers who meet the criteria for
selection for the joint specialty but were not selected,
together with the reasons why.'';
(2) by amending paragraph (2) to read as follows:
``(2) The number of officers with the joint specialty,
shown by grade and branch or specialty and by education.'';
(3) in paragraph (3)--
(A) in subparagraph (A) and (B), by striking ``nominated''
and inserting ``selected'';
(B) by inserting ``and'' at the end of subparagraph (D);
(C) by striking subparagraph (E); and
(D) by redesignating subparagraph (F) as subparagraph (E);
(4) in paragraph (4)(A), by striking ``nominated'' and
inserting ``selected'';
(5) in paragraph (14)--
(A) by inserting ``(A)'' after ``(14)''; and
(B) by adding at the end the following new subparagraph:
``(B) An assessment of the extent to which the Secretary of
each military department is assigning personnel to joint duty
assignments in accordance with this chapter and the policies,
procedures, and practices established by the Secretary of
Defense under section 661(a) of this title.''; and
(6) in paragraph (16), by striking ``section 664(i)'' in
the matter preceding subparagraph (A) and in subparagraph (B)
and inserting ``subparagraphs (E) and (F) of section
664(i)(4)''.
SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPECIALTY
BEFORE PROMOTION TO GENERAL OR FLAG OFFICER
GRADE.
(a) Requirement.--Subsection (a) of section 619a of title
10, United States Code, is amended by striking ``unless'' and
all that follows and inserting ``unless--
``(1) the officer has completed a full tour of duty in a
joint duty assignment (as described in section 664(f) of this
title); and
``(2) for appointments after September 30, 2007, the
officer has been selected for the joint specialty in
accordance with section 661 of this title.''.
(b) Waiver Authority.--Subsection (b) of that section is
amended by striking ``may waive subsection (a) in the
following circumstances:'' and inserting ``may waive
paragraph (1) or paragraph (2) of subsection (a), or both
paragraphs (1) and (2) of subsection (a), in the following
circumstances (except that paragraph (2) of subsection (a)
may not be waived by reason of paragraph (4)):''.
(c) Proposed Legislative Changes.--Not later than December
1, 2002, the Secretary of Defense shall submit to Congress a
draft proposal for such legislative changes as the Secretary
considers needed to implement the amendment made by
subsections (a) and (b).
SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MANAGEMENT AND
JOINT PROFESSIONAL MILITARY EDUCATION REFORMS.
(a) Study.--The Secretary of Defense shall provide for an
independent study of the joint officer management system and
the joint professional military education system. The
Secretary shall ensure that the entity conducting the study
is provided such information and support as required. The
Secretary shall include in the contract for the study a
requirement that the entity conducting the study submit a
report to Congress on the study not later than June 30, 2002.
(b) Matters To Be Included With Respect to Joint Officer
Management.--With respect to the joint officer management
system, the entity conducting the independent study shall
provide for the following:
(1) Assessment of implications for joint officer education,
development, and management that would result from proposed
joint organizational operational concepts (such as standing
joint task forces) and from emerging officer management and
personnel reforms (such as longer careers and more
stabilization), that are under consideration by the Secretary
of Defense.
(2) Assessment of the effectiveness of the current joint
officer management system to develop and use joint specialty
qualified officers in meeting both current and future
requirements for joint specialty officers.
(3) Recommendations, based on empirical and other data, to
improve the effectiveness of the joint officer management
system, especially with regard to the following:
(A) The proper mix and sequencing of education assignments
and experience assignments (to include, with respect to both
types of assignments, consideration of the type and quality,
and the length, of such assignments) to qualify an officer as
a joint specialty officer, as well as the implications of
adopting a variable joint duty tour length and the
advisability and implications of a system of qualifying
officers as joint specialty officers that uses multiple
shorter qualification tracks to selection as a joint
specialty officer than are now codified.
[[Page H7047]]
(B) The system of using joint specialty officers, including
the continued utility of such measures as--
(i) the required fill of positions on the joint duty
assignment list, as specified in paragraphs (1) and (4) of
section 661(d) of title 10, United States Code;
(ii) the fill by such officers of a required number of
critical billets, as prescribed by section 661(d)(2) of such
title;
(iii) the mandated fill by general and flag officers of a
minimum number of critical billets, as prescribed by section
661(d)(3) of such title; and
(iv) current promotion policy objectives for officers with
the joint specialty, officers serving on the Joint Staff, and
officers serving in joint duty assignment list positions, as
prescribed by section 662 of such title.
(C) Changes in policy and law required to provide officers
the required joint specialty qualification before promotion
to general or flag officer grade.
(D) A determination of the number of reserve component
officers who would be qualified for designation as a joint
specialty officer by reason of experience or education if the
standards of existing law, including waiver authorities, were
applied to them, and recommendations for a process for
qualifying and employing future reserve component officers as
joint specialty officers.
(c) Matters To Be Included With Respect to Joint
Professional Military Education.--With respect to the joint
professional military education system, the entity conducting
the independent study shall provide for the following:
(1) The number of officers who under the current system (A)
qualified as joint specialty officers by attending joint
professional military education programs before their first
joint duty assignment, (B) qualified as joint specialty
officers after arriving at their first joint duty assignment
but before completing that assignment, and (C) qualified as
joint specialty officers without any joint professional
military education.
(2) Recommended initiatives (include changes in officer
personnel management law, if necessary) to provide incentives
and otherwise facilitate attendance at joint professional
military education programs before an officer's first joint
duty assignment.
(3) Recommended goals for attendance at the Joint Forces
Staff College en route to a first joint duty assignment.
(4) An assessment of the continuing utility of statutory
requirements for use of officers following joint professional
military education, as prescribed by section 662(d) of title
10, United States Code.
(5) Determination of whether joint professional military
education programs should remain principally an in-resident,
multi-service experience and what role non-resident or
distributive learning can or should play in future joint
professional military education programs.
(6) Examination of options for the length of and increased
capacity at Joint Forces Staff College, and whether other in-
resident joint professional military education sources should
be opened, and if opened, how they might be properly
accredited and overseen to provide instruction at the level
of the program designated as ''joint professional military
education''.
(d) Chairman of Joint Chiefs of Staff.--With respect to the
roles of the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff, the entity conducting the independent
study shall--
(1) provide for an evaluation of the current roles of the
Secretary of Defense, the Chairman of the Joint Chiefs of
Staff, and joint staff in law, policy, and implementation
with regard to establishing and maintaining oversight of
joint officer management, career guidelines, and joint
professional military education; and
(2) make recommendations to improve and strengthen those
roles.
(e) Requirements for Study Entity.--In providing for the
independent study required by subsection (a), the Secretary
of Defense shall ensure that the entity conducting the
study--
(1) is not a Department of Defense organization; and
(2) shall, at a minimum, involve in the study, in an
integral way, the following persons:
(A) The Chairman of the Joint Chiefs of Staff and available
former Chairmen of the Joint Chiefs of Staff.
(B) Members and former members of the Joint Staff, the
Armed Forces, the Congress, and congressional staff who are
or who have been significantly involved in the development,
implementation, or modification of joint officer management
and joint professional military education.
(C) Experts in joint officer management and education from
civilian academic and research centers.
SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION.
(a) Executive Agent for Funding.--(1) Effective beginning
with fiscal year 2003, the Secretary of Defense shall be the
executive agent for funding professional development
education operations of all components of the National
Defense University, including the Joint Forces Staff College.
The Secretary may not delegate the Secretary's functions and
responsibilities under the preceding sentence to the
Secretary of a military department.
(2) Nothing in this subsection affects policies in effect
on the date of the enactment of this Act with respect to--
(A) the reporting of the President of the National Defense
University to the Chairman of the Joint Chiefs of Staff; or
(B) provision of logistical and base operations support for
components of the National Defense University by the military
departments.
(b) Preparation of Budget Requests.--Section 2162(b) of
title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) As executive agent for funding professional
development education at the National Defense University,
including the Joint Forces Staff College, the Secretary of
Defense, with the advice of the Chairman of the Joint Chiefs
of Staff, shall prepare the annual budget for professional
development education operations at the National Defense
University and set forth that request as a separate budget
request in the materials submitted to Congress in support of
the budget request for the Department of Defense. Nothing in
the preceding sentence affects policies in effect on the date
of the enactment of this paragraph with respect to budgeting
for the funding of logistical and base operations support for
components of the National Defense University through the
military departments.''.
(c) Funding Source.--(1) Section 2165 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(d) Source of Funds for Professional Development
Education Operations.--Funding for the professional
development education operations of the National Defense
University shall be provided from funds made available to the
Secretary of Defense from the annual appropriation `Operation
and Maintenance, Defense-wide'.''.
(2) Subsection (d) of section 2165 of title 10, United
States Code, as added by paragraph (1), shall become
effective beginning with fiscal year 2003.
SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY TO ENROLL
CERTAIN PRIVATE SECTOR CIVILIANS.
(a) In General.--(1) Chapter 108 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2167. National Defense University: admission of
private sector civilians to professional military education
program
``(a) Authority for Admission.--The Secretary of Defense
may permit eligible private sector employees who work in
organizations relevant to national security to receive
instruction at the National Defense University in accordance
with this section. No more than 10 full-time equivalent
private sector employees may be enrolled at any one time.
Upon successful completion of the course of instruction in
which enrolled, any such private sector employee may be
awarded an appropriate diploma or degree under section 2165
of this title.
``(b) Eligible Private Sector Employees.--For purposes of
this section, an eligible private sector employee is an
individual employed by a private firm that is engaged in
providing to the Department of Defense or other Government
departments or agencies significant and substantial defense-
related systems, products, or services or whose work product
is relevant to national security policy or strategy. A
private sector employee admitted for instruction at the
National Defense University remains eligible for such
instruction only so long as that person remains employed by
the same firm.
``(c) Annual Certification by Secretary of Defense.--
Private sector employees may receive instruction at the
National Defense University during any academic year only if,
before the start of that academic year, the Secretary of
Defense determines, and certifies to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives, that providing instruction to
private sector employees under this section during that year
will further national security interests of the United
States.
``(d) Program Requirements.--The Secretary of Defense shall
ensure that--
``(1) the curriculum for the professional military
education program in which private sector employees may be
enrolled under this section is not readily available through
other schools and concentrates on national security relevant
issues; and
``(2) the course offerings at the National Defense
University continue to be determined solely by the needs of
the Department of Defense.
``(e) Tuition.--The President of the National Defense
University shall charge students enrolled under this section
a rate--
``(1) that is at least the rate charged for employees of
the United States outside the Department of Defense, less
infrastructure costs, and
``(2) that considers the value to the school and course of
the private sector student.
``(f) Standards of Conduct.--While receiving instruction at
the National Defense University, students enrolled under this
section, to the extent practicable, are subject to the same
regulations governing academic performance, attendance, norms
of behavior, and enrollment as apply to Government civilian
employees receiving instruction at the university.
``(g) Use of Funds.--Amounts received by the National
Defense University for instruction of students enrolled under
this section shall be retained by the university to defray
[[Page H7048]]
the costs of such instruction. The source, and the
disposition, of such funds shall be specifically identified
in records of the university.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2167. National Defense University: admission of private sector
civilians to professional military education program.''.
(b) Effective Date.--Section 2167 of title 10, United
States Code, as added by subsection (a), shall take effect on
January 1, 2002.
SEC. 529. CONTINUATION OF RESERVE COMPONENT PROFESSIONAL
MILITARY EDUCATION TEST.
(a) Continuation of Concept Validation Test.--During fiscal
year 2002, the Secretary of Defense shall continue the
concept validation test of Reserve component joint
professional military education that was begun in fiscal year
2001 at the National Defense University.
(b) Pilot Program.--If the Secretary of Defense determines
that the results of the concept validation test referred to
in subsection (a) warrant conducting a pilot program of the
concept that was the subject of the test, the Secretary shall
conduct such a pilot program during fiscal year 2003.
(c) Funding.--The Secretary shall provide funds for the
concept validation test under subsection (a) and for any
pilot program under subsection (b) from funds appropriated to
the Secretary of Defense in addition those appropriated for
operations of the National Defense University.
Subtitle D--Military Education and Training
SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority To Confer Associate of Arts Degree.--Chapter
108 of title 10, United States Code, is amended by adding
after section 2167, as added by section 528(a)(1), the
following new section:
``Sec. 2168. Defense Language Institute Foreign Language
Center: degree of Associate of Arts in foreign language
``(a) Subject to subsection (b), the Commandant of the
Defense Language Institute may confer an Associate of Arts
degree in a foreign language upon any graduate of the Foreign
Language Center of the Institute who fulfills the
requirements for that degree.
``(b) A degree may be conferred upon a student under this
section only if the Provost of the Center certifies to the
Commandant that the student has satisfied all the
requirements prescribed for the degree.
``(c) The authority provided by subsection (a) shall be
exercised under regulations prescribed by the Secretary of
Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 2167, as added by section 528(a)(2), the
following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate of Arts in foreign language.''.
SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD
DEGREE OF MASTER OF STRATEGIC STUDIES.
(a) Marine Corps War College Degree.--Section 7102 of title
10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Marine Corps War College.--Upon the recommendation of
the Director and faculty of the Marine Corps War College of
the Marine Corps University, the President of the Marine
Corps University may confer the degree of master of strategic
studies upon graduates of the Marine Corps War College who
fulfill the requirements for that degree.''.
(b) Conforming Amendments.--(1) Subsection (a) of such
section is amended by striking ``upon graduates'' and all
that follows and inserting ``upon graduates of the Command
and Staff College who fulfill the requirements for that
degree.''.
(2) Subsection (c) of such section, as redesignated by
subsection (a)(1), is amended by striking ``subsection (a)''
and inserting ``subsections (a) and (b)''.
(3)(A) The heading of such section is amended to read as
follows:
``Sec. 7102. Marine Corps University: masters degrees; board
of advisors''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 609 of such title is
amended to read as follows:
``7102. Marine Corps University: masters degrees; board of advisors.''.
(c) Codification of Requirement for Board of Advisors.--(1)
Section 7102 of title 10, United States Code, as amended by
subsections (a) and (b), is further amended by adding at the
end the following new subsection:
``(d) Board of Advisors.--The Secretary of the Navy shall
establish a board of advisors for the Marine Corps
University. The Secretary shall ensure that the board is
established so as to meet all requirements of the appropriate
regional accrediting association.''.
(2) Section 912 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 7102
note) is repealed.
(d) Effective Date.--The authority to confer the degree of
master of strategic studies under section 7102(b) of title
10, United States Code (as added by subsection (a)) may not
be exercised until the Secretary of Education determines, and
certifies to the President of the Marine Corps University,
that the requirements established by the Marine Corps War
College of the Marine Corps University for that degree are in
accordance with generally applicable requirements for a
degree of master of arts. Upon receipt of such a
certification, the President of the University shall promptly
transmit a copy of the certification to the Committee on
Armed Services of the Senate and Committee on Armed Services
of the House of Representatives.
SEC. 533. INCREASE IN NUMBER OF FOREIGN STUDENTS AUTHORIZED
TO BE ADMITTED TO THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Subsection (a)(1)
of section 4344 of title 10, United States Code, is amended
by striking ``40 persons'' and inserting ``60 persons''.
(2) Subsection (b) of such section is amended--
(A) by inserting ``some or all'' in paragraph (2) after
``unless a written waiver of''; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not apply
with respect to any person who entered the United States
Military Academy to receive instruction under section 4344 of
title 10, United States Code, before the date of the
enactment of this Act.
(b) United States Naval Academy.--(1) Subsection (a)(1) of
section 6957 of title 10, United States Code, is amended by
striking ``40 persons'' and inserting ``60 persons''.
(2) Subsection (b) of such section is amended--
(A) by inserting ``some or all'' in paragraph (2) after
``unless a written waiver of''; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not apply
with respect to any person who entered the United States
Naval Academy to receive instruction under section 6957 of
title 10, United States Code, before the date of the
enactment of this Act.
(c) United States Air Force Academy.--(1) Subsection (a)(1)
of section 9344 of title 10, United States Code, is amended
by striking ``40 persons'' and inserting ``60 persons''.
(2) Subsection (b) of such section is amended--
(A) by inserting ``some or all'' in paragraph (2) after
``unless a written waiver of''; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not apply
with respect to any person who entered the United States Air
Force Academy to receive instruction under section 9344 of
title 10, United States Code, before the date of the
enactment of this Act.
SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT AS A CADET
OR MIDSHIPMAN IN SENIOR RESERVE OFFICER
TRAINING CORPS SCHOLARSHIP PROGRAMS.
(a) General ROTC Scholarship Program.--Section 2107(a) of
title 10, United States Code, is amended--
(1) by striking ``27 years of age on June 30'' and
inserting ``35 years of age on December 31''; and
(2) by striking ``, except that'' and all that follows
through ``on such date'' the second place it appears.
(b) Army Reserve and Army National Guard ROTC Scholarship
Program.--Section 2107a(a) of such title is amended--
(1) by striking ``27 years of age on June 30'' and
inserting ``35 years of age on December 31''; and
(2) by striking ``, except that'' and all that follows
through ``on such date'' the second place it appears.
SEC. 535. ACTIVE DUTY PARTICIPATION AS A CADET OR MIDSHIPMAN
IN SENIOR ROTC ADVANCED TRAINING.
(a) Senior Reserve Officer Training Corps.--Section
2104(b)(3) of title 10, United States Code, is amended by
striking ``a reserve component of'' ''.
(b) Basic Pay.--Section 209(c) of title 37, United States
Code, is amended by inserting ``unless the cadet or
midshipman is serving on active duty'' before the period at
the end.
SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGATION OF
CERTAIN ROTC CADETS IN MILITARY JUNIOR COLLEGES
RECEIVING FINANCIAL ASSISTANCE.
(a) Authority To Modify Agreements.--Subsection (b) of
section 2107a of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
and (6) as subparagraphs (A), (B), (C), (D), (E), and (F),
respectively;
(3) by designating the sentence following subparagraph (F),
as so redesignated, as paragraph (2); and
(4) by adding at the end the following new paragraph:
``(3) In the case of a cadet under this section at a
military junior college, the Secretary may, at any time and
with the consent of the cadet concerned, modify an agreement
described in paragraph (1)(F) submitted by the cadet to
reduce or eliminate the troop program unit service obligation
specified in the agreement and to establish, in lieu of that
obligation, an active duty service obligation. Such a
modification may be made only if the Secretary determines
that it is in the best interests of the United States to do
so.''.
(b) Retroactive Application.--The authority of the
Secretary of Defense under
[[Page H7049]]
section 2107a(b)(3) of title 10, United States Code, as added
by subsection (a), may be exercised with regard to any
agreement described in subsection (b)(1)(F) (including
agreements related to participation in the Advanced Course of
the Army Reserve Officers' Training Corps at a military
college or civilian institution) entered into during the
period beginning on January 1, 1991 and ending on July 12,
2000.
(c) Technical Amendment.--Subsection (h) of such section is
amended by striking ``military college'' in the second
sentence and inserting ``military junior college''.
SEC. 537. MODIFICATION OF NURSE OFFICER CANDIDATE ACCESSION
PROGRAM RESTRICTION ON STUDENTS ATTENDING
EDUCATIONAL INSTITUTIONS WITH SENIOR RESERVE
OFFICERS' TRAINING PROGRAMS.
Section 2130a of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``that does not have
a Senior Reserve Officers' Training Program established under
section 2102 of this title''; and
(2) in subsection (b)(1), by inserting before the semicolon
at the end ``or that has a Senior Reserve Officers' Training
Program for which the student is ineligible''.
SEC. 538. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS (JROTC) UNITS.
Section 2031(a)(1) of title 10, United States Code, is
amended by striking the second sentence.
SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM
EXPANSION.
(a) Purpose of Program.--Subsection (a) of section 16201 of
title 10, United States Code, is amended--
(1) by striking ``specialties critically needed in
wartime'';
(2) by striking ``training in such specialties'' and
inserting ``training that leads to a degree in medicine or
dentistry or training in a health professions specialty that
is critically needed in wartime''; and
(3) by striking ``training in certain health care
specialties'' and inserting ``health care education and
training''.
(b) Medical and Dental Student Stipend.--Such section is
further amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Medical and Dental School Students.--(1) Under the
stipend program under this chapter, the Secretary of the
military department concerned may enter into an agreement
with a person who--
``(A) is eligible to be appointed as an officer in a
reserve component;
``(B) is enrolled or has been accepted for enrollment in an
institution in a course of study that results in a degree in
medicine or dentistry;
``(C) signs an agreement that, unless sooner separated, the
person will--
``(i) complete the educational phase of the program;
``(ii) accept a reappointment or redesignation within the
person's reserve component, if tendered, based upon the
person's health profession, following satisfactory completion
of the educational and intern programs; and
``(iii) participate in a residency program; and
``(D) if required by regulations prescribed by the
Secretary of Defense, agrees to apply for, if eligible, and
accept, if offered, residency training in a health profession
skill which has been designated by the Secretary of Defense
as a critically needed wartime skill.
``(2) Under the agreement--
``(A) the Secretary of the military department concerned
shall agree to pay the participant a stipend, in the amount
determined under subsection (f), for the period or the
remainder of the period the student is satisfactorily
progressing toward a degree in medicine or dentistry while
enrolled in an accredited medical or dental school;
``(B) the participant shall not be eligible to receive such
stipend before appointment, designation, or assignment as an
officer for service in the Ready Reserve;
``(C) the participant shall be subject to such active duty
requirements as may be specified in the agreement and to
active duty in time of war or national emergency as provided
by law for members of the Ready Reserve; and
``(D) the participant shall agree to serve, upon successful
completion of the program, one year in the Selected Reserve
for each six months, or part thereof, for which the stipend
is provided. In the case of a participant who enters into a
subsequent agreement under subsection (c) and successfully
completes residency training in a specialty designated by the
Secretary of Defense as a specialty critically needed by the
military department in wartime, the requirement to serve in
the Selected Reserve may be reduced to one year for each
year, or part thereof, for which the stipend was provided
while enrolled in medical or dental school.''.
(c) Wartime Critical Skills.--Subsection (c) of such
section (as redesignated by subsection (b)(1)) is amended--
(1) by inserting ``Wartime'' after ``Critical'' in the
heading; and
(2) by inserting ``or has been appointed as a medical or
dental officer in the Reserve of the armed force concerned''
in paragraph (1)(B) before the semicolon at the end.
(d) Service Obligation Requirement.--Paragraph (2)(D) of
subsection (c) of such section (as redesignated by subsection
(b)(1)) and paragraph (2)(D) of subsection (d) of such
section (as so redesignated) are amended by striking ``two
years in the Ready Reserve for each year,'' and inserting
``one year in the Ready Reserve for each six months,''.
(e) Cross-Reference.--Paragraph (2)(A) of subsection (c) of
such section (as redesignated by subsection (b)(1)) and
paragraph (2)(A) of subsection (d) of such section (as so
redesignated) are amended by striking ``subsection (e)'' and
inserting ``subsection (f)''.
SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS OF
CADETS, UNITED STATES MILITARY ACADEMY.
(a) Authority.--The second sentence of section 4337 of
title 10, United States Code, is amended to read as follows:
``Notwithstanding any other provision of law, the chaplain is
entitled to the same basic allowance for housing allowed to a
lieutenant colonel, and to fuel and light for quarters in
kind.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act.
Subtitle E--Decorations, Awards, and Commendations
SEC. 541. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO
HUMBERT R. VERSACE FOR VALOR DURING THE VIETNAM
WAR.
(a) Waiver of Time Limitation.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the
military service, the President may award the Medal of Honor
under section 3741 of that title to Humbert R. Versace for
the acts of valor referred to in subsection (b).
(b) Action Described.--The acts of valor referred to in
subsection (a) are the actions of Humbert R. Versace between
October 29, 1963, and September 26, 1965, while interned as a
prisoner-of-war by the Vietnamese Communist National
Liberation Front (Viet Cong) in the Republic of Vietnam.
SEC. 542. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN
JEWISH AMERICAN AND HISPANIC AMERICAN WAR
VETERANS.
(a) Review Required.--The Secretary of each military
department shall review the service records of each Jewish
American war veteran or Hispanic American war veteran
described in subsection (b) to determine whether that veteran
should be awarded the Medal of Honor.
(b) Covered Jewish American War Veterans and Hispanic
American War Veterans.--The Jewish American war veterans and
Hispanic American war veterans whose service records are to
be reviewed under subsection (a) are the following:
(1) Any Jewish American war veteran or Hispanic American
war veteran who was awarded the Distinguished Service Cross,
the Navy Cross, or the Air Force Cross before the date of the
enactment of this Act.
(2) Any other Jewish American war veteran or Hispanic
American war veteran whose name is submitted to the Secretary
concerned for such purpose before the end of the one-year
period beginning on the date of the enactment of this Act.
(c) Consultations.--In carrying out the review under
subsection (a), the Secretary of each military department
shall consult with the Jewish War Veterans of the United
States of America and with such other veterans service
organizations as the Secretary considers appropriate.
(d) Recommendation Based on Review.--If the Secretary
concerned determines, based upon the review under subsection
(a) of the service records of any Jewish American war veteran
or Hispanic American war veteran, that the award of the Medal
of Honor to that veteran is warranted, the Secretary shall
submit to the President a recommendation that the President
award the Medal of Honor to that veteran.
(e) Authority To Award Medal of Honor.--A Medal of Honor
may be awarded to a Jewish American war veteran or Hispanic
American war veteran in accordance with a recommendation of
the Secretary concerned under subsection (a).
(f) Waiver of Time Limitations.--An award of the Medal of
Honor may be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished Service Cross, Navy Cross, or Air Force
Cross has been awarded.
(g) Definition.--For purposes of this section, the term
``Jewish American war veteran'' means any person who served
in the Armed Forces during World War II or a later period of
war and who identified himself or herself as Jewish on his or
her military personnel records.
SEC. 543. AUTHORITY TO ISSUE DUPLICATE MEDAL OF HONOR.
(a) Army.--(1) Chapter 357 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 3754. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal
[[Page H7050]]
of honor with ribbons and appurtenances. Such duplicate medal
of honor shall be marked, in such manner as the Secretary of
the Army may determine, as a duplicate or for display
purposes only.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``3754. Medal of honor: duplicate medal.''.
(b) Navy.--(1) Chapter 567 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 6256. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal of honor with ribbons and appurtenances. Such
duplicate medal of honor shall be marked, in such manner as
the Secretary of the Navy may determine, as a duplicate or
for display purposes only.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``6256. Medal of honor: duplicate medal.''.
(c) Air Force.--(1) Chapter 857 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8754. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal of honor with ribbons and appurtenances. Such
duplicate medal of honor shall be marked, in such manner as
the Secretary of the Air Force may determine, as a duplicate
or for display purposes only.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``8754. Medal of honor: duplicate medal.''.
(d) Coast Guard.--(1) Chapter 13 of title 14, United States
Code, is amended by inserting after section 503 the following
new section:
``Sec. 504. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal of honor with ribbons and appurtenances. Such
duplicate medal of honor shall be marked, in such manner as
the Secretary may determine, as a duplicate or for display
purposes only.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
503 the following new item:
``504. Medal of honor: duplicate medal.''.
(e) Definition of Medal of Honor for Purposes of Federal
Unauthorized-Use Crime.--Section 704(b)(2)(B) of title 18,
United States Code, is amended to read as follows:
``(B) As used in this subsection, `Congressional Medal of
Honor' means--
``(i) a medal of honor awarded under section 3741, 6241, or
8741 of title 10 or section 491 of title 14;
``(ii) a duplicate medal of honor issued under section
3754, 6256, or 8754 of title 10 or section 504 of title 14;
or
``(iii) a replacement of a medal of honor provided under
section 3747, 6253, or 8747 of title 10 or section 501 of
title 14.''.
SEC. 544. AUTHORITY TO REPLACE STOLEN MILITARY DECORATIONS.
(a) Army, Navy, and Air Force.--Sections 3747, 6253, and
8747 of title 10, United States Code, are each amended by
striking ``lost or destroyed'' and inserting ``stolen, lost,
or destroyed''.
(b) Coast Guard.--Section 501 of title 14, United States
Code, is amended by inserting ``stolen,'' before ``lost,''.
SEC. 545. WAIVER OF TIME LIMITATIONS FOR AWARD OF NAVY
DISTINGUISHED FLYING CROSS 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 Flying Cross.--Subsection (a) applies to
the award of the Distinguished Flying Cross for service
during World War II or Korea (including multiple awards to
the same individual) in the case of each individual
concerning whom the Secretary of the Navy (or an officer of
the Navy acting on behalf of the Secretary) submitted to the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate, during the
period beginning on October 31, 2000, and ending on the day
before the date of the enactment of this Act, a notice as
provided in section 1130(b) of title 10, United States Code,
that the award of the Distinguished Flying Cross to that
individual is warranted and that a waiver of time
restrictions prescribed by law for recommendation for such
award is recommended.
SEC. 546. KOREA DEFENSE SERVICE MEDAL.
(a) Army.--(1) Chapter 357 of title 10, United States Code,
as amended by section 543(a)(1), is further 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,
as amended by section 543(a)(2), is further amended by adding
at the end the following new item:
``3755. Korea Defense Service Medal.''.
(b) Navy and Marine Corps.--(1) Chapter 567 of title 10,
United States Code, as amended by section 543(b)(1), is
further 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,
as amended by section 543(b)(2), is further amended by adding
at the end the following new item:
``6257. Korea Defense Service Medal.''.
(c) Air Force.--(1) Chapter 857 of title 10, United States
Code, as amended by section 543(c)(1), is further 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,
as amended by section 543(c)(2), is further amended by adding
at the end the following new item:
``8755. Korea Defense Service Medal.''.
(d) 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.
SEC. 547. COLD WAR SERVICE MEDAL.
(a) Authority.--Chapter 57 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1134. Cold War service medal
``(a) Medal Authorized.--The Secretary concerned shall,
upon application, issue the Cold War service medal to a
person eligible to receive that medal. The Cold War service
medal shall be of an appropriate design approved by the
Secretary of Defense, with ribbons, lapel pins, and other
appurtenances.
``(b) Eligibility.--(1) A person is eligible to receive the
Cold War service medal if the person--
``(A) served on active duty during the Cold War;
``(B) has not been released from active duty with a
characterization of service less favorable than honorable and
has not received a discharge less favorable than an honorable
discharge; and
``(C) except as provided under paragraph (3), meets the
service requirements of paragraph (2).
``(2) The service requirements of this paragraph are--
[[Page H7051]]
``(A) in the case of a person who served on active duty
during the Cold War as an enlisted member, that the person
have completed that person's initial term of enlistment and
after the end of that initial term of enlistment have
reenlisted for an additional term of enlistment or have been
appointed as an officer; and
``(B) in the case of a person who served on active duty
during the Cold War as an officer, that the person have
completed that person's initial service obligation as an
officer and have served in the armed forces after completing
that initial service obligation.
``(3) The Secretary concerned, under regulations prescribed
under this section, may waive the service requirements of
paragraph (2)--
``(A) in the case of any person discharged or released from
active duty for a disability incurred or aggravated in line
of duty;
``(B) in the case of any person discharged for hardship
under section 1173 of this title; and
``(C) under any other circumstance for which the Secretary
determines that such a waiver is warranted.
``(c) One Award Authorized.--Not more than one Cold War
service medal may be issued to any person.
``(d) Issuance to Representative of Deceased.--If a person
who is eligible for the Cold War service medal dies before
being issued that medal, the medal may, upon application, be
issued to the person's representative, as designated by the
Secretary concerned.
``(e) Replacement.--Under regulations prescribed by the
Secretary concerned, a Cold War service medal that is lost,
destroyed, or rendered unfit for use without fault or neglect
on the part of the person to whom it was issued may be
replaced without charge.
``(f) Uniform Regulations.--The Secretary of Defense shall
ensure that regulations prescribed by the Secretaries of the
military departments under this section are uniform so far as
is practicable.
``(g) Cold War Defined.--In this section, the term `Cold
War' means the period beginning on September 2, 1945, and
ending at the end of December 26, 1991.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1134. Cold War service medal.''.
SEC. 548. OPTION TO CONVERT AWARD OF ARMED FORCES
EXPEDITIONARY MEDAL AWARDED FOR OPERATION
FREQUENT WIND TO VIETNAM SERVICE MEDAL.
(a) In General.--The Secretary of the military department
concerned shall, upon the application of an individual who is
an eligible Vietnam evacuation veteran, award that individual
the Vietnam Service Medal, notwithstanding any otherwise
applicable requirements for the award of that medal. Any such
award shall be made in lieu of the Armed Forces Expeditionary
Medal awarded the individual for participation in Operation
Frequent Wind.
(b) Eligible Vietnam Evacuation Veteran.--For purposes of
this section, the term ``eligible Vietnam evacuation
veteran'' means a member or former member of the Armed Forces
who was awarded the Armed Forces Expeditionary Medal for
participation in military operations designated as Operation
Frequent Wind arising from the evacuation of Vietnam on April
29 and 30, 1975.
SEC. 549. SENSE OF CONGRESS ON NEW MEDAL TO RECOGNIZE
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE
KILLED OR WOUNDED AS A RESULT OF HOSTILE
ACTION.
(a) Findings.--Congress makes the following findings:
(1) The role and importance of civilian nationals of the
United States as Federal employees and contractors in support
of operations of the Armed Forces worldwide has continued to
expand.
(2) The expanded role performed by those civilians, both in
the United States and overseas, has greatly increased the
risk to those civilians of injury and death from hostile
actions taken against United States Armed Forces, as
demonstrated by the terrorist attack on the Pentagon on
September 11, 2001, in which scores of Department of Defense
civilian and contractor personnel were killed or wounded.
(3) No decoration exists for the recognition of civilian
nationals of the United States who, while serving under
competent authority in any capacity with the Armed Forces,
are killed or wounded in the line of duty under circumstances
which, if they were members of the Armed Forces, would
qualify them for the award of the Purple Heart.
(4) Both the Congress and the Secretary of Defense have
previously agreed to the need for such a decoration.
(5) On September 20, 2001, the Deputy Secretary of Defense
approved the creation of a new award, a medal for the defense
of freedom, to be awarded to civilians employed by the
Department of Defense who are killed or wounded as a result
of hostile action and at the same time directed that a
comprehensive review be conducted to develop a more uniform
approach to the award of decorations to military and civilian
personnel of the Department of Defense.
(b) Commendation of Creation of New Award.--Congress
commends the decision announced by the Deputy Secretary of
Defense on September 20, 2001, to approve the creation of a
new award, a medal for the defense of freedom, to be awarded
to civilians employed by the Department of Defense who are
killed or wounded as a result of hostile action.
(c) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense--
(1) should move expeditiously to produce and award the new
medal referred to in subsection (b); and
(2) should develop a more comprehensive, uniform policy for
the award of decorations to military and civilian personnel
of the Department of Defense.
Subtitle F--Matters Relating to Voting
SEC. 551. VOTING ASSESSMENTS AND ASSISTANCE FOR MEMBERS OF
THE UNIFORMED SERVICES.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1566. Voting assistance: compliance assessments and
assistance
``(a) Inspector General Assessments.--(1) The Department of
Defense Inspector General shall each calendar year conduct a
random and unannounced assessment at a minimum of 15
Department of Defense installations of the compliance at
those installations with--
``(A) the requirements of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
``(B) Department of Defense regulations regarding that Act
and the Federal Voting Assistance Program carried out under
that Act; and
``(C) other requirements of law regarding voting by members
of the armed forces.
``(2) Each assessment under paragraph (1) shall include a
review of such compliance--
``(A) within units to which are assigned, in the aggregate,
not less than 20 percent of the personnel assigned to duty at
that installation;
``(B) within a representative survey of members of the
armed forces assigned to that installation and their
dependents; and
``(C) within unit voting assistance officers to measure
program effectiveness.
``(b) Regular Military Department Assessments.--The
Secretary of each military department shall include in the
set of issues and programs to be reviewed during any
management effectiveness review or inspection an assessment
of compliance with the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) and with
Department of Defense regulations regarding the Federal
Voting Assistance Program.
``(c) Voting Assistance Officers.--Voting assistance
officers appointed or assigned under Department of Defense
regulations regarding the Federal Voting Assistance Program
shall be appointed or assigned with the expectation of
serving in that capacity for a minimum of 30 months. A member
of the armed forces assigned to such a position may not be
assigned other duties that would not be considered part of
the member's primary military duties, except when a unit
commander determines that insufficient personnel are
available to fulfill all additional duty requirements.
Performance evaluation reports pertaining to a member who has
been assigned to serve as a voting assistance officer shall
comment on the performance of the member as a voting
assistance officer.
``(d) Delivery of Mail From Overseas Preceding Federal
Elections.--(1) During the four months preceding a general
Federal election month, the Secretary of Defense shall
periodically conduct surveys of all overseas locations and
vessels at sea with military units responsible for collecting
mail for return shipment to the United States and all port
facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations
or to the United States. The purpose of each survey shall be
to determine if voting materials are awaiting shipment at any
such location and, if so, the length of time that such
materials have been held at that location. During the fourth
and third months before a general Federal election month,
such surveys shall be conducted biweekly. During the second
and first months before a general Federal election month,
such surveys shall be conducted weekly.
``(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at
all times.
``(3) In this section, the term `general Federal election
month' means November in an even-numbered year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1566. Voting assistance: compliance assessments and assistance.''.
SEC. 552. ELECTRONIC VOTING DEMONSTRATION PROJECT.
(a) Demonstration Project.--The Secretary of Defense shall
carry out a demonstration project to examine voting in
Federal elections by absent uniformed services voters through
a long-distance electronic voting system. The demonstration
project shall be carried out for voting in the regularly
scheduled general election for Federal office in November
2002. Under the demonstration project, absent uniformed
services voters participating in the project shall be
provided a means, with the cooperation and assistance of
State election officials of States that agree to participate
in the project, to cast their ballots in that election
through a long-distance electronic voting method.
(b) Scope of Project.--The Secretary shall determine the
scope of the demonstration project under this section,
including the
[[Page H7052]]
absent uniformed services voters authorized to participate in
the project. The project shall be carried out with
participation of sufficient numbers of absent uniformed
services voters so that the results are statistically
relevant.
(c) Coordination With State Election Officials.--The
Secretary shall carry out the demonstration project under
this section through cooperative agreements with State
election officials of States that agree to participate in the
project.
(d) Report to Congress.--Not later than June 1, 2003, the
Secretary shall submit to Congress a report analyzing the
demonstration project conducted under this section. The
Secretary shall include in the report any recommendations the
Secretary considers appropriate for continuing the project on
an expanded basis during the next regularly scheduled general
election for Federal office.
(e) Absent Uniformed Services Voter Defined.--In this
section, the term ``absent uniformed services voter'' has the
meaning given that term in section 107(1) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
6(1)).
(f) State Defined.--In this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, and American Samoa.
Subtitle G--Matters Relating to Military Spouses and Family Members
SEC. 561. IMPROVED FINANCIAL AND OTHER ASSISTANCE TO MILITARY
SPOUSES FOR JOB TRAINING AND EDUCATION.
(a) Examination of Existing Employment Assistance
Programs.--(1) The Secretary of Defense shall examine
existing Department of Defense and other Federal, State, and
nongovernmental programs with the objective of improving
retention of military personnel by increasing the
employability of military spouses and assisting those spouses
in gaining access to financial and other assistance for job
training and education.
(2) In conducting the examination, the Secretary shall give
priority to facilitating and increasing access of military
spouses to existing Department of Defense, Federal, State,
and nongovernmental sources for the types of financial
assistance set forth in paragraph (3), but shall also
specifically assess whether the Department of Defense should
begin a program for direct financial assistance to military
spouses for some or all of those types of assistance and
whether such a program of direct financial assistance would
enhance retention.
(3) In conducting the examination pursuant to paragraph
(1), the Secretary should focus on financial assistance for
military spouses for one or more of the following purposes:
(A) Career-related education.
(B) Certification and license fees for employment-related
purposes.
(C) Apprenticeships and internships.
(D) Technical training.
(E) Training to improve job skills.
(F) Career counseling.
(G) Skills assessment.
(H) Job-search skills.
(I) Job-related transportation.
(J) Child care.
(K) Any additional employment-related purpose specified by
the Secretary for the purposes of the examination under
paragraph (1).
(4) Not later than March 30, 2002, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the results of the examination
under paragraph (1).
(b) Review of Department of Defense Policies.--(1) The
Secretary of Defense shall review Department of Defense
policies that affect employment and education opportunities
for military spouses in the Department of Defense in order to
further expand those opportunities. The review shall include
the consideration of providing, to the extent authorized by
law, separate spouse preferences for employment by
appropriated and nonappropriated fund operations.
(2) Not later than March 30, 2002, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the results of the review under
paragraph (1).
(c) Spouse Employment Assistance.--Section 1784 of title
10, United States Code, is amended by adding at the end the
following new subsections:
``(d) Space-Available Use of Facilities for Spouse Training
Purposes.--Under regulations prescribed by the Secretary of
Defense, the Secretary of a military department may make
available to a non-Department of Defense entity space in non-
excess facilities controlled by that Secretary for the
purpose of the non-Department of Defense entity providing
employment-related training for military spouses.
``(e) Employment by Other Federal Agencies.--The Secretary
of Defense shall work with the Director of the Office of
Personnel Management and the heads of other Federal
departments and agencies to expand and facilitate the use of
existing Federal programs and resources in support of
military spouse employment.
``(f) Private-Sector Employment.--The Secretary of
Defense--
``(1) shall seek to develop partnerships with firms in the
private sector to enhance employment opportunities for
spouses of members of the armed forces and to provide for
improved job portability for such spouses, especially in the
case of the spouse of a member of the armed forces
accompanying the member to a new geographical area because of
a change of permanent duty station of the member; and
``(2) shall work with the United States Chamber of Commerce
and other appropriate private-sector entities to facilitate
the formation of such partnerships.
``(g) Employment With DOD Contractors.--The Secretary of
Defense shall examine and seek ways for incorporating hiring
preferences for qualified spouses of members of the armed
forces into contracts between the Department of Defense and
private-sector entities.''.
SEC. 562. AUTHORITY TO CONDUCT SURVEYS OF DEPENDENTS AND
SURVIVORS OF MILITARY RETIREES.
(a) Extension of Survey Authority.--Subsection (a) of
section 1782 of title 10, United States Code, is amended to
read as follows:
``(a) Authority.--The Secretary of Defense, in order to
determine the effectiveness of Federal programs relating to
military families and the need for new programs, may conduct
surveys of--
``(1) members of the armed forces who are on active duty,
in an active status, or retired;
``(2) family members of such members; and
``(3) survivors of retired members.''.
(b) Conforming Amendment.--Subsection (c) of such section
is amended by striking ``family members'' and all that
follows through ``armed forces'' the second place it appears
and inserting ``persons covered by subsection (a)''.
SEC. 563. CLARIFICATION OF TREATMENT OF CLASSIFIED
INFORMATION CONCERNING PERSONS IN A MISSING
STATUS.
Section 1506(b)(2) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking the period at the end and inserting ``of
all missing persons from the conflict or period of war to
which the classified information pertains.''; and
(3) by adding at the end the following new subparagraph:
``(B) For purposes of subparagraph (A), information shall
be considered to be made reasonably available if placed in a
separate and distinct file that is available for review by
persons specified in subparagraph (A) upon the request of any
such person either to review the separate file or to review
the personnel file of the missing person concerned.''.
SEC. 564. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN OF
PERSONS UNACCOUNTED FOR FROM CONFLICTS AFTER
WORLD WAR II.
(a) In General.--(1) Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2647. Transportation to annual meeting of next-of-kin
of persons unaccounted for from conflicts after World War
II
``The Secretary of Defense may provide transportation for
the next-of-kin of persons who are unaccounted for from the
Korean conflict, the Cold War, Vietnam War era, or the
Persian Gulf War to and from an annual meeting in the United
States. Such transportation shall be provided under such
regulations as the Secretary of Defense may prescribe.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2647. Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II.''.
(b) Effective Date.--Section 2647 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2001, or the date of the enactment of this Act,
whichever is later.
SEC. 565. AMENDMENTS TO CHARTER OF DEFENSE TASK FORCE ON
DOMESTIC VIOLENCE.
(a) Members Appointed From Private Sector.--Subsection
(h)(1) of section 591 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 639;
10 U.S.C. 1562 note) is amended--
(1) by inserting ``who is a member of the Armed Forces or
civilian officer or employee of the United States'' after
``Each member of the task force'';
(2) by striking ``, but shall'' and all that follows and
inserting a period; and
(3) by adding at the end the following new sentence:
``Other members of the task force shall be appointed in
accordance with, and subject to, section 3161 of title 5,
United States Code.''.
(b) Extension of Termination Date.--Subsection (j) of such
section is amended by striking ``three years after the date
of the enactment of this Act'' and inserting ``on April 24,
2003''.
Subtitle H--Military Justice and Legal Matters
SEC. 571. REQUIREMENT THAT COURTS-MARTIAL CONSIST OF NOT LESS
THAN 12 MEMBERS IN CAPITAL CASES.
(a) Classification of General Court-Martial in Capital
Cases.--Section 816(1)(A) of title 10, United States Code
(article 16(1)(A) of the Uniform Code of Military Justice) is
amended by inserting after ``five
[[Page H7053]]
members'' the following: ``or, in a case in which the accused
may be sentenced to a penalty of death, the number of members
determined under section 825a of this title (article 25a)''.
(b) Number of Members Required.--(1) Chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after section 825 (article
25) the following new section:
``Sec. 825a. Art. 25a. Number of members in capital cases
``In a case in which the accused may be sentenced to a
penalty of death, the number of members shall be not less
than 12, unless 12 members are not reasonably available
because of physical conditions or military exigencies, in
which case the convening authority shall specify a lesser
number of members not less than five, and the court may be
assembled and the trial held with not less than the number of
members so specified. In such a case, the convening authority
shall make a detailed written statement, to be appended to
the record, stating why a greater number of members were not
reasonably available.''.
(2) The table of sections at the beginning of subchapter V
of such chapter is amended by inserting after the item
relating to section 825 (article 25) the following new item:
``825a. 25a. Number of members in capital cases.''.
(c) Absent and Additional Members.--Section 829(b) of such
title (article 29 of the Uniform Code of Military Justice) is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking ``five members'' both places it appears and
inserting ``the applicable minimum number of members''; and
(3) by adding at the end the following new paragraph:
``(2) In this section, the term `applicable minimum number
of members' means five members or, in a case in which the
death penalty may be adjudged, the number of members
determined under section 825a of this title (article 25a).''.
(d) Applicability.--The amendments made by this section
shall apply with respect to offenses committed after the date
of the enactment of this Act.
SEC. 572. RIGHT OF CONVICTED ACCUSED TO REQUEST SENTENCING BY
MILITARY JUDGE.
(a) Sentencing by Judge.--(1) Chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 852 (article 52) the
following new section:
``Sec. 852a. Art. 52a. Right of accused to request sentencing
by military judge rather than by members
``(a) In the case of an accused convicted of an offense by
a court-martial composed of a military judge and members, the
sentence shall be tried before and adjudged by the military
judge rather than the members if, after the findings are
announced and before evidence in the sentencing proceeding is
introduced, the accused, knowing the identity of the military
judge and after consultation with defense counsel, requests
orally on the record or in writing that the sentence be tried
before and adjudged by the military judge rather than the
members.
``(b) This section shall not apply with respect to an
offense for which the death penalty may be adjudged unless
the case has been previously referred to trial as a
noncapital case.''.
(2) The table of sections at the beginning of subchapter
VII of such chapter is amended by inserting after the item
relating to section 852 (article 52) the following new item:
``852a. 52a. Right of accused to request sentencing by military judge
rather than by members.''.
(b) Effective Date.--Section 852a of title 10, United
States Code (article 52a of the Uniform Code of Military
Justice), as added by subsection (a), shall apply with
respect to offenses committed after the date of the enactment
of this Act.
SEC. 573. CODIFICATION OF REQUIREMENT FOR REGULATIONS FOR
DELIVERY OF MILITARY PERSONNEL TO CIVIL
AUTHORITIES WHEN CHARGED WITH CERTAIN OFFENSES
(a) Codification of Existing Provisions.--Section 814 of
title 10, United States Code (article 14 of the Uniform Code
of Military Justice), is amended by adding at the end the
following new subsection:
``(c) The Secretary of Defense shall ensure that the
Secretaries of the military departments prescribe regulations
under subsection (a) and that those regulations are uniform
throughout the armed forces under the jurisdiction of the
Secretary of Defense. Those regulations shall--
``(1) specifically provide for the delivery to the
appropriate civil authority for trial, in any appropriate
case, of a member accused by civil authority of parental
kidnapping or a similar offense, including criminal contempt
arising from any such offense or from child custody matters;
and
``(2) specifically address the special needs for the
exercise of the authority contained in this section (article)
in a case in which a member of the armed forces assigned
overseas is accused of an offense by civil authority.''.
(b) Repeal of Codified Provisions.--Section 721 of the
National Defense Authorization Act, Fiscal Year 1989 (Public
Law 100-456; 10 U.S.C. 814 note), is repealed.
SEC. 574. AUTHORITY TO ACCEPT VOLUNTARY LEGAL SERVICES FOR
MEMBERS OF THE ARMED FORCES.
(a) Authority.--Subsection (a) of section 1588 of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(5) Voluntary legal assistance services under section
1044 of this title.''.
(b) Applicable Federal Laws.--Subsection (d)(1) of such
section is amended by adding at the end the following new
subparagraph:
``(E) Section 1054 of this title (relating to defense of
certain suits arising out of legal malpractice), in the case
of persons providing voluntary legal assistance services
under subsection (a)(5).''.
Subtitle I--Other Matters
SEC. 581. SHIPMENT OF PRIVATELY OWNED VEHICLES WHEN MAKING
PERMANENT CHANGE OF STATION MOVES WITHIN UNITED
STATES.
Section 2634(h)(1) of title 10, United States Code, is
amended by inserting ``or when the Secretary concerned
determines that the transport of a vehicle upon such a
transfer is advantageous and cost-effective to the United
States'' before the period at the end.
SEC. 582. PAYMENT OF VEHICLE STORAGE COSTS IN ADVANCE.
Section 2634(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) Storage costs payable under this subsection may be
paid in advance.''.
SEC. 583. PERMANENT AUTHORITY FOR USE OF MILITARY RECRUITING
FUNDS FOR CERTAIN EXPENSES AT DEPARTMENT OF
DEFENSE RECRUITING FUNCTIONS.
(a) Repeal of Termination Provision.--Section 520c of title
10, United States Code, is amended by striking subsection
(c).
(b) Technical Amendments.--Subsection (a) of such section
is amended--
(1) in paragraph (4), by striking ``recruiting events'' and
inserting ``recruiting functions''; and
(2) in paragraph (5), by striking ``recruiting efforts''
the first place it appears and inserting ``recruiting
functions''.
SEC. 584. CLARIFICATION OF MILITARY RECRUITER ACCESS TO
SECONDARY SCHOOL DIRECTORY INFORMATION ABOUT
STUDENTS.
(a) Access to Directory Information.--Section 503(c)(1) of
title 10, United States Code, is amended by striking
``purposes,'' and all that follows and inserting the
following: ``purposes--
``(A) the same access to secondary school students as is
provided generally to post-secondary educational institutions
or to prospective employers of those students; and
``(B) the same access to directory information concerning
those students as is provided to a post-secondary educational
institution upon an indication by a secondary school student
that the student seeks to enroll or intends to enroll at that
institution.''.
(b) Enhanced Recruiter Access.--Section 503(c)(5) of such
title is amended by striking ``do not apply to--'' and all
that follows through ``(B)'' and inserting ``do not apply
to''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on July 1, 2002, immediately after
the amendment to section 503(c) of title 10, United States
Code, made, effective that date, by section 563(a) of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-131).
SEC. 585. REPEAL OF REQUIREMENT FOR FINAL COMPTROLLER GENERAL
REPORT RELATING TO ARMY END STRENGTH
ALLOCATIONS.
Section 552 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 319; 10
U.S.C. 115 note) is repealed.
SEC. 586. POSTHUMOUS ARMY COMMISSION IN THE GRADE OF CAPTAIN
IN THE CHAPLAINS CORPS TO ELLA E. GIBSON FOR
SERVICE AS CHAPLAIN OF THE FIRST WISCONSIN
HEAVY ARTILLERY REGIMENT DURING THE CIVIL WAR.
The President is authorized and requested to posthumously
appoint Ella E. Gibson to the grade of captain in the
Chaplains Corps of the Army, the commission to issue as of
the date of her appointment as chaplain to the First
Wisconsin Heavy Artillery regiment during the Civil War and
to be considered to have been in effect during the time
during which she faithfully performed the services of a
chaplain to that regiment and for which Congress by law
(Private Resolution 31 of the 40th Congress, approved March
3, 1869) previously provided for her to be paid the full pay
and emoluments of a chaplain in the United States Army as if
she had been regularly commissioned and mustered into
service.
SEC. 587. NATIONAL GUARD CHALLENGE PROGRAM.
(a) Termination of Limitation on Federal Expenditures.--
Subsection (b)(2)(A) of section 509 of title 32, United
States Code, is amended by striking ``in a fiscal year'' and
inserting ``in fiscal year 2001 or 2002''.
(b) Matching Funds Requirements.--Subsection (d) of such
section is amended by striking paragraphs (1) through (4) and
inserting the following new paragraphs:
``(1) for fiscal years 2001 and 2002, 60 percent of the
costs of operating the State program during that fiscal year;
and
``(2) for fiscal year 2003 and each subsequent fiscal year,
75 percent of the costs of operating the State program during
that fiscal year.''.
[[Page H7054]]
(c) Repeal of Contingent Funding for JROTC.--(1) Section
2033 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 102
of such title is amended by striking the item relating to
section 2033.
(3) The amendments made by this subsection shall take
effect on October 1, 2002.
SEC. 588. PAYMENT OF FEHBP PREMIUMS FOR CERTAIN RESERVISTS
CALLED TO ACTIVE DUTY IN SUPPORT OF CONTINGENCY
OPERATIONS.
(a) In General.--Subsection (e) of section 8906 of title 5,
United States Code, is amended by adding at the end the
following new paragraph:
``(3)(A) An employing agency may pay both the employee and
Government contributions, and any additional administrative
expenses otherwise chargeable to the employee, with respect
to health care coverage for an employee described in
subparagraph (B) and the family of such employee.
``(B) An employee referred to in subparagraph (A) is an
employee who--
``(i) is enrolled in a health benefits plan under this
chapter;
``(ii) is a member of a reserve component of the armed
forces;
``(iii) is called or ordered to active duty in support of a
contingency operation (as defined in section 101(a)(13) of
title 10);
``(iv) is placed on leave without pay or separated from
service to perform active duty; and
``(v) serves on active duty for a period of more than 30
consecutive days.
``(C) Notwithstanding the one-year limitation on coverage
described in paragraph (1)(A), payment may be made under this
paragraph for a period not to exceed 18 months.''.
(b) Conforming Amendment.--The matter preceding paragraph
(1) in subsection (f) of such section is amended to read as
follows:
``(f) The Government contribution, and any additional
payments under subsection (e)(3)(A), for health benefits for
an employee shall be paid--''.
(c) Applicability.--The amendments made by this section
apply with respect to employees called to active duty on or
after December 8, 1995, and an agency may make retroactive
payments to such employees for premiums paid on or after such
date.
SEC. 589. 18-MONTH ENLISTMENT PILOT PROGRAM.
(a) In General.--(1) Chapter 333 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3264. 18-month enlistment pilot program
``(a) During the pilot program period, the Secretary of the
Army shall carry out a pilot program with the objective of
increasing participation of prior service persons in the
Selected Reserve and providing assistance in building the
pool of participants in the Individual Ready Reserve.
``(b) Under the program, the Secretary may, notwithstanding
section 505(c) of this title, accept persons for original
enlistment in the Army for a term of enlistment consisting of
18 months service on active duty, to be followed by three
years of service in the Selected Reserve and then service in
the Individual Ready Reserve to complete the military service
obligation.
``(c) No more than 10,000 persons may be accepted for
enlistment in the Army through the program under this
section.
``(d) A person enlisting in the Army through the program
under this section is eligible for an enlistment bonus under
section 309 of title 37, notwithstanding the enlistment time
period specified in subsection (a) of that section.
``(e) For purposes of the program under this section, the
pilot program period is the period beginning on October 1,
2003, and ending on December 31, 2007.
``(f) Not later than December 31, 2007, and December 31,
2012, the Secretary of the Army shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
program under this section. In each such report, the
Secretary shall set forth the views of the Secretary on the
success of the program in meeting the objectives stated in
subsection (a) and whether the program should be continued
and, if so, whether it should be modified or expanded.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``3264. 18-month enlistment pilot program.''.
(b) Implementation Report.--The Secretary of the Army shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the Secretary's plan for
implementation of section 3264 of title 10, United States
Code, as added by subsection (a). Such report shall be
submitted not later than March 1, 2002.
SEC. 590. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS
DEPLOYMENTS.
(a) Funding Source for Allowance.--Section 436(a) of title
37, United States Code, is amended by adding at the end the
following new sentence: ``The Secretary shall pay the
allowance from appropriations available for operation and
maintenance for the armed force in which the member
serves.''.
(b) Expanded Report Regarding Management of Individual
Member Deployments.--Section 574(d) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-138) is
amended in the second sentence by striking paragraphs (1) and
(2) and inserting the following new paragraphs:
``(1) a discussion of the experience in tracking and
recording the deployments of members of the Armed Forces and
the payment of the per diem allowance for lengthy or numerous
deployments in accordance with section 436 of title 37,
United States Code;
``(2) specific comments regarding the effect of section 991
of title 10, United States Code, and section 436 of title 37,
United States Code, on the readiness of the Navy and Marine
Corps given the deployment intensive mission of these
services; and
``(3) any recommendations for revision of section 991 of
title 10, United States Code, or section 436 of title 37,
United States Code, that the Secretary considers
appropriate.''.
SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE IN GROUND
COMBAT EXCLUSION POLICY.
Section 542(b) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 113 note)
is amended--
(1) in paragraph (1)--
(A) by striking ``not less than 90 days''; and
(B) by adding at the end the following new sentence: ``Such
a change may then be implemented only after the end of a
period of 60 days of continuous session of Congress
(excluding any day on which either House of Congress is not
in session) following the date on which the report is
received.''; and
(2) by adding at the end the following new paragraph:
``(5) For purposes of this subsection, the continuity of a
session of Congress is broken only by an adjournment of the
Congress sine die.''.
SEC. 592. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-
ACCESSION TRAINING AND EDUCATION PROGRAMS.
(a) Study.--The Secretary of Defense shall conduct a review
of the health and disability benefit programs available to
recruits and officer candidates engaged in training,
education, or other types of programs while not yet on active
duty and to cadets and midshipmen attending the service
academies. The review shall be conducted with the
participation of the Secretaries of the military departments.
(b) Report.--Not later than March 1, 2002, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the findings of the review. The
report shall include the following with respect to persons
described in subsection (a):
(1) A statement of the process and detailed procedures
followed by each of the Armed Forces under the jurisdiction
of the Secretary of a military department to provide health
care and disability benefits to all such persons injured in
training, education, or other types of programs conducted by
the Secretary of a military department.
(2) Information on the number of total cases of such
persons requiring health care and disability benefits and the
total number of cases and average value of health care and
disability benefits provided under the authority for each
source of benefits available to those persons.
(3) A discussion of the issues regarding health and
disability benefits for such persons that are encountered by
the Secretary during the review, to include discussions with
individuals who have received those benefits.
(4) A discussion of the necessity for legislative changes
and specific legislative proposals needed to improve the
benefits provided those persons.
SEC. 593. REQUIREMENT TO PROVIDE APPROPRIATE ARTICLES OF
CLOTHING AS A CIVILIAN UNIFORM FOR CIVILIANS
PARTICIPATING IN FUNERAL HONOR DETAILS FOR
VETERANS UPON SHOWING OF FINANCIAL NEED.
Section 1491(d) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``To provide'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
``(2)(A) Upon a showing of financial need and subject to
subparagraph (B), the Secretary of a military department
shall provide articles of clothing described in subparagraph
(C) to an organization referred to in subsection (b)(2) or to
members of such an organization who participate in funeral
honors details. Any such showing of financial need shall be
made in such manner as the Secretary may require.
``(B) The Secretary concerned may provide articles of
clothing to an organization (or members of an organization)
under this paragraph only if the Secretary determines that
participation of that organization or its members in the
funeral honors mission is advantageous to the performance of
that mission and meets the performance standards set by the
Secretary for that mission.
``(C) Articles of clothing covered by subparagraph (A) are
articles of clothing determined by the Secretary concerned to
be appropriate as a civilian uniform for persons
participating in a funeral honors detail who are not
authorized to wear the uniform of any of the armed forces.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during
[[Page H7055]]
fiscal year 2002 required by section 1009 of title 37, United
States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2002,
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............. 7,180.20 7,415.40 7,571.10 7,614.90 7,809.30
O-7............. 5,966.40 6,371.70 6,371.70 6,418.20 6,657.90
O-6............. 4,422.00 4,857.90 5,176.80 5,176.80 5,196.60
O-5............. 3,537.00 4,152.60 4,440.30 4,494.30 4,673.10
O-4............. 3,023.70 3,681.90 3,927.60 3,982.50 4,210.50
O-3 \3\......... 2,796.60 3,170.40 3,421.80 3,698.70 3,875.70
O-2 \3\......... 2,416.20 2,751.90 3,169.50 3,276.30 3,344.10
O-1 \3\......... 2,097.60 2,183.10 2,638.50 2,638.50 2,638.50
-------------------------------------------------------
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............. 8,135.10 8,210.70 8,519.70 8,608.50 8,874.30
O-7............. 6,840.30 7,051.20 7,261.80 7,472.70 8,135.10
O-6............. 5,418.90 5,448.60 5,448.60 5,628.60 6,305.70
O-5............. 4,673.10 4,813.50 5,073.30 5,413.50 5,755.80
O-4............. 4,395.90 4,696.20 4,930.20 5,092.50 5,255.70
O-3 \3\......... 4,070.10 4,232.40 4,441.20 4,549.50 4,549.50
O-2 \3\......... 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10
O-1 \3\......... 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10 \2\........ $0.00 11,601.90 11,659.20 11,901.30 12,324.00
O-9............. 0.00 10,147.50 10,293.60 10,504.80 10,873.80
O-8............. 9,259.50 9,614.70 9,852.00 9,852.00 9,852.00
O-7............. 8,694.90 8,694.90 8,694.90 8,694.90 8,738.70
O-6............. 6,627.00 6,948.30 7,131.00 7,316.10 7,675.20
O-5............. 5,919.00 6,079.80 6,262.80 6,262.80 6,262.80
O-4............. 5,310.60 5,310.60 5,310.60 5,310.60 5,310.60
O-3 \3\......... 4,549.50 4,549.50 4,549.50 4,549.50 4,549.50
O-2 \3\......... 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10
O-1 \3\......... 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for commissioned officers in pay grades 0-7
through O-10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other
officers may not exceed the rate of pay for level V of the Executive
Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, the rate of
basic pay for this grade is $13,598.10, 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 3,698.70 3,875.70
O-2E............ 0.00 0.00 0.00 3,276.30 3,344.10
O-1E............ 0.00 0.00 0.00 2,638.50 2,818.20
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ 4,070.10 4,232.40 4,441.20 4,617.00 4,717.50
O-2E............ 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40
O-1E............ 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ 4,855.20 4,855.20 4,855.20 4,855.20 4,855.20
O-2E............ 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40
O-1E............ 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30
------------------------------------------------------------------------
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.............. 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10
W-3.............. 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40
W-2.............. 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40
W-1.............. 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40
W-3.............. 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90
W-2.............. 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00
W-1.............. 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 4,965.60 5,136.00 5,307.00 5,478.60
W-4.............. 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30
W-3.............. 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90
W-2.............. 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30
[[Page H7056]]
W-1.............. 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for warrant officers may not exceed the rate
of pay for level V of 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.............. 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40
E-6.............. 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40
E-5.............. 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80
E-4.............. 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30
E-3.............. 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. \3\ 1,105.50 1,105.50 1,105.50 1,105.50
1,105.50
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9 \2\.......... $0.00 $3,423.90 3,501.30 3,599.40 3,714.60
E-8.............. 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30
E-7.............. 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60
E-6.............. 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10
E-5.............. 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30
E-4.............. 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
E-3.............. 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9 \2\.......... $3,830.40 3,944.10 4,098.30 4,251.30 4,467.00
E-8.............. 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80
E-7.............. 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80
E-6.............. 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80
E-5.............. 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30
E-4.............. 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
E-3.............. 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
E-2.............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1.............. 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for enlisted members may not exceed the rate
of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major
of the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $5,382.90, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4
months on active duty, the rate of basic pay is $1,022.70.
SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED
OFFICERS WITH PRIOR SERVICE AS AN ENLISTED
MEMBER OR WARRANT OFFICER.
Section 203(d) of title 37, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``who is credited'' and all that follows
through ``and enlisted member'' and inserting ``is described
in paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) Paragraph (1) applies with respect to a commissioned
officer in pay grade O-1, O-2, or O-3 who--
``(A) is credited with a total of over four years' active
service as warrant officer or as a warrant officer and
enlisted member; or
``(B) earned a total of more than 1,460 points credited
under section 12732(a)(2) of title 10 while serving as a
warrant officer or enlisted member.''.
SEC. 603. SUBSISTENCE ALLOWANCES.
(a) Basic Allowance for Subsistence.--Section 402 of title
37, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) For purposes of implementing paragraph (2), the
monthly rate of basic allowance for subsistence that was in
effect for an enlisted member for calendar year 2001 shall be
deemed to be $233.''; and
(2) by striking subsection (d) and inserting the following
new subsection:
``(d) Special Rule for Enlisted Members Who Mess
Separately.--The Secretary of Defense may prescribe a basic
allowance for subsistence for enlisted members at a rate
higher than the rate provided for in subsection (b) when
messing facilities of the United States are not available for
the members.''.
(b) Termination of BAS Transitional Authority.--Effective
as of October 1, 2001, section 603(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-145) is
amended by striking ``October 1, 2001'' and inserting
``January 1, 2002''.
(c) Family Subsistence Supplemental Allowance for Low-
Income Members of the Armed Forces.--Section 402a(b)(1) of
title 37, United States Code, is amended by inserting ``with
dependents'' after ``a member of the armed forces''.
SEC. 604. ELIGIBILITY FOR BASIC ALLOWANCE FOR HOUSING WHILE
BETWEEN PERMANENT DUTY STATIONS.
(a) Repeal of Pay Grade Limitation.--Section 403(i) of
title 37, United States Code, is amended by striking ``who is
in a pay grade E-4 (4 or more years of service) or above''.
(b) Effective Date; Application.--The amendment made by
this section shall take effect on January 1, 2003, and apply
to members of the uniformed services in a travel or leave
status between permanent duty stations on or after that date.
SEC. 605. UNIFORM ALLOWANCE FOR OFFICERS.
(a) Relation to Initial Uniform Allowance.--Section
416(b)(1) of title 37, United States Code, is amended by
striking ``$200'' and inserting ``$400''.
(b) Effective Date.--The amendment made by this section
shall take effect as of October 1, 2000.
SEC. 606. FAMILY SEPARATION ALLOWANCE FOR CERTAIN MEMBERS
ELECTING TO SERVE UNACCOMPANIED TOUR OF DUTY.
(a) Availability of Allowance.--Section 427(c) of title 37,
United States Code, is amended--
(1) by striking ``A member'' in the first sentence and
inserting ``(1) Except as provided in paragraph (2) or (3), a
member'';
(2) by redesignating the second sentence as paragraph (3);
and
(3) by inserting after the first sentence the following new
paragraph:
``(2) A member who elects to serve an unaccompanied tour of
duty because the movement of a dependent of the member to the
permanent station is denied for certified medical reasons is
entitled to an allowance under subsection (a)(1)(A).''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2002. Paragraph
(2) of section 427(c) of title 37, United States Code, as
added by subsection (a), shall apply with respect to pay
periods beginning on or after that date for a member of the
uniformed services covered by such paragraph regardless of
the date on which the member first made the election to serve
an unaccompanied tour of duty.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically
Short Wartime Specialties.--Section 302g(f ) of title 37,
United States Code, is amended by striking ``December 31,
2001'' and inserting ``December 31, 2002''.
[[Page H7057]]
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f )
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(f ) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(g) Prior Service Enlistment Bonus.--Section 308i(f ) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking ``January 1, 2002'' and inserting ``January 1,
2003''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
SEC. 613. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(d) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
(g) Retention Bonus for Members With Critical Military
Skills.--Section 323(i) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
SEC. 614. CONFORMING ACCESSION BONUS FOR DENTAL OFFICERS
AUTHORITY WITH AUTHORITIES FOR OTHER SPECIAL
PAY AND BONUSES.
Section 302h(a)(1) of title 37, United States Code, is
amended by striking ``the date of the enactment of this
section, and ending on September 30, 2002'' and inserting
``September 23, 1996, and ending on December 31, 2002''.
SEC. 615. ADDITIONAL TYPE OF DUTY RESULTING IN ELIGIBILITY
FOR HAZARDOUS DUTY INCENTIVE PAY.
(a) Performance of Maritime Board and Search Operations.--
Section 301(a) of title 37, United States Code, is amended--
(1) in paragraph (10), by striking ``or'' at the end;
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following new
paragraph:
``(11) involving regular participation as a member of a
team conducting visit, board, search, and seizure operations
aboard vessels in support of maritime interdiction
operations; or''.
(b) Monthly Amount.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking ``(10)'' and inserting
``(11)''; and
(2) in paragraph (2)(A), by striking ``(11)'' and inserting
``(12)''.
(c) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2002, and apply
to duty described in the amendment made by subsection (a)(2)
on or after that date.
SEC. 616. EQUAL TREATMENT OF RESERVISTS PERFORMING INACTIVE-
DUTY TRAINING FOR RECEIPT OF AVIATION CAREER
INCENTIVE PAY.
(a) Incentive Pay Equity for Reservists.--Subsection (d) of
section 301a of title 37, United States Code, is amended to
read as follows:
``(d) Members Performing Inactive-Duty Training.--Under
regulations prescribed by the President and to the extent
provided for by appropriations, in the case of a member of a
reserve component of a uniformed service, or of the National
Guard, who is entitled to compensation under section 206 of
this title, and who performs, under orders, duty described in
subsection (a), the member is also entitled to monthly
incentive pay under subsection (b) for the performance of
that duty in the same manner as a member with corresponding
years of aviation service who is entitled to basic pay. Such
member is entitled to the incentive pay for as long as the
member remains qualified for it, as provided in subsection
(a). This subsection does not apply to a member who is
entitled to basic pay under section 204 of this title.''.
(b) Effective Date; Application.--The amendment made by
this section shall take effect on January 1, 2002, and apply
to duty described in the amendment made by subsection (a)(2)
on or after that date.
SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUBMARINE
DUTY INCENTIVE PAY RATES.
(a) Authority of Secretary of the Navy; Maximum Rate.--
Section 301c of title 37, United States Code, is amended by
striking subsection (b) and inserting the following new
subsection:
``(b) Monthly Rates.--(1) Subject to paragraph (2), a
member who meets the requirements prescribed in subsection
(a) is entitled to monthly submarine duty incentive pay in an
amount prescribed by the Secretary of the Navy.
``(2) The monthly amount of submarine duty incentive pay
may not exceed $1,000.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking ``set forth in'' each
place it appears and inserting ``prescribed pursuant to'';
and
(2) in subsection (d), by striking ``authorized by'' and
inserting ``prescribed pursuant to''.
(c) Effective Date; Transition.--The amendments made by
this section shall take effect on January 1, 2002. The tables
set forth in subsection (b) of section 301c of title 37,
United States Code, as in effect on December 31, 2001, shall
continue to apply until the Secretary of the Navy prescribes
new submarine duty incentive pay rates as authorized by the
amendment made by subsection (a).
SEC. 618. IMPOSITION OF CRITICAL WARTIME SKILL REQUIREMENT
FOR ELIGIBILITY FOR INDIVIDUAL READY RESERVE
BONUS.
Section 308h(a)(1) of title 37, United States Code, is
amended--
(1) by striking ``and who'' and inserting ``, who is
qualified in a skill or speciality designated by the
Secretary concerned as critically short to meet wartime
requirements, and who''; and
(2) by striking ``a combat or combat support skill of''.
SEC. 619. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR CAREER
STATUS BONUS.
(a) Member Election.--Section 322(d) of title 37, United
States Code, is amended--
(1) in paragraph (1), by striking ``paid in a single lump
sum of'' and inserting ``equal to'';
(2) by redesignating paragraph (2) as paragraph (4), and in
such paragraph, by striking ``The bonus'' and inserting ``The
lump sum payment of the bonus, and the first installment
payment in the case of members who elect to receive the bonus
in installments,''; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) A member electing to receive the bonus under this
section shall elect one of the following payment options:
``(A) A single lump sum of $30,000.
``(B) Two installments of $15,000 each.
``(C) Three installments of $10,000 each.
``(D) Four installments of $7,500 each.
``(E) Five installments of $6,000 each.
``(3) If a member elects installment payments under
paragraph (2), the second installment (and subsequent
installments, as applicable) shall be paid on the earlier of
the following dates:
``(A) The annual anniversary date of the payment of the
first installment.
``(B) January 15 of each succeeding calendar year.''.
(c) Effective Date; Application.--The amendments made by
this section shall take effect on the date of the enactment
of this Act. The Secretary concerned (as defined in section
101(5) of title 37, United States Code) shall extend to each
member of the uniformed services who has executed the written
agreement required by subsection (a)(2) of section 322 of
such title before that date, but who has not received the
lump sum payment by that date, an opportunity to make the
election authorized by subsection (d) of such section, as
amended by subsection (a) of this section.
SEC. 620. ACCESSION BONUS FOR NEW OFFICERS.
(a) Bonus Authorized.--Chapter 5 of title 37, United States
Code, is amended by adding at the end the following new
section:
``Sec. 324. Special pay: accession bonus for new officers
``(a) Accession Bonus Authorized.--Under regulations
prescribed by the Secretary concerned, a person who executes
a written agreement to accept a commission as an officer of
the armed forces and serve on active duty for the period
specified in the agreement may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession
bonus in an amount determined by the Secretary concerned.
[[Page H7058]]
``(b) Limitation on Amount of Bonus.--The amount of an
accession bonus under subsection (a) may not exceed $100,000.
``(c) Payment Method.--Upon acceptance of a written
agreement under subsection (a) by the Secretary concerned,
the total amount of the accession bonus payable under the
agreement becomes fixed. The agreement shall specify whether
the accession bonus will be paid by the Secretary in a lump
sum or installments.
``(d) Relation to Other Accession Bonus Authority.--An
individual may not receive a accession bonus under this
section and section 302d, 302h, 302j, or 312b of this title
for the same period of service.
``(e) Repayment.--(1) If an individual who has entered into
an agreement under subsection (a) and has received all or
part of the accession bonus under the agreement fails to
accept a commission as an officer or to commence or complete
the total period of active duty service specified in the
agreement, the Secretary concerned may require the individual
to repay the United States, on a pro rata basis and to the
extent that the Secretary determines conditions and
circumstances warrant, any or all of the amount paid to the
individual under the agreement.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of a
written agreement entered into under subsection (a) does not
discharge the individual signing the agreement from a debt
arising under such agreement or under paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``324. Special pay: accession bonus for new officers.''.
Subtitle C--Travel and Transportation Allowances
SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND TRANSPORTATION
ALLOWANCE FOR TRAVEL PERFORMED UPON A CHANGE OF
PERMANENT STATION AND CERTAIN OTHER TRAVEL.
(a) Establishment of Rate.--Section 404(d) of title 37,
United States Code, is amended by adding at the end the
following new paragraph:
``(5) The per diem rates established under paragraph (2)(A)
for travel performed in connection with a change of permanent
station or for travel described in paragraph (2) or (3) of
subsection (a) shall be equal to the standard per diem rates
established in the Federal travel regulation for travel
within the continental United States of civilian employees
and their dependents, unless the Secretaries concerned
determines that a higher rate for members is more
appropriate.''.
(b) Effective Date; Application.--The amendment made by
this section shall take effect on January 1, 2003, and apply
to travel covered by such amendment that is performed on or
after that date by members of the uniformed services and
their dependents.
SEC. 632. PAYMENT OR REIMBURSEMENT OF TEMPORARY SUBSISTENCE
EXPENSES.
(a) Inclusion of Officers.--Subsection (a)(2)(C) of section
404a of title 37, United States Code, is amended by striking
``an enlisted member'' and inserting ``a member''.
(b) Increase in Maximum Daily Authorized Rate.--Subsection
(e) of such section is amended by striking ``$110'' and
inserting ``$180''.
(c) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2002, and apply
with respect to an order in connection with a change of
permanent station issued on or after that date.
SEC. 633. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF
BAGGAGE AND HOUSEHOLD EFFECTS FOR JUNIOR
ENLISTED MEMBERS.
(a) Increased Weight Allowances.--The table in section
406(b)(1)(C) of title 37, United States Code, is amended--
(1) by striking the two footnotes; and
(2) by striking the items relating to pay grade E-1 through
E-4 and inserting the following new items:
``E-4............................................. 7,000 8,000
``E-3............................................. 5,000 8,000
``E-2............................................. 5,000 8,000
``E-1............................................. 5,000 8,000''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2003, and apply
with respect to an order in connection with a change of
temporary or permanent station issued on or after that date.
SEC. 634. REIMBURSEMENT OF MEMBERS FOR MANDATORY PET
QUARANTINE FEES FOR HOUSEHOLD PETS.
Section 406(a)(1) of title 37, United States Code, is
amended in the last sentence by striking ``$275'' and
inserting ``$675''.
SEC. 635. AVAILABILITY OF DISLOCATION ALLOWANCE FOR MARRIED
MEMBER, WHOSE SPOUSE IS A MEMBER, ASSIGNED TO
MILITARY FAMILY HOUSING.
(a) Allowance Available.--Section 407(a)(2) of title 37,
United States Code, is amended by adding at the end the
following new subparagraph:
``(F) A member married to another member, both of whom are
without other dependents, who actually moves to a new
permanent duty station where the member is assigned to family
housing provided by the United States, except that only one
dislocation allowance may be paid to the married couple with
respect to the move.''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2003, and apply
with respect to an order to move for a member of a uniformed
service issued on or after that date.
SEC. 636. ELIMINATION OF PROHIBITION ON RECEIPT OF
DISLOCATION ALLOWANCE BY MEMBERS ORDERED TO
FIRST DUTY STATION.
(a) Allowance Available.--Section 407(e) of title 37,
United States Code, is amended--
(1) by striking ``First or Last Duty'' and inserting
``Effect of Order From Last Duty Station''; and
(2) by striking ``from the member's home to the member's
first duty station or''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2003, and apply
with respect to an order to move for a member of a uniformed
service issued on or after that date.
SEC. 637. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED FOR
HOUSING MOVES ORDERED FOR GOVERNMENT
CONVENIENCE.
(a) Authorization of Partial Dislocation Allowance.--
Section 407 of title 37, United States Code is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Partial Dislocation Allowance.--(1) Under regulations
prescribed by the Secretary concerned, a member ordered to
occupy or vacate family housing provided by the United States
to permit the privatization or renovation of housing or for
any other reason (other than pursuant to a permanent change
of station) may be paid a partial dislocation allowance of
$500.
``(2) Effective on the same date that the monthly rates of
basic pay for all members are increased under section 1009 of
this title or another provision of law, the Secretary of
Defense shall adjust the rate of the partial dislocation
allowance authorized by this subsection by the percentage
equal to the average percentage increase in the rates of
basic pay.
``(3) Subsections (c) and (d) do not apply to the partial
dislocation allowance authorized by this subsection.''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2002, and apply
with respect to an order to move for a member of a uniformed
service issued on or after that date.
SEC. 638. ALLOWANCES FOR TRAVEL PERFORMED IN CONNECTION WITH
MEMBERS TAKING AUTHORIZED LEAVE BETWEEN
CONSECUTIVE OVERSEAS TOURS.
Section 411b(a)(1) of title 37, United States Code, is
amended by striking ``, or his designee, or to a place no
farther distant than his home of record''.
SEC. 639. FUNDED STUDENT TRAVEL AS PART OF SCHOOL-SPONSORED
EXCHANGE PROGRAMS.
(a) Recognition of Temporary Exchange Programs.--Section
430 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by inserting before the comma at
the end the following: ``or is attending a school outside the
continental United States, if the dependent is attending the
school outside the continental United States for less than
one year under a program approved by the school in the
continental United States at which the dependent is
enrolled''; and
(2) in subsection (b)(1), by striking ``in the continental
United States for the purpose of obtaining a formal
education'' in the first sentence and inserting ``described
in subsection (a)(3)''.
(b) Limitation on Amount of Allowance.--Subsection (b) of
such section is amended by adding at the end the following
new paragraph:
``(3) The transportation allowance under paragraph (1) for
a dependent child who is attending a school outside the
continental United States for less than one year under a
program approved by the school in the continental United
States at which the dependent is enrolled shall not exceed
the allowance the member would be paid for a trip between the
school in the continental United States and the member's duty
station outside the continental United States and return.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2002.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF
MILITARY RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION.
(a) Restoration of Retired Pay Benefits.--Chapter 71 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 1414. Members eligible for retired pay who have
service-connected disabilities: payment of retired pay and
veterans' disability compensation; contingent authority
``(a) Payment of Both Retired Pay and Compensation.--
Subject to subsection (b), a member or former member of the
uniformed
[[Page H7059]]
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, subject
to the enactment of qualifying offsetting legislation as
specified in subsection (f).
``(b) Special Rule for Chapter 61 Career Retirees.--The
retired pay of a member retired under chapter 61 of this
title with 20 years or more of service otherwise creditable
under section 1405 of this title at the time of the member's
retirement is subject to reduction under sections 5304 and
5305 of title 38, but only to the extent that the amount of
the member's retired pay under chapter 61 of this title
exceeds the amount of retired pay to which the member would
have been entitled under any other provision of law based
upon the member's service in the uniformed services if the
member had not been retired under chapter 61 of this title.
``(c) Exception.--Subsection (a) does not apply to a member
retired under chapter 61 of this title with less than 20
years of service otherwise creditable under section 1405 of
this title at the time of the member's retirement.
``(d) Definitions.--In this section:
``(1) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.
``(2) The term `veterans' disability compensation' has the
meaning given the term `compensation' in section 101(12) of
title 38.
``(e) Effective Date.--If qualifying offsetting legislation
(as defined in subsection (f)) is enacted, the provisions of
subsection (a) shall take effect on--
``(1) the first day of the first month beginning after the
date of the enactment of such qualifying offsetting
legislation; or
``(2) the first day of the fiscal year that begins in the
calendar year in which such legislation is enacted, if that
date is later than the date specified in paragraph (1).
``(f) Effectiveness Contingent on Enactment of Offsetting
Legislation.--(1) The provisions of subsection (a) shall be
effective only if--
``(A) the President, in the budget for any fiscal year,
proposes the enactment of legislation that, if enacted, would
be qualifying offsetting legislation; and
``(B) after that budget is submitted to Congress, there is
enacted qualifying offsetting legislation.
``(2) For purposes of this subsection:
``(A) The term `qualifying offsetting legislation' means
legislation (other than an appropriations Act) that includes
provisions that--
``(i) offset fully the increased outlays to be made by
reason of the provisions of subsection (a) for each of the
first 10 fiscal years beginning after the date of the
enactment of such legislation;
``(ii) expressly state that they are enacted for the
purpose of the offset described in clause (i); and
``(iii) are included in full on the PayGo scorecard.
``(B) The term `PayGo scorecard' means the estimates that
are made by the Director of the Congressional Budget Office
and the Director of the Office of Management and Budget under
section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 902(d)) with respect to the ten
fiscal years following the date of the enactment of the
legislation that is qualifying offsetting legislation for
purposes of this section.''.
(b) Conforming Termination of Special Compensation
Program.--Section 1413(a) of such title is amended by adding
at the end the following new sentence: ``If the provisions of
subsection (a) of section 1414 of this title become effective
in accordance with subsection (f) of that section, payments
under this section shall be terminated effective as of the
month beginning on the effective date specified in subsection
(e) of that section.''.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1414. Members eligible for retired pay who have service-connected
disabilities: payment of retired pay and veterans'
disability compensation; contingent authority.''.
(d) Prohibition of Retroactive Benefits.--If the provisions
of subsection (a) of section 1414 of title 10, United States
Code, becomes effective in accordance with subsection (f) of
that section, no benefit may be paid to any person by reason
of those provisions for any period before the effective date
specified in subsection (e) of that section.
Subtitle E--Other Matters
SEC. 651. FUNERAL HONORS DUTY ALLOWANCE FOR RETIRED MEMBERS.
(a) Allowance Authorized.--Subsection (a) of section 435 of
title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned may also authorize payment of
an allowance under this section to a retired member of the
armed forces who performs at least two hours of duty
preparing for or performing honors at the funeral of a
veteran.''.
(b) Relation to Other Compensation.--Such section is
further amended by adding at the end the following new
subsection:
``(c) Concurrent Payment.--Notwithstanding any other
provision of law, the allowance paid to a retired member of
the armed forces under this section shall be in addition to
any other compensation to which the retired member may be
entitled under this title or titles 10 or 38.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
SEC. 701. IMPLEMENTING COST-EFFECTIVE PAYMENT RATES UNDER THE
TRICARE PROGRAM.
Not later than January 1, 2002, the Secretary of Defense
shall, with respect to categories of health care providers or
services for which the Secretary has not already done so and
to the extent that the Secretary determines is practicable--
(1) implement the payment rates used under medicare, or
similar rates based on medicare payment methods, to pay for
health care services provided by institutional and
noninstitutional providers under the TRICARE program; and
(2) as a condition of participation in the TRICARE program,
prohibit balance billing of covered beneficiaries by
institutional providers and limit balance billing by
noninstitutional providers (subject to any exceptions the
Secretary determines appropriate) consistent with the
limiting charge percentage under medicare.
SEC. 702. WAIVER OF NONAVAILABILITY STATEMENT OR
PREAUTHORIZATION REQUIREMENT.
(a) In General.--Section 721 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted in Public Law 106-398; 114 Stat. 1654A-184) is
amended--
(1) in the matter preceding paragraph (1) in subsection
(a), by striking ``new'';
(2) by striking subsection (c) and inserting the following:
``(c) Exceptions.--(1) Subject to paragraph (2), the
Secretary may provide that subsection (a) shall not apply for
a period of up to one year if--
``(A) the Secretary--
``(i) demonstrates significant costs would be avoided by
performing specific procedures at the affected military
medical treatment facility or facilities;
``(ii) determines that a specific procedure must be
provided at the affected military medical treatment facility
or facilities to ensure the proficiency levels of the
practitioners at the facility or facilities; or
``(iii) determines that the lack of nonavailability
statement data would significantly interfere with TRICARE
contract administration;
``(B) the Secretary provides notification of the
Secretary's intent to make an exception under this subsection
to covered beneficiaries who receive care at the military
medical treatment facility or facilities that will be
affected by the decision to make an exception under this
subsection;
``(C) the Secretary provides notification to the Committees
on Armed Services of the House of Representatives and the
Senate of the Secretary's intent to make an exception under
this subsection, the reason for making an exception, and the
date that a nonavailability statement will be required; and
``(D) 60 days have elapsed since the date of the
notification described in subparagraph (C).
``(2)(A) Except as provided in subparagraph (B), the
Secretary may make an exception under this subsection with
respect to--
``(i) one or more services performed at a military medical
treatment facility or facilities; or
``(ii) one or more services performed in a TRICARE region.
``(B) With respect to maternity care, the Secretary may
make an exception under this subsection with respect to a
military medical treatment facility.
``(3) In the case of health care provided in conjunction
with a graduate medical education program, the period of
nonapplicability described in paragraph (1) shall be, instead
of one year, the period for which a residency review
committee has approved the program.''; and
(3) in subsection (d), by striking ``October 1, 2001'' and
inserting ``two years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2002''.
(b) Report.--Not later than March 1, 2002, the Secretary of
Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the
Secretary's plans for implementing such section.
SEC. 703. IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE
PROGRAM.
(a) Expansion of TRICARE Program.--Section 1072(7) of title
10, United States Code, is amended by striking ``the
competitive selection of contractors to financially
underwrite''.
(b) Reduction of Contract Start-Up Time.--Section 1095c(b)
of such title is amended--
(1) in paragraph (1)--
(A) by striking ``The'' and inserting ``Except as provided
in paragraph (3), the''; and
(B) by striking ``contract.'' and all that follows through
``as soon as practicable after the award of the''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary may reduce the nine-month start-up
period required under paragraph (1) if--
``(A) the Secretary--
[[Page H7060]]
``(i) determines that a shorter period is sufficient to
ensure effective implementation of all contract requirements;
and
``(ii) submits notification to the Committees on Armed
Services of the House of Representatives and the Senate of
the Secretary's intent to reduce the nine-month start-up
period; and
``(B) 60 days have elapsed since the date of such
notification.''.
SEC. 704. SUB-ACUTE AND LONG-TERM CARE PROGRAM REFORM.
(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074i the
following new section:
``Sec. 1074j. Sub-acute care program
``(a) Establishment.--The Secretary of Defense shall
establish an effective, efficient, and integrated sub-acute
care benefits program under this chapter (hereinafter
referred to in this section as the `program'). Except as
otherwise provided in this section, the types of health care
authorized under the program shall be the same as those
provided under section 1079 of this title. The Secretary,
after consultation with the other administering Secretaries,
shall promulgate regulations to carry out this section.
``(b) Benefits.--(1) The program shall include a uniform
skilled nursing facility benefit that shall be provided in
the manner and under the conditions described in section
1861(h) and (i) of the Social Security Act (42 U.S.C.
1395x(h) and (i)), except that the limitation on the number
of days of coverage under section 1812(a) and (b) of such Act
(42 U.S.C. 1395d(a) and (b)) shall not be applicable under
the program. Skilled nursing facility care for each spell of
illness shall continue to be provided for as long as
medically necessary and appropriate.
``(2) In this subsection:
``(A) The term `skilled nursing facility' has the meaning
given such term in section 1819(a) of the Social Security Act
(42 U.S.C. 1395i-3(a)).
``(B) The term `spell of illness' has the meaning given
such term in section 1861(a) of such Act (42 U.S.C.
1395x(a)).
``(3) The program shall include a comprehensive,
intermittent home health care benefit that shall be provided
in the manner and under the conditions described in section
1861(m) of the Social Security Act (42 U.S.C. 1395x(m)).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1074i the following new item:
``1074j. Sub-acute care program.''.
(b) Extended Benefits for Certain Dependents.--Section 1079
of such title is amended by striking subsections (d), (e),
and (f) and inserting the following new subsections:
``(d)(1) The Secretary of Defense shall establish a program
to provide extended benefits for eligible dependents, which
may include the provision of comprehensive health care
services, including case management services, to assist in
the reduction of the disabling effects of a qualifying
condition of an eligible dependent. Registration shall be
required to receive the extended benefits.
``(2) The Secretary of Defense, after consultation with the
other administering Secretaries, shall promulgate regulations
to carry out this subsection.
``(3) In this subsection:
``(A) The term `eligible dependent' means a dependent of a
member of the uniformed services on active duty for a period
of more than 30 days, as described in subparagraph (A), (D),
or (I) of section 1072(2) of this title, who has a qualifying
condition.
``(B) The term `qualifying condition' means the condition
of a dependent who is moderately or severely mentally
retarded, has a serious physical disability, or has an
extraordinary physical or psychological condition.
``(e) Extended benefits for eligible dependents under
subsection (d) may include comprehensive health care services
with respect to the qualifying condition of such a dependent,
and include, to the extent such benefits are not provided
under provisions of this chapter other than under this
section, the following:
``(1) Diagnosis.
``(2) Inpatient, outpatient, and comprehensive home health
care supplies and services.
``(3) Training, rehabilitation, and special education.
``(4) Institutional care in private nonprofit, public, and
State institutions and facilities and, if appropriate,
transportation to and from such institutions and facilities.
``(5) Custodial care, notwithstanding the prohibition in
section 1077(b)(1) of this title.
``(6) Respite care for the primary caregiver of the
eligible dependent.
``(7) Such other services and supplies as determined
appropriate by the Secretary, notwithstanding the limitations
in subsection (a)(13).
``(f) Members shall be required to share in the cost of any
benefits provided to their dependents under subsection (d) as
follows:
``(1) Members in the lowest enlisted pay grade shall be
required to pay the first $25 incurred each month, and
members in the highest commissioned pay grade shall be
required to pay the first $250 incurred each month. The
amounts to be paid by members in all other pay grades shall
be determined under regulations to be prescribed by the
Secretary of Defense in consultation with the administering
Secretaries.
``(2) A member who has more than one dependent incurring
expenses in a given month under a plan covered by subsection
(d) shall not be required to pay an amount greater than would
be required if the member had only one such dependent.''.
(c) Definitions of Custodial Care and Domiciliary Care.--
Section 1072 of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(8) The term `custodial care' means treatment or
services, regardless of who recommends such treatment or
services or where such treatment or services are provided,
that--
``(A) can be rendered safely and reasonably by a person who
is not medically skilled; or
``(B) is or are designed mainly to help the patient with
the activities of daily living.
``(9) The term `domiciliary care' means care provided to a
patient in an institution or homelike environment because--
``(A) providing support for the activities of daily living
in the home is not available or is unsuitable; or
``(B) members of the patient's family are unwilling to
provide the care.''.
(d) Conforming Amendment.--Section 1079 of title 10, United
States Code, is amended in subsection (a) by striking
paragraph (17).
(e) Continuation of Individual Case Management Services for
Certain Eligible Beneficiaries.--(1) Notwithstanding the
termination of the Individual Case Management Program by
subsection (d), the Secretary of Defense shall, in any case
in which the Secretary makes the determination described in
paragraph (2), continue to provide payment as if such program
were in effect for home health care or custodial care
services provided to an eligible beneficiary that would
otherwise be excluded from coverage under regulations
implementing chapter 55 of title 10, United States Code.
(2) The determination referred to in paragraph (1) is a
determination that discontinuation of payment for services
not otherwise provided under such chapter would result in the
provision of services inadequate to meet the needs of the
eligible beneficiary and would be unjust to such beneficiary.
(3) For purposes of this subsection, ``eligible
beneficiary'' means a covered beneficiary (as that term is
defined in section 1072 of title 10, United States Code) who,
before the effective date of this section, was provided
custodial care services under the Individual Case Management
Program for which the Secretary provided payment.
(f) Report on Initiatives Regarding Long-Term Care.--The
Secretary of Defense shall, not later than April 1, 2002,
submit to Congress a report on the feasibility and
desirability of establishing new initiatives, taking into
account chapter 90 of title 5, United States Code, to improve
the availability of long-term care for members and retired
members of the uniformed services and their families.
(g) Reference in Title 10 to Long-Term Care Program in
Title 5.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074j (as added by
subsection (a)) the following new section:
``Sec. 1074k. Long-term care insurance
``Provisions regarding long-term care insurance for members
and certain former members of the uniformed services and
their families are set forth in chapter 90 of title 5.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1074j (as added by subsection (a)) the following new item:
``1074k. Long-term care insurance.''.
(h) Effective Date.--This section, and the amendments made
by this section, shall take effect on October 1, 2001.
SEC. 705. REIMBURSEMENT OF TRAVEL EXPENSES OF A PARENT,
GUARDIAN, OR RESPONSIBLE FAMILY MEMBER OF A
MINOR COVERED BENEFICIARY.
Section 1074i of title 10, United States Code, is amended
by adding at the end the following new sentence: ``In any
case in which reimbursement of travel expenses of a covered
beneficiary who is a minor and dependent is required under
this section, the Secretary also shall provide reimbursement
for reasonable travel expenses of the parent or guardian of,
or the family member responsible for, such covered
beneficiary.''.
Subtitle B--Other Matters
SEC. 711. PROHIBITION AGAINST REQUIRING MILITARY RETIREES TO
RECEIVE HEALTH CARE SOLELY THROUGH THE
DEPARTMENT OF DEFENSE.
No provision of law (whether enacted before or after this
Act) may be construed as authorizing the Secretary of Defense
to take any action that would require, or have the effect of
requiring, a member or former member of the Armed Forces who
is entitled to retired or retainer pay to enroll to receive
health care from the Federal Government only through the
Department of Defense. This section may not be superseded by
a subsequent Act unless that Act--
(1) specifically refers to this section; and
(2) specifically states that such provision of law
supersedes the provisions of this section.
SEC. 712. TRAUMA AND MEDICAL CARE PILOT PROGRAM.
(a) Requirement To Conduct Pilot Program.--The Secretary of
Defense shall conduct a pilot program under which the Brooke
Army Medical Center and the Wilford Hall Air Force Medical
Center in San Antonio, Texas, may charge civilians who are
not covered beneficiaries under chapter 55 of title 10,
United States Code, fees representing the actual costs of
trauma and other medical care
[[Page H7061]]
provided to such civilians using private sector itemized
rates.
(b) Use of Fees Collected.--(1) The Brooke Army Medical
Center and the Wilford Hall Air Force Medical Center may use
the amounts collected under the pilot program for--
(A) trauma consortium activities;
(B) administrative, operating, and equipment costs; and
(C) readiness training.
(2) The operating budgets of those medical centers shall
not be reduced as a result of fees collected under the pilot
program.
(c) Efficient Practices.--Under the pilot program, the
commander of the Brooke Army Medical Center or Wilford Hall
Air Force Medical Center may authorize the use of funds
appropriated to the Department of Defense for medical care
for trauma and other medical care provided at such center to
civilians described in subsection (a).
(d) Length of Pilot Program.--The pilot program under this
section shall commence on October 1, 2001, and be conducted
for a period of three years.
(e) Reports.--The Secretary of Defense shall submit to
Congress not later than October 1st of each of 2002 through
2004 a report describing the progress and effectiveness of
the pilot program carried out under this section.
SEC. 713. ENHANCEMENT OF MEDICAL PRODUCT DEVELOPMENT.
Section 980 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``Funds''; and
(2) by adding at the end the following new subsection:
``(b) The Secretary of Defense may waive the prohibition in
this section with respect to a specific research project to
advance the development of a medical product necessary to the
armed forces if the research project is carried out in
accordance with all other applicable laws.''.
SEC. 714. REPEAL OF OBSOLETE REPORT REQUIREMENT.
Section 701 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 1074g note) is
amended by striking subsection (d).
SEC. 715. CLARIFICATIONS AND IMPROVEMENTS REGARDING THE
DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE
HEALTH CARE FUND.
(a) Clarification Regarding Coverage.--Subsection (b) of
section 1111 of title 10, United States Code, is amended to
read as follows:
``(b) In this chapter:
``(1) The term `Department of Defense retiree health care
programs' means the provisions of this title or any other
provision of law creating an entitlement to or eligibility
for health care under a Department of Defense or uniformed
service program for a member or former member of a
participating uniformed service who is entitled to retired or
retainer pay, and an eligible dependent under such program.
``(2) The term `eligible dependent' means a dependent (as
such term is defined in section 1072(2) of this title)
described in section 1076(a)(2) (other than a dependent of a
member on active duty), 1076(b), 1086(c)(2), or 1086(c)(3).
``(3) The term `medicare-eligible', with respect to any
person, means entitled to benefits under part A of title
XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
``(4) The term `participating uniformed service' means the
Army, Navy, Air Force, and Marine Corps, and any other
uniformed service that is covered by an agreement entered
into under subsection (c).''.
(b) Participation of Other Uniformed Services.--(1) Section
1111 of such title is further amended by adding at the end
the following new subsection:
``(c) The Secretary of Defense may enter into an agreement
with any other administering Secretary (as defined in section
1072(3)) for participation in the Fund by a uniformed service
under the jurisdiction of that Secretary. Any such agreement
shall require that Secretary to make contributions to the
Fund on behalf of the members of the uniformed service under
the jurisdiction of that Secretary comparable to the
contributions to the Fund made by the Secretary of Defense
under section 1116, and such administering Secretary may make
such contributions.''.
(2) Section 1112 of such title is amended by adding at the
end the following new paragraph:
``(4) Amounts paid into the Fund pursuant to section
1111(c).''.
(3) Section 1115 of such title is amended--
(A) in subsection (a), by inserting ``participating''
before ``uniformed services'';
(B) in subparagraphs (A)(ii) and (B)(ii) of subsection
(b)(1), by inserting ``under the jurisdiction of the
Secretary of Defense'' after ``uniformed services'';
(C) in subsection (b)(2), by inserting ``(or to the other
executive department having jurisdiction over the
participating uniformed service)'' after ``Department of
Defense''; and
(D) in subparagraphs (A) and (B) of subsection (c)(1), by
inserting ``participating'' before ``uniformed services''.
(4) Section 1116(a) of such title is amended in paragraphs
(1)(B) and (2)(B) by inserting ``under the jurisdiction of
the Secretary of Defense'' after ``uniformed services''.
(c) Clarification of Payments From the Fund.--(1)
Subsection (a) of section 1113 of such title is amended to
read as follows:
``(a) There shall be paid from the Fund amounts payable for
the costs of all Department of Defense retiree health care
programs for the benefit of members or former members of a
participating uniformed service who are entitled to retired
or retainer pay and are medicare eligible, and eligible
dependents described in section 1111(b)(3) who are medicare
eligible.''.
(2) Such section is further amended by adding at the end
the following new subsections:
``(c)(1) In carrying out subsection (a), the Secretary of
Defense may transfer periodically from the Fund to applicable
appropriations of the Department of Defense, or to applicable
appropriations of other departments or agencies, such amounts
as the Secretary determines necessary to cover the costs
chargeable to those appropriations for Department of Defense
retiree health care programs for beneficiaries under those
programs who are medicare-eligible. Such transfers may
include amounts necessary for the administration of such
programs. Amounts so transferred shall be merged with and be
available for the same purposes and for the same time period
as the appropriation to which transferred. Upon a
determination that all or part of the funds transferred from
the Fund are not necessary for the purposes for which
transferred, such amounts may be transferred back to the
Fund. This transfer authority is in addition to any other
transfer authority that may be available to the Secretary.
``(2) A transfer from the Fund under paragraph (1) may not
be made to an appropriation after the end of the second
fiscal year after the fiscal year that the appropriation is
available for obligation. A transfer back to the Fund under
paragraph (1) may not be made after the end of the second
fiscal year after the fiscal year that the appropriation to
which the funds were originally transferred is available for
obligation.
``(d) The Secretary of Defense shall by regulation
establish the method or methods for calculating amounts to be
transferred under subsection (c). Such method or methods may
be based (in whole or in part) on a proportionate share of
the volume (measured as the Secretary determines appropriate)
of health care services provided or paid for under Department
of Defense retiree health care programs for beneficiaries
under those programs who are medicare-eligible in relation to
the total volume of health care services provided or paid for
under Department of Defense health care programs.
``(e) The regulations issued by the Secretary under
subsection (d) shall be provided to the Comptroller General
not less than 60 days before such regulations become
effective. The Comptroller General shall, not later than 30
days after receiving such regulations, report to the
Secretary of Defense and Congress on the adequacy and
appropriateness of the regulations.
``(f) If the Secretary of Defense enters into an agreement
with another administering Secretary pursuant to section
1111(c), the Secretary of Defense may take actions comparable
to those described in subsections (c), (d), and (e) to effect
comparable activities in relation to the beneficiaries and
programs of the other participating uniformed service.''.
(d) Source of Funds for Monthly Accrual Payments Into the
Fund.--Section 1116 of such title is further amended--
(1) in subsection (a)(2)(B) (as amended by subsection
(b)(7)), by striking the sentence beginning ``Amounts paid
into''; and
(2) by adding at the end the following new subsection:
``(c) Amounts paid into the Fund under subsection (a) shall
be paid from funds available for the health care programs of
the participating uniformed services under the jurisdiction
of the respective administering Secretaries.''.
(e) Limitation on Total Amount Contributed During a Fiscal
Year.--Section 1116 of such title is further amended by
adding at the end the following new subsection:
``(d) In no case may the total amount of monthly
contributions to the Fund during a fiscal year under
subsection (a) exceed the amount paid from the Fund during
such fiscal year under section 1113.''.
(f) Technical Amendments.--(1) The heading for section 1111
of such title is amended to read as follows:
``Sec. 1111. Establishment and purpose of Fund; definitions;
authority to enter into agreements''.
(2) The item relating to section 1111 in the table of
sections at the beginning of chapter 56 of such title is
amended to read as follows:
``1111. Establishment and purpose of Fund; definitions; authority to
enter into agreements.''.
(3) Section 1115(c)(1)(B) of such title is amended by
inserting an open parenthesis before ``other than for
training)''.
(g) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of chapter
56 of title 10, United States Code, by section 713(a)(1) of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654A-179).
(h) First Year Contributions.--With respect to
contributions under section 1116(a) of title 10, United
States Code, for the first year that the Department of
Defense Medicare-Eligible Retiree Health Care Fund is
established under chapter 56 of such title, if the Board of
Actuaries is unable to execute its responsibilities with
respect to such section, the Secretary of Defense may make
contributions under such section using methods and
assumptions developed by the Secretary.
[[Page H7062]]
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. ACQUISITION MILESTONES.
(a) Title 10, U.S.C.--Title 10, United States Code, is
amended--
(1) in section 2366(c), subsections (b)(3)(A), (c)(3)(A),
and (h)(1) of section 2432, and section 2434(a), by striking
``engineering and manufacturing development'' each place such
words appear and inserting ``system development and
demonstration'';
(2) in section 2400--
(A) in subsection (a)(2), by striking ``engineering and
manufacturing development'' and inserting ``system
development and demonstration''; and
(B) in subsections (a)(1)(A), (a)(2), (a)(4) and (a)(5), by
striking ``milestone II'' each place such term appears and
inserting ``milestone B''; and
(3) in section 2435--
(A) in subsection (b), by striking ``engineering and
manufacturing development'' and inserting ``system
development and demonstration'';
(B) in subsection (c)(1), by striking ``demonstration and
validation'' and inserting ``system development and
demonstration'';
(C) in subsection (c)(2), by striking ``engineering and
manufacturing development'' and inserting ``production and
deployment''; and
(D) in subsection (c)(3), by striking ``production and
deployment'' and inserting ``full rate production''.
(b) Other Laws.--(1) Section 811(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted in Public Law 106-398; 114 Stat. 1654A-211) is
amended--
(A) by striking ``Milestone I'' and inserting ``Milestone
B'';
(B) by striking ``Milestone II'' and inserting ``Milestone
C''; and
(C) by striking ``Milestone III'' and inserting ``full rate
production''.
(2) Section 8102(b) of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 696)
is amended--
(A) by striking ``Milestone I'' and inserting ``Milestone
B'';
(B) by striking ``Milestone II'' and inserting ``Milestone
C''; and
(C) by striking ``Milestone III'' and inserting ``full rate
production''.
SEC. 802. ACQUISITION WORKFORCE QUALIFICATIONS.
(a) Qualifications.--Section 1724 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) Contracting Officers.--The Secretary of Defense shall
require that, in order to qualify to serve in an acquisition
position as a contracting officer with authority to award or
administer contracts for amounts above the simplified
acquisition threshold referred to in section 2304(g) of this
title, an employee of the Department of Defense or member of
the armed forces (other than the Coast Guard) must, except as
provided in subsections (c) and (d)--'';
(B) in paragraph (1)--
(i) by striking ``mandatory''; and
(ii) by striking ``at the grade level'' and all that
follows and inserting ``(A) in the case of an employee,
serving in the position within the grade of the General
Schedule in which the employee is serving, and (B) in the
case of a member of the armed forces, in the member's
grade;''; and
(C) in paragraph (3)(A), by inserting a comma after
``business'';
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) GS-1102 Series Positions and Similar Military
Positions.--(1) The Secretary of Defense shall require that
in order to qualify to serve in a position in the Department
of Defense that is in the GS-1102 occupational series an
employee or potential employee of the Department of Defense
meet the requirements set forth in paragraph (3) of
subsection (a). The Secretary may not require that in order
to serve in such a position an employee or potential employee
meet any of the requirements of paragraphs (1) and (2) of
that subsection.
``(2) The Secretary of Defense shall require that in order
for a member of the armed forces to be selected for an
occupational specialty within the armed forces that (as
determined by the Secretary) is similar to the GS-1102
occupational series a member of the armed forces meet the
requirements set forth in paragraph (3) of subsection (a).
The Secretary may not require that in order to be selected
for such an occupational specialty a member meet any of the
requirements of paragraphs (1) and (2) of that subsection.'';
and
(3) by striking subsections (c) and (d) inserting the
following new subsections:
``(c) Exceptions.--The qualification requirements imposed
by the Secretary of Defense pursuant to subsections (a) and
(b) shall not apply to an employee of the Department of
Defense or member of the armed forces who--
``(1) served as a contracting officer with authority to
award or administer contracts in excess of the simplified
acquisition threshold on or before September 30, 2000;
``(2) served, on or before September 30, 2000, in a
position either as an employee in the GS-1102 series or as a
member of the armed forces in similar occupational specialty;
``(3) is in the contingency contracting force; or
``(4) is described in subsection (e)(1)(B).
``(d) Waiver.--The acquisition career program board
concerned may waive any or all of the requirements of
subsections (a) and (b) with respect to an employee of the
Department of Defense or member of the armed forces if the
board certifies that the individual possesses significant
potential for advancement to levels of greater responsibility
and authority, based on demonstrated job performance and
qualifying experience. With respect to each waiver granted
under this subsection, the board shall set forth in a written
document the rationale for its decision to waive such
requirements. Such document shall be submitted to and
retained by the Director of Acquisition Education, Training,
and Career Development.
``(e) Developmental Opportunities.--(1) The Secretary of
Defense may--
``(A) establish or continue one or more programs for the
purpose of recruiting, selecting, appointing, educating,
qualifying, and developing the careers of individuals to meet
the requirements in subparagraphs (A) and (B) of subsection
(a)(3);
``(B) appoint individuals to developmental positions in
those programs; and
``(C) separate from the civil service after a three-year
probationary period any individual appointed under this
subsection who, as determined by the Secretary, fails to
complete satisfactorily any program described in subparagraph
(A).
``(2) To qualify for any developmental program described in
paragraph (1)(A), an individual shall have--
``(A) been awarded a baccalaureate degree from an
accredited institution of higher education authorized to
grant baccalaureate degrees; or
``(B) completed at least 24 semester credit hours or the
equivalent of study from an accredited institution of higher
education in any of the disciplines of accounting, business,
finance, law, contracts, purchasing, economics, industrial
management, marketing, quantitative methods, or organization
and management.
``(f) Contingency Contracting Force.--The Secretary shall
establish qualification requirements for the contingency
contracting force consisting of members of the armed forces
whose mission is to deploy in support of contingency
operations and other operations of the Department of Defense,
including--
``(1) completion of at least 24 semester credit hours or
the equivalent of study from an accredited institution of
higher education or similar educational institution in any of
the disciplines of accounting, business, finance, law,
contracts, purchasing, economics, industrial management,
marketing, quantitative methods, or organization and
management; or
``(2) passage of an examination that demonstrates skills,
knowledge, or abilities comparable to that of an individual
who has completed at least 24 semester credit hours or the
equivalent of study in any of the disciplines described in
paragraph (1).''.
(b) Clerical Amendment.--Section 1732(c)(2) of such title
is amended by inserting a comma after ``business''.
SEC. 803. TWO-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED
PROCEDURES TO CERTAIN COMMERCIAL ITEMS.
Section 4202(e) of the Clinger-Cohen Act of 1996 (divisions
D and E of Public Law 104-106; 110 Stat. 654; 10 U.S.C. 2304
note) is amended by striking ``January 1, 2002'' and
inserting ``January 1, 2004''.
SEC. 804. CONTRACTS FOR SERVICES TO BE PERFORMED OUTSIDE THE
UNITED STATES.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2381 the
following new section:
``Sec. 2382. Contracts for services to be performed outside
the United States
``The Secretary of Defense may enter into contracts to
employ individuals or organizations to perform services in
countries other than the United States without regard to laws
regarding the negotiation, making, and performance of
contracts and performance of work in the United States.
Individuals employed by contract to perform such services
shall not by virtue of such employment be considered to be
employees of the United States Government for purposes of any
law administered by the Office of Personnel Management, but
the Secretary may determine the applicability to such
individuals of any other law administered by the Secretary
concerning the employment of such individuals in countries
other than the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2381 the following new item:
``2382. Contracts for services to be performed outside the United
States.''.
SEC. 805. CODIFICATION AND MODIFICATION OF ``BERRY
AMENDMENT'' REQUIREMENTS.
(a) Berry Amendment Requirements.--(1) Chapter 148 of title
10, United States Code, is amended by inserting after section
2533 the following new section:
``Sec. 2533a. Requirement to buy certain articles from
American sources; exceptions
``(a) Requirement.--Except as provided in subsections (c)
through (g), funds appropriated or otherwise available to the
Department of Defense may not be used for the procurement of
an item described in subsection
[[Page H7063]]
(b) if the item is not grown, reprocessed, reused, or
produced in the United States.
``(b) Covered Items.--An item referred to in subsection (a)
is any of the following:
``(1) An article or item of--
``(A) food;
``(B) clothing;
``(C) tents, tarpaulins, parachutes, or covers;
``(D) cotton and other natural fiber products, woven silk
or woven silk blends, spun silk yarn for cartridge cloth,
synthetic fabric or coated synthetic fabric (including all
textile fibers and yarns that are for use in such fabrics),
canvas products, or wool (whether in the form of fiber or
yarn or contained in fabrics, materials, or manufactured
articles); or
``(E) any item of individual equipment manufactured from or
containing such fibers, yarns, fabrics, or materials.
``(2) Specialty metals, including stainless steel flatware.
``(3) Hand or measuring tools.
``(c) Exception.--The Secretary of Defense or the Secretary
of the military department concerned may waive the
requirement in subsection (a) if--
``(1) such Secretary determines that satisfactory quality
and sufficient quantity of any such article or item described
in subsection (b)(1) or specialty metals (including stainless
steel flatware) grown, reprocessed, reused, or produced in
the United States cannot be procured as and when needed at
United States market prices;
``(2) such Secretary has provided notice to the public
regarding the waiver;
``(3) such Secretary has notified the Committees on
Appropriations, Armed Services, and Small Business of the
House of Representatives and the Senate regarding the waiver
and provided a justification to such committees for the
waiver; and
``(4) 30 days have elapsed since the date of the
notification of such committees.
``(d) Exception for Certain Procurements Outside the United
States.--Subsection (a) does not apply to the following:
``(1) Procurements outside the United States in support of
combat operations.
``(2) Procurements by vessels in foreign waters.
``(3) Emergency procurements or procurements of perishable
foods by an establishment located outside the United States
for the personnel attached to such establishment.
``(e) Exception for Specialty Metals and Chemical Warfare
Protective Clothing.--Subsection (a) does not preclude the
procurement of specialty metals or chemical warfare
protective clothing produced outside the United States if--
``(1) such procurement is necessary--
``(A) to comply with agreements with foreign governments
requiring the United States to purchase supplies from foreign
sources for the purposes of offsetting sales made by the
United States Government or United States firms under
approved programs serving defense requirements; or
``(B) in furtherance of agreements with foreign governments
in which both such governments agree to remove barriers to
purchases of supplies produced in the other country or
services performed by sources of the other country; and
``(2) any such agreement with a foreign government
complies, where applicable, with the requirements of section
36 of the Arms Export Control Act (22 U.S.C. 2776) and with
section 2457 of this title.
``(f) Exception for Certain Foods.--Subsection (a) does not
preclude the procurement of foods manufactured or processed
in the United States.
``(g) Exception for Small Purchases.--Subsection (a) does
not apply to purchases for amounts not greater than the
simplified acquisition threshold referred to in section
2304(g) of this title.
``(h) Applicability to Contracts and Subcontracts for
Procurement of Commercial Items.--This section is applicable
to contracts and subcontracts for the procurement of
commercial items notwithstanding section 34 of the Office of
Federal Procurement Policy Act (41 U.S.C. 430).
``(i) Geographic Coverage.--In this section, the term
`United States' includes the commonwealths, territories, and
possessions of the United States.
``(j) Exception for Commissaries, Exchanges, and Other
Nonappropriated Fund Instrumentalities.--Subsection (a) does
not apply to items purchased for resale purposes in
commissaries, military exchanges, or nonappropriated fund
instrumentalities operated by the military departments or the
Department of Defense.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2533 the following new item:
``2533a. Requirement to buy certain articles from American sources;
exceptions.''.
(b) Repeal of Source Provisions.--The following provisions
of law are repealed:
(1) Section 9005 of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241
note).
(2) Section 8109 of the Department of Defense
Appropriations Act, 1997 (as contained in section 101(b) of
Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).
SEC. 806. INCREASE OF ASSISTANCE LIMITATION REGARDING
PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
Section 2414(a)(1) of title 10, United States Code, is
amended by striking ``$300,000'' and inserting ``$600,000''.
SEC. 807. STUDY OF CONTRACT CONSOLIDATIONS.
The Secretary of Defense, in consultation with the
Comptroller General of the United States, shall develop a
database to track contract consolidations which consolidate 2
or more contracts previously awarded by the Department of
Defense to small business concerns. The database shall
contain, at a minimum, the names and addresses of the
businesses to which the contracts that were consolidated were
previously awarded, the rationale for consolidating the
contracts, and the monetary benefit projected to be realized
by the contract consolidation. Not later than December 1st of
each year, the Secretary of Defense shall submit a report
regarding the information contained in such database to the
Committees on Armed Services of the House of Representatives
and the Senate, the Committee on Small Business of the House
of Representatives, and the Committee on Small Business and
Entrepreneurship of the Senate.
Subtitle B--Erroneous Payments Recovery
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ``Erroneous Payments
Recovery Act of 2001''.
SEC. 812. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES
IN PAYMENTS TO CONTRACTORS AND RECOVERY OF
AMOUNTS ERRONEOUSLY PAID.
(a) Program Required.--The head of each executive agency
that enters into contracts with a total value in excess of
$500,000,000 in a fiscal year shall carry out a cost-
effective program for identifying any errors made in paying
the contractors and for recovering any amounts erroneously
paid to the contractors.
(b) Recovery Audits and Activities.--A program of an
executive agency under subsection (a) shall include recovery
audits and recovery activities. The head of the executive
agency shall determine, in accordance with guidance provided
under subsection (c), the classes of contracts to which
recovery audits and recovery activities are appropriately
applied.
(c) OMB Guidance.--The Director of the Office of Management
and Budget shall issue guidance for the conduct of programs
under subsection (a). The guidance shall include the
following:
(1) Definitions of the terms ``recovery audit'' and
``recovery activity'' for the purposes of the programs.
(2) The classes of contracts to which recovery audits and
recovery activities are appropriately applied under the
programs.
(3) Protections for the confidentiality of--
(A) sensitive financial information that has not been
released for use by the general public; and
(B) information that could be used to identify a person.
(4) Policies and procedures for ensuring that the
implementation of the programs does not result in duplicative
audits of contractor records.
(5) Policies regarding the types of contracts executive
agencies may use for the procurement of recovery services,
including guidance for use, in appropriate circumstances, of
a contingency contract pursuant to which the head of an
executive agency may pay a contractor an amount equal to a
percentage of the total amount collected for the United
States pursuant to that contract.
(6) Protections for a contractor's records and facilities
through restrictions on the authority of a contractor under a
contract for the procurement of recovery services for an
executive agency--
(A) to require the production of any record or information
by any person other than an officer, employee, or agent of
the executive agency;
(B) to establish, or otherwise have, a physical presence on
the property or premises of any private sector entity for the
purposes of performing the contract; or
(C) to act as agents for the Government in the recovery of
funds erroneously paid to contractors.
(7) Policies for the appropriate types of management
improvement programs authorized by section 815 that executive
agencies may carry out to address overpayment problems and
the recovery of overpayments.
SEC. 813. DISPOSITION OF RECOVERED FUNDS.
(a) Availability of Funds for Recovery Audits and
Activities Program.--Funds collected under a program carried
out by an executive agency under section 812 shall be
available to the executive agency, in such amounts as are
provided in advance in appropriations Acts, for the following
purposes:
(1) To reimburse the actual expenses incurred by the
executive agency in the administration of the program.
(2) To pay contractors for services under the program in
accordance with the guidance issued under section 812(c)(5).
(b) Funds Not Used for Program.--Any amounts erroneously
paid by an executive agency that are recovered under such a
program of an executive agency and are not used to reimburse
expenses or pay contractors under subsection (a)--
(1) shall be credited to the appropriations from which the
erroneous payments were made that remain available for
obligation as of the time such amounts were collected, shall
be merged with other amounts in those appropriations, and
shall be available for the purposes and period for which such
appropriations are available; or
[[Page H7064]]
(2) if no such appropriation remains available for
obligation at that time, shall be disposed of as provided in
subsection (c).
(c) Other Dispositions.--Of the total amount collected
under such a program of an executive agency that is to be
disposed of under this subsection--
(1) up to 25 percent of such amount may be expended by the
head of the executive agency for carrying out any management
improvement program of the executive agency under section
815; and
(2) the remainder of that total amount, including any
amount not expended under paragraph (1), shall be deposited
in the Treasury as miscellaneous receipts.
(d) Priority of Other Authorized Dispositions.--
Notwithstanding subsections (b) and (c), the authority under
such subsections may not be exercised to use, credit, or
deposit funds collected under such a program as provided in
those subsections to the extent that any other provision of
law requires or authorizes the crediting of such funds to a
nonappropriated fund instrumentality, revolving fund,
working-capital fund, trust fund, or other fund or account.
SEC. 814. SOURCES OF RECOVERY SERVICES.
(a) Consideration of Available Recovery Resources.--(1) In
carrying out a program under section 812, the head of an
executive agency shall consider all resources available to
that official to carry out the program.
(2) The resources considered by the head of an executive
agency for carrying out the program shall include the
resources available to the executive agency for such purpose
from the following sources:
(A) The executive agency.
(B) Other departments and agencies of the United States.
(C) Private sector sources.
(b) Compliance With Applicable Law and Regulations.--Before
entering into a contract with a private sector source for the
performance of services under a program of the executive
agency carried out under section 812, the head of an
executive agency shall comply with--
(1) any otherwise applicable provisions of Office of
Management and Budget Circular A-76; and
(2) any other applicable provision of law or regulation
with respect to the selection between employees of the United
States and private sector sources for the performance of
services.
SEC. 815. MANAGEMENT IMPROVEMENT PROGRAMS.
In accordance with guidance provided by the Director of the
Office of Management and Budget under section 812, the head
of an executive agency required to carry out a program under
section 812 may carry out a program for improving management
processes within the executive agency--
(1) to address problems that contribute directly to the
occurrence of errors in the paying of contractors of the
executive agency; or
(2) to improve the recovery of overpayments due to the
agency.
SEC. 816. REPORTS.
(a) Requirement for Reports.--Not later than 30 months
after the date of the enactment of this Act, and annually for
each of the first two years following the year of the first
report, the Director of the Office of Management and Budget
shall submit to the Committee on Government Reform of the
House of Representatives and the Committee on Governmental
Affairs of the Senate, a report on the implementation of this
subtitle.
(b) Content.--Each report shall include--
(1) a general description and evaluation of the steps taken
by the heads of executive agencies to carry out the programs
under this subtitle, including any management improvement
programs carried out under section 815;
(2) the costs incurred by executive agencies to carry out
the programs under this subtitle; and
(3) the amounts recovered under the programs under this
subtitle.
SEC. 817. RELATIONSHIP TO AUTHORITY OF INSPECTORS GENERAL.
Nothing in this subtitle shall be construed as impairing
the authority of an Inspector General under the Inspector
General Act of 1978 or any other provision of law.
SEC. 818. PRIVACY PROTECTIONS.
(a) Prohibition.--Any nongovernmental entity that, in the
course of recovery auditing or recovery activity under this
subtitle, obtains information that identifies an individual
or with respect to which there is a reasonable basis to
believe that the information can be used to identify an
individual, may not disclose the information for any purpose
other than such recovery auditing or recovery activity and
governmental oversight of such activity, unless disclosure
for that other purpose is authorized by the individual to the
executive agency that contracted for the performance of the
recovery auditing or recovery activity.
(b) Liability.--Any person that violates subsection (a)
shall be liable for any damages (including nonpecuniary
damages), costs, and attorneys fees incurred by the
individual as a result of the violation.
SEC. 819. DEFINITION.
In this subtitle, the term ``executive agency'' has the
meaning given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND
SUPPORT WORKFORCE
(a) Reduction of Defense Acquisition and Support
Workforce.--The Secretary of Defense shall accomplish
reductions in defense acquisition and support personnel
positions during fiscal year 2002 so that the total number of
such personnel as of October 1, 2002, is less than the total
number of such personnel as of October 1, 2001, by at least
13,000.
(b) Defense Acquisition Workforce Defined.--For purposes of
this section, the term ``defense acquisition and support
personnel'' has the meaning given that term in section 931(d)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2106).
SEC. 902. SENSE OF CONGRESS ON ESTABLISHMENT OF AN OFFICE OF
TRANSFORMATION IN THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) The Armed Forces should give careful consideration to
implementating transformation to meet operational challenges
and exploit opportunities resulting from changes in the
threat environment and the emergence of new technologies.
(2) A 1999 Defense Science Board report on transformation
concluded that there was no overall Department of Defense
vision for transformation, no road map, no metrics to measure
progress, and little sense of urgency.
(3) Historic case studies have shown that within the
military, as well as commercial enterprises, successful
transformation must be directed from the highest levels of an
organization.
(b) Sense of Congress on Establishment of Office of
Transformation.--It is the sense of Congress that the
Secretary of Defense should consider the establishment of an
Office of Transformation within the Office of the Secretary
of Defense to advise the Secretary on--
(1) development of force transformation strategies to
ensure that the military of the future is prepared to
dissuade potential military competitors and, if that fails,
to fight and win decisively across the spectrum of future
conflict;
(2) ensuring a continuous and broadly focused
transformation process;
(3) service and joint acquisition and experimentation
efforts, funding for experimentation efforts, promising
operational concepts and technologies, and other
transformation activities, as appropriate; and
(4) development of service and joint operational concepts,
transformation implementation strategies, and risk management
strategies.
(c) Sense of Congress on Funding.--It is the sense of
Congress that the Secretary of Defense should consider
providing funding adequate for sponsoring selective
prototyping efforts, wargames, and studies and analyses and
for appropriate staffing, as recommended by the director of
an Office of Transformation as described in subsection (b).
SEC. 903. REVISED JOINT REPORT ON ESTABLISHMENT OF NATIONAL
COLLABORATIVE INFORMATION ANALYSIS CAPABILITY.
(a) Revised Report.--At the same time as the submission of
the budget for fiscal year 2003 under section 1105 of title
31, United States Code, the Secretary of Defense and the
Director of Central Intelligence shall submit to the
congressional defense committees and the congressional
intelligence committees a revised report assessing
alternatives for the establishment of a national
collaborative information analysis capability.
(b) Matters Included.--The revised report shall cover the
same matters required to be included in the DOD/CIA report,
except that the alternative architectures assessed in the
revised report shall be limited to architectures that include
the participation of all Federal agencies involved in the
collection of intelligence. The revised report shall also
include a draft of legislation sufficient to carry out the
preferred architecture identified in the revised report.
(c) Officials To Be Consulted.--The revised report shall be
prepared after consultation with all appropriate Federal
officials, including the following:
(1) The Secretary of the Treasury.
(2) The Secretary of Commerce.
(3) The Secretary of State.
(4) The Attorney General.
(5) The Director of the Federal Bureau of Investigation.
(6) The Administrator of the Drug Enforcement
Administration.
(7) The Director of the Defense Threat Reduction Agency.
(8) The Director of the Defense Information Systems Agency.
(d) DOD/CIA Report Defined.--In this section, the term
``DOD/CIA report'' means the joint report required by section
933 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-
398; 114 Stat. 1654A-237).
SEC. 904. ELIMINATION OF TRIENNIAL REPORT BY CHAIRMAN OF THE
JOINT CHIEFS OF STAFF ON ROLES AND MISSIONS OF
THE ARMED FORCES.
(a) Repeal of Requirement for Separate Report by Chairman
of the Joint Chiefs of Staff.--Section 153 of title 10,
United States Code, is amended by striking subsection (b).
(b) Roles and Missions Considered as Part of Defense
Quadrennial Review.--Subsection 118(e) of such title is
amended--
[[Page H7065]]
(1) by inserting ``(1)'' before ``Upon the completion'';
(2) by designating the second and third sentences as
paragraph (3); and
(3) by inserting after paragraph (1), as designated by
paragraph (1) of this subsection, the following new
paragraph:
``(2) As part of his assessment under paragraph (1), the
Chairman shall provide his assessment of the assignment of
functions (or roles and missions) to the armed forces and
such recommendations for changes thereto as the Chairman
considers necessary to achieve maximum efficiency of the
armed forces. In preparing such assessment, the Chairman
shall consider (among other matters) the following:
``(A) Unnecessary duplication of effort among the armed
forces.
``(B) Changes in technology that can be applied effectively
to warfare.''.
SEC. 905. REPEAL OF REQUIREMENT FOR SEMIANNUAL REPORTS
THROUGH MARCH 2003 ON ACTIVITIES OF JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
Section 916 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-231) is repealed.
SEC. 906. CORRECTION OF REFERENCES TO AIR MOBILITY COMMAND.
(a) References in Title 10, United States Code.--Sections
2554(d) and 2555(a) of title 10, United States Code, are each
amended by striking ``Military Airlift Command'' and
inserting ``Air Mobility Command''.
(b) Repeal of Obsolete Provision.--Section 8074 of such
title is amended by striking subsection (c).
(c) References in Title 37, United States Code.--Sections
430(c) and 432(b) of title 37, United States Code, are each
amended by striking ``Military Airlift Command'' and
inserting ``Air Mobility Command''.
SEC. 907. ORGANIZATIONAL ALIGNMENT CHANGE FOR DIRECTOR FOR
EXPEDITIONARY WARFARE.
Section 5038(a) of title 10, United States Code, is amended
by striking ``Office of the Deputy Chief of Naval Operations
for Resources, Warfare Requirements, and Assessments'' and
inserting ``office of the Deputy Chief of Naval Operations
with responsibility for warfare requirements and programs''.
TITLE X--GENERAL PROVISIONS
Subtitle A--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 2002
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the Committee on Armed Services of the House of
Representatives to accompany its report on the bill H.R. 2586
of the One Hundred Seventh Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1003. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO
PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2002.
(a) Limitation.--Of the amounts authorized to be
appropriated by section 301(24) for the Overseas Contingency
Operations Transfer Fund--
(1) no more than $1,315,600,000 may be obligated for
incremental costs of the Armed Forces for Bosnia peacekeeping
operations; and
(2) no more than $1,528,600,000 may be obligated for
incremental costs of the Armed Forces for Kosovo peacekeeping
operations.
(b) Presidential Waiver.--The President may waive the
limitation in subsection (a)(1), or the limitation in
subsection (a)(2), after submitting to Congress the
following:
(1) The President's written certification that the waiver
is necessary in the national security interests of the United
States.
(2) The President's written certification that exercising
the waiver will not adversely affect the readiness of United
States military forces.
(3) A report setting forth the following:
(A) The reasons that the waiver is necessary in the
national security interests of the United States.
(B) The specific reasons that additional funding is
required for the continued presence of United States military
forces participating in, or supporting, Bosnia peacekeeping
operations, or Kosovo peacekeeping operations, as the case
may be, for fiscal year 2002.
(C) A discussion of the impact on the military readiness of
United States Armed Forces of the continuing deployment of
United States military forces participating in, or
supporting, Bosnia peacekeeping operations, or Kosovo
peacekeeping operations, as the case may be.
(4) A supplemental appropriations request for the
Department of Defense for such amounts as are necessary for
the additional fiscal year 2002 costs associated with United
States military forces participating in, or supporting,
Bosnia or Kosovo peacekeeping operations.
(c) Peacekeeping Operations Defined.--For the purposes of
this section:
(1) The term ``Bosnia peacekeeping operations'' has the
meaning given such term in section 1004(e) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2112).
(2) The term ``Kosovo peacekeeping operations''--
(A) means the operation designated as Operation Joint
Guardian and any other operation involving the participation
of any of the Armed Forces in peacekeeping or peace
enforcement activities in and around Kosovo; and
(B) includes, with respect to Operation Joint Guardian or
any such other operation, each activity that is directly
related to the support of the operation.
SEC. 1004. INCREASE IN LIMITATIONS ON ADMINISTRATIVE
AUTHORITY OF THE NAVY TO SETTLE ADMIRALTY
CLAIMS.
(a) Admiralty Claims Against the United States.--Section
7622 of title 10, United States Code, is amended--
(1) in subsections (a) and (b), by striking ``$1,000,000''
and inserting ``$15,000,000''; and
(2) in subsection (c), by striking ``$100,000'' and
inserting ``$1,000,000''.
(b) Admiralty Claims by the United States.--Section 7623 of
such title is amended--
(1) in subsection (a)(2), by striking ``$1,000,000'' and
inserting ``$15,000,000''; and
(2) in subsection (c), by striking ``$100,000'' and
inserting ``$1,000,000''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to any claim accruing on or after
February 1, 2001.
Subtitle B--Naval Vessels
SEC. 1011. REVISION IN TYPES OF EXCESS NAVAL VESSELS FOR
WHICH APPROVAL BY LAW IS REQUIRED FOR DISPOSAL
TO FOREIGN NATIONS.
(a) Revision in Vessel Threshold.--Section 7307 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``A naval vessel'' and
inserting ``Except as provided in subsection (b), a combatant
naval vessel'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Treatment of Vessels Held by Foreign Nations by Loan
or Lease.--Subsection (a) shall not apply to the disposal to
another nation of a vessel described in that subsection that,
at the time of the disposal, is held by the nation to which
the disposal is to be made pursuant to a loan or lease
arrangement made under section 61 of the Arms Export Control
Act (22 U.S.C. 2796) or any other provision of law.''; and
(4) by adding after subsection (c), as redesignated by
paragraph (2), the following new subsection:
``(d) Inapplicability of Vessel Disposals to Aggregate
Annual Value Limitations.--The value of a vessel transferred
to another country under an applicable provision of law as
described in subsection (c) shall not be counted for the
purposes of any aggregate limit on the value of articles
transferred to other countries under that provision of law
during any year (or other applicable period of time).''.
(b) Technical Amendments.--Subsection (a) of such section
is further amended--
(1) by striking ``Larger or Newer'' in the subsection
heading and inserting ``Certain Combatant; and
(2) by striking ``approved by law enacted after August 5,
1974'' and inserting ``specifically approved by law''.
[[Page H7066]]
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
Section 1022 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398; 114 Stat. 1654A-255) is amended--
(1) by inserting ``and April 15, 2002,'' after ``January 1,
2001,''; and
(2) by striking ``fiscal year 2000'' and inserting ``the
preceding fiscal year''.
SEC. 1022. AUTHORITY TO TRANSFER TRACKER AIRCRAFT CURRENTLY
USED BY ARMED FORCES FOR COUNTER-DRUG PURPOSES.
(a) Transfer Authority.--The Secretary of Defense may
transfer to the administrative jurisdiction and operational
control of another Federal agency all Tracker aircraft in the
inventory of the Department of Defense.
(b) Effect of Failure To Transfer.--If the transfer
authority provided by subsection (a) is not exercised by the
Secretary of Defense by September 30, 2002, any Tracker
aircraft remaining in the inventory of the Department of
Defense may not be used by the Armed Forces for counter-drug
purposes after that date.
SEC. 1023. AUTHORITY TO TRANSFER TETHERED AEROSTAT RADAR
SYSTEM CURRENTLY USED BY ARMED FORCES FOR
COUNTER-DRUG PURPOSES.
(a) Transfer Authority.--The Secretary of Defense may
transfer to the administrative jurisdiction and operational
control of another Federal agency the Tethered Aerostat Radar
System currently used by the Armed Forces in maritime, air,
and land counter-drug detection and monitoring.
(b) Effect of Failure To Transfer.--If the transfer
authority provided by subsection (a) is not exercised by the
Secretary of Defense by September 30, 2002, the Tethered
Aerostat Radar System may not be used by the Armed Forces for
counter-drug purposes after that date.
SEC. 1024. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRATION AND
NATURALIZATION SERVICE AND CUSTOMS SERVICE.
(a) Assignment Authority of Secretary of Defense.--Chapter
18 of title 10, United States Code, is amended by inserting
after section 374 the following new section:
``Sec. 374a. Assignment of members to assist border patrol
and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may
assign members of the Army, Navy, Air Force, and Marine Corps
to assist--
``(1) the Immigration and Naturalization Service in
preventing the entry of terrorists and drug traffickers into
the United States; and
``(2) the United States Customs Service in the inspection
of cargo, vehicles, and aircraft at points of entry into the
United States to prevent the entry of weapons of mass
destruction, components of weapons of mass destruction,
prohibited narcotics or drugs, or other terrorist or drug
trafficking items.
``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--
``(1) the assignment is at the request of the Attorney
General, in the case of an assignment to the Immigration and
Naturalization Service, or the Secretary of the Treasury, in
the case of an assignment to the United States Customs
Service; and
``(2) the request of the Attorney General or the Secretary
of the Treasury (as the case may be) is accompanied by a
certification by the President that the assignment of members
pursuant to the request is necessary to respond to a threat
to national security posed by the entry into the United
States of terrorists or drug traffickers.
``(c) Training Program Required.--The Attorney General or
the Secretary of the Treasury (as the case may be), together
with the Secretary of Defense, shall establish a training
program to ensure that members receive general instruction
regarding issues affecting law enforcement in the border
areas in which the members may perform duties under an
assignment under subsection (a). A member may not be deployed
at a border location pursuant to an assignment under
subsection (a) until the member has successfully completed
the training program.
``(d) Conditions of Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Immigration and
Naturalization Service or the United States Customs Service
is performing duties at a border location pursuant to the
assignment, a civilian law enforcement officer from the
agency concerned shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly known
as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Attorney General or the Secretary of the Treasury may
establish ongoing joint task forces when accompanied by a
certification by the President that the assignment of members
pursuant to the request to establish a joint task force is
necessary to respond to a threat to national security posed
by the entry into the United States of terrorists or drug
traffickers.
``(2) When established, any joint task force shall fully
comply with the standards as set forth in this section.
``(f) Notification Requirements.--The Attorney General or
the Secretary of the Treasury (as the case may be) shall
notify the Governor of the State in which members are to be
deployed pursuant to an assignment under subsection (a), and
local governments in the deployment area, of the deployment
of the members to assist the Immigration and Naturalization
Service or the United States Customs Service (as the case may
be) and the types of tasks to be performed by the members.
``(g) Reimbursement Requirement.--Section 377 of this title
shall apply in the case of members assigned under subsection
(a).
``(h) Termination of Authority.--No assignment may be made
or continued under subsection (a) after September 30,
2004.''.
(b) Commencement of Training Program.--The training program
required by subsection (b) of section 374a of title 10,
United States Code, shall be established as soon as
practicable after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
Subtitle D--Reports
SEC. 1031. REQUIREMENT THAT DEPARTMENT OF DEFENSE REPORTS TO
CONGRESS BE ACCOMPANIED BY ELECTRONIC VERSION.
(a) In General.--Chapter 23 of title 10, United States
Code, is amended by inserting after the table of sections the
following new section:
``Sec. 480. Department of Defense reports: submission in
electronic form
``(a) Requirement.--Whenever the Secretary of Defense or
any other official of the Department of Defense is required
by law to submit a report to Congress (or any committee of
either House of Congress), the Secretary or other official
shall provide to Congress (or each such committee) a copy of
the report in an electronic medium.
``(b) Exception.--Subsection (a) does not apply to a report
submitted in classified form.
``(c) Definition.--In this section, the term `report'
includes any certification, notification, or other
communication in writing.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 481 the following new item:
``480. Department of Defense reports: submission in electronic form.''.
SEC. 1032. REPORT ON DEPARTMENT OF DEFENSE ROLE IN HOMELAND
SECURITY MATTERS.
The Secretary of Defense shall conduct a study on the
appropriate role for the Department of Defense in homeland
security matters. The Secretary shall submit to the Congress
a report on the results of that study at the same time that
the budget of the President for fiscal year 2003 is submitted
to Congress.
SEC. 1033. REVISION OF ANNUAL REPORT TO CONGRESS ON NATIONAL
GUARD AND RESERVE COMPONENT EQUIPMENT.
The text of section 10541 of title 10, United States Code,
is amended to read as follows:
``(a) Requirement.--The Secretary of Defense shall submit
to Congress each year, not later than March 1, a written
report concerning the equipment of the National Guard and the
reserve components of the armed forces. Each such report
shall cover the current fiscal year and the three succeeding
years.
``(b) Matters To Be Included in Report.--Each report under
this section shall include the following (shown in the
aggregate and separately for each reserve component):
``(1) A list of major items of equipment required and on-
hand in the inventories of the reserve components.
``(2) A list of major items of equipment that are expected
to be procured from commercial sources or transferred from
the active component to the reserve components.
``(3) A statement of major items of equipment in the
inventories of the reserve components that are substitutes
for a required major item of equipment.
``(4) A narrative explanation of the plan of the Secretary
concerned to equip each reserve component, including an
explanation of the plan to equip units of the reserve
components that are short major items of equipment at the
outset of war or a contingency operation.
``(5) A narrative discussing the current status of the
compatibility and interoperability of equipment between the
reserve components and the active forces and the effect of
that level of compatibility or interoperability on combat
effectiveness, together with a plan to achieve full equipment
compatibility and interoperability.
``(6) A narrative discussing modernization shortfalls and
maintenance backlogs within the reserve components and the
effect of those shortfalls on combat effectiveness.
``(7) A narrative discussing the overall age and condition
of equipment currently in the inventory of the reserve
components.
``(c) Major Items of Equipment.--In this section, the term
`major items of equipment' includes ships, aircraft, combat
vehicles, and key combat support equipment.
[[Page H7067]]
``(d) Format and Level of Detail.--Each report under this
section shall be expressed in the same format and with the
same level of detail as the information presented in the
Future-Years Defense Program Procurement Annex prepared by
the Department of Defense.''.
Subtitle E--Other Matters
SEC. 1041. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.
(a) Additional Items Authorized To Be Donated by Secretary
of the Navy.--Section 7545 of title 10, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``Subject to'' and all that follows through
``by him,'' and inserting ``Authority To Make Loans and
Gifts.--The Secretary of the Navy'';
(B) by striking ``captured, condemned,'' and all that
follows through ``to--'' and inserting ``items described in
subsection (b) that are not needed by the Department of the
Navy to any of the following:''
(C) by capitalizing the first letter after the paragraph
designation in each of paragraphs (1) through (12);
(D) by striking the semicolon at the end of paragraphs (1)
through (10) and inserting a period;
(E) by striking ``; or'' at the end of paragraph (11) and
inserting a period;
(F) in paragraph (5), by striking ``World War I or World
War II'' and inserting ``a foreign war'';
(G) in paragraph (6), by striking ``soldiers' monument''
and inserting ``servicemen's monument''; and
(H) in paragraph (8), by inserting ``or memorial'' after
``a museum'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a) the following new
subsections:
``(b) Items Eligible for Disposal.--This section applies to
the following types of property held by the Department of the
Navy:
``(1) Captured, condemned, or obsolete ordnance material.
``(2) Captured, condemned, or obsolete combat or shipboard
material.
``(c) Regulations.--A loan or gift made under this section
shall be subject to regulations prescribed by the Secretary
of the Navy and to regulations under section 205 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 486).'';
(4) in subsection (d) (as redesignated by paragraph (2)),
by inserting ``Maintenance of the Records of the
Government.--'' after the subsection designation;
(5) in subsection (e) (as redesignated by paragraph (2)),
by inserting ``Alternative Authorities To Make Gifts or
Loans.--'' after the subsection designation; and
(6) by adding at the end the following new subsection:
``(f) Authority To Transfer a Portion of a Vessel.--The
Secretary may lend, give, or otherwise transfer any portion
of the hull or superstructure of a vessel stricken from the
Naval Vessel Register and designated for scrapping to a
qualified organization specified in subsection (a). The terms
and conditions of an agreement for the transfer of a portion
of a vessel under this section shall include a requirement
that the transferee will maintain the material conveyed in a
condition that will not diminish the historical value of the
material or bring discredit upon the Navy.''.
(b) Conforming Amendments.--Section 2572(a) of such title
is amended--
(1) in paragraph (2), by striking ``soldiers' monument''
and inserting ``servicemen's monument''; and
(2) in paragraph (4), by inserting ``or memorial'' after
``An incorporated museum''.
SEC. 1042. TERMINATION OF REFERENDUM REQUIREMENT REGARDING
CONTINUATION OF MILITARY TRAINING ON ISLAND OF
VIEQUES, PUERTO RICO, AND IMPOSITION OF
ADDITIONAL CONDITIONS ON CLOSURE OF LIVE-FIRE
TRAINING RANGE.
(a) In General.--Title XV of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted by
Public Law 106-398; 114 Stat. 1654A-348) is amended by
striking sections 1503, 1504, and 1505 and inserting the
following new sections:
``SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL TRAINING
RANGE.
``(a) Required Certification.--The Secretary of the Navy
may close the Vieques Naval Training Range on the island of
Vieques, Puerto Rico, and discontinue live-fire training at
that range only if--
``(1) the Chief of Naval Operations and the Commandant of
the Marine Corps jointly certify that there is an alternative
training facility that provides an equivalent or superior
level of training for units of the Navy and the Marine Corps
stationed or deployed in the eastern United States; and
``(2) the new facility is available and fully capable of
supporting such training immediately upon cessation of live-
fire training on Vieques.
``(b) Equivalent or Superior Level of Training Defined.--In
this section, the term `equal or superior level of training'
refers to an ability by the Armed Forces to conduct at a
single location coordinated live-fire training, including
simultaneous large-scale tactical air strikes, naval surface
fire support and artillery, and amphibious landing
operations, as was conducted at Vieques Naval Training Range
before April 19, 1999.
``SEC. 1504. NAVY RETENTION OF CLOSED VIEQUES NAVAL TRAINING
RANGE.
``(a) Retention.--If the conditions specified in section
1503(a) are satisfied and the Secretary of the Navy
terminates all Navy and Marine Corps training operations on
the island of Vieques, the Secretary of the Navy shall retain
administrative jurisdiction over the Live Impact Area and all
other Department of Defense real properties on the eastern
side of the island for possible reactivation for training
use, including live-fire training, in the event a national
emergency.
``(b) Administration.--The Secretary of the Navy may enter
into a cooperative agreement with the Secretary of the
Interior to provide for management of the property described
in subsection (a), pending reactivation for training use, by
appropriate agencies of the Department of the Interior as
follows:
``(1) Management of the Live Impact Area as a wilderness
area under the Wilderness Act (16 U.S.C. 1131 et seq.),
including a prohibition on public access to the area.
``(2) Management of the remaining property as wildlife
refuges under the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
``(c) Live Impact Area Defined.--In this section, the term
`Live Impact Area' means the parcel of real property,
consisting of approximately 900 acres (more or less), on the
island of Vieques that is designated by the Secretary of the
Navy for targeting by live ordnance in the training of forces
of the Navy and Marine Corps.''.
(b) Conforming Amendment.--Section 1507(c) of such Act is
amended by striking ``the issuance of a proclamation
described in section 1504(a) or''.
SEC. 1043. REPEAL OF LIMITATION ON REDUCTIONS IN PEACEKEEPER
ICBM MISSILES.
Subsection (a)(1) of section 1302 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85) is
amended by striking subparagraph (D).
SEC. 1044. TRANSFER OF VIETNAM ERA F-4 AIRCRAFT TO NONPROFIT
MUSEUM.
(a) Authority To Convey.--The Secretary of the Air Force
may convey, without consideration, to the nonprofit National
Aviation Museum and Foundation of Oklahoma (in this section
referred to as the ``museum''), all right, title, and
interest of the United States in and to one surplus F-4
aircraft that is flyable or that can be readily restored to
flyable condition. The conveyance shall be made by means of a
conditional deed of gift.
(b) Condition of Aircraft.--(1) The Secretary may not
convey ownership of an aircraft under subsection (a) until
the Secretary determines that the museum has altered the
aircraft in such manner as the Secretary determines necessary
to ensure that the aircraft does not have any capability for
use as a platform for launching or releasing munitions or any
other combat capability that it was designed to have.
(2) 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--
(1) a condition that the museum not convey any ownership
interest in, or transfer possession of, the aircraft to any
other party without the prior approval of the Secretary;
(2) a condition that the museum operate and maintain the
aircraft in compliance with all applicable limitations and
maintenance requirements imposed by the Administrator of the
Federal Aviation Administration; and
(3) a condition that if the Secretary determines at any
time that the museum has conveyed an ownership interest in,
or transferred possession of, the aircraft to any other party
without the prior approval of the Secretary, or has failed to
comply with the condition set forth in paragraph (2), 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 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. 1045. BOMBER FORCE STRUCTURE.
(a) Limitation.--None of the funds available to the
Department of Defense for fiscal year 2002 may be obligated
or expended for retiring or dismantling any of the 93 B-1B
Lancer bombers in service as of June 1, 2001, or for
transferring or reassigning any of those aircraft from the
unit or the facility to which assigned as of that date, until
each of the following has occurred:
(1) The President transmits to Congress a national security
strategy report under section 108 of the National Security
Act of 1947 (50 U.S.C. 4040) as required by subsection (a)(3)
of that section.
(2) The Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the Quadrennial
Defense Review (QDR) under section 118 of
[[Page H7068]]
title 10, United States Code, that under that section is
required to be submitted not later than September 30, 2001.
(3) The Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report that
provides--
(A) the changes in national security considerations from
those applicable to the air force bomber studies conducted
during 1992 and 1995 that warrant changes in the current
configuration of the bomber fleet; and
(B) the plans of the Department of Defense for assigning
new missions to the National Guard units that currently fly
B-1 aircraft and for the transition of those units and their
facilities from the current B-1 mission to their future
missions.
(4) The Secretary of Defense submits to Congress the annual
report of the Secretary for 2001 required by section 113(c)
of title 10, United States Code.
(5) The Secretary of Defense submits to Congress a report
on the results of the Revised Nuclear Posture Review
conducted under section 1042 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-262), as
required by subsection (c) of that section.
(6) The Secretary of Defense conducts, and submits to the
Committee on Armed Services of the Senate and Committee on
Armed Services of the House of Representatives a report on
the results of, a comprehensive study to determine--
(A) the role of manned bomber aircraft appropriate to meet
the requirements derived from the National Security Strategy
report referred to in paragraph (1);
(B) the amount and type of bomber force structure in the
United States Air Force appropriate to meet the requirements
derived from the National Security Strategy report referred
to in paragraph (1); and
(C) the most cost effective allocation of bomber force
structure, factoring in use of the reserve components of the
Air Force consistent with the requirements of the National
Security Strategy report referred to in paragraph (1).
(b) GAO Study and Report.--The Comptroller General of the
United States shall conduct a study on the same matters as
specified in subparagraphs (A), (B), and (C) of subsection
(a)(6). The Comptroller General shall submit to Congress a
report containing the results of that study not later than
180 days after the date of the submission of the report
referred to in subsection (a)(6)
(c) Definitions.--For purposes of this section:
(1) Amount and type of bomber force structure.--The term
``amount and type of bomber force structure'' means the
required numbers of B-2 aircraft, B-52 aircraft, and B-1
aircraft consistent with the requirements of the National
Security Strategy referred to in subsection (a)(1).
(2) Cost effective allocation of bomber force structure.--
The term ``cost effective allocation of bomber force
structure'' means the lowest cost for stationing,
maintaining, and operating the bomber fleet fully consistent
with the requirements of the National Security Strategy
referred to in subsection (a)(1).
SEC. 1046. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, are each
amended by striking the period after ``1111'' in the item
relating to chapter 56.
(2) Section 119(g)(2) is amended by striking ``National
Security Subcommittee'' and inserting ``Subcommittee on
Defense''.
(3) Section 130c(b)(3)(C) is amended by striking
``subsection (f)'' and inserting ``subsection (g)''.
(4) Section 176(a)(3) is amended by striking ``Chief
Medical Director'' and inserting ``Under Secretary for
Health''.
(5)(A) Section 503(c) is amended in paragraph (6)(A)(i) by
striking ``14101(18)'' and ``8801(18)'' and inserting
``14101'' and ``8801'', respectively.
(B) The amendment made by subparagraph (A) shall take
effect on July 1, 2002, immediately after the amendment to
such section effective that date by section 563(a) of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted by Public Law 106-398; 114 Stat. 131).
(6) Section 663(e) is amended--
(A) by striking ``Armed Forces Staff College'' in paragraph
(1) and inserting ``Joint Forces Staff College''; and
(B) by striking ``Armed Forces Staff College'' and
inserting ``Joint Forces Staff College''.
(7) Section 667(17) is amended by striking ``Armed Forces
Staff College'' both places it appears and inserting ``Joint
Forces Staff College''.
(8) Section 874(a) is amended by inserting after ``a
sentence of confinement for life without eligibility for
parole'' the following: ``that is adjudged for an offense
committed after October 29, 2000''.
(9) Section 1056(c)(2) is amended by striking ``, not later
than September 30, 1991,''.
(10) The table of sections at the beginning of chapter 55
is amended by transferring the item relating to section
1074i, as inserted by section 758(b) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-200), so as to
appear after the item relating to section 1074h.
(11) Section 1097a(e) is amended by striking ``section
1072'' and inserting ``section 1072(2)''.
(12) Sections 1111(a) and 1114(a)(1) are each amended by
striking ``hereafter'' and inserting ``hereinafter''.
(13) Section 1116 is amended--
(A) in subsection (a)(2)(B), by inserting an open
parenthesis before ``other than for training''; and
(B) in subsection (b)(2)(D), by striking ``section
111(c)(4)'' and inserting ``section 1115(c)(4)''.
(14) The heading for subchapter II of chapter 75 is
transferred within that chapter so as to appear before the
table of sections at the beginning of that subchapter (as if
the amendment made by section 721(c)(1) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 694) had inserted that heading following
section 1471 instead of before section 1475).
(15) Section 1611(d) is amended by striking ``with''.
(16) Section 2166(e)(9) is amended by striking ``App. 2''
and inserting ``App.''.
(17) Section 2323(a)(1)(C) is amended--
(A) by striking ``section 1046(3)'' and inserting ``section
365(3)'';
(B) by striking ``20 U.S.C. 1135d-5(3)'' and inserting ``20
U.S.C. 1067k''; and
(C) by striking ``, which, for the purposes of this
section'' and all that follows through the period at the end
and inserting a period.
(18) Section 2375(b) is amended by inserting ``(41 U.S.C.
430)'' after ``section 34 of the Office of Federal
Procurement Policy Act''.
(19) Section 2376(1) is amended by inserting ``(41 U.S.C.
403)'' after ``section 4 of the Office of Federal Procurement
Policy Act''.
(20) Section 2410f(a) is amended by inserting after
``inscription'' the following: ``, or another inscription
with the same meaning,''.
(21) Section 2461a(a)(2) is amended by striking
``effeciency'' and inserting ``efficiency''.
(22) Section 2467 is amended--
(A) in subsection (a)(2)--
(i) by striking ``, United States Code'' in subparagraph
(A); and
(ii) by striking ``such'' in subparagraphs (B) and (C); and
(B) in subsection (b)(2)(A), by striking ``United States
Code,''.
(23) Section 2535 is amended--
(A) in subsection (a)--
(i) by striking ``intent of Congress'' and inserting
``intent of Congress--'';
(ii) by realigning clauses (1), (2), (3), and (4) so that
each such clause appears as a separate paragraph indented two
ems from the left margin; and
(iii) in paragraph (1), as so realigned, by striking
``Armed Forces'' and inserting ``armed forces'';
(B) in subsection (b)(1)--
(i) by striking ``in this section, the Secretary is
authorized and directed to--'' and inserting ``in subsection
(a), the Secretary of Defense shall--''; and
(ii) by striking ``defense industrial reserve'' in
subparagraph (A) and inserting ``Defense Industrial
Reserve''; and
(C) in subsection (c)--
(i) by striking paragraph (1);
(ii) by redesignating paragraph (2) as paragraph (1) and in
that paragraph--
(I) by striking ``means'' and inserting ``means--'';
(II) by realigning clauses (A), (B), and (C) so that each
such clause appears as a separate subparagraph indented four
ems from the left margin; and
(III) by inserting ``and'' at the end of subparagraph (B),
as so realigned; and
(iii) by redesignating paragraph (3) as paragraph (2).
(24) Section 2541c is amended by striking ``subtitle'' both
places it appears in the matter preceding paragraph (1) and
inserting ``subchapter''.
(25) The second section 2555, added by section 1203(a) of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat.
1654A-324), is redesignated as section 2565, and the item
relating to that section in the table of sections at the
beginning of chapter 152 is revised to conform to such
redesignation.
(26) The second section 2582, added by section 1(a) of
Public Law 106-446 (114 Stat. 1932), is redesignated as
section 2583, and the item relating to that section in the
table of sections at the beginning of chapter 153 is revised
to conform to such redesignation.
(27)(A) Section 2693(a) is amended--
(i) in the matter preceding paragraph (1), by inserting
``of Defense'' after ``Secretary''; and
(ii) in paragraph (3)--
(I) by inserting ``to the Secretary of Defense'' after
``certifies'';
(II) by inserting ``(42 U.S.C. 3762a)'' after ``of 1968'';
and
(III) by striking ``to the public agencies referred to in
section 515(a)(1) or 515(a)(3) of title I of such Act'' and
inserting ``to a public agency referred to in paragraph (1)
or (3) of subsection (a) of such section''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 2693. Conveyance of certain property: Department of
Justice correctional options program''.
(ii) The item relating to such section in the table of
sections at the beginning of chapter 159 is amended to read
as follows:
[[Page H7069]]
``2693. Conveyance of certain property: Department of Justice
correctional options program.''.
(28) Section 3014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``67.''.
(29) Section 5014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``74.''.
(30) Section 8014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``60.''.
(31) Section 9783(e)(1) is amended by striking
``40101(a)(2)'' and inserting ``40102(a)(2)''.
(32) Section 12741(a)(2) is amended by striking
``received'' and inserting ``receive''.
(b) Amendments Relating to Change in Title of Under
Secretary of Defense for Acquisition, Technology, and
Logistics.--Title 10, United States Code, is further amended
as follows:
(1) Section 133a(b) is amended by striking ``shall assist
the Under Secretary of Defense for Acquisition and
Technology'' and inserting ``shall assist the Under Secretary
of Defense for Acquisition, Technology, and Logistics''.
(2) The following provisions are each amended by striking
``Under Secretary of Defense for Acquisition and Technology''
and inserting ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'': sections 139(c), 139(f),
171(a)(3), 179(a)(1), 1702, 1703, 1707(a), 1722(a),
1722(b)(2)(B), 1735(c)(1), 1737(c)(1), 1737(c)(2)(B),
1741(b), 1746(a), 1761(b)(4), 1763, 2302c(a)(2),
2304(f)(1)(B)(iii), 2304(f)(6)(B), 2311(c)(1), 2311(c)(2)(B),
2350a(b)(2), 2350a(e)(1)(A), 2350a(e)(2)(B), 2350a(f)(1),
2399(b)(3), 2435(b), 2435(d)(2), 2521(a), and 2534(i)(3).
(3)(A) The heading for section 1702 is amended to read as
follows:
``Sec. 1702. Under Secretary of Defense for Acquisition,
Technology, and Logistics: authorities and
responsibilities''.
(B) The item relating to section 1702 in the table of
sections at the beginning of subchapter I of chapter 87 is
amended to read as follows:
``1702. Under Secretary of Defense for Acquisition, Technology, and
Logistics: authorities and responsibilities.''.
(4) Section 2503(b) is amended by striking ``Under
Secretary of Defense for Acquisition'' and inserting ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics''.
(c) Amendments To Substitute Calendar Dates for Date-of-
Enactment References.--Title 10, United States Code, is
further amended as follows:
(1) Section 130c(d)(1) is amended by striking ``the date of
the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001'' and inserting
``October 30, 2000,''.
(2) Section 184(a) is amended by striking ``the date of the
enactment of this section,'' and inserting ``October 30,
2000,''.
(3) Section 986(a) is amended by striking ``the date of the
enactment of this section,'' and inserting ``October 30,
2000,''.
(4) Section 1074g(a)(8) is amended by striking ``the date
of the enactment of this section'' and inserting ``October 5,
1999,''.
(5) Section 1079(h)(2) is amended by striking ``the date of
the enactment of this paragraph'' and inserting ``February
10, 1996,''.
(6) Section 1206(5) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2000,'' and inserting ``October 5, 1999,''.
(7) Section 1405(c)(1) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1995,'' and inserting ``October 5, 1994,''.
(8) Section 1407(f)(2) is amended by striking ``the date of
the enactment of this subsection--'' and inserting ``October
30, 2000--''.
(9) Section 1408(d)(6) is amended by striking ``the date of
the enactment of this paragraph'' and inserting ``August 22,
1996,''.
(10) Section 1511(b) is amended by striking ``the date of
the enactment of this chapter.'' and inserting ``February 10,
1996.''.
(11) Section 2461a(b)(1) is amended by striking ``the date
of the enactment of this section,'' and inserting ``October
30, 2000,''.
(12) Section 4021(c)(1) is amended by striking ``the date
of the enactment of this section.'' and inserting ``November
29, 1989.''.
(13) Section 6328(a) is amended by striking ``the date of
the enactment of this section'' and inserting ``February 10,
1996,''.
(14) Section 7439 is amended--
(A) in subsection (a)(2), by striking ``one year after the
date of the enactment of this section,'' and inserting
``November 18, 1998,'';
(B) in subsection (b)(1), by striking ``the date of the
enactment of this section,'' and inserting ``November 18,
1997,'';
(C) in subsection (b)(2), by striking ``the end of the one-
year period beginning on the date of the enactment of this
section.'' and inserting ``November 18, 1998.''; and
(D) in subsection (f)(2), by striking ``the date of the
enactment of this section'' and inserting ``November 18,
1997,''.
(15) Section 12533 is amended--
(A) in each of subsections (b) and (c)(1), by striking
``the date of the enactment of this section.'' and inserting
``November 18, 1997.''; and
(B) in each of subsections (c)(2) and (d), by striking
``the date of the enactment of this section'' and inserting
``November 18, 1997,''.
(16) Section 12733(3) is amended--
(A) in subparagraph (B), by striking ``the date of the
enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001;'' and inserting
``October 30, 2000;''; and
(B) in subparagraph (C), by striking ``the date of the
enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001'' and inserting
``October 30, 2000,''.
(d) Amendments Relating to Change in Title of McKinney-
Vento Homeless Assistance Act.--The following provisions are
each amended by striking ``Stewart B. McKinney Homeless
Assistance Act'' and inserting ``McKinney-Vento Homeless
Assistance Act'':
(1) Sections 2814(j)(2), 2854a(d)(2), and 2878(d)(4) of
title 10, United States Code.
(2) Sections 2905(b)(6)(A) and 2910(11) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
(3) Section 204(b)(6)(A) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note).
(4) Section 2915(c)(10) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 2687 note).
(5) Section 2(e)(4)(A) of the Base Closure Community
Redevelopment and Homeless Assistance Act of 1994 (Public Law
103-421; 10 U.S.C. 2687 note).
(6) Section 1053(a) of the National Defense Authorization
Act for Fiscal Year 1997 (110 Stat. 2650).
(e) Amendments To Repeal Obsolete Provisions.--Title 10,
United States Code, is further amended as follows:
(1) Section 1144 is amended--
(A) in subsection (a)(3), by striking the second sentence;
and
(B) by striking subsection (e).
(2) Section 1581(b) is amended--
(A) by striking ``(1)'' and all that follows through ``The
Secretary of Defense shall deposit'' and inserting ``The
Secretary of Defense shall deposit''; and
(B) by striking ``on or after December 5, 1991,''.
(3) Subsection (e) of section 1722 is repealed.
(4) Subsection 1732(a) is amended by striking the second
sentence.
(5) Section 1734 is amended--
(A) in subsection (b)(1)(B), by striking ``on and after
October 1, 1991,''; and
(B) in subsection (e)(2), by striking the last sentence.
(6)(A) Section 1736 is repealed.
(B) The table of sections at the beginning of subchapter
III of chapter 87 is amended by striking the item relating to
section 1736.
(7)(A) Sections 1762 and 1764 are repealed.
(B) The table of sections at the beginning of subchapter V
of chapter 87 is amended by striking the items relating to
sections 1762 and 1764.
(8) Section 2112(a) is amended by striking ``, with the
first class graduating not later than September 21, 1982''.
(9) Section 2218(d)(1) is amended by striking ``for fiscal
years after fiscal year 1993''.
(10)(A) Section 2468 is repealed.
(B) The table of sections at the beginning of chapter 146
is amended by striking the item relating to section 2468.
(11) Section 2832 is amended--
(A) by striking ``(a)'' before ``The Secretary of
Defense''; and
(B) by striking subsection (b).
(12) Section 7430(b)(2) is amended--
(A) by striking ``at a price less than'' and all that
follows through ``the current sales price'' and inserting
``at a price less than the current sales price'';
(B) by striking ``; or'' and inserting a period; and
(C) by striking subparagraph (B).
(f) Public Law 106-398.--Effective as of October 30, 2000,
and as if included therein as enacted, the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398) is amended as
follows:
(1) Section 525(b)(1) (114 Stat. 1654A-109) is amended by
striking ``subsection (c)'' and inserting ``subsections (a)
and (b)''.
(2) Section 1152(c)(2) (114 Stat. 1654A-323) is amended by
inserting ``inserting'' after ``and''.
(g) Public Law 106-65.--Effective as of October 5, 1999,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) is
amended as follows:
(1) Section 531(b)(2)(A) (113 Stat. 602) is amended by
inserting ``in subsection (a),'' after ``(A)''.
(2) Section 549(a)(2) (113 Stat. 611) is amended by
striking ``such chapter'' and inserting ``chapter 49 of title
10, United States Code,''.
(3) Section 576(a)(3) (10 U.S.C. 1501 note; 113 Stat. 625)
is amended by adding a period at the end.
(4) Section 577(a)(2) (113 Stat. 625) is amended by
striking ``bad conduct'' in the first quoted matter and
inserting ``bad-conduct''.
(5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302 note; 113 Stat.
709) is amended by striking ``Mentor-Protegee'' and inserting
``Mentor-Protege''.
(6) Section 1052(b)(1) (113 Stat. 764) is amended by
striking `` `The Department'' and inserting ``the
`Department''.
(7) Section 1053(a)(5) (10 U.S.C. 113 note; 113 Stat. 764)
is amended by inserting ``and'' before ``Marines''.
(8) Section 1402(f)(2)(A) (22 U.S.C. 2778 note; 113 Stat.
799) is amended by striking ``3201 note'' and inserting
``6305(4)''.
[[Page H7070]]
(9) Section 2902(d) (10 U.S.C. 111 note; 113 Stat. 882) is
amended by striking ``section 2871(b)'' and inserting
``section 2881(b)''.
(h) Public Law 102-484.--The National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484) is amended as
follows:
(1) Section 3161(c)(6)(C) (42 U.S.C. 7274h(c)(6)(C)) is
amended by striking ``title IX of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3241 et seq.)''
and inserting ``title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.)''.
(2) Section 4416(b)(1) (10 U.S.C. 12681 note) is amended by
striking ``force reduction period'' and inserting ``force
reduction transition period''.
(3) Section 4461(5) (10 U.S.C. 1143 note) is amended by
adding a period at the end.
(i) Other Laws.--
(1) Section 1083(c) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 113
note) is amended by striking ``Names'' and inserting
``Name''.
(2) Section 845(d)(1)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
10 U.S.C. 2371 note) is amended by inserting a closed
parenthesis after ``41 U.S.C. 414(3))''.
(3) Section 1123(b) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103
Stat. 1556) is amended by striking ``Armed Forces Staff
College'' each place it appears and inserting ``Joint Forces
Staff College''.
(4) Section 1412(g)(2)(C)(vii) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)(2)(C)(vii)) is
amended by striking ``(c)(3)'' and inserting ``(c)(4)''.
(5) Section 8336 of title 5, United States Code, is
amended--
(A) in subsection (d)(2), by striking ``subsection (o)''
and inserting ``subsection (p)''; and
(B) by redesignating the second subsection (o), added by
section 1152(a)(2) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398; 114 Stat. 1654A-320), as subsection (p).
(6) Section 9001(3) of title 5, United States Code, is
amended by striking ``and'' at the end of subparagraph (A)
and inserting ``or''.
(7) Section 318(h)(3) of title 37, United States Code, is
amended by striking ``subsection (a)'' and inserting
``subsection (b)''.
(8) Section 3695(a)(5) of title 38, United States Code, is
amended by striking ``1610'' and inserting ``1611''.
(9) Section 13(b) of the Peace Corps Act (22 U.S.C.
2512(b)) is amended by striking ``, subject to section 5532
of title 5, United States Code''.
(10) Section 127(g)(6) of the Trade Deficit Review
Commission Act (19 U.S.C. 2213 note), as amended by section
311(b) of the Legislative Branch Appropriations Act, 2000
(Public Law 106-57; 113 Stat. 428), is amended--
(A) by striking ``authorities.--'' and all that follows
through ``An individual'' and inserting ``authorities.--An
individual''; and
(B) by striking subparagraph (B).
(11) Section 28 of the Atomic Energy Act of 1954 (42 U.S.C.
2038) is amended in the last sentence by striking '', subject
to'' and all that follows through the period at the end and
inserting a period.
(12) Section 3212 of the National Nuclear Security
Administration Act (50 U.S.C. 2402) is amended by
redesignating the second subsection (e), added by section
3159(a) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted by Public Law 106-398;
114 Stat. 1654A-469), as subsection (f).
SEC. 1047. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL
OCEANOGRAPHIC LABORATORY SYSTEM.
Subsection (g) of section 2667 of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) Paragraph (1) does not apply to a renewal or
extension of a lease by the Secretary of the Navy with a
selected institution for operation of a ship within the
University National Oceanographic Laboratory System if, under
the lease, each of the following applies:
``(A) Use of the ship is restricted to federally supported
research programs and to non-Federal uses under specific
conditions with approval by the Secretary of the Navy.
``(B) Because of the anticipated value to the Navy of the
oceanographic research and training that will result from the
ship's operation, no monetary lease payments are required
from the lessee under the initial lease or under any renewal
or extension.
``(C) The lessee is required to maintain the ship in a good
state of repair, readiness, and efficient operating
condition, conform to all applicable regulatory requirements,
and assume full responsibility for the safety of the ship,
its crew, and scientific personnel aboard.''.
SEC. 1048. SENSE OF CONGRESS REGARDING CONTINUED UNITED
STATES COMMITMENT TO RESTORING LAFAYETTE
ESCADRILLE MEMORIAL, MARNES LA-COGUETTE,
FRANCE.
(a) Findings.--Congress finds the following:
(1) The Lafayette Escadrille, an aviation squadron within
the French Lafayette Flying Corps, was formed April 16, 1916.
(2) The Lafayette Escadrille consisted of aviators from the
United States who volunteered to fight for the people of
France during World War I.
(3) 265 volunteers from the United States served in the
Lafayette Flying Corps, completing 3,000 combat sorties and
amassing nearly 200 victories.
(4) The Lafayette Escadrille won 4 Legions of Honor, 7
Medailles Militaires, and 31 citations, each with a Croix de
Guerre.
(5) In 1918, command of the Lafayette Escadrille was
transferred to the United States, where the Lafayette
Escadrille became the combat air force of the United States.
(6) In 1921, a Franco-American committee was organized to
locate a final resting place for the 68 United States
aviators who lost their lives flying for France during World
War I.
(7) The Lafayette Escadrille Memorial was dedicated on July
4, 1928, in honor of all United States aviators who flew for
France during World War I.
(8) The Lafayette Escadrille Memorial Foundation, located
in the United States and in France, was founded by Nelson
Cromwell in 1930 and endowed with a $1,500,000 trust for the
maintenance and upkeep of the Lafayette Escadrille Memorial.
(9) Environmental conditions have contributed to structural
damage to, and the overall degradation of, the Lafayette
Escadrille Memorial, preventing the holding of memorial
services inside the crypt.
(10) The French Government has pledged funds to support a
restoration of the Lafayette Escadrille Memorial.
(11) The Lafayette Escadrille Memorial should be restored
to its original beauty to honor all the United States
aviators who flew for France during World War I and to
demonstrate the respect of the United States for the
sacrifices made by all Americans who have served our Nation
and our allies.
(b) Sense of Congress.--It is the sense of Congress that
the United States should continue to honor its commitment to
the United States aviators who lost their lives flying for
France during World War I by appropriating sufficient funds
to restore the Lafayette Escadrille Memorial in Marnes La-
Coguette, France.
SEC. 1049. DESIGNATION OF FIREFIGHTER ASSISTANCE PROGRAM IN
HONOR OF FLOYD D. SPENCE, A FORMER MEMBER OF
THE HOUSE OF REPRESENTATIVES, AND SENSE OF
CONGRESS ON NEED TO CONTINUE THE PROGRAM.
(a) Designation.--Section 33(b)(2)(A) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(2)(A))
is amended--
(1) by inserting ``and designation'' after
``Establishment''; and
(2) by adding at the end the following new sentence: ``The
program of firefighter assistance administered by the Office
shall be known as the `Floyd D. Spence Memorial Domestic
Defenders Initiative'.''.
(b) Sense of Congress.--The firefighters assistance grant
program authorized by section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229) is
recognized as having served as an effective device in
Congress' ongoing effort to address the needs of America's
fire service, and it is the sense of Congress that the
program should be reauthorized for fiscal year 2003 and
subsequent fiscal years at a higher level of funding.
SEC. 1050. SENSE OF CONGRESS ON IMPLEMENTATION OF FUEL
EFFICIENCY REFORMS IN DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) The Federal Government is the largest single energy
user in the United States, and the Department of Defense is
the largest energy user among all Federal agencies.
(2) The Department of Defense consumed 595,000,000,000,000
BTUs of petroleum in fiscal year 1999, while all other
Federal agencies combined consumed 56,000,000,000,000 BTUs of
petroleum.
(3) The total cost of petroleum to the Department of
Defense amounted to $3,600,000,000 in fiscal year 2000.
(4) Increased fuel efficiency would reduce the cost of
delivering fuel to military units during operations and
training and allow a corresponding percentage of defense
dollars to be reallocated to logistic shortages and other
readiness needs.
(5) Increased fuel efficiency would decrease the time
needed to assemble military units, would increase unit
flexibility, and would allow units to remain in the field for
a longer period of time.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should work to implement fuel
efficiency reforms, as recommended by the Defense Science
Board report, which 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.
SEC. 1051. PLAN FOR SECURING RUSSIA'S NUCLEAR WEAPONS,
MATERIAL, AND EXPERTISE.
(a) Plan for Nonproliferation Programs With Russia.--Not
later than June 15, 2002, the President shall submit to
Congress a plan--
(1) for cooperation with Russia on disposition as soon as
practicable of nuclear weapons and weapons-usable nuclear
material in Russia that Russia does not retain in its nuclear
arsenal; and
[[Page H7071]]
(2) to prevent the outflow from Russia of scientific
expertise that could be used for developing nuclear weapons
or other weapons of mass destruction, including delivery
systems.
(b) Content of Plan.--The plan required by subsection (a)
shall include the following:
(1) Specific goals and measurable objectives for the
programs that are designed to carry out the objectives
specified in paragraphs (1) and (2) of subsection (a).
(2) Criteria for success for those programs and a strategy
for eventual termination of United States contributions to
those programs and assumption of the ongoing support of those
programs by Russia.
(3) A description of any administrative and organizational
changes necessary to improve the coordination and
effectiveness of the programs to be implemented under the
plan.
(4) An estimate of the cost of carrying out those programs.
(c) Consultation With Russia.--In developing the plan
required by subsection (a), the President shall consult with
Russia regarding the practicality of various options.
(d) Consultation With Congress.--In developing the plan
required by subsection (a), the President shall consult with
the majority and minority leadership of the appropriate
committees of Congress.
SEC. 1052. TWO-YEAR EXTENSION OF ADVISORY PANEL TO ASSESS
DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM
INVOLVING WEAPONS OF MASS DESTRUCTION.
Section 1405 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 2301 note)
is amended--
(1) in subsection (h)(2), by striking ``2001'' and
inserting ``2003''; and
(2) in subsection (l), by striking ``three years'' and
inserting ``five years''.
SEC. 1053. ACTION TO PROMOTE NATIONAL DEFENSE FEATURES
PROGRAM.
(a) Findings.--The Congress finds the following:
(1) The National Defense Features program, which is funded
from the National Defense Sealift Fund established by section
2218 of title 10, United States Code, is a constituent
element of the defense policy of the United States intended
to provide essential sealift capacity in emergencies,
strengthen the national shipbuilding base, and maintain a
resource of highly trained merchant seamen.
(2) Implementation of the National Defense Features program
would provide significant benefits both for the United States
and for allied nations during military contingencies.
(3) For the United States and nations allied with the
United States to realize these benefits, it is essential that
vessels built under that program enjoy commercial
opportunities in peacetime on trade routes between the United
States and allied nations and that those vessels not be
excluded from such opportunities through restrictive trade
practices.
(4) The failure of vessels built, or to be built, under the
National Defense Features program to obtain employment as
common carriers or contract carriers in the particular sector
of any trade route in the foreign commerce of the United
States for which they are designed to operate, together with
long-term domination of that sector of the trade route by
citizens of an allied nation, evidences the existence of
restrictive trade practices.
(b) Action to Promote Program.--In any case in which the
Secretary of Defense finds the existence of the conditions
determined by subsection (a)(4) to prove the existence of
restrictive trade practices, the Secretary shall certify the
csae to the Federal Maritime Commission, which thereupon, in
consultation with the Secretary, shall take action to
counteract such practices, utilizing all remedies available
under section 10002(e)(1) of the Foreign Shipping Practices
Act of 1988 (46 U.S.C. App. 1710a).
SEC. 1054. AMENDMENTS RELATING TO COMMISSION ON THE FUTURE OF
THE UNITED STATES AEROSPACE INDUSTRY.
(a) Deadline for Report.--Subsection (d)(1) of section 1092
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-302) is amended by striking ``March 1, 2002''
and inserting ``one year after the date of the first official
meeting of the Commission''.
(b) Termination of Commission.--Subsection (g) of such
section is amended by striking ``30 days'' and inserting ``60
days''.
SEC. 1055. AUTHORITY TO ACCEPT MONETARY CONTRIBUTIONS FOR
REPAIR AND RECONSTRUCTION OF PENTAGON
RESERVATION.
Section 2674(e) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The Secretary of Defense may accept monetary
contributions made for the purpose of assisting to finance
the repair and reconstruction of the Pentagon Reservation
following the terrorist attack that occurred on September 11,
2001. The Secretary shall deposit such contributions in the
Fund.''; and
(3) in paragraph (3), as redesignated, by inserting at the
end the following new sentence: ``However, contributions
accepted under paragraph (2) shall be available for
expenditure only for the purpose specified in such
paragraph.''.
TITLE XI--CIVILIAN PERSONNEL
SEC. 1101. UNDERGRADUATE TRAINING PROGRAM FOR EMPLOYEES OF
THE NATIONAL IMAGERY AND MAPPING AGENCY.
(a) Authority To Carry Out Training Program.--Subchapter
III of chapter 22 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 462. Undergraduate training program
``(a) Authority To Carry Out Program.--The Secretary of
Defense may authorize the Director of the National Imagery
and Mapping Agency to establish an undergraduate training
program under which civilian employees of the National
Imagery and Mapping Agency may be assigned as students at
accredited professional, technical, and other institutions of
higher learning for training at the undergraduate level in
skills critical to effective performance of the mission of
the National Imagery and Mapping Agency. Such training may
lead to the award of a baccalaureate degree.
``(b) Purpose.--The purpose of the program authorized by
subsection (a) is to facilitate the recruitment of
individuals, particularly minority high school students, with
a demonstrated capability to develop skills critical to the
mission of the National Imagery and Mapping Agency, including
skills in mathematics, computer science, engineering, and
foreign languages.
``(c) Requirements.--(1) To be eligible for assignment
under subsection (a), an employee of the National Imagery and
Mapping Agency must agree in writing--
``(A) to continue in the service of the National Imagery
and Mapping Agency for the period of the assignment and to
complete the educational course of training for which the
employee is assigned;
``(B) to continue in the service of the National Imagery
and Mapping Agency following completion of the assignment for
a period of one-and-a-half years for each year of the
assignment or part thereof;
``(C) to reimburse the United States for the total cost of
education (excluding the employee's pay and allowances)
provided under this section to the employee if, before the
employee's completing the educational course of training for
which the employee is assigned, the assignment or the
employee's employment with the National Imagery and Mapping
Agency is terminated either by the National Imagery and
Mapping Agency due to misconduct by the employee or by the
employee voluntarily; and
``(D) to reimburse the United States if, after completing
the educational course of training for which the employee is
assigned, the employee's employment with the National Imagery
and Mapping Agency is terminated either by the National
Imagery and Mapping Agency due to misconduct by the employee
or by the employee voluntarily, before the employee's
completion of the service obligation period described in
subparagraph (B), in an amount that bears the same ratio to
the total cost of the education (excluding the employee's pay
and allowances) provided to the employee as the unserved
portion of the service obligation period described in
subparagraph (B) bears to the total period of the service
obligation described in subparagraph (B).
``(2) Subject to paragraph (3), the obligation to reimburse
the United States under an agreement described in paragraph
(1), including interest due on such obligation, is for all
purposes a debt owing the United States.
``(3)(A) A discharge in bankruptcy under title 11, United
States Code, shall not release a person from an obligation to
reimburse the United States required under an agreement
described in paragraph (1) if the final decree of the
discharge in bankruptcy is issued within five years after the
last day of the combined period of service obligation
described in subparagraphs (A) and (B) of paragraph (1).
``(B) The Secretary of Defense may release a person, in
whole or in part, from the obligation to reimburse the United
States under an agreement described in paragraph (1) when, in
his discretion, the Secretary determines that equity or the
interests of the United States so require.
``(C) The Secretary of Defense shall permit an employee
assigned under this section who, before commencing a second
academic year of such assignment, voluntarily terminates the
assignment or the employee's employment with the National
Imagery and Mapping Agency, to satisfy his obligation under
an agreement described in paragraph (1) by reimbursing the
United States according to a schedule of monthly payments
which results in completion of reimbursement by a date five
years after the date of termination of the assignment or
employment or earlier at the option of the employee.
``(d) Disclosure Required.--(1) When an employee is
assigned under this section to an institution, the Secretary
shall disclose to the institution to which the employee is
assigned that the National Imagery and Mapping Agency employs
the employee and that the National Imagery and Mapping Agency
funds the employee's education.
``(2) Efforts by the Secretary to recruit individuals at
educational institutions for participation in the
undergraduate training program established by this section
shall be made openly and according to the common practices of
universities and employers recruiting at such institutions.
``(e) Appropriation of Funds Required.--The Secretary may
pay, directly or by reimbursement to employees, expenses
incident
[[Page H7072]]
to assignments under subsection (a), in any fiscal year only
to the extent that appropriated funds are available for such
purpose.
``(f) Inapplicability of Certain Laws.--Chapter 41 of title
5 and subsections (a) and (b) of section 3324 of title 31
shall not apply with respect to this section.
``(g) Regulations.--The Secretary of Defense may prescribe
such regulations as may be necessary to implement this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``462. Undergraduate training program.''.
SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING EXPENSES.
(a) Authority To Carry Out Pilot Program.--(1) The
Secretary of Defense may establish a pilot program to
facilitate the reemployment of eligible employees of the
Department of Defense who are involuntarily separated due to
a reduction in force, relocation as a result of a transfer of
function, realignment, or change of duty station. Under the
pilot program, the Secretary may pay retraining incentives to
encourage non-Federal employers to hire and retain such
eligible employees.
(2) Under the pilot program, the Secretary may enter into
an agreement with a non-Federal employer under which the
employer agrees--
(A) to employ an eligible employee for at least 12 months
at a salary that is mutually agreeable to the employer and
the eligible employee; and
(B) to certify to the Secretary the amount of costs
incurred by the employer for any necessary training (as
defined by the Secretary) provided to such eligible employee
in connection with the employment.
(3) The Secretary may pay a retraining incentive to the
non-Federal employer upon the employee's completion of 12
months of continuous employment with that employer. The
Secretary shall determine the amount of the incentive, except
that in no event may such amount exceed the amount certified
with respect to such eligible employee under paragraph
(2)(A), or $10,000, whichever is greater.
(4) In a case in which an eligible employee does not remain
employed by the non-Federal employer for at least 12 months,
the Secretary may pay to the employer a prorated amount of
what would have been the full retraining incentive if the
eligible employee had remained employed for such 12-month
period.
(b) Eligible Employees.--For purposes of this section, an
eligible employee is an employee of the Department of
Defense, serving under an appointment without time
limitation, who has been employed by the Department for a
continuous period of at least 12 months and who has been
given notice of separation pursuant to a reduction in force,
relocation as a result of a transfer of function,
realignment, or change of duty station, except that such term
does not include--
(1) a reemployed annuitant under the retirement systems
described in subchapter III of chapter 83 of title 5, United
States Code, or chapter 84 of such title, or another
retirement system for employees of the Federal Government;
(2) an employee who, upon separation from Federal service,
is eligible for an immediate annuity under subchapter III of
chapter 83 of such title, or subchapter II of chapter 84 of
such title; or
(3) an employee who is eligible for disability retirement
under any of the retirement systems referred to in paragraph
(1).
(c) Duration.--No incentive may be paid under the pilot
program for training commenced after September 30, 2005.
(d) Definitions.--In this section:
(1) The term ``non-Federal employer'' means an employer
that is not an Executive agency, as defined in section 105 of
title 5, United States Code, or an entity in the legislative
or judicial branch of the Federal Government.
(2) The term ``reduction in force'' has the meaning of that
term as used in chapter 35 of such title 5.
(3) The term ``realignment'' has the meaning given that
term in section 2910 of the Defense Base Closure and
Realignment Act of 1990 (title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
SEC. 1103. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL
CREDENTIALS.
(a) In General.--Chapter 57 of title 5, United States Code,
is amended by adding at the end the following new section:
``Sec. 5757. Payment of expenses to obtain professional
credentials
``(a) An agency may use appropriated funds or funds
otherwise available to the agency to pay for--
``(1) expenses for employees to obtain professional
credentials, including expenses for professional
accreditation, State-imposed and professional licenses, and
professional certification; and
``(2) examinations to obtain such credentials.
``(b) The authority under subsection (a) may not be
exercised on behalf of any employee occupying or seeking to
qualify for appointment to any position that is excepted from
the competitive service because of the confidential, policy-
determining, policy-making, or policy-advocating character of
the position.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``5757. Payment of expenses to obtain professional credentials.''.
SEC. 1104. RETIREMENT PORTABILITY ELECTIONS FOR CERTAIN
DEPARTMENT OF DEFENSE AND COAST GUARD
EMPLOYEES.
(a) Civil Service Retirement System.--Section 8347(q) of
title 5, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``has 5 or more years
of civilian service creditable under'' and inserting ``is
employed subject to''; and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term `vested participant' is
defined by such system''.
(b) Federal Employees' Retirement System.--Section 8461(n)
of such title is amended--
(1) in paragraph (1)(B), by striking ``has 5 or more years
of civilian service creditable under'' and inserting ``is
employed subject to''; and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term `vested participant' is
defined by such system''.
SEC. 1105. REMOVAL OF REQUIREMENT THAT GRANTING CIVIL SERVICE
COMPENSATORY TIME BE BASED ON AMOUNT OF
IRREGULAR OR OCCASIONAL OVERTIME WORK.
Section 5543 of title 5, United States Code, is amended by
striking ``irregular or occasional'' in each place such words
appear.
SEC. 1106. APPLICABILITY OF CERTAIN LAWS TO CERTAIN
INDIVIDUALS ASSIGNED TO WORK IN THE FEDERAL
GOVERNMENT.
Section 3374(c)(2) of title 5, United States Code, is
amended by inserting ``the Ethics in Government Act of 1978,
section 1043 of the Internal Revenue Code of 1986, section 27
of the Office of Federal Procurement Policy Act,'' after
``chapter 73 of this title,''.
SEC. 1107. LIMITATION ON PREMIUM PAY.
Section 5547 of title 5, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) An employee may be paid premium pay under sections
5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) of
this title only to the extent that the aggregate of such
employee's basic pay and premium pay under those provisions
would, in any calendar year, exceed the maximum rate payable
for GS-15 in effect at the end of such calendar year.
``(b) Subsection (a) shall not apply to any employee of the
Federal Aviation Administration or the Department of Defense
who is paid premium pay under section 5546a of this title.'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Subsections (a) and
(b)'' and inserting ``Subsection (a)''; and
(B) in paragraph (2), by striking ``pay period'' and
inserting ``calendar year''.
SEC. 1108. USE OF COMMON OCCUPATIONAL AND HEALTH STANDARDS AS
A BASIS FOR DIFFERENTIAL PAYMENTS MADE AS A
CONSEQUENCE OF EXPOSURE TO ASBESTOS.
(a) Prevailing Rate Systems.--Section 5343(c)(4) of title
5, United States Code, is amended by inserting before the
semicolon the following: ``(and for any hardship or hazard
related to asbestos, such differentials shall be determined
by applying occupational safety and health standards
consistent with the permissible exposure limit promulgated by
the Secretary of Labor under the Occupational Safety and
Health Act of 1970)''.
(b) General Schedule Pay Rates.--The first sentence of
section 5545(d) of such title is amended by inserting before
the period the following: ``(and for any hardship or hazard
related to asbestos, such differentials shall be determined
by applying occupational safety and health standards
consistent with the permissible exposure limit promulgated by
the Secretary of Labor under the Occupational Safety and
Health Act of 1970)''.
(c) Applicability.--Any administrative or judicial
determination made after the date of the enactment of this
Act concerning differential back payments related to asbestos
under section 5343(c)(4) or 5545(d) of such title shall be
based on the occupational safety and health standards
described in such section, respectively.
SEC. 1109. AUTHORITY FOR DESIGNATED CIVILIAN EMPLOYEES ABROAD
TO ACT AS A NOTARY.
(a) In General.--Paragraph (4) of section 1044a(b) of title
10, United States Code, is amended--
(1) by inserting ``and, when outside the United States, all
civilian employees of the Department of Defense,'' after
``duty status,''; and
(2) by inserting ``or the Department of Defense'' before
``or by statute''.
(b) Clarification of Status of Civilian Attorneys Acting as
a Notary.--Paragraph (2) of such section is amended by
striking ``legal assistance officers'' and inserting ``legal
assistance attorneys''.
SEC. 1110. ``MONRONEY AMENDMENT'' RESTORED TO ITS PRIOR FORM.
Paragraph (2) of section 5343(d) of title 5, United States
Code, is amended to read as such paragraph last read before
the enactment of section 1242 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 735).
[[Page H7073]]
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR TEST
MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS.
Section 2565 of title 10, United States Code, as
redesignated by section 1047(a)(25), is amended--
(1) in subsection (a)--
(A) by striking ``Convey or'' in the subsection heading and
inserting ``Transfer Title to or Otherwise'';
(B) in paragraph (1)--
(i) by striking ``convey'' and inserting ``transfer
title''; and
(ii) by striking ``and'' after ``equipment;'';
(C) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(3) inspect, test, maintain, repair, or replace any such
equipment.''; and
(2) in subsection (b)--
(A) by striking ``conveyed or otherwise provided'' and
inserting ``provided to a foreign government'';
(B) by inserting ``and'' at the end of paragraph (1);
(C) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(D) by striking paragraph (3).
SEC. 1202. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY
FORCES.
Section 5 of the Multinational Force and Observers
Participation Resolution (22 U.S.C. 3424) is amended by
adding at the end the following new subsection:
``(d)(1) The United States may use contractors to provide
logistical support to the Multinational Force and Observers
under this section in lieu of providing such support through
a logistical support unit comprised of members of the United
States Armed Forces.
``(2) Notwithstanding subsections (a) and (b) and section
7(b), support by a contractor under this subsection may be
provided without reimbursement, whenever the President
determines that such action enhances or supports the national
security interests of the United States.''.
SEC. 1203. REPORT ON THE SALE AND TRANSFER OF MILITARY
HARDWARE, EXPERTISE, AND TECHNOLOGY FROM STATES
OF THE FORMER SOVIET UNION TO THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C.
113 note) is amended by adding at the end the following new
subsection:
``(d) Report on Sales and Transfers From States of the
Former Soviet Union to China.--(1) The report to be submitted
under this section not later than March 1, 2002, shall
include in a separate section a report describing the sales
and transfer of military hardware, expertise, and technology
from states of the former Soviet Union to the People's
Republic of China. The report shall set forth the history of
such sales and transfers since 1990, forecast possible future
sales and transfers, and address the implications of those
sales and transfers for the security of the United States and
its friends and allies in Asia.
``(2) The report shall include analysis and forecasts of
the following matters related to military cooperation between
states of the former Soviet Union and the People's Republic
of China:
``(A) The policy of each of those states with respect to
arms sales to, and military cooperation with, the People's
Republic of China.
``(B) Any laws or regulations of those states that could
prohibit or limit such sales or cooperation.
``(C) The extent in each of those states of government
knowledge, cooperation, or condoning of sales or transfers of
military hardware, expertise, or technology to the People's
Republic of China.
``(D) An itemization of sales or transfers of military
hardware, expertise, or technology from any of those states
to the People's Republic of China that have taken place since
1990, with a particular focus on command, control,
communications, and intelligence systems.
``(E) A description of any sale or transfer of military
hardware, expertise, or technology from any of those states
to the People's Republic of China that is currently under
negotiation or contemplation through the end of 2005.
``(F) Identification of Chinese defense industries in which
technicians from states of the former Soviet Union are
working and of defense industries of those states in which
Chinese technicians are working and a description in each
case of the extent and the nature of the work performed by
such technicians.
``(G) The extent of assistance by any of those states to
key research and development programs of China, including
programs for development of weapons of mass destruction and
delivery vehicles for such weapons, programs for development
of advanced conventional weapons, and programs for
development of unconventional weapons.
``(H) The extent of assistance by any of those states to
information warfare or electronic warfare programs of China.
``(I) The extent of assistance by any of those states to
manned and unmanned space operations of China.
``(J) The extent to which arms sales by any of those states
to the People's Republic of China are a source of funds for
military research and development or procurement programs in
the selling state.
``(3) The report under paragraph (1) shall include, with
respect to each area of analysis and forecasts specified in
paragraph (2)--
``(A) an assessment of the military effects of such sales
or transfers to entities in the People's Republic of China;
``(B) an assessment of the ability of the People's
Liberation Army to assimilate such sales or transfers, mass
produce new equipment, or develop doctrine for use; and
``(C) the potential threat of developments related to such
effects on the security interests of the United States and
its friends and allies in Asia.''.
SEC. 1204. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE
CENTER.
(a) Limitation.--Funds made available to the Department of
Defense for fiscal year 2002 may not be obligated or expended
for any activity associated with the Joint Data Exchange
Center in Moscow, Russia, until--
(1) the United States and the Russian Federation enter into
a cost-sharing agreement as described in subsection (d) of
section 1231 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted into law
by Public Law 106-398 (114 Stat. 1654A-329);
(2) the United States and the Russian Federation enter into
an agreement or agreements exempting the United States and
any United States person from Russian taxes, and from
liability under Russian laws, with respect to activities
associated with the Joint Data Exchange Center;
(3) the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a copy of each
agreement referred to in paragraphs (1) and (2); and
(4) a period of 30 days has expired after the date of the
final submission under paragraph (3).
(b) Joint Data Exchange Center.--For purposes of this
section, the term ``Joint Data Exchange Center'' means the
United States-Russian Federation joint center for the
exchange of data to provide early warning of launches of
ballistic missiles and for notification of such launches that
is provided for in a joint United States-Russian Federation
memorandum of agreement signed in Moscow in June 2000.
SEC. 1205. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE UNDER
WEAPONS OF MASS DESTRUCTION ACT FOR SUPPORT OF
UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2002.--The total amount of the assistance for fiscal year
2002 that is provided by the Secretary of Defense under
section 1505 of the Weapons of Mass Destruction Control Act
of 1992 (22 U.S.C. 5859a) as activities of the Department of
Defense in support of activities under that Act may not
exceed $15,000,000. Such assistance may be provided for
fiscal year 2002 only to support activities of an
organization established for the purpose of (or otherwise
given the mission of providing) a comprehensive accounting
for all items, facilities, and capabilities in Iraq related
to weapons of mass destruction.
(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 ``2001'' and inserting ``2002''.
(c) Change of Quarterly Report Requirement to Annual
Report.--(1) Subsection (e)(1) of such section is amended--
(A) by striking ``quarter of a'' in the first sentence; and
(B) by striking ``(for the preceding quarter and
cumulatively)'' and inserting ``for the preceding fiscal
year''.
(2) The amendments made by subsection (a) shall take effect
on November 1, 2001, or the date of the enactment of this
Act, whichever is later.
SEC. 1206. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS ON
MILITARY DEPLOYMENTS TO HAITI.
Section 1232(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 788) is
repealed.
SEC. 1207. REPORT BY COMPTROLLER GENERAL ON PROVISION OF
DEFENSE ARTICLES, SERVICES, AND MILITARY
EDUCATION AND TRAINING TO FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
(a) Study.--The Comptroller General shall conduct a study
of the following:
(1) The benefits derived by each foreign country or
international organization from the receipt of defense
articles, defense services, or military education and
training provided after December 31, 1989, pursuant to the
drawdown of such articles, services, or education and
training from the stocks of the Department of Defense under
section 506, 516, or 552 of the Foreign Assistance Act of
1961 (22 U.S.C. 2318, 2321j, or 2348a) or any other provision
of law.
(2) Any benefits derived by the United States from the
provision of defense articles, defense services, and military
education and training described in paragraph (1).
(3) The affect on the readiness of the Armed Forces as a
result of the provision by the United States of defense
articles, defense services, and military education and
training described in paragraph (1).
[[Page H7074]]
(4) The cost to the Department of Defense with respect to
the provision of defense articles, defense services, and
military education and training described in paragraph (1).
(b) Reports.--(1) Not later than April 15, 2002, the
Comptroller General shall submit to Congress an interim
report containing the results to that date of the study
conducted under subsection (a).
(2) Not later than August 1, 2002, the Comptroller General
shall submit to Congress a final report containing the
results of the study conducted under subsection (a).
SEC. 1208. LIMITATION ON NUMBER OF MILITARY PERSONNEL IN
COLOMBIA.
(a) Limitation.--None of the funds available to the
Department of Defense may be used to support or maintain more
than 500 members of the Armed Forces on duty in the Republic
of Colombia at any time.
(b) Exceptions.--There shall be excluded from counting for
the purposes of the limitation in subsection (a) the
following:
(1) A member of the Armed Forces in the Republic of
Colombia for the purpose of rescuing or retrieving United
States military or civilian Government personnel, except that
the period for which such a member may be so excluded may not
exceed 30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to the United
States Embassy in Colombia as an attache, as a member of the
security assistance office, or as a member of the Marine
Corps security contingent.
(3) A member of the Armed Forces in Colombia to participate
in relief efforts in responding to a natural disaster.
(4) Nonoperational transient military personnel.
SEC. 1209. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT
CONTRACTORS TO ACCOMPANY CHEMICAL WEAPONS
INSPECTION TEAMS AT GOVERNMENT-OWNED
FACILITIES.
(a) Authority To Conduct Inspections.--Section 303 of the
Chemical Weapons Convention Implementation Act of 1998 (as
contained in Public Law 105-277; 112 Stat. 2681-873; 22
U.S.C. 6723) is amended in subsection (b)(2) by inserting
``(and in the case of inspection of Federal Government-owned
facilities, such designation may include employees of a
contractor with the Federal Government)'' after ``Federal
Government''.
(b) Procedures For Inspections.--Section 304 of such Act
(22 U.S.C. 6724) is amended in subsection (c) by inserting
``or contractor with the Federal Government'' after ``Federal
Government''.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. 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 2002 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2002
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. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $403,000,000
authorized to be appropriated to the Department of Defense
for fiscal year 2002 in section 301(23) for Cooperative
Threat Reduction programs, not more than the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$133,400,000.
(2) For strategic nuclear arms elimination in Ukraine,
$51,500,000.
(3) For nuclear weapons transportation security in Russia,
$9,500,000.
(4) For nuclear weapons storage security in Russia,
$56,000,000.
(5) For biological weapons proliferation prevention
activities in the former Soviet Union, $17,000,000.
(6) For activities designated as Other Assessments/
Administrative Support, $13,200,000.
(7) For defense and military contacts, $18,700,000.
(8) For activities related to the construction of a
chemical weapons destruction facility in Russia, $35,000,000.
(9) For elimination of chemical weapons production
facilities in Russia, $15,000,000.
(10) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $6,000,000.
(11) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $6,000,000.
(12) For activities to assist Russia in the elimination of
plutonium production reactors, $41,700,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2002 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (12) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2002 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2002 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.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in
subsection (a)(3) or any of paragraphs (5) through (12) of
subsection (a) in excess of 115 percent of the amount
specifically authorized for such purposes.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION
OF REPORTS.
No fiscal year 2002 Cooperative Threat Reduction funds may
be obligated or expended until 30 days after the date of the
submission of--
(1) the report required to be submitted in fiscal year 2001
under section 1308(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted in Public
Law 106-398; 114 Stat. 1654A-341); and
(2) the multiyear plan required to be submitted for fiscal
year 2001 under section 1308(h) of such Act.
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES
CARRIED OUT UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report describing how the Secretary plans to monitor the use
of revenue generated by activities carried out under
Cooperative Threat Reduction programs in Russia and Ukraine.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING
OF FISSILE MATERIAL STORAGE FACILITY.
(a) Prohibition.--No funds authorized to be appropriated
for Cooperative Threat Reduction programs for any fiscal year
may be used for the design, planning, or construction of a
second wing for a storage facility for Russian fissile
material.
(b) Conforming Amendment.--Section 1304 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted in Public Law 106-398; 114 Stat. 1654A-341)
is amended to read as follows:
``SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL
STORAGE FACILITY.
Out of funds authorized to be appropriated for Cooperative
Threat Reduction programs for fiscal year 2001 or any other
fiscal year, not more than $412,600,000 may be used for
planning, design, or construction of the first wing for the
storage facility for Russian fissile material referred to in
section 1302(a)(5).''.
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CONSTRUCTION
OR REFURBISHMENT OF CERTAIN FOSSIL FUEL ENERGY
PLANTS.
Section 1307 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted in Public
Law 106-398; 114 Stat. 1654A-341) is amended--
(1) by striking the heading and inserting the following new
heading:
``SEC. 1307. PROHIBITION AGAINST USE OF FUNDS FOR
CONSTRUCTION OR REFURBISHMENT OF FOSSIL FUEL
ENERGY PLANTS; REPORT.'';
and
(2) by striking subsection (a) and inserting the following
new subsection:
``(a) Prohibition.--No funds appropriated for Cooperative
Threat Reduction programs for any fiscal year may be used for
the construction or refurbishment of a fossil fuel energy
plant intended to provide power to local communities that
receive power from nuclear energy plants that produce
plutonium.''.
SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER
COOPERATIVE THREAT REDUCTION PROGRAMS.
Section 1308(c)(4) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted in Public
Law 106-398; 114 Stat. 1654A-342) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``audits'' and all that follows through
``conducted'' and inserting ``means (including program
management, audits, examinations, and other means) used'';
and
(B) by striking ``and that such assistance is being used
for its intended purpose'' and inserting ``, that such
assistance is being used for its intended purpose, and that
such assistance is being used efficiently and effectively'';
[[Page H7075]]
(2) in subparagraph (C), by inserting ``and an assessment
of whether the assistance being provided is being used
effectively and efficiently'' before the semicolon; and
(3) in subparagraph (D), by striking ``audits,
examinations, and other''.
SEC. 1308. REPORT ON RESPONSIBILITY FOR CARRYING OUT
COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than March 15, 2002, the Secretary of Defense
shall submit to Congress a report describing--
(1) the rationale for executing Cooperative Threat
Reduction programs under the auspices of the Department of
Defense and the justification for maintaining responsibility
for any particular project carried out through Cooperative
Threat Reduction programs with the Department of Defense;
(2) options for transferring responsibility for carrying
out Cooperative Threat Reduction programs to an executive
agency (or agencies) other than the Department of Defense, if
appropriate; and
(3) how such a transfer might be carried out.
SEC. 1309. CHEMICAL WEAPONS DESTRUCTION.
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794) is
amended by inserting before the period at the end the
following: ``until the Secretary of Defense submits to
Congress a certification that there has been--
``(1) full and accurate disclosure by Russia of the size of
its existing chemical weapons stockpile;
``(2) a demonstrated annual commitment by Russia to
allocate at least $25,000,000 to chemical weapons
elimination;
``(3) development by Russia of a practical plan for
destroying its stockpile of nerve agents;
``(4) enactment of a law by Russia that provides for the
elimination of all nerve agents at a single site; and
``(5) an agreement by Russia to destroy its chemical
weapons production facilities at Volgograd and
Novocheboksark''.
TITLE XIV--DEFENSE SPACE REORGANIZATION
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Space
Reorganization Act of 2001''.
SEC. 1402. AUTHORITY TO ESTABLISH POSITION OF UNDER SECRETARY
OF DEFENSE FOR SPACE, INTELLIGENCE, AND
INFORMATION.
(a) Authority To Establish Position.--The President may
establish in the Department of Defense the position of Under
Secretary of Defense for Space, Intelligence, and
Information. If that position is so established, the Under
Secretary of Defense for Space, Intelligence, and Information
shall perform duties and exercise powers as set forth in
section 137 of title 10, United States Code, as added by
subsection (e).
(b) Deadline for Exercise of Authority.--The authority
provided in subsection (a) may not be exercised after
December 31, 2003.
(c) Notice of Exercise of Authority.--(1) If the authority
provided in subsection (a) is exercised, the President shall
immediately submit to Congress notification in writing of the
establishment of the position of Under Secretary of Defense
for Space, Intelligence, and Information, together with the
date as of which the position is established. If the
President declines to exercise the authority provided in
subsection (a), the President shall, before the date
specified in subsection (b), submit to Congress a report on
how the President has implemented the recommendations of the
report of the Space Commission with respect to the Department
of Defense.
(2) For purposes of paragraph (1), the term ``report of the
Space Commission'' means the report of the Commission To
Assess United States National Security Space Management and
Organization, dated January 11, 2001, and submitted to
Congress under section 1623 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 815).
(d) Contingent Enactment of U.S. Code Amendments.--If the
position of Under Secretary of Defense for Space,
Intelligence, and Information is established under the
authority provided in subsection (a), then the amendments set
forth in subsections (e) and (f) shall be executed, effective
as of the date specified in the notice submitted under the
first sentence of subsection (c)(1). Otherwise, those
amendments shall not be executed.
(e) Appointment, Duties, Etc., of Under Secretary.--(1)
Subject to subsection (d), chapter 4 of title 10, United
States Code, is amended--
(A) by redesignating section 137 as section 139a and
transferring such section (as so redesignated) within such
chapter so as to appear after section 139; and
(B) by inserting after section 136 the following new
section 137:
``Sec. 137. Under Secretary of Defense for Space,
Intelligence, and Information
``(a) There is an Under Secretary of Defense for Space,
Intelligence, and Information, 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
Space, Intelligence, and Information shall perform such
duties and exercise such powers relating to the space,
intelligence, and information programs and activities of the
Department of Defense as the Secretary of Defense may
prescribe.
``(c) The Secretary of Defense shall designate the Under
Secretary of Defense for Space, Intelligence, and Information
as the Chief Information Officer of the Department of Defense
under section 3506(a)(2)(B) of title 44.
``(d) The Under Secretary of Defense for Space,
Intelligence, and Information takes precedence in the
Department of Defense after the Under Secretary of Defense
for Personnel and Readiness.''.
(2) Subject to subsection (d), section 131(b) of that title
is amended--
(A) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Under Secretary of Defense for Space,
Intelligence, and Information.''.
(3) Subject to subsection (d), 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 new item:
``137. Under Secretary of Defense for Space, Intelligence, and
Information.'';
and
(B) by inserting after the item relating to section 139 the
following new item:
``139a. Director of Defense Research and Engineering.''.
(f) Assistant Secretaries of Defense.--Subject to
subsection (d), section 138 of such title is amended--
(1) in subsection (a), by striking ``nine'' and inserting
``eleven''; and
(2) in subsection (b), by inserting after paragraph (2) the
following new paragraph:
``(3) Not more than three of the Assistant Secretaries may
be assigned duties under the authority of the Under Secretary
of Defense for Space, Intelligence, and Information and shall
report to that Under Secretary.''.
(g) Report.--Not later than 30 days before exercising the
authority provided in subsection (a), the President shall
submit to Congress a report on the proposed organization of
the office of the Under Secretary of Defense for Space,
Intelligence, and Information. If such a report has not been
submitted as of April 15, 2002, the President shall submit to
Congress a report, not later than that date, setting forth
the President's view as of that date of the desirability of
establishing the position of Under Secretary of Defense for
Space, Intelligence, and Information in the Department of
Defense.
SEC. 1403. AUTHORITY TO DESIGNATE UNDER SECRETARY OF THE AIR
FORCE AS ACQUISITION EXECUTIVE FOR SPACE OF THE
DEPARTMENT OF DEFENSE.
(a) Executive Agent.--Part IV of subtitle A of title 10,
United States Code, is amended by inserting after chapter 134
the following new chapter:
``CHAPTER 135--SPACE PROGRAMS
``Sec.
``2271. Executive agent.
``Sec. 2271. Executive agent
``(a) Secretary of the Air Force.--The Secretary of the Air
Force may be designated as the executive agent of the
Department of Defense--
``(1) for the planning of the acquisition programs,
projects, and activities of the Department that relate to
space; and
``(2) for the execution of those programs, projects, and
activities.
``(b) Acquisition Executive.--The Secretary may designate
the Under Secretary of the Air Force as the acquisition
executive of the Air Force for the programs, projects, and
activities referred to in subsection (a).''.
(b) Clerical Amendment.--The tables of chapters at the
beginning of such subtitle and the beginning of part IV of
such subtitle are amended by inserting after the item
relating to chapter 134 the following new item:
``135. Space Programs.......................................2271''.....
SEC. 1404. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS.
(a) Requirement.--The Secretary of Defense may create a
major force program category for space programs for purposes
of the future-years defense program under section 221 of
title 10, United States Code.
(b) Commencement.--If the category under subsection (a) is
created, such category shall be included in each future-years
defense program submitted to Congress under section 221 of
title 10, United States Code, in fiscal years after fiscal
year 2002.
SEC. 1405. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION
OF RECOMMENDATIONS OF SPACE COMMISSION.
(a) Assessment.--(1) The Comptroller General shall carry
out an assessment through February 15, 2003, of the actions
taken by the Secretary of Defense in implementing the
recommendations in the report of the Space Commission that
are applicable to the Department of Defense.
(2) For purposes of paragraph (1), the term ``report of the
Space Commission'' means the report of the Commission To
Assess United States National Security Space Management and
Organization, dated January 11, 2001, and submitted to
Congress under section 1623 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 815).
(b) Reports.--Not later than February 15 of each of 2002
and 2003, the Comptroller General shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of
[[Page H7076]]
Representatives a report on the assessment carried out under
subsection (a). Each report shall set forth the results of
the assessment as of the date of such report.
SEC. 1406. COMMANDER OF AIR FORCE SPACE COMMAND.
(a) In General.--Chapter 845 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8584. Commander of Air Force Space Command
``The Secretary of Defense may require that the officer
serving as commander of the Air Force Space Command not serve
simultaneously as commander of the United States Space
Command (or any successor combatant command with
responsibility for space) or as commander of the United
States element of the North American Air Defense Command.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8584. Commander of Air Force Space Command.''.
SEC. 1407. AUTHORITY TO ESTABLISH SEPARATE CAREER FIELD IN
THE AIR FORCE FOR SPACE.
The Secretary of the Air Force, acting through the Under
Secretary of the Air Force, may establish and implement
policies and procedures to develop a cadre of technically
competent officers with the capability to develop space
doctrine, concepts of space operations, and management of
space systems for the Air Force.
SEC. 1408. RELATIONSHIP TO AUTHORITIES AND RESPONSIBILITIES
OF DIRECTOR OF CENTRAL INTELLIGENCE.
Nothing in this title or the amendments made by this title
shall modify, alter, or supersede the authorities and
responsibilities of the Director of Central Intelligence.
TITLE XV--ACTIVITIES TO COMBAT TERRORISM
Subtitle A--Increased Funding to Combat Terrorism
SEC. 1501. INCREASED FUNDING.
(a) In General.--The amount provided in section 301(5) for
Operation and Maintenance, Defense-wide Activities, is hereby
increased by $400,000,000, to be available as follows:
(1) Intelligence programs.--For increased situational
awareness and upgrades to intelligence programs to enhance
United States security posture, $100,000,000.
(2) Anti-terrorism initiatives.--For enhanced anti-
terrorism and force protection initiatives to reduce
vulnerabilities at United States military installations and
facilities in the United States and worldwide, $150,000,000.
(3) Counter-terrorism initiatives.--For offensive counter-
terrorism initiatives, $100,000,000.
(4) Consequence management activities.--For consequence
management activities, $50,000,000.
(b) Transfer Authority.--The amounts specified in
subsection (a) are available for transfer to other current
accounts of the Department of Defense, as determined by the
Secretary of Defense.
(c) Offsetting Reductions.--
(1) The amount provided in section 201(4) for Research,
Development, Test, and Evaluation, Defense-Wide is hereby
reduced by $265,000,000, to be derived from amounts for the
Ballistic Missile Defense Organization, of which--
(A) $145,000,000 shall be derived from the Mid-Course
Defense Segment program element (PE603882C); and
(B) $120,000,000 shall be derived from the Boost Phase
Defense Segment program element (PE603883C) for space-based
activities.
(2) The amount provided in section 301(5) for Operation and
Maintenance, Defense-wide Activities, is hereby reduced by
$135,000,000, to be derived from amounts for consulting
services.
SEC. 1502. TREATMENT OF TRANSFERRED AMOUNTS.
Funds transferred under authority of section 1501(a) shall
be merged with, and shall be available for the same time
period as, the appropriations to which transferred. The
transfer authority under that section is in addition to the
transfer authority provided by section 1001.
Subtitle B--Policy Matters Relating to Combating Terrorism
SEC. 1511. ASSESSMENT OF DEPARTMENT OF DEFENSE ABILITY TO
RESPOND TO TERRORIST ATTACKS.
(a) Assessment.--The Secretary of Defense shall conduct an
assessment of the ability of the Department of Defense to
provide support for the consequence management activities of
other Federal, State, and local agencies, directly taking
into account the terrorist attacks on the United States on
September 11, 2001, and the changed situation regarding
terrorism.
(b) Recommendations.--The Secretary of Defense shall submit
to the President and Congress a report providing
recommendations for ways to enhance the ability of the
Department of Defense to provide support described in
subsection (a). The report shall address the recommendations
made by the Vice President in his report to the President on
the development of a coordinated national effort to improve
national preparedness, including efforts to combat terrorism,
as directed by the President in May 2001. The report shall be
submitted not later than 60 days after the date on which the
Vice President submits to the President the report under the
preceding sentence.
SEC. 1512. REPORT ON DEPARTMENT OF DEFENSE ABILITY TO PROTECT
THE UNITED STATES FROM AIRBORNE THREATS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the ability of the Department of Defense to protect
the United States from airborne threats, including threats
originating from within the borders of the United States. The
report shall identify improvements that can be made to
enhance the security of the American people against these
threats and shall recommend actions, including legislative
proposals, designed to address and overcome existing
vulnerabilities.
SEC. 1513. ESTABLISHMENT OF COMBATING TERRORISM AS A NATIONAL
SECURITY MISSION.
Section 108(b)(2) of the National Security Act of 1947 (50
U.S.C. 404a(b)(2)) is amended by inserting ``, including acts
of terrorism,'' after ``aggression''.
SEC. 1514. DEPARTMENT OF DEFENSE COORDINATION WITH FEMA AND
FBI.
The Secretary of Defense shall seek an agreement with the
Director of the Federal Bureau of Investigation and the
Director of Federal Emergency Management Agency that
clarifies the roles of Department of Defense Weapons of Mass
Destruction Civil Support Teams in relation to both agencies
with respect to coordination of the roles and missions of
those teams in support of crisis management and consequence
management efforts.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE; DEFINITION.
(a) Short Title.--This division may be cited as the
``Military Construction Authorization Act for Fiscal Year
2002''.
(b) Definition of Fiscal Year 2001 Defense Authorization
Act.--In this division, the term ``Spence Act'' means the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001, as enacted into law by Public Law 106-398 (114
Stat. 1654).
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Anniston Army Depot.. $5,150,000
Fort Rucker.......... $11,400,000
Redstone Arsenal..... $7,200,000
Alaska......................... Fort Richardson...... $97,000,000
Fort Wainwright...... $27,200,000
Arizona........................ Fort Huachuca........ $6,100,000
Yuma Proving Ground.. $3,100,000
California..................... Defense Language $5,900,000
Institute.
Fort Irwin........... $23,000,000
Colorado....................... Fort Carson.......... $66,000,000
District of Columbia........... Fort McNair.......... $11,600,000
Georgia........................ Fort Benning......... $23,900,000
Fort Gillem.......... $43,600,000
Fort Gordon.......... $34,000,000
Fort Stewart/Hunter $39,800,000
Army Air Field......
Hawaii......................... Navy Public Works $11,800,000
Center, Pearl Harbor
Pohakuloa Training $5,100,000
Facility.
Wheeler Army Air $50,000,000
Field.
Kansas......................... Fort Riley........... $10,900,000
Kentucky....................... Fort Campbell........ $88,900,000
[[Page H7077]]
Louisiana...................... Fort Polk............ $21,200,000
Maryland....................... Aberdeen Proving $58,300,000
Ground.
Fort Meade........... $5,800,000
Fort Leonard Wood.... $12,250,000
New Jersey..................... Fort Monmouth........ $20,000,000
Picatinny Arsenal.... $10,200,000
New Mexico..................... White Sands Missile $7,600,000
Range.
New York....................... Fort Drum............ $59,350,000
North Carolina................. Fort Bragg........... $21,300,000
Sunny Point Military $11,400,000
Ocean Terminal......
Oklahoma....................... Fort Sill............ $5,100,000
South Carolina................. Fort Jackson......... $3,650,000
Texas.......................... Corpus Christi Army $10,400,000
Depot.
Fort Sam Houston..... $9,650,000
Fort Bliss........... $5,000,000
Fort Hood............ $104,200,000
Virginia....................... Fort Belvoir......... $35,950,000
Fort Eustis.......... $24,750,000
Fort Lee............. $23,900,000
Washington..................... Fort Lewis........... $238,200,000
-----------------
Total:............. $1,300,710,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Area Support Group, $36,000,000
Bamberg...............
Area Support Group, $13,500,000
Darmstadt.............
Baumholder............. $9,000,000
Hanau.................. $7,200,000
Heidelberg............. $15,300,000
Mannheim............... $16,000,000
Wiesbaden Air Base..... $26,300,000
Korea.......................... Camp Carroll........... $16,593,000
Camp Casey............. $8,500,000
Camp Hovey............. $35,750,000
Camp Humphreys......... $14,500,000
Camp Jackson........... $6,100,000
Camp Stanley........... $28,000,000
Kwajalein...................... Kwajalein Atoll........ $11,000,000
---------------
Total:............... $243,743,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installation and location, and in the amount set forth in the
following table:
Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $4,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(6)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts, set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright............ 32 Units................... $12,000,000
Arizona................................. Fort Huachuca.............. 72 Units................... $10,800,000
Georgia................................. Fort Stewart............... 160 Units.................. $2,500,000
Kansas.................................. Fort Leavenworth........... 40 Units................... $10,000,000
Texas................................... Fort Bliss................. 76 Units................... $13,600,000
Korea................................... Camp Humphreys............. 54 Units................... $12,800,000
-------------
Total:................... $61,700,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $11,592,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $220,750,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $3,018,077,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,089,416,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $243,743,000.
(3) For a military construction project at an unspecified
worldwide location authorized by section 2101(c), $4,000,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $18,000,000.
(5) For architectural and engineering services and
construction design under section
[[Page H7078]]
2807 of title 10, United States Code, $163,676,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$294,576,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,102,732,000.
(7) For the construction of a cadet development center at
the United States Military Academy, West Point, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261, 112 Stat. 2182), $37,900,000.
(8) For the construction of phase 2C of a barracks complex,
Tagaytay Street, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65;
113 Stat. 825), $17,500,000.
(9) For the construction of phase 1C of a barracks complex,
Wilson Street, at Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65,
113 Stat. 825), $23,000,000.
(10) For construction of phase 2 of a basic combat training
complex at Fort Leonard Wood, Missouri, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat.
1654A-389), as amended by section 2105 of this Act,
$27,000,000.
(11) For the construction of phase 2 of a battle simulation
center at Fort Drum, New York, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal
Year 2001 (division B of the Spence Act; 114 Stat. 1654A-
389), as amended by section 2105 of this Act, $9,000,000.
(12) For the construction of phase 1 of a barracks complex,
Butner Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence Act; 114
Stat. 1654A-389), $49,000,000.
(13) For the construction of phase 1 of a barracks complex,
Longstreet Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence Act; 114
Stat. 1654A-389), $27,000,000.
(14) For the construction of a multipurpose digital
training range at Fort Hood, Texas, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat.
1654A-389), as amended by section 2105 of this Act,
$13,000,000.
(15) For the homeowners assistance program, as authorized
by section 2832(a) of title 10, United States Code,
$10,119,000, to remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), (3) of subsection (a);
(2) $52,000,000 (the balance of the amount authorized under
section 2201 (a) for construction of a barracks complex, D
Street, at Fort Richardson, Alaska);
(3) $41,000,000 (the balance of the amount authorized under
section 2201 (a) for construction of phase 1 of a barracks
complex, Nelson Blvd, at Fort Carson, Colorado);
(4) $36,000,000 (the balance of the amount authorized under
section 2201 (a) for construction of phase 1 of a basic
combat training complex at Fort Jackson, South Carolina); and
(5) $102,000,000 (the balance of the amount authorized
under section 2201 (a) for construction of a barracks
complex, 17th & B Streets, at Fort Lewis, Washington).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (15) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $36,168,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military construction outside the United
States; and
(2) $75,417,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military family housing construction and
military family housing support outside the United States.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2001
(division B of the Spence Act; 114 Stat. 1654A-389) is
amended--
(1) in the item relating to Fort Leonard Wood, Missouri, by
striking ``$65,400,000'' in the amount column and inserting
``$69,400,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$18,000,000'' in the amount column and inserting
``$21,000,000'';
(3) in the item relating to Fort Hood, Texas, by striking
``$36,492,000'' in the amount column and inserting
``$39,492,000''; and
(4) by striking the amount identified as the total in the
amount column and inserting ``$623,074,000''.
(b) Conforming Amendments.--Section 2104 of that Act (114
Stat. 1654A-391) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``$1,925,344,000'' and inserting
``$1,935,744,000'';
(2) in subsection (b)(2), by striking ``$22,600,000'' and
inserting ``$27,000,000'';
(3) in subsection (b)(3), by striking ``$10,000,000'' and
inserting ``$13,000,000''; and
(4) in subsection (b)(6), by striking ``$6,000,000'' and
inserting ``$9,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $22,570,000
Station, Yuma........
California..................... Marine Air-Ground Task $75,125,000
Force Training
Center, Twentynine
Palms................
Marine Corps Air $4,470,000
Station, Camp
Pendleton............
Marine Corps Air $3,680,000
Station, Miramar.....
Marine Corps Base, $96,490,000
Camp Pendleton.......
Naval Air Facility, El $23,520,000
Centro...............
Naval Air Station, $10,010,000
Lemoore..............
Naval Air Warfare $30,200,000
Center, China Lake...
Naval Air Warfare $13,730,000
Center, Point Mugu,
San Nicholas Island..
Naval Amphibious Base, $8,610,000
Coronado.............
Naval Construction $12,400,000
Battalion Center,
Port Hueneme.........
Naval Construction $3,780,000
Training Center, Port
Hueneme..............
Naval Station, San $47,240,000
Diego.
District of Columbia........... Naval Air Facility, $9,810,000
Washington...........
Florida........................ Naval Air Station, Key $11,400,000
West.
Naval Air Station, $2,140,000
Whiting Field, Milton
Naval Station, Mayport $16,420,000
Naval Station, $3,700,000
Pensacola.
Hawaii......................... Marine Corps Base, $24,920,000
Kaneohe..............
Naval Magazine $6,000,000
Lualualei.
Naval Shipyard, Pearl $20,000,000
Harbor.
Naval Station, Pearl $40,600,000
Harbor.
Navy Public Works $16,900,000
Center, Pearl Harbor.
Illinois....................... Naval Training Center, $82,260,000
Great Lakes..........
Indiana........................ Naval Surface Warfare $14,930,000
Center, Crane........
Maine.......................... Naval Air Station, $67,395,000
Brunswick.
Maryland....................... Naval Air Warfare $2,260,000
Center, Patuxent
River................
Naval Air Warfare $5,100,000
Center, St. Inigoes..
Naval Explosive $1,250,000
Ordinance Disposal
Technology Center,
Indian Head..........
Mississippi.................... Naval Construction $21,660,000
Battalion Center,
Gulfport.............
Naval Air Station, $3,400,000
Meridian.
Missouri....................... Marine Corps Support $9,010,000
Activity, Kansas City
North Carolina................. Marine Corps Air $4,050,000
Station, New River...
Marine Corps Base, $67,070,000
Camp Lejeune.........
[[Page H7079]]
Pennsylvania................... Naval Foundry and $14,800,000
Propeller Center,
Philadelphia.........
Rhode Island................... Naval Station, Newport $15,290,000
South Carolina................. Marine Corps Air $8,020,000
Station, Beaufort....
Marine Corps Recruit $5,430,000
Depot, Parris Island.
Naval Hospital, $7,600,000
Beaufort.
Tennessee...................... Naval Support $3,900,000
Activity, Millington.
Texas.......................... Naval Air Station, $9,060,000
Joint Reserve Base,
Ft. Worth............
Virginia....................... Marine Corps Air $3,790,000
Facility, Quantico...
Marine Corps Combat $9,390,000
Dev Com..............
Naval Amphibious Base, $9,090,000
Little Creek.........
Naval Station, Norfolk $139,270,000
Washington..................... Naval Air Station, $3,470,000
Whidbey Island.......
Naval Shipyard, $14,000,000
Bremerton.
Naval Station, Everett $6,820,000
Strategic Weapons $3,900,000
Facility, Bangor.....
----------------
Total:.............. $1,038,920,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Greece......................... Naval Support Activity $12,240,000
Joint Headquarters
Command, Larissa......
Naval Support Activity, $3,210,000
Souda Bay.............
Guam........................... Naval Station, Guam.... $9,300,000
Navy Public Works $14,800,000
Center, Guam.
Iceland........................ Naval Air Station, $2,820,000
Keflavik.
Italy.......................... Naval Air Station, $3,060,000
Sigonella.
Spain.......................... Naval Station, Rota.... $2,240,000
---------------
Total:............... $47,670,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Marine Corps Air Station, 51 Units................. $9,017,000
Yuma.
California............................ Marine Air-Ground Task 74 Units................. $16,250,000
Force Training Center,
Twentynine Palms.
Hawaii................................ Marine Corps Base, Kaneohe 172 Units................ $46,996,000
Naval Station, Pearl 70 Units................. $16,827,000
Harbor.
Mississippi........................... Naval Construction 160 Units................ $23,354,000
Battalion Center,
Gulfport.
Virginia.............................. Marine Corps Combat 81 Units................. $10,000,000
Development Command,
Quantico.
Italy................................. Naval Air Station, 10 Units................. $2,403,000
Sigonella.
------------------
Total:................. $124,847,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $6,499,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $201,834,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,389,605,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $980,018,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $47,670,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $10,546,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $35,392,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$332,352,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$913,823,000.
(6) For construction of phase 6 of a large anachoic chamber
facility at the Patuxent River Naval Air Warfare Center,
Maryland, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2590), $10,770,000.
(7) For construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp H.M. Smith, Hawaii,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 828), as amended by section 2205,
$37,580,000.
(8) For repair of a pier at Naval Station, San Diego,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat. 1654A-396), $17,500,000.
(9) For replacement of a pier at Naval Shipyard, Bremerton,
Washington, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat. 1654A-396), $24,460,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $33,240,000 (the balance of the amount authorized under
section 2201(a) for replacement of a pier, increment I, at
Naval Station, Norfolk, Virginia; and
(3) $20,100,000 (the balance of the amount authorized under
section 2201(a) for a combined propulsion and explosives lab
at Naval Air Warfare Center, China Lake, California).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (9) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
[[Page H7080]]
(1) $6,854,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction outside the United States; and
(2) $13,652,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military family housing construction and
military family housing support outside the United States.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECT.
(a) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 828) is amended--
(1) in the item relating to Camp H.M. Smith, Hawaii, by
striking ``$86,050,000'' in the amount column and inserting
``$89,050,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$820,230,000''.
(b) Conforming Amendments.--Section 2204 of that Act (113
Stat. 830) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``$2,108,087,000'' and inserting
``$2,111,087,000''; and
(2) in subsection (b)(3), by striking ``$70,180,000'' and
inserting ``$73,180,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $34,400,000
Alaska......................... Eareckson Air Force $4,600,000
Base.
Elmendorf Air Force $32,200,000
Base.
Arizona........................ Davis-Monthan Air Force $23,500,000
Base..................
Luke Air Force Base.... $4,500,000
Arkansas....................... Little Rock Air Force $10,600,000
Base..................
California..................... Beale Air Force Base... $7,900,000
Edwards Air Force Base. $21,300,000
Los Angeles Air Force $23,000,000
Base.
Travis Air Force Base.. $10,100,000
Vandenberg Air Force $11,800,000
Base.
Colorado....................... Buckley Air Force Base. $23,200,000
Schriever Air Force $30,400,000
Base.
United States Air Force $25,500,000
Academy...............
District of Columbia........... Bolling Air Force Base. $2,900,000
Florida........................ Cape Canaveral Air $7,800,000
Force Station.........
Eglin Air Force Base... $11,400,000
Hurlburt Field......... $10,400,000
MacDill Air Force Base. $10,000,000
Tyndall Air Force Base. $20,350,000
Georgia........................ Moody Air Force Base... $4,900,000
Robins Air Force Base.. $14,650,000
Hawaii......................... Hickman Air Force Base. $6,300,000
Idaho.......................... Mountain Home Air Force $14,600,000
Base.
Kansas......................... McConnell Air Force $5,100,000
Base.
Maryland....................... Andrews Air Force Base. $19,420,000
Massachusetts.................. Hanscom Air Force Base. $9,400,000
Mississippi.................... Keesler Air Force Base. $28,600,000
Nevada......................... Nellis Air Force Base.. $12,600,000
New Jersey..................... McGuire Air Force Base. $36,550,000
New Mexico..................... Cannon Air Force Base.. $9,400,000
Kirtland Air Force Base $19,800,000
North Carolina................. Pope Air Force Base.... $17,800,000
North Dakota................... Grand Forks Air Force $7,800,000
Base.
Ohio........................... Wright-Patterson Air $5,800,000
Force Base............
Oklahoma....................... Altus Air Force Base... $20,200,000
Tinker Air Force Base.. $17,700,000
South Carolina................. Shaw Air Force Base.... $24,400,000
Tennessee...................... Arnold Air Force Base.. $24,400,000
Texas.......................... Lackland Air Force Base $12,800,000
Laughlin Air Force Base $15,600,000
Sheppard Air Force Base $45,200,000
Utah........................... Hill Air Force Base.... $44,000,000
Virginia....................... Langley Air Force Base. $47,300,000
Washington..................... Fairchild Air Force $2,800,000
Base.
McChord Air Force Base. $20,700,000
Wyoming........................ F E Warren Air Force $10,200,000
Base.
---------------
Total:............... $822,320,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Force Base $42,900,000
Spangdahlem Air Base... $8,700,000
Greenland...................... Thule.................. $19,000,000
Guam........................... Andersen Air Force Base $10,150,000
Italy.......................... Aviano Air Base........ $11,800,000
Korea.......................... Kunsan Air Base........ $12,000,000
Osan Air Base.......... $101,142,000
Turkey......................... Eskisehir.............. $4,000,000
United Kingdom................. Royal Air Force, $11,300,000
Lakenheath.
Royal Air Force, $22,400,000
Mildenhall.
Wake Island.................... Wake Island............ $25,000,000
---------------
Total:............... $268,392,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installation and location and in the amounts, set forth in
the following table:
[[Page H7081]]
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $4,458,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(7)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts, set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................ uke Air Force Base......... 120 Units................. $15,712,000
California............................. Travis Air Force Base...... 118 Units................. $18,150,000
Colorado............................... Buckley Air Force Base..... 55 Units.................. $11,400,000
Delaware............................... Dover Air Force Base....... 120 Units................. $18,145,000
District of Columbia................... Bolling Air Force Base..... 136 Units................. $16,926,000
Hawaii................................. Hickam Air Force Base...... 102 Units................. $25,037,000
Louisiana.............................. Barksdale Air Force Base... 56 Units.................. $7,300,000
South Dakota........................... Ellsworth Air Force Base... 78 Units.................. $13,700,000
Virginia............................... Langley Air Force Base..... 4 Units................... $1,200,000
Portugal............................... Lajes Field, Azores........ 64 Units.................. $13,230,000
---------------
Total:.................. $140,800,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(7)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $24,558,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(7)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $370,879,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $2,526,034,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $806,020,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $268,392,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$4,458,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,250,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $84,630,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$536,237,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $866,171,000.
(7) $12,600,000 for construction of an air freight terminal
and base supply complex at McGuire Air Force Base, New
Jersey, authorized by section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat. 1654A-399), as amended by
section 2305.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a); and
(2) $12,000,000 (the balance of the amount authorized under
section 2301(a) for a maintenance depot hanger at Hill Air
Force Base, Utah).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (7) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $15,846,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military construction outside the United
States; and
(2) $47,878,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military family housing construction and
military family housing support outside the United States.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECT.
(a) Modification.--The table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 2001
(division B of the Spence Act; 114 Stat. 1654A-399) is
amended--
(1) in the item relating to McGuire Air Force Base, New
Jersey, by striking ``$29,772,000'' in the amount column and
inserting ``$32,972,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$748,955,000''.
(b) Conforming Amendments.--Section 2304(b)(2) of that Act
(114 Stat. 1654A-402) is amended by striking ``$9,400,000''
and inserting ``$12,600,000''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization...... Blue Grass Army Depot, $47,220,000
Kentucky..............
Defense Education Activity..... Laurel Bay, South $12,850,000
Carolina..............
Marine Corps Base, Camp $8,857,000
LeJeune, North
Carolina..............
Defense Logistics Agency....... Defense Distribution $30,000,000
Depot Tracy,
California............
Defense Distribution $19,900,000
New Cumberland,
Pennsylvania..........
Eielson Air Force Base, $8,800,000
Alaska................
Fort Belvoir, Virginia. $900,000
Grand Forks Air Force $9,110,000
Base, North Dakota....
Hickam Air Force Base, $29,200,000
Hawaii................
McGuire Air Force Base, $4,400,000
New Jersey............
Minot Air Force Base, $14,000,000
North Dakota..........
Philadelphia, $2,429,000
Pennsylvania..........
Pope Air Force Base, $3,400,000
North Carolina........
Special Operations Command..... Aberdeen Proving $3,200,000
Ground, Maryland......
Fort Benning, Georgia.. $5,100,000
Fort Bragg, North $35,962,000
Carolina..............
Fort Lewis, Washington. $6,900,000
Hurlburt Field, Florida $13,400,000
MacDill Air Force Base, $12,000,000
Florida...............
[[Page H7082]]
Naval Station, San $13,650,000
Diego, California.....
TRICARE Management Activity.... Andrews Air Force Base, $10,250,000
Maryland..............
Dyess Air Force Base, $3,300,000
Texas.................
F. E. Warren Air Force $2,700,000
Base, Wyoming.........
Fort Hood, Texas....... $12,200,000
Fort Stewart/Hunter $11,000,000
Army Air Field,
Georgia...............
Holloman Air Force $5,700,000
Base, New Mexico......
Hurlburt Field, Florida $8,800,000
Marine Corps Base, Camp $1,150,000
Pendleton, California.
Marine Corps Logistics $5,800,000
Base, Albany, Georgia.
Naval Air Station, $1,900,000
Whidbey Island,
Washington............
Naval Hospital, $1,600,000
Twentynine Palms,
California............
Naval Station, Mayport, $24,000,000
Florida...............
Naval Station, Norfolk, $21,000,000
Virginia..............
Schriever Air Force $4,000,000
Base, Colorado........
Washington Headquarters Pentagon Reservation, $25,000,000
Services...................... Virginia..............
---------------
Total:............... $325,228,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Aviano Air Base, Italy. $3,647,000
Geilenkirchen AB, $1,733,000
Germany...............
Heidelberg, Germany.... $3,312,000
Kaiserslautern, Germany $1,439,000
Kitzingen, Germany..... $1,394,000
Landstuhl, Germany..... $1,444,000
Ramstein Air Force $2,814,000
Base, Germany.........
Royal Air Force, $22,132,000
Feltwell, United
Kingdom...............
Vogelweh Annex, Germany $1,558,000
Wiesbaden Air Base, $1,378,000
Germany...............
Wuerzburg, Germany..... $2,684,000
Defense Logistics Agency....... Anderson Air Force $20,000,000
Base, Guam............
Camp Casey, Korea...... $5,500,000
Naval Station, Rota, $3,000,000
Spain.................
Yokota Air Base, Japan. $13,000,000
Office Secretary of Defense.... Comalapa Air Base, El $12,577,000
Salvador..............
TRICARE Management Activity.... Heidelberg, Germany.... $28,000,000
Lajes Field, Azores, $3,750,000
Portugal..............
Thule, Greenland....... $10,800,000
---------------
Total:............... $140,162,000
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(6), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $35,600,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $1,421,319,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $370,164,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $140,162,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $24,492,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $74,496,000.
(6) For energy conservation projects authorized by section
2402 of this Act, $35,600,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $532,200,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $250,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $43,762,000, of which not more than $37,298,000
may be obligated or expended for the leasing of military
family housing units worldwide.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $2,000,000.
(9) For the construction of phase 6 of an ammunition
demilitarization facility at Pine Bluff Arsenal, Arkansas,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of
the Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104-106; 110 Stat. 539),
section 2408 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85; 111
Stat. 1982), section 2406 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2197), and section 2407 of this Act,
$26,000,000.
(10) For the construction of phase 3 of an ammunition
demilitarization facility at Pueblo Army Depot, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of
the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 839),
$11,000,000.
(11) For construction of phase 4 of an ammunition
demilitarization facility at Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $66,000,000.
(12) For construction of phase 4 of an ammunition
demilitarization facility at Aberdeen Proving Ground,
Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division
B of Public Law 105-261; 112 Stat. 2193), as amended by
section 2406 of this Act, $66,500,000.
(13) For construction of a hospital at Fort Wainwright,
Alaska, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 836), $18,500,000.
(14) For construction of an aircrew water survival training
facility at Naval Air Station, Whidbey Island, Washington,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 836), as amended by section 2405 of
this Act, $6,600,000.
(15) For the construction of phase 2 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65, 113 Stat. 836), as amended by section 2405,
$3,000,000.
(16) For construction of FHOTC Support Facilities at Camp
Pendleton, California, authorized by section 2401(a) of the
Military
[[Page H7083]]
Construction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat.1654A-402), as amended by
section 2404 of this Act, $3,150,000.
(17) For replacement of a Medical/Dental Clinic, Las
Flores, at Camp Pendleton, California, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114
Stat.1654A-402), as amended by section 2404 of this Act,
$3,800,000.
(18) For replacement of a Medical/Dental Clinic, Las
Pulgas, at Camp Pendleton, California, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114
Stat.1654A-402), as amended by section 2404 of this Act,
$4,050,000.
(19) For replacement of a Medical/Dental Clinic, Horno, at
Camp Pendleton, California, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal Year
2001 (division B of the Spence Act; 114 Stat.1654A-402), as
amended by section 2404 of this Act, $4,300,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
(c) Adjustments.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (19) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $17,857,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military construction outside the United
States; and
(2) $10,250,000, which represents the combination of
project savings in military construction resulting from
favorable bids, reduced overhead charges, and cancellations
due to force structure changes.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECT.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A-402) is amended--
(1) under the agency heading relating to TRICARE Management
Activity, in the item relating to Marine Corps Base, Camp
Pendleton, California, by striking ``$14,150,000'' and
inserting ``$15,300,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$258,056,000''.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECTS.
(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 836) is amended--
(1) under the agency heading relating to TRICARE Management
Activity, in the item relating to Naval Air Station, Whidbey
Island, Washington, by striking ``$4,700,000'' inserting
``$6,600,000'';
(2) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$206,800,000'' in the amount
column and inserting ``$254,030,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$636,550,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of that Act
(113 Stat. 839) is amended by striking ``$184,000,000'' and
inserting ``$231,230,000''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1999 PROJECT.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193) is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Aberdeen Proving
Ground, Maryland, by striking ``$186,350,000'' in the amount
column and inserting ``$223,950,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$727,616,000''.
(b) Conforming Amendments.--Section 2404(b)(3) of that Act
(112 Stat. 2196) is amended by striking ``$158,000,000'' and
inserting ``$195,600,000''.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1995 PROJECT.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of
the Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104-106; 110 Stat. 539),
section 2408 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85; 111
Stat. 1982), and section 2406 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2197), is amended under the agency
heading relating to Chemical Agents and Munitions
Destruction, in the item relating to Pine Bluff Arsenal,
Arkansas, by striking ``$154,400,000'' in the amount column
and inserting ``$177,400,000''.
SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP FORWARD
OPERATING LOCATION ON ARUBA FOR UNITED STATES
SOUTHERN COMMAND COUNTER-DRUG DETECTION AND
MONITORING FLIGHTS.
None of the funds appropriated under the heading ``military
construction, defense-wide'' in chapter 3 of title III of the
Emergency Supplemental Act, 2000 (Public Law 106-246; 114
Stat. 579), may be used by the Secretary of Defense to
develop any forward operating location on the island of Aruba
to serve as a location from which the United States Southern
Command could conduct counter-drug detection and monitoring
flights.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2001, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501, in
the amount of $162,600,000.
TITLE XXVI--GUARD AND RESERVE FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) In General.--There are authorized to be appropriated
for fiscal years beginning after September 30, 2001, for the
costs of acquisition, architectural and engineering services,
and construction of facilities for the Guard and Reserve
Forces, and for contributions therefor, under chapter 1803 of
title 10, United States Code (including the cost of
acquisition of land for those facilities), the following
amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$304,915,000; and
(B) for the Army Reserve, $173,017,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $53,291,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$197,472,000; and
(B) for the Air Force Reserve, $79,132,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2005.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have
been obligated before the later of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2005 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1999 PROJECTS.
(a) Exception.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2199),
authorizations set forth in the tables in subsection (b), as
provided in section 2302 or 2601 of that Act, shall remain in
effect until October 1, 2002, or the date of the enactment of
an Act authorizing funds for military construction for fiscal
year 2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
[[Page H7084]]
Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Family Housing Replacement $8,998,000
(55 Units)..................
Florida............................... Patrick Air Force Base... Family Housing Replacement $9,692,000
(46 Units)..................
New Mexico............................ Kirtland Air Force Base.. Family Housing Replacement $6,400,000
(37 Units)..................
Ohio.................................. Wright-Patterson Air Family Housing Replacement $5,600,000
Force Base.............. (40 Units)..................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts......................... Westfield................ Army Aviation Support $9,274,000
Facility....................
South Carolina........................ Spartanburg.............. Readiness Center............. $5,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1998 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1984),
authorizations set forth in the tables in subsection (b), as
provided in section 2102, 2202, or 2302 of that Act and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A-408), shall remain in effect
until October 1, 2002, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Fort Meade............... Family Housing Construction $7,900,000
(56 units)..................
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Complex, San Diego. Family Housing Replacement $13,500,000
(94 units)..................
California............................ Marine Corps Air Station, Family Housing Construction $28,881,000
Miramar................. (166 units).................
Louisiana............................. Naval Complex, New Family Housing Replacement $11,930,000
Orleans................. (100 units).................
Texas................................. Naval Air Station, Corpus Family Housing Construction $22,250,000
Christi................. (212 units).................
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................ Kirtland Air Force Base.. Family Housing Replacement $20,900,000
(180 units).................
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 2001; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN CERTAIN UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECT THRESHOLDS.
Section 2805 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by striking ``$500,000'' and
inserting ``$750,000'';
(2) in subsection (c)(1)(A), by striking ``$1,000,000'' and
inserting ``$1,500,000''; and
(3) in subsection (c)(1)(B), by striking ``$500,000'' and
inserting ``$750,000''.
SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL HAZARD
REMEDIATION FROM LIMITATION ON AUTHORIZED COST
VARIATIONS.
Subsection (d) of section 2853 of title 10, United States
Code, is amended to read as follows:
``(d) The limitation on cost increases in subsection (a)
does not apply--
``(1) to the settlement of a contractor claim under a
contract; or
``(2) to the costs associated with the required remediation
of an environmental hazard in connection with a military
construction project or military family housing project, such
as asbestos removal, radon abatement, lead-based paint
removal or abatement, or any other legally required
environmental hazard remediation, if the required remediation
could not have reasonably been anticipated at the time the
project was approved originally by Congress.''.
SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT ON MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING
ACTIVITIES.
(a) Repeal.--Section 2861 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of such title is
amended by striking the item relating to section 2861.
SEC. 2804. PERMANENT AUTHORIZATION FOR ALTERNATIVE AUTHORITY
FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Repeal of Termination Provision.--Section 2885 of title
10, United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the item relating to section 2885.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN
RECREATIONAL ACTIVITIES.
Section 2671 of title 10, United States Code, is amended--
(1) by transferring subsection (b) to the end of the
section and redesignating such subsection, as so transferred,
as subsection (e); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Subsection (a) shall not apply with respect to all or
certain specified hunting, fishing, or trapping at a military
installation or facility if the Secretary of Defense
determines that the application of the State or Territory
fish and game laws to such hunting, fishing, or trapping
without modification could result in undesirable consequences
for public safety or adverse effects on morale, welfare, or
recreation activities at the installation or facility. The
Secretary may not waive or modify the requirements under
subsection (a)(2) regarding a license for such hunting,
fishing, or trapping or any fee imposed by a State or
Territory to obtain such a license.''.
SEC. 2812. BASE EFFICIENCY PROJECT AT BROOKS AIR FORCE BASE,
TEXAS.
(a) Indemnification of Transferees.--Section 136 of the
Military Construction Appropriations Act, 2001 (division A of
Public Law 106-246; 114 Stat. 520), is amended--
(1) by striking subsection (n);
(2) by redesignating subsection (m) as subsection (n); and
(3) by inserting after subsection (l) the following new
subsection:
``(m) Indemnification of Transferees.--(1) With respect to
the disposal of real property under subsection (e) at the
Base as part of the Project, the Secretary shall hold
harmless, defend, and indemnify in full the
[[Page H7085]]
Community and other persons and entities described in
paragraph (2) from and against any suit, claim, demand or
action, liability, judgment, cost or other fee arising out of
any claim for personal injury or property damage (including
death, illness, or loss of or damage to property or economic
loss) that results from, or is in any manner predicated upon,
the release or threatened release of any hazardous substance,
pollutant or contaminant, or petroleum or petroleum
derivative as a result of Department of Defense activities at
the Base.
``(2) The persons and entities referred to in paragraph (1)
are the following:
``(A) The Community (including any officer, agent, or
employee of the Community) that acquires ownership or control
of any real property at the Base as described in paragraph
(1).
``(B) The State of Texas or any political subdivision of
the State (including any officer, agent, or employee of the
State or political subdivision) that acquires such ownership
or control.
``(C) Any other person or entity that acquires such
ownership or control.
``(D) Any successor, assignee, transferee, lender, or
lessee of a person or entity described in subparagraphs (A)
through (C).
``(3) To the extent the persons and entities described in
paragraph (2) contributed to any such release or threatened
release, paragraph (1) shall not apply.
``(4) No indemnification may be afforded under this
subsection unless the person or entity making a claim for
indemnification--
``(A) notifies the Department of Defense in writing within
two years after such claim accrues or begins action within
six months after the date of mailing, by certified or
registered mail, of notice of final denial of the claim by
the Department of Defense;
``(B) furnishes to the Department of Defense copies of
pertinent papers the entity receives;
``(C) furnishes evidence or proof of any claim, loss, or
damage covered by this subsection; and
``(D) provides, upon request by the Department of Defense,
access to the records and personnel of the entity for
purposes of defending or settling the claim or action.
``(5) In any case in which the Secretary determines that
the Department of Defense may be required to make
indemnification payments to a person under this subsection
for any suit, claim, demand or action, liability, judgment,
cost or other fee arising out of any claim for personal
injury or property damage referred to in paragraph (1), the
Secretary may settle or defend, on behalf of that person, the
claim for personal injury or property damage. If the person
to whom the Department of Defense may be required to make
indemnification payments does not allow the Secretary to
settle or defend the claim, the person may not be afforded
indemnification with respect to that claim under this
subsection.
``(6) For purposes of paragraph (4)(A), the date on which a
claim accrues is the date on which the plaintiff knew (or
reasonably should have known) that the personal injury or
property damage referred to in paragraph (1) was caused or
contributed to by the release or threatened release of a
hazardous substance, pollutant or contaminant, or petroleum
or petroleum derivative as a result of Department of Defense
activities at the Base.
``(7) Nothing in this subsection shall be construed as
affecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
``(8) In this subsection, the terms `facility', `hazardous
substance', `release', and `pollutant or contaminant' have
the meanings given such terms in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, respectively (42 U.S.C. 9601).''.
(b) Definitions.--Paragraph (9) of subsection (n) of such
section, as redesignated by subsection (a)(2), is amended by
striking ``, who shall be a civilian official of the
Department appointed by the President with the advice and
consent of the Senate''.
SEC. 2813. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND
RESERVE COMPONENT FACILITIES AS POLLING PLACES.
(a) Use of Military Installations Authorized.--Section 2670
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(b) Use as Polling Places.--(1) Notwithstanding chapter
29 of title 18 (including sections 592 and 593 of such
title), the Secretary of a military department may make a
building located on a military installation under the
jurisdiction of the Secretary available for use as a polling
place in any Federal, State, or local election for public
office.
``(2) Once a military installation is made available as the
site of a polling place with respect to a Federal, State, or
local election for public office, the Secretary shall
continue to make the site available for subsequent elections
for public office unless the Secretary provides to Congress
advance notice in a reasonable and timely manner of the
reasons why the site will no longer be made available as a
polling place.
``(3) In this subsection, the term `military installation'
has the meaning given the term in section 2687(e) of this
title.''.
(b) Use of Reserve Component Facilities.--(1) Section 18235
of such title is amended by adding at the end the following
new subsection:
``(c) Pursuant to a lease or other agreement under
subsection (a)(2), the Secretary may make a facility covered
by subsection (a) available for use as a polling place in any
Federal, State, or local election for public office
notwithstanding chapter 29 of title 18 (including sections
592 and 593 of such title). Once a facility is made available
as the site of a polling place with respect to an election
for public office, the Secretary shall continue to make the
facility available for subsequent elections for public office
unless the Secretary provides to Congress advance notice in a
reasonable and timely manner of the reasons why the facility
will no longer be made available as a polling place.''.
(2) Section 18236 of such title is amended by adding at the
end the following new subsection:
``(e) Pursuant to a lease or other agreement under
subsection (c)(1), a State may make a facility covered by
subsection (c) available for use as a polling place in any
Federal, State, or local election for public office
notwithstanding chapter 29 of title 18 (including sections
592 and 593 of such title).''.
(c) Conforming and Clerical Amendments.--(1) section 2670
of such title is further amended--
(A) by striking ``Under'' and inserting ``(a) Use by Red
Cross.--Under''; and
(B) by striking ``this section'' and inserting ``this
subsection''.
(2) The heading of such section is amended to read as
follows:
``Sec. 2670. Buildings on military installations: use by
American National Red Cross and as polling places''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
``2670. Buildings on military installations: use by American National
Red Cross and as polling places.''.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.
(a) 1988 Law.--Section 204(b)(4) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended--
(1) by redesignating subparagraphs (E), (F), (G), (H), and
(I) as subparagraphs (F), (G), (H), (I), and (J),
respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this
title (including property at an installation approved for
realignment which will be retained by the Department of
Defense or another Federal agency after realignment) to the
redevelopment authority for the installation if the
redevelopment authority agrees to lease, directly upon
transfer, one or more portions of the property transferred
under this subparagraph to the Secretary or to the head of
another department or agency of the Federal Government.
Subparagraph (B) shall apply to a transfer under this
subparagraph.
``(ii) A lease under clause (i) shall be for a term of not
to exceed 50 years, but may provide for options for renewal
or extension of the term by the department or agency
concerned.
``(iii) A lease under clause (i) may not require rental
payments by the United States.
``(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned ceases
requiring the use of the leased property before the
expiration of the term of the lease, the remainder of the
lease term may be satisfied by the same or another department
or agency of the Federal Government using the property for a
use similar to the use under the lease. Exercise of the
authority provided by this clause shall be made in
consultation with the redevelopment authority concerned.
``(v) Notwithstanding clause (iii) or chapter 137 of title
10, United States Code, if a lease under clause (i) involves
a substantial portion of the installation, the department or
agency concerned may obtain facility services for the leased
property and common area maintenance from the redevelopment
authority or the redevelopment authority's assignee as a
provision of the lease. The facility services and common area
maintenance shall be provided at a rate no higher than the
rate charged to non-Federal tenants of the transferred
property. Facility services and common area maintenance
covered by the lease shall not include--
``(I) municipal services that a State or local government
is required by law to provide to all landowners in its
jurisdiction without direct charge; or
``(II) firefighting or security-guard functions.''.
(b) 1990 Law.--Section 2905(b)(4)(E) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding
at the end the following new clause:
``(v) Notwithstanding clause (iii) or chapter 137 of title
10, United States Code, if a lease under clause (i) involves
a substantial portion of the installation, the department or
agency concerned may obtain facility services for the leased
property and common area maintenance from the redevelopment
authority or the redevelopment authority's assignee as a
provision of the lease. The facility services and common area
maintenance shall be provided at a rate no higher
[[Page H7086]]
than the rate charged to non-Federal tenants of the
transferred property. Facility services and common area
maintenance covered by the lease shall not include--
``(I) municipal services that a State or local government
is required by law to provide to all landowners in its
jurisdiction without direct charge; or
``(II) firefighting or security-guard functions.''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. MODIFICATION OF LAND EXCHANGE, ROCK ISLAND
ARSENAL, ILLINOIS.
(a) Additional Conveyance Authorized.--Subsection (a) of
section 2832 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 857) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may convey to the City all right,
title, and interest of the United States in and to an
additional parcel of real property, including improvements
thereon, at the Rock Island Arsenal consisting of
approximately .513 acres.''.
(b) Consideration.--Subsection (b) of such section is
amended--
(1) by inserting ``(1)'' before ``As consideration'';
(2) by striking ``subsection (a)'' both places it appears
and inserting ``subsection (a)(1)''; and
(3) by adding at the end the following new paragraph:
``(2) As consideration for the conveyance under subsection
(a)(2), the City shall convey to the Secretary all right,
title, and interest of the City in and to a parcel of real
property consisting of approximately .063 acres and construct
on the parcel, at the City's expense, a new access ramp to
the Rock Island Arsenal.''.
SEC. 2832. MODIFICATION OF LAND CONVEYANCES, FORT DIX, NEW
JERSEY.
Section 2835(c) of the Military Construction Authorization
Act for Fiscal Year 1998 (division B of Public Law 105-85;
111 Stat. 2004) is amended by adding at the end the following
new paragraph:
``(3) Notwithstanding paragraphs (1) or (2), the Borough
and Board may exchange between each other, without the
consent of the Secretary, all or any portion of the property
conveyed under subsection (a) so long as the property
continues to be used by the grantees for economic development
or educational purposes.''.
SEC. 2833. LEASE AUTHORITY, FORT DERUSSY, HAWAII.
Notwithstanding section 809 of the Military Construction
Authorization Act, 1968 (Public Law 90-110; 81 Stat. 309) and
section 2814(b) of the Military Construction Authorization
Act, 1989 (Public Law 100-456; 102 Stat. 2117), the Secretary
of the Army may enter into a lease with the City of Honolulu,
Hawaii, for the purpose of making available to the City a
parcel of real property at Fort DeRussy, Hawaii, for the
construction of a parking facility.
SEC. 2834. LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS,
WASHINGTON.
(a) Exchange Authorized.--(1) The Secretary of the Army may
convey to the Nisqually Tribe, a federally recognized Indian
tribe whose tribal lands are located within the State of
Washington, all right, title, and interest of the United
States in and to two parcels of real property, including any
improvements thereon, consisting of approximately 138 acres
at Fort Lewis, Washington, in exchange for the real property
described in subsection (b).
(2) The property authorized for conveyance under paragraph
(1) does not include Bonneville Power Administration
transmission facilities or the right of way described in
subsection (c).
(b) Consideration.--As consideration for the conveyance
under subsection (a), the Nisqually Tribe shall--
(1) acquire from Thurston Country, Washington, several
parcels of real property consisting of approximately 416
acres that are owned by the county, are within the boundaries
of Fort Lewis, and are currently leased by the Army, and
(2) convey fee title over the acquired property to the
Secretary.
(c) Right-of-Way for Bonneville Power Administration.--The
Secretary may use the authority provided in section 2668 of
title 10, United States Code, to convey to the Bonneville
Power Administration a right-of-way that authorizes the
Bonneville Power Administration to use real property at Fort
Lewis as a route for the Grand Coulee-Olympia and Olympia-
White River electric transmission lines and appurtenances to
facilitate the removal of such transmission lines from tribal
lands of the Nisqually Tribe.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) and acquired under subsection (b) shall be
determined by a survey satisfactory to the Secretary and the
Nisqually Tribe. The cost of the survey shall be borne by the
recipient of the property.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2835. LAND CONVEYANCE, WHITTIER-ANCHORAGE PIPELINE TANK
FARM, ANCHORAGE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Port of Anchorage, an
entity of the Municipality of Anchorage, Alaska, all right,
title, and interest of the United States in and to two
adjoining parcels of real property, including any
improvements thereon, consisting of approximately 48 acres in
Anchorage, Alaska, which are known as of the Whittier-
Anchorage Pipeline Tank Farm, for the purpose of permitting
the Port of Anchorage to use the parcels for economic
development.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the recipient of the real property.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section (a) as the Secretary
considers appropriate to protect the interests of the United
States.
PART II--NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE BEACH NAVAL
STATION, HUMBOLDT COUNTY, CALIFORNIA.
(a) Transfer Authorized.--The Secretary of the Navy may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior the real
property, including any improvements thereon, consisting of
the closed Centerville Beach Naval Station in Humboldt
County, California, for the purpose of permitting the
Secretary of the Interior to manage the real property as open
space or for other public purposes.
(b) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Navy. The cost of the survey shall be borne
by the Secretary of the Interior.
(c) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Navy considers appropriate to protect the
interests of the United States.
SEC. 2842. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, TOLEDO, OHIO.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey, without consideration, to the Toledo-Lucas County
Port Authority, Ohio (in this section referred to as the
``Port Authority''), all right, title, and interest of the
United States in and to a parcel of real property consisting
of approximately 29 acres, including any improvements
thereon, and comprising the Naval Weapons Industrial Reserve
Plant, Toledo, Ohio.
(2) The Secretary may include in the conveyance under
paragraph (1) such facilities, equipment, fixtures, and other
personal property located or based on the parcel conveyed
under that paragraph, or used in connection with the parcel,
as the Secretary determines to be not required by the Navy
for other purposes.
(b) Lease Authority.--Until such time as the real property
described in subsection (a)(1) is conveyed by deed, the
Secretary may lease the real property, together with any
improvements, facilities, equipment, fixtures, and other
personal property thereon, to the Port Authority in exchange
for security services, fire protection services, and
maintenance services provided by the Port Authority for the
real property.
(c) Conditions of Conveyance.--(1) The conveyance under
subsection (a), and any lease under subsection (b), shall be
subject to the conditions that the Port Authority--
(A) accept the parcel, and any improvements, facilities,
equipment, fixtures, and other personal property thereon, in
their condition at the time of the conveyance or lease, as
the case may be; and
(B) except as provided in paragraph (2), use the parcel,
and any improvements, facilities, equipment, fixtures, and
other personal property thereon, whether directly or through
an agreement with a public or private entity, for economic
development, redevelopment, or retention purposes, including
the creation or preservation of jobs and employment
opportunities, or such other public purposes as the Port
Authority determines appropriate.
(2) The Port Authority may at any time convey, lease, or
sublease, as the case may be, the parcel, and any
improvements, facilities, equipment, fixtures, and other
personal property thereon, to a public or private entity for
purposes described in paragraph (1)(B).
(d) Inspection.--The Secretary may permit the Port
Authority to review and inspect the improvements, facilities,
equipment, fixtures, and other personal property located on
the parcel described in subsection (a)(1) for purposes of the
conveyance authorized by that subsection and the lease
authorized by subsection (b).
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a)(1), and of any facilities, equipment fixtures,
or other personal property to be conveyed under subsection
(a)(2), shall be determined by a survey and other means
satisfactory to the Secretary. The cost of any activities
under the preceding sentence shall be borne by the Port
Authority.
[[Page H7087]]
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a)(1), and any lease
under subsection (b), as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2843. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF NAVAL
COMPUTER AND TELECOMMUNICATIONS STATION,
CUTLER, MAINE.
Section 2853(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence Act; 114
Stat. 1654A-430) is amended by inserting ``any or'' before
``all right''.
SEC. 2844. MODIFICATION OF LAND CONVEYANCE, FORMER UNITED
STATES MARINE CORPS AIR STATION, EAGLE MOUNTAIN
LAKE, TEXAS.
Section 5 of Public Law 85-258 (71 Stat. 583) is amended by
inserting before the period at the end the following: ``or
for the protection, maintenance, and operation of other Texas
National Guard facilities''.
SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP
ACTIVITY, WINTER HARBOR, MAINE.
(a) Transfer of Jurisdiction of Schoodic Point Property
Authorized.--(1) The Secretary of the Navy may transfer,
without consideration, to the Secretary of the Interior
administrative jurisdiction of a parcel of real property,
including any improvements thereon and appurtenances thereto,
consisting of approximately 26 acres as generally depicted as
Tract 15-116 on the map entitled ``Acadia National Park
Schoodic Point Area'', numbered 123/80,418 and dated May
2001. The map shall be on file and available for inspection
in the appropriate offices of the National Park Service.
(2) The transfer authorized by this subsection shall occur,
if at all, concurrently with the reversion of administrative
jurisdiction of a parcel of real property consisting of
approximately 71 acres, as depicted as Tract 15-115 on the
map referred to in paragraph (1), from the Secretary of the
Navy to the Secretary of the Interior as authorized by Public
Law 80-260 (61 Stat. 519) and to be executed on or about June
30, 2002.
(b) Conveyance of Corea and Winter Harbor Properties
Authorized.--The Secretary of the Navy may convey, without
consideration, to the State of Maine, any political
subdivision of the State of Maine, or any tax-supported
agency in the State of Maine, all right, title, and interest
of the United States in and to any of the parcels of real
property, including any improvements thereon and
appurtenances thereto, consisting of approximately 485 acres
and comprising the former facilities of the Naval Security
Group Activity, Winter Harbor, Maine, located in Hancock
County, Maine, except for the real property described in
subsection (a)(1).
(c) Transfer of Personal Property.--The Secretary of the
Navy shall transfer, without consideration, to the Secretary
of the Interior in the case of the real property transferred
under subsection (a), or to any recipient of such real
property in the case of real property conveyed under
subsection (b), any or all personal property associated with
such real property so transferred or conveyed, including--
(1) the ambulances and any fire trucks or other
firefighting equipment; and
(2) any personal property required to continue the
maintenance of the infrastructure of such real property,
including the generators and an uninterrupted power supply in
building 154 at the Corea site.
(d) Maintenance of Property Pending Conveyance.--The
Secretary of the Navy shall maintain any real property,
including any improvements thereon, appurtenances thereto,
and supporting infrastructure, to be conveyed under
subsection (b) until the earlier of--
(1) the date of the conveyance of such real property under
subsection (b); or
(2) September 30, 2003.
(e) Interim Lease.--(1) Until such time as any parcel of
real property to be conveyed under subsection (b) is conveyed
by deed under that subsection, the Secretary of the Navy may
lease such parcel to any person or entity determined by the
Secretary to be an appropriate lessee of such parcel.
(2) The amount of rent for a lease under paragraph (1)
shall be the amount determined by the Secretary to be
appropriate, and may be an amount less than the fair market
value of the lease.
(f) Reimbursement for Environmental and Other
Assessments.--(1) The Secretary of the Navy may require each
recipient of real property conveyed under subsection (b) to
reimburse the Secretary for the costs incurred by the
Secretary for any environmental assessment, study, or
analysis carried out by the Secretary with respect to such
property before completing the conveyance under that
subsection.
(2) The amount of any reimbursement required under
paragraph (1) shall be determined by the Secretary, but may
not exceed the cost of the assessment, study, or analysis for
which reimbursement is required.
(3) Section 2695(c) of title 10, United States Code, shall
apply to any amount received by the Secretary under this
subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property transferred under subsection
(a), and each parcel of real property conveyed under
subsection (b), shall be determined by a survey satisfactory
to the Secretary of the Navy. The cost of any survey under
the preceding sentence for real property conveyed under
subsection (b) shall be borne by the recipient of the real
property.
(h) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with any conveyance under subsection (b), and any
lease under subsection (e), as the Secretary considers
appropriate to protect the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. WATER RIGHTS CONVEYANCE, ANDERSEN AIR FORCE BASE,
GUAM.
(a) Authority To Convey.--In conjunction with the
conveyance of the water supply system for Anderson Air Force
Base, Guam, under the authority of section 2688 of title 10,
United States Code, and in accordance with all the
requirements of that section, the Secretary of the Air Force
may convey all right, title, and interest of the United
States, or such lesser estate as the Secretary considers
appropriate to serve the interests of the United States, in
the water rights related to the following Air Force
properties located on Guam:
(1) Andy South, also known as the Andersen Administrative
Annex.
(2) Marianas Bonins Base Command.
(3) Andersen Water Supply Annex, also known as the Tumon
Water Well or the Tumon Maui Well.
(b) Additional Requirements.--The Secretary may exercise
the authority contained in subsection (a) only if--
(1) the Secretary determines that adequate supplies of
potable groundwater exist under the main base and northwest
field portions of Andersen Air Force Base to meet the current
and long-term requirements of the installation for water;
(2) the Secretary determines that such supplies of
groundwater are economically obtainable; and
(3) the Secretary requires the conveyee of the water rights
under subsection (a) to provide a water system capable of
meeting the water supply needs of the main base and northwest
field portions of Anderson Air Force Base, as determined by
the Secretary.
(c) Interim Water Supplies.--If the Secretary determines
that it is in the best interests of the United States to
transfer title to the water rights and utility systems at
Andy South and Andersen Water Supply Annex before placing
into service a replacement water system and well field on
Andersen Air Force Base, the Secretary may require that the
United States have the primary right to all water produced
from Andy South and Andersen Water Supply Annex until the
replacement water system and well field is placed into
service and operates to the satisfaction of the Secretary. In
exercising the authority provided by this subsection, the
Secretary may retain a reversionary interest in the water
rights and utility systems at Andy South and Andersen Water
Supply Annex until such time as the new replacement water
system and well field is placed into service and operates to
the satisfaction of the Secretary.
(d) Sale of Excess Water Authorized.--(1) As part of the
conveyance of water rights under subsection (a), the
Secretary may authorize the conveyee of the water system to
sell to public or private entities such water from Andersen
Air Force Base as the Secretary determines to be excess to
the needs of the United States. In the event the Secretary
authorizes the conveyee to resell water, the Secretary shall
negotiate a reasonable return to the United States of the
value of such excess water sold by the conveyee, which return
the Secretary may receive in the form of reduced charges for
utility services provided by the conveyee.
(2) If the Secretary cannot meet the requirements of
subsection (b), and the Secretary determines to proceed with
a water utility system conveyance under section 2688 of title
10, United States Code, without the conveyance of water
rights, the Secretary may provide in any such conveyance that
the conveyee of the water system may sell to public or
private entities such water from Andy South and Andersen
Water Supply Annex as the Secretary determines to be excess
to the needs of the United States. The Secretary shall
negotiate a reasonable return to the United States of the
value of such excess water sold by the conveyee, which return
the Secretary may receive in the form of reduced charges for
utility services provided by the conveyee.
(e) Treatment of Water Rights.--For purposes of section
2688 of title 10, United States Code, the water rights
referred to in subsection (a) shall be considered as part of
a utility system (as that term is defined in subsection
(h)(2) of such section).
SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY AIR FORCE
BASE, COLORADO.
The Secretary of the Air Force shall reevaluate the terms
and conditions of the pending negotiated sale agreement with
the Lowry Redevelopment Authority for certain real property
at Lowry Air Force Base, Colorado, in light of changed
circumstances regarding the property, including changes in
the flood plain designations affecting some of the property,
to determine whether the changed circumstances warrant a
reduction in the amount of consideration otherwise required
under the agreement or other modifications to the agreement.
SEC. 2853. LAND CONVEYANCE, DEFENSE FUEL SUPPORT POINT,
FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to Florida State
University,
[[Page H7088]]
all right, title and interest of the United States in and to
a parcel of real property known as ``Defense Fuel Support
Point'', including any improvements thereon, located in Lynn
Haven, Florida, and consisting of approximately 200 acres for
the purpose of establishing a National Coastal Research
Center.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Secretary.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the
United States.
Subtitle E--Other Matters
SEC. 2861. TRANSFER OF JURISDICTION FOR DEVELOPMENT OF ARMED
FORCES RECREATION FACILITY, PARK CITY, UTAH.
(a) Transfer Required.--(1) The Secretary of the Interior
shall transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Air Force a parcel of
real property in Park City, Utah, including any improvements
thereon, that consists of approximately 35 acres, is located
in township 2 south, range 4 east, Salt Lake meridian, and is
designated as parcel 3 by the Bureau of Land Management.
(2) The transfer shall be subject to existing rights,
except that the Secretary of the Interior shall terminate any
lease with respect to the parcel issued under the Act of June
14, 1926 (commonly known as the Recreation and Public
Purposes Act; 43 U.S.C. 689 et seq.), and still in effect as
of the date of the enactment of this Act.
(3) The transfer required by this subsection shall be
completed not later than one year after the date of the
enactment of this Act.
(b) Use of Transferred Land.--(1) The Secretary of the Air
Force may use the real property transferred under subsection
(a) as the location for an armed forces recreation facility
to be developed using nonappropriated funds.
(2) The Secretary of the Air Force may return the
transferred property (or property acquired in exchange for
the transferred property under subsection (c)) to the
administrative jurisdiction of the Secretary of the Interior
at any time upon certifying that development of the armed
forces recreation facility would not be in the best interests
of the Government.
(c) Subsequent Conveyance Authority.--(1) In lieu of
developing the armed forces recreation facility on the real
property transferred under subsection (a), the Secretary of
the Air Force may convey or lease the property to the State
of Utah, a local government, or a private entity in exchange
for other property to be used as the site of the facility.
(2) The values of the properties exchanged by the Secretary
under this subsection either shall be equal, or if they are
not equal, the values shall be equalized by the payment of
money to the grantor or to the Secretary as the circumstances
require. The conveyance or lease shall be on such other terms
as the Secretary of the Air Force considers to be
advantageous to the development of the facility.
(d) Alternative Development Authority.--The Secretary of
the Air Force may lease the real property transferred under
subsection (a), or any property acquired pursuant to
subsection (c), to another party and may enter into a
contract with the party for the design, construction, and
operation of the armed forces recreation facility. The
Secretary of the Air Force may authorize the contractor to
operate the facility as both a military and a commercial
operation if the Secretary determines that such an
authorization is a necessary incentive for the contractor to
agree to design, construct, and operate the facility.
(e) Legal Description.--The exact acreage and legal
description of the real property to be transferred under
subsection (a) shall be determined by a survey. The cost of
the survey shall be borne by the Secretary of the Air Force.
SEC. 2862. SELECTION OF SITE FOR UNITED STATES AIR FORCE
MEMORIAL AND RELATED LAND TRANSFERS FOR THE
IMPROVEMENT OF ARLINGTON NATIONAL CEMETERY,
VIRGINIA.
(a) Definitions.--In this section:
(1) The term ``Arlington Naval Annex'' means the parcel of
Federal land located in Arlington County, Virginia, that is
subject to transfer to the administrative jurisdiction of the
Secretary of the Army under section 2881 of the Military
Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 879).
(2) The term ``Foundation'' means the Air Force Memorial
Foundation, which was authorized in Public Law 103-163 (107
Stat. 1973; 40 U.S.C. 1003 note) to establish a memorial in
the District of Columbia or its environs to honor the men and
women who have served in the United States Air Force and its
predecessors.
(3) The term ``Air Force Memorial'' means the United States
Air Force Memorial to be established by the Foundation.
(4) The term ``Arlington Ridge tract'' means the parcel of
Federal land in Arlington County, Virginia, known as the
Nevius Tract and transferred to the Department of the
Interior in 1953, that is bounded generally by--
(A) Arlington Boulevard (United States Route 50) to the
north;
(B) Jefferson Davis Highway (Virginia Route 110) to the
east;
(C) Marshall Drive to the south; and
(D) North Meade Street to the west.
(5) The term ``Section 29'' means a parcel of Federal land
in Arlington County, Virginia, that is currently administered
by the Secretary of the Interior within the boundaries of
Arlington National Cemetery and is identified as ``Section
29''.
(b) Offer of Portion of Arlington Naval Annex as Site for
Air Force Memorial.--Within 60 days after the date of the
enactment of this Act, the Secretary of Defense shall offer
to the Foundation an option to use, without reimbursement, up
to three acres of the Arlington Naval Annex as the site
within which the Foundation will construct the Air Force
Memorial. The offered acreage shall include the promontory
adjacent to, and the land underlying, Wing 8 of Federal
Office Building #2 in the northeast quadrant of the Arlington
Naval Annex.
(c) Acceptance or Rejection of Offer.--
(1) Deadline.--Within 90 days after the date on which the
Secretary of Defense makes the offer required by subsection
(b), the Foundation shall provide written notice to the
Secretary of the decision of the Foundation to accept or
decline the offer.
(2) Effect of acceptance.--Subject to subsection (d), if
the Foundation accepts the offer of the Secretary of Defense,
the Foundation shall relinquish all claims to the previously
approved location for the Air Force Memorial. No other
commemorative work may thereafter be established on the
Arlington Naval Annex property.
(3) Effect of rejection.--If the Foundation declines the
offer of the Secretary of Defense, the Foundation may resume
its efforts to construct the Air Force Memorial on the
Arlington Ridge tract from the farthest point of progress.
Any administrative record compiled during previous
proceedings related to the siting of the memorial on the
Arlington Ridge tract pursuant to Public Law 103-163 (40
U.S.C. 1003 note), shall be preserved, and all deadlines
tolled, while the Foundation is considering the offer of a
site for the memorial within the Arlington Naval Annex.
(d) Preparation for and Construction of Air Force
Memorial.--
(1) Preparation for construction.--Not later than two years
after the date on which the Foundation accepts the offer made
under subsection (b) and has available sufficient funds to
construct the Air Force Memorial, the Secretary of Defense,
in coordination with the Foundation, shall remove all
structures and prepare the Arlington Naval Annex site for use
as may be necessary to permit construction of the memorial
and appropriate access.
(2) Construction of memorial.--Upon the removal of
structures and preparation of the property for use as
required by paragraph (1), the Secretary of Defense shall
permit the Foundation to commence construction of the Air
Force Memorial on the Arlington Naval Annex site.
(3) Relation to other transfer authority.--Nothing in this
section alters the deadline for transfer of the Arlington
Naval Annex to the Secretary of the Army and remediation of
the transferred land for use as part of Arlington National
Cemetery, as required by section 2881 of the Military
Construction Authorization Act for Fiscal Year 2000.
(4) Oversight.--The Secretary of Defense shall have
exclusive authority in all matters relating to approval of
the siting and design of the Air Force Memorial on the
Arlington Naval Annex site, and the siting, design, and
construction of the memorial on such site shall not be
subject to the requirements of the Commemorative Works Act
(40 U.S.C. 1001 et seq.).
(e) Access and Management of Resulting Air Force
Memorial.--The Secretary of the Army may enter into a
cooperative agreement with the Foundation to provide for
management of the Air Force Memorial constructed on the
Arlington Naval Annex site and to guarantee public access to
the memorial.
(f) Land Transfer, Arlington Ridge Tract.--
(1) Transfer required.--Within 30 days after the date of
the enactment of this Act, the Secretary of the Interior
shall transfer, without reimbursement, to the Secretary of
the Army administrative jurisdiction over the Arlington Ridge
tract.
(2) Use of land.--The Secretary of the Army shall
incorporate the Arlington Ridge tract into Arlington National
Cemetery and may designate and use up to 15 acres of that
portion of the tract east of the Netherlands Carillon and
Marine Corps Memorial as new in-ground burial sites, for both
full casket and cremated remains, for the burial of eligible
individuals in Arlington National Cemetery. Burial sites
shall not be developed within 50 feet of the pathway, in
existence as of the date of the enactment of this Act, that
connects the Netherlands Carillon and the Marine Corps
Memorial or the existing roadway that circles the Marine
Corps Memorial. No other structures shall be permitted on the
Arlington Ridge tract.
(3) Access and management of existing memorials.--The
Secretary of the Army and the Secretary of the Interior shall
enter into a cooperative agreement to continue National Park
Service management of the Netherlands Carillon and the Marine
Corps
[[Page H7089]]
Memorial and to guarantee public access to these locations.
(g) Land Transfer, Section 29.--
(1) Transfer required.--Within 30 days after the date of
the enactment of this Act, the Secretary of the Interior
shall transfer, without reimbursement, to the Secretary of
the Army administrative jurisdiction over that portion of
Section 29 located more than 50 feet from Sherman Drive and
located between Ord and Weitzel Drive and the southern
boundary of Section 29.
(2) Use of land.--The Secretary of the Army shall use the
transferred property only for the development of in-ground
burial sites and columbarium which are designed to meet the
contours of Section 29. The Secretary of the Army shall
preserve the natural setting of the parcel and the mature
trees on the parcel to the greatest extent practicable while
providing for its efficent use as burial space.
(3) Management of remainder.--The Secretary of the Army and
the Secretary of the Interior shall enter into a cooperative
agreement to continue National Park Service management of
that portion of Section 29 that is not transferred under this
subsection to provide a natural setting and visual buffer for
Arlington House, the Robert E. Lee Memorial.
(h) Removal of Arlington Naval Annex as Possible National
Military Museum Site.--
(1) Existing navy annex transfer.--Section 2881 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 879) is amended--
(A) in subsection (b)--
(i) by striking ``(1) Subject to paragraph (2), the'' and
inserting ``The''; and
(ii) by striking paragraph (2);
(B) by striking subsections (d), (e), and (f); and
(C) by redesignating subsections (g) and (h) as subsections
(d) and (e), respectively.
(2) Commission on National Military Museum.--Section 2902
of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 881; 10
U.S.C. 111 note) is amended by striking subsection (d) and
inserting the following new subsection:
``(d) Prohibition on Consideration of Arlington Naval
Annex.--The Commission may not consider any portion of the
Navy Annex property described in section 2881 as a possible
site for a national military museum.''.
SEC. 2863. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO.
(a) Authority to Lease Certain Housing Units for Use as
Army Housing.--Title I of division I of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333; 16
U.S.C. 460bb note) is amended by adding at the end the
following new section:
``SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING
UNITS WITHIN THE PRESIDIO.
``(a) Availability of Housing Units for Long-Term Army
Lease.--Subject to subsection (c), the Trust shall make
available for lease, to those persons designated by the
Secretary of the Army and for such length of time as
requested by the Secretary of the Army, 22 housing units
located within the Presidio that are under the administrative
jurisdiction of the Trust and specified in the agreement
between the Trust and the Secretary of the Army in existence
as of the date of the enactment of this section.
``(b) Lease Amount.--The monthly amount charged by the
Trust for the lease of a housing unit under this section
shall be equivalent to the monthly rate of the basic
allowance for housing that the occupant of the housing unit
is entitled to receive under section 403 of title 37, United
States Code.
``(c) Condition on Continued Availability of Housing
Units.--Effective after the end of the four-year period
beginning on the date of the enactment of this section, the
Trust shall have no obligation to make housing units
available under subsection (a) unless, during that four-year
period, the Secretary of the Treasury purchases new
obligations of at least $80,000,000 issued by the Trust under
section 104(d)(2). In the event that this condition is not
satisfied, the existing agreement referred to in subsection
(a) shall be renewed on the same terms and conditions for an
additional two years.''.
(b) Increased Borrowing Authority and Technical
Corrections.--Paragraphs (2) and (3) of section 104(d) of
title I of division I of the Omnibus Parks and Public Lands
Management Act of 1996, as amended by section 334 of appendix
C of Public Law 106-113 (113 Stat. 1501A-199) and amended and
redesignated by section 101(13) of Public Law 106-176 (114
Stat. 25), are amended--
(1) in paragraph (2), by striking ``including a review of
the creditworthiness of the loan and establishment of a
repayment schedule,'' the second place it appears; and
(2) in paragraph (3)--
(A) by striking ``$50,000,000'' and inserting
``$150,000,000''; and
(B) by striking ``paragraph (3) of''.
SEC. 2864. EFFECT OF LIMITATION ON CONSTRUCTION OF ROADS OR
HIGHWAYS, MARINE CORPS BASE, CAMP PENDLETON,
CALIFORNIA.
Section 2851 of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2219), as amended by section 2881 of the Spence Act
(114 Stat. 1654A-438), is amended by adding at the end the
following new subsection:
``(g) Limitation on Construction of Roads or Highways.--If
a State law enacted after January 1, 2001, directly or
indirectly prohibits or restricts the construction or
approval of a road or highway within the easement granted
under this section, the State law shall not be effective with
respect to such construction or approval.''.
SEC. 2865. ESTABLISHMENT OF WORLD WAR II MEMORIAL AT
ADDITIONAL LOCATION ON GUAM.
Section 2886 of the Military Construction Authorization Act
for Fiscal Year 2001 (division B of the Spence Act; 114 Stat.
1654A-441) is amended--
(1) in subsection (a), by inserting ``, and on Federal
lands near Yigo,'' after ``Fena Caves'';
(2) in the heading of subsection (b), by striking
``Memorial'' and inserting ``Memorials''; and
(3) in subsections (b) and (c), by striking ``memorial''
each place it appears and inserting ``memorials''.
SEC. 2866. ADDITIONAL EXTENSION OF DEMONSTRATION PROJECT FOR
PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC
WORKS, AND UTILITY SERVICES FROM LOCAL
GOVERNMENT AGENCIES.
Section 816(c) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820), as
added by section 2873 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2225), is amended by inserting before the period at
the end the following: ``, with regard to fire-fighting and
police services, and September 30, 2003, with regard to other
services described in under subsection (a)''.
SEC. 2867. CONVEYANCE OF AVIGATION EASEMENTS, FORMER NORTON
AIR FORCE BASE, CALIFORNIA.
The Administrator of General Services shall convey, without
consideration, to the Inland Valley Development Agency (the
redevelopment authority for former Norton Air Force Base,
California) two avigation easements (identified as APN 289-
231-08 and APN 289-232-08) held by the United States.
SEC. 2868. REPORT ON OPTIONS TO PROMOTE ECONOMIC DEVELOPMENT
IN COMMUNITY ADJACENT TO UNITED STATES MILITARY
ACADEMY, NEW YORK.
(a) Report Required.--Not later than February 1, 2002, the
Secretary of the Army shall submit to Congress a report
evaluating various options by which the Secretary may promote
economic development in the Village of Highland Falls, New
York, which is located adjacent to the United States Military
Academy.
(b) Specific Consideration of Certain Options.--Among the
options evaluated under subsection (a), the Secretary shall
specifically address the following:
(1) The fee simple conveyance of real property under the
jurisdiction of the Secretary in the Town of Highlands, New
York, to the Village, without consideration, for the purpose
of permitting the Village to use the property to promote
economic development.
(2) Use by the Secretary of the authority under section
2667 of title 10, United States Code, to make non-excess real
property under the jurisdiction of the Secretary available to
the Village for such purpose.
TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Fort Irwin Military Land
Withdrawal Act of 2001''.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR NATIONAL
TRAINING CENTER.
(a) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this title, all public lands
and interests in lands described in subsection (c) are hereby
withdrawn from all forms of appropriation under the general
land laws, including the mining laws and mineral and
geothermal leasing laws, and jurisdiction over such lands and
interests in lands withdrawn and reserved by this title is
hereby transferred to the Secretary of the Army.
(b) Reservation.--The lands withdrawn under subsection (a)
are reserved for use by the Secretary of the Army for the
following purposes:
(1) The conduct of combined arms military training at the
National Training Center.
(2) The development and testing of military equipment at
the National Training Center.
(3) Other defense-related purposes consistent with the
purposes specified in paragraphs (1) and (2).
(4) Conservation and related research purposes.
(c) Land Description.--The public lands and interests in
lands withdrawn and reserved by this section comprise
approximately 110,000 acres in San Bernardino County,
California, as generally depicted as ``Proposed Withdrawal
Land'' on the map entitled ``National Training Center--
Proposed Withdrawal of Public Lands for Training Purposes,''
dated September 21, 2000, and filed in accordance with
section 2903.
(d) Changes in Use.--The Secretary of the Army shall
consult with the Secretary of the Interior before using the
lands withdrawn and reserved by this section for any purpose
other than those purposes identified in subsection (b).
(e) Indian Tribes.--Nothing in this title shall be
construed as altering any rights reserved for tribal use by
treaty or Federal law. The Secretary of the Army shall
consult with federally recognized Indian tribes in the
[[Page H7090]]
vicinity of the lands withdrawn under subsection (a) before
taking action affecting rights or cultural resources
protected by treaty or Federal law.
SEC. 2903. MAP AND LEGAL DESCRIPTION.
(a) Preparation of Map and Legal Description.--As soon as
practicable after the date of the enactment of this Act, the
Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file a map and legal description of the lands withdrawn
and reserved by this title with the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(b) Legal Effect.--The map and legal description shall have
the same force and effect as if included in this title,
except that the Secretary of the Interior may correct
clerical and typographical errors in the map and legal
description.
(c) Availability.--Copies of the map and the legal
description shall be available for public inspection in the
following offices:
(1) The offices of the California State Director,
California Desert District Office, and Riverside and Barstow
Field Offices of the Bureau of Land Management.
(2) The Office of the Commander, National Training Center
and Fort Irwin.
(d) Costs.--The Secretary of the Army shall reimburse the
Secretary of the Interior for the costs incurred by the
Secretary of the Interior in implementing this section.
SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
(a) General Management Authority.--During the period of the
withdrawal and reservation made by this title, the Secretary
of the Army shall manage the lands withdrawn and reserved by
this title for the purposes specified in section 2902.
(b) Temporary Prohibition on Certain Use.--Military use of
the lands withdrawn and reserved by this title that result in
ground disturbance, as determined by the Secretary of the
Army and the Secretary of the Interior, are prohibited until
the Secretary of the Army and the Secretary of the Interior
certify to Congress that there has been full compliance with
respect to such lands with the appropriate provisions of this
title, the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and other applicable laws.
(c) Access Restrictions.--
(1) In general.--If the Secretary of the Army determines
that military operations, public safety, or national security
require the closure to the public of any road, trail, or
other portion of the lands withdrawn and reserved by this
title, the Secretary may take such action as the Secretary
determines necessary or desirable to effect and maintain such
closure.
(2) Limitation.--Any closure under paragraph (1) shall be
limited to the minimum areas and periods that the Secretary
of the Army determines are required for the purposes
specified in such paragraph.
(3) Notice.--Immediately preceding and during any closure
under paragraph (1), the Secretary of the Army shall post
appropriate warning notices and take other steps, as
necessary, to notify the public of the closure.
(d) Integrated Natural Resources Management Plan.--The
Secretary of the Army shall prepare and implement, in
accordance with title I of the Sikes Act (16 U.S.C. 670 et
seq.), an integrated natural resources management plan for
the lands withdrawn and reserved by this title. In addition
to the elements required under the Sikes Act, the integrated
natural resources management plan shall include the
following:
(1) A requirement that any hunting, fishing, and trapping
on the lands withdrawn and reserved by this title be
conducted in accordance with section 2671 of title 10, United
States Code.
(2) A requirement that the Secretary of the Army take
necessary actions to prevent, suppress, and manage brush and
range fires occurring within the boundaries of Fort Irwin and
brush and range fires occurring outside the boundaries of
Fort Irwin that result from military activities at Fort
Irwin.
(e) Firefighting.--Notwithstanding section 2465 of title
10, United States Code, the Secretary of the Army may
obligate funds appropriated or otherwise available to the
Secretary of the Army to enter into a memorandum of
understanding, cooperative agreement, or contract for fire
fighting services to carry out the requirements of subsection
(d)(2). The Secretary of the Army shall reimburse the
Secretary of the Interior for costs incurred by the Secretary
of the Interior to assist in carrying out the requirements of
such subsection.
(f) Consultation With National Aeronautics and Space
Administration.--In preparing and implementing any plan,
report, assessment, survey, opinion, or impact statement
regarding the lands withdrawn and reserved by this title, the
Secretary of the Army shall consult with the Administrator of
the National Aeronautics and Space Administration whenever
proposed Army actions have the potential to affect the
operations or the environmental management of the Goldstone
Deep Space Communications Complex. The requirement for
consultation shall apply, at a minimum, to the following:
(1) Plans for military training, military equipment
testing, or related activities that have the potential of
impacting communications between Goldstone Deep Space
Communications Complex and space flight missions or other
transmission or receipt of signals from outer space by the
Goldstone Deep Space Communications Complex.
(2) The integrated natural resources management plan
required by subsection (d).
(3) The West Mojave Coordinated Management Plan referred to
in section 2907.
(4) Any document prepared in compliance with the Endangered
Species Act of 1973, the National Environmental Policy Act of
1969, and other laws applicable to the lands withdrawn and
reserved by this title.
(g) Use of Mineral Materials.--Notwithstanding any other
provision of this title or the Act of July 31, 1947 (commonly
known as the Materials Act of 1947, 30 U.S.C. 601 et seq.),
the Secretary of the Army may use sand, gravel, or similar
mineral material resources of the type subject to disposition
under such Act from the lands withdrawn and reserved by this
title if the use of such resources is required for
construction needs of the National Training Center.
SEC. 2905. WATER RIGHTS.
(a) No Reserved Water Right Established.--Nothing in this
title shall be construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on the lands
withdrawn and reserved by this title; or
(2) to authorize the appropriation of water on such lands
by the United States after the date of the enactment of this
Act, except in accordance with applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act, and the Secretary of
the Army may exercise any such previously acquired or
reserved water rights.
SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL
RESPONSE REQUIREMENTS.
(a) Agreement Concerning Environment and Public Health.--
The Secretary of the Army and the Secretary of the Interior
may enter into such agreements concerning the environment and
public health as are necessary, appropriate, and in the
public interest to carry out the purposes of this title.
(b) Relation to Other Environmental Laws.--Nothing in this
section shall be construed to alter the rights,
responsibilities, and obligations of the Secretary of the
Army or the Secretary of the Interior under the Comprehensive
Environmental Response, Compensation and Liability Act of
1980 (42 U.S.C. 9601 et seq.) or other environmental laws
applicable to the lands withdrawn and reserved by this title.
SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN.
(a) Completion.--The Secretary of the Interior shall make
every effort to complete the West Mojave Coordinated
Management Plan not later than two years after the date of
the enactment of this Act.
(b) Consideration of Withdrawal and Reservation Impacts.--
The Secretary of the Interior shall ensure that the West
Mojave Coordinated Management Plan considers the impacts of
the availability or nonavailability of the lands withdrawn
and reserved by this title on the plan as a whole.
(c) Consultation.--The Secretary of the Interior shall
consult with the Secretary of the Army and the Administrator
of the National Aeronautics and Space Administration in the
development of the West Mojave Coordinated Management Plan.
SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.
Congress hereby finds and directs that lands withdrawn and
reserved by this title have been adequately studied for
wilderness designation pursuant to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), and are no longer subject to the requirement of
such section pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of
such areas for preservation as wilderness.
SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY
CORRIDORS.
(a) Required Separation.--All military ground activity
training on the lands withdrawn and reserved by this title
shall remain at least 500 meters from any utility system, in
existence as of the date of the enactment of this Act, in
Utility Planning Corridor D, as described in the California
Desert Conservation Area Plan, dated 1980 and subsequently
amended.
(b) Exception.--Subsection (a) does not modify the use of
any lands used, as of the date of the enactment of this Act,
by the National Training Center for training or alter any
right of access granted by interagency agreement.
SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.
(a) Termination Date.--Unless extended pursuant to section
2911, unless relinquishment is postponed by the Secretary of
the Interior pursuant to section 2912(b), and except as
provided in section 2912(d), the withdrawal and reservation
made by this title shall terminate 25 years after the date of
the enactment of this Act.
(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
[[Page H7091]]
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 that shall state 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 concerning 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.
(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.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for the activities
of the National Nuclear Security Administration in carrying
out programs necessary for national security in the amount of
$6,859,895,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities,
$5,369,488,000, to be allocated as follows:
(A) For stewardship operation and maintenance,
$4,527,192,000, to be allocated as follows:
(i) For directed stockpile work, $1,043,791,000.
(ii) For campaigns, $2,036,413,000, to be allocated as
follows:
(I) For operation and maintenance, $1,653,441,000.
(II) For construction, $382,972,000, to be allocated as
follows:
Project 01-D-101, distributed information systems
laboratory, Sandia National Laboratories, Livermore,
California, $5,400,000.
Project 00-D-103, terascale simulation facility, Lawrence
Livermore National Laboratory, Livermore, California,
$20,000,000.
Project 00-D-105, strategic computing complex, Los Alamos
National Laboratory, Los Alamos, New Mexico, $11,070,000.
Project 00-D-107, joint computational engineering
laboratory, Sandia National Laboratories, Albuquerque, New
Mexico, $5,377,000.
Project 98-D-125, tritium extraction facility, Savannah
River Plant, Aiken, South Carolina, $81,125,000.
Project 98-D-126, accelerator production of tritium (APT),
various locations, $15,000,000.
Project 96-D-111, national ignition facility (NIF),
Lawrence Livermore National Laboratory, Livermore,
California, $245,000,000.
(iii) For readiness in technical base and facilities,
$1,446,988,000, to be allocated as follows:
(I) For operation and maintenance, $1,292,324,000.
(II) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $154,664,000, to be allocated as follows:
Project 02-D-101, microsystems and engineering sciences
applications (MESA), Sandia National Laboratories,
Albuquerque, New Mexico, $2,000,000.
Project 02-D-103, project engineering and design (PED),
various locations, $9,180,000.
Project 02-D-107, electrical power systems safety
communications and bus upgrades, Nevada Test Site, Nevada,
$3,507,000.
Project 01-D-103, preliminary project design and
engineering, various locations, $45,379,000.
Project 01-D-124, highly enriched uranium (HEU) materials
storage facility, Y-12 Plant, Oak Ridge, Tennessee,
$9,500,000.
Project 01-D-126, weapons evaluation test laboratory,
Pantex Plant, Amarillo, Texas, $7,700,000.
Project 01-D-800, sensitive compartmented information
facility, Lawrence Livermore National Laboratory, Livermore,
California, $12,993,000.
Project 99-D-103, isotope sciences facilities, Lawrence
Livermore National Laboratory, Livermore, California,
$4,400,000.
Project 99-D-104, protection of real property (roof
reconstruction, phase II), Lawrence Livermore National
Laboratory, Livermore, California, $2,800,000.
Project 99-D-106, model validation and system certification
center, Sandia National Laboratories, Albuquerque, New
Mexico, $4,955,000.
Project 99-D-125, replace boilers and controls, Kansas City
Plant, Kansas City, Missouri, $300,000.
Project 99-D-127, stockpile management restructuring
initiative, Kansas City plant, Kansas City, Missouri,
$22,200,000.
Project 99-D-128, stockpile management restructuring
initiative, Pantex Plant, Amarillo, Texas, $3,300,000.
Project 98-D-123, stockpile management restructuring
initiative, tritium facility modernization and consolidation,
Savannah River Plant, Aiken, South Carolina, $13,700,000.
Project 98-D-124, stockpile management restructuring
initiative, Y-12 consolidation, Oak Ridge, Tennessee,
$6,850,000.
Project 97-D-123, structural upgrades, Kansas City Plant,
Kansas City, Missouri, $3,000,000.
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $2,900,000.
(B) For facilities and infrastructure, $50,600,000.
(C) For secure transportation asset, $121,800,000, to be
allocated as follows:
(i) For operation and maintenance, $77,571,000.
(ii) For program direction, $44,229,000.
(D) For safeguards and security, $448,881,000, to be
allocated as follows:
[[Page H7092]]
(i) For operations and maintenance, $439,281,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $9,600,000, to be allocated as follows:
Project 99-D-132, stockpile management restructuring
initiative, nuclear material safeguards and security upgrades
project, Los Alamos National Laboratory, Los Alamos, New
Mexico, $9,600,000.
(E) For program direction, $250,000,000.
(F) The total amount authorized by this paragraph is the
sum of the amounts authorized to be appropriated by
subparagraphs (A) through (E), reduced by $28,985,000, to be
derived from a security charge for reimbursable work.
(2) Defense nuclear nonproliferation.--For other nuclear
security activities, $773,700,000, to be allocated as
follows:
(A) For nonproliferation and verification research and
development, $206,102,000, to be allocated as follows:
(i) For operation and maintenance, $170,296,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $35,806,000, to be allocated as follows:
Project 00-D-192, nonproliferation and international
security center (NISC), Los Alamos National Laboratory, Los
Alamos, New Mexico, $35,806,000.
(B) For arms control, $101,500,000.
(C) For international materials protection, control, and
accounting, $138,800,000.
(D) For highly enriched uranium transparency
implementation, $13,950,000.
(E) For international nuclear safety, $10,800,000.
(F) For fissile materials control and disposition,
$293,089,000, to be allocated as follows:
(i) For United States surplus fissile materials
disposition, $236,089,000, to be allocated as follows:
(I) For operation and maintenance, $130,089,000.
(II) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $106,000,000, to be allocated as follows:
Project 01-D-407, highly enriched uranium blend-down,
Savannah River Site, Aiken, South Carolina, $24,000,000.
Project 99-D-141, pit disassembly and conversion facility,
Savannah River Site, Aiken, South Carolina, $16,000,000.
Project 99-D-143, mixed oxide fuel fabrication facility,
Savannah River Site, Aiken, South Carolina, $63,000,000.
Project 99-D-142, immobilization and associated processing
facility, Savannah River Site, Aiken, South Carolina,
$3,000,000.
(ii) For Russian surplus fissile materials disposition,
$57,000,000, to be allocated as follows:
(I) For Russian plutonium disposition, and support and
oversight in the United States, $56,000,000.
(II) For advanced reactor technology, $1,000,000.
(G) For program direction, $51,459,000.
(H) The total amount authorized by this paragraph is the
sum of the amounts authorized to be appropriated by
subparagraphs (A) through (G), reduced by $42,000,000, to be
derived from offsets and use of prior year balances.
(3) Naval reactors.--For naval reactors, $688,045,000, to
be allocated as follows:
(A) For naval reactors development, $665,445,000, to be
allocated as follows:
(i) For operation and maintenance, $652,245,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $13,200,000, to be allocated as follows:
Project 01-D-200, major office replacement building,
Schenectady, New York, $9,000,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, $4,200,000.
(B) For program direction, $22,600,000.
(4) Defense nuclear counterintelligence.--For defense
nuclear counterintelligence, $13,662,000.
(5) Office of administrator for nuclear security.--For the
Office of the Administrator for Nuclear Security, for program
direction, $15,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2002
for environmental restoration and waste management activities
in carrying out programs necessary for national security in
the amount of $4,646,427,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2836; 42 U.S.C. 7277n), $1,050,538,000.
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$920,196,000, to be allocated as follows:
(A) For operation and maintenance, $872,030,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$48,166,000, to be allocated as follows:
Project 02-D-420, FB line plutonium stabilization and
packaging, Savannah River Site, Aiken, South Carolina,
$20,000,000.
Project 01-D-402, Intec cathodic protection system
expansion, Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $3,256,000.
Project 01-D-414, preliminary project, engineering and
design (PE&D), various locations, $10,254,000.
Project 99-D-402, tank farm support services, F&H areas,
Savannah River Site, Aiken, South Carolina, $5,040,000.
Project 99-D-404, health physics instrumentation
laboratory, Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $2,700,000.
Project 98-D-453, plutonium stabilization and handling
system for plutonium finishing plant, Richland, Washington,
$1,910,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
and air conditioning and chiller retrofit, Savannah River
Site, Aiken, South Carolina, $4,244,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $762,000.
(3) Post-2006 completion.--For post-2006 completion in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$3,021,201,000, to be allocated as follows:
(A) For operation and maintenance, $1,761,979,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$6,754,000, to be allocated as follows:
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$6,754,000.
(C) For the Office of River Protection in carrying out
environmental restoration and waste management activities
necessary for national security programs, $832,468,000, to be
allocated as follows:
(i) For operation and maintenance, $272,151,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $560,317,000, to be allocated as follows:
Project 01-D-416, waste treatment and immobilization plant,
Richland, Washington, $520,000,000.
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $33,473,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $6,844,000.
(4) Science and technology development.--For science and
technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs, $196,000,000.
(5) Excess facilities.--For excess facilities in carrying
out environmental restoration and waste management activities
necessary for national security programs, $1,300,000.
(6) Safeguards and security.--For safeguards and security
in carrying out environmental restoration and waste
management activities necessary for national security
programs, $205,621,000.
(7) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $355,761,000.
(b) Adjustment.--The total amount authorized to be
appropriated by subsection (a) is the sum of the amounts
authorized to be appropriated by paragraphs (1) through (7)
of that subsection, reduced by $53,652,000, to be derived
from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2002
for other defense activities in carrying out programs
necessary for national security in the amount of
$502,099,000, to be allocated as follows:
(1) Intelligence.--For intelligence, $40,844,000.
(2) Counterintelligence.--For counterintelligence,
$32,727,000.
(3) Security and emergency operations.--For security and
emergency operations, $269,250,000, to be allocated as
follows:
(A) For nuclear safeguards and security, $121,188,000.
(B) For security investigations, $44,927,000.
(C) For corporate management information programs,
$20,000,000.
(D) For program direction, $83,135,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,904,000.
(5) Environment, safety, and health.--For the Office of
Environment, Safety, and
[[Page H7093]]
Health, $105,293,000, to be allocated as follows:
(A) For environment, safety, and health (defense),
$84,500,000.
(B) For program direction, $20,793,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $21,900,000, to be
allocated as follows:
(A) For worker and community transition, $19,000,000.
(B) For program direction, $2,900,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $2,893,000.
(8) National security programs administrative support.--For
national security programs administrative support,
$25,000,000.
(b) Adjustment.--The amount authorized to be appropriated
pursuant to subsection (a) is the total of the amounts
authorized to be appropriated by paragraphs (1) through (8)
of that subsection, reduced by $10,712,000, of which
$10,000,000 is to reflect an offset provided by use of prior
year balances and $712,000 is to reflect an offset provided
by user organizations for security investigations.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for privatization
initiatives in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $126,208,000, to be allocated as
follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $49,332,000.
Project 97-PVT-2, advanced mixed waste treatment project
Idaho Falls, Idaho, $40,000,000.
Project 97-PVT-3, transuranic waste treatment, Oak Ridge,
Tennessee, $10,826,000.
Project 98-PVT-5, environmental management/waste management
disposal, Oak Ridge, Tennessee, $26,050,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $310,000,000.
SEC. 3106. INCREASED AMOUNT FOR NONPROLIFERATION AND
VERIFICATION.
(a) National Nuclear Security Administration.--The amounts
provided in section 3101 for activities of the National
Nuclear Security Administration, and in paragraph (2) of that
section for defense nuclear nonproliferation, are each hereby
increased by $10,000,000, for operation and maintenance for
nonproliferation and verification research and development
(and the amounts provided in subparagraph (A) of such
paragraph (2) and in clause (i) of such subparagraph are each
hereby increased by such amount).
(b) Offset.--The amount provided in section 301(5) is
hereby reduced by $10,000,000, to be derived from amounts for
consulting services.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and a period of 30 days has elapsed after
the date on which such committees receive the report, the
Secretary may not use amounts appropriated pursuant to this
title for any program--
(1) in amounts that exceed, in a fiscal year, the amount
authorized for that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of the proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $5,000,000, the Secretary shall immediately
furnish a report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, authorized by
3101, 3102, or 3103, or which is in support of national
security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25
percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) does not apply to a
construction project with a current estimated cost of less
than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
time period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to
paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations.
Amounts of authorizations so transferred may be merged with
and be available for the same purposes and for the same
period as the authorization to which the amounts are
transferred.
(2) Not more than 5 percent of any such authorization may
be transferred between authorizations under paragraph (1). No
such authorization may be increased or decreased by more than
5 percent by a transfer under such paragraph.
(c) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have
a higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committees on Armed Services of the
Senate and House of Representatives of any transfer of funds
to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for that design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including funds authorized to be
appropriated for advance planning and construction design
under sections 3101, 3102, and 3103, to perform planning,
design, and construction activities for any Department of
Energy national security program construction project that,
as determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs
of national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making those activities necessary.
[[Page H7094]]
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section
3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when
so specified in an appropriations Act, amounts appropriated
for operation and maintenance or for plant projects may
remain available until expended.
(b) Exception for Program Direction Funds.--Amounts
appropriated for program direction pursuant to an
authorization of appropriations in subtitle A shall remain
available to be expended only until the end of fiscal year
2003.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS AT FIELD OFFICES OF THE DEPARTMENT OF
ENERGY.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the
office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or
from any program or project under subsection (a) in a fiscal
year.
(2) The amount transferred to or from a program or project
under subsection (a) may not exceed $5,000,000 in a fiscal
year.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds at
the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied
funds or for a new program or project that has not been
authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Assistant Secretary of Energy for Environmental Management,
shall notify Congress of any transfer of funds pursuant to
subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in paragraph
(2) or (3) of section 3102.
(B) A program or project not described in subparagraph (A)
that is for environmental restoration or waste management
activities necessary for national security programs of the
Department, that is being carried out by the office, and for
which defense environmental management funds have been
authorized and appropriated before the date of the enactment
of this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental
restoration and waste management activities necessary for
national security programs.
(f ) Duration of Authority.--The managers of the field
offices of the Department may exercise the authority provided
under subsection (a) during fiscal year 2002.
SEC. 3130. TRANSFERS OF WEAPONS ACTIVITIES FUNDS AT NATIONAL
SECURITY LABORATORIES AND NUCLEAR WEAPONS
PRODUCTION FACILITIES.
(a) Transfer Authority.--The Secretary of Energy, acting
through the Administrator for Nuclear Security, shall provide
the head of each national security laboratory and nuclear
weapons production facility with the authority to transfer
weapons activities funds from a program under the
jurisdiction of such laboratory or facility to another such
program.
(b) Limitations.--(1) The amount transferred under
subsection (a) by a laboratory or facility in a fiscal year
may not exceed the lesser of--
(A) $5,000,000; and
(B) 10 percent of the total weapons activities funds
available to that laboratory or facility in that fiscal year
for programs under the jurisdiction of such laboratory or
facility.
(2) A transfer may not be carried out under subsection (a)
unless the head of the laboratory or facility determines that
the transfer will result in cost savings and efficiencies.
(3) A transfer may not be carried out under subsection (a)
to cover a cost overrun or scheduling delay for any program.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied,
limited, or increased funds or for a new program that has not
been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Administrator for Nuclear Security, shall notify Congress of
any transfer of funds pursuant to subsection (a) not later
than 30 days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program'' means, with respect to a national
security laboratory or nuclear weapons production facility,
any of the following:
(A) A program referred to or listed in paragraph (1) of
section 3101.
(B) A program not described in subparagraph (A) that is for
weapons production or weapons component production of the
National Nuclear Security Administration that is being
carried out by the laboratory or facility, and for which
weapons activities funds have been authorized and
appropriated before the date of the enactment of this Act.
(2) The term ``weapons activities funds'' means funds
appropriated to the Department of Energy pursuant to an
authorization for weapons activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security.
(3) The terms ``national security laboratory'' and
``nuclear weapons production facility'' have the meanings
given such terms in section 3281 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-
65; 113 Stat. 968; 50 U.S.C. 2471).
(f) Duration of Authority.--The heads of the national
security laboratories and nuclear weapons production
facilities may exercise the authority provided under
subsection (a) during fiscal year 2002.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. TERMINATION DATE OF OFFICE OF RIVER PROTECTION,
RICHLAND, WASHINGTON.
Subsection (f) of section 3139 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2250), as amended by section
3141 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-462), is amended to read as follows:
``(f) Termination.--(1) The Office shall terminate on the
later to occur of the following dates:
``(A) September 30, 2010.
``(B) The date on which the Assistant Secretary of Energy
for Environmental Management determines, in consultation with
the head of the Office, that continuation of the Office is no
longer necessary to carry out the responsibilities of the
Department of Energy under the Tri-Party Agreement.
``(2) The Assistant Secretary shall notify, in writing, the
committees referred to in subsection (d) of a determination
under paragraph (1).
``(3) In this subsection, the term `Tri-Party Agreement'
means the Hanford Federal Facility Agreement and Consent
Order entered into among the Department of Energy, the
Environmental Protection Agency, and the State of Washington
Department of Ecology.''.
SEC. 3132. ORGANIZATIONAL MODIFICATIONS FOR NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Establishment of Principal Deputy Administrator.--(1)
Subtitle A of the National Nuclear Security Administration
Act is amended by inserting after section 3213 (50 U.S.C.
2403) the following new section:
``SEC. 3213A. PRINCIPAL DEPUTY ADMINISTRATOR.
``(a) In General.--(1) There is in the Administration a
Principal Deputy Administrator, who is appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Principal Deputy Administrator shall be appointed
from among persons who--
``(A) have extensive background in national security,
organizational management, and appropriate technical fields;
and
``(B) are well qualified to manage the nuclear weapons,
nonproliferation, and materials disposition programs of the
Administration in a manner that advances and protects the
national security of the United States.
``(b) Duties.--Subject to the authority, direction, and
control of the Administrator, the Principal Deputy
Administrator shall perform such duties and exercise such
powers as the Administrator may prescribe, including the
coordination of activities among the elements of the
Administration. The Principal Deputy Administrator shall act
for, and exercise the powers of, the Administrator when the
Administrator is disabled or the position of Administrator is
vacant.''.
(2) The table of contents preceding section 3201 of such
Act is amended by inserting after the item relating to
section 3213 the following new item:
``Sec. 3213A. Principal Deputy Administrator.''.
(3) Section 5315 of title 5, United States Code, is
amended--
(A) by inserting before the item relating to Deputy
Administrators of the National Nuclear Security
Administration the following new item:
``Principal Deputy Administrator, National Nuclear Security
Administration.''; and
[[Page H7095]]
(B) by inserting ``Additional'' before ``Deputy
Administrators of the National Nuclear Security
Administration''.
(b) Elimination of Requirement that National Security
Laboratories and Nuclear Weapons Production Facilities Report
to Deputy Administrator for Defense Programs.--Section 3214
of the National Nuclear Security Administration Act (50
U.S.C. 2404) is amended by striking subsection (c).
(c) Repeal of Duplicative Provision.--Section 3245 of the
National Nuclear Security Administration Act (50 U.S.C. 2443)
is repealed.
SEC. 3133. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PROGRAM
WITH INITIATIVES FOR PROLIFERATION PREVENTION
PROGRAM.
The Administrator for Nuclear Security shall consolidate
the Nuclear Cities Initiative program with the Initiatives
for Proliferation Prevention program under a single
management line. The consolidation shall be completely
accomplished not later than July 1, 2002.
SEC. 3134. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM AT
SAVANNAH RIVER SITE, AIKEN, SOUTH CAROLINA.
(a) Consultation Required.--The Secretary of Energy shall
consult with the Governor of the State of South Carolina
regarding any decisions or plans of the Secretary related to
the disposition of surplus defense plutonium located at the
Savannah River Site, Aiken, South Carolina, including the
plan required by subsection (b).
(b) Plan for Disposition.--Not later than February 1, 2002,
the Secretary shall submit to Congress a plan for disposal of
the surplus defense plutonium currently located at the
Savannah River Site and for disposal of defense plutonium and
defense plutonium materials to be shipped to the Savannah
River Site in the future. The plan shall review each option
considered for such disposal, identify the preferred option,
and state the cost of construction and operation of the
facilities required by the Department of Energy's Record of
Decision for the Storage and Disposition of Weapons-Usable
Fissile Materials Final Programmatic Environmental Impact
Statement dated January 14, 1997. The plan shall also specify
a schedule for the expeditious construction of such
facilities, including milestones, and a firm schedule for
funding the cost of such facilities. The plan shall specify,
in addition, the means by which all such plutonium will be
removed in a timely manner from the Savannah River Site for
storage or disposal elsewhere.
(c) Requirement for Alternative Disposition.--If the
Secretary determines that proceeding with construction of the
Plutonium Immobilization Plant at the Savannah River Site is
not feasible, the Department shall modify the design of the
Mixed Oxide Fuel Fabrication facility at the Savannah River
Site so that it includes an immobilization capability. If the
Secretary determines that proceeding with the Mixed Oxide
Fuel Fabrication facility is not feasible, the Department
shall proceed with construction of the Plutonium
Immobilization Plant.
(d) Limitation on Plutonium Shipments.--If the plan
required in subsection (b) is not submitted to Congress by
February 1, 2002, the Secretary shall be prohibited from
shipping defense plutonium or defense plutonium materials to
the Savannah River Site during the period beginning on
February 1, 2002, and ending on the date on which such plan
is submitted to Congress.
SEC. 3135. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.
(a) Support for Fiscal 2002.--From amounts appropriated or
otherwise made available to the Secretary of Energy by this
title--
(1) $5,000,000 shall be available for payment by the
Secretary for fiscal year 2002 to the not-for-profit Los
Alamos National Laboratory Foundation, as chartered in
accordance with section 3167(a) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2052); and
(2) $8,000,000 shall be available for extension of the
contract between the Department of Energy and the Los Alamos
Public Schools through fiscal year 2002.
(b) Support for Fiscal 2003.--Subject to the availability
of appropriations, the Secretary is authorized to--
(1) make payment for fiscal year 2003 similar to the
payment referred to in subsection (a)(1); and
(2) provide for a contract extension through fiscal 2003
similar to the contract extension referred to in subsection
(a)(2).
(c) Use of Funds.--The foundation referred to in subsection
(a)(1) shall--
(1) utilize funds provided under this section as a
contribution to the endowment fund for the foundation; and
(2) use the income generated from investments in the
endowment fund that are attributable to payments made under
this section to fund programs to support the educational
needs of children in public schools in the vicinity of Los
Alamos National Laboratory.
(d) Report.--Not later than March 1, 2002, the Secretary
shall submit to the congressional defense committees a report
setting forth the following:
(1) An evaluation of the requirements for continued
payments beyond fiscal year 2003 into the endowment fund of
the foundation referred to in subsection (a) to enable the
foundation to meet the goals of the Department to support the
recruitment and retention of staff at the Los Alamos National
Laboratory.
(2) The Secretary's recommendations for any further support
beyond fiscal year 2003 directly to the Los Alamos Public
Schools.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2002, $18,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DEFINITIONS.
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. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2002, the National Defense Stockpile Manager may obligate up
to $65,200,000 of the funds in the National Defense Stockpile
Transaction Fund for the authorized uses of such funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)), including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3303. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS
CONTAINED IN NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorized.--Subject to subsection (b), the
President may dispose of certain materials contained in the
National Defense Stockpile that are obsolete or excess to
stockpile requirements, in the quantities specified in the
following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Bauxite, Refractory....................... 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 of contained
Tantalum
Tantalum Metal Powder..................... 36,020 pounds of contained
Tantalum
Thorium Nitrate........................... 600,000 pounds
------------------------------------------------------------------------
(b) Consultation With Market Impact Committee.--In
disposing of materials under subsection (a), the President
shall consult with the Market Impact Committee to ensure that
the disposal of the materials does not disrupt the usual
markets of producers, processors, and consumers of the
materials.
(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 the table in such subsection.
[[Page H7096]]
SEC. 3304. EXPEDITED IMPLEMENTATION OF AUTHORITY TO DISPOSE
OF COBALT FROM NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorized During Fiscal Year 2002.--
Subsection (a)(1) of section 3305 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 50
U.S.C. 98d note) is amended by striking ``fiscal year 2003''
and inserting ``the two-fiscal year period ending September
30, 2003''.
(b) Limitations on Disposal Authority.--Subsection (b)(1)
of such section is amended by adding at the end the following
new sentence: ``The total quantity of cobalt disposed of
under such subsection during fiscal year 2002 may not exceed
700,000 pounds.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $17,371,000 for fiscal year 2002
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2002.
Funds are hereby authorized to be appropriated for fiscal
year 2002, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $89,054,000.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936 (46
App. U.S.C. 1271 et seq.), $103,978,000, of which--
(A) $100,000,000 is for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $3,978,000 is for administrative expenses related to
loan guarantee commitments under the program.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $10,000,000.
SEC. 3502. DEFINE ``WAR RISKS'' TO VESSELS TO INCLUDE
CONFISCATION, EXPROPRIATION, NATIONALIZATION,
AND DEPRIVATION OF THE VESSELS.
Section 1201(c) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1281(c)) is amended to read as follows:
``(c) The term `war risks' includes to such extent as the
Secretary may determine--
``(1) all or any part of any loss that is excluded from
marine insurance coverage under a `free of capture or
seizure' clause, or under analogous clauses; and
``(2) other losses from hostile acts, including
confiscation, expropriation, nationalization, or
deprivation.''.
SEC. 3503. HOLDING OBLIGOR'S CASH AS COLLATERAL UNDER TITLE
XI OF MERCHANT MARINE ACT, 1936.
Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271 et seq.) is amended by inserting after section 1108 the
following:
``SEC. 1109. DEPOSIT FUND.
``(a) Establishment of Deposit Fund.--There is established
in the Treasury a deposit fund for purposes of this section.
The Secretary may, in accordance with an agreement under
subsection (b), deposit into and hold in the deposit fund
cash belonging to an obligor to serve as collateral for a
guarantee under this title made with respect to the obligor.
``(b) Agreement.--
``(1) In general.--The Secretary and an obligor shall enter
into a reserve fund or other collateral account agreement to
govern the deposit, withdrawal, retention, use, and
reinvestment of cash of the obligor held in the deposit fund
established by subsection (a).
``(2) Terms.--The agreement shall contain such terms and
conditions as are required under this section and such
additional terms as are considered by the Secretary to be
necessary to protect fully the interests of the United
States.
``(3) Security interest of united states.--The agreement
shall include terms that grant to the United States a
security interest in all amounts deposited into the deposit
fund.
``(c) Investment.--The Secretary may invest and reinvest
any part of the amounts in the deposit fund established by
subsection (a) in obligations of the United States with such
maturities as ensure that amounts in the deposit fund will be
available as required for purposes of agreements under
subsection (b). Cash balances of the deposit fund in excess
of current requirements shall be maintained in a form of
uninvested funds and the Secretary of the Treasury shall pay
interest on these funds.
``(d) Withdrawals.--
``(1) In general.--The cash deposited into the deposit fund
established by subsection (a) may not be withdrawn without
the consent of the Secretary.
``(2) Use of income.--Subject to paragraph (3), the
Secretary may pay any income earned on cash of an obligor
deposited into the deposit fund in accordance with the terms
of the agreement with the obligor under subsection (b).
``(3) Retention against default.--The Secretary may retain
and offset any or all of the cash of an obligor in the
deposit fund, and any income realized thereon, as part of the
Secretary's recovery against the obligor in case of a default
by the obligor on an obligation.''.
The motion was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
Motion to Go to Conference on S. 1438
Mr. STUMP. Mr. Speaker, by direction of the Committee on Armed
Services and pursuant to clause 1 of rule XXII, I offer a privileged
motion.
The SPEAKER pro tempore. The Clerk will report the privileged motion.
The Clerk read as follows:
Mr. Stump moves that the House take from the Speaker's table the bill
S. 1438, with the House amendment thereto, insist on the House
amendment, and request a conference with the Senate thereon.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Stump).
The motion was agreed to.
Motion to Instruct Conferees Offered by Mr. Skelton
Mr. SKELTON. Mr. Speaker, I offer a motion.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Skelton moves that the managers on the part of the
House at the conference on the disagreeing votes of the two
Houses on the House amendment to the bill S. 1438 be
instructed to agree to the provisions contained in section
652 of the Senate bill, relating to Survivor Benefit Plan
eligibility of survivors of retirement-ineligible members of
the uniformed services who die on active duty.
The SPEAKER pro tempore. The gentleman from Missouri (Mr. Skelton)
will be recognized for 30 minutes, and the gentleman from Arizona (Mr.
Stump) will be recognized for 30 minutes.
The Chair recognizes the gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I offer this motion to instruct the conferees which
instructs the conferees on the National Defense Authorization Act of
fiscal year 2002 to recede and accept section 652 of the Senate-passed
bill. This section would authorize survivors of nonretirement- eligible
service members who die while on active duty to participate in this
Survivor Benefit Plan.
The tragic attack on the Pentagon on September 11 has brought to
light inequitable treatment between Survivor Benefit Plan participants
who die while on active duty and those who retire or are retirement
eligible. Under the current Survivor Benefit Plan, known as SPB, only
retired or retirement-eligible service members are entitled to
participate in this program.
Upon retirement, including medical retirement, a service member pays
monthly premiums which entitle his or her survivors to an annuity upon
the service member's death. However, if a service member is not
retirement eligible, his or her dependents are not entitled to receive
SPB if this service member dies.
For example, let us say there are three active duty service members
on a helicopter, Alpha, Bravo and Charlie, on deployment somewhere in
the Middle East. Alpha has served for over 20 years. Bravo and Charlie
have served for 19\1/2\ years. The helicopter crashes. Alpha, who is
retirement eligible and participates in SPB, perishes in the crash.
Since he is retirement eligible, his dependents are eligible to receive
an annuity.
Bravo, who has served 19\1/2\ years, survives the crash and is
medically retired, but passes away. Because he is medically retired,
his survivors also are entitled to an SPB annuity.
Charlie, on the other hand, also has served 19\1/2\ years, and he
perishes in the crash. Because he is not retirement eligible, his
survivors are not entitled to any SPB annuity.
The difference in benefit eligibility is determined by whether or not
the service member is retired or retirement eligible at the time of
death.
Mr. Speaker, the situation I just described played out in real life,
sadly, on September 11, when that airplane crashed into the Pentagon.
SPB participants were treated differently depending on whether they
were retired, retirement eligible or not. That is simply not fair. We
owe it to those who
[[Page H7097]]
gave their lives on that fateful day to fix this inequity.
Section 652 of the Senate-passed Defense Authorization Act would
correct this injustice. My motion instructs the conferees to agree to
this provision.
We have a moral obligation to ensure that those who volunteer to
defend this Nation in uniform are treated fairly and equitably. I
strongly urge my colleagues to support this motion to instruct
conferees to accept section 652. It is not only the honorable thing to
do; it is the right thing to do.
Mr. Speaker, I reserve the balance of my time.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I support the motion of the gentleman in that it
endorses the provision of the Senate bill that would broaden the
Survivors Benefit Plan to include members of the armed services who die
while on active duty. Providing this coverage is fair and the right
thing to do. It ensures that an annuity will be paid to the surviving
family of service members who die while on active duty.
I commend the gentleman from Missouri for offering this motion and
urge my colleagues to support it.
Mr. REYES. Mr. Speaker, I rise today to offer a motion to instruct
the House conferees to the National Defense Authorization Act of 2002
to accept Section 652, Title VI, Subtitle D of the Senate Bill, passed
in the Senate on October 2, 2001. This section would correct the
inequity in survivor benefits offered to survivors of retirement
ineligible members of the uniformed services who die while on active
duty.
The Survivor Benefit Plan provides an annuity to dependents of
military retirees or retirement eligible service members. When a
retirement ineligible service member dies while on active duty, family
members receive Dependency and Indemnity Compensation, while offers a
lesser benefit than that offered to families of retired or retirement
eligible service members.
In cases where an active duty service member suffers from a prolonged
illness, the military has ample time to medically retire this person,
regardless of whether or not that person is retirement eligible. But,
in cases where service members are fatally injured while on active
duty, prior to becoming retirement eligible, medical personnel have
been forced to go to extreme lengths to keep these members, who are
clinically dead, alive while personnel specialists scramble to process
retirement paperwork before the service member is pronounced dead. In
the case of the attack on the Pentagon on September 11, many service
members were killed instantly and so there was no opportunity to
medically retire these people. Therefore, retirement ineligible
victim's families will receive the Dependency and Indemnity
Compensation, a lesser benefit.
The most striking example of this inequity would be if, for example,
a plane crash occurred. Some of the victims were killed immediately,
while others were kept alive long enough to be medically retired. The
families of those victims who were kept alive long enough for medical
retirement would receive a much better benefit package, the Survivor
Benefit Plan, than those who were killed instantly, who would receive
Dependency and Indemnity Compensation, even though all were involved in
the same accident!
In Vietnam in April of 2001, while surveying potential sites for
excavation to recover remains of Americans who were missing in action
from the Vietnam War, a helicopter crashed, killing sixteen. Benefit
packages for families of two of those victims were calculated, based on
what their families would receive if their deaths were on ``active
duty'' compared to what would be received if their deaths occurred
after being ``medically retired.'' In the case of Lieutenant Colonel
Cory, if he had been medically retired, his family would have received
Survivor Benefits, which amounts to $750 more a month than the active
duty Dependency and Indemnity Compensation, which they now receive. In
the case of Sergeant First Class Murphy, another victim of the crash,
his wife and two children are receiving $313 less a month than what
they would have been entitled if he had been medically retired. Both of
these soldiers were retirement eligible, but because they were killed
instantly, there was no time to process paperwork, their families now
suffer financial loss on top of losing a loved one.
Unless this provision is accepted and included in the Fiscal Year
2002 Defense Authorization Act, the families of victims of tragedy who
were retirement ineligible will receive fewer benefits than if there
had been the opportunity to complete medical retirement paperwork. All
of these families have suffered enough. There a disparity in the
current law, and this provision aims to correct that disparity.
Many leaders has stepped forward in support of this provision.
General Hugh Shelton, former Chairman of the Joint Chiefs of Staff
stated during his tenure that ``in the absence of legislative relief,
medical retirement requirements place an undue burden on both
commanders in the field and fleet and, more tragically, on families
that are denied important and deserving benefits.''
I urge my colleagues to support the motion to instruct the conferees
to accept the Senate provision and provide survivor benefits to family
members of those who die while on active duty.
Mr. STUMP. Mr. Speaker, I yield back the balance of my time.
Mr. SKELTON. Mr. Speaker, I have no further speakers, and I yield
back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to instruct.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to instruct
offered by the gentleman from Missouri (Mr. Skelton).
The motion to instruct was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Without objection, the Chair appoints the
following conferees; and, without objection, the list will be printed
at this point in the Record.
There was no objection.
From the Committee on Armed Services, for consideration of
the Senate bill and the House amendment, and modifications
committed to conference: Messrs. Stump, Hunter, Hansen,
Weldon of Pennsylvania, Hefley, Saxton, McHugh, Everett,
Bartlett of Maryland, McKeon, Watts of Oklahoma, Thornberry,
Hostettler, Chambliss, Skelton, Spratt, Ortiz, Evans, Taylor
of Mississippi, Abercrombie, Meehan, Underwood, Allen, and
Snyder.
From the Permanent Select Committee on Intelligence, for
consideration of matters within the jurisdiction of that
committee under clause 11 of rule X: Messrs. Goss, Bereuter,
and Ms. Pelosi.
From the Committee on Education and the Workforce, for
consideration of secs. 304, 305, 1123, 3151, and 3157 of the
Senate bill, and secs. 341, 342, 509, and 584 of the House
amendment, and modifications committed to conference: Messrs.
Castle, Isakson, and George Miller of California.
From the Committee on Energy and Commerce, for
consideration of secs. 314, 316, 601, 663, 3134, 3141, 3143,
3152, 3153, 3159, 3171-3181, and 3201 of the Senate bill, and
secs. 601, 3131, 3132, and 3201 of the House amendment, and
modifications committed to conference: Messrs. Tauzin,
Barton, and Dingell.
From the Committee on Government Reform, for consideration
of secs. 564, 622, 803, 813, 901, 1044, 1047, 1051, 1065,
1075, 1102, 1111-1113, 1124-1126, 2832, 3141, 3144, and 3153
of the Senate bill, and secs. 333, 519, 588, 802, 803, 811-
819, 1101, 1103-1108, 1110, and 3132 of the House amendment,
and modifications committed to conference: Messrs. Burton,
Weldon of Florida, and Waxman.
Provided that Mr. Davis of Virginia is appointed in lieu of
Mr. Weldon (FL) for consideration of secs. 803 and 2832 of
the Senate bill, and secs. 333 and 803 of the House
amendment, and modifications committed to conference.
Provided that Mr. Horn is appointed in lieu of Mr. Weldon
(FL) for consideration of secs. 811-819 of the House
amendment, and modifications committed to conference.
From the Committee on House Administration, for
consideration of secs. 572, 574-577, and 579 of the Senate
bill, and sec. 552 of the House amendment, and modifications
committed to conference: Messrs. Ney, Mica, and Hoyer.
From the Committee on International Relations, for
consideration of secs. 331, 333, 1201-1205, 1211-1218 of the
Senate bill, and secs. 1011, 1201, 1202, 1205, 1209, Title
XIII, and sec. 3133 of the House amendment, and modifications
committed to conference: Messrs. Hyde, Gilman, and Lantos.
From the Committee on Judiciary, for consideration of secs.
821, 1066, 3151 of the senate bill, and secs. 323 and 818 of
the House amendment, and modifications committed to
conference: Messrs. Sensenbrenner, Smith of Texas, and
Conyers.
From the Committee on Resources, for consideration of secs.
601, 663, 2823, and 3171-3181 of the Senate bill, and secs.
601, 1042, 2841, 2845, 2861-2863, 2865, and Title XXIX of the
House amendment, and modifications committed to conference:
Messrs. Gibbons, Radanovich, and Rahall.
Provided that Mr. Udall of Colorado is appointed in lieu of
Mr. Rahall for consideration of secs. 3171-3181 of the Senate
bill, and modifications committed to conference.
From the Committee on Science for consideration of secs.
1071 and 1124 of the Senate bill, and modifications committed
to conference: Messrs. Boehlert, Smith of Michigan, and Hall
of Texas.
Provided that Mr. Ehlers is appointed in lieu of Mr. Smith
(MI) for consideration of sec. 1124 of the Senate bill, and
modifications committed to conference.
From the Committee on Small Business, for consideration of
secs. 822-824 and 1068 of
[[Page H7098]]
the Senate bill, and modifications committed to conference:
Messrs. Manzullo, Combest, and Ms. Velazquez.
From the Committee on Transportation and Infrastructure,
for consideration of secs. 563, 601, and 1076 of the Senate
bill, and secs. 543, 544, 601, 1049, and 1053 of the House
amendment, and modifications committed to conference: Messrs.
Young of Alaska, LoBiondo, and Brown of Florida.
Provided that Mr. Pascrell is appointed in lieu of Mr.
Brown (FL) for consideration of sec. 1049 of the House
amendment, and modifications committed to conference.
From the Committee on Veterans Affairs, for consideration
of secs. 538, 539, 573, 651, 717, and 1064 of the Senate
bill, and sec. 641 of the House amendment, and modifications
committed to conference: Messrs. Smith of New Jersey,
Bilirakis, and Filner.
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