Congressional Record, Volume 148 Issue 103 (Thursday, July 25, 2002)

[Congressional Record Volume 148, Number 103 (Thursday, July 25, 2002)]
[House]
[Pages H5480-H5608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003

Mr. STUMP. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (H.R. 4546) to authorize appropriations for
fiscal year 2003 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, with a Senate amendment
thereto and concur in the Senate amendment with an amendment.
The Clerk read the Senate amendment, and the House amendment to the
Senate amendment, as follows:
Senate amendment:
Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2003''.

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.

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

Sec. 111. Pilot program on sales of manufactured articles and services
of certain Army industrial facilities without regard to
availability from domestic sources.

Subtitle C--Navy Programs

Sec. 121. Integrated bridge system.
Sec. 122. Extension of multiyear procurement authority for DDG-51 class
destroyers.

[[Page H5481]]

Sec. 123. Maintenance of scope of cruiser conversion of Ticonderoga
class AEGIS cruisers.
Sec. 124. Marine Corps live fire range improvements.

Subtitle D--Air Force Programs

Sec. 131. C-130J aircraft program.
Sec. 132. Pathfinder programs.
Sec. 133. Oversight of acquisition for defense space programs.
Sec. 134. Leasing of tanker aircraft.
Sec. 135. Compass Call program.
Sec. 136. Sense of Congress regarding assured access to space.
Sec. 137. Mobile emergency broadband system.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Sec. 203. Defense health programs.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Basic seismic research program for support of national
requirements for monitoring nuclear explosions.
Sec. 212. Advanced SEAL Delivery System.
Sec. 213. Army experimentation program regarding design of the
objective force.
Sec. 214. Reallocation of amount available for indirect fire programs.
Sec. 215. Laser welding and cutting demonstration.
Sec. 216. Analysis of emerging threats.
Sec. 217. Prohibition on transfer of Medical Free Electron Laser
program.
Sec. 218. Demonstration of renewable energy use.
Sec. 219A. Radar power technology for the Army.
Sec. 219B. Critical infrastructure protection.
Sec. 219C. Theater Aerospace Command and Control Simulation Facility
upgrades.
Sec. 219D. DDG optimized manning initiative.
Sec. 219E. Agroterrorist attacks.
Sec. 219F. Very high speed support vessel for the Army.
Sec. 219G. Full-scale high-speed permanent magnet generator.
Sec. 219H. Aviation-shipboard information technology initiative.
Sec. 219I. Aerospace Relay Mirror System (ARMS) Demonstration.
Sec. 219J. Littoral ship program.

Subtitle C--Missile Defense Programs

Sec. 221. Annual operational assessments and reviews of ballistic
missile defense program.
Sec. 222. Report on Midcourse Defense program.
Sec. 223. Report on Air-based Boost program.
Sec. 224. Report on Theater High Altitude Area Defense program.
Sec. 225. References to new name for Ballistic Missile Defense
Organization.
Sec. 226. Limitation on use of funds for nuclear armed interceptors.
Sec. 227. Reports on flight testing of Ground-based Midcourse national
missile defense system.

Subtitle D--Improved Management of Department of Defense Test and
Evaluation Facilities

Sec. 231. Department of Defense Test and Evaluation Resource
Enterprise.
Sec. 232. Transfer of testing funds from program accounts to
infrastructure accounts.
Sec. 233. Increased investment in test and evaluation facilities.
Sec. 234. Uniform financial management system for Department of Defense
test and evaluation facilities.
Sec. 235. Test and evaluation workforce improvements.
Sec. 236. Compliance with testing requirements.
Sec. 237. Report on implementation of Defense Science Board
recommendations.

Subtitle E--Other Matters

Sec. 241. Pilot programs for revitalizing Department of Defense
laboratories.
Sec. 242. Technology transition initiative.
Sec. 243. Encouragement of small businesses and nontraditional defense
contractors to submit proposals potentially beneficial
for combating terrorism.
Sec. 244. Vehicle fuel cell program.
Sec. 245. Defense nanotechnology research and development program.
Sec. 246. Activities and assessment of the Defense Experimental Program
to Stimulate Competitive Research.
Sec. 247. Four-year extension of authority of DARPA to award prizes for
advanced technology achievements.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Range Enhancement Initiative Fund.
Sec. 305. Navy Pilot Human Resources Call Center, Cutler, Maine.
Sec. 306. National Army Museum, Fort Belvoir, Virginia.
Sec. 307. Disposal of obsolete vessels of the National Defense Reserve
Fleet.

Subtitle B--Environmental Provisions

Sec. 311. Enhancement of authority on cooperative agreements for
environmental purposes.
Sec. 312. Modification of authority to carry out construction projects
for environmental responses.
Sec. 313. Increased procurement of environmentally preferable products.
Sec. 314. Cleanup of unexploded ordnance on Kaho'olawe Island, Hawaii.

Subtitle C--Defense Dependents' Education

Sec. 331. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 332. Impact aid for children with severe disabilities.
Sec. 333. Options for funding dependent summer school programs.
Sec. 334. Comptroller General study of adequacy of compensation
provided for teachers in the Department of Defense
Overseas Dependents' Schools.

Subtitle D--Other Matters

Sec. 341. Use of humanitarian and civic assistance funds for reserve
component members of Special Operations Command engaged
in activities relating to clearance of landmines.
Sec. 342. Calculation of five-year period of limitation for Navy-Marine
Corps Intranet contract.
Sec. 343. Reimbursement for reserve component intelligence support.
Sec. 344. Rebate agreements under the special supplemental food
program.
Sec. 345. Logistics support and services for weapon systems
contractors.
Sec. 346. Continuation of Arsenal support program initiative.
Sec. 347. Two-year extension of authority of the Secretary of Defense
to engage in commercial activities as security for
intelligence collection activities abroad.
Sec. 348. Installation and connection policy and procedures regarding
Defense Switch Network.
Sec. 349. Engineering study and environmental analysis of road
modifications in vicinity of Fort Belvoir, Virginia.
Sec. 350. Extension of work safety demonstration program.
Sec. 351. Lift support for mine warfare ships and other vessels.
Sec. 352. Navy data conversion activities.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Authority to increase strength and grade limitations to
account for reserve component members on active duty in
support of a contingency operation.
Sec. 403. Increased allowance for number of Marine Corps general
officers on active duty in grades above major general.
Sec. 404. Increase in authorized strengths for Marine Corps officers on
active duty in the grade of colonel.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitations on non-dual status technicians.

Subtitle C--Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Extension of certain requirements and exclusions applicable
to service of general and flag officers on active duty in
certain joint duty assignments.
Sec. 502. Extension of authority to waive requirement for significant
joint duty experience for appointment as a chief of a
reserve component or a National Guard director.
Sec. 503. Repeal of limitation on authority to grant certain officers a
waiver of required sequence for joint professional
military education and joint duty assignment.
Sec. 504. Extension of temporary authority for recall of retired
aviators.
Sec. 505. Increased grade for heads of nurse corps.
Sec. 506. Reinstatement of authority to reduce service requirement for
retirement in grades above O-4.

Subtitle B--Reserve Component Personnel Policy

Sec. 511. Time for commencement of initial period of active duty for
training upon enlistment in reserve component.
Sec. 512. Authority for limited extension of medical deferment of
mandatory retirement or separation of reserve component
officer.
Sec. 513. Repeal of prohibition on use of Air Force Reserve AGR
personnel for Air Force base security functions.

Subtitle C--Education and Training

Sec. 521. Increase in authorized strengths for the service academies.

Subtitle D--Decorations, Awards, and Commendations

Sec. 531. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 532. Korea Defense Service Medal.

Subtitle E--National Call to Service

Sec. 541. Enlistment incentives for pursuit of skills to facilitate
national service.

[[Page H5482]]

Sec. 542. Military recruiter access to institutions of higher
education.

Subtitle F--Other Matters

Sec. 551. Biennial surveys on racial, ethnic, and gender issues.
Sec. 552. Leave required to be taken pending review of a recommendation
for removal by a board of inquiry.
Sec. 553. Stipend for participation in funeral honors details.
Sec. 554. Wear of abayas by female members of the Armed Forces in Saudi
Arabia.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Rate of basic allowance for subsistence for enlisted
personnel occupying single Government quarters without
adequate availability of meals.
Sec. 603. Basic allowance for housing in cases of low-cost or no-cost
moves.
Sec. 604. Temporary authority for higher rates of partial basic
allowance for housing for certain members assigned to
housing under alternative authority for acquisition and
improvement of military housing.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Increased maximum amount payable as multiyear retention bonus
for medical officers of the Armed Forces.
Sec. 616. Increased maximum amount payable as incentive special pay for
medical officers of the Armed Forces.
Sec. 617. Assignment incentive pay.
Sec. 618. Increased maximum amounts for prior service enlistment bonus.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Deferral of travel in connection with leave between
consecutive overseas tours.
Sec. 632. Transportation of motor vehicles for members reported
missing.
Sec. 633. Destinations authorized for Government paid transportation of
enlisted personnel for rest and recuperation upon
extending duty at designated overseas locations.
Sec. 634. Vehicle storage in lieu of transportation to certain areas of
the United States outside continental United States.

Subtitle D--Retirement and Survivor Benefit Matters

Sec. 641. Payment of retired pay and compensation to disabled military
retirees.
Sec. 642. Increased retired pay for enlisted Reserves credited with
extraordinary heroism.
Sec. 643. Expanded scope of authority to waive time limitations on
claims for military personnel benefits.

Subtitle E--Other Matters

Sec. 651. Additional authority to provide assistance for families of
members of the Armed Forces.
Sec. 652. Time limitation for use of Montgomery GI Bill entitlement by
members of the Selected Reserve.
Sec. 653. Status of obligation to refund educational assistance upon
failure to participate satisfactorily in Selected
Reserve.
Sec. 654. Prohibition on acceptance of honoraria by personnel at
certain Department of Defense schools.
Sec. 655. Rate of educational assistance under Montgomery GI Bill of
dependents transferred entitlement by members of the
Armed Forces with critical skills.
Sec. 656. Payment of interest on student loans.
Sec. 657. Modification of amount of back pay for members of Navy and
Marine Corps selected for promotion while interned as
prisoners of war during World War II to take into account
changes in Consumer Price Index.

TITLE VII--HEALTH CARE

Sec. 701. Eligibility of surviving dependents for TRICARE dental
program benefits after discontinuance of former
enrollment.
Sec. 702. Advance authorization for inpatient mental health services.
Sec. 703. Continued TRICARE eligibility of dependents residing at
remote locations after departure of sponsors for
unaccompanied assignments.
Sec. 704. Approval of medicare providers as TRICARE providers.
Sec. 705. Claims information.
Sec. 706. Department of Defense Medicare-Eligible Retiree Health Care
Fund.
Sec. 707. Technical corrections relating to transitional health care
for members separated from active duty.
Sec. 708. Extension of temporary authority for entering into personal
services contracts for the performance of health care
responsibilities for the Armed Forces at locations other
than military medical treatment facilities.
Sec. 709. Restoration of previous policy regarding restrictions on use
of Department of Defense medical facilities.
Sec. 710. Health care under TRICARE for TRICARE beneficiaries receiving
medical care as veterans from the Department of Veterans
Affairs.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Major Defense Acquisition Programs

Sec. 801. Buy-to-budget acquisition of end items.
Sec. 802. Report to Congress on incremental acquisition of major
systems.
Sec. 803. Pilot program for spiral development of major systems.
Sec. 804. Improvement of software acquisition processes.
Sec. 805. Independent technology readiness assessments.
Sec. 806. Timing of certification in connection with waiver of
survivability and lethality testing requirements.

Subtitle B--Procurement Policy Improvements

Sec. 811. Performance goals for contracting for services.
Sec. 812. Grants of exceptions to cost or pricing data certification
requirements and waivers of cost accounting standards.
Sec. 813. Extension of requirement for annual report on defense
commercial pricing management improvement.
Sec. 814. Internal controls on the use of purchase cards.
Sec. 815. Assessment regarding fees paid for acquisitions under other
agencies' contracts.
Sec. 816. Pilot program for transition to follow-on contracts for
certain prototype projects.
Sec. 817. Waiver authority for domestic source or content requirements.

Subtitle C--Other Matters

Sec. 821. Extension of the applicability of certain personnel
demonstration project exceptions to an acquisition
workforce demonstration project.
Sec. 822. Moratorium on reduction of the defense acquisition and
support workforce.
Sec. 823. Extension of contract goal for small disadvantaged businesses
and certain institutions of higher education.
Sec. 824. Mentor-Protege Program eligibility for HUBZone small business
concerns and small business concerns owned and controlled
by service-disabled veterans.
Sec. 825. Repeal of requirements for certain reviews by the Comptroller
General.
Sec. 826. Multiyear procurement authority for purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related products.
Sec. 827. Multiyear procurement authority for environmental services
for military installations.
Sec. 828. Increased maximum amount of assistance for tribal
organizations or economic enterprises carrying out
procurement technical assistance programs in two or more
service areas.
Sec. 829. Authority for nonprofit organizations to self-certify
eligibility for treatment as qualified organizations
employing severely disabled under Mentor-Protege Program.
Sec. 830. Report on effects of Army Contracting Agency.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Time for submittal of report on Quadrennial Defense Review.
Sec. 902. Increased number of Deputy Commandants authorized for the
Marine Corps.
Sec. 903. Base operating support for Fisher Houses.
Sec. 904. Prevention and mitigation of corrosion.
Sec. 905. Western Hemisphere Institute for Security Cooperation.
Sec. 906. Veterinary Corps of the Army.
Sec. 907. Under Secretary of Defense for Intelligence.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Reallocation of authorizations of appropriations from
ballistic missile defense to shipbuilding.
Sec. 1003. Authorization of appropriations for continued operations for
the war on terrorism.
Sec. 1004. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 1005. United States contribution to NATO common-funded budgets in
fiscal year 2003.
Sec. 1006. Development and implementation of financial management
enterprise architecture.
Sec. 1007. Departmental accountable officials in the Department of
Defense.
Sec. 1008. Department-wide procedures for establishing and liquidating
personal pecuniary liability.

[[Page H5483]]

Sec. 1009. Travel card program integrity.
Sec. 1010. Clearance of certain transactions recorded in Treasury
suspense accounts and resolution of certain check
issuance discrepancies.
Sec. 1011. Additional amount for ballistic missile defense or combating
terrorism in accordance with national security priorities
of the President.
Sec. 1012. Availability of amounts for Oregon Army National Guard for
Search and Rescue and Medical Evacuation missions in
adverse weather conditions.

Subtitle B--Naval Vessels and Shipyards

Sec. 1021. Number of Navy surface combatants in active and reserve
service.
Sec. 1022. Plan for fielding the 155-millimeter gun on a surface
combatant.
Sec. 1023. Report on initiatives to increase operational days of Navy
ships.
Sec. 1024. Annual long-range plan for the construction of ships for the
Navy.

Subtitle C--Reporting Requirements

Sec. 1031. Repeal and modification of various reporting requirements
applicable with respect to the Department of Defense.
Sec. 1032. Annual report on weapons to defeat hardened and deeply
buried targets.
Sec. 1033. Revision of date of annual report on counterproliferation
activities and programs.
Sec. 1034. Quadrennial quality of life review.
Sec. 1035. Reports on efforts to resolve whereabouts and status of
Captain Michael Scott Speicher, United States Navy.
Sec. 1036. Report on efforts to ensure adequacy of fire fighting staffs
at military installations.
Sec. 1037. Report on designation of certain Louisiana highway as
defense access road.
Sec. 1038. Plan for five-year program for enhancement of measurement
and signatures intelligence capabilities.
Sec. 1039. Report on volunteer services of members of the reserve
components in emergency response to the terrorist attacks
of September 11, 2001.
Sec. 1040. Biannual reports on contributions to proliferation of
weapons of mass destruction and delivery systems by
countries of proliferation concern.

Subtitle D--Homeland Defense

Sec. 1041. Homeland security activities of the National Guard.
Sec. 1042. Conditions for use of full-time Reserves to perform duties
relating to defense against weapons of mass destruction.
Sec. 1043. Weapon of mass destruction defined for purposes of the
authority for use of Reserves to perform duties relating
to defense against weapons of mass destruction.
Sec. 1044. Report on Department of Defense homeland defense activities.
Sec. 1045. Strategy for improving preparedness of military
installations for incidents involving weapons of mass
destruction.

Subtitle E--Other Matters

Sec. 1061. Continued applicability of expiring Governmentwide
information security requirements to the Department of
Defense.
Sec. 1062. Acceptance of voluntary services of proctors for
administration of Armed Services Vocational Aptitude
Battery.
Sec. 1063. Extension of authority for Secretary of Defense to sell
aircraft and aircraft parts for use in responding to oil
spills.
Sec. 1064. Amendments to Impact Aid program.
Sec. 1065. Disclosure of information on Shipboard Hazard and Defense
project to Department of Veterans Affairs.
Sec. 1066. Transfer of historic DF-9E Panther aircraft to Women
Airforce Service Pilots Museum.
Sec. 1067. Rewards for assistance in combating terrorism.
Sec. 1068. Provision of space and services to military welfare
societies.
Sec. 1069. Commendation of military chaplains.
Sec. 1070. Grant of Federal charter to Korean War Veterans Association,
Incorporated.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

Sec. 1101. Extension of authority to pay severance pay in a lump sum.
Sec. 1102. Extension of voluntary separation incentive pay authority.
Sec. 1103. Extension of cost-sharing authority for continued FEHBP
coverage of certain persons after separation from
employment.
Sec. 1104. Eligibility of nonappropriated funds employees to
participate in the Federal employees long-term care
insurance program.
Sec. 1105. Increased maximum period of appointment under the
experimental personnel program for scientific and
technical personnel.
Sec. 1106. Qualification requirements for employment in Department of
Defense professional accounting positions.
Sec. 1107. Housing benefits for unaccompanied teachers required to live
at Guantanamo Bay Naval Station, Cuba.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Subtitle A--Cooperative Threat Reduction With States of the Former
Soviet Union

Sec. 1201. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1202. Funding allocations.
Sec. 1203. Authorization of use of Cooperative Threat Reduction funds
for projects and activities outside the former Soviet
Union.
Sec. 1204. Waiver of limitations on assistance under programs to
facilitate cooperative threat reduction and
nonproliferation.
Sec. 1205. Russian tactical nuclear weapons.

Subtitle B--Other Matters

Sec. 1211. Administrative support and services for coalition liaison
officers.
Sec. 1212. Use of Warsaw Initiative funds for travel of officials from
partner countries.
Sec. 1213. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1214. Arctic and Western Pacific Environmental Cooperation
Program.
Sec. 1215. Department of Defense HIV/AIDS prevention assistance
program.
Sec. 1216. Monitoring implementation of the 1979 United States-China
Agreement on Cooperation in Science and Technology.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2002 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
2000 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2108. Modification of authority to carry out certain fiscal year
1997 project.
Sec. 2109. Modification of authority to carry out certain fiscal year
2001 project.
Sec. 2110. Planning and design for anechoic chamber at White Sands
Missile Range, New Mexico.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification to carry out certain fiscal year 2002 projects.

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. Authority for use of military construction funds for
construction of public road near Aviano Air Base, Italy,
closed for force protection purposes.
Sec. 2306. Additional project authorization for air traffic control
facility at Dover Air Force Base, Delaware.
Sec. 2307. Availability of funds for consolidation of materials
computational research facility at Wright-Patterson Air
Force Base, Ohio.

TITLE XXIV--DEFENSE AGENCIES

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized guard and reserve construction and land
acquisition projects.
Sec. 2602. Army National Guard Reserve Center, Lane County, Oregon.
Sec. 2603. Additional project authorization for Composite Support
Facility for Illinois Air National Guard.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2000
projects.

[[Page H5484]]

Sec. 2703. Extension of authorizations of certain fiscal year 1999
projects.
Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Lease of military family housing in Korea.
Sec. 2802. Repeal of source requirements for family housing
construction overseas.
Sec. 2803. Modification of lease authorities under alternative
authority for acquisition and improvement of military
housing.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Agreements with private entities to enhance military
training, testing, and operations.
Sec. 2812. Conveyance of surplus real property for natural resource
conservation.
Sec. 2813. Modification of demonstration program on reduction in long-
term facility maintenance costs.

Subtitle C--Land Conveyances

Sec. 2821. Conveyance of certain lands in Alaska no longer required for
National Guard purposes.
Sec. 2822. Land conveyance, Fort Campbell, Kentucky.
Sec. 2823. Modification of authority for land transfer and conveyance,
Naval Security Group Activity, Winter Harbor, Maine.
Sec. 2824. Land conveyance, Westover Air Reserve Base, Massachusetts.
Sec. 2825. Land conveyance, Naval Station Newport, Rhode Island.
Sec. 2826. Land exchange, Buckley Air Force Base, Colorado.
Sec. 2827. Land acquisition, Boundary Channel Drive Site, Arlington,
Virginia.
Sec. 2828. Land conveyances, Wendover Air Force Base Auxiliary Field,
Nevada.
Sec. 2829. Land conveyance, Fort Hood, Texas.
Sec. 2830. Land conveyances, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2831. Master plan for use of Navy Annex, Arlington, Virginia.
Sec. 2832. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2833. Land conveyance, Bluegrass Army Depot, Richmond, Kentucky.

Subtitle D--Other Matters

Sec. 2841. Transfer of funds for acquisition of replacement property
for National Wildlife Refuge system lands in Nevada.

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 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. Availability of funds for environmental management cleanup
reform.
Sec. 3132. Robust Nuclear Earth Penetrator.
Sec. 3133. Database to track notification and resolution phases of
Significant Finding Investigations.
Sec. 3134. Requirements for specific request for new or modified
nuclear weapons.
Sec. 3135. Requirement for authorization by law for funds obligated or
expended for Department of Energy national security
activities.
Sec. 3136. Limitation on availability of funds for program to eliminate
weapons grade plutonium production in Russia.

Subtitle D--Proliferation Matters

Sec. 3151. Administration of program to eliminate weapons grade
plutonium production in Russia.
Sec. 3152. Repeal of requirement for reports on obligation of funds for
programs on fissile materials in Russia.
Sec. 3153. Expansion of annual reports on status of nuclear materials
protection, control, and accounting programs.
Sec. 3154. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, or biological weapons.
Sec. 3155. Program on research and technology for protection from
nuclear or radiological terrorism.
Sec. 3156. Expansion of international materials protection, control,
and accounting program.
Sec. 3157. Accelerated disposition of highly enriched uranium and
plutonium.
Sec. 3158. Disposition of plutonium in Russia.
Sec. 3159. Strengthened international security for nuclear materials
and safety and security of nuclear operations.
Sec. 3160. Export control programs.
Sec. 3161. Improvements to nuclear materials protection, control, and
accounting program of the Russian Federation.
Sec. 3162. Comprehensive annual report to Congress on coordination and
integration of all United States nonproliferation
activities.
Sec. 3163. Utilization of Department of Energy national laboratories
and sites in support of counterterrorism and homeland
security activities.

Subtitle E--Other Matters

Sec. 3171. Indemnification of Department of Energy contractors.
Sec. 3172. Worker health and safety rules for Department of Energy
facilities.
Sec. 3173. One-year extension of authority of Department of Energy to
pay voluntary separation incentive payments.
Sec. 3174. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.

Subtitle F--Disposition of Weapons-Usable Plutonium at Savannah River,
South Carolina

Sec. 3181. Findings.
Sec. 3182. Disposition of weapons-usable plutonium at Savannah River
Site.
Sec. 3183. Study of facilities for storage of plutonium and plutonium
materials at Savannah River Site.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
Sec. 3202. Authorization of appropriations for the formerly used sites
remedial action program of the Corps of Engineers.

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 2003 for procurement for the Army as follows:
(1) For aircraft, $2,144,386,000.
(2) For missiles, $1,653,150,000.
(3) For weapons and tracked combat vehicles,
$2,242,882,000.
(4) For ammunition, $1,205,499,000.
(5) For other procurement, $5,513,679,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2003 for procurement for the Navy as follows:
(1) For aircraft, $9,037,209,000.
(2) For weapons, including missiles and torpedoes,
$2,505,820,000.
(3) For shipbuilding and conversion, $8,624,160,000.
(4) For other procurement, $4,515,500,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2003 for procurement for the
Marine Corps in the amount of $1,341,219,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2003 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $1,173,157,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for procurement for the Air Force as follows:
(1) For aircraft, $12,613,605,000.
(2) For ammunition, $1,275,864,000.
(3) For missiles, $3,258,162,000.
(4) For other procurement, $10,477,840,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for Defense-wide procurement in the amount of
$3,054,943,000.

SEC. 105. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for procurement for the Inspector General of the
Department of Defense in the amount of $2,000,000.

SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

There is hereby authorized to be appropriated for the
Office of the Secretary of Defense for fiscal year 2003 the
amount of $1,490,199,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.

SEC. 107. DEFENSE HEALTH PROGRAMS.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$278,742,000.

[[Page H5485]]

Subtitle B--Army Programs

SEC. 111. PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES AND
SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES
WITHOUT REGARD TO AVAILABILITY FROM DOMESTIC
SOURCES.

(a) Extension of Program.--Subsection (a) of section 141 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 10 U.S.C. 4543 note) is amended by
striking ``through 2002'' in the first sentence and inserting
``through 2004''.
(b) Use of Overhead Funds Made Surplus by Sales.--Such
section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) For each Army industrial facility participating in
the pilot program that sells manufactured articles and
services in a total amount in excess of $20,000,000 in any
fiscal year, the amount equal to one-half of one percent of
such total amount shall be transferred from the sums in the
Army Working Capital Fund for unutilized plant capacity to
appropriations available for the following fiscal year for
the demilitarization of conventional ammunition by the
Army.''.
(c) Update of Inspector General's Review.--The Inspector
General of the Department of Defense shall review the
experience under the pilot program carried out under section
141 of Public Law 105-85 and, not later than July 1, 2003,
submit to Congress a report on the results of the review. The
report shall contain the views, information, and
recommendations called for under subsection (d) of such
section (as redesignated by subsection (b)(1)). In carrying
out the review and preparing the report, the Inspector
General shall take into consideration the report submitted to
Congress under such subsection (as so redesignated).

Subtitle C--Navy Programs

SEC. 121. INTEGRATED BRIDGE SYSTEM.

(a) Amount for Program.--Of the amount authorized to be
appropriated by section 102(a)(4), $5,000,000 shall be
available for the procurement of the integrated bridge system
in items less than $5,000,000.
(b) Offsetting Reduction.--Of the total amount authorized
to be appropriated by section 102(a)(4), the amount available
for the integrated bridge system in Aegis support equipment
is hereby reduced by $5,000,000.

SEC. 122. EXTENSION OF MULTIYEAR PROCUREMENT AUTHORITY FOR
DDG-51 CLASS DESTROYERS.

Section 122(b) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as
amended by section 122 of Public Law 106-65 (113 Stat. 534)
and section 122(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-24), is further
amended by striking ``October 1, 2005'' in the first sentence
and inserting ``October 1, 2007''.

SEC. 123. MAINTENANCE OF SCOPE OF CRUISER CONVERSION OF
TICONDEROGA CLASS AEGIS CRUISERS.

The Secretary of the Navy should maintain the scope of the
cruiser conversion program for the Ticonderoga class of AEGIS
cruisers such that the program--
(1) covers all 27 Ticonderoga class AEGIS cruisers; and
(2) modernizes the class of cruisers to include an
appropriate mix of upgrades to ships' capabilities for
theater missile defense, naval fire support, and air
dominance.

SEC. 124. MARINE CORPS LIVE FIRE RANGE IMPROVEMENTS.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 102(b) for
procurement for the Marine Corps is hereby increased by
$1,900,000, with the amount of the increase to be allocated
to Training Devices.
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 102(b) for procurement for the Marine
Corps, as increased by subsection (a), $1,900,000 shall be
available as follows:
(A) For upgrading live fire range target movers.
(B) To bring live fire range radio controls into compliance
with Federal Communications Commission narrow band
requirements.
(2) Amounts available under paragraph (1) for the purposes
set forth in that paragraph are in addition to any other
amounts available in this Act for such purposes.
(c) Offsetting Reduction.--The amount authorized to be
appropriated by section 103(1) for the C-17 interim
contractor support is reduced by $1,900,000.

Subtitle D--Air Force Programs

SEC. 131. C-130J AIRCRAFT PROGRAM.

(a) Multiyear Procurement Authority.--Beginning with the
fiscal year 2003 program year, the Secretary of the Air Force
may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear contract for the
procurement of C-130J aircraft and variants of the C-130J
aircraft, subject to subsection (b), and except that,
notwithstanding subsection (k) of such section, such a
contract may be for a period of six program years.
(b) Limitation.--The Secretary of the Air Force may not
enter into a multiyear contract authorized by subsection (a)
until the C-130J aircraft has been cleared for worldwide
over-water capability.

SEC. 132. PATHFINDER PROGRAMS.

(a) Spiral Development Plan for Selected Pathfinder
Programs.--Not later than February 1, 2003, the Secretary of
the Air Force shall--
(1) identify among the pathfinder programs listed in
subsection (e) each pathfinder program that the Secretary
shall conduct as a spiral development program; and
(2) submit to the Secretary of Defense for each pathfinder
program identified under paragraph (1) a spiral development
plan that meets the requirements of section 803(c).
(b) Approval or Disapproval of Spiral Development Plans.--
Not later than March 15, 2003, the Secretary of Defense
shall--
(1) review each spiral development plan submitted under
subsection (a)(2);
(2) approve or disapprove the conduct as a spiral
development plan of the pathfinder program covered by each
such spiral development plan; and
(3) submit to the congressional defense committees a copy
of each spiral development plan approved under paragraph (2).
(c) Assessment of Pathfinder Programs Not Selected or
Approved for Spiral Development.--Not later than March 15,
2003, each official of the Department of Defense specified in
subsection (d) shall submit to the congressional defense
committees the assessment required of such official under
that subsection for the acquisition plan for each pathfinder
program as follows:
(1) Each pathfinder program that is not identified by the
Secretary of the Air Force under subsection (a)(1) as a
program that the Secretary shall conduct as a spiral
development program.
(2) Each pathfinder program that is disapproved by the
Secretary of Defense for conduct as a spiral development
program under subsection (b)(2).
(d) Officials and Required Assessments for Programs Outside
Spiral Development.--The officials specified in this
subsection, and the assessment required of such officials,
are as follows:
(1) The Director of Operational Test and Evaluation, who
shall assess the test contents of the acquisition plan for
each pathfinder program covered by subsection (c).
(2) The Chairman of the Joint Requirements Oversight
Council, who shall assess the extent to which the acquisition
plan for each such pathfinder program addresses validated
military requirements.
(3) The Under Secretary of Defense (Comptroller), in
coordination with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, who shall conduct an
independent programmatic evaluation of the acquisition plan
for each such pathfinder program, including an analysis of
the total cost, schedule, and technical risk associated with
development of such program.
(e) Pathfinder Programs.--The pathfinder programs listed in
this subsection are the program as follows:
(1) Space Based Radar.
(2) Global Positioning System.
(3) Global Hawk.
(4) Combat Search and Rescue.
(5) B-2 Radar.
(6) Predator B.
(7) B-1 Defensive System Upgrade.
(8) Multi Mission Command and Control Constellation.
(9) Unmanned Combat Air Vehicle.
(10) Global Transportation Network.
(11) C-5 Avionics Modernization Program.
(12) Hunter/Killer.
(13) Tanker/Lease.
(14) Small Diameter Bomb.
(15) KC-767.
(16) AC-130 Gunship.

SEC. 133. OVERSIGHT OF ACQUISITION FOR DEFENSE SPACE
PROGRAMS.

(a) In General.--The Office of the Secretary of Defense
shall maintain oversight of acquisition for defense space
programs.
(b) Report on Oversight.--(1) Not later than March 15,
2003, the Secretary of Defense shall submit to the
congressional defense committees a detailed plan on how the
Office of the Secretary of Defense shall provide oversight of
acquisition for defense space programs.
(2) The plan shall set forth the following:
(A) The organizations in the Office of the Secretary of
Defense, and the Joint Staff organizations, to be involved in
oversight of acquisition for defense space programs.
(B) The process for the review of defense space programs by
the organizations specified under subparagraph (A).
(C) The process for the provision by such organizations of
technical, programmatic, scheduling, and budgetary advice on
defense space programs to the Deputy Secretary of Defense and
the Under Secretary of the Air Force.
(D) The process for the development of independent cost
estimates for defense space programs, including the
organization responsible for developing such cost estimates
and when such cost estimates shall be required.
(E) The process for the development of the budget for
acquisition for defense space programs.
(F) The process for the resolution of issues regarding
acquisition for defense space programs that are raised by the
organizations specified under subparagraph (A).
(c) Defense Space Program Defined.--In this section, the
term ``defense space program'' means any major defense
acquisition program (as that term is defined in section 2430
of title 10, United States Code) for the acquisition of--
(1) space-based assets, space launch assets, or user
equipment for such assets; or
(2) earth-based or spaced-based assets dedicated primarily
to space surveillance or space control.

SEC. 134. LEASING OF TANKER AIRCRAFT.

The Secretary of the Air Force shall not enter into any
lease for tanker aircraft until the Secretary submits the
report required by section 8159(c)(6) of the Department of
Defense Appropriations Act, 2002 (division A of Public Law

[[Page H5486]]

107-117; 115 Stat. 2284) and obtains authorization and
appropriation of funds necessary to enter into a lease for
such aircraft consistent with his publicly stated commitments
to the Congress to do so.

SEC. 135. COMPASS CALL PROGRAM.

Of the amount authorized to be appropriated by section
103(1), $12,700,000 shall be available for the Compass Call
program within classified projects and not within the Defense
Airborne Reconnaissance Program.

SEC. 136. SENSE OF CONGRESS REGARDING ASSURED ACCESS TO
SPACE.

(a) Findings.--Congress makes the following findings:
(1) Assured access to space is a vital national security
interest of the United States.
(2) The Evolved Expendable Launch Vehicle program of the
Department of Defense is a critical element of the
Department's plans for assuring United States access to
space.
(3) Significant contractions in the commercial space launch
marketplace have eroded the overall viability of the United
States space launch industrial base and could hamper the
ability of the Department of Defense to provide assured
access to space in the future.
(4) The continuing viability of the United States space
launch industrial base is a critical element of any strategy
to ensure the long-term ability of the United States to
assure access to space.
(5) The Under Secretary of the Air Force, as acquisition
executive for space programs in the Department of Defense,
has been authorized to develop a strategy to address United
States space launch and assured access to space requirements.
(b) Sense of Congress.--It is the sense of Congress that
the Under Secretary of the Air Force should--
(1) evaluate all options for sustaining the United States
space launch industrial base;
(2) develop an integrated, long-range, and adequately
funded plan for assuring United States access to space; and
(3) submit to Congress a report on the plan at the earliest
opportunity practicable.

SEC. 137. MOBILE EMERGENCY BROADBAND SYSTEM.

(a) Amount for Program.--Of the total amount authorized to
be appropriated by section 103(4), $1,000,000 may be
available for the procurement of technical communications-
electronics equipment for the Mobile Emergency Broadband
System.
(b) Offsetting Reduction.--Of the total amount authorized
to be appropriated by section 103(4), the amount available
under such section for the Navy for other procurement for gun
fire control equipment, SPQ-9B solid state transmitter, is
hereby reduced by $1,000,000.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $7,297,033,000.
(2) For the Navy, $12,927,135,000.
(3) For the Air Force, $18,608,684,000.
(4) For Defense-wide activities, $17,543,927,000, of which
$361,554,000 is authorized for the Director of Operational
Test and Evaluation.

SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

(a) Amount for Projects.--Of the total amount authorized to
be appropriated by section 201, $10,164,358,000 shall be
available for science and technology projects.
(b) Science and Technology Defined.--In this section, the
term ``science and technology project'' means work funded in
program elements for defense research, development, test, and
evaluation under Department of Defense budget activities 1,
2, or 3.

SEC. 203. DEFENSE HEALTH PROGRAMS.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the Department of Defense for research,
development, test, and evaluation for carrying out health
care programs, projects, and activities of the Department of
Defense in the total amount of $67,214,000.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. BASIC SEISMIC RESEARCH PROGRAM FOR SUPPORT OF
NATIONAL REQUIREMENTS FOR MONITORING NUCLEAR
EXPLOSIONS.

(a) Management of Program.--(1) The Secretary of the Air
Force shall manage the Department of Defense program of basic
seismic research in support of national requirements for
monitoring nuclear explosions. The Secretary shall manage the
program in the manner necessary to support Air Force mission
requirements relating to the national requirements.
(2) The Secretary shall act through the Director of the Air
Force Research Laboratory in carrying out paragraph (1).
(c) Amount for Program.--Of the amount authorized to be
appropriated by section 201(4), $20,000,000 shall be
available for the program referred to in subsection (a).

SEC. 212. ADVANCED SEAL DELIVERY SYSTEM.

To the extent provided in appropriations Acts, the
Secretary of Defense may use for research, development, test,
and evaluation for the Advanced SEAL Delivery System any
funds that were authorized to be appropriated to the
Department of Defense for fiscal year 2002 for the
procurement of that system, were appropriated pursuant to
such authorization of appropriations, and are no longer
needed for that purpose.

SEC. 213. ARMY EXPERIMENTATION PROGRAM REGARDING DESIGN OF
THE OBJECTIVE FORCE.

(a) Requirement for Report.--Not later than March 30, 2003,
the Secretary of the Army shall submit to Congress a report
on the experimentation program regarding design of the
objective force that is required by subsection (g) of section
113 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001, as added by section 113 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1029).
(b) Budget Display.--Amounts provided for the
experimentation program in the budget for fiscal year 2004
that is submitted to Congress under section 1105(a) of title
31, United States Code, shall be displayed as a distinct
program element in that budget and in the supporting
documentation submitted to Congress by the Secretary of
Defense.

SEC. 214. REALLOCATION OF AMOUNT AVAILABLE FOR INDIRECT FIRE
PROGRAMS.

(a) Reduction of Amount for Crusader.--Of the amount
authorized to be appropriated by section 201(1) for the Army
for research, development, test, and evaluation, the amount
available for continued research and development of the
Crusader artillery system is hereby reduced by $475,600,000.
(b) Increase of Amount for Future Combat Systems.--Of the
amount authorized to be appropriated by section 201(1) for
the Army for research, development, test, and evaluation, the
amount available for research and development for the
Objective Force indirect fire systems is hereby increased by
$475,600,000. The amount of the increase shall be available
only for meeting the needs of the Army for indirect fire
capabilities, and may not be used under the authority of this
section until 30 days after the date on which the Secretary
of Defense submits to the congressional defense committees
the report required by subsection (d), together with a
notification of the Secretary's plan to use such funds to
meet the needs of the Army for indirect fire capabilities.
(c) Use of Funds.--Subject to subsection (b), the Secretary
of Defense may use the amount available under such subsection
for any program for meeting the needs of the Army for
indirect fire capabilities.
(d) Reporting Requirement.--(1) Not later than 30 days
after the date of the enactment of this Act, the Chief of
Staff of the Army shall complete a review of the full range
of Army programs that could provide improved indirect fire
for the Army over the next 20 years and shall submit to the
Secretary of Defense a report containing the recommendation
of the Chief of Staff on which alternative for improving
indirect fire for the Army is the best alternative for that
purpose. The report shall also include information on each of
the following funding matters:
(A) The manner in which the amount available under
subsection (b) should be best invested to support the
improvement of indirect fire capabilities for the Army.
(B) The manner in which the amount provided for indirect
fire programs of the Army in the future-years defense program
submitted to Congress with respect to the budget for fiscal
year 2003 under section 221 of title 10, United States Code,
should be best invested to support improved indirect fire for
the Army.
(C) The manner in which the amounts described in
subparagraphs (A) and (B) should be best invested to support
the improvement of indirect fire capabilities for the Army in
the event of a termination of the Crusader artillery system
program.
(D) The portion of the amount available under subsection
(b) that should be reserved for paying costs associated with
a termination of the Crusader artillery system program in the
event of such a termination.
(2) The Secretary of Defense shall submit the report,
together with any comments and recommendations that the
Secretary considers appropriate, to the congressional defense
committees.
(e) Annual Updates.--(1) The Secretary shall submit to the
congressional defense committees, at the same time that the
President submits the budget for a fiscal year referred to in
paragraph (4) to Congress under section 1105(a) of title 31,
United States Code, a report on the investments proposed to
be made in indirect fire programs for the Army.
(2) If the Crusader artillery system program has been
terminated by the time the annual report is submitted in
conjunction with the budget for a fiscal year, the report
shall--
(A) identify the amount proposed for expenditure for the
Crusader artillery system program for that fiscal year in the
future-years defense program that was submitted to Congress
in 2002 under section 221 of title 10, United States Code;
and
(B) specify--
(i) the manner in which the amount provided in that budget
would be expended for improved indirect fire capabilities for
the Army; and
(ii) the extent to which the expenditures in that manner
would improve indirect fire capabilities for the Army.
(3) The requirement to submit an annual report under
paragraph (1) shall apply with respect to budgets for fiscal
years 2004, 2005, 2006, 2007, and 2008.

SEC. 215. LASER WELDING AND CUTTING DEMONSTRATION.

(a) Amount for Program.--Of the total amount authorized to
be appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, $6,000,000 shall be
available for the laser welding and cutting demonstration in
force protection applied research (PE 0602123N).
(b) Offsetting Reduction.--Of the total amount authorized
to be appropriated by section 201(2) for research,
development, test, and evaluation for the Navy, the amount
available for

[[Page H5487]]

laser welding and cutting demonstration in surface ship and
submarine HM&E advanced technology (PE 0603508N) is hereby
reduced by $6,000,000.

SEC. 216. ANALYSIS OF EMERGING THREATS.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(2) for
research, development, test, and evaluation for the Navy is
hereby increased by $2,000,000 with the amount of the
increase to be allocated to Marine Corps Advanced Technology
Demonstration (ATD) (PE 0603640M).
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $2,000,000 may be available for analysis of emerging
threats.
(2) The amount available under paragraph (1) for analysis
of emerging threats is in addition to any other amounts
available under this Act for analysis of emerging threats.
(c) Offset.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for the Army is hereby reduced by $2,000,000, with
the amount of the reduction allocated as follows:
(1) $1,000,000 may be allocated to Weapons and Munitions
Technology (PE 0602624A) and available for countermobility
systems.
(2) $1,000,000 may be allocated to Warfighter Advanced
Technology (PE 0603001A) and available for Objective Force
Warrior technologies.

SEC. 217. PROHIBITION ON TRANSFER OF MEDICAL FREE ELECTRON
LASER PROGRAM.

Notwithstanding any other provision of law, the Medical
Free Electron Laser Program (PE 0602227D8Z) may not be
transferred from the Department of Defense to the National
Institutes of Health, or to any other department or agency of
the Federal Government.

SEC. 218. DEMONSTRATION OF RENEWABLE ENERGY USE.

Of the amount authorized to be appropriated by section
201(2), $2,500,000 shall be available for the demonstration
of renewable energy use program within the program element
for the Navy energy program and not within the program
element for facilities improvement.

SEC. 219A. RADAR POWER TECHNOLOGY FOR THE ARMY.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(1) for
the Department of Defense for research, development, test,
and evaluation for the Army is hereby increased by
$4,500,000, with the amount of the increase to be allocated
to Army missile defense systems integration (DEM/VAL) (PE
0603308A).
(b) Availability for Radar Power Technology.--(1) Of the
amount authorized to be appropriated by section 201(1) for
the Department of Defense for research, development, test,
and evaluation for the Army, as increased by subsection (a),
$4,500,000 shall be available for radar power technology.
(2) The amount available under paragraph (1) for radar
power technology is in addition to any other amounts
available under this Act for such technology.
(c) Offset.--The amount authorized to be appropriated by
section 201(2) for research, development, test, and
evaluation for the Navy is hereby reduced by $4,500,000, with
the amount of the reduction to be allocated to common picture
advanced technology (PE 0603235N).

SEC. 219B. CRITICAL INFRASTRUCTURE PROTECTION.

(a) Amount for Program.--Of the amount authorized to be
appropriated in section 201(4), $4,500,000 may be available
for critical infrastructure protection (PE 35190D8Z).
(b) Offset.--Of the amount authorized to be appropriated by
section 201(2), the amount for power projection advanced
technology (PE 63114N) is hereby reduced by $4,500,000.

SEC. 219C. THEATER AEROSPACE COMMAND AND CONTROL SIMULATION
FACILITY UPGRADES.

(a) Availability of Funds.--(1) The amount authorized to be
appropriated by section 201(3) for the Air Force for
wargaming and simulation centers (PE 0207605F) is increased
by $2,500,000. The total amount of the increase may be
available for Theater Aerospace Command and Control
Simulation Facility (TACCSF) upgrades.
(2) The amount available under paragraph (1) for Theater
Aerospace Command and Control Simulation Facility upgrades is
in addition to any other amounts available under this Act for
such upgrades.
(b) Offset.--The amount authorized to be appropriated by
section 201(2) for the Navy for Mine and Expeditionary
Warfare Applied Research (PE 0602782N) is reduced by
$2,500,000.

SEC. 219D. DDG OPTIMIZED MANNING INITIATIVE.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(2) for
research, development, test, and evaluation for the Navy is
hereby increased by $2,500,000, with the amount of the
increase to be allocated to surface combatant combat system
engineering (PE 0604307N).
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $2,500,000 may be available for the DDG optimized
manning initiative.
(2) The amount available under paragraph (1) for the
initiative referred to in that paragraph is in addition to
any other amounts available under this Act for that
initiative.
(c) Offset.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for artillery systems DEM/VAL (PE 0603854A), by
$2,500,000.

SEC. 219E. AGROTERRORIST ATTACKS.

(a) Availability.--(1) Of the amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation, defense-wide, the amount available for
basic research for the Chemical and Biological Defense
Program (PE 0601384BP) is hereby increased by $1,000,000,
with the amount of such increase to be available for
research, analysis, and assessment of efforts to counter
potential agroterrorist attacks.
(2) The amount available under paragraph (1) for research,
analysis, and assessment described in that paragraph is in
addition to any other amounts available in this Act for such
research, analysis, and assessment.
(b) Offset.--Of the amount authorized to be appropriated by
section 201(4) for research, development, test, and
evaluation, Defense-wide, the amount available for biological
terrorism and agroterrorism risk assessment and prediction in
the program element relating to the Chemical and Biological
Defense Program (PE 0603384BP) is hereby reduced by
$1,000,000.

SEC. 219F. VERY HIGH SPEED SUPPORT VESSEL FOR THE ARMY.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(1) for
research, development, test, and evaluation for the Army is
hereby increased by $5,500,000, with the amount of the
increase to be allocated to logistics and engineering
equipment-advanced development (PE 0603804A).
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army, as increased by subsection
(a), $5,500,000 may be available for development of a
prototype composite hull design to meet the theater support
vessel requirement.
(2) The amount available under paragraph (1) for
development of the hull design referred to in that paragraph
is in addition to any other amounts available under this Act
for development of that hull design.
(c) Offset.--The amount authorized to be appropriated by
section 201(2) for research, development, test, and
evaluation for the Navy is hereby decreased by $5,500,000,
with the amount of the decrease to be allocated to submarine
tactical warfare system (PE 0604562N) and amounts available
under that program element for upgrades of combat control
software to commercial architecture.

SEC. 219G. FULL-SCALE HIGH-SPEED PERMANENT MAGNET GENERATOR.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(2) for
research, development, test, and evaluation for the Navy is
hereby increased by $1,000,000, with the amount of the
increase to be allocated to Force Protection Advanced
Technology (PE 0603123N).
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $1,000,000 may be available for development and
demonstration of a full-scale high-speed permanent magnet
generator.
(2) The amount available under paragraph (1) for
development and demonstration of the generator described in
that paragraph is in addition to any other amounts available
in this Act for development and demonstration of that
generator.
(c) Offset.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for the Army is hereby reduced by $1,000,000, with
the amount of the reduction to be allocated to Artillery
Systems-Dem/Val (PE 0603854A).

SEC. 219H. AVIATION-SHIPBOARD INFORMATION TECHNOLOGY
INITIATIVE.

Of the amount authorized to be appropriated by section
201(2) for shipboard aviation systems, up to $8,200,000 may
be used for the aviation-shipboard information technology
initiative.

SEC. 219I. AEROSPACE RELAY MIRROR SYSTEM (ARMS)
DEMONSTRATION.

Of the amount authorized to be appropriated by section
201(3) for the Department of Defense for research,
development, test, and evaluation for the Air Force,
$6,000,000 may be available for the Aerospace Relay Mirror
System (ARMS) Demonstration.

SEC. 219J. LITTORAL SHIP PROGRAM.

(a) Amount for Program.--Of the amount authorized to be
appropriated by section 201(2) for research and development,
test and evaluation, Navy, $4,000,000 may be available for
requirements development of a littoral ship in Ship Concept
Advanced Design (PE 0603563N).
(b) Offsetting Reduction.--Of the total amount authorized
to be appropriated by section 201(2) for research and
development, test and evaluation, Navy, the amount available
for FORCENET in Tactical Command System (PE 0604231N), is
hereby reduced by an additional $4,000,000.

Subtitle C--Missile Defense Programs

SEC. 221. ANNUAL OPERATIONAL ASSESSMENTS AND REVIEWS OF
BALLISTIC MISSILE DEFENSE PROGRAM.

(a) Annual Operational Assessment.--(1)(A) During the first
quarter of each fiscal year, the Director of Operational Test
and Evaluation shall conduct an operational assessment of the
missile defense programs listed in paragraph (3).
(B) The annual assessment shall include--
(i) a detailed, quantitative evaluation of the potential
operational effectiveness, reliability, and suitability of
the system or systems under each program as the program
exists during the fiscal year of the assessment;
(ii) an evaluation of the adequacy of testing through the
end of the previous fiscal year to measure and predict the
effectiveness of the systems; and
(iii) a determination of the threats, or type of threats,
against which the systems would be expected to be effective
and those against which

[[Page H5488]]

the systems would not be expected to be effective.
(C) The first assessment under this paragraph shall be
conducted during fiscal year 2003.
(2) Not later than January 15 of each year, the Director of
Operational Test and Evaluation shall submit to the Secretary
of Defense and the congressional defense committees a report
on the assessment conducted during the preceding quarter-
year. The report shall include the evaluation of the
potential of the system or systems together with a discussion
of the basis for the evaluation.
(3) The requirement for an annual operational assessment
under paragraph (1) shall apply to programs under the United
States Missile Defense Agency as follows:
(A) The Ground-based Midcourse Defense program.
(B) The Sea-based Midcourse Defense program.
(C) The Theater High Altitude Area Defense (THAAD) program.
(D) The Air-based Boost program (formerly known as the
Airborne Laser Defense program).
(b) Annual Requirements Reviews.--(1) During the first
quarter of each fiscal year, the Joint Requirements Oversight
Council established under section 181 of title 10, United
States Code, shall review the cost, schedule, and performance
criteria for the missile defense programs under the United
States Missile Defense Agency and assess the validity of the
criteria in relation to military requirements. The first
review shall be carried out in fiscal year 2003.
(2) Not later than January 15 of each year, the Chairman of
the Joint Requirements Oversight Council shall submit to the
Secretary of Defense and the congressional defense committees
a report on the results of the review carried out under
paragraph (1) during the preceding quarter-year.

SEC. 222. REPORT ON MIDCOURSE DEFENSE PROGRAM.

(a) Requirement for Report.--Not later than January 15,
2003, the Secretary of Defense shall submit to the
congressional defense committees a report on the Midcourse
Defense program of the United States Missile Defense Agency.
The report shall include the following information:
(1) The development schedule, together with an estimate of
the annual costs through the completion of development.
(2) The planned procurement schedule, together with the
Secretary's best estimates of the annual costs of, and number
of units to be procured under, the program through the
completion of the procurement.
(3) The current program acquisition unit cost and the
history of acquisition unit costs from the date the program
(including its antecedent program) was first included in a
Selected Acquisition Report under section 2432 of title 10,
United States Code.
(4) The current procurement unit cost, and the history of
procurement unit costs from the date the program (including
any antecedent program) was first included in a Selected
Acquisition Report under such section 2432.
(5) The reasons for any changes in program acquisition
cost, program acquisition unit cost, procurement cost, or
procurement unit cost, and the reasons for any changes in
program schedule.
(6) The major contracts under the program and the reasons
for any changes in cost or schedule variances under the
contracts.
(7) The Test and Evaluation Master Plan developed for the
program in accordance with the requirements and guidance of
Department of Defense regulation 5000.2-R.
(b) Segregation of Ground-Based and Sea-Based Efforts.--The
report under subsection (a) shall separately display the
schedules, cost estimates, cost histories, contracts, and
test plans for--
(1) the National Missile Defense/Ground-based Midcourse
Defense program; and
(2) the Navy TheaterWide/Sea-based Midcourse Defense
program.

SEC. 223. REPORT ON AIR-BASED BOOST PROGRAM.

Not later than January 15, 2003, the Secretary of Defense
shall submit to the congressional defense committees a report
on the Air-based Boost program (formerly known as the
Airborne Laser program). The report shall contain the
following information:
(1) The development schedule together with the estimated
annual costs of the program through the completion of
development.
(2) The planned procurement schedule, together with the
Secretary's best estimates of the annual costs of, and number
of units to be procured under, the program through the
completion of the procurement.
(3) The current program acquisition unit cost, and the
history of program acquisition unit costs from the date the
program (including any antecedent program) was first included
in a Selected Acquisition Report under section 2432 of title
10, United States Code.
(4) The current procurement unit cost, and the history of
procurement unit costs from the date the program (including
any antecedent program) was first included in a Selected
Acquisition Report under such section 2432.
(5) The reasons for any changes in program acquisition
cost, program acquisition unit cost, procurement cost, or
procurement unit cost, and the reasons for any changes in
program schedule.
(6) The major contracts under the program and the reasons
for any changes in cost or schedule variances under the
contracts.
(7) The Test and Evaluation Master Plan developed for the
program in accordance with the requirements and guidance of
Department of Defense regulation 5000.2-R.

SEC. 224. REPORT ON THEATER HIGH ALTITUDE AREA DEFENSE
PROGRAM.

(a) Requirement for Report.--Not later than January 15,
2003, the Secretary of Defense shall submit to the
congressional defense committees a report on the Theater High
Altitude Area Defense program. The report shall contain the
following information:
(1) The development schedule together with the estimated
annual costs of the program through the completion of
development.
(2) The planned procurement schedule, together with the
Secretary's best estimates of the annual costs of, and number
of units to be procured under, the program through the
completion of the procurement.
(3) The current program acquisition unit cost and the
history of program acquisition unit costs from the date the
program (including any antecedent program) was first included
in a Selected Acquisition Report under section 2432 of title
10, United States Code.
(4) The current procurement unit cost, and the history of
procurement unit costs from the date the program (including
any antecedent program) was first included in a Selected
Acquisition Report under such section 2432.
(5) The reasons for any changes in program acquisition
cost, program acquisition unit cost, procurement cost, or
procurement unit cost, and the reasons for any changes in
program schedule.
(6) The major contracts under the program and the reasons
for any changes in cost or schedule variances under the
contracts.
(7) The Test and Evaluation Master Plan developed for the
program in accordance with the requirements and guidance of
Department of Defense regulation 5000.2-R.
(b) Funding Limitation.--Not more than 50 percent of the
amount authorized to be appropriated by this Act for the
United States Missile Defense Agency for the Theater High
Altitude Area Defense program may be expended until the
submission of the report required under subsection (a).

SEC. 225. REFERENCES TO NEW NAME FOR BALLISTIC MISSILE
DEFENSE ORGANIZATION.

(a) Conforming Amendments.--The following provisions of law
are amended by striking ``Ballistic Missile Defense
Organization'' each place it appears and inserting ``United
States Missile Defense Agency'':
(1) Sections 223 and 224 of title 10, United States Code.
(2) Sections 232, 233, and 235 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107).
(b) Other References.--Any reference to the Ballistic
Missile Defense Organization in any other provision of law or
in any regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to
the United States Missile Defense Agency.

SEC. 226. LIMITATION ON USE OF FUNDS FOR NUCLEAR ARMED
INTERCEPTORS.

None of the funds authorized to be appropriated by this or
any other Act may be used for research, development, test,
evaluation, procurement, or deployment of nuclear armed
interceptors of a missile defense system.

SEC. 227. REPORTS ON FLIGHT TESTING OF GROUND-BASED MIDCOURSE
NATIONAL MISSILE DEFENSE SYSTEM.

(a) Requirement.--The Director of the United States Missile
Defense Agency shall submit to the congressional defense
committees a report on each flight test of the Ground-based
Midcourse national missile defense system. The report shall
be submitted not later than 120 days after the date of the
test.
(b) Content.--A report on a flight test under subsection
(a) shall include the following matters:
(1) A thorough discussion of the content and objectives of
the test.
(2) For each test objective, a statement regarding whether
the objective was achieved.
(3) For any test objective not achieved--
(A) a thorough discussion describing the reasons for not
achieving the objective; and
(B) a discussion of any plans for future tests to achieve
the objective.
(c) Format.--The reports required under subsection (a)
shall be submitted in classified and unclassified form.

Subtitle D--Improved Management of Department of Defense Test and
Evaluation Facilities

SEC. 231. DEPARTMENT OF DEFENSE TEST AND EVALUATION RESOURCE
ENTERPRISE.

(a) Establishment.--Section 139 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(k)(1) There is a Test and Evaluation Resource Enterprise
within the Department of Defense. The head of the Test and
Evaluation Resource Enterprise shall report to the Director
of Operational Test and Evaluation.
``(2)(A) The head of the Test and Evaluation Resource
Enterprise shall manage all funds available to the Department
of Defense for the support of investment in, operation and
maintenance of, development of, and management of the test
and evaluation facilities and resources of the Major Range
and Test Facility Base. All such funds shall be transferred
to and placed under the control of the head of the Department
of Defense Test and Evaluation Resource Enterprise.
``(B) Subparagraph (A) shall not be construed to authorize
the head of the Test and Evaluation Enterprise, nor to impair
the authority of the Secretary of a military department, to
manage the funds available to that military department for
the support of investment in, operation and maintenance of,
development of, and management of the training facilities and
resources of the Major Range and Test Facility Base.
``(3) The head of the Test and Evaluation Resource
Enterprise shall--

[[Page H5489]]

``(A) ensure that the planning for and execution of the
testing of a system within the Major Range and Test Facility
Base is performed by the activity of a military department
that is responsible for the testing;
``(B) ensure that the military department operating a
facility or resource within the Major Range and Test Facility
Base charges an organization using the facility or resource
for testing only the incremental cost of the operation of the
facility or resource that is attributable to the testing;
``(C) ensure that the military department operating a
facility or resource within the Major Range and Test Facility
Base comprehensively and consistently applies sound
enterprise management practices in the management of the
facility or resource;
``(D) make investments that are prudent for ensuring that
Department of Defense test and evaluation facilities and
resources are adequate to meet the current and future testing
requirements of Department of Defense programs;
``(E) ensure that there is in place a simplified financial
management and accounting system for Department of Defense
test and evaluation facilities and resources and that the
system is uniformly applied to the operation of such
facilities and resources throughout the Department; and
``(F) ensure that unnecessary costs of owning and operating
Department of Defense test and evaluation resources are not
incurred.
``(4) In this section, the term `Major Range and Test
Facility Base' means the test and evaluation facilities and
resources that are designated by the Director of Operational
Test and Evaluation as facilities and resources comprising
the Major Range and Test Facility Base.''.
(b) Effective Date and Transition Requirements.--(1) The
amendment made by paragraph (1) shall take effect one year
after the date of the enactment of this Act.
(2)(A) The Secretary of Defense shall develop a transition
plan to ensure that the head of the Test and Evaluation
Resource Enterprise is prepared to assume the
responsibilities under subsection (k) of section 139 of title
10, United States Code (as added by subsection (a)), on the
effective date provided in paragraph (1).
(B) Until the Test and Evaluation Resource Enterprise has
been established, all investments of $500,000 or more in the
Major Range and Test Facility Base of the Department of
Defense shall be subject to the approval of the Director of
Operational Test and Evaluation.
(C) In this paragraph, the term ``Major Range and Test
Facility Base'' has the meaning given that term in section
139(k)(4) of title 10, United States Code, as added by
subsection (a).

SEC. 232. TRANSFER OF TESTING FUNDS FROM PROGRAM ACCOUNTS TO
INFRASTRUCTURE ACCOUNTS.

(a) Transfer of Funds.--Notwithstanding any other provision
of this Act, amounts authorized to be appropriated by this
title for demonstration and validation, engineering and
manufacturing development, and operational systems
development shall be transferred to the major test and
evaluation investment programs of the military departments
and to the Central Test and Evaluation Investment Program of
the Department of Defense, as follows:
(1) For transfer to the major test and evaluation
investment program of the Army, the amount equal to 0.625
percent of the total amount authorized to be appropriated by
this title for the Army for demonstration and validation,
engineering and manufacturing development, and operational
systems development.
(2) For transfer to the major test and evaluation
investment program of the Navy, the amount equal to 0.625
percent of the total amount authorized to be appropriated by
this title for the Navy for demonstration and validation,
engineering and manufacturing development, and operational
systems development.
(3) For transfer to the major test and evaluation
investment program of the Air Force, the amount equal to
0.625 percent of the total amount authorized to be
appropriated by this title for the Air Force for
demonstration and validation, engineering and manufacturing
development, and operational systems development.
(4) For transfer to the Central Test and Evaluation
Investment Program of the Department of Defense, the amount
equal to 0.625 percent of the total amount authorized to be
appropriated by this title for Defense-wide demonstration and
validation, engineering and manufacturing development, and
operational systems development.
(b) Institutional Funding of Test and Evaluation
Facilities.--(1)(A) Chapter 433 of title 10, United States
Code, is amended by inserting after the table of sections at
the beginning of such chapter the following new section:

``Sec. 4531. Test and evaluation: use of facilities

``(a) Charges for Use.--The Secretary of the Army may
charge an entity for using a facility or resource of the Army
within the Major Range and Test Facility Base for testing.
The amount charged may not exceed the incremental cost to the
Army of the use of the facility or resource by that user for
the testing.
``(b) Institutional and Overhead Costs.--The institutional
and overhead costs of a facility or resource of the Army that
is within the Major Range and Test Facility Base shall be
paid out of the major test and evaluation investment accounts
of the Army, the Central Test and Evaluation Investment
Program of the Department of Defense, and other appropriate
appropriations made directly to the Army.
``(c) Major Range and Test Facility Base Defined.--In this
section:
``(1) The term `Major Range and Test Facility Base' has the
meaning given the term in section 139(k)(4) of this title.
``(2) The term `institutional and overhead costs', with
respect to a facility or resource within the Major Range Test
and Facility Base--
``(A) means the costs of maintaining, operating, upgrading,
and modernizing the facility or resource; and
``(B) does not include an incremental cost of operating the
facility or resource that is attributable to the use of the
facility or resource for testing under a particular
program.''.
(B) The table of section at the beginning of such chapter
is amended by inserting before the item relating to section
7522 the following new item:

``4531. Test and evaluation: use of facilities.''.
(2)(A) Chapter 645 of title 10, United States Code, is
amended by inserting after the table of sections at the
beginning of such chapter the following new section:

``Sec. 7521. Test and evaluation: use of facilities

``(a) Charges for Use.--The Secretary of the Navy may
charge an entity for using a facility or resource of the Navy
within the Major Range and Test Facility Base for testing.
The amount charged may not exceed the incremental cost to the
Navy of the use of the facility or resource by that user for
the testing.
``(b) Institutional and Overhead Costs.--The institutional
and overhead costs of a facility or resource of the Navy that
is within the Major Range and Test Facility Base shall be
paid out of the major test and evaluation investment accounts
of the Navy, the Central Test and Evaluation Investment
Program of the Department of Defense, and other appropriate
appropriations made directly to the Navy.
``(c) Major Range and Test Facility Base Defined.--In this
section:
``(1) The term `Major Range and Test Facility Base' has the
meaning given the term in section 139(k)(4) of this title.
``(2) The term `institutional and overhead costs', with
respect to a facility or resource within the Major Range Test
and Facility Base--
``(A) means the costs of maintaining, operating, upgrading,
and modernizing the facility or resource; and
``(B) does not include an incremental cost of operating the
facility or resource that is attributable to the use of the
facility or resource for testing under a particular
program.''.
(B) The table of section at the beginning of such chapter
is amended by inserting before the item relating to section
7522 the following new item:

``7521. Test and evaluation: use of facilities.''.
(3)(A) Chapter 933 of title 10, United States Code, is
amended by inserting after the table of sections at the
beginning of such chapter the following new section:

``Sec. 9531. Test and evaluation: use of facilities

``(a) Charges for Use.--The Secretary of the Air Force may
charge an entity for using a facility or resource of the Air
Force within the Major Range and Test Facility Base for
testing. The amount charged may not exceed the incremental
cost to the Air Force of the use of the facility or resource
by that user for the testing.
``(b) Institutional and Overhead Costs.--The institutional
and overhead costs of a facility or resource of the Air Force
that is within the Major Range and Test Facility Base shall
be paid out of the major test and evaluation investment
accounts of the Air Force, the Central Test and Evaluation
Investment Program of the Department of Defense, and other
appropriate appropriations made directly to the Air Force.
``(c) Major Range and Test Facility Base Defined.--In this
section:
``(1) The term `Major Range and Test Facility Base' has the
meaning given the term in section 139(k)(4) of this title.
``(2) The term `institutional and overhead costs', with
respect to a facility or resource within the Major Range Test
and Facility Base--
``(A) means the costs of maintaining, operating, upgrading,
and modernizing the facility or resource; and
``(B) does not include an incremental cost of operating the
facility or resource that is attributable to the use of the
facility or resource for testing under a particular
program.''.
(B) The table of section at the beginning of such chapter
is amended by inserting before the item relating to section
9532 the following new item:

``9531. Test and evaluation: use of facilities.''.
(4) Not later than 30 days after the date of the enactment
of this Act, the Under Secretary of Defense (Comptroller)
shall review the funding policies of each military department
to ensure that the Secretary of the military department has
in place the policies necessary to comply with the
Secretary's responsibilities under section 4531, 7521, or
9531 of title 10, United States Code (as added by this
subsection), as the case may be. The Under Secretary shall
consult with the Director of Operational Test and Evaluation
in carrying out the review.

SEC. 233. INCREASED INVESTMENT IN TEST AND EVALUATION
FACILITIES.

(a) Amount.--Of the amount authorized to be appropriated
under section 201(4), $251,276,000 shall be available for the
Central Test and Evaluation Investment Program of the
Department of Defense.
(b) Additional Available Funding.--In addition to the
amount made available under subsection (a), amounts
transferred pursuant to section 232(a)(4) shall be available
for the Central Test and Evaluation Investment Program of the
Department of Defense.

SEC. 234. UNIFORM FINANCIAL MANAGEMENT SYSTEM FOR DEPARTMENT
OF DEFENSE TEST AND EVALUATION FACILITIES.

(a) Requirement for System.--Not later than two years after
the date of the enactment

[[Page H5490]]

of this Act, the Secretary of Defense shall implement a
single financial management and accounting system for all
test and evaluation facilities of the Department of Defense.
(b) System Features.--The financial management and
accounting system shall be designed to achieve, at a minimum,
the following functional objectives:
(1) Enable managers within the Department of Defense to
compare the costs of conducting test and evaluation
activities in the various facilities of the military
departments.
(2) Enable the Secretary of Defense--
(A) to make prudent investment decisions; and
(B) to reduce the extent to which unnecessary costs of
owning and operating Department of Defense test and
evaluation facilities are incurred.
(3) Enable the Department of Defense to track the total
cost of test and evaluation activities.
(4) Comply with the financial management enterprise
architecture developed by the Secretary of Defense under
section 1006.

SEC. 235. TEST AND EVALUATION WORKFORCE IMPROVEMENTS.

(a) Report on Capabilities.--Not later than March 15, 2003,
the Under Secretary of Defense for Acquisition, Technology,
and Logistics shall submit to Congress a report on the
capabilities of the test and evaluation workforce of the
Department of Defense. The Under Secretary shall consult with
the Under Secretary of Defense for Personnel and Readiness
and the Director of Operational Test and Evaluation in
preparing the report.
(b) Requirement for Plan.--(1) The report shall contain a
plan for taking the actions necessary to ensure that the test
and evaluation workforce of the Department of Defense is of
sufficient size and has the expertise necessary to timely and
accurately identify issues of military suitability and
effectiveness of Department of Defense systems through
testing of the systems.
(2) The plan shall set forth objectives for the size,
composition, and qualifications of the workforce, and shall
specify the actions (including recruitment, retention, and
training) and milestones for achieving the objectives.
(c) Additional Matters.--The report shall also include the
following matters:
(1) An assessment of the changing size and demographics of
the test and evaluation workforce, including the impact of
anticipated retirements among the most experienced personnel
over the five-year period beginning with 2003, together with
a discussion of the management actions necessary to address
the changes.
(2) An assessment of the anticipated workloads and
responsibilities of the test and evaluation workforce over
the ten-year period beginning with 2003, together with the
number and qualifications of military and civilian personnel
necessary to carry out such workloads and responsibilities.
(3) The Secretary's specific plans for using the
demonstration authority provided in section 4308 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 10 U.S.C. 1701 note) and other special
personnel management authorities of the Secretary to attract
and retain qualified personnel in the test and evaluation
workforce.
(4) Any recommended legislation or additional special
authority that the Secretary considers appropriate for
facilitating the recruitment and retention of qualified
personnel for the test and evaluation workforce.
(5) Any other matters that are relevant to the capabilities
of the test and evaluation workforce.

SEC. 236. COMPLIANCE WITH TESTING REQUIREMENTS.

(a) Annual OT&E Report.--Subsection (g) of section 139 of
title 10, United States Code, is amended by inserting after
the fourth sentence the following: ``The report for a fiscal
year shall also include an assessment of the waivers of and
deviations from requirements in test and evaluation master
plans and other testing requirements that occurred during the
fiscal year, any concerns raised by the waivers or
deviations, and the actions that have been taken or are
planned to be taken to address the concerns.''.
(b) Reorganization of Provision.--Subsection (g) of such
section, as amended by subsection (a), is further amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by designating the second sentence as paragraph (2);
(3) by designating the third sentence as paragraph (3);
(4) by designating the matter consisting of the fourth and
fifth sentences as paragraph (4);
(5) by designating the sixth sentence as paragraph (5); and
(6) by realigning paragraphs (2), (3), (4), and (5), as so
designated, two ems from the left margin.

SEC. 237. REPORT ON IMPLEMENTATION OF DEFENSE SCIENCE BOARD
RECOMMENDATIONS.

(a) Requirement.--Not later than March 1, 2003, the
Secretary of Defense shall submit to the congressional
defense committees a report on the extent of the
implementation of the recommendations set forth in the
December 2000 Report of the Defense Science Board Task Force
on Test and Evaluation Capabilities.
(b) Content.--The report shall include the following:
(1) For each recommendation that is being implemented or
that the Secretary plans to implement--
(A) a summary of all actions that have been taken to
implement the recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(2) For each recommendation that the Secretary does not
plan to implement--
(A) the reasons for the decision not to implement the
recommendation; and
(B) a summary of any alternative actions the Secretary
plans to take to address the purposes underlying the
recommendation.
(3) A summary of any additional actions the Secretary plans
to take to address concerns raised in the December 2000
Report of the Defense Science Board Task Force on Test and
Evaluation Capabilities about the state of the test and
evaluation infrastructure of the Department of Defense.

Subtitle E--Other Matters

SEC. 241. PILOT PROGRAMS FOR REVITALIZING DEPARTMENT OF
DEFENSE LABORATORIES.

(a) Additional Pilot Program.--(1) The Secretary of Defense
may carry out a pilot program to demonstrate improved
efficiency in the performance of research, development, test,
and evaluation functions of the Department of Defense.
(2) Under the pilot program, the Secretary of Defense shall
provide the director of one science and technology
laboratory, and the director of one test and evaluation
laboratory, of each military department with authority for
the following:
(A) To use innovative methods of personnel management
appropriate for ensuring that the selected laboratories can--
(i) employ and retain a workforce appropriately balanced
between permanent and temporary personnel and among workers
with appropriate levels of skills and experience; and
(ii) effectively shape workforces to ensure that the
workforces have the necessary sets of skills and experience
to fulfill their organizational missions.
(B) To develop or expand innovative methods of entering
into and expanding cooperative relationships and arrangements
with private sector organizations, educational institutions
(including primary and secondary schools), and State and
local governments to facilitate the training of a future
scientific and technical workforce that will contribute
significantly to the accomplishment of organizational
missions.
(C) To develop or expand innovative methods of establishing
cooperative relationships and arrangements with private
sector organizations and educational institutions to promote
the establishment of the technological industrial base in
areas critical for Department of Defense technological
requirements.
(D) To waive any restrictions not required by law that
apply to the demonstration and implementation of methods for
achieving the objectives set forth in subparagraphs (A), (B),
and (C).
(3) The Secretary may carry out the pilot program under
this subsection at each selected laboratory for a period of
three years beginning not later than March 1, 2003.
(b) Relationship to Fiscal Years 1999 and 2000
Revitalization Pilot Programs.--The pilot program under this
section is in addition to, but may be carried out in
conjunction with, the fiscal years 1999 and 2000
revitalization pilot programs.
(c) Reports.--(1) Not later than January 1, 2003, the
Secretary shall submit to Congress a report on the experience
under the fiscal years 1999 and 2000 revitalization pilot
programs in exercising the authorities provided for the
administration of those programs. The report shall include a
description of--
(A) barriers to the exercise of the authorities that have
been encountered;
(B) the proposed solutions for overcoming the barriers; and
(C) the progress made in overcoming the barriers.
(2) Not later than September 1, 2003, the Secretary of
Defense shall submit to Congress a report on the
implementation of the pilot program under subsection (a) and
the fiscal years 1999 and 2000 revitalization pilot programs.
The report shall include, for each such pilot program, the
following:
(A) Each laboratory selected for the pilot program.
(B) To the extent practicable, a description of the
innovative methods that are to be tested at each laboratory.
(C) The criteria to be used for measuring the success of
each method to be tested.
(3) Not later than 90 days after the expiration of the
period for the participation of a laboratory in a pilot
program referred to in paragraph (2), the Secretary of
Defense shall submit to Congress a final report on the
participation of that laboratory in the pilot program. The
report shall include the following:
(A) A description of the methods tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary
recommends on the basis of the experience at that laboratory
under the pilot program.
(d) Extension of Authority for Other Revitalization Pilot
Programs.--(1) Section 246(a)(4) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 1956; 10 U.S.C. 2358 note) is
amended by striking ``a period of three years'' and inserting
``up to six years''.
(2) Section 245(a)(4) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 553;
10 U.S.C. 2358 note) is amended by striking ``a period of
three years'' and inserting ``up to five years''.
(e) Partnerships Under Pilot Program.--(1) The Secretary of
Defense may authorize one or more laboratories and test
centers participating in the pilot program under subsection
(a) or in one of the fiscal years 1999 and 2000
revitalization pilot programs to enter into a cooperative
arrangement (in this subsection referred to as a ``public-
private partnership'') with entities in the private sector
and institutions of higher education for the performance of
work.

[[Page H5491]]

(2) A competitive process shall be used for the selection
of entities outside the Government to participate in a
public-private partnership.
(3)(A) Not more than one public-private partnership may be
established as a limited liability corporation.
(B) An entity participating in a limited liability
corporation as a party to a public-private partnership under
the pilot program may contribute funds to the corporation,
accept contribution of funds for the corporation, and provide
materials, services, and use of facilities for research,
technology, and infrastructure of the corporation, if it is
determined under regulations prescribed by the Secretary of
Defense that doing so will improve the efficiency of the
performance of research, test, and evaluation functions of
the Department of Defense.
(f) Excepted Service Under Pilot Program.--(1) To
facilitate recruitment of experts in science and engineering
to improve the performance of research, test, and evaluation
functions of the Department of Defense, the Secretary of
Defense may--
(A) designate a total of not more than 30 scientific,
engineering, and technology positions at the laboratories and
test centers participating in the pilot program under
subsection (a) or in any of the fiscal years 1999 and 2000
revitalization pilot programs as positions in the excepted
service (as defined in section 2103(a) of title 5, United
States Code);
(B) appoint individuals to such positions; and
(C) fix the compensation of such individuals.
(2) The maximum rate of basic pay for a position in the
excepted service pursuant to a designation made under
paragraph (1) may not exceed the maximum rate of basic pay
authorized for senior-level positions under section 5376 of
title 5, United States Code, notwithstanding any provision of
such title governing the rates of pay or classification of
employees in the executive branch.
(g) Fiscal Years 1999 and 2000 Revitalization Pilot
Programs Defined.--In this section, the term ``fiscal years
1999 and 2000 revitalization pilot programs'' means the pilot
programs authorized by--
(1) section 246 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 1955; 10 U.S.C. 2358 note); and
(2) section 245 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 552; 10
U.S.C. 2358 note).

SEC. 242. TECHNOLOGY TRANSITION INITIATIVE.

(a) Establishment and Conduct.--(1) Chapter 139 of title
10, United States Code, is amended by inserting after section
2359 the following new section:

``Sec. 2359a. Technology Transition Initiative

``(a) Requirement for Program.--The Secretary of Defense
shall carry out a Technology Transition Initiative to
facilitate the rapid transition of new technologies from
science and technology programs of the Department of Defense
into acquisition programs for the production of the
technologies.
``(b) Objectives.--The objectives of the Initiative are as
follows:
``(1) To accelerate the introduction of new technologies
into Department of Defense acquisition programs appropriate
for the technologies.
``(2) To successfully demonstrate new technologies in
relevant environments.
``(3) To ensure that new technologies are sufficiently
mature for production.
``(c) Management.--(1) The Secretary of Defense shall
designate a senior official in the Office of the Secretary of
Defense to manage the Initiative.
``(2) In administering the Initiative, the Initiative
Manager shall--
``(A) report directly to the Under Secretary of Defense for
Acquisition, Technology, and Logistics; and
``(B) obtain advice and other assistance from the
Technology Transition Council established under subsection
(e).
``(3) The Initiative Manager shall--
``(A) in consultation with the Technology Transition
Council established under subsection (e), identify promising
technologies that have been demonstrated in science and
technology programs of the Department of Defense;
``(B) develop a list of those technologies that have
promising potential for transition into acquisition programs
of the Department of Defense and transmit the list to the
acquisition executive of each military department and to
Congress;
``(C) identify potential sponsors in the Department of
Defense to undertake the transition of such technologies into
production;
``(D) work with the science and technology community and
the acquisition community to develop memoranda of agreement,
joint funding agreements, and other cooperative arrangements
to provide for the transition of the technologies into
production; and
``(E) provide funding support for selected projects under
subsection (d).
``(d) Jointly Funded Projects.--(1) The acquisition
executive of each military department shall select technology
projects of the military department to recommend for funding
support under the Initiative and shall submit a list of the
recommended projects, ranked in order of priority, to the
Initiative Manager. The projects shall be selected, in a
competitive process, on the basis of the highest potential
benefits in areas of interest identified by the Secretary of
that military department.
``(2) The Initiative Manager, in consultation with the
Technology Transition Council established under subsection
(e), shall select projects for funding support from among the
projects on the lists submitted under paragraph (1). The
Initiative Manager shall provide funds for each selected
project. The total amount provided for a project shall be
determined by agreement between the Initiative Manager and
the acquisition executive of the military department
concerned, but shall not be less than the amount equal to 50
percent of the total cost of the project.
``(3) The Initiative Manager shall not fund any one project
under this subsection for more than 3 years.
``(4) The acquisition executive of the military department
shall manage each project selected under paragraph (2) that
is undertaken by the military department. Memoranda of
agreement, joint funding agreements, and other cooperative
arrangements between the science and technology community and
the acquisition community shall be used in carrying out the
project if the acquisition executive determines that it is
appropriate to do so to achieve the objectives of the
project.
``(e) Technology Transition Council.--(1) There is a
Technology Transition Council in the Department of Defense.
The Council is composed of the following members:
``(A) The science and technology executives of the military
departments and Defense Agencies.
``(B) The acquisition executives of the military
departments.
``(C) The members of the Joint Requirements Oversight
Council.
``(2) The Technology Transition Council shall provide
advice and assistance to the Initiative Manager under this
section.
``(f) Definitions.--In this section:
``(1) The term `acquisition executive', with respect to a
military department, means the official designated as the
senior procurement executive for that military department
under section 16(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(3)).
``(2) The term `Initiative' means the Technology Transition
Initiative carried out under this section.
``(3) The term `Initiative Manager' means the official
designated to manage the Initiative under subsection (c).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2395 the following new item:

``2359a. Technology Transition Initiative.''.
(b) Authorization of Appropriations.--Of the amount
authorized to be appropriated under section 201(4),
$50,000,000 shall be available for the Technology Transition
Initiative under section 2359a of title 10, United States
Code (as added by subsection (a)), and for other technology
transition activities of the Department of Defense.

SEC. 243. ENCOURAGEMENT OF SMALL BUSINESSES AND
NONTRADITIONAL DEFENSE CONTRACTORS TO SUBMIT
PROPOSALS POTENTIALLY BENEFICIAL FOR COMBATING
TERRORISM.

(a) Establishment of Outreach Program.--During the 3-year
period beginning on the date of the enactment of this Act,
the Secretary of Defense shall carry out a program of
outreach to small businesses and nontraditional defense
contractors for the purpose set forth in subsection (b).
(b) Purpose.--The purpose of the outreach program is to
provide a process for reviewing and evaluating research
activities of, and new technologies being developed by, small
businesses and nontraditional defense contractors that have
the potential for meeting a defense requirement or technology
development goal of the Department of Defense that relates to
the mission of the Department of Defense to combat terrorism.
(c) Goals.--The goals of the outreach program are as
follows:
(1) To increase efforts within the Department of Defense to
survey and identify technologies being developed outside the
Department that have the potential described in subsection
(b).
(2) To provide the Under Secretary of Defense for
Acquisition, Technology, and Logistics with a source of
expert advice on new technologies for combating terrorism.
(3) To increase efforts to educate nontraditional defense
contractors on Department of Defense acquisition processes,
including regulations, procedures, funding opportunities,
military needs and requirements, and technology transfer so
as to encourage such contractors to submit proposals
regarding research activities and technologies described in
subsection (b).
(4) To increase efforts to provide timely response by the
Department of Defense to acquisition proposals (including
unsolicited proposals) submitted to the Department by small
businesses and by nontraditional defense contractors
regarding research activities and technologies described in
subsection (b), including through the use of electronic
transactions to facilitate the processing of proposals.
(d) Review Panel.--(1) The Secretary shall appoint, under
the outreach program, a panel for the review and evaluation
of proposals described in subsection (c)(4).
(2) The panel shall be composed of qualified personnel from
the military departments, relevant Defense Agencies,
industry, academia, and other private sector organizations.
(3) The panel shall review and evaluate proposals that, as
determined by the panel, may present a unique and valuable
approach for meeting a defense requirement or technology
development goal related to combating terrorism. In carrying
out duties under this paragraph, the panel may act through
representatives designated by the panel.
(4) The panel shall--
(A) within 60 days after receiving such a proposal,
transmit to the source of the proposal a notification
regarding whether the proposal has been selected for review
by the panel;
(B) to the maximum extent practicable, complete the review
of each selected proposal within 120 days after the proposal
is selected for review by the panel; and

[[Page H5492]]

(C) after completing the review, transmit an evaluation of
the proposal to the source of the proposal.
(5) The Secretary shall ensure that the panel, in reviewing
and evaluating proposals under this subsection, has the
authority to obtain assistance, to a reasonable extent, from
the appropriate technical resources of the laboratories,
research, development, and engineering centers, test and
evaluation activities, and other elements of the Department
of Defense.
(6) If, after completing the review of a proposal, the
panel determines that the proposal represents a unique and
valuable approach to meeting a defense requirement or
technology development goal related to combating terrorism,
the panel shall submit that determination to the Under
Secretary of Defense for Acquisition, Technology, and
Logistics together with any recommendations that the panel
considers appropriate regarding the proposal.
(7) The Secretary of Defense shall ensure that there is no
conflict of interest on the part of a member of the panel
with respect to the review and evaluation of a proposal by
the panel.
(e) Definitions.--In this section:
(1) The term ``nontraditional defense contractor'' means an
entity that has not, for at least one year prior to the date
of the enactment of this Act, entered into, or performed with
respect to, any contract described in paragraph (1) or (2) of
section 845(e) of the National Defense Authorization Act for
Fiscal Year 1994 (10 U.S.C. 2371 note).
(2) The term ``small business'' means a business concern
that meets the applicable size standards prescribed pursuant
to section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

SEC. 244. VEHICLE FUEL CELL PROGRAM.

(a) Program.--The Secretary of Defense shall carry out a
vehicle fuel cell technology development program in
cooperation with the Secretary of Energy, the heads of other
Federal agencies appropriate for participation in the
program, and industry.
(b) Goals and Objectives.--The goals and objectives of the
program shall be as follows:
(1) To identify and support technological advances that are
necessary for the development of fuel cell technology for use
in vehicles of types to be used by the Department of Defense.
(2) To ensure that critical technology advances are shared
among the various fuel cell technology programs within the
Federal Government.
(3) To ensure maximum leverage of Federal Government
funding for fuel cell technology development.
(c) Content of Program.--The program shall include--
(1) development of vehicle propulsion technologies and fuel
cell auxiliary power units, together with pilot
demonstrations of such technologies, as appropriate; and
(2) development of technologies necessary to address
critical issues such as hydrogen storage and the need for a
hydrogen fuel infrastructure.
(d) Cooperation With Industry.--(1) The Secretary shall
include the automobile and truck manufacturing industry and
its systems and component suppliers in the cooperative
involvement of industry in the program.
(2) The Secretary of Defense shall consider whether, in
order to facilitate the cooperation of industry in the
program, the Secretary and one or more companies in industry
should enter into a cooperative agreement that establishes an
entity to carry out activities required under subsection (c).
An entity established by any such agreement shall be known as
a defense industry fuel cell partnership.
(3) The Secretary of Defense shall provide for industry to
bear, in cash or in kind, at least one-half of the total cost
of carrying out the program.
(e) Amount for Program.--Of the amount authorized to be
appropriated by section 201(4), $10,000,000 shall be
available for the program required by this section.

SEC. 245. DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAM.

(a) Establishment.--The Secretary of Defense shall carry
out a defense nanotechnology research and development
program.
(b) Purposes.--The purposes of the program are as follows:
(1) To ensure United States global superiority in
nanotechnology necessary for meeting national security
requirements.
(2) To coordinate all nanoscale research and development
within the Department of Defense, and to provide for
interagency cooperation and collaboration on nanoscale
research and development between the Department of Defense
and other departments and agencies of the United States that
are involved in nanoscale research and development.
(3) To develop and manage a portfolio of fundamental and
applied nanoscience and engineering research initiatives that
is stable, consistent, and balanced across scientific
disciplines.
(4) To accelerate the transition and deployment of
technologies and concepts derived from nanoscale research and
development into the Armed Forces, and to establish policies,
procedures, and standards for measuring the success of such
efforts.
(5) To collect, synthesize, and disseminate critical
information on nanoscale research and development.
(c) Administration.--In carrying out the program, the
Secretary shall act through the Director of Defense Research
and Engineering, who shall supervise the planning,
management, and coordination of the program. The Director, in
consultation with the Secretaries of the military departments
and the heads of participating Defense Agencies and other
departments and agencies of the United States, shall--
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program;
(2) develop a coordinated and integrated research and
investment plan for meeting the long-term challenges and
achieving the specific technical goals; and
(3) develop memoranda of agreement, joint funding
agreements, and other cooperative arrangements necessary for
meeting the long-term challenges and achieving the specific
technical goals.
(d) Annual Report.--Not later than March 1 of each of 2004,
2005, 2006, and 2007, the Director of Defense Research and
Engineering shall submit to the congressional defense
committees a report on the program. The report shall contain
the following matters:
(1) A review of--
(A) the long-term challenges and specific goals of the
program; and
(B) the progress made toward meeting the challenges and
achieving the goals.
(2) An assessment of current and proposed funding levels,
including the adequacy of such funding levels to support
program activities.
(3) A review of the coordination of activities within the
Department of Defense and with other departments and
agencies.
(4) An assessment of the extent to which effective
technology transition paths have been established as a result
of activities under the program.
(5) Recommendations for additional program activities to
meet emerging national security requirements.

SEC. 246. ACTIVITIES AND ASSESSMENT OF THE DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.

(a) Authorized Activities.--Subsection (c) of section 257
of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 2358 note), is amended--
(1) in paragraph (1), by striking ``research grants'' and
inserting ``grants for research and instrumentation to
support such research''; and
(2) by adding at the end the following new paragraph:
``(3) Any other activities that are determined necessary to
further the achievement of the objectives of the program.''.
(b) Coordination.--Subsection (e) of such section is
amended by adding at the end the following:
``(4) The Secretary shall contract with the National
Research Council to assess the effectiveness of the Defense
Experimental Program to Stimulate Competitive Research in
achieving the program objectives set forth in subsection (b).
The assessment provided to the Secretary shall include the
following:
``(A) An assessment of the eligibility requirements of the
program and the relationship of such requirements to the
overall research base in the States, the stability of
research initiatives in the States, and the achievement of
the program objectives, together with any recommendations for
modification of the eligibility requirements.
``(B) An assessment of the program structure and the
effects of that structure on the development of a variety of
research activities in the States and the personnel available
to carry out such activities, together with any
recommendations for modification of program structure,
funding levels, and funding strategy.
``(C) An assessment of the past and ongoing activities of
the State planning committees in supporting the achievement
of the program objectives.
``(D) An assessment of the effects of the various
eligibility requirements of the various Federal programs to
stimulate competitive research on the ability of States to
develop niche research areas of expertise, exploit
opportunities for developing interdisciplinary research
initiatives, and achieve program objectives.''.

SEC. 247. FOUR-YEAR EXTENSION OF AUTHORITY OF DARPA TO AWARD
PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.

(a) Extension.--Section 2374a(f) of title 10, United States
Code, is amended by striking ``September 30, 2003'' and
inserting ``September 30, 2007''.
(b) Report on Administration of Program.--(1) Not later
than December 31, 2002, the Director of the Defense Advanced
Research Projects Agency shall submit to the congressional
defense committees a report on the proposal of the Director
for the administration of the program to award prizes for
advanced technology achievements under section 2374a of title
10, United States Code.
(2) The report shall include the following:
(A) A description of the proposed goals of the competition
under the program, including the technology areas to be
promoted by the competition and the relationship of such area
to military missions of the Department of Defense.
(B) The proposed rules of the competition under the program
and a description of the proposed management of the
competition.
(C) A description of the manner in which funds for cash
prizes under the program will be allocated within the
accounts of the Agency if a prize is awarded and claimed.
(D) A statement of the reasons why the competition is a
preferable means of promoting basic, advanced, and applied
research, technology development, or prototype projects than
other means of promotion of such activities, including
contracts, grants, cooperative agreements, and other
transactions.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2003 for the
use of the Armed Forces and other activities and agencies of
the

[[Page H5493]]

Department of Defense for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $24,180,742,000.
(2) For the Navy, $29,368,961,000.
(3) For the Marine Corps, $3,558,732,000.
(4) For the Air Force, $27,445,764,000.
(5) For Defense-wide activities, $14,492,266,000.
(6) For the Army Reserve, $1,962,610,000.
(7) For the Naval Reserve, $1,233,759,000.
(8) For the Marine Corps Reserve, $190,532,000.
(9) For the Air Force Reserve, $2,165,004,000.
(10) For the Army National Guard, $4,506,267,000.
(11) For the Air National Guard, $4,114,910,000.
(12) For the Defense Inspector General, $155,165,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,614,000.
(14) For Environmental Restoration, Army, $395,900,000.
(15) For Environmental Restoration, Navy, $256,948,000.
(16) For Environmental Restoration, Air Force,
$389,773,000.
(17) For Environmental Restoration, Defense-wide,
$23,498,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $252,102,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $58,400,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $873,907,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $14,202,441,000.
(23) For Cooperative Threat Reduction programs,
$416,700,000.
(24) For Overseas Contingency Operations Transfer Fund,
$50,000,000.
(25) For Support for International Sporting Competitions,
Defense, $19,000,000.
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to subsection (a) is reduced by--
(1) $159,790,000, which represents savings resulting from
reduced travel; and
(2) $615,200,000, which represents savings resulting from
foreign currency fluctuations.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $387,156,000.
(2) For the National Defense Sealift Fund, $934,129,000.
(3) For the Defense Commissary Agency Working Capital Fund,
$969,200,000.
(4) For the Pentagon Reservation Maintenance Revolving
Fund, $328,000,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal
year 2003 from the Armed Forces Retirement Home Trust Fund
the sum of $69,921,000 for the operation of the Armed Forces
Retirement Home, including the Armed Forces Retirement Home--
Washington and the Armed Forces Retirement Home--Gulfport.

SEC. 304. RANGE ENHANCEMENT INITIATIVE FUND.

(a) Availability of Funds.--Of the amount authorized to be
appropriated by section 301(a)(5) for operation and
maintenance for defense-wide activities, $20,000,000 shall be
available for the Range Enhancement Initiative Fund for the
purpose specified in subsection (b).
(b) Purpose.--Subject to subsection (c), amounts authorized
to be appropriated for the Range Enhancement Initiative Fund
shall be available to the Secretary of Defense and the
Secretaries of the military departments to purchase
restrictive easements, including easements that implement
agreements entered into under section 2697 of title 10,
United States Code, as added by section 2811 of this Act.
(c) Transfer of Amounts.--(1) Amounts in the Range
Enhancement Initiative Fund shall, subject to applicable
limitations in appropriations Acts, be made available to the
Secretary of a military department under subsection (b) by
transfer from the Fund to the applicable operation and
maintenance account of the military department, including the
operation and maintenance account for the active component,
or for a reserve component, of the military department.
(2) Authority to transfer amounts under paragraph (1) is in
addition to any other authority to transfer funds under this
Act.

SEC. 305. NAVY PILOT HUMAN RESOURCES CALL CENTER, CUTLER,
MAINE.

Of the amount authorized to be appropriated by section
301(a)(2) for operation and maintenance for the Navy,
$1,500,000 may be available for the Navy Pilot Human
Resources Call Center, Cutler, Maine.

SEC. 306. NATIONAL ARMY MUSEUM, FORT BELVOIR, VIRGINIA.

(a) Activation Efforts.--The Secretary of the Army may
carry out efforts to facilitate the commencement of
development for the National Army Museum at Fort Belvoir,
Virginia.
(b) Funding.--(1) The amount authorized to be appropriated
by section 301(a)(1) for operation and maintenance for the
Army is hereby increased by $100,000.
(2) Of the amount authorized to be appropriated by section
301(a)(1) for operation and maintenance for the Army, as
increased by paragraph (1), $100,000 shall be available to
carry out the efforts authorized by subsection (a).
(c) Offset.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for the Army is hereby reduced by $100,000.

SEC. 307. DISPOSAL OF OBSOLETE VESSELS OF THE NATIONAL
DEFENSE RESERVE FLEET.

Of the amount authorized to be appropriated by section
301(a)(2) for operation and maintenance for the Navy,
$20,000,000 may be available, without fiscal year limitation
if so provided in appropriations Acts, for expenses related
to the disposal of obsolete vessels in the Maritime
Administration National Defense Reserve Fleet.

Subtitle B--Environmental Provisions

SEC. 311. ENHANCEMENT OF AUTHORITY ON COOPERATIVE AGREEMENTS
FOR ENVIRONMENTAL PURPOSES.

Section 2701(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Cross-fiscal year agreements.--An agreement with an
agency under paragraph (1) may be for a period that begins in
one fiscal year and ends in another fiscal year if (without
regard to any option to extend the period of the agreement)
the period of the agreement does not exceed two years.''.

SEC. 312. MODIFICATION OF AUTHORITY TO CARRY OUT CONSTRUCTION
PROJECTS FOR ENVIRONMENTAL RESPONSES.

(a) Restatement and Modification of Authority.--(1) Chapter
160 of title 10, United States Code, is amended by adding at
the end the following new section:

``Sec. 2711. Environmental restoration projects for
environmental responses

``(a) The Secretary of Defense or the Secretary of a
military department may carry out an environmental
restoration project if that Secretary determines that the
project is necessary to carry out a response under this
chapter or CERCLA.
``(b) Any construction, development, conversion, or
extension of a structure or installation of equipment that is
included in an environmental restoration project may not be
considered military construction (as that term is defined in
section 2801(a) of this title).
``(c) Funds authorized for deposit in an account
established by section 2703(a) of this title shall be the
only source of funds to conduct an environmental restoration
project under this section.
``(d) In this section, the term `environmental restoration
project' includes construction, development, conversion, or
extension of a structure or installation of equipment in
direct support of a response.''.
(2) The table of sections at the beginning of that chapter
is amended by adding at the end the following new item:

``2711. Environmental restoration projects for environmental
responses.''.
(b) Repeal of Superseded Provision.--(1) Section 2810 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 169
of that title is amended by striking the item relating to
section 2810.

SEC. 313. INCREASED PROCUREMENT OF ENVIRONMENTALLY PREFERABLE
PRODUCTS.

(a) Procurement Goals.--(1) The Secretary of Defense shall
establish goals for the increased procurement by the
Department of Defense of procurement items that are
environmentally preferable or are made with recovered
materials.
(2) The goals established under paragraph (1) shall be
consistent with the requirements of section 6002 of the Solid
Waste Disposal Act (42 U.S.C. 6962).
(3) In establishing goals under paragraph (1), the
Secretary shall review the Comprehensive Procurement
Guidelines and Guidance on Acquisition of Environmentally
Preferable Products and Services developed pursuant to
Executive Order 13101 and products identified as
environmentally preferable in the Federal Logistics
Information System.
(4) In establishing goals under paragraph (1), the
Secretary shall establish a procurement goal for each
category of procurement items that is environmentally
preferable or is made with recovered materials.
(5) The goals established under paragraph (1) shall apply
to Department purchases in each category of procurement items
designated by the Secretary for purposes of paragraph (4),
but shall not apply to--
(A) products or services purchased by Department
contractors and subcontractors, even if such products or
services are incorporated into procurement items purchased by
the Department; or
(B) credit card purchases or other local purchases that are
made outside the requisitioning process of the Department.
(b) Assessment of Training and Education.--The Secretary
shall assess the need to establish a program, or enhance
existing programs, for training and educating Department of
Defense procurement officials and contractors to ensure that
they are aware of Department requirements, preferences, and
goals for the procurement of items that are environmentally
preferable or are made with recovered materials.
(c) Tracking System.--The Secretary shall develop a
tracking system to identify the extent to which the
Department of Defense is procuring items that are
environmentally preferable or are made with recovered
materials. The tracking system shall separately track
procurement of each category of procurement items for which a
goal has been established under subsection (a)(4).
(d) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the

[[Page H5494]]

Secretary shall submit to the congressional defense
committees a report that sets forth--
(1) the initial goals the Secretary plans to establish
under subsection (a); and
(2) the findings of the Secretary as a result of the
assessment under subsection (b), together with any
recommendations of the Secretary as a result of the
assessment.
(e) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall--
(1) establish an initial set of goals in accordance
subsection (a);
(2) begin the implementation of any recommendations of the
Secretary under subsection (d)(2) as a result of the
assessment under subsection (b); and
(3) implement the tracking system required by subsection
(c).
(f) Annual Report.--Not later than March 1 of each year
from 2004 through 2007, the Secretary shall submit to
Congress a report on the progress made in the implementation
of this section. Each report shall--
(1) identify each category of procurement items for which a
goal has been established under subsection (a) as of the end
of such year; and
(2) provide information from the tracking system required
by subsection (b) that indicates the extent to which the
Department has met the goal for the category of procurement
items as of the end of such year.
(g) Definitions.--In this section:
(1) Environmentally preferable.--The term ``environmentally
preferable'', in the case of a procurement item, means that
the item has a lesser or reduced effect on human health and
the environment when compared with competing procurement
items that serve the same purpose. The comparison may be
based upon consideration of raw materials acquisition,
production, manufacturing, packaging, distribution, reuse,
operation, maintenance, or disposal of the procurement item,
or other appropriate matters.
(2) Procurement item.--The term ``procurement item'' has
the meaning given that term in section 1004(16) of the Solid
Waste Disposal Act (40 U.S.C. 6903(16)).
(3) Recovered materials.--The term ``recovered materials''
means waste materials and by-products that have been
recovered or diverted from solid waste, but does not include
materials and by-products generated from, and commonly used
within, an original manufacturing process.

SEC. 314. CLEANUP OF UNEXPLODED ORDNANCE ON KAHO'OLAWE
ISLAND, HAWAII.

(a) Level of Cleanup Required.--The Secretary of the Navy
shall continue activities for the clearance and removal of
unexploded ordnance on the Island of Kaho'olawe, Hawaii, and
related remediation activities, until the later of the
following dates:
(1) The date on which the Kaho'olawe Island access control
period expires.
(2) The date on which the Secretary achieves each of the
following objectives:
(A) The inspection and assessment of all of Kaho'olawe
Island in accordance with current procedures.
(B) The clearance of 75 percent of Kaho'olawe Island to the
degree specified in the Tier One standards in the memorandum
of understanding.
(C) The clearance of 25 percent of Kaho'olawe Island to the
degree specified in the Tier Two standards in the memorandum
of understanding.
(b) Definitions.--In this section:
(1) The term ``Kaho'olawe Island access control period''
means the period for which the Secretary of the Navy is
authorized to retain the control of access to the Island of
Kaho'olawe, Hawaii, under title X of the Department of
Defense Appropriations Act, 1994 (Public Law 103-139; 107
Stat. 1480).
(2) The term ``memorandum of understanding'' means the
Memorandum of Understanding Between the United States
Department of the Navy and the State of Hawaii Concerning the
Island of Kaho'olawe, Hawaii.

Subtitle C--Defense Dependents' Education

SEC. 331. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.

(a) Continuation of Department of Defense Program for
Fiscal Year 2003.--Of the amount authorized to be
appropriated pursuant to section 301(a)(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be
available only for the purpose of providing educational
agencies assistance to local educational agencies.
(b) Notification.--Not later than June 30, 2003, the
Secretary of Defense shall notify each local educational
agency that is eligible for assistance or a payment under
subsection (a) for fiscal year 2003 of--
(1) that agency's eligibility for the assistance or
payment; and
(2) the amount of the assistance or payment for which that
agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 332. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of the amount authorized to be appropriated pursuant to
section 301(a)(5) for operation and maintenance for Defense-
wide activities, $5,000,000 shall be available for payments
under section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).

SEC. 333. OPTIONS FOR FUNDING DEPENDENT SUMMER SCHOOL
PROGRAMS.

Section 1402(d)(2) of the Defense Dependents' Education Act
of 1978 (20 U.S.C. 921(d)(2)) is amended to read as follows:
``(2) The Secretary shall provide any summer school program
under this subsection on the same financial basis as programs
offered during the regular school year, except that the
Secretary may charge reasonable fees for all or portions of
such summer school programs to the extent that the Secretary
determines appropriate.''.

SEC. 334. COMPTROLLER GENERAL STUDY OF ADEQUACY OF
COMPENSATION PROVIDED FOR TEACHERS IN THE
DEPARTMENT OF DEFENSE OVERSEAS DEPENDENTS'
SCHOOLS.

(a) Additional Consideration for Study.--Subsection (b) of
section 354 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1064) is
amended by inserting after paragraph (2) the following new
paragraph:
``(3) Whether the process for setting teacher compensation
is efficient and cost effective.''.
(b) Extension of Time for Reporting.--Subsection (c) of
such section is amended by striking ``May 1, 2002'' and
inserting ``December 12, 2002''.

Subtitle D--Other Matters

SEC. 341. USE OF HUMANITARIAN AND CIVIC ASSISTANCE FUNDS FOR
RESERVE COMPONENT MEMBERS OF SPECIAL OPERATIONS
COMMAND ENGAGED IN ACTIVITIES RELATING TO
CLEARANCE OF LANDMINES.

Section 401(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph (5):
``(5) Up to 10 percent of the amount available for a fiscal
year for activities described in subsection (e)(5) may be
expended for the pay and allowances of reserve component
members of the Special Operations Command performing duty in
connection with training and activities related to the
clearing of landmines for humanitarian purposes.''.

SEC. 342. CALCULATION OF FIVE-YEAR PERIOD OF LIMITATION FOR
NAVY-MARINE CORPS INTRANET CONTRACT.

(a) Commencement of Period.--The five-year period of
limitation that is applicable to the multiyear Navy-Marine
Corps Intranet contract under section 2306c of title 10,
United States Code, shall be deemed to have begun on the date
on which the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Chief Information Officer
of the Department of Defense approved the ordering of
additional workstations under such contract in accordance
with subsection (c) of section 814 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, as
added by section 362(a) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1065).
(b) Definition.--In this section, the term ``Navy-Marine
Corps Intranet contract'' has the meaning given such term in
section 814(i)(1) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as amended by section
362(c) of Public Law 107-107 (115 Stat. 1067)).

SEC. 343. REIMBURSEMENT FOR RESERVE COMPONENT INTELLIGENCE
SUPPORT.

(a) Source of Funds.--Chapter 1003 of title 10, United
States Code, is amended by adding at the end the following
new section:

``Sec. 10115. Reimbursement for reserve component
intelligence support

``(a) Authority.--Funds appropriated or otherwise made
available to a military department, Defense Agency, or
combatant command for operation and maintenance shall be
available for the pay, allowances, and other costs that would
be charged to appropriations for a reserve component for the
performance of duties by members of that reserve component in
providing intelligence or counterintelligence support to--
``(1) such military department, Defense Agency, or
combatant command; or
``(2) a joint intelligence activity, including any such
activity for which funds are authorized to be appropriated
within the National Foreign Intelligence Program, the Joint
Military Intelligence Program, or the Tactical Intelligence
and Related Activities aggregate (or any successor to such
program or aggregate).
``(b) Construction of Provision.--Nothing in this section
shall be construed to authorize deviation from established
reserve component personnel or training procedures.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``10115. Reimbursement for reserve component intelligence support.''.

SEC. 344. REBATE AGREEMENTS UNDER THE SPECIAL SUPPLEMENTAL
FOOD PROGRAM.

(a) Applicability to Navy Exchange Markets.--Paragraph
(1)(A) of section 1060a(e) of title 10, United States Code,
is amended by inserting ``or Navy Exchange Markets'' after
``commissary stores''.
(b) Increased Maximum Period of Agreement.--Paragraph (3)
of such section 1060a(e) is

[[Page H5495]]

amended by striking ``subsection may not exceed one year'' in
the first sentence and inserting ``subsection, including any
period of extension of the contract by modification of the
contract, exercise of an option, or other cause, may not
exceed three years''.

SEC. 345. LOGISTICS SUPPORT AND SERVICES FOR WEAPON SYSTEMS
CONTRACTORS.

(a) Authority.--The Secretary of Defense may make
available, in accordance with this section and the
regulations prescribed under subsection (e), logistics
support and logistics services to a contractor in support of
the performance by the contractor of a contract for the
construction, modification, or maintenance of a weapon system
that is entered into by an official of the Department of
Defense.
(b) Support Contracts.--Any logistics support and logistics
services that is to be provided under this section to a
contractor in support of the performance of a contract shall
be provided under a separate contract that is entered into by
the Director of the Defense Logistics Agency with that
contractor.
(c) Scope of Support and Services.--The logistics support
and logistics services that may be provided under this
section in support of the performance of a contract described
in subsection (a) are the distribution, disposal, and
cataloging of materiel and repair parts necessary for the
performance of that contract.
(d) Limitations.--(1) The number of contracts described in
subsection (a) for which the Secretary makes logistics
support and logistics services available under the authority
of this section may not exceed five contracts. The total
amount of the estimated costs of all such contracts for which
logistics support and logistics services are made available
under this section may not exceed $100,000,000.
(2) No contract entered into by the Director of the Defense
Logistics Agency under subsection (b) may be for a period in
excess of five years, including periods for which the
contract is extended under options to extend the contract.
(e) Regulations.--Before exercising the authority under
this section, the Secretary of Defense shall prescribe in
regulations such requirements, conditions, and restrictions
as the Secretary determines appropriate to ensure that
logistics support and logistics services are provided under
this section only when it is in the best interests of the
United States to do so. The regulations shall include, at a
minimum, the following:
(1) A requirement for the authority under this section to
be used only for providing logistics support and logistics
services in support of the performance of a contract that is
entered into using competitive procedures (as defined in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403)).
(2) A requirement for the solicitation of offers for a
contract described in subsection (a), for which logistics
support and logistics services are to be made available under
this section, to include--
(A) a statement that the logistics support and logistics
services are to be made available under the authority of this
section to any contractor awarded the contract, but only on a
basis that does not require acceptance of the support and
services; and
(B) a description of the range of the logistics support and
logistics services that are to be made available to the
contractor.
(3) A requirement for the rates charged a contractor for
logistics support and logistics services provided to a
contractor under this section to reflect the full cost to the
United States of the resources used in providing the support
and services, including the costs of resources used, but not
paid for, by the Department of Defense.
(4) A requirement to credit to the General Fund of the
Treasury amounts received by the Department of Defense from a
contractor for the cost of logistics support and logistics
services provided to the contractor by the Department of
Defense under this section but not paid for out of funds
available to the Department of Defense.
(5) With respect to a contract described in subsection (a)
that is being performed for a department or agency outside
the Department of Defense, a prohibition, in accordance with
applicable contracting procedures, on the imposition of any
charge on that department or agency for any effort of
Department of Defense personnel or the contractor to correct
deficiencies in the performance of such contract.
(6) A prohibition on the imposition of any charge on a
contractor for any effort of the contractor to correct a
deficiency in the performance of logistics support and
logistics services provided to the contractor under this
section.
(f) Relationship to Treaty Obligations.--The Secretary
shall ensure that the exercise of authority under this
section does not conflict with any obligation of the United
States under any treaty or other international agreement.
(g) Termination of Authority.--(1) The authority provided
in this section shall expire on September 30, 2007, subject
to paragraph (2).
(2) The expiration of the authority under this section does
not terminate--
(A) any contract that was entered into by the Director of
the Defense Logistics Agency under subsection (b) before the
expiration of the authority or any obligation to provide
logistics support and logistics services under that contract;
or
(B) any authority--
(i) to enter into a contract described in subsection (a)
for which a solicitation of offers was issued in accordance
with the regulations prescribed pursuant to subsection (e)(2)
before the date of the expiration of the authority; or
(ii) to provide logistics support and logistics services to
the contractor with respect to that contract in accordance
with this section.

SEC. 346. CONTINUATION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

(a) Extension Through Fiscal Year 2004.--Subsection (a) of
section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-65) is amended by
striking ``and 2002'' and inserting ``through 2004''.
(b) Reporting Requirements.--Subsection (g) of such section
is amended--
(1) in paragraph (1), by striking ``2002'' and inserting
``2004''; and
(2) in paragraph (2), by striking the first sentence and
inserting the following new sentence: ``Not later than July
1, 2003, the Secretary of the Army shall submit to the
congressional defense committees a report on the results of
the demonstration program since its implementation, including
the Secretary's views regarding the benefits of the program
for Army manufacturing arsenals and the Department of the
Army and the success of the program in achieving the purposes
specified in subsection (b).''.

SEC. 347. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF
DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES
ABROAD.

Section 431(a) of title 10, United States Code, is amended
by striking ``December 31, 2002'' in the second sentence and
inserting ``December 31, 2004''.

SEC. 348. INSTALLATION AND CONNECTION POLICY AND PROCEDURES
REGARDING DEFENSE SWITCH NETWORK.

(a) Establishment of Policy and Procedures.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall establish clear and uniform policy
and procedures, applicable to the military departments and
Defense Agencies, regarding the installation and connection
of telecom switches to the Defense Switch Network.
(b) Elements of Policy and Procedures.--The policy and
procedures shall address at a minimum the following:
(1) Clear interoperability and compatibility requirements
for procuring, certifying, installing, and connecting telecom
switches to the Defense Switch Network.
(2) Current, complete, and enforceable testing, validation,
and certification procedures needed to ensure the
interoperability and compatibility requirements are
satisfied.
(c) Exceptions.--(1) The Secretary of Defense may specify
certain circumstances in which--
(A) the requirements for testing, validation, and
certification of telecom switches may be waived; or
(B) interim authority for the installation and connection
of telecom switches to the Defense Switch Network may be
granted.
(2) Only the Assistant Secretary of Defense for Command,
Control, Communications, and Intelligence, after consultation
with the Chairman of the Joint Chiefs of Staff, may approve a
waiver or grant of interim authority under paragraph (1).
(d) Inventory of Defense Switch Network.--The Secretary of
Defense shall prepare and maintain an inventory of all
telecom switches that, as of the date on which the Secretary
issues the policy and procedures--
(1) are installed or connected to the Defense Switch
Network; but
(2) have not been tested, validated, and certified by the
Defense Information Systems Agency (Joint Interoperability
Test Center).
(e) Interoperability Risks.--(1) The Secretary of Defense
shall, on an ongoing basis--
(A) identify and assess the interoperability risks that are
associated with the installation or connection of uncertified
switches to the Defense Switch Network and the maintenance of
such switches on the Defense Switch Network; and
(B) develop and implement a plan to eliminate or mitigate
such risks as identified.
(2) The Secretary shall initiate action under paragraph (1)
upon completing the initial inventory of telecom switches
required by subsection (d).
(f) Telecom Switch Defined.--In this section, the term
``telecom switch'' means hardware or software designed to
send and receive voice, data, or video signals across a
network that provides customer voice, data, or video
equipment access to the Defense Switch Network or public
switched telecommunications networks.

SEC. 349. ENGINEERING STUDY AND ENVIRONMENTAL ANALYSIS OF
ROAD MODIFICATIONS IN VICINITY OF FORT BELVOIR,
VIRGINIA.

(a) Study and Analysis.--(1) The Secretary of the Army
shall conduct a preliminary engineering study and
environmental analysis to evaluate the feasibility of
establishing a connector road between Richmond Highway
(United States Route 1) and Telegraph Road in order to
provide an alternative to Beulah Road (State Route 613) and
Woodlawn Road (State Route 618) at Fort Belvoir, Virginia,
which were closed as a force protection measure.
(2) It is the sense of Congress that the study and analysis
should consider as one alternative the extension of Old Mill
Road between Richmond Highway and Telegraph Road.
(b) Consultation.--The study required by subsection (a)
shall be conducted in consultation with the Department of
Transportation of the Commonwealth of Virginia and Fairfax
County, Virginia.
(c) Report.--The Secretary shall submit to Congress a
summary report on the study and analysis required by
subsection (a). The summary report shall be submitted
together with the budget justification materials in support
of the budget of the President for fiscal year 2006 that is
submitted to Congress under section 1105(a) of title 31,
United States Code.
(d) Funding.--Of the amount authorized to be appropriated
by section 301(a)(1) for the Army for operation and
maintenance, $5,000,000 may be available for the study and
analysis required by subsection (a).

[[Page H5496]]

SEC. 350. EXTENSION OF WORK SAFETY DEMONSTRATION PROGRAM.

Section 1112 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-313) is amended--
(1) in subsection (d), by striking ``September 30, 2002''
and inserting ``September 30, 2003''; and
(2) in subsection (e)(2), by striking ``December 1, 2002''
and inserting ``December 1, 2003''.

SEC. 351. LIFT SUPPORT FOR MINE WARFARE SHIPS AND OTHER
VESSELS.

(a) Amount.--Of the amount authorized to be appropriated by
section 302(2), $10,000,000 shall be available for
implementing the recommendations resulting from the Navy's
Non-Self Deployable Watercraft (NDSW) Study and the Joint
Chiefs of Staff Focused Logistics Study, which are to
determine the requirements of the Navy for providing lift
support for mine warfare ships and other vessels.
(b) Offsetting Reduction.--Of the amount authorized to be
appropriated by section 302(2), the amount provided for the
procurement of mine countermeasures ships cradles is hereby
reduced by $10,000,000.

SEC. 352. NAVY DATA CONVERSION ACTIVITIES.

(a) Amount for Activities.--The amount authorized to be
appropriated by section 301(a)(2) is hereby increased by
$1,500,000. The total amount of such increase may be
available for the Navy Data Conversion and Management
Laboratory to support data conversion activities for the
Navy.
(b) Offset.--The amount authorized to be appropriated by
section 301(a)(1) is hereby reduced by $1,500,000 to reflect
a reduction in the utilities privatization efforts previously
planned by the Army.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2003, as follows:
(1) The Army, 485,000.
(2) The Navy, 379,200.
(3) The Marine Corps, 175,000.
(4) The Air Force, 362,500.

SEC. 402. AUTHORITY TO INCREASE STRENGTH AND GRADE
LIMITATIONS TO ACCOUNT FOR RESERVE COMPONENT
MEMBERS ON ACTIVE DUTY IN SUPPORT OF A
CONTINGENCY OPERATION.

(a) Active Duty Strength.--Section 115(c)(1) of title 10,
United States Code, is amended to read as follows:
``(1) increase the end strength authorized pursuant to
subsection (a)(1)(A) for a fiscal year for any of the armed
forces by--
``(A) a number equal to not more than 2 percent of that end
strength;
``(B) a number equal to the number of members of the
reserve components of that armed force on active duty under
section 12301(d) of this title in support of a contingency
operation in that fiscal year; or
``(C) a number not greater than the sum of the numbers
authorized by subparagraphs (A) and (B).''.
(b) Authorized Daily Average for Members in Pay Grades E-8
and E-9 on Active Duty.--Section 517 of such title is amended
by adding at the end the following new paragraph:
``(d) The Secretary of Defense may increase the authorized
daily average number of enlisted members on active duty in an
armed force in pay grades E-8 and E-9 in a fiscal year under
subsection (a) by the number of enlisted members of reserve
components of that armed force in pay grades E-8 and E-9,
respectively, that are on active duty in that fiscal year
under section 12301(d) of this title in support of a
contingency operation.''.
(c) Authorized Strengths for Commissioned Officers in Pay
Grades O-4, O-5, and O-6 on Active Duty.--Section 523 of such
title is amended--
(1) in subsection (a), by striking ``subsection (c)'' in
paragraphs (1) and (2) and inserting ``subsections (c) and
(e)''; and
(2) by adding at the end the following new subsection:
``(e) The Secretary of Defense may increase the authorized
total number of commissioned officers serving on active duty
in the Army, Navy, Air Force, or Marine Corps in a grade
referred to in subsection (c) at the end of any fiscal year
under that subsection by the number of commissioned officers
of reserve components of the Army, Navy, Air Force, or Marine
Corps, respectively, that are then serving on active duty in
that grade under section 12301(d) of this title in support of
a contingency operation.''.
(d) Authorized Strengths for General and Flag Officers on
Active Duty.--Section 526(a) of such title is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by striking ``Limitations.--The'' and inserting
``Limitations.--(1) Except as provided in paragraph (2),
the''; and
(3) by adding at the end the following new paragraph (2):
``(2) The Secretary of Defense may increase the number of
general and flag officers authorized to be on active duty in
the Army, Navy, Air Force, or Marine Corps under paragraph
(1) by the number of reserve general or flag officers of
reserve components of the Army, Navy, Air Force, or Marine
Corps, respectively, that are on active duty under section
12301(d) of this title in support of a contingency
operation.''.

SEC. 403. INCREASED ALLOWANCE FOR NUMBER OF MARINE CORPS
GENERAL OFFICERS ON ACTIVE DUTY IN GRADES ABOVE
MAJOR GENERAL.

Section 525(b)(2)(B) of title 10, United States Code, is
amended by striking ``16.2 percent'' and inserting ``17.5
percent''.

SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS
OFFICERS ON ACTIVE DUTY IN THE GRADE OF
COLONEL.

The table in section 523(a)(1) of title 10, United States
Code, is amended by striking the figures under the heading
``Colonel'' in the portion of the table relating to the
Marine Corps and inserting the following:

``571
632
653
673
694
715
735''.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2003, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,800.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 106,600.
(6) The Air Force Reserve, 75,600.
(7) The Coast Guard Reserve, 9,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2003, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 24,492.
(2) The Army Reserve, 13,888.
(3) The Naval Reserve, 14,572.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,727.
(6) The Air Force Reserve, 1,498.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).

The minimum number of military technicians (dual status) as
of the last day of fiscal year 2003 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 6,599.
(2) For the Army National Guard of the United States,
24,102.
(3) For the Air Force Reserve, 9,911.
(4) For the Air National Guard of the United States,
22,495.

SEC. 414. FISCAL YEAR 2003 LIMITATIONS ON NON-DUAL STATUS
TECHNICIANS.

(a) Limitations.--(1) Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the
National Guard as of September 30, 2003, may not exceed the
following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) The number of non-dual status technicians employed by
the Army Reserve as of September 30, 2003, may not exceed
995.
(3) The Air Force Reserve may not employ any person as a
non-dual status technician during fiscal year 2003.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
the term in section 10217(a) of title 10, United States Code.

Subtitle C--Authorization of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2003 a total of $94,352,208,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2003.

[[Page H5497]]

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

SEC. 501. EXTENSION OF CERTAIN REQUIREMENTS AND EXCLUSIONS
APPLICABLE TO SERVICE OF GENERAL AND FLAG
OFFICERS ON ACTIVE DUTY IN CERTAIN JOINT DUTY
ASSIGNMENTS.

(a) Recommendations for Assignment to Senior Joint Officer
Positions.--Section 604(c) of title 10, United States Code,
is amended by striking ``September 30, 2003'' and inserting
``December 31, 2003''.
(b) Inapplicability of Grade Distribution Requirements.--
Section 525(b)(5)(C) of such title is amended by striking
``September 30, 2003'' and inserting ``December 31, 2003''.
(c) Exclusion From Strength Limitation.--Section 526(b)(3)
of such title is amended by striking ``October 1, 2002'' and
inserting ``December 31, 2003''.

SEC. 502. EXTENSION OF AUTHORITY TO WAIVE REQUIREMENT FOR
SIGNIFICANT JOINT DUTY EXPERIENCE FOR
APPOINTMENT AS A CHIEF OF A RESERVE COMPONENT
OR A NATIONAL GUARD DIRECTOR.

(a) Chief of Army Reserve.--Section 3038(b)(4) of title 10,
United States Code, is amended by striking ``October 1,
2003'' and inserting ``December 31, 2003''.
(b) Chief of Naval Reserve.--Section 5143(b)(4) of such
title is amended by striking ``October 1, 2003'' and
inserting ``December 31, 2003''.
(c) Commander, Marine Forces Reserve.--Section 5144(b)(4)
of such title is amended by striking ``October 1, 2003'' and
inserting ``December 31, 2003''.
(d) Chief of Air Force Reserve.--Section 8038(b)(4) of such
title 10, United States Code, is amended by striking
``October 1, 2003'' and inserting ``December 31, 2003''.
(e) Directors of the National Guard.--Section
10506(a)(3)(D) of such title is amended by striking ``October
1, 2003'' and inserting ``December 31, 2003''.

SEC. 503. REPEAL OF LIMITATION ON AUTHORITY TO GRANT CERTAIN
OFFICERS A WAIVER OF REQUIRED SEQUENCE FOR
JOINT PROFESSIONAL MILITARY EDUCATION AND JOINT
DUTY ASSIGNMENT.

Section 661(c)(3)(D) of title 10, United States Code, is
amended by striking ``In the case of officers in grades below
brigadier general'' and all that follows through ``selected
for the joint specialty during that fiscal year.''.

SEC. 504. EXTENSION OF TEMPORARY AUTHORITY FOR RECALL OF
RETIRED AVIATORS.

Section 501(e) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 589) is
amended by striking ``September 30, 2002'' and inserting
``September 30, 2008''.

SEC. 505. INCREASED GRADE FOR HEADS OF NURSE CORPS.

(a) Army.--Section 3069(b) of title 10, United States Code,
is amended by striking ``brigadier general'' in the second
sentence and inserting ``major general''.
(b) Navy.--The first sentence of section 5150(c) of such
title is amended--
(1) by inserting ``rear admiral (upper half) in the case of
an officer in the Nurse Corps or'' after ``for promotion to
the grade of''; and
(2) by inserting ``in the case of an officer in the Medical
Service Corps'' after ``rear admiral (lower half)''.
(c) Air Force.--Section 8069(b) of such title is amended by
striking ``brigadier general'' in the second sentence and
inserting ``major general''.

SEC. 506. REINSTATEMENT OF AUTHORITY TO REDUCE SERVICE
REQUIREMENT FOR RETIREMENT IN GRADES ABOVE O-4.

(a) Officers on Active Duty.--Subsection (a)(2)(A) of
section 1370 of title 10, United States Code, is amended--
(1) by striking ``may authorize'' and all that follows and
inserting ``may, in the case of retirements effective during
the period beginning on September 1, 2002, and ending on
December 31, 2004, authorize--''; and
(2) by adding at the end the following:
``(1) the Deputy Under Secretary of Defense for Personnel
and Readiness to reduce such 3-year period of required
service to a period not less than two years for retirements
in grades above colonel or, in the case of the Navy, captain;
and
``(2) the Secretary of a military department or the
Assistant Secretary of a military department having
responsibility for manpower and reserve affairs to reduce
such 3-year period to a period of required service not less
than two years for retirements in grades of lieutenant
colonel and colonel or, in the case of the Navy, commander
and captain.''.
(b) Reserve Officers.--Subsection (d)(5) of such section is
amended--
(1) in the first sentence--
(A) by striking ``may authorize'' and all that follows and
inserting ``may, in the case of retirements effective during
the period beginning on September 1, 2002, and ending on
December 31, 2004, authorize--''; and
(B) by adding at the end the following:
``(A) the Deputy Under Secretary of Defense for Personnel
and Readiness to reduce such 3-year period of required
service to a period not less than two years for retirements
in grades above colonel or, in the case of the Navy, captain;
and
``(B) the Secretary of a military department or the
Assistant Secretary of a military department having
responsibility for manpower and reserve affairs to reduce
such 3-year period of required service to a period not less
than two years for retirements in grades of lieutenant
colonel and colonel or, in the case of the Navy, commander
and captain.'';
(2) by designating the second sentence as paragraph (6) and
realigning such paragraph, as so redesignated 2 ems from the
left margin; and
(3) in paragraph (6), as so redesignated, by striking
``this paragraph'' and inserting ``paragraph (5)''.
(c) Advance Notice to the President and Congress.--Such
section is further amended by adding at the end the following
new subsection:
``(e) Advance Notice to Congress.--(1) The Secretary of
Defense shall notify the Committees on Armed Services of the
Senate and House of Representatives of--
``(A) an exercise of authority under paragraph (2)(A) of
subsection (a) to reduce the 3-year minimum period of
required service on active duty in a grade in the case of an
officer to whom such paragraph applies before the officer is
retired in such grade under such subsection without having
satisfied that 3-year service requirement; and
``(B) an exercise of authority under paragraph (5) of
subsection (d) to reduce the 3-year minimum period of service
in grade required under paragraph (3)(A) of such subsection
in the case of an officer to whom such paragraph applies
before the officer is credited with satisfactory service in
such grade under subsection (d) without having satisfied that
3-year service requirement.
``(2) The requirement for a notification under paragraph
(1) is satisfied in the case of an officer to whom subsection
(c) applies if the notification is included in the
certification submitted with respect to such officer under
paragraph (1) of such subsection.
``(3) The notification requirement under paragraph (1) does
not apply to an officer being retired in the grade of
lieutenant colonel or colonel or, in the case of the Navy,
commander or captain.''.

Subtitle B--Reserve Component Personnel Policy

SEC. 511. TIME FOR COMMENCEMENT OF INITIAL PERIOD OF ACTIVE
DUTY FOR TRAINING UPON ENLISTMENT IN RESERVE
COMPONENT.

Section 12103(d) of title 10, United States Code, is
amended by striking ``270 days'' in the second sentence and
inserting ``one year''.

SEC. 512. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL
DEFERMENT OF MANDATORY RETIREMENT OR SEPARATION
OF RESERVE COMPONENT OFFICER.

(a) Authority.--Chapter 1407 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 14519. Deferment of retirement or separation for
medical reasons

``(a) Authority.--If, in the case of an officer required to
be retired or separated under this chapter or chapter 1409 of
this title, the Secretary concerned determines that the
evaluation of the physical condition of the officer and
determination of the officer's entitlement to retirement or
separation for physical disability require hospitalization or
medical observation and that such hospitalization or medical
observation cannot be completed with confidence in a manner
consistent with the officer's well being before the date on
which the officer would otherwise be required to retire or be
separated, the Secretary may defer the retirement or
separation of the officer.
``(b) Period of Deferment.--A deferral of retirement or
separation under subsection (a) may not extend for more than
30 days after the completion of the evaluation requiring
hospitalization or medical observation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``14519. Deferment of retirement or separation for medical reasons.''.

SEC. 513. REPEAL OF PROHIBITION ON USE OF AIR FORCE RESERVE
AGR PERSONNEL FOR AIR FORCE BASE SECURITY
FUNCTIONS.

(a) Repeal.--Section 12551 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1215 of such title is amended by
striking the item relating to section 12551.

Subtitle C--Education and Training

SEC. 521. INCREASE IN AUTHORIZED STRENGTHS FOR THE SERVICE
ACADEMIES.

(a) United States Military Academy.--Section 4342 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``4,000'' in the first
sentence and inserting ``4,400''; and
(2) in subsection (i), by striking ``variance in that
limitation'' and inserting ``variance above that
limitation''.
(b) United States Naval Academy.--Section 6954 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``4,000'' in the first
sentence and inserting ``4,400'; and
(2) in subsection (g), by striking ``variance in that
limitation'' and inserting ``variance above that
limitation''.
(c) United States Air Force Academy.--Section 9342 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``4,000'' in the first
sentence and inserting ``4,400''; and
(2) in subsection (i), by striking ``variance in that
limitation'' and inserting ``variance above that
limitation''.

[[Page H5498]]

Subtitle D--Decorations, Awards, and Commendations

SEC. 531. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.

(a) Waiver.--Any limitation established by law or policy
for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not
apply to awards of decorations described in this section, the
award of each such decoration having been determined by the
Secretary concerned to be warranted in accordance with
section 1130 of title 10, United States Code.
(b) Distinguished-Service Cross of the Army.--Subsection
(a) applies to the award of the Distinguished-Service Cross
of the Army as follows:
(1) To Henry Johnson of Albany, New York, for extraordinary
heroism in France during the period of May 13 to 15, 1918,
while serving as a member of the Army.
(2) To Hilliard Carter of Jackson, Mississippi, for
extraordinary heroism in actions near Troung Loung, Republic
of Vietnam, on September 28, 1966, while serving as a member
of the Army.
(3) To Albert C. Welch of Highland Ranch, Colorado, for
extraordinary heroism in actions in Ong Thanh, Binh Long
Province, Republic of Vietnam, on October 17, 1967, while
serving as a member of the Army.
(c) Distinguished Flying Cross of the Navy.--Subsection (a)
applies to the award of the Distinguished Flying Cross of the
Navy as follows:
(1) To Eduguardo Coppola of Falls Church, Virginia, for
extraordinary achievement while participating in aerial
flight during World War II, while serving as a member of the
Navy.
(2) To James Hoisington, Jr., of Stillman Valley, Illinois,
for extraordinary achievement while participating in aerial
flight during World War II, while serving as a member of the
Navy.
(3) To William M. Melvin of Lawrenceburg, Tennessee, for
extraordinary achievement while participating in aerial
flight during World War II, while serving as a member of the
Navy.
(4) To Vincent Urbank of Tom River, New Jersey, for
extraordinary achievement while participating in aerial
flight during World War II, while serving as a member of the
Navy.

SEC. 532. KOREA DEFENSE SERVICE MEDAL.

(a) Findings.--Congress makes the following findings:
(1) More than 40,000 members of the United States Armed
Forces have served on the Korean Peninsula each year since
the signing of the cease-fire agreement in July 1953 ending
the Korean War.
(2) An estimated 1,200 members of the United States Armed
Forces died as a direct result of their service in Korea
since the cease-fire agreement in July 1953.
(b) Army.--(1) Chapter 357 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec. 3755. Korea Defense Service Medal

``(a) The Secretary of the Army shall issue a campaign
medal, to be known as the Korea Defense Service Medal, to
each person who while a member of the Army served in the
Republic of Korea or the waters adjacent thereto during the
KDSM eligibility period and met the service requirements for
the award of that medal prescribed under subsection (c).
``(b) In this section, the term `KDSM eligibility period'
means the period beginning on July 28, 1954, and ending on
such date after the date of the enactment of this section as
may be determined by the Secretary of Defense to be
appropriate for terminating eligibility for the Korea Defense
Service Medal.
``(c) The Secretary of the Army shall prescribe service
requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent than
the service requirements for award of the Armed Forces
Expeditionary Medal for instances in which the award of that
medal is authorized.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``3755. Korea Defense Service Medal.''.
(c) Navy and Marine Corps.--(1) Chapter 567 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 6257. Korea Defense Service Medal

``(a) The Secretary of the Navy shall issue a campaign
medal, to be known as the Korea Defense Service Medal, to
each person who while a member of the Navy or Marine Corps
served in the Republic of Korea or the waters adjacent
thereto during the KDSM eligibility period and met the
service requirements for the award of that medal prescribed
under subsection (c).
``(b) In this section, the term `KDSM eligibility period'
means the period beginning on July 28, 1954, and ending on
such date after the date of the enactment of this section as
may be determined by the Secretary of Defense to be
appropriate for terminating eligibility for the Korea Defense
Service Medal.
``(c) The Secretary of the Navy shall prescribe service
requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent than
the service requirements for award of the Armed Forces
Expeditionary Medal for instances in which the award of that
medal is authorized.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``6257. Korea Defense Service Medal.''.
(d) Air Force.--(1) Chapter 857 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 8755. Korea Defense Service Medal

``(a) The Secretary of the Air Force shall issue a campaign
medal, to be known as the Korea Defense Service Medal, to
each person who while a member of the Air Force served in the
Republic of Korea or the waters adjacent thereto during the
KDSM eligibility period and met the service requirements for
the award of that medal prescribed under subsection (c).
``(b) In this section, the term `KDSM eligibility period'
means the period beginning on July 28, 1954, and ending on
such date after the date of the enactment of this section as
may be determined by the Secretary of Defense to be
appropriate for terminating eligibility for the Korea Defense
Service Medal.
``(c) The Secretary of the Air Force shall prescribe
service requirements for eligibility for the Korea Defense
Service Medal. Those requirements shall not be more stringent
than the service requirements for award of the Armed Forces
Expeditionary Medal for instances in which the award of that
medal is authorized.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``8755. Korea Defense Service Medal.''.
(e) Award for Service Before Date of Enactment.--The
Secretary of the military department concerned shall take
appropriate steps to provide in a timely manner for the
issuance of the Korea Defense Service Medal, upon application
therefor, to persons whose eligibility for that medal is by
reason of service in the Republic of Korea or the waters
adjacent thereto before the date of the enactment of this
Act.

Subtitle E--National Call to Service

SEC. 541. ENLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO
FACILITATE NATIONAL SERVICE.

(a) Authority.--(1) Chapter 5 of title 37, United States
Code, is amended by adding at the end the following new
section:

``Sec. 326. Enlistment incentives for pursuit of skills to
facilitate national service

``(a) Incentives Authorized.--The Secretary of Defense may
carry out a program in accordance with the provisions of this
section under which program a National Call to Service
participant described in subsection (b) shall be entitled to
an incentive specified in subsection (d).
``(b) National Call to Service Participant.--In this
section, the term `National Call to Service participant'
means a person who first enlists in the armed forces pursuant
to a written agreement (prescribed by the Secretary of the
military department concerned) under which agreement the
person shall--
``(1) upon completion of initial entry training (as
prescribed by the Secretary of Defense), serve on active duty
in the armed forces in a military occupational specialty
designated by the Secretary of Defense under subsection (c)
for a period of 15 months; and
``(2) upon completion of such service on active duty, and
without a break in service, serve the minimum period of
obligated service specified in the agreement under this
section--
``(A) on active duty in the armed forces;
``(B) in the Selected Reserve;
``(C) in the Individual Ready Reserve;
``(D) in the Peace Corps, Americorps, or another national
service program jointly designated by the Secretary of
Defense and the head of such program for purposes of this
section; or
``(E) in any combination of service referred to in
subparagraphs (A) through (D) that is approved by the
Secretary of the military department concerned pursuant to
regulations prescribed by the Secretary of Defense.
``(c) Designated Military Occupational Specialties.--The
Secretary of Defense shall designate military occupational
specialties for purposes of subsection (b)(1). Such military
occupational specialties shall be military occupational
specialties that will facilitate, as determined by the
Secretary, pursuit of national service by National Call to
Service participants during and after their completion of
duty or service under an agreement under subsection (b).
``(d) Incentives.--The incentives specified in this
subsection are as follows:
``(1) Payment of a bonus in the amount of $5,000.
``(2) Payment of outstanding principal and interest on
qualifying student loans of the National Call to Service
participant in an amount not to exceed $18,000.
``(3) Entitlement to an allowance for educational
assistance at the monthly rate equal to the monthly rate
payable for basic educational assistance allowances under
section 3015(a)(1) of title 38 for a total of 12 months.
``(4) Entitlement to an allowance for educational
assistance at the monthly rate equal to \2/3\ of the monthly
rate payable for basic educational assistance allowances
under section 3015(b)(1) of title 38 for a total of 36
months.
``(e) Election of Incentives.--A National Call to Service
participant shall elect in the agreement under subsection (b)
which incentive under subsection (d) to receive. An election
under this subsection is irrevocable.
``(f) Payment of Bonus Amounts.--(1) Payment to a National
Call to Service participant of the bonus elected by the
National Call to Service participant under subsection (d)(1)
shall be made in such time and manner as the Secretary of
Defense shall prescribe.
``(2)(A) Payment of outstanding principal and interest on
the qualifying student loans of a National Call to Service
participant, as elected under subsection (d)(2), shall be
made in such time and manner as the Secretary of Defense
shall prescribe.
``(B) Payment under this paragraph of the outstanding
principal and interest on the qualifying student loans of a
National Call to Service participant shall be made to the
holder of such student loans, as identified by the National
Call to Service participant to the Secretary of the military
department concerned for purposes of such payment.

[[Page H5499]]

``(3) Payment of a bonus or incentive in accordance with
this subsection shall be made by the Secretary of the
military department concerned.
``(g) Coordination With Montgomery GI Bill Benefits.--(1) A
National Call to Service participant who elects an incentive
under paragraph (3) or (4) of subsection (d) is not entitled
to educational assistance under chapter 1606 of title 10 or
basic educational assistance under subchapter II of chapter
30 of title 38.
``(2)(A) The Secretary of Defense shall, to the maximum
extent practicable, administer the receipt by National Call
to Service participants of incentives under paragraph (3) or
(4) of subsection (d) as if such National Call to Service
participants were, in receiving such incentives, receiving
educational assistance for members of the Selected Reserve
under chapter 1606 of title 10.
``(B) The Secretary of Defense shall, in consultation with
the Secretary of Veterans Affairs, prescribe regulations for
purposes of subparagraph (A). Such regulations shall, to the
maximum extent practicable, take into account the
administrative provisions of chapters 30 and 36 of title 38
that are specified in section 16136 of title 10.
``(3) Except as provided in paragraph (1), nothing in this
section shall prohibit a National Call to Service participant
who satisfies through service under subsection (b) the
eligibility requirements for educational assistance under
chapter 1606 of title 10 or basic educational assistance
under chapter 30 of title 38 from an entitlement to such
educational assistance under chapter 1606 of title 10 or
basic educational assistance under chapter 30 of title 38, as
the case may be.
``(h) Repayment.--(1) If a National Call to Service
participant who has entered into an agreement under
subsection (b) and received or benefited from an incentive
under subsection (d)(1) or (d)(2) fails to complete the total
period of service specified in such agreement, the National
Call to Service participant shall refund to the United States
the amount that bears the same ratio to the amount of the
incentive as the uncompleted part of such service bears to
the total period of such service.
``(2) Subject to paragraph (3), an obligation to reimburse
the United States imposed under paragraph (1) is for all
purposes a debt owed to the United States.
``(3) The Secretary concerned may waive, in whole or in
part, a reimbursement required under paragraph (1) if the
Secretary concerned determines that recovery would be against
equity and good conscience or would be contrary to the best
interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is
entered into less than 5 years after the termination of an
agreement entered into under subsection (b) does not
discharge the person signing the agreement from a debt
arising under the agreement or under paragraph (1).
``(i) Funding.--Amounts for payment of incentives under
subsection (d), including payment of allowances for
educational assistance under that subsection, shall be
derived from amounts available to the Secretary of the
military department concerned for payment of pay, allowances,
and other expenses of the members of the armed force
concerned.
``(j) Regulations.--The Secretary of Defense and the
Secretaries of the military departments shall prescribe
regulations for purposes of the program under this section.
``(k) Definitions.--In this section:
``(1) The term `Americorps' means the Americorps program
carried out under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) The term `qualifying student loan' means a loan, the
proceeds of which were used to pay the cost of attendance (as
defined in section 472 of the Higher Education Act of 1965
(20 U.S.C. 1087ll) at an institution of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
``(3) The term `Secretary of a military department'
includes the Secretary of Transportation, with respect to
matters concerning the Coast Guard when it is not operating
as a service in the Navy.''.
(2) The table of sections at the beginning of that chapter
is amended by inserting after the item relating to section
325 the following new item:

``326. Enlistment incentives for pursuit of skills to facilitate
national service.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2002. No individual entering
into an enlistment before that date may participate in the
program under section 326 of title 37, United States Code, as
added by that subsection.

SEC. 542. MILITARY RECRUITER ACCESS TO INSTITUTIONS OF HIGHER
EDUCATION.

(a) Access to Institutions of Higher Education.--Section
503 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Access to Institutions of Higher Education.--(1) Each
institution of higher education receiving assistance under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)--
``(A) shall provide to military recruiters the same access
to students at the institution as is provided generally to
prospective employers of those students; and
``(B) shall, upon a request made by military recruiters for
military recruiting purposes, provide access to the names,
addresses, and telephone listings of students at the
institution, notwithstanding section 444(a)(5)(B) of the
General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)).
``(2) An institution of higher education may not release a
student's name, address, and telephone listing under
paragraph (1)(B) without the prior written consent of the
student or the parent of the student (in the case of a
student under the age of 18) if the student, or a parent of
the student, as appropriate, has submitted a request to the
institution of higher education that the student's
information not be released for a purpose covered by that
subparagraph without prior written consent. Each institution
of higher education shall notify students and parents of the
rights provided under the preceding sentence.
``(3) In this subsection, the term `institution of higher
education' has the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).''.
(b) Notification.--The Secretary of Education shall provide
to institutions of higher education notice of the provisions
of subsection (d) of section 503 of title 10, United States
Code, as amended by subsection (a) of this section. Such
notice shall be provided not later than 120 days after the
date of the enactment of this Act, and shall be provided in
consultation with the Secretary of Defense.

Subtitle F--Other Matters

SEC. 551. BIENNIAL SURVEYS ON RACIAL, ETHNIC, AND GENDER
ISSUES.

(a) Division of Annual Survey Into Two Biennial Surveys.--
Section 481 of title 10, United States Code, is amended to
read as follows:

``Sec. 481. Racial, ethnic, and gender issues: biennial
surveys

``(a) In General.--The Secretary of Defense shall carry out
two separate biennial surveys in accordance with this section
to identify and assess racial, ethnic, and gender issues and
discrimination among members of the armed forces serving on
active duty and the extent (if any) of activity among such
members that may be seen as so-called `hate group' activity.
``(b) Biennial Survey on Racial and Ethnic Issues.--One of
the surveys conducted every two years under this section
shall solicit information on racial and ethnic issues and the
climate in the armed forces for forming professional
relationships among members of the armed forces of the
various racial and ethnic groups. The information solicited
shall include the following:
``(1) Indicators of positive and negative trends for
professional and personal relationships among members of all
racial and ethnic groups.
``(2) The effectiveness of Department of Defense policies
designed to improve relationships among all racial and ethnic
groups.
``(3) The effectiveness of current processes for complaints
on and investigations into racial and ethnic discrimination.
``(c) Biennial Survey on Gender Issues.--One of the surveys
conducted every two years under this section shall solicit
information on gender issues, including issues relating to
gender-based harassment and discrimination, and the climate
in the armed forces for forming professional relationships
between male and female members of the armed forces. The
information solicited shall include the following:
``(1) Indicators of positive and negative trends for
professional and personal relationships between male and
female members of the armed forces.
``(2) The effectiveness of Department of Defense policies
designed to improve professional relationships between male
and female members of the armed forces.
``(3) The effectiveness of current processes for complaints
on and investigations into gender-based discrimination.
``(d) Surveys To Alternate Every Year.--The biennial survey
under subsection (b) shall be conducted in odd-numbered
years. The biennial survey under subsection (c) shall be
conducted in even-numbered years.
``(e) Implementing Entity.--The Secretary shall carry out
the biennial surveys through entities in the Department of
Defense as follows:
``(1) The biennial review under subsection (b), through the
Armed Forces Survey on Racial and Ethnic Issues.
``(2) The biennial review under subsection (c), through the
Armed Forces Survey on Gender Issues.
``(f) Reports to Congress.--Upon the completion of a
biennial survey under this section, the Secretary shall
submit to Congress a report containing the results of the
survey.
``(g) Inapplicability to Coast Guard.--The requirements for
surveys under this section do not apply to the Coast
Guard.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 23 of
such title is amended to read as follows:

``481. Racial, ethnic, and gender issues: biennial surveys.''.

SEC. 552. LEAVE REQUIRED TO BE TAKEN PENDING REVIEW OF A
RECOMMENDATION FOR REMOVAL BY A BOARD OF
INQUIRY.

(a) Requirement.--Section 1182(c) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) Under regulations prescribed by the Secretary
concerned, an officer referred to in paragraph (1) may be
required to take leave pending the completion of the action
under this chapter in the case of that officer. The officer
may be required to begin such leave at any time following the
officer's receipt of the report of the board of inquiry,
including the board's recommendation for removal from active
duty, and the expiration of any period allowed for submission
by the officer of a rebuttal to that report. The leave may be
continued until the date on which action by the Secretary
concerned under this chapter is completed in the case of the
officer or may be terminated at any earlier time.''.

[[Page H5500]]

(b) Payment for Mandatory Excess Leave Upon Disapproval of
Certain Involuntary Separation Recommendations.--Chapter 40
of such title is amended by inserting after section 707 the
following new section:

``Sec. 707a. Payment upon disapproval of certain board of
inquiry recommendations for excess leave required to be
taken

``(a) An officer--
``(1) who is required to take leave under section
1182(c)(2) of this title, any period of which is charged as
excess leave under section 706(a) of this title, and
``(2) whose recommendation for removal from active duty in
a report of a board of inquiry is not approved by the
Secretary concerned under section 1184 of this title,
shall be paid, as provided in subsection (b), for the period
of leave charged as excess leave.
``(b)(1) An officer entitled to be paid under this section
shall be deemed, for purposes of this section, to have
accrued pay and allowances for each day of leave required to
be taken under section 1182(c)(2) of this title that is
charged as excess leave (except any day of accrued leave for
which the officer has been paid under section 706(b)(1) of
this title and which has been charged as excess leave).
``(2) The officer shall be paid the amount of pay and
allowances that is deemed to have accrued to the officer
under paragraph (1), reduced by the total amount of his
income from wages, salaries, tips, other personal service
income, unemployment compensation, and public assistance
benefits from any Government agency during the period the
officer is deemed to have accrued pay and allowances. Except
as provided in paragraph (3), such payment shall be made
within 60 days after the date on which the Secretary
concerned decides not to remove the officer from active duty.
``(3) If an officer is entitled to be paid under this
section, but fails to provide sufficient information in a
timely manner regarding the officer's income when such
information is requested under regulations prescribed under
subsection (c), the period of time prescribed in paragraph
(2) shall be extended until 30 days after the date on which
the member provides the information requested.
``(c) This section shall be administered under uniform
regulations prescribed by the Secretaries concerned. The
regulations may provide for the method of determining an
officer's income during any period the officer is deemed to
have accrued pay and allowances, including a requirement that
the officer provide income tax returns and other
documentation to verify the amount of the officer's
income.''.
(c) Conforming Amendments.--(1) Section 706 of such title
is amended by inserting ``or 1182(c)(2)'' after ``section
876a'' in subsections (a), (b), and (c).
(2) The heading for such section is amended to read as
follows:

``Sec. 706. Administration of required leave''.

(d) Clerical Amendments.--The table of sections at the
beginning of chapter 40 of title 10, United States Code, is
amended--
(1) by striking the item relating to section 706 and
inserting the following:

``706. Administration of required leave.'';
and
(2) by inserting after the item relating to section 707 the
following new item:

``707a. Payment upon disapproval of certain board of inquiry
recommendations for excess leave required to be taken.''.

SEC. 553. STIPEND FOR PARTICIPATION IN FUNERAL HONORS
DETAILS.

Section 1491(d) of title 10, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(A) For a participant in the funeral honors detail who is
a member or former member of the armed forces in a retired
status or is not a member of the armed forces (other than a
former member in a retired status) and not an employee of the
United States, either--
``(i) transportation; or
``(ii) a daily stipend prescribed annually by the Secretary
of Defense at a single rate that is designed to defray the
costs for transportation and other expenses incurred by the
participant in connection with participation in the funeral
honors detail.'';
(2) by inserting ``(1)'' after ``(d) Support.--'';
(3) by redesignating paragraph (2) as subparagraph (B);
(4) in subparagraph (B), as so redesignated, by inserting
``members of the armed forces in a retired status and'' after
``training for''; and
(5) by adding at the end the following:
``(2) A stipend paid under paragraph (1)(A) to a member or
former member of the armed forces in a retired status shall
be in addition to any other compensation to which the retired
member may be entitled.''.

SEC. 554. WEAR OF ABAYAS BY FEMALE MEMBERS OF THE ARMED
FORCES IN SAUDI ARABIA.

(a) Prohibitions Relating to Wear of Abayas.--No member of
the Armed Forces having authority over a member of the Armed
Forces and no officer or employee of the United States having
authority over a member of the Armed Forces may--
(1) require or encourage that member to wear the abaya
garment or any part of the abaya garment while the member is
in the Kingdom of Saudi Arabia pursuant to a permanent change
of station or orders for temporary duty; or
(2) take any adverse action, whether formal or informal,
against the member for choosing not to wear the abaya garment
or any part of the abaya garment while the member is in the
Kingdom of Saudi Arabia pursuant to a permanent change of
station or orders for temporary duty.
(b) Instruction.--(1) The Secretary of Defense shall
provide each female member of the Armed Forces ordered to a
permanent change of station or temporary duty in the Kingdom
of Saudi Arabia with instructions regarding the prohibitions
in subsection (a) immediately upon the arrival of the member
at a United States military installation within the Kingdom
of Saudi Arabia. The instructions shall be presented orally
and in writing. The written instruction shall include the
full text of this section.
(2) In carrying out paragraph (1), the Secretary shall act
through the Commander in Chief, United States Central Command
and Joint Task Force Southwest Asia, and the commanders of
the Army, Navy, Air Force, and Marine Corps components of the
United States Central Command and Joint Task Force Southwest
Asia.
(c) Prohibition on Use of Funds for Procurement of
Abayas.--Funds appropriated or otherwise made available to
the Department of Defense may not be used to procure abayas
for regular or routine issuance to members of the Armed
Forces serving in the Kingdom of Saudi Arabia or for any
personnel of contractors accompanying the Armed Forces in the
Kingdom of Saudi Arabia in the performance of contracts
entered into with such contractors by the United States.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2003.

(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2003 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2003,
the rates of monthly basic pay for members of the uniformed
services within each pay grade are as follows:

COMMISSIONED OFFICERS \1\
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
O-10 \2\.................................... $0.00 $0.00 $0.00 $0.00 $0.00
O-9......................................... 0.00 0.00 0.00 0.00 0.00
O-8......................................... 7,474.50 7,719.30 7,881.60 7,927.20 8,129.40
O-7......................................... 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90
O-6......................................... 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60
O-5......................................... 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80
O-4......................................... 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00
O-3 \3\..................................... 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50
O-2 \3\..................................... 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20
O-1 \3\..................................... 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80
-------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------------------
O-10 \2\.................................... $0.00 $0.00 $0.00 $0.00 $0.00
O-9......................................... 0.00 0.00 0.00 0.00 0.00
O-8......................................... 8,468.70 8,547.30 8,868.90 8,961.30 9,238.20
O-7......................................... 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70
O-6......................................... 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30
O-5......................................... 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90
O-4......................................... 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10
O-3 \3\..................................... 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10

[[Page H5501]]

O-2 \3\..................................... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1 \3\..................................... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
-------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------------------
O-10 \2\.................................... $0.00 $12,077.70 $12,137.10 $12,389.40 $12,829.20
O-9......................................... 0.00 10,563.60 10,715.70 10,935.60 11,319.60
O-8......................................... 9,639.00 10,008.90 10,255.80 10,255.80 10,255.80
O-7......................................... 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90
O-6......................................... 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90
O-5......................................... 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60
O-4......................................... 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40
O-3 \3\..................................... 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10
O-2 \3\..................................... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1 \3\..................................... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned
officers in pay grades O-7 through O-10 may not exceed the rate of pay for level III of the Executive Schedule
and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the
Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the
Marine Corps, or Commandant of the Coast Guard, the rate of basic pay for this grade is $14,155.50, regardless
of cumulative years of service computed under section 205 of title 37, United States Code.
\3\ This table does not apply to commissioned officers in pay grade O-1, O-2, or O-3 who have been credited with
over 4 years of active duty service as an enlisted member or warrant officer.

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
O-3E................................................ $0.00 $0.00 $0.00 $3,883.50 $4,069.50
O-2E................................................ 0.00 0.00 0.00 3,410.70 3,481.20
O-1E................................................ 0.00 0.00 0.00 2,746.80 2,933.70
-----------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-----------------------------------------------------------
O-3E................................................ $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00
O-2E................................................ 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10
O-1E................................................ 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70
-----------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-----------------------------------------------------------
O-3E................................................ $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40
O-2E................................................ 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10
O-1E................................................ 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70
----------------------------------------------------------------------------------------------------------------

WARRANT OFFICERS \1\
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
W-5................................................. $0.00 $0.00 $0.00 $0.00 $0.00
W-4................................................. 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10
W-3................................................. 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00
W-2................................................. 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30
W-1................................................. 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50
-----------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-----------------------------------------------------------
W-5................................................. $0.00 $0.00 $0.00 $0.00 $0.00
W-4................................................. 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00
W-3................................................. 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60
W-2................................................. 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90
W-1................................................. 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40
-----------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-----------------------------------------------------------
W-5................................................. $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30
W-4................................................. 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50
W-3................................................. 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00
W-2................................................. 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30
W-1................................................. 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant
officers may not exceed the rate of pay for level V of the Executive Schedule.

ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
E-9 \2\..................................... $0.00 $0.00 $0.00 $0.00 $0.00
E-8......................................... 0.00 0.00 0.00 0.00 0.00
E-7......................................... 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40
E-6......................................... 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10
E-5......................................... 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00
E-4......................................... 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00
E-3......................................... 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80
E-2......................................... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1 \3\..................................... 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
-------------------------------------------------------------------

[[Page H5502]]

Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------------------
E-9 \2\..................................... $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00
E-8......................................... 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00
E-7......................................... 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30
E-6......................................... 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10
E-5......................................... 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30
E-4......................................... 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00
E-3......................................... 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80
E-2......................................... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1 \3\..................................... 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
-------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------------------
E-9 \2\..................................... $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40
E-8......................................... 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20
E-7......................................... 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40
E-6......................................... 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60
E-5......................................... 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30
E-4......................................... 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00
E-3......................................... 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80
E-2......................................... 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1 \3\..................................... 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted
members may not exceed the rate of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer
of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty
Officer of the Coast Guard, the rate of basic pay for this grade is $5,732.70, regardless of cumulative years
of service computed under section 205 of title 37, United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4 months on active duty, the rate of basic
pay is $1,064.70.

SEC. 602. RATE OF BASIC ALLOWANCE FOR SUBSISTENCE FOR
ENLISTED PERSONNEL OCCUPYING SINGLE GOVERNMENT
QUARTERS WITHOUT ADEQUATE AVAILABILITY OF
MEALS.

(a) Authority To Pay Increased Rate.--Section 402(d) of
title 37, United States Code, is amended to read as follows:
``(d) Special Rate for Enlisted Members Occupying Single
Quarters Without Adequate Availability of Meals.--The
Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a
service in the Navy, may pay an enlisted member the basic
allowance for subsistence under this section at a monthly
rate that is twice the amount in effect under subsection
(b)(2) while--
``(1) the member is assigned to single Government quarters
which have no adequate food storage or preparation facility
in the quarters; and
``(2) there is no Government messing facility serving those
quarters that is capable of making meals available to the
occupants of the quarters.''.
(b) Effective Date.--Subsection (a) and the amendment made
by such subsection shall take effect on October 1, 2002.

SEC. 603. BASIC ALLOWANCE FOR HOUSING IN CASES OF LOW-COST OR
NO-COST MOVES.

Section 403 of title 37, United States Code, is amended--
(1) by transferring paragraph (7) of subsection (b) to the
end of the section; and
(2) in such paragraph--
(A) by striking ``(7)'' and all that follows through
``circumstances of which make it necessary that the member
be'' and inserting ``(o) Treatment of Low-Cost and No-Cost
Moves as Not Being Reassignments.--In the case of a member
who is assigned to duty at a location or under circumstances
that make it necessary for the member to be''; and
(B) by inserting ``for the purposes of this section'' after
``may be treated''.

SEC. 604. TEMPORARY AUTHORITY FOR HIGHER RATES OF PARTIAL
BASIC ALLOWANCE FOR HOUSING FOR CERTAIN MEMBERS
ASSIGNED TO HOUSING UNDER ALTERNATIVE AUTHORITY
FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.

(a) Authority.--The Secretary of Defense may prescribe and,
under section 403(n) of title 37, United States Code, pay for
members of the Armed Forces (without dependents) in
privatized housing higher rates of partial basic allowance
for housing than those that are authorized under paragraph
(2) of such section 403(n).
(b) Members in Privatized Housing.--For the purposes of
this section, a member of the Armed Forces (without
dependents) is a member of the Armed Forces (without
dependents) in privatized housing while the member is
assigned to housing that is acquired or constructed under the
authority of subchapter IV of chapter 169 of title 10, United
States Code.
(c) Treatment of Housing as Government Quarters.--For
purposes of section 403 of title 37, United States Code, a
member of the Armed Forces (without dependents) in privatized
housing shall be treated as residing in quarters of the
United States or a housing facility under the jurisdiction of
the Secretary of a military department while a higher rate of
partial allowance for housing is paid for the member under
this section.
(d) Payment to Private Source.--The partial basic allowance
for housing paid for a member at a higher rate under this
section may be paid directly to the private sector source of
the housing to whom the member is obligated to pay rent or
other charge for residing in such housing if the private
sector source credits the amount so paid against the amount
owed by the member for the rent or other charge.
(e) Termination of Authority.--Rates prescribed under
subsection (a) may not be paid under the authority of this
section in connection with contracts that are entered into
after December 31, 2007, for the construction or acquisition
of housing under the authority of subchapter IV of chapter
169 of title 10, United States Code.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

(a) Selected Reserve Reenlistment Bonus.--Section 308b(f )
of title 37, United States Code, is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(c) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
(d) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(e) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.
(f) Prior Service Enlistment Bonus.--Section 308i(f ) of
such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE
PROFESSIONALS.

(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2002'' and inserting ``December 31,
2003''.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of such title is amended by striking ``January 1,
2003'' and inserting ``January 1, 2004''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2002'' and inserting ``December 31,
2003''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December
31, 2002'' and inserting ``December 31, 2003''.
(e) Special Pay for Selected Reserve Health Professionals
in Critically Short Wartime Specialties.--Section 302g(f ) of
such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(f) Accession Bonus for Dental Officers.--Section
302h(a)(1) of such title is amended by striking ``December
31, 2002'' and inserting ``December 31, 2003''.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.

[[Page H5503]]

``December 31, 2002'' and inserting ``December 31, 2003''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.

SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.

(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of
such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(d) Retention Bonus for Members With Critical Military
Skills.--Section 323(i) of such title is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.
(e) Accession Bonus for New Officers in Critical Skills.--
Section 324(g) of such title is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.

SEC. 615. INCREASED MAXIMUM AMOUNT PAYABLE AS MULTIYEAR
RETENTION BONUS FOR MEDICAL OFFICERS OF THE
ARMED FORCES.

Section 301d(a)(2) of title 37, United States Code, is
amended by striking ``$14,000'' and inserting ``$25,000''.

SEC. 616. INCREASED MAXIMUM AMOUNT PAYABLE AS INCENTIVE
SPECIAL PAY FOR MEDICAL OFFICERS OF THE ARMED
FORCES.

Section 302(b)(1) of title 37, United States Code, is
amended--
(1) by striking ``fiscal year 1992, and'' in the second
sentence and inserting ``fiscal year 1992,''; and
(2) by inserting before the period at the end of such
sentence the following: ``and before fiscal year 2003, and
$50,000 for any twelve-month period beginning after fiscal
year 2002''.

SEC. 617. ASSIGNMENT INCENTIVE PAY.

(a) Authority.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 305a the
following new section:

``Sec. 305b. Special pay: assignment incentive pay

``(a) Authority.--The Secretary concerned, with the
concurrence of the Secretary of Defense, may pay monthly
incentive pay under this section to a member of a uniformed
service for a period that the member performs service, while
entitled to basic pay, in an assignment that is designated by
the Secretary concerned.
``(b) Maximum Rate.--The maximum monthly rate of incentive
pay payable to a member under this section is $1,500.
``(c) Relationship to Other Pay and Allowances.--Incentive
pay paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled.
``(d) Status Not Affected by Temporary Duty or Leave.--The
service of a member in an assignment referred to in
subsection (a) shall not be considered discontinued during
any period that the member is not performing service in such
assignment by reason of temporary duty performed by the
member pursuant to orders or absence of the member for
authorized leave.
``(e) Termination of Authority.--No assignment incentive
pay may be paid under this section for months beginning more
than three years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2003.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
305a the following new item:

``305b. Special pay: assignment incentive pay.''.
(b) Annual Report.--Not later than February 28 of each of
2004 and 2005, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the administration of the
authority under section 305b of title 37, United States Code,
as added by subsection (a). The report shall include an
assessment of the utility of that authority.

SEC. 618. INCREASED MAXIMUM AMOUNTS FOR PRIOR SERVICE
ENLISTMENT BONUS.

Section 308i(b)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``$5,000'' and
inserting ``$8,000'';
(2) in subparagraph (B), by striking ``$2,500'' and
inserting ``$4,000''; and
(3) in subparagraph (C), by striking ``$2,000'' and
inserting ``$3,500''.

Subtitle C--Travel and Transportation Allowances

SEC. 631. DEFERRAL OF TRAVEL IN CONNECTION WITH LEAVE BETWEEN
CONSECUTIVE OVERSEAS TOURS.

(a) Date to Which Travel May Be Deferred.--Section
411b(a)(2) of title 37, United States Code, is amended by
striking ``not more than one year'' in the first sentence and
all that follows through ``operation ends.'' in the second
sentence and inserting the following: ``the date on which the
member departs the duty station in termination of the
consecutive tour of duty at that duty station or reports to
another duty station under the order involved, as the case
may be.''.
(b) Effective Date and Savings Provision.--(1) The
amendment made by subsection (a) shall take effect on October
1, 2002.
(2) Section 411b(a) of title 37, United States Code, as in
effect on September 30, 2002, shall continue to apply with
respect to travel described in subsection (a)(2) of such
title (as in effect on such date) that commences before
October 1, 2002.

SEC. 632. TRANSPORTATION OF MOTOR VEHICLES FOR MEMBERS
REPORTED MISSING.

(a) Authority To Ship Two Motor Vehicles.--Subsection (a)
of section 554 of title 37, United States Code, is amended by
striking ``one privately owned motor vehicle'' both places it
appears and inserting ``two privately owned motor vehicles''.
(b) Payments for Late Delivery.--Subsection (i) of such
section is amended by adding at the end the following: ``In a
case in which two motor vehicles of a member (or the
dependent or dependents of a member) are transported at the
expense of the United States, no reimbursement is payable
under this subsection unless both motor vehicles do not
arrive at the authorized destination of the vehicles by the
designated delivery date.''.
(c) Applicability.--The amendments made by subsection (a)
shall apply with respect to members whose eligibility for
benefits under section 554 of title 37, United States Code,
commences on or after the date of the enactment of this Act.

SEC. 633. DESTINATIONS AUTHORIZED FOR GOVERNMENT PAID
TRANSPORTATION OF ENLISTED PERSONNEL FOR REST
AND RECUPERATION UPON EXTENDING DUTY AT
DESIGNATED OVERSEAS LOCATIONS.

Section 705(b)(2) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, or to an alternative destination at a cost not
to exceed the cost of the round-trip transportation from the
location of the extended tour of duty to such nearest port
and return''.

SEC. 634. VEHICLE STORAGE IN LIEU OF TRANSPORTATION TO
CERTAIN AREAS OF THE UNITED STATES OUTSIDE
CONTINENTAL UNITED STATES.

Section 2634(b) of title 10, United States Code, is
amended:
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In lieu of transportation authorized by this section,
if a member is ordered to make a change of permanent station
to Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands,
Guam, or any territory or possession of the United States and
laws, regulations, or other restrictions preclude
transportation of a motor vehicle described in subsection (a)
to the new station, the member may elect to have the vehicle
stored at the expense of the United States at a location
approved by the Secretary concerned.''.

Subtitle D--Retirement and Survivor Benefit Matters

SEC. 641. PAYMENT OF RETIRED PAY AND COMPENSATION TO DISABLED
MILITARY RETIREES.

(a) In General.--Section 1414 of title 10, United States
Code, is amended to read as follows:

``Sec. 1414. Members eligible for retired pay who have
service-connected disabilities: payment of retired pay and
veterans' disability compensation

``(a) Payment of Both Retired Pay and Compensation.--Except
as provided in subsection (b), a member or former member of
the uniformed services who is entitled to retired pay (other
than as specified in subsection (c)) and who is also entitled
to veterans' disability compensation is entitled to be paid
both without regard to sections 5304 and 5305 of title 38.
``(b) Special Rule for Chapter 61 Career Retirees.--The
retired pay of a member retired under chapter 61 of this
title with 20 years or more of service otherwise creditable
under section 1405 of this title at the time of the member's
retirement is subject to reduction under sections 5304 and
5305 of title 38, but only to the extent that the amount of
the member's retired pay under chapter 61 of this title
exceeds the amount of retired pay to which the member would
have been entitled under any other provision of law based
upon the member's service in the uniformed services if the
member had not been retired under chapter 61 of this title.
``(c) Exception.--Subsection (a) does not apply to a member
retired under chapter 61 of this title with less than 20
years of service otherwise creditable under section 1405 of
this title at the time of the member's retirement.
``(d) Definitions.--In this section:
``(1) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.
``(2) The term `veterans' disability compensation' has the
meaning given the term `compensation' in section 101(13) of
title 38.''.
(b) Repeal of Special Compensation Program.--Section 1413
of such title is repealed.
(c) Conforming Amendment.--Section 641(d) of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1150; 10 U.S.C. 1414 note) is repealed.
(d) Clerical Amendments.--The table of sections at the
beginning of chapter 71 of title 10, United States Code, is
amended by striking the items relating to sections 1413 and
1414 and inserting the following new item:

``1414. Members eligible for retired pay who have service-connected
disabilities: payment of retired pay and veterans'
disability compensation.''.
(e) Effective Date.--The amendments made by this section
shall take effect on--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted, if later than the
date specified in paragraph (1).
(f) Prohibition on Retroactive Benefits.--No benefits may
be paid to any person by reason of section 1414 of title 10,
United States Code, as amended by subsection (a), for any
period before the effective date specified in subsection (e).

[[Page H5504]]

SEC. 642. INCREASED RETIRED PAY FOR ENLISTED RESERVES
CREDITED WITH EXTRAORDINARY HEROISM.

(a) Authority.--Section 12739 of title 10, United States
Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) If an enlisted member retired under section 12731 of
this title has been credited by the Secretary concerned with
extraordinary heroism in the line of duty, the member's
retired pay shall be increased by 10 percent of the amount
determined under subsection (a). The Secretary's
determination as to extraordinary heroism is conclusive for
all purposes.''; and
(3) in subsection (c), as redesignated by paragraph (1), by
striking ``amount computed under subsection (a),'' and
inserting ``total amount of the monthly retired pay computed
under subsections (a) and (b)''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2002, and shall apply with
respect to retired pay for months beginning on or after that
date.

SEC. 643. EXPANDED SCOPE OF AUTHORITY TO WAIVE TIME
LIMITATIONS ON CLAIMS FOR MILITARY PERSONNEL
BENEFITS.

(a) Authority.--Section 3702(e)(1) of title 31, United
States Code, is amended by striking ``a claim for pay,
allowances, or payment for unused accrued leave under title
37 or a claim for retired pay under title 10'' and inserting
``a claim referred to in subsection (a)(1)(A)''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to claims presented to the Secretary
of Defense under section 3702 of title 31, United States
Code, on or after the date of the enactment of this Act.

Subtitle E--Other Matters

SEC. 651. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR
FAMILIES OF MEMBERS OF THE ARMED FORCES.

(a) Authority.--(1) Subchapter I of chapter 88 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 1788. Additional family assistance

``(a) Authority.--The Secretary of Defense may provide for
the families of members of the armed forces serving on active
duty, in addition to any other assistance available for such
families, any assistance that the Secretary considers
appropriate to ensure that the children of such members
obtain needed child care, education, and other youth
services.
``(b) Primary Purpose of Assistance.--The assistance
authorized by this section should be directed primarily
toward providing needed family support, including child care,
education, and other youth services, for children of members
of the Armed Forces who are deployed, assigned to duty, or
ordered to active duty in connection with a contingency
operation.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:

``1788. Additional family assistance.''.
(b) Effective Date.--Section 1788 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2002.

SEC. 652. TIME LIMITATION FOR USE OF MONTGOMERY GI BILL
ENTITLEMENT BY MEMBERS OF THE SELECTED RESERVE.

(a) Extension of Limitation Period.--Section 16133(a)(1) of
title 10, United States Code, is amended by striking ``10-
year'' and inserting ``14-year''.
(b) Effective Date and Applicability.--The amendment made
by subsection (a) shall take effect on October 1, 2002, and
shall apply with respect to periods of entitlement to
educational assistance under chapter 1606 of title 10, United
States Code, that begin on or after October 1, 1992.

SEC. 653. STATUS OF OBLIGATION TO REFUND EDUCATIONAL
ASSISTANCE UPON FAILURE TO PARTICIPATE
SATISFACTORILY IN SELECTED RESERVE.

Section 16135 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(c)(1) An obligation to pay a refund to the United States
under subsection (a)(1)(B) in an amount determined under
subsection (b) is, for all purposes, a debt owed to the
United States.
``(2) A discharge in bankruptcy under title 11 that is
entered for a person less than five years after the
termination of the person's enlistment or other service
described in subsection (a) does not discharge the person
from a debt arising under this section with respect to that
enlistment or other service.''.

SEC. 654. PROHIBITION ON ACCEPTANCE OF HONORARIA BY PERSONNEL
AT CERTAIN DEPARTMENT OF DEFENSE SCHOOLS.

(a) Repeal of Exemption.--Section 542 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2413; 10 U.S.C. prec. 2161 note) is
repealed.
(b) Effective Date and Applicability.--The amendment made
by subsection (a) shall take effect on October 1, 2002, and
shall apply with respect to appearances made, speeches
presented, and articles published on or after that date.

SEC. 655. RATE OF EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI
BILL OF DEPENDENTS TRANSFERRED ENTITLEMENT BY
MEMBERS OF THE ARMED FORCES WITH CRITICAL
SKILLS.

(a) Clarification.--Section 3020(h) of title 38, United
States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``paragraphs (4) and (5)'' and inserting
``paragraphs (5) and (6)''; and
(B) by striking ``and at the same rate'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) Subject to subparagraph (B), the monthly rate of
educational assistance payable to a dependent to whom
entitlement is transferred under this section shall be the
monthly amount payable under sections 3015 and 3022 of this
title to the individual making the transfer.
``(B) The monthly rate of assistance payable to a dependent
under subparagraph (A) shall be subject to the provisions of
section 3032 of this title, except that the provisions of
subsection (a)(1) of that section shall not apply even if the
individual making the transfer to the dependent under this
section is on active duty during all or any part of
enrollment period of the dependent in which such entitlement
is used.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107), to which such amendments relate.

SEC. 656. PAYMENT OF INTEREST ON STUDENT LOANS.

(a) Authority.--(1) Chapter 109 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2174. Interest payment program: members on active duty

``(a) Authority.--(1) The Secretary concerned may pay in
accordance with this section the interest and any special
allowances that accrue on one or more student loans of an
eligible member of the armed forces.
``(2) The Secretary of a military department may exercise
the authority under paragraph (1) only if approved by the
Secretary of Defense and subject to such requirements,
conditions, and restrictions as the Secretary of Defense may
prescribe.
``(b) Eligible Personnel.--A member of the armed forces is
eligible for the benefit under subsection (a) while the
member--
``(1) is serving on active duty in fulfillment of the
member's first enlistment in the armed forces or, in the case
of an officer, is serving on active duty and has not
completed more than three years of service on active duty;
``(2) is the debtor on one or more unpaid loans described
in subsection (c); and
``(3) is not in default on any such loan.
``(c) Student Loans.--The authority to make payments under
subsection (a) may be exercised with respect to the following
loans:
``(1) A loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.).
``(2) A loan made under part D of such title (20 U.S.C.
1087a et seq.).
``(3) A loan made under part E of such title (20 U.S.C.
1087aa et seq.).
``(d) Maximum Benefit.--The months for which interest and
any special allowance may be paid on behalf of a member of
the armed forces under this section are any 36 consecutive
months during which the member is eligible under subsection
(b).
``(e) Funds for Payments.--Appropriations available for the
pay and allowances of military personnel shall be available
for payments under this section.
``(f) Coordination.--(1) The Secretary of Defense and, with
respect to the Coast Guard when it is not operating as a
service in the Navy, the Secretary of Transportation shall
consult with the Secretary of Education regarding the
administration of the authority under this section.
``(2) The Secretary concerned shall transfer to the
Secretary of Education the funds necessary--
``(A) to pay interest and special allowances on student
loans under this section (in accordance with sections 428(o)
and 464(j) of the Higher Education Act of 1965 (20 U.S.C.
1078(o) and 1087dd(j)); and
``(B) to reimburse the Secretary of Education for any
reasonable administrative costs incurred by the Secretary in
coordinating the program under this section with the
administration of the student loan programs under parts B, D,
and E of title IV of the Higher Education Act of 1965.
``(g) Special Allowance Defined.--In this section, the term
`special allowance' means a special allowance that is payable
under section 438 of the Higher Education Act of 1965 (20
U.S.C. 1087-1).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``2174. Interest payment program: members on active duty.''.
(b) Federal Family Education Loans and Direct Loans.--(1)
Subsection (c)(3) of section 428 of the Higher Education Act
of 1965 (20 U.S.C. 1078) is amended--
(A) in clause (i) of subparagraph (A)--
(i) by striking ``or'' at the end of subclause (II);
(ii) by inserting ``or'' at the end of subclause (III); and
(iii) by adding at the end the following new subclause:

``(IV) is eligible for interest payments to be made on such
loan for service in the Armed Forces under section 2174 of
title 10, United States Code, and, pursuant to that
eligibility, the interest is being paid on such loan under
subsection (o);'';

(B) in clause (ii)(II) of subparagraph (A), by inserting
``or (i)(IV)'' after ``clause (i)(II)''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) shall contain provisions that specify that--
``(i) the form of forbearance granted by the lender
pursuant to this paragraph, other than subparagraph
(A)(i)(IV), shall be temporary cessation of payments, unless
the borrower selects

[[Page H5505]]

forbearance in the form of an extension of time for making
payments, or smaller payments than were previously scheduled;
and
``(ii) the form of forbearance granted by the lender
pursuant to subparagraph (A)(i)(IV) shall be the temporary
cessation of all payments on the loan other than payments of
interest on the loan, and payments of any special allowance
payable with respect to the loan under section 438 of this
Act, that are made under subsection (o); and''.
(2) Section 428 of such Act is further amended by adding at
the end the following new subsection:
``(o) Armed Forces Student Loan Interest Payment Program.--
``(1) Authority.--Using funds received by transfer to the
Secretary under section 2174 of title 10, United States Code,
for the payment of interest and any special allowance on a
loan to a member of the Armed Forces that is made, insured,
or guaranteed under this part, the Secretary shall pay the
interest and special allowance on such loan as due for a
period not in excess of 36 consecutive months. The Secretary
may not pay interest or any special allowance on such a loan
out of any funds other than funds that have been so
transferred.
``(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph (1),
the lender shall grant the borrower forbearance in accordance
with the guaranty agreement under subsection
(c)(3)(A)(i)(IV).
``(3) Special allowance defined.--For the purposes of this
subsection, the term `special allowance', means a special
allowance that is payable with respect to a loan under
section 438 of this Act.''.
(c) Federal Perkins Loans.--Section 464 of the Higher
Education Act of 1965 (20 U.S.C. 1087dd) is amended--
(1) in subsection (e)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(3) the borrower is eligible for interest payments to be
made on such loan for service in the Armed Forces under
section 2174 of title 10, United States Code, and, pursuant
to that eligibility, the interest on such loan is being paid
under subsection (j), except that the form of a forbearance
under this paragraph shall be a temporary cessation of all
payments on the loan other than payments of interest on the
loan that are made under subsection (j).''; and
(2) by adding at the end the following new subsection:
``(j) Armed Forces Student Loan Interest Payment Program.--
``(1) Authority.--Using funds received by transfer to the
Secretary under section 2174 of title 10, United States Code,
for the payment of interest on a loan made under this part to
a member of the Armed Forces, the Secretary shall pay the
interest on the loan as due for a period not in excess of 36
consecutive months. The Secretary may not pay interest on
such a loan out of any funds other than funds that have been
so transferred.
``(2) Forbearance.--During the period in which the
Secretary is making payments on a loan under paragraph (1),
the institution of higher education shall grant the borrower
forbearance in accordance with subsection (e)(3).''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to interest, and any special
allowance under section 438 of the Higher Education Act of
1965, that accrue for months beginning on or after October 1,
2003, on student loans described in subsection (c) of section
2174 of title 10, United States Code (as added by subsection
(a)), that were made before, on, or after such date to
members of the Armed Forces who are on active duty (as
defined in section 101(d) of title 10, United States Code) on
or after that date.

SEC. 657. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF
NAVY AND MARINE CORPS SELECTED FOR PROMOTION
WHILE INTERNED AS PRISONERS OF WAR DURING WORLD
WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER
PRICE INDEX.

(a) Modification.--Section 667(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-170)
is amended by adding at the end the following new paragraph:
``(3) The amount determined for a person under paragraph
(1) shall be increased to reflect increases in cost of living
since the basic pay referred to in paragraph (1)(B) was paid
to or for that person, calculated on the basis of the
Consumer Price Index (all items--United States city average)
published monthly by the Bureau of Labor Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any
payment of back pay made to or for a person under section 667
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 before the date of the enactment of this
Act, the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the person
is entitled by reason of the amendment made by subsection
(a); and
(2) if the amount of back pay, as so recalculated, exceeds
the amount of back pay so paid, pay the person, or the
surviving spouse of the person, an amount equal to the
excess.

TITLE VII--HEALTH CARE

SEC. 701. ELIGIBILITY OF SURVIVING DEPENDENTS FOR TRICARE
DENTAL PROGRAM BENEFITS AFTER DISCONTINUANCE OF
FORMER ENROLLMENT.

Section 1076a(k)(2) of title 10, United States Code, is
amended by striking ``if the dependent is enrolled on the
date of the death of the members in a dental benefits plan
established under subsection (a)'' and inserting ``if, on the
date of the death of the member, the dependent is enrolled in
a dental benefits plan established under subsection (a) or is
not enrolled in such a plan by reason of a discontinuance of
a former enrollment under subsection (f)''.

SEC. 702. ADVANCE AUTHORIZATION FOR INPATIENT MENTAL HEALTH
SERVICES.

Section 1079(i)(3) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``Except in the case of an emergency,'' and
inserting ``Except as provided in subparagraphs (B) and
(C),''; and
(3) by adding at the end the following new subparagraph:
``(B) Preadmission authorization for inpatient mental
health services is not required under subparagraph (A) in the
case of an emergency.
``(C) Preadmission authorization for inpatient mental
health services is not required under subparagraph (A) in a
case in which any benefits are payable for such services
under part A of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.). The Secretary shall require, however,
advance authorization for the continued provision of the
inpatient mental health services after benefits cease to be
payable for such services under part A of such title in such
case.''.

SEC. 703. CONTINUED TRICARE ELIGIBILITY OF DEPENDENTS
RESIDING AT REMOTE LOCATIONS AFTER DEPARTURE OF
SPONSORS FOR UNACCOMPANIED ASSIGNMENTS.

Section 1079(p) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``dependents referred to
in subsection (a) of a member of the uniformed services
referred to in section 1074(c)(3) of this title who are
residing with the member'' and inserting ``dependents
described in paragraph (3)'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2), the following new
paragraph (3):
``(3) This subsection applies with respect to a dependent
referred to in subsection (a) who--
``(A) is a dependent of a member of the uniformed services
referred to in section 1074(c)(3) of this title and is
residing with the member; or
``(B) is a dependent of a member who, after having served
in a duty assignment described in section 1074(c)(3) of this
title, has relocated without the dependent pursuant to orders
for a permanent change of duty station from a remote location
described in subparagraph (B)(ii) of such section where the
member and the dependent resided together while the member
served in such assignment, if the orders do not authorize
dependents to accompany the member to the new duty station at
the expense of the United States and the dependent continues
to reside at the same remote location.''.

SEC. 704. APPROVAL OF MEDICARE PROVIDERS AS TRICARE
PROVIDERS.

Section 1079 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(q) A physician or other health care practitioner who is
eligible to receive reimbursement for services provided under
the Medicare Program under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.) shall be considered approved to
provide medical care under this section and section 1086 of
this title.''.

SEC. 705. CLAIMS INFORMATION.

(a) Correspondence to Medicare Claims Information
Requirements.--Section 1095c of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(d) Correspondence to Medicare Claims Information
Requirements.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall limit the
requirements for information in support of claims for payment
for health care items and services provided under the TRICARE
program so that the information required under the program is
substantially the same as the information that would be
required for claims for reimbursement for those items and
services under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).''.
(b) Applicability.--The Secretary of Defense, in
consultation with the other administering Secretaries
referred to in section 1072(3) of title 10, United States
Code, shall apply the limitations required under subsection
(d) of section 1095c of such title (as added by subsection
(a)) with respect to contracts entered into under the TRICARE
program on or after October 1, 2002.

SEC. 706. DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE
HEALTH CARE FUND.

(a) Source of Funds for Monthly Accrual Payments Into the
Fund.--Section 1116(c) of title 10, United States Code, is
amended by striking ``health care programs'' and inserting
``pay of members''.
(b) Mandatory Participation of Other Uniformed Services.--
Section 1111(c) of such title is amended--
(1) in the first sentence, by striking ``may enter into an
agreement with any other administering Secretary'' and
inserting ``shall enter into an agreement with each other
administering Secretary''; and
(2) in the second sentence, by striking ``Any such'' and
inserting ``The''.

SEC. 707. TECHNICAL CORRECTIONS RELATING TO TRANSITIONAL
HEALTH CARE FOR MEMBERS SEPARATED FROM ACTIVE
DUTY.

(a) Continued Applicability to Dependents.--Subsection
(a)(1) of section 736 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1172)
is amended to read as follows:

[[Page H5506]]

``(1) in paragraph (1), by striking `paragraph (2), a
member' and all that follows through `of the member),' and
inserting `paragraph (3), a member of the armed forces who is
separated from active duty as described in paragraph (2) (and
the dependents of the member)';''.
(b) Clarification Regarding the Coast Guard.--Subsection
(b)(2) of such section is amended to read as follows:
``(2) in subsection (e)--
``(A) by striking the first sentence; and
``(B) by striking `the Coast Guard' in the second sentence
and inserting `the members of the Coast Guard and their
dependents'.''.
(c) Effective Date.--The amendments made by this section
shall take effect as of December 28, 2001, and as if included
in the National Defense Authorization Act for Fiscal Year
2002 as enacted.

SEC. 708. EXTENSION OF TEMPORARY AUTHORITY FOR ENTERING INTO
PERSONAL SERVICES CONTRACTS FOR THE PERFORMANCE
OF HEALTH CARE RESPONSIBILITIES FOR THE ARMED
FORCES AT LOCATIONS OTHER THAN MILITARY MEDICAL
TREATMENT FACILITIES.

Section 1091(a)(2) of title 10, United States Code, is
amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.

SEC. 709. RESTORATION OF PREVIOUS POLICY REGARDING
RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE
MEDICAL FACILITIES.

Section 1093 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``Restriction on Use of
Funds.--''.

SEC. 710. HEALTH CARE UNDER TRICARE FOR TRICARE BENEFICIARIES
RECEIVING MEDICAL CARE AS VETERANS FROM THE
DEPARTMENT OF VETERANS AFFAIRS.

Section 1097 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Persons Receiving Medical Care From the Department of
Veterans Affairs.--A covered beneficiary who is enrolled in
and seeks care under the TRICARE program may not be denied
such care on the ground that the covered beneficiary is
receiving health care from the Department of Veterans Affairs
on an ongoing basis if the Department of Veterans Affairs
cannot provide the covered beneficiary with the particular
care sought by the covered beneficiary within the maximum
period provided in the access to care standards that are
applicable to that particular care under TRICARE program
policy.''.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Major Defense Acquisition Programs

SEC. 801. BUY-TO-BUDGET ACQUISITION OF END ITEMS.

(a) Authority.--(1) Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2228. Buy-to-budget acquisition: end items

``(a) Authority To Acquire Additional End Items.--Using
funds available to the Department of Defense for the
acquisition of an end item, the head of agency making the
acquisition may acquire a higher quantity of the end item
than the quantity specified for the end item in a law
providing for the funding of that acquisition if that head of
an agency makes each of the following findings:
``(1) The agency has an established requirement for the end
item that is expected to remain substantially unchanged
throughout the period of the acquisition.
``(2) It is possible to acquire the higher quantity of the
end item without additional funding because of production
efficiencies or other cost reductions.
``(3) The amount of the funds used for the acquisition of
the higher quantity of the end item will not exceed the
amount provided under that law for the acquisition of the end
item.
``(4) The amount so provided is sufficient to ensure that
each unit of the end item acquired within the higher quantity
is fully funded as a complete end item.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of this section.
The regulations shall include, at a minimum, the following:
``(1) The level of approval within the Department of
Defense that is required for a decision to acquire a higher
quantity of an end item under subsection (a).
``(2) Authority to exceed by up to 10 percent the quantity
of an end item approved in a justification and approval of
the use of procedures other than competitive procedures for
the acquisition of the end item under section 2304 of this
title, but only to the extent necessary to acquire a quantity
of the end item permitted in the exercise of authority under
subsection (a).
``(c) Notification of Congress.--The head of an agency is
not required to notify Congress in advance regarding a
decision under the authority of this section to acquire a
higher quantity of an end item than is specified in a law
described in subsection (a), but shall notify the
congressional defense committees of the decision not later
than 30 days after the date of the decision.
``(d) Waiver by Other Law.--A provision of law may not be
construed as prohibiting the acquisition of a higher quantity
of an end item under this section unless that provision of
law--
``(1) specifically refers to this section; and
``(2) specifically states that the acquisition of the
higher quantity of the end item is prohibited notwithstanding
the authority provided in this section.
``(e) Definitions.--(1) For the purposes of this section, a
quantity of an end item shall be considered specified in a
law if the quantity is specified either in a provision of
that law or in any related representation that is set forth
separately in a table, chart, or explanatory text included in
a joint explanatory statement or governing committee report
accompanying the law.
``(2) In this section:
``(A) The term `congressional defense committees' means--
``(i) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(ii) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(B) The term `head of an agency' means the Secretary of
Defense, the Secretary of the Army, the Secretary of the
Navy, and the Secretary of the Air Force.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``2228. Buy-to-budget acquisition: end items.''.

(b) Time for Issuance of Final Regulations.--The Secretary
of Defense shall issue the final regulations under section
2228(b) of title 10, United States Code (as added by
subsection (a)), not later than 120 days after the date of
the enactment of this Act.

SEC. 802. REPORT TO CONGRESS ON INCREMENTAL ACQUISITION OF
MAJOR SYSTEMS.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the approach that the Secretary plans to take to applying
the requirements of chapter 144 of title 10, United States
Code, sections 139, 181, 2366, 2399, and 2400 of such title,
Department of Defense Directive 5000.1, Department of Defense
Instruction 5000.2, and Chairman of the Joint Chiefs of Staff
Instruction 3170.01B, and other provisions of law and
regulations applicable to incremental acquisition programs.
(b) Content of Report.--The report shall, at a minimum,
address the following matters:
(1) The manner in which the Secretary plans to establish
and approve, for each increment of an incremental acquisition
program--
(A) operational requirements; and
(B) cost and schedule goals.
(2) The manner in which the Secretary plans, for each
increment of an incremental acquisition program--
(A) to meet requirements for operational testing and live
fire testing;
(B) to monitor cost and schedule performance; and
(C) to comply with laws requiring reports to Congress on
results testing and on cost and schedule performance.
(3) The manner in which the Secretary plans to ensure that
each increment of an incremental acquisition program is
designed--
(A) to achieve interoperability within and among United
States forces and United States coalition partners; and
(B) to optimize total system performance and minimize total
ownership costs by giving appropriate consideration to--
(i) logistics planning;
(ii) manpower, personnel, and training;
(iii) human, environmental, safety, occupational health,
accessibility, survivability, operational continuity, and
security factors;
(iv) protection of critical program information; and
(v) spectrum management.
(c) Definitions.--In this section:
(1) The term ``incremental acquisition program'' means an
acquisition program that is to be conducted in discrete
phases or blocks, with each phase or block consisting of the
planned production and acquisition of one or more units of a
major system.
(2) The term ``increment'' refers to one of the discrete
phases or blocks of an incremental acquisition program.
(3) The term ``major system'' has the meaning given such
term in section 2302(5) of title 10, United States Code.

SEC. 803. PILOT PROGRAM FOR SPIRAL DEVELOPMENT OF MAJOR
SYSTEMS.

(a) Authority.--The Secretary of Defense is authorized to
conduct a pilot program for the spiral development of major
systems and to designate research and development programs of
the military departments and Defense Agencies to participate
in the pilot program.
(b) Designation of Participating Programs.--(1) A research
and development program for a major system of a military
department or Defense Agency may be conducted as a spiral
development program only if the Secretary of Defense approves
a spiral development plan submitted by the Secretary of that
military department or head of that Defense Agency, as the
case may be, and designates the program as a participant in
the pilot program under this section.
(2) The Secretary of Defense shall submit a copy of each
spiral development plan approved under this section to the
congressional defense committees.
(c) Spiral Development Plans.--A spiral development plan
for a participating program shall, at a minimum, include the
following matters:
(1) A rationale for dividing the program into separate
spirals, together with a preliminary identification of the
spirals to be included.
(2) A program strategy, including overall cost, schedule,
and performance goals for the total program.
(3) Specific cost, schedule, and performance parameters,
including measurable exit criteria, for the first spiral to
be conducted.
(4) A testing plan to ensure that performance goals,
parameters, and exit criteria are met.

[[Page H5507]]

(5) An appropriate limitation on the number of prototype
units that may be produced under the program.
(6) Specific performance parameters, including measurable
exit criteria, that must be met before the program proceeds
into production of units in excess of the limitation on the
number of prototype units.
(d) Guidance.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue guidance for the implementation of the spiral
development pilot program authorized by this section. The
guidance shall, at a minimum, include the following matters:
(1) A process for the development, review, and approval of
each spiral development plan submitted by the Secretary of a
military department or head of a Defense Agency.
(2) A process for establishing and approving specific cost,
schedule, and performance parameters, including measurable
exit criteria, for spirals to be conducted after the first
spiral.
(3) Appropriate planning, testing, reporting, oversight,
and other requirements to ensure that the spiral development
program--
(A) satisfies realistic and clearly-defined performance
standards, cost objectives, and schedule parameters
(including measurable exit criteria for each spiral);
(B) achieve interoperability within and among United States
forces and United States coalition partners; and
(C) optimize total system performance and minimize total
ownership costs by giving appropriate consideration to--
(i) logistics planning;
(ii) manpower, personnel, and training;
(iii) human, environmental, safety, occupational health,
accessibility, survivability, operational continuity, and
security factors;
(iv) protection of critical program information; and
(v) spectrum management.
(4) A process for independent validation of the
satisfaction of exit criteria and other relevant
requirements.
(5) A process for operational testing of fieldable
prototypes to be conducted before or in conjunction with the
fielding of the prototypes.
(e) Reporting Requirement.--The Secretary shall submit to
Congress at the end of each quarter of a fiscal year a status
report on each research and development program that is a
participant in the pilot program. The report shall contain
information on unit costs that is similar to the information
on unit costs under major defense acquisition programs that
is required to be provided to Congress under chapter 144 of
title 10, United States Code, except that the information on
unit costs shall address projected prototype costs instead of
production costs.
(f) Applicability of Existing Law.--Nothing in this section
shall be construed to exempt any program of the Department of
Defense from the application of any provision of chapter 144
of title 10, United States Code, section 139, 181, 2366,
2399, or 2400 of such title, or any requirement under
Department of Defense Directive 5000.1, Department of Defense
Instruction 5000.2, or Chairman of the Joint Chiefs of Staff
Instruction 3170.01B in accordance with the terms of such
provision or requirement.
(g) Termination of Program Participation.--The conduct of a
participating program as a spiral development program under
the pilot program shall terminate when the decision is made
for the participating program to proceed into the production
of units in excess of the number of prototype units permitted
under the limitation provided in spiral development plan for
the program pursuant to subsection (c)(5).
(h) Termination of Pilot Program.--(1) The authority to
conduct a pilot program under this section shall terminate
three years after the date of the enactment of this Act.
(2) The termination of the pilot program shall not
terminate the authority of the Secretary of a military
department or head of a Defense Agency to continue to
conduct, as a spiral development program, any research and
development program that was designated to participate in the
pilot program before the date on which the pilot program
terminates. In the continued conduct of such a research and
development program as a spiral development program on and
after such date, the spiral development plan approved for the
program, the guidance issued under subsection (d), and
subsections (e), (f), and (g) shall continue to apply.
(i) Definitions.--In this section:
(1) The term ``spiral development program'' means a
research and development program that--
(A) is conducted in discrete phases or blocks, each of
which will result in the development of fieldable prototypes;
and
(B) will not proceed into acquisition until specific
performance parameters, including measurable exit criteria,
have been met.
(2) The term ``spiral'' means one of the discrete phases or
blocks of a spiral development program.
(3) The term ``major system'' has the meaning given such
term in section 2302(5) of title 10, United States Code.
(4) The term ``participating program'' means a research and
development program that is designated to participate in the
pilot program under subsection (b).

SEC. 804. IMPROVEMENT OF SOFTWARE ACQUISITION PROCESSES.

(a) Establishment of Programs.--(1) The Secretary of each
military department shall establish a program to improve the
software acquisition processes of that military department.
(2) The head of each Defense Agency that manages a major
defense acquisition program with a substantial software
component shall establish a program to improve the software
acquisition processes of that Defense Agency.
(3) The programs required by this subsection shall be
established not later than 120 days after the date of the
enactment of this Act.
(b) Program Requirements.--A program to improve software
acquisition processes under this section shall, at a minimum,
include the following:
(1) A documented process for software acquisition planning,
requirements development and management, project management
and oversight, and risk management.
(2) Efforts to develop systems for performance measurement
and continual process improvement.
(3) A system for ensuring that each program office with
substantial software responsibilities implements and adheres
to established processes and requirements.
(c) Department of Defense Guidance.--The Assistant
Secretary of Defense for Command, Control, Communications,
and Intelligence, in consultation with the Under Secretary of
Defense for Acquisition, Technology, and Logistics, shall--
(1) prescribe uniformly applicable guidance for the
administration of all of the programs established under
subsection (a) and take such actions as are necessary to
ensure that the military departments and Defense Agencies
comply with the guidance; and
(2) assist the Secretaries of the military departments and
the heads of the Defense Agencies to carry out such programs
effectively by identifying, and serving as a clearinghouse
for information regarding, best practices in software
acquisition processes in both the public and private sectors.
(d) Definitions.--In this section:
(1) The term ``Defense Agency'' has the meaning given the
term in section 101(a)(11) of title 10, United States Code.
(2) The term ``major defense acquisition program'' has the
meaning given the term in section 2430 of title 10, United
States Code.

SEC. 805. INDEPENDENT TECHNOLOGY READINESS ASSESSMENTS.

Section 804(b) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1180) is
amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) identify each case in which an authoritative decision
has been made within the Department of Defense not to conduct
an independent technology readiness assessment for a critical
technology on a major defense acquisition program and explain
the reasons for the decision.''.

SEC. 806. TIMING OF CERTIFICATION IN CONNECTION WITH WAIVER
OF SURVIVABILITY AND LETHALITY TESTING
REQUIREMENTS.

(a) Certification for Expedited Programs.--Paragraph (1) of
subsection (c) of section 2366 of title 10, United States
Code, is amended to read as follows:
``(1) The Secretary of Defense may waive the application of
the survivability and lethality tests of this section to a
covered system, munitions program, missile program, or
covered product improvement program if the Secretary
determines that live-fire testing of such system or program
would be unreasonably expensive and impractical and submits a
certification of that determination to Congress--
``(A) before Milestone B approval for the system or
program; or
``(B) in the case of a system or program initiated at--
``(i) Milestone B, as soon as is practicable after the
Milestone B approval; or
``(ii) Milestone C, as soon as is practicable after the
Milestone C approval.''.
(b) Definitions.--Subsection (e) of such section is amended
by adding at the end the following new paragraphs:
``(8) The term `Milestone B approval' means a decision to
enter into system development and demonstration pursuant to
guidance prescribed by the Secretary of Defense for the
management of Department of Defense acquisition programs.
``(9) The term `Milestone C approval' means a decision to
enter into production and deployment pursuant to guidance
prescribed by the Secretary of Defense for the management of
Department of Defense acquisition programs.''.

Subtitle B--Procurement Policy Improvements

SEC. 811. PERFORMANCE GOALS FOR CONTRACTING FOR SERVICES.

(a) Individual Purchases of Services.--Subsection (a) of
section 802 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2330 note) is
amended by adding at the end the following new paragraphs:
``(3) To support the attainment of the goals established in
paragraph (2), the Department of Defense shall have the
following goals:
``(A) To increase, as a percentage of all of the individual
purchases of services made by or for the Department of
Defense under multiple award contracts for a fiscal year
(calculated on the basis of dollar value), the volume of the
individual purchases of services that are made on a
competitive basis and involve the receipt of two or more
offers from qualified contractors to a percentage as follows:
``(i) For fiscal year 2003, a percentage not less than 50
percent.
``(ii) For fiscal year 2004, a percentage not less than 60
percent.
``(iii) For fiscal year 2011, a percentage not less than 80
percent.
``(B) To increase, as a percentage of all of the individual
purchases of services made by or for the Department of
Defense under multiple award contracts for a fiscal year
(calculated on

[[Page H5508]]

the basis of dollar value), the use of performance-based
purchasing specifying firm fixed prices for the specific
tasks to be performed to a percentage as follows:
``(i) For fiscal year 2003, a percentage not less than 30
percent.
``(ii) For fiscal year 2004, a percentage not less than 40
percent.
``(iii) For fiscal year 2005, a percentage not less than 50
percent.
``(iv) For fiscal year 2011, a percentage not less than 80
percent.''.
(b) Extension and Revision of Reporting Requirement.--
Subsection (b) of such section is amended--
(1) by striking ``March 1, 2006'', and inserting ``March 1,
2011''; and
(2) by adding at the end the following new paragraphs:
``(6) Regarding the individual purchases of services that
were made by or for the Department of Defense under multiple
award contracts in the fiscal year preceding the fiscal year
in which the report is required to be submitted, information
(determined using the data collection system established
under section 2330a of title 10, United States Code) as
follows:
``(A) The percentage (calculated on the basis of dollar
value) of such purchases that are purchases that were made on
a competitive basis and involved receipt of two or more
offers from qualified contractors.
``(B) The percentage (calculated on the basis of dollar
value) of such purchases that are performance-based purchases
specifying firm fixed prices for the specific tasks to be
performed.''.
(c) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(c) Definitions.--In this section:
``(1) The term `individual purchase' means a task order,
delivery order, or other purchase.
``(2) The term `multiple award contract' means--
``(A) a contract that is entered into by the Administrator
of General Services under the multiple award schedule program
referred to in section 2302(2)(C) of title 10, United States
Code;
``(B) a multiple award task order contract that is entered
into under the authority of sections 2304a through 2304d of
title 10, United States Code, or sections 303H through 303K
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253h through 253k); and
``(C) any other indefinite delivery, indefinite quantity
contract that is entered into by the head of a Federal agency
with two or more sources pursuant to the same
solicitation.''.

SEC. 812. GRANTS OF EXCEPTIONS TO COST OR PRICING DATA
CERTIFICATION REQUIREMENTS AND WAIVERS OF COST
ACCOUNTING STANDARDS.

(a) Guidance for Exceptions in Exceptional Circumstances.--
(1) Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall issue guidance on
the circumstances under which it is appropriate to grant--
(A) an exception pursuant to section 2306a(b)(1)(C) of
title 10, United States Code, relating to submittal of
certified contract cost and pricing data; or
(B) a waiver pursuant to section 26(f)(5)(B) of the Office
of Federal Procurement Policy Act (41 U.S.C. 422(f)(5)(B)),
relating to the applicability of cost accounting standards to
contracts and subcontracts.
(2) The guidance shall, at a minimum, include a limitation
that a grant of an exception or waiver referred to in
paragraph (1) is appropriate with respect to a contract or
subcontract, or (in the case of submittal of certified cost
and pricing data) a modification, only upon a determination
that the property or services cannot be obtained under the
contract, subcontract, or modification, as the case may be,
without the grant of the exception or waiver.
(b) Semiannual Report.--(1) The Secretary of Defense shall
transmit to the congressional defense committees promptly
after the end of each half of a fiscal year a report on the
exceptions to cost or pricing data certification requirements
and the waivers of applicability of cost accounting standards
that, in cases described in paragraph (2), were granted
during that half of the fiscal year.
(2) The report for a half of a fiscal year shall include an
explanation of--
(A) each decision by the head of a procuring activity
within the Department of Defense to exercise the authority
under subparagraph (B) or (C) of subsection (b)(1) of section
2306a of title 10, United States Code, to grant an exception
to the requirements of such section in the case of a
contract, subcontract, or contract or subcontract
modification that is expected to have a price of $15,000,000
or more; and
(B) each decision by the Secretary of Defense or the head
of an agency within the Department of Defense to exercise the
authority under subsection (f)(5)(B) of section 26 of the
Office of Federal Procurement Policy Act to waive the
applicability of the cost accounting standards under such
section in the case of a contract or subcontract that is
expected to have a value of $15,000,000 or more.
(c) Advance Notification of Congress.--(1) The Secretary of
Defense shall transmit to the congressional defense
committees an advance notification of--
(A) any decision by the head of a procuring activity within
the Department of Defense to exercise the authority under
subsection (b)(1)(C) of section 2306a of title 10, United
States Code, to grant an exception to the requirements of
such section in the case of a contract, subcontract, or
contract or subcontract modification that is expected to have
a price of $75,000,000 or more; or
(B) any decision by the Secretary of Defense or the head of
an agency within the Department of Defense to exercise the
authority under subsection (f)(5)(B) of section 26 of the
Office of Federal Procurement Policy Act to waive the
applicability of the cost accounting standards under such
section to a contract or subcontract that is expected to have
a value of $75,000,000 or more.
(2) The notification under paragraph (1) regarding a
decision to grant an exception or waiver shall be transmitted
not later than 10 days before the exception or waiver is
granted.
(d) Contents of Reports and Notifications.--A report
pursuant to subsection (b) and a notification pursuant to
subsection (c) shall include, for each grant of an exception
or waiver, the following matters:
(1) A discussion of the justification for the grant of the
exception or waiver, including at a minimum--
(A) in the case of an exception granted pursuant to section
2306a(b)(1)(B) of title 10, United States Code, an
explanation of the basis for the determination that the
products or services to be purchased are commercial items;
and
(B) in the case of an exception granted pursuant to section
2306a(b)(1)(C) of such title, or a waiver granted pursuant to
section 26(f)(5)(B) of the Office of Federal Procurement
Policy Act, an explanation of the basis for the determination
that it would not have been possible to obtain the products
or services from the offeror without the grant of the
exception or waiver.
(2) A description of the specific steps taken or to be
taken within the Department of Defense to ensure that the
price of each contract, subcontract, or modification covered
by the report or notification, as the case may be, is fair
and reasonable.
(e) Effective Date.--The requirements of this section shall
apply to each exception or waiver that is granted under a
provision of law referred to in subsection (a) on or after
the date on which the guidance required by that subsection
(a) is issued.

SEC. 813. EXTENSION OF REQUIREMENT FOR ANNUAL REPORT ON
DEFENSE COMMERCIAL PRICING MANAGEMENT
IMPROVEMENT.

Section 803(c)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2082; 10 U.S.C. 2306a note) is amended by striking
``2000, 2001, and 2002,'' and inserting ``2000 through
2006,''.

SEC. 814. INTERNAL CONTROLS ON THE USE OF PURCHASE CARDS.

(a) Requirement for Enhanced Internal Controls.--Not later
than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall take action to ensure that
appropriate internal controls for the use of purchase cards
issued by the Federal Government to Department of Defense
personnel are in place throughout the Department of Defense.
At a minimum, the internal controls shall include the
following:
(1) A requirement that the receipt and acceptance, and the
documentation of the receipt and acceptance, of the property
or services purchased on a purchase card be verified by a
Department of Defense official who is independent of the
purchaser.
(2) A requirement that the monthly purchase card statements
of purchases on a purchase card be reviewed and certified for
accuracy by an official of the Department of Defense who is
independent of the purchaser.
(3) Specific policies limiting the number of purchase cards
issued, with the objective of significantly reducing the
number of cardholders.
(4) Specific policies on credit limits authorized for
cardholders, with the objective of minimizing financial risk
to the Federal Government.
(5) Specific criteria for identifying employees eligible to
be issued purchase cards, with the objective of ensuring the
integrity of cardholders.
(6) Accounting procedures that ensure that purchase card
transactions are properly recorded in Department of Defense
accounting records.
(7) Requirements for regular internal review of purchase
card statements to identify--
(A) potentially fraudulent, improper, and abusive
purchases;
(B) any patterns of improper cardholder transactions, such
as purchases of prohibited items; and
(C) categories of purchases that should be made through
other mechanisms to better aggregate purchases and negotiate
lower prices.
(b) Training.--The Secretary of Defense shall ensure that
all Department of Defense purchase cardholders are aware of
the enhanced internal controls instituted pursuant to
subsection (a).
(c) Comptroller General Review.--Not later than March 1,
2003, the Comptroller General shall--
(1) review the actions that have been taken within the
Department of Defense to comply with the requirements of this
section; and
(2) submit a report on the actions reviewed to the
congressional defense committees.

SEC. 815. ASSESSMENT REGARDING FEES PAID FOR ACQUISITIONS
UNDER OTHER AGENCIES' CONTRACTS.

(a) Requirement for Assessment and Report.--Not later than
March 1, 2003, the Secretary of Defense shall carry out an
assessment to determine the total amount paid by the
Department of Defense as fees for the acquisition of property
and services by the Department of Defense under contracts
between other departments and agencies of the Federal
Government and the sources of the property and services in
each of fiscal years 2000, 2001, and 2002, and submit a
report on the results of the assessment to Congress.
(b) Content of Report.--The report shall include the
Secretary's views on what, if any, actions should be taken
within the Department of Defense to reduce the total amount
of the annual expenditures on fees described in subsection
(a) and to use the amounts saved for other authorized
purposes.

[[Page H5509]]

SEC. 816. PILOT PROGRAM FOR TRANSITION TO FOLLOW-ON CONTRACTS
FOR CERTAIN PROTOTYPE PROJECTS.

Section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by--
(1) redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) inserting after subsection (d) the following new
subsection (e):
``(e) Pilot Program for Transition to Follow-on
Contracts.--(1) The Secretary of Defense is authorized to
carry out a pilot program for follow-on contracting for the
production of items or processes that are developed by
nontraditional defense contractors under prototype projects
carried out under this section.
``(2) Under the pilot program--
``(A) a qualifying contract for the procurement of such an
item or process, or a qualifying subcontract under a contract
for the procurement of such an item or process, may be
treated as a contract or subcontract, respectively, for the
procurement of commercial items, as defined in section 4(12)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)); and
``(B) the item or process may be treated as an item or
process, respectively, that is developed in part with Federal
funds and in part at private expense for the purposes of
section 2320 of title 10, United States Code.
``(3) For the purposes of the pilot program, a qualifying
contract or subcontract is a contract or subcontract,
respectively, with a nontraditional defense contractor that--
``(A) does not exceed $20,000,000; and
``(B) is either--
``(i) a firm, fixed-price contract or subcontract; or
``(ii) a fixed-price contract or subcontract with economic
price adjustment.
``(4) The authority to conduct a pilot program under this
subsection shall terminate on September 30, 2005. The
termination of the authority shall not affect the validity of
contracts or subcontracts that are awarded or modified during
the period of the pilot program, without regard to whether
the contracts or subcontracts are performed during the
period.''.

SEC. 817. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT
REQUIREMENTS.

(a) Authority.--Subchapter V of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2539c. Waiver of domestic source or content
requirements

``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any
domestic source requirement or domestic content requirement
referred to in subsection (b) and thereby authorize the
procurement of items that are grown, reprocessed, reused,
produced, or manufactured--
``(1) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement with the
United States;
``(2) in a foreign country that has a reciprocal defense
procurement memorandum of understanding or agreement with the
United States substantially from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States or any foreign country that has a reciprocal
defense procurement memorandum of understanding or agreement
with the United States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a reciprocal defense procurement memorandum of
understanding or agreement with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(c) Applicability.--The authority of the Secretary to
waive the application of a domestic source or content
requirements under subsection (a) applies to the procurement
of items for which the Secretary of Defense determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a memorandum of
understanding providing for reciprocal procurement of defense
items between a foreign country and the United States in
accordance with section 2531 of this title; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items
produced in that country.
``(d) Limitation on Delegation.--The authority of the
Secretary to waive the application of domestic source or
content requirements under subsection (a) may not be
delegated to any officer or employee other than the Under
Secretary of Defense for Acquisition, Technology and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of
the application of a domestic source or content requirement
under subsection (a) only after consultation with the United
States Trade Representative, the Secretary of Commerce, and
the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not
exercise the authority under subsection (a) to waive any
domestic source or content requirement contained in any of
the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The
authority under subsection (a) to waive a domestic source
requirement or domestic content requirement is in addition to
any other authority to waive such requirement.
``(h) Construction With Respect to Later Enacted Laws.--
This section may not be construed as being inapplicable to a
domestic source requirement or domestic content requirement
that is set forth in a law enacted after the enactment of
this section solely on the basis of the later enactment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2539b the following new item:

``2539c. Waiver of domestic source or content requirements.''.

Subtitle C--Other Matters

SEC. 821. EXTENSION OF THE APPLICABILITY OF CERTAIN PERSONNEL
DEMONSTRATION PROJECT EXCEPTIONS TO AN
ACQUISITION WORKFORCE DEMONSTRATION PROJECT.

Section 4308(b)(3)(B) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 1701
note) is amended to read as follows:
``(B) commences before November 18, 2007.''.

SEC. 822. MORATORIUM ON REDUCTION OF THE DEFENSE ACQUISITION
AND SUPPORT WORKFORCE.

(a) Prohibition.--Notwithstanding any other provision of
law, the defense acquisition and support workforce may not be
reduced, during fiscal years 2003, 2004, and 2005, below the
level of that workforce as of September 30, 2002, determined
on the basis of full-time equivalent positions.
(b) Waiver Authority.--The Secretary of Defense may waive
the prohibition in subsection (a) and reduce the level of the
defense acquisition and support workforce upon submitting to
Congress the Secretary's certification that the defense
acquisition and support workforce, at the level to which
reduced, will be able efficiently and effectively to perform
the workloads that are required of that workforce consistent
with the cost-effective management of the defense acquisition
system to obtain best value equipment and with ensuring
military readiness.
(c) Defense Acquisition and Support Workforce Defined.--In
this section, the term ``defense acquisition and support
workforce'' means Armed Forces and civilian personnel who are
assigned to, or are employed in, an organization of the
Department of Defense that is--
(1) an acquisition organization specified in Department of
Defense Instruction 5000.58, dated January 14, 1992; or
(2) an organization not so specified that has acquisition
as its predominant mission, as determined by the Secretary of
Defense.

SEC. 823. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED
BUSINESSES AND CERTAIN INSTITUTIONS OF HIGHER
EDUCATION.

Section 2323(k) of title 10, United States Code, is amended
by striking ``2003'' both places it appears and inserting
``2006''.

SEC. 824. MENTOR-PROTEGE PROGRAM ELIGIBILITY FOR HUBZONE
SMALL BUSINESS CONCERNS AND SMALL BUSINESS
CONCERNS OWNED AND CONTROLLED BY SERVICE-
DISABLED VETERANS.

Section 831(m)(2) of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 2302 note), is amended--
(1) by striking ``or'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(F) a qualified HUBZone small business concern, within
the meaning of section 3(p)(5) of the Small Business Act (15
U.S.C. 632(p)(5)); or
``(G) a small business concern owned and controlled by
service-disabled veterans, as defined in section 3(q)(2) of
the Small Business Act (15 U.S.C. 632(q)(2)).''.

SEC. 825. REPEAL OF REQUIREMENTS FOR CERTAIN REVIEWS BY THE
COMPTROLLER GENERAL.

The following provisions of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106)
are repealed:
(1) Section 912(d) (110 Stat. 410; 10 U.S.C. 2216 note),
relating to Comptroller General reviews of the administration
of the Defense Modernization Account.
(2) Section 5312(e) (110 Stat. 695; 40 U.S.C. 1492),
relating to Comptroller General monitoring of a pilot program
for solutions-based contracting for acquisition of
information technology.
(3) Section 5401(c)(3) (110 Stat. 697; 40 U.S.C. 1501),
relating to a Comptroller General review and report regarding
a pilot program to test streamlined procedures for the
procurement of information technology products and services
available for ordering through multiple award schedules.

SEC. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR PURCHASE OF
DINITROGEN TETROXIDE, HYDRAZINE, AND HYDRAZINE-
RELATED PRODUCTS.

(a) In General.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2410n the
following new section:

[[Page H5510]]

``Sec. 2410o. Multiyear procurement authority: purchase of
dinitrogen tetroxide, hydrazine, and hydrazine-related
products

``(a) Ten-Year Contract Period.--The Secretary of Defense
may enter into a contract for a period of up to 10 years for
the purchase of dinitrogen tetroxide, hydrazine, and
hydrazine-related products for the support of a United States
national security program or a United States space program.
``(b) Extensions.--A contract entered into for more than
one year under the authority of subsection (a) may be
extended for a total of not more than 10 years pursuant to
any option or options set forth in the contract.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 is amended by adding at the end the
following item:

``2410o. Multiyear procurement authority: purchase of dinitrogen
tetroxide, hydrazine, and hydrazine-related products.''.

SEC. 827. MULTIYEAR PROCUREMENT AUTHORITY FOR ENVIRONMENTAL
SERVICES FOR MILITARY INSTALLATIONS.

(a) Authority.--Subsection (b) of section 2306c of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(5) Environmental remediation services for--
``(A) an active military installation;
``(B) a military installation being closed or realigned
under a base closure law; or
``(C) a site formerly used by the Department of Defense.''.
(b) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(g) Additional Definitions.--In this section:
``(1) The term `base closure law' has the meaning given
such term in section 2667(h)(2) of this title.
``(2) The term `military installation' has the meaning
given such term in section 2801(c)(2) of this title.''.

SEC. 828. INCREASED MAXIMUM AMOUNT OF ASSISTANCE FOR TRIBAL
ORGANIZATIONS OR ECONOMIC ENTERPRISES CARRYING
OUT PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS
IN TWO OR MORE SERVICE AREAS.

Section 2414(a)(4) of title 10, United States Code, is
amended by striking ``$300,000'' and inserting ``$600,000''.

SEC. 829. AUTHORITY FOR NONPROFIT ORGANIZATIONS TO SELF-
CERTIFY ELIGIBILITY FOR TREATMENT AS QUALIFIED
ORGANIZATIONS EMPLOYING SEVERELY DISABLED UNDER
MENTOR-PROTEGE PROGRAM.

Section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 2302 note) is amended by adding
at the end the following new subsection:
``(n) Self-Certification of Nonprofit Organizations as
Qualified Organizations Employing the Severely Disabled.--(1)
The Secretary of Defense may, in accordance with such
requirements as the Secretary may establish, permit a
business entity operating on a non-profit basis to self-
certify its eligibility for treatment as a qualified
organization employing the severely disabled under subsection
(m)(2)(D).
``(2) The Secretary shall treat any entity described in
paragraph (1) that submits a self-certification under that
paragraph as a qualified organization employing the severely
disabled until the Secretary receives evidence, if any, that
such entity is not described by paragraph (1) or does not
merit treatment as a qualified organization employing the
severely disabled in accordance with applicable provisions of
subsection (m).
``(3) Paragraphs (1) and (2) shall cease to be effective on
the effective date of regulations prescribed by the Small
Business Administration under this section setting forth a
process for the certification of business entities as
eligible for treatment as a qualified organization employing
the severely disabled under subsection (m)(2)(D).''.

SEC. 830. REPORT ON EFFECTS OF ARMY CONTRACTING AGENCY.

(a) In general.--The Secretary of the Army shall submit a
report on the effects of the establishment of an Army
Contracting Agency on small business participation in Army
procurements during the first year of operation of such an
agency to--
(1) the Committee on Armed Services of the House of
Representatives;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Small Business of the House of
Representatives; and
(4) the Committee on Small Business and Entrepreneurship of
the Senate.
(b) Content.--The report required under subsection (a)
shall include, in detail--
(1) the justification for the establishment of an Army
Contracting Agency;
(2) the impact of the creation of an Army Contracting
Agency on--
(A) Army compliance with--
(i) Department of Defense Directive 4205.1;
(ii) section 15(g) of the Small Business Act (15 U.S.C.
644(g)); and
(iii) section 15(k) of the Small Business Act (15 U.S.C.
644(k));
(B) small business participation in Army procurement of
products and services for affected Army installations,
including--
(i) the impact on small businesses located near Army
installations, including--

(I) the increase or decrease in the total value of Army
prime contracting with local small businesses; and
(II) the opportunities for small business owners to meet
and interact with Army procurement personnel; and

(ii) any change or projected change in the use of
consolidated contracts and bundled contracts; and
(3) a description of the Army's plan to address any
negative impact on small business participation in Army
procurement, to the extent such impact is identified in the
report.
(c) Time for Submission.--The report under this section
shall be due 15 months after the date of the establishment of
the Army Contracting Agency.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

SEC. 901. TIME FOR SUBMITTAL OF REPORT ON QUADRENNIAL DEFENSE
REVIEW.

Section 118(d) of title 10, United States Code, is amended
by striking ``not later than September 30 of the year in
which the review is conducted'' in the second sentence and
inserting ``in the year following the year in which the
review is conducted, but not later than the date on which the
President submits the budget for the next fiscal year to
Congress under section 1105(a) of title 31''.

SEC. 902. INCREASED NUMBER OF DEPUTY COMMANDANTS AUTHORIZED
FOR THE MARINE CORPS.

Section 5045 of title 10, United States Code, is amended by
striking ``five'' and inserting ``six''.

SEC. 903. BASE OPERATING SUPPORT FOR FISHER HOUSES.

(a) Expansion of Requirement To Include Army and Air
Force.--Section 2493(f) of title 10, United States Code, is
amended to read as follows:
``(f) Base Operating Support.--The Secretary of the
military department concerned shall provide base operating
support for Fisher Houses associated with health care
facilities of that military department.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2002.

SEC. 904. PREVENTION AND MITIGATION OF CORROSION.

(a) Establishment.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
designate an officer or employee of the Department of Defense
as the senior official responsible (after the Secretary of
Defense and the Under Secretary of Defense for Acquisition,
Technology, and Logistics) for the prevention and mitigation
of corrosion of the military equipment and infrastructure of
the Department. The designated official shall report directly
to the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(b) Duties.--The official designated under subsection (a)
shall direct and coordinate initiatives throughout the
Department of Defense to prevent and mitigate corrosion of
the military equipment and infrastructure of the Department,
including efforts to facilitate the prevention and mitigation
of corrosion through--
(1) development and recommendation of policy guidance on
the prevention and mitigation of corrosion which the
Secretary of Defense shall issue;
(2) review of the annual budget proposed for the prevention
and mitigation of corrosion by the Secretary of each military
department and submittal of recommendations regarding the
proposed budget to the Secretary of Defense;
(3) direction and coordination of the efforts within the
Department of Defense to prevent or mitigate corrosion
during--
(A) the design, acquisition, and maintenance of military
equipment; and
(B) the design, construction, and maintenance of
infrastructure; and
(4) monitoring of acquisition practices--
(A) to ensure that the use of corrosion prevention
technologies and the application of corrosion prevention
treatments are fully considered during research and
development in the acquisition process; and
(B) to ensure that, to the extent determined appropriate in
each acquisition program, such technologies and treatments
are incorporated into the program, particularly during the
engineering and design phases of the acquisition process.
(c) Interim Report.--When the President submits the budget
for fiscal year 2004 to Congress pursuant to section 1105(a)
of title 31, United States Code, the Secretary of Defense
shall submit to Congress a report regarding the actions taken
under this section. The report shall include the following
matters:
(1) The organizational structure for the personnel carrying
out the responsibilities of the official designated under
subsection (a) with respect to the prevention and mitigation
of corrosion.
(2) An outline and milestones for developing a long-term
corrosion prevention and mitigation strategy.
(d) Long-Term Strategy.--(1) Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a long-term strategy to
reduce corrosion and the effects of corrosion on the military
equipment and infrastructure of the Department of Defense.
(2) The strategy shall provide for the following actions:
(A) Expanding the emphasis on corrosion prevention and
mitigation to include coverage of infrastructure.
(B) Applying uniformly throughout the Department of Defense
requirements and criteria for the testing and certification
of new technologies for the prevention of corrosion.
(C) Implementing programs, including programs supporting
databases, to foster the collection and analysis of--
(i) data useful for determining the extent of the effects
of corrosion on the maintenance and readiness of military
equipment and infrastructure; and
(ii) data on the costs associated with the prevention and
mitigation of corrosion.
(D) Implementing programs, including supporting databases,
to ensure that a focused and coordinated approach is taken
throughout the

[[Page H5511]]

Department of Defense to collect, review, validate, and
distribute information on proven methods and products that
are relevant to the prevention of corrosion of military
equipment and infrastructure.
(E) Implementing a program to identify specific funding in
future budgets for the total life cycle costs of the
prevention and mitigation of corrosion.
(F) Establishing a coordinated research and development
program for the prevention and mitigation of corrosion for
new and existing military equipment and infrastructure that
includes a plan to transition new corrosion prevention
technologies into operational systems.
(3) The strategy shall also include, for the actions
provided for pursuant to paragraph (2), the following:
(A) Policy guidance.
(B) Performance measures and milestones.
(C) An assessment of the necessary program management
resources and necessary financial resources.
(e) GAO Reviews.--The Comptroller General shall monitor the
implementation of the long-term strategy required under
subsection (d) and, not later than 18 months after the date
of the enactment of this Act, submit to Congress an
assessment of the extent to which the strategy has been
implemented.
(f) Definitions.--In this section:
(1) The term ``corrosion'' means the deterioration of a
substance or its properties due to a reaction with its
environment.
(2) The term ``military equipment'' includes all air, land,
and sea weapon systems, weapon platforms, vehicles, and
munitions of the Department of Defense, and the components of
such items.
(3) The term ``infrastructure'' includes all buildings,
structures, airfields, port facilities, surface and
subterranean utility systems, heating and cooling systems,
fuel tanks, pavements, and bridges.
(g) Termination.--This section shall cease to be effective
on the date that is five years after the date of the
enactment of this Act.

SEC. 905. WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.

(a) Authority To Accept Foreign Gifts and Donations.--
Section 2166 of title 10, United States Code, is amended--
(1) by redesignating subsections (f), (g), and (h), as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Authority To Accept Foreign Gifts and Donations.--(1)
The Secretary of Defense may, on behalf of the Institute,
accept foreign gifts or donations in order to defray the
costs of, or enhance the operation of, the Institute.
``(2) Funds received by the Secretary under paragraph (1)
shall be credited to appropriations available for the
Department of Defense for the Institute. Funds so credited
shall be merged with the appropriations to which credited and
shall be available for the Institute for the same purposes
and same period as the appropriations with which merged.
``(3) The Secretary of Defense shall notify Congress if the
total amount of money accepted under paragraph (1) exceeds
$1,000,000 in any fiscal year. Any such notice shall list
each of the contributors of such money and the amount of each
contribution in such fiscal year.
``(4) For the purposes of this subsection, a foreign gift
or donation is a gift or donation of funds, materials
(including research materials), property, or services
(including lecture services and faculty services) from a
foreign government, a foundation or other charitable
organization in a foreign country, or an individual in a
foreign country.''.
(b) Content of Annual Report to Congress.--Subsection (i)
of such section, as redesignated by subsection (a)(1), is
amended by inserting after the first sentence the following:
``The report shall include a copy of the latest report of the
Board of Visitors received by the Secretary under subsection
(e)(5), together with any comments of the Secretary on the
Board's report.''.

SEC. 906. VETERINARY CORPS OF THE ARMY.

(a) Composition and Administration.--(1) Chapter 307 of
title 10, United States Code, is amended by inserting after
section 3070 the following new section 3071:

``Sec. 3071. Veterinary Corps: composition; Chief and
assistant chief; appointment; grade

``(a) Composition.--The Veterinary Corps consists of the
Chief and assistant chief of that corps and other officers in
grades prescribed by the Secretary of the Army.
``(b) Chief.--The Secretary of the Army shall appoint the
Chief from the officers of the Regular Army in that corps
whose regular grade is above lieutenant colonel and who are
recommended by the Surgeon General. An appointee who holds a
lower regular grade may be appointed in the regular grade of
brigadier general. The Chief serves during the pleasure of
the Secretary, but not for more than four years, and may not
be reappointed to the same position.
``(c) Assistant Chief.--The Surgeon General shall appoint
the assistant chief from the officers of the Regular Army in
that corps whose regular grade is above lieutenant colonel.
The assistant chief serves during the pleasure of the Surgeon
General, but not for more than four years and may not be
reappointed to the same position.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
3070 the following new item:

``3071. Veterinary Corps: composition; Chief and assistant chief;
appointment; grade.''.
(b) Effective Date.--Section 3071 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2002.

SEC. 907. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.

(a) Establishment of Position.--Chapter 4 of title 10,
United States Code, is amended--
(1) by transferring section 137 within such chapter to
appear following section 138;
(2) by redesignating sections 137 and 139 as sections 139
and 139a, respectively; and
(3) by inserting after section 136a the following new
section 137:

``Sec. 137. Under Secretary of Defense for Intelligence

``(a) There is an Under Secretary of Defense for
Intelligence, appointed from civilian life by the President,
by and with the advice and consent of the Senate.
``(b) Subject to the authority, direction, and control of
the Secretary of Defense, the Under Secretary of Defense for
Intelligence shall perform such duties and exercise such
powers as the Secretary of Defense may prescribe in the area
of intelligence.
``(c) The Under Secretary of Defense for Personnel and
Readiness takes precedence in the Department of Defense after
the Under Secretary of Defense for Personnel and
Readiness.''.
(b) Conforming Amendments.--(1) Section 131 of such title
is amended--
(A) by striking paragraphs (2), (3), (4), and (5), and
inserting the following:
``(2) The Under Secretaries of Defense, as follows:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(B) The Under Secretary of Defense for Policy.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel and
Readiness.
``(E) The Under Secretary of Defense for Intelligence.'';
and
(B) by redesignating paragraphs (6), (7), (8), (9), (10),
and (11) as paragraphs (3), (4), (5), (6), (7), and (8),
respectively.
(2) The table of sections at the beginning of chapter 4 of
such title is amended--
(A) by striking the item relating to section 137 and
inserting the following:

``137. Under Secretary of Defense for Intelligence.'';
and
(B) by striking the item relating to section 139 and
inserting the following:

``139. Director of Research and Engineering.
``139a. Director of Operational Test and Evaluation.''.
(c) Executive Level III.--Section 5314 of title 5, United
States Code, is amended by inserting after ``Under Secretary
of Defense for Personnel and Readiness.'' the following:
``Under Secretary of Defense for Intelligence.''.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2003
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $2,500,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).

SEC. 1002. REALLOCATION OF AUTHORIZATIONS OF APPROPRIATIONS
FROM BALLISTIC MISSILE DEFENSE TO SHIPBUILDING.

(a) Amount.--Notwithstanding any other provision of this
Act, the total amount authorized to be appropriated under
section 201(4) is hereby reduced by $690,000,000, and the
amount authorized to be appropriated under section 102(a)(3)
is hereby increased by $690,000,000.
(b) Source of Reduction.--The total amount of the reduction
in the amount authorized to be appropriated under section
201(4) shall be derived from the amount provided under that
section for ballistic missile defense for research,
development, test, and evaluation.
(c) Allocation of Increase.--Of the additional amount
authorized to be appropriated under section 102(a)(3)
pursuant to subsection (a)--
(1) $415,000,000 shall be available for advance procurement
of a Virginia class submarine;
(2) $125,000,000 shall be available for advance procurement
of a DDG-51 class destroyer; and
(3) $150,000,000 shall be available for advance procurement
of an LPD-17 class amphibious transport dock.

SEC. 1003. AUTHORIZATION OF APPROPRIATIONS FOR CONTINUED
OPERATIONS FOR THE WAR ON TERRORISM.

(a) Amount.--(1) In addition to the amounts authorized to
be appropriated under divisions A

[[Page H5512]]

and B, funds are hereby authorized to be appropriated for
fiscal year 2003 (subject to subsection (b)) in the total
amount of $10,000,000,000 for the conduct of operations in
continuation of the war on terrorism in accordance with the
Authorization for Use of Military Force (Public Law 107-40;
50 U.S.C. 1541 note).
(2) The amount authorized to be appropriated under
paragraph (1) shall be available for increased operating
costs, transportation costs, costs of humanitarian efforts,
costs of special pays, costs of enhanced intelligence
efforts, increased personnel costs for members of the reserve
components ordered to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10, United
States Code, and other costs related to operations referred
to in paragraph (1).
(b) Authorization Contingent on Budget Request.--The
authorization of appropriations in subsection (a) shall be
effective only to the extent of the amount provided in a
budget request for the appropriation of funds for purposes
set forth in subsection (a) that is submitted by the
President to Congress after the date of the enactment of this
Act and--
(1) includes a designation of the requested amount as being
essential to respond to or protect against acts or threatened
acts of terrorism; and
(2) specifies a proposed allocation and plan for the use of
the appropriation for purposes set forth in subsection (a).

SEC. 1004. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2002.

Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2002 in the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107)
are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to
such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in
any law making supplemental appropriations for fiscal year
2002 that is enacted during the 107th Congress, second
session.

SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2003.

(a) Fiscal Year 2003 Limitation.--The total amount
contributed by the Secretary of Defense in fiscal year 2003
for the common-funded budgets of NATO may be any amount up
to, but not in excess of, the amount specified in subsection
(b) (rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998
baseline limitation).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2002, of funds appropriated for fiscal years
before fiscal year 2003 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
appropriated by titles II and III of this Act are available
for contributions for the common-funded budgets of NATO as
follows:
(1) Of the amount provided in section 201(1), $750,000 for
the Civil Budget.
(2) Of the amount provided in section 301(a)(1),
$205,623,000 for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the
North Atlantic Treaty Organization (and any successor or
additional account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.

SEC. 1006. DEVELOPMENT AND IMPLEMENTATION OF FINANCIAL
MANAGEMENT ENTERPRISE ARCHITECTURE.

(a) Requirement for Enterprise Architecture and Transition
Plan.--Not later than March 15, 2003, the Secretary of
Defense shall develop a proposed financial management
enterprise architecture for all budgetary, accounting,
finance, and data feeder systems of the Department of
Defense, together with a transition plan for implementing the
proposed enterprise architecture.
(b) Composition of Architecture.--The proposed financial
management enterprise architecture developed under subsection
(a) shall describe a system that, at a minimum--
(1) includes data standards and system interface
requirements that are to apply uniformly throughout the
Department of Defense;
(2) enables the Department of Defense--
(A) to comply with Federal accounting, financial
management, and reporting requirements;
(B) to routinely produce timely, accurate, and useful
financial information for management purposes;
(C) to integrate budget, accounting, and program
information and systems; and
(D) to provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
(c) Composition of Transition Plan.--The transition plan
developed under subsection (a) shall contain specific time-
phased milestones for modifying or eliminating existing
systems and for acquiring new systems necessary to implement
the proposed enterprise architecture.
(d) Expenditures for Implementation.--The Secretary of
Defense may not obligate more than $1,000,000 for a defense
financial system improvement on or after the enterprise
architecture approval date unless the Financial Management
Modernization Executive Committee determines that the defense
financial system improvement is consistent with the proposed
enterprise architecture and transition plan.
(e) Expenditures Pending Architecture Approval.--The
Secretary of Defense may not obligate more than $1,000,000
for a defense financial system improvement during the
enterprise architecture pre-approval period unless the
Financial Management Modernization Executive Committee
determines that the defense financial system improvement is
necessary--
(1) to achieve a critical national security capability or
address a critical requirement in an area such as safety or
security; or
(2) to prevent a significant adverse effect (in terms of a
technical matter, cost, or schedule) on a project that is
needed to achieve an essential capability, taking into
consideration in the determination the alternative solutions
for preventing the adverse effect.
(f) Comptroller General Review.--Not later than March 1 of
each of 2003, 2004, and 2005, the Comptroller General shall
submit to the congressional defense committees a report on
defense financial management system improvements that have
been undertaken during the previous year. The report shall
include the Comptroller General's assessment of the extent to
which the improvements comply with the requirements of this
section.
(g) Definitions.--In this section:
(1) The term ``defense financial system improvement''--
(A) means the acquisition of a new budgetary, accounting,
finance, or data feeder system for the Department of Defense,
or a modification of an existing budgetary, accounting,
finance, or data feeder system of the Department of Defense;
and
(B) does not include routine maintenance and operation of
any such system.
(2) The term ``enterprise architecture approval date''
means the date on which the Secretary of Defense approves a
proposed financial management enterprise architecture and a
transition plan that satisfy the requirements of this
section.
(3) The term ``enterprise architecture pre-approval
period'' means the period beginning on the date of the
enactment of this Act and ending on the day before the
enterprise architecture approval date.
(4) The term ``feeder system'' means a data feeder system
within the meaning of section 2222(c)(2) of title 10, United
States Code.
(5) The term ``Financial Management Modernization Executive
Committee'' means the Financial Management Modernization
Executive Committee established pursuant to section 185 of
title 10, United States Code.

SEC. 1007. DEPARTMENTAL ACCOUNTABLE OFFICIALS IN THE
DEPARTMENT OF DEFENSE.

(a) Designation and Accountability.--Chapter 165 of title
10, United States Code, is amended by inserting after section
2773 the following new section:

``Sec. 2773a. Departmental accountable officials

``(a) Designation.--The Secretary of Defense may designate,
in writing, as a departmental accountable official any
employee of the Department of Defense or any member of the
armed forces who--
``(1) has a duty to provide a certifying official of the
Department of Defense with information, data, or services
directly relied upon by the certifying official in the
certification of vouchers for payment; and
``(1) is not otherwise accountable under subtitle III of
title 31 or any other provision of law for payments made on
the basis of the vouchers.
``(b) Pecuniary Liability.--(1) The Secretary of Defense
may, in a designation of a departmental accountable official
under subsection (a), subject that official to pecuniary
liability, in the same manner and to the same extent as an
official accountable under subtitle III of title 31, for an
illegal, improper, or incorrect payment made pursuant to a
voucher certified by a certifying official of the Department
of Defense on the basis of information, data, or services
that--
``(A) the departmental accountable official provides to the
certifying official in the performance of a duty described in
subsection (a)(1); and
``(B) the certifying official directly relies upon in
certifying the voucher.
``(2) Any pecuniary liability imposed on a departmental
accountable official under this subsection for a loss to the
United States resulting from an illegal, improper, or
incorrect payment shall be joint and several with that of any
other employee or employees of the United States or member or
members of the uniformed services who are pecuniarily liable
for the loss.
``(c) Relief From Pecuniary Liability.--The Secretary of
Defense shall relieve a departmental accountable official
from pecuniary liability imposed under subsection (b) in the
case of a payment if the Secretary determines that the
payment was not a result of fault or negligence on the part
of the departmental accountable official.
``(d) Certifying Official Defined.--In this section, the
term `certifying official' means an employee who has the
responsibilities specified in section 3528(a) of title 31.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2773 the following new item:

``2773a. Departmental accountable officials.''.

[[Page H5513]]

SEC. 1008. DEPARTMENT-WIDE PROCEDURES FOR ESTABLISHING AND
LIQUIDATING PERSONAL PECUNIARY LIABILITY.

(a) Report of Survey Procedures.--(1) Chapter 165 of title
10, United States Code, is amended by inserting after section
2786 the following new section:

``Sec. 2787. Reports of survey

``(a) Regulations.--Under regulations prescribed pursuant
to subsection (c), any officer of the armed forces or any
civilian employee of the Department of Defense designated in
accordance with the regulations may act upon reports of
survey and vouchers pertaining to the loss, spoilage,
unserviceability, unsuitability, or destruction of, or damage
to, property of the United States under the control of the
Department of Defense.
``(b) Finality of Action.--(1) Action taken under
subsection (a) is final except as provided in paragraph (2).
``(2) An action holding a person pecuniarily liable for
loss, spoilage, destruction, or damage is not final until
approved by a person designated to do so by the Secretary of
a military department, commander of a combatant command, or
Director of a Defense Agency, as the case may be, who has
jurisdiction of the person held pecuniarily liable. The
person designated to provide final approval shall be an
officer of an armed force, or a civilian employee, under the
jurisdiction of the official making the designation.
``(c) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section.''.
(2) The table of sections at the beginning of chapter 165
of such title is amended by inserting after the item relating
to section 2786 the following new item:

``2787. Reports of survey.''.
(b) Damage or Repair of Arms and Equipment.--Section
1007(e) of title 37, United States Code, is amended by
striking ``Army or the Air Force'' and inserting ``Army,
Navy, Air Force, or Marine Corps''.
(c) Repeal of Superseded Provisions.--(1) Sections 4835 and
9835 of title 10, United States Code, are repealed.
(2) The tables of sections at the beginning of chapters 453
and 953 of such title are amended by striking the items
relating to sections 4835 and 9835, respectively.

SEC. 1009. TRAVEL CARD PROGRAM INTEGRITY.

(a) Authority.--Section 2784 of title 10, United States
Code, is amended by adding at the end the following new
subsections:
``(d) Disbursement of Allowances Directly to Creditors.--
(1) The Secretary of Defense may require that any part of the
travel or transportation allowances of an employee of the
Department of Defense or a member of the armed forces be
disbursed directly to the issuer of a Defense travel card if
the amount is disbursed to the issuer in payment of amounts
of expenses of official travel that are charged by the
employee or member on the Defense travel card.
``(2) For the purposes of this subsection, the travel and
transportation allowances referred to in paragraph (1) are
amounts to which an employee of the Department of Defense is
entitled under section 5702 of title 5 and or a member of the
armed forces is entitled section 404 of title 37.
``(e) Offsets for Delinquent Travel Card Charges.--(1) The
Secretary of Defense may require that there be deducted and
withheld from any pay payable to an employee of the
Department of Defense or a member of the armed forces any
amount that is owed by the employee or member to a creditor
by reason of one or more charges of expenses of official
travel of the employee or member on a Defense travel card
issued by the creditor if the employee or member--
``(A) is delinquent in the payment of such amount under the
terms of the contract under which the card is issued; and
``(B) does not dispute the amount of the delinquency.
``(2) The amount deducted and withheld from pay under
paragraph (1) with respect to a debt owed a creditor as
described in that paragraph shall be disbursed to the
creditor to reduce the amount of the debt.
``(3) The amount of pay deducted and withheld from the pay
owed to an employee or member with respect to a pay period
under paragraph (1) may not exceed 15 percent of the
disposable pay of the employee or member for that pay period,
except that a higher amount may be deducted and withheld with
the written consent of the employee or member.
``(4) The Secretary of Defense shall prescribe procedures
for deducting and withholding amounts from pay under this
subsection. The procedures shall be substantially equivalent
to the procedures under section 3716 of title 31.
``(f) Under Secretary of Defense (Comptroller).--The
Secretary of Defense shall act through the Under Secretary of
Defense (Comptroller) in carrying out this section.
``(g) Definitions.--In this section:
``(1) The term `Defense travel card' means a charge or
credit card that--
``(A) is issued to an employee of the Department of Defense
or a member of the armed forces under a contract entered into
by the Department of Defense and the issuer of the card; and
``(B) is to be used for charging expenses incurred by the
employee or member in connection with official travel.
``(2) The term `disposable pay', with respect to a pay
period, means the amount equal to the excess of the amount of
basic pay payable for the pay period over the total of the
amounts deducted and withheld from such pay.''.
(b) Conforming Amendment.--Subsection (a) of such section
is amended by striking ``, acting through the Under Secretary
of Defense (Comptroller),''.

SEC. 1010. CLEARANCE OF CERTAIN TRANSACTIONS RECORDED IN
TREASURY SUSPENSE ACCOUNTS AND RESOLUTION OF
CERTAIN CHECK ISSUANCE DISCREPANCIES.

(a) Clearing of Suspense Accounts.--(1) In the case of any
transaction that was entered into by or on behalf of the
Department of Defense before March 1, 2001, that is recorded
in the Department of Treasury Budget Clearing Account
(Suspense) designated as account F3875, the Unavailable Check
Cancellations and Overpayments (Suspense) designated as
account F3880, or an Undistributed Intergovernmental Payments
account designated as account F3885, and for which no
appropriation for the Department of Defense has been
identified--
(A) any undistributed collection credited to such account
in such case shall be deposited to the miscellaneous receipts
of the Treasury; and
(B) subject to paragraph (2), any undistributed
disbursement recorded in such account in such case shall be
canceled.
(2) An undistributed disbursement may not be canceled under
paragraph (1) until the Secretary of Defense has made a
written determination that the appropriate official or
officials of the Department of Defense have attempted without
success to locate the documentation necessary to demonstrate
which appropriation should be charged and further efforts are
not in the best interests of the United States.
(b) Resolution of Check Issuance Discrepancies.--(1) In the
case of any check drawn on the Treasury that was issued by or
on behalf of the Department of Defense before October 31,
1998, for which the Secretary of the Treasury has reported to
the Department of Defense a discrepancy between the amount
paid and the amount of the check as transmitted to the
Department of Treasury, and for which no specific
appropriation for the Department of Defense can be identified
as being associated with the check, the discrepancy shall be
canceled, subject to paragraph (2).
(2) A discrepancy may not be canceled under paragraph (1)
until the Secretary of Defense has made a written
determination that the appropriate official or officials of
the Department of Defense have attempted without success to
locate the documentation necessary to demonstrate which
appropriation should be charged and further efforts are not
in the best interests of the United States.
(c) Consultation.--The Secretary of Defense shall consult
the Secretary of the Treasury in the exercise of the
authority granted by subsections (a) and (b).
(d) Duration of Authority.--(1) A particular undistributed
disbursement may not be canceled under subsection (a) more
than 30 days after the date of the written determination made
by the Secretary of Defense under such subsection regarding
that undistributed disbursement.
(2) A particular discrepancy may not be canceled under
subsection (b) more than 30 days after the date of the
written determination made by the Secretary of Defense under
such subsection regarding that discrepancy.
(3) No authority may be exercised under this section after
the date that is two years after the date of the enactment of
this Act.

SEC. 1011. ADDITIONAL AMOUNT FOR BALLISTIC MISSILE DEFENSE OR
COMBATING TERRORISM IN ACCORDANCE WITH NATIONAL
SECURITY PRIORITIES OF THE PRESIDENT.

(a) Authorization of Appropriations.--In addition to other
amounts authorized to be appropriated by other provisions of
this division, there is hereby authorized to be appropriated
for the Department of Defense for fiscal year 2003,
$814,300,000 for whichever of the following purposes the
President determines that the additional amount is necessary
in the national security interests of the United States:
(1) Research, development, test, and evaluation for
ballistic missile defense programs of the Department of
Defense.
(2) Activities of the Department of Defense for combating
terrorism at home and abroad.
(b) Offset.--The total amount authorized to be appropriated
under the other provisions of this division is hereby reduced
by $814,300,000 to reflect the amounts that the Secretary
determines unnecessary by reason of a revision of assumptions
regarding inflation that are applied as a result of the
midsession review of the budget conducted by the Office of
Management and Budget during the spring and early summer of
2002.
(c) Priority for Allocating Funds.--In the expenditure of
additional funds made available by a lower rate of inflation,
the top priority shall be the use of such funds for
Department of Defense activities for protecting the American
people at home and abroad by combating terrorism at home and
abroad.

SEC. 1012. AVAILABILITY OF AMOUNTS FOR OREGON ARMY NATIONAL
GUARD FOR SEARCH AND RESCUE AND MEDICAL
EVACUATION MISSIONS IN ADVERSE WEATHER
CONDITIONS.

(a) Increase in Authorization of Appropriations for Army
Procurement.--The amount authorized to be appropriated by
section 101(1) for procurement for the Army for aircraft is
hereby increased by $3,000,000.
(b) Availability.--Of the amount authorized to be
appropriated by section 101(1) for procurement for the Army
for aircraft, as increased by subsection (a), $3,000,000
shall be available for the upgrade of three UH-60L Blackhawk
helicopters of the Oregon Army National Guard to the
capabilities of UH-60Q Search and Rescue model helicopters,
including Star Safire FLIR, Breeze-Eastern External Rescue
Hoist, and Air Methods COTS Medical Systems upgrades, in
order to improve the utility of such UH-60L Blackhawk
helicopters in search and rescue and medical evacuation
missions in adverse weather conditions.

[[Page H5514]]

(c) Increase in Authorization of Appropriations for
Military Personnel.--The amount authorized to be appropriated
by section 421 for military personnel is hereby increased by
$1,800,000.
(d) Availability.--Of the amount authorized to be
appropriated by section 421 for military personnel, as
increased by subsection (d), $1,800,000 shall be available
for up to 26 additional personnel for the Oregon Army
National Guard.
(e) Offset.--The amount authorized to be appropriated by
section 301(a)(1) for operation and maintenance for the Army
is hereby reduced by $4,800,000, with the amount of the
reduction to be allocated to Base Operations Support
(Servicewide Support).

Subtitle B--Naval Vessels and Shipyards

SEC. 1021. NUMBER OF NAVY SURFACE COMBATANTS IN ACTIVE AND
RESERVE SERVICE.

(a) Contingent Requirement for Report.--If, on the date of
the enactment of this Act, the total number of Navy ships
comprising the force of surface combatants is less than 116,
the Secretary of the Navy shall submit a report on the size
of that force to the Committees on Armed Services of the
Senate and the House of Representatives. The report shall be
submitted not later than 90 days after such date and shall
include a risk assessment for such force that is based on the
same assumptions as those that were applied in the QDR 2001
current force risk assessment.
(b) Limitation on Reduction.--The force of surface
combatants may not be reduced at any time after the date of
the enactment of this Act from a number of ships (whether
above, equal to, or below 116) to a number of ships below 116
before the date that is 90 days after the date on which the
Secretary of the Navy submits to the committees referred to
in subsection (a) a written notification of the reduction.
The notification shall include the following information:
(1) The schedule for the reduction.
(2) The number of ships that are to comprise the reduced
force of surface combatants.
(3) A risk assessment for the reduced force that is based
on the same assumptions as those that were applied in the QDR
2001 current force risk assessment.
(c) Preservation of Surge Capability.--Whenever the total
number of Navy ships comprising the force of surface
combatants is less than 116, the Secretary of the Navy shall
maintain on the Naval Vessel Register a sufficient number of
surface combatant ships to enable the Navy to regain a total
force of 116 surface combatant ships in active and reserve
service in the Navy within 120 days after the President
decides to increase the force of surface combatants.
(d) Definitions.--In this section:
(1) The term ``force of surface combatants'' means the
surface combatant ships in active and reserve service in the
Navy.
(2) The term ``QDR 2001 current force risk assessment''
means the risk assessment associated with a force of 116
surface combatant ships in active and reserve service in the
Navy that is set forth in the report on the quadrennial
defense review submitted to Congress on September 30, 2001,
under section 118 of title 10, United States Code.

SEC. 1022. PLAN FOR FIELDING THE 155-MILLIMETER GUN ON A
SURFACE COMBATANT.

(a) Requirement for Plan.--The Secretary of the Navy shall
submit to Congress a plan for fielding the 155-millimeter gun
on one surface combatant ship in active service in the Navy.
The Secretary shall submit the plan at the same time that the
President submits the budget for fiscal year 2004 to Congress
under section 1105(a) of title 31, United States Code.
(b) Fielding on Expedited Schedule.--The plan shall provide
for fielding the 155-millimeter gun on an expedited schedule
that is consistent with the achievement of safety of
operation and fire support capabilities meeting the fire
support requirements of the Marine Corps, but not later than
October 1, 2006.

SEC. 1023. REPORT ON INITIATIVES TO INCREASE OPERATIONAL DAYS
OF NAVY SHIPS.

(a) Requirement for Report on Initiatives.--(1) The Under
Secretary of Defense for Acquisition, Technology, and
Logistics shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
Department of Defense initiatives to increase the number of
operational days of Navy ships as described in subsection
(b).
(2) The report shall cover the ongoing Department of
Defense initiatives as well as potential initiatives that are
under consideration within the Department of Defense.
(b) Initiatives Within Limits of Existing Fleet and
Deployment Policy.--The Under Secretary shall, in the report,
assess the feasibility and identify the projected effects of
conducting initiatives that have the potential to increase
the number of operational days of Navy ships available to the
commanders-in-chief of the regional unified combatant
commands without increasing the number of Navy ships and
without increasing the routine lengths of deployments of Navy
ships above six months.
(c) Required Focus Areas.--The report shall, at a minimum,
address the following four focus areas:
(1) Assignment of additional ships, including submarines,
to home ports closer to the areas of operation for the ships
(known as ``forward homeporting'').
(2) Assignment of ships to remain in a forward area of
operations, together with rotation of crews for each ship so
assigned.
(3) Retention of ships for use until the end of the full
service life, together with investment of the funds necessary
to support retention to that extent.
(4) Prepositioning of additional ships with, under normal
circumstances, small crews in a forward area of operations.
(d) Time for Submittal.--The report shall be submitted at
the same time that the President submits the budget for
fiscal year 2004 to Congress under section 1105(a) of title
31, United States Code.

SEC. 1024. ANNUAL LONG-RANGE PLAN FOR THE CONSTRUCTION OF
SHIPS FOR THE NAVY.

(a) Findings.--Congress makes the following findings:
(1) Navy ships provide a forward presence for the United
States that is a key to the national defense of the United
States.
(2) The Navy has demonstrated that its ships contribute
significantly to homeland defense.
(3) The Navy's ship recapitalization plan is inadequate to
maintain the ship force structure that is described as the
current force in the 2001 Quadrennial Defense Review.
(4) The Navy is decommissioning ships as much as 10 years
earlier than the projected ship life upon which ship
replacement rates are based.
(5) The current force was assessed in the 2001 Quadrennial
Defense Review as having moderate to high risk, depending on
the scenario considered.
(b) Annual Ship Construction Plan.--(1) Chapter 9 of title
10, United States Code, is amended by adding at the end the
following new section:

``Sec. 231. Annual ship construction plan

``(a) Annual Ship Construction Plan.--The Secretary of
Defense shall include in the defense budget materials for
each fiscal year a plan for the construction of combatant and
support ships for the Navy that--
``(1) supports the National Security Strategy; or
``(2) if there is no National Security Strategy in effect,
supports the ship force structure called for in the report of
the latest Quadrennial Defense Review.
``(b) Content.--The ship construction plan included in the
defense budget materials for a fiscal year shall provide in
detail for the construction of combatant and support ships
for the Navy over the 30 consecutive fiscal years beginning
with the fiscal year covered by the defense budget materials
and shall include the following matters:
``(1) A description of the necessary ship force structure
of the Navy.
``(2) The estimated levels of funding necessary to carry
out the plan, together with a discussion of the procurement
strategies on which such estimated funding levels are based.
``(3) A certification by the Secretary of Defense that both
the budget for the fiscal year covered by the defense budget
materials and the future-years defense program submitted to
Congress in relation to such budget under section 221 of this
title provide for funding ship construction for the Navy at a
level that is sufficient for the procurement of the ships
provided for in the plan on schedule.
``(4) If the budget for the fiscal year provides for
funding ship construction at a level that is not sufficient
for the recapitalization of the force of Navy ships at the
annual rate necessary to sustain the force, an assessment
(coordinated with the commanders of the combatant commands in
advance) that describes and discusses the risks associated
with the reduced force structure that will result from
funding ship construction at such insufficient level.
``(c) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for such fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for such
fiscal year.
``(3) The term `Quadrennial Defense Review' means the
Quadrennial Defense Review that is carried out under section
118 of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``231. Annual ship construction plan.''.

Subtitle C--Reporting Requirements

SEC. 1031. REPEAL AND MODIFICATION OF VARIOUS REPORTING
REQUIREMENTS APPLICABLE WITH RESPECT TO THE
DEPARTMENT OF DEFENSE.

(a) Provisions of Title 10.--Title 10, United States Code,
is amended as follows:
(1)(A) Section 183 is repealed.
(B) The table of sections at the beginning of chapter 7 is
amended by striking the item relating to section 183.
(2)(A) Sections 226 and 230 are repealed.
(B) The table of sections at the beginning of chapter 9 is
amended by striking the items relating to sections 226 and
230.
(3) Effective two years after the date of the enactment of
this Act--
(A) section 483 is repealed; and
(B) the table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 483.
(4) Section 526 is amended by striking subsection (c).
(5) Section 721(d) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' before ``If an officer''.
(6) Section 1095(g) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after ``(g)''.
(7) Section 1798 is amended by striking subsection (d).
(8) Section 1799 is amended by striking subsection (d).
(9) Section 2220 is amended--
(A) by striking subsections (b) and (c);
(B) by striking ``(1)'' after ``Establishment of Goals.--
''; and

[[Page H5515]]

(C) by striking ``(2) The'' and inserting ``(b) Evaluation
of Cost Goals.--The''.
(10) Section 2350a(g) is amended by striking paragraph (4).
(11) Section 2350f is amended by striking subsection (c).
(12) Section 2350k is amended by striking subsection (d).
(13) Section 2367(d) is amended by striking ``Effort.--(1)
In the'' and all that follows through ``(2) After the close
of'' and inserting ``Effort.--After the close of''.
(14) Section 2391 is amended by striking subsection (c).
(15) Section 2486(b)(12) is amended by striking ``, except
that'' and all that follows and inserting the following: ``,
except that the Secretary shall notify Congress of any
addition of, or change in, a merchandise category under this
paragraph.''.
(16) Section 2492 is amended by striking subsection (c) and
inserting the following:
``(c) Notification of Conditions Necessitating
Restrictions.--The Secretary of Defense shall notify Congress
of any change proposed or made to any of the host nation laws
or any of the treaty obligations of the United States, and
any changed conditions within host nations, if the change
would necessitate the use of quantity or other restrictions
on purchases in commissary and exchange stores located
outside the United States.''.
(17)(A) Section 2504 is repealed.
(B) The table of sections at the beginning of subchapter II
of chapter 148 is amended by striking the item relating to
section 2504.
(18) Section 2506--
(A) is amended by striking subsection (b); and
(B) by striking ``(a) Departmental Guidance.--''.
(19) Section 2537(a) is amended by striking ``$100,000''
and inserting ``$10,000,000''.
(20) Section 2611 is amended by striking subsection (e).
(21) Section 2667(d) is amended by striking paragraph (3).
(22) Section 2813 is amended by striking subsection (c).
(23) Section 2827 is amended--
(A) by striking subsection (b); and
(B) by striking ``(a) Subject to subsection (b), the
Secretary'' and inserting ``The Secretary''.
(24) Section 2867 is amended by striking subsection (c).
(25) Section 4416 is amended by striking subsection (f).
(26) Section 5721(f) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after the subsection heading.
(b) National Defense Authorization Act for Fiscal Year
1995.--Section 553(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2772;
10 U.S.C. 4331 note) is amended by striking the last
sentence.
(c) Ballistic Missile Defense Act of 1995.--Section 234 of
the Ballistic Missile Defense Act of 1995 (subtitle C of
title II of Public Law 104-106; 10 U.S.C. 2431 note) is
amended by striking subsection (f).

SEC. 1032. ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND
DEEPLY BURIED TARGETS.

(a) Annual Report.--Not later than April 1, 2003, and each
year thereafter, the Secretary of Defense, Secretary of
Energy, and Director of Central Intelligence shall jointly
submit to the congressional defense committees a report on
the research and development activities undertaken by their
respective agencies during the preceding fiscal year to
develop a weapon to defeat hardened and deeply buried
targets.
(b) Report Elements.--The report for a fiscal year under
subsection (a) shall--
(1) include a discussion of the integration and
interoperability of the various programs to develop a weapon
referred to in that subsection that were undertaken during
such fiscal year, including a discussion of the relevance of
such programs to applicable decisions of the Joint
Requirements Oversight Council; and
(2) set forth separately a description of the research and
development activities, if any, to develop a weapon referred
to in that subsection that were undertaken during such fiscal
year by each military department, the Department of Energy,
and the Central Intelligence Agency.

SEC. 1033. REVISION OF DATE OF ANNUAL REPORT ON
COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.

Section 1503(a) of the National Defense Authorization Act
for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended by
striking ``February 1 of each year'' and inserting ``May 1
each year''.

SEC. 1034. QUADRENNIAL QUALITY OF LIFE REVIEW.

(a) Requirement for Review.--Chapter 23 of title 10, United
States Code, is amended by adding at the end the following
new section:

``Sec. 488. Quadrennial quality of life review

``(a) Review Required.--(1) The Secretary of Defense shall
every four years, two years after the submission of the
quadrennial defense review to Congress under section 118 of
this title, conduct a comprehensive examination of the
quality of life of the members of the armed forces (to be
known as the `quadrennial quality of life review'). The
review shall include examination of the programs, projects,
and activities of the Department of Defense, including the
morale, welfare, and recreation activities.
``(2) The quadrennial review shall be designed to result in
determinations, and to foster policies and actions, that
reflect the priority given the quality of life of members of
the armed forces as a primary concern of the Department of
Defense leadership.
``(b) Conduct of Review.--Each quadrennial quality of life
review shall be conducted so as--
``(1) to assess quality of life priorities and issues
consistent with the most recent National Security Strategy
prescribed by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a);
``(2) to identify actions that are needed in order to
provide members of the armed forces with the quality of life
reasonably necessary to encourage the successful execution of
the full range of missions that the members are called on to
perform under the national security strategy;
``(3) to provide a full accounting of the backlog of
installations in need of maintenance and repair, to determine
how the disrepair affects performance and quality of life of
members and their families, and to identify the budget plan
that would be required to provide the resources necessary to
remedy the backlog of maintenance and repair; and
``(4) to identify other actions that have the potential for
improving the quality of life of the members of the armed
forces.
``(c) Considerations.--Among the matters considered by the
Secretary in conducting the quadrennial review, the Secretary
shall include the following matters:
``(1) Infrastructure.
``(2) Military construction.
``(3) Physical conditions at military installations and
other Department of Defense facilities.
``(4) Budget plans.
``(5) Adequacy of medical care for members of the armed
forces and their dependents.
``(6) Adequacy of housing and the basic allowance for
housing and basic allowance for subsistence.
``(7) Housing-related utility costs.
``(8) Educational opportunities and costs.
``(9) Length of deployments.
``(10) Rates of pay, and pay differentials between the pay
of members and the pay of civilians.
``(11) Retention and recruiting efforts.
``(12) Workplace safety.
``(13) Support services for spouses and children.
``(14) Other elements of Department of Defense programs and
Federal Government policies and programs that affect the
quality of life of members.
``(d) Submission of QQLR to Congressional Committees.--The
Secretary shall submit a report on each quadrennial quality
of life review to the Committees on Armed Services of the
Senate and the House of Representatives. The report shall be
submitted not later than September 30 of the year in which
the review is conducted. The report shall include the
following:
``(1) The results of the review, including a comprehensive
discussion of how the quality of life of members of the armed
forces affects the national security strategy of the United
States.
``(2) The long-term quality of life problems of the armed
forces, together with proposed solutions.
``(3) The short-term quality of life problems of the armed
forces, together with proposed solutions.
``(4) The assumptions used in the review.
``(5) The effects of quality of life problems on the morale
of the members of the armed forces.
``(6) The quality of life problems that affect the morale
of members of the reserve components in particular, together
with solutions.
``(7) The effects of quality of life problems on military
preparedness and readiness.
``(8) The appropriate ratio of--
``(A) the total amount expended by the Department of
Defense in a fiscal year for programs, projects, and
activities designed to improve the quality of life of members
of the armed forces, to
``(B) the total amount expended by the Department of
Defense in the fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``488. Quadrennial quality of life review.''.

SEC. 1035. REPORTS ON EFFORTS TO RESOLVE WHEREABOUTS AND
STATUS OF CAPTAIN MICHAEL SCOTT SPEICHER,
UNITED STATES NAVY.

(a) Reports.-- Not later than 60 days after the date of the
enactment of this Act, and every 90 days thereafter, the
Secretary of Defense shall, in consultation with the
Secretary of State and the Director of Central Intelligence,
submit to Congress a report on the efforts of the United
States Government to determine the whereabouts and status of
Captain Michael Scott Speicher, United States Navy.
(b) Period Covered by Reports.--The first report under
subsection (a) shall cover efforts described in that
subsection preceding the date of the report, and each
subsequent report shall cover efforts described in that
subsection during the 90-day period ending on the date of
such report.
(c) Report Elements.--Each report under subsection (a)
shall describe, for the period covered by such report--
(1) all direct and indirect contacts with the Government of
Iraq, or any successor government, regarding the whereabouts
and status of Michael Scott Speicher;
(2) any request made to the government of another country,
including the intelligence service of such country, for
assistance in resolving the whereabouts and status of Michael
Scott Speicher, including the response to such request;
(3) each current lead on the whereabouts and status of
Michael Scott Speicher, including an assessment of the
utility of such lead in resolving the whereabouts and status
of Michael Scott Speicher; and
(4) any cooperation with nongovernmental organizations or
international organizations in resolving the whereabouts and
status of Michael Scott Speicher, including the results of
such cooperation.
(d) Form of Reports.--Each report under subsection (a)
shall be submitted in classified form, but may include an
unclassified summary.

[[Page H5516]]

SEC. 1036. REPORT ON EFFORTS TO ENSURE ADEQUACY OF FIRE
FIGHTING STAFFS AT MILITARY INSTALLATIONS.

Not later than Mary 31, 2003, the Secretary of Defense
shall submit to Congress a report on the actions being
undertaken to ensure that the fire fighting staffs at
military installations are adequate under applicable
Department of Defense regulations.

SEC. 1037. REPORT ON DESIGNATION OF CERTAIN LOUISIANA HIGHWAY
AS DEFENSE ACCESS ROAD.

Not later than March 1, 2003, the Secretary of the Army
shall submit to the congressional defense committees a report
containing the results of a study on the advisability of
designating Louisiana Highway 28 between Alexandria,
Louisiana, and Leesville, Louisiana, a road providing access
to the Joint Readiness Training Center, Louisiana, and to
Fort Polk, Louisiana, as a defense access road for purposes
of section 210 of title 23, United States Code.

SEC. 1038. PLAN FOR FIVE-YEAR PROGRAM FOR ENHANCEMENT OF
MEASUREMENT AND SIGNATURES INTELLIGENCE
CAPABILITIES.

(a) Finding.--Congress finds that the national interest
will be served by the rapid exploitation of basic research on
sensors for purposes of enhancing the measurement and
signatures intelligence (MASINT) capabilities of the Federal
Government.
(b) Plan for Program.--(1) Not later than March 30, 2003,
the Director of the Central Measurement and Signatures
Intelligence Office shall submit to Congress a plan for a
five-year program of research intended to provide for the
incorporation of the results of basic research on sensors
into the measurement and signatures intelligence systems
fielded by the Federal Government, including the review and
assessment of basic research on sensors for that purpose.
(2) Activities under the plan shall be carried out by a
consortium consisting of such governmental and non-
governmental entities as the Director considers appropriate
for purposes of incorporating the broadest practicable range
of sensor capabilities into the systems referred to in
paragraph (1). The consortium may include national
laboratories, universities, and private sector entities.
(3) The plan shall include a proposal for the funding of
activities under the plan, including cost-sharing by non-
governmental participants in the consortium under paragraph
(2).

SEC. 1039. REPORT ON VOLUNTEER SERVICES OF MEMBERS OF THE
RESERVE COMPONENTS IN EMERGENCY RESPONSE TO THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

(a) Requirement for Report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
volunteer services described in subsection (b) that were
provided by members of the National Guard and other reserve
components of the Armed Forces, while not in a duty status
pursuant to orders, during the period of September 11 through
14, 2001. The report shall include a discussion of any
personnel actions that the Secretary considers appropriate
for the members regarding the performance of such services.
(b) Covered Services.--The volunteer services referred to
in subsection (a) are as follows:
(1) Volunteer services provided in the vicinity of the site
of the World Trade Center, New York, New York, in support of
emergency response to the terrorist attack on the World Trade
Center on September 11, 2001.
(2) Volunteer services provided in the vicinity of the
Pentagon in support of emergency response to the terrorist
attack on the Pentagon on September 11, 2001.

SEC. 1040. BIANNUAL REPORTS ON CONTRIBUTIONS TO PROLIFERATION
OF WEAPONS OF MASS DESTRUCTION AND DELIVERY
SYSTEMS BY COUNTRIES OF PROLIFERATION CONCERN.

(a) Reports.--Not later than six months after the date of
the enactment of this Act, and every six months thereafter,
the President shall submit to Congress a report identifying
each foreign person that, during the six-month period ending
on the date of such report, made a material contribution to
the development by a country of proliferation concern of--
(1) nuclear, biological, or chemical weapons; or
(2) ballistic or cruise missile systems.
(b) Form of Submittal.--(1) A report under subsection (a)
may be submitted in classified form, whether in whole or in
part, if the President determines that submittal in that form
is advisable.
(2) Any portion of a report under subsection (a) that is
submitted in classified form shall be accompanied by an
unclassified summary of such portion.
(c) Definitions.--In this section:
(1) The term ``foreign person'' means--
(A) a natural person that is an alien;
(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
(C) any foreign governmental entity operating as a business
enterprise; and
(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (B) or (C).
(2) The term ``country of proliferation concern'' means any
country identified by the Director of Central Intelligence as
having engaged in the acquisition of dual-use and other
technology useful for the development or production of
weapons of mass destruction (including nuclear, chemical, and
biological weapons) and advanced conventional munitions in
the most current report under section 721 of the Combatting
Proliferation of Weapons of Mass Destruction Act of 1996
(title VII of Public Law 104-293; 50 U.S.C. 2366), or any
successor report on the acquisition by foreign countries of
dual-use and other technology useful for the development or
production of weapons of mass destruction.

Subtitle D--Homeland Defense

SEC. 1041. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL
GUARD.

(a) Authority.--Chapter 1 of title 32, United States Code,
is amended by adding at the end the following new section:

``Sec. 116. Homeland security activities

``(a) Use of Personnel Performing Full-Time National Guard
Duty.--The Governor of a State may, upon the request by the
head of a Federal law enforcement agency and with the
concurrence of the Secretary of Defense, order any personnel
of the National Guard of the State to perform full-time
National Guard duty under section 502(f) of this title for
the purpose of carrying out homeland security activities, as
described in subsection (b).
``(b) Purpose and Duration.--(1) The purpose for the use of
personnel of the National Guard of a State under this section
is to temporarily provide trained and disciplined personnel
to a Federal law enforcement agency to assist that agency in
carrying out homeland security activities until that agency
is able to recruit and train a sufficient force of Federal
employees to perform the homeland security activities.
``(2) The duration of the use of the National Guard of a
State under this section shall be limited to a period of 179
days. The Governor of the State may, with the concurrence of
the Secretary of Defense, extend the period one time for an
additional 90 days to meet extraordinary circumstances.
``(c) Relationship to Required Training.--A member of the
National Guard serving on full-time National Guard duty under
orders authorized under subsection (a) shall participate in
the training required under section 502(a) of this title in
addition to the duty performed for the purpose authorized
under that subsection. The pay, allowances, and other
benefits of the member while participating in the training
shall be the same as those to which the member is entitled
while performing duty for the purpose of carrying out
homeland security activities. The member is not entitled to
additional pay, allowances, or other benefits for
participation in training required under section 502(a)(1) of
this title.
``(d) Readiness.--To ensure that the use of units and
personnel of the National Guard of a State for homeland
security activities does not degrade the training and
readiness of such units and personnel, the following
requirements shall apply in determining the homeland security
activities that units and personnel of the National Guard of
a State may perform:
``(1) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere
with the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(2) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(3) The performance of the activities will not result in
a significant increase in the cost of training.
``(4) In the case of homeland security performed by a unit
organized to serve as a unit, the activities will support
valid unit training requirements.
``(e) Payment of Costs.--(1) The Secretary of Defense shall
provide funds to the Governor of a State to pay costs of the
use of personnel of the National Guard of the State for the
performance of homeland security activities under this
section. Such funds shall be used for the following costs:
``(A) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses (including all
associated training expenses, as determined by the
Secretary), as authorized by State law, of personnel of the
National Guard of that State used, while not in Federal
service, for the purpose of homeland security activities.
``(B) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of homeland security activities.
``(2) The Secretary of Defense shall require the head of a
law enforcement agency receiving support from the National
Guard of a State in the performance of homeland security
activities under this section to reimburse the Department of
Defense for the payments made to the State for such support
under paragraph (1).
``(f) Memorandum of Agreement.--The Secretary of Defense
and the Governor of a State shall enter into a memorandum of
agreement with the head of each Federal law enforcement
agency to which the personnel of the National Guard of that
State are to provide support in the performance of homeland
security activities under this section. The memorandum of
agreement shall--
``(1) specify how personnel of the National Guard are to be
used in homeland security activities;
``(2) include a certification by the Adjutant General of
the State that those activities are to be performed at a time
when the personnel are not in Federal service;
``(3) include a certification by the Adjutant General of
the State that--
``(A) participation by National Guard personnel in those
activities is service in addition to training required under
section 502 of this title; and
``(B) the requirements of subsection (d) of this section
will be satisfied;
``(4) include a certification by the Attorney General of
the State (or, in the case of a State

[[Page H5517]]

with no position of Attorney General, a civilian official of
the State equivalent to a State attorney general), that the
use of the National Guard of the State for the activities
provided for under the memorandum of agreement is authorized
by, and is consistent with, State law;
``(5) include a certification by the Governor of the State
or a civilian law enforcement official of the State
designated by the Governor that the activities provided for
under the memorandum of agreement serve a State law
enforcement purpose; and
``(6) include a certification by the head of the Federal
law enforcement agency that the agency will have a plan to
ensure that the agency's requirement for National Guard
support ends not later than 179 days after the commencement
of the support.
``(g) Exclusion From End-Strength Computation.--
Notwithstanding any other provision of law, members of the
National Guard on active duty or full-time National Guard
duty for the purposes of administering (or during fiscal year
2003 otherwise implementing) this section shall not be
counted toward the annual end strength authorized for
reserves on active duty in support of the reserve components
of the armed forces or toward the strengths authorized in
sections 12011 and 12012 of title 10.
``(h) Annual Report.--The Secretary of Defense shall submit
to Congress an annual report regarding any assistance
provided and activities carried out under this section during
the preceding fiscal year. The report shall include the
following:
``(1) The number of members of the National Guard excluded
under subsection (g) from the computation of end strengths.
``(2) A description of the homeland security activities
conducted with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard
to perform homeland security activities under this section.
``(i) Statutory Construction.--Nothing in this section
shall be construed as a limitation on the authority of any
unit of the National Guard of a State, when such unit is not
in Federal service, to perform law enforcement functions
authorized to be performed by the National Guard by the laws
of the State concerned.
``(j) Definitions.--For purposes of this section:
``(1) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or
a territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such section is amended by adding at the end the
following new item:

``116. Homeland security activities.''.

SEC. 1042. CONDITIONS FOR USE OF FULL-TIME RESERVES TO
PERFORM DUTIES RELATING TO DEFENSE AGAINST
WEAPONS OF MASS DESTRUCTION.

Section 12310(c)(3) of title 10, United States Code, is
amended by striking ``only--'' and all that follows through
``(B) while assigned'' and inserting ``only while assigned''.

SEC. 1043. WEAPON OF MASS DESTRUCTION DEFINED FOR PURPOSES OF
THE AUTHORITY FOR USE OF RESERVES TO PERFORM
DUTIES RELATING TO DEFENSE AGAINST WEAPONS OF
MASS DESTRUCTION.

(a) Weapon of Mass Destruction Redefined.--Section
12304(i)(2) of title 10, United States Code, is amended to
read as follows:
``(2) The term `weapon of mass destruction' means--
``(A) any weapon that is designed or, through its use, is
intended to cause death or serious bodily injury through the
release, dissemination, or impact of toxic or poisonous
chemicals or their precursors;
``(B) any weapon that involves a disease organism;
``(C) any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life; and
``(D) any large conventional explosive that is designed to
produce catastrophic loss of life or property.''.
(b) Conforming Amendment.--Section 12310(c)(1) of such
title is amended by striking ``section 1403 of the Defense
Against Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2302(1))'' and inserting ``section 12304(i)(2) of this
title''.

SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE HOMELAND DEFENSE
ACTIVITIES.

(a) Report Required.--Not later than February 1, 2003, the
Secretary of Defense shall submit to the congressional
defense committees a report on what actions of the Department
of Defense would be necessary to carry out the Secretary's
expressed intent--
(1) to place new emphasis on the unique operational demands
associated with the defense of the United States homeland;
and
(2) to restore the mission of defense of the United States
to the position of being the primary mission of the
Department of Defense.
(b) Content of the Report.--The report shall contain, in
accordance with the other provisions of this section, the
following matters:
(1) Homeland defense campaign plan.--A homeland defense
campaign plan.
(2) Intelligence.--A discussion of the relationship
between--
(A) the intelligence capabilities of--
(i) the Department of Defense; and
(ii) other departments and agencies of the United States;
and
(B) the performance of the homeland defense mission.
(3) Threat and vulnerability assessment.--A compliance-
based national threat and vulnerability assessment.
(4) Training and exercising.--A discussion of the
Department of Defense plans for training and exercising for
the performance of the homeland defense mission.
(5) Bioterrorism initiative.--An evaluation of the need for
a Department of Defense bioterrorism initiative to improve
the ability of the department to counter bioterror threats
and to assist other agencies to improve the national ability
to counter bioterror threats.
(6) Chemical biological incident response teams.--An
evaluation of the need for and feasibility of developing and
fielding Department of Defense regional chemical biological
incident response teams.
(7) Other matters.--Any other matters that the Secretary of
Defense considers relevant regarding the efforts necessary to
carry out the intent referred to in subsection (a).
(c) Homeland Defense Campaign Plan.--
(1) Organization, planning, and interoperability.--
(A) In general.--The homeland defense campaign plan under
subsection (b)(1) shall contain a discussion of the
organization and planning of the Department of Defense for
homeland defense, including the expectations for
interoperability of the Department of Defense with other
departments and agencies of the Federal Government and with
State and local governments.
(B) Content.--The plan shall include the following matters:
(i) The duties, definitions, missions, goals, and
objectives of organizations in the Department of Defense that
apply homeland defense, together with an organizational
assessment with respect to the performance of the homeland
defense mission and a discussion of any plans for making
functional realignments of organizations, authorities, and
responsibilities for carrying out that mission.
(ii) The relationships among the leaders of the
organizations (including the Secretary of Defense, the Joint
Chiefs of Staff, the Commander in Chief of United States
Northern Command, the Commanders in Chief of the other
regional unified combatant commands, and the reserve
components) in the performance of such duties.
(iii) The reviews, evaluations, and standards that are
established or are to be established for determining and
ensuring the readiness of the organizations to perform such
duties.
(2) Response to attack on critical infrastructure.--
(A) In general.--The homeland defense campaign plan shall
contain an outline of the duties and capabilities of the
Department of Defense for responding to an attack on critical
infrastructure of the United States, including responding to
an attack on critical infrastructure of the department, by
means of a weapon of mass destruction or a CBRNE weapon or by
a cyber means.
(B) Various attack scenarios.--The outline shall specify,
for each major category of attack by a means described in
subparagraph (A), the variations in the duties, responses,
and capabilities of the various Department of Defense
organizations that result from the variations in the means of
the attack.
(C) Deficiencies.--The outline shall identify any
deficiencies in capabilities and set forth a plan for
rectifying any such deficiencies.
(D) Legal impediments.--The outline shall identify and
discuss each impediment in law to the effective performance
of the homeland defense mission.
(3) Roles and responsibilities in interagency process.--
(A) In general.--The homeland defense campaign plan shall
contain a discussion of the roles and responsibilities of the
Department of Defense in the interagency process of
policymaking and planning for homeland defense.
(B) Integration with state and local activities.--The
homeland defense campaign plan shall include a discussion of
Department of Defense plans to integrate Department of
Defense homeland defense activities with the homeland defense
activities of other departments and agencies of the United
States and the homeland defense activities of State and local
governments, particularly with regard to issues relating to
CBRNE and cyber attacks.
(d) Intelligence Capabilities.--The discussion of the
relationship between the intelligence capabilities and the
performance of the homeland defense mission under subsection
(b)(2) shall include the following matters:
(1) Roles and missions.--The roles and missions of the
Department of Defense for the employment of the intelligence
capabilities of the department in homeland defense.
(2) Interagency relationships.--A discussion of the
relationship between the Department of Defense and the other
departments and agencies of the United States that have
duties for collecting or analyzing intelligence in relation
to homeland defense, particularly in light of the conflicting
demands of duties relating to the collection and analysis of
domestic intelligence and duties relating to the collection
and analysis of foreign intelligence.
(3) Intelligence-related changes.--Any changes that are
necessary in the Department of Defense in order to provide
effective intelligence support for the performance of
homeland defense missions, with respect to--
(A) the preparation of threat assessments and other warning
products by the Department of Defense;
(B) collection of terrorism-related intelligence through
human intelligence sources, signals intelligence sources, and
other intelligence sources; and
(C) intelligence policy, capabilities, and practices.
(4) Legal impediments.--Any impediments in law to the
effective performance of intelligence missions in support of
homeland defense.

[[Page H5518]]

(e) Threat and Vulnerability Assessment.--
(1) Content.--The compliance-based national threat and
vulnerability assessment under subsection (b)(3) shall
include a discussion of the following matters:
(A) Critical facilities.--The threat of terrorist attack on
critical facilities, programs, and systems of the United
States, together with the capabilities of the Department of
Defense to deter and respond to any such attack.
(B) DoD vulnerability.--The vulnerability of installations,
facilities, and personnel of the Department of Defense to
attack by persons using weapons of mass destruction, CBRNE
weapons, or cyber means.
(C) Balanced survivability assessment.--Plans to conduct a
balanced survivability assessment for use in determining the
vulnerabilities of targets referred to in subparagraphs (A)
and (B).
(D) Process.--Plans, including timelines and milestones,
necessary to develop a process for conducting compliance-
based vulnerability assessments for critical infrastructure,
together with the standards to be used for ensuring that the
process is executable.
(2) Definition of compliance-based.--In subsection (b)(3)
and paragraph (1)(D) of this subsection, the term
``compliance-based'', with respect to an assessment, means
that the assessment is conducted under policies and
procedures that require correction of each deficiency
identified in the assessment to a standard set forth in
Department of Defense Instruction 2000.16 or another
applicable Department of Defense instruction, directive, or
policy.
(f) Training and Exercising.--The discussion of the
Department of Defense plans for training and exercising for
the performance of the homeland defense mission under
subsection (b)(4) shall contain the following matters:
(1) Military education.--The plans for the training and
education of members of the Armed Forces specifically for
performance of homeland defense missions, including any
anticipated changes in the curriculum in--
(A) the National Defense University, the war colleges of
the Armed Forces, graduate education programs, and other
senior military schools and education programs; and
(B) the Reserve Officers' Training Corps program, officer
candidate schools, enlisted and officer basic and advanced
individual training programs, and other entry level military
education and training programs.
(2) Exercises.--The plans for using exercises and
simulation in the training of all components of the Armed
Forces, including--
(A) plans for integrated training with departments and
agencies of the United States outside the Department of
Defense and with agencies of State and local governments; and
(B) plans for developing an opposing force that, for the
purpose of developing potential scenarios of terrorist
attacks on targets inside the United States, simulates a
terrorist group having the capability to engage in such
attacks.
(g) Bioterrorism Initiative.--The evaluation of the need
for a Department of Defense bioterrorism initiative under
subsection (b)(5) shall include a discussion that identifies
and evaluates options for potential action in such an
initiative, as follows:
(1) Planning, training, exercise, evaluation, and
funding.--Options for--
(A) refining the plans of the Department of Defense for
biodefense to include participation of other departments and
agencies of the United States and State and local
governments;
(B) increasing biodefense training, exercises, and
readiness evaluations by the Department of Defense, including
training, exercises, and evaluations that include
participation of other departments and agencies of the United
States and State and local governments;
(C) increasing Department of Defense funding for
biodefense; and
(D) integrating other departments and agencies of the
United States and State and local governments into the plans,
training, exercises, evaluations, and resourcing.
(2) Disease surveillance.--Options for the Department of
Defense to develop an integrated disease surveillance
detection system and to improve systems for communicating
information and warnings of the incidence of disease to
recipients within the Department of Defense and to other
departments and agencies of the United States and State and
local governments.
(3) Emergency management standard.--Options for broadening
the scope of the Revised Emergency Management Standard of the
Joint Commission on Accreditation of Healthcare Organizations
by including the broad and active participation of Federal,
State, and local governmental agencies that are expected to
respond in any event of a CBRNE or cyber attack.
(4) Laboratory response network.--Options for the
Department of Defense--
(A) to participate in the laboratory response network for
bioterrorism; and
(B) to increase the capacity of Department of Defense
laboratories rated by the Secretary of Defense as level D
laboratories to facilitate participation in the network.
(h) Chemical Biological Incident Response Teams.--The
evaluation of the need for and feasibility of developing and
fielding Department of Defense regional chemical biological
incident response teams under subsection (b)(6) shall include
a discussion and evaluation of the following options:
(1) Regional teams.--Options for the Department of Defense,
using the chemical biological incident response force as a
model, to develop, equip, train, and provide transportation
for five United States based, strategically located, regional
chemical biological incident response teams.
(2) Resourcing.--Options and preferred methods for
providing the resources and personnel necessary for
developing and fielding any such teams.
(i) Definitions.--In this section:
(1) CBRNE.--The term ``CBRNE'' means chemical, biological,
radiological, nuclear, or explosive.
(2) Weapon of mass destruction.--The term ``weapon of mass
destruction'' has the meaning given such term in section 1403
of the Defense Against Weapons of Mass Destruction Act of
1996 (50 U.S.C. 2302).

SEC. 1045. STRATEGY FOR IMPROVING PREPAREDNESS OF MILITARY
INSTALLATIONS FOR INCIDENTS INVOLVING WEAPONS
OF MASS DESTRUCTION.

(a) Comprehensive Plan.--The Secretary of Defense shall
develop a comprehensive plan for improving the preparedness
of military installations for preventing and responding to
incidents involving use or threat of use of weapons of mass
destruction.
(b) Content.--The comprehensive plan shall set forth the
following:
(1) A strategy that--
(A) identifies--
(i) long-term goals and objectives;
(ii) resource requirements; and
(iii) factors beyond the control of the Secretary that
could impede the achievement of the goals and objectives; and
(B) includes a discussion of--
(i) the extent to which local, regional, or national
military response capabilities are to be developed and used;
and
(ii) how the Secretary will coordinate these capabilities
with local, regional, or national civilian capabilities.
(2) A performance plan that--
(A) provides a reasonable schedule, with milestones, for
achieving the goals and objectives of the strategy;
(B) performance criteria for measuring progress in
achieving the goals and objectives;
(C) a description of the process, together with a
discussion of the resources, necessary to achieve the goals
and objectives;
(D) a description of the process for evaluating results.
(c) Submittal to Congress.--The Secretary shall submit the
comprehensive plan to the Committees on Armed Services of the
Senate and the House of Representatives not later than 180
days after the date of the enactment of this Act.
(d) Comptroller General Review and Report.--Not later than
60 days after the Secretary submits the comprehensive plan to
Congress under subsection (c), the Comptroller General shall
review the plan and submit an assessment of the plan to the
committees referred to in that subsection.
(e) Annual Report.--(1) In each of 2004, 2005, and 2006,
the Secretary of Defense shall include a report on the
comprehensive plan in the materials that the Secretary
submits to Congress in support of the budget submitted by the
President such year pursuant to section 1105(a) of title 31,
United States Code.
(2) The report shall include--
(A) a discussion of any revision that the Secretary has
made in the comprehensive plan since the last report; and
(B) an assessment of the progress made in achieving the
goals and objectives of the strategy set forth in the plan.
(3) No report is required under this subsection after the
Secretary submits under this subsection a report containing a
declaration that the goals and objectives set forth in the
strategy have been achieved.

Subtitle E--Other Matters

SEC. 1061. CONTINUED APPLICABILITY OF EXPIRING GOVERNMENTWIDE
INFORMATION SECURITY REQUIREMENTS TO THE
DEPARTMENT OF DEFENSE.

(a) In General.--Chapter 131 of title 10, United States
Code, is amended by inserting after section 2224 the
following new section:

``Sec. 2224a. Information security: continued applicability
of expiring Governmentwide requirements to the Department
of Defense

``(a) In General.--The provisions of subchapter II of
chapter 35 of title 44 shall continue to apply with respect
to the Department of Defense, notwithstanding the expiration
of authority under section 3536 of such title.
``(b) Responsibilities.--In administering the provisions of
subchapter II of chapter 35 of title 44 with respect to the
Department of Defense after the expiration of authority under
section 3536 of such title, the Secretary of Defense shall
perform the duties set forth in that subchapter for the
Director of the Office of Management and Budget.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2224 the following new item:

``2224a. Information security: continued applicability of expiring
Governmentwide requirements to the Department of
Defense.''.

SEC. 1062. ACCEPTANCE OF VOLUNTARY SERVICES OF PROCTORS FOR
ADMINISTRATION OF ARMED SERVICES VOCATIONAL
APTITUDE BATTERY.

Section 1588(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) Voluntary services as a proctor for the
administration of the Armed Services Vocational Aptitude
Battery.''.

SEC. 1063. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO
SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN
RESPONDING TO OIL SPILLS.

(a) Four-Year Extension.--Subsection (a)(1) of section 740
of the Wendell H. Ford Aviation Investment and Reform Act for
the 21st Century (Public Law 106-181; 114 Stat. 173; 10
U.S.C. 2576 note) is amended by striking ``September 30,
2002'' and inserting ``September 30, 2006''.
(b) Additional Report.--Subsection (f) of such section is
amended by striking ``March 31, 2002'' and inserting ``March
31, 2006''.

[[Page H5519]]

SEC. 1064. AMENDMENTS TO IMPACT AID PROGRAM.

(a) Eligibility for Heavily Impacted Local Educational
Agencies Affected by Privatization of Military Housing.--
Section 8003(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)) is amended by adding at
the end the following:
``(H) Eligibility for heavily impacted local educational
agencies affected by privatization of military housing.--
``(i) In general.--For any fiscal year beginning with
fiscal year 2003, a heavily impacted local educational agency
that received a basic support payment under subparagraph (A)
for the prior fiscal year, but is ineligible for such payment
for the current fiscal year under subparagraph (B) or (C), as
the case may be, by reason of the conversion of military
housing units to private housing described in clause (ii),
shall be deemed to meet the eligibility requirements under
subparagraph (B) or (C), as the case may be, for the period
during which the housing units are undergoing such
conversion, and shall be paid under the same provisions of
subparagraph (D) or (E) as the agency was paid in the prior
fiscal year.
``(ii) Conversion of military housing units to private
housing described.--For purposes of clause (i), `conversion
of military housing units to private housing' means the
conversion of military housing units to private housing units
pursuant to subchapter IV of chapter 169 of title 10, United
States Code, or pursuant to any other related provision of
law.''.
(b) Coterminous Military School Districts.--Section 8003(a)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(a)) is amended by adding at the end the
following:
``(6) Coterminous military school districts.--For purposes
of computing the amount of a payment for a local educational
agency for children described in paragraph (1)(D)(i), the
Secretary shall consider such children to be children
described in paragraph (1)(B) if the agency is a local
educational agency whose boundaries are the same as a Federal
military installation.''.

SEC. 1065. DISCLOSURE OF INFORMATION ON SHIPBOARD HAZARD AND
DEFENSE PROJECT TO DEPARTMENT OF VETERANS
AFFAIRS.

(a) Plan for Disclosure of Information.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress and the
Secretary of Veterans Affairs a comprehensive plan for the
review, declassification, and submittal to the Department of
Veterans Affairs of all medical records and information of
the Department of Defense on the Shipboard Hazard and Defense
(SHAD) project of the Navy that are relevant to the provision
of benefits by the Secretary of Veterans Affairs to members
of the Armed Forces who participated in that project.
(b) Plan Requirements.--(1) The records and information
covered by the plan under subsection (a) shall be the records
and information necessary to permit the identification of
members of the Armed Forces who were or may have been exposed
to chemical or biological agents as a result of the Shipboard
Hazard and Defense project.
(2) The plan shall provide for completion of all activities
contemplated by the plan not later than one year after the
date of the enactment of this Act.
(c) Reports on Implementation.--(1) Not later than 90 days
after the date of the enactment of this Act, and every 90
days thereafter until completion of all activities
contemplated by the plan under subsection (a), the Secretary
of Defense shall submit to Congress and the Secretary of
Veterans Affairs a report on progress in the implementation
of the plan during the 90-day period ending on the date of
such report.
(2) Each report under paragraph (1) shall include, for the
period covered by such report--
(A) the number of records reviewed;
(B) each test, if any, under the Shipboard Hazard and
Defense project identified during such review;
(C) for each test so identified--
(i) the test name;
(ii) the test objective;
(iii) the chemical or biological agent or agents involved;
and
(iv) the number of members of the Armed Forces, and
civilian personnel, potentially effected by such test; and
(D) the extent of submittal of records and information to
the Secretary of Veterans Affairs under this section.

SEC. 1066. TRANSFER OF HISTORIC DF-9E PANTHER AIRCRAFT TO
WOMEN AIRFORCE SERVICE PILOTS MUSEUM.

(a) Authority to Convey.--The Secretary of the Navy may
convey, without consideration, to the Women Airforce Service
Pilots Museum in Quartzsite, Arizona (in this section
referred to as the ``W.A.S.P. museum''), all right, title,
and interest of the United States in and to a DF-9E Panther
aircraft (Bureau Number 125316). The conveyance shall be made
by means of a conditional deed of gift.
(b) Condition of Aircraft.--The aircraft shall be conveyed
under subsection (a) in ``as is'' condition. The Secretary is
not required to repair or alter the condition of the aircraft
before conveying ownership of the aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary
shall include in the instrument of conveyance of the aircraft
under subsection (a)--
(1) a condition that the W.A.S.P. museum not convey any
ownership interest in, or transfer possession of, the
aircraft to any other party without the prior approval of the
Secretary; and
(2) a condition that if the Secretary determines at any
time that the W.A.S.P. museum has conveyed an ownership
interest in, or transferred possession of, the aircraft to
any other party without the prior approval of the Secretary,
all right, title, and interest in and to the aircraft,
including any repair or alteration of the aircraft, shall
revert to the United States, and the United States shall have
the right of immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The
conveyance of the aircraft under subsection (a) shall be made
at no cost to the United States. Any costs associated with
the conveyance, costs of determining compliance with
subsection (b), and costs of operation and maintenance of the
aircraft conveyed shall be borne by the W.A.S.P. museum.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 1067. REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.

(a) Authority.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 127a the following new
section:

``Sec. 127b. Rewards for assistance in combating terrorism

``(a) Authority.--The Secretary of Defense may pay a
monetary reward to a person for providing United States
personnel with information or nonlethal assistance that is
beneficial to--
``(1) an operation of the armed forces conducted outside
the United States against international terrorism; or
``(2) force protection of the armed forces.
``(b) Maximum Amount.--The amount of a reward paid to a
recipient under this section may not exceed $200,000.
``(c) Delegation to Commander of Combatant Command.--(1)
The Secretary of Defense may delegate to the commander of a
combatant command authority to pay a reward under this
section in an amount not in excess of $50,000.
``(2) A commander to whom authority to pay rewards is
delegated under paragraph (1) may further delegate authority
to pay a reward under this section in an amount not in excess
of $2,500.
``(c) Coordination.--(1) The Secretary of Defense, in
consultation with the Secretary of State and the Attorney
General, shall prescribe policies and procedures for offering
and paying rewards under this section, and otherwise for
administering the authority under this section, that ensure
that the payment of a reward under this section does not
duplicate or interfere with the payment of a reward
authorized by the Secretary of State or the Attorney General.
``(2) The Secretary of Defense shall coordinate with the
Secretary of State regarding any payment of a reward in
excess of $100,000 under this section.
``(d) Persons Not Eligible.--The following persons are not
eligible to receive an award under this section:
``(1) A citizen of the United States.
``(2) An employee of the United States.
``(3) An employee of a contractor of the United States.
``(e) Annual Report.--(1) Not later than 60 days after the
end of each fiscal year, the Secretary of Defense shall
submit to the Committees on Armed Services and the Committees
on Appropriations of the Senate and the House of
Representatives a report on the administration of the rewards
program during that fiscal year.
``(2) The report for a fiscal year shall include
information on the total amount expended during that fiscal
year to carry out this section, including--
``(A) a specification of the amount, if any, expended to
publicize the availability of rewards; and
``(B) with respect to each award paid during that fiscal
year--
``(i) the amount of the reward;
``(ii) the recipient of the reward; and
``(iii) a description of the information or assistance for
which the reward was paid, together with an assessment of the
significance of the information or assistance.
``(3) The Secretary may submit the report in classified
form if the Secretary determines that it is necessary to do
so.
``(f) Determinations by the Secretary.--A determination by
the Secretary under this section shall be final and
conclusive and shall not be subject to judicial review.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 127a the following new item:

``127b. Rewards for assistance in combating terrorism.''.

SEC. 1068. PROVISION OF SPACE AND SERVICES TO MILITARY
WELFARE SOCIETIES.

(a) Authority To Provide Space and Services.--Chapter 152
of title 10, United States Code, is amended by adding at the
end the following new section:

``Sec. 2566. Space and services: provision to military
welfare societies

``(a) Authority To Provide Space and Services.--The
Secretary of a military department may provide, without
charge, space and services under the jurisdiction of that
Secretary to a military welfare society.
``(b) Definitions.--In this section:
``(1) The term `military welfare society' means the
following:
``(A) The Army Emergency Relief Society.
``(B) The Navy-Marine Corps Relief Society.
``(C) The Air Force Aid Society, Inc.
``(2) The term `services' includes lighting, heating,
cooling, electricity, office furniture, office machines and
equipment, telephone and other information technology
services (including installation of lines and equipment,
connectivity, and other associated services), and security
systems (including installation and other associated
expenses).''.

[[Page H5520]]

(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2566. Space and services: provision to military welfare societies.''.

SEC. 1069. COMMENDATION OF MILITARY CHAPLAINS.

(a) Findings.--Congress finds the following:
(1) Military chaplains have served with those who fought
for the cause of freedom since the founding of the Nation.
(2) Military chaplains and religious support personnel of
the Armed Forces have served with distinction as uniformed
members of the Armed Forces in support of the Nation's
defense missions during every conflict in the history of the
United States.
(3) 400 United States military chaplains have died in
combat, some as a result of direct fire while ministering to
fallen Americans, while others made the ultimate sacrifice as
a prisoner of war.
(4) Military chaplains currently serve in humanitarian
operations, rotational deployments, and in the war on
terrorism.
(5) Religious organizations make up the very fabric of
religious diversity and represent unparalleled levels of
freedom of conscience, speech, and worship that set the
United States apart from any other nation on Earth.
(6) Religious organizations have richly blessed the
uniformed services by sending clergy to comfort and encourage
all persons of faith in the Armed Forces.
(7) During the sinking of the USS Dorchester in February
1943 during World War II, four chaplains (Reverend Fox,
Reverend Poling, Father Washington, and Rabbi Goode) gave
their lives so that others might live.
(8) All military chaplains aid and assist members of the
Armed Forces and their family members with the challenging
issues of today's world.
(9) The current war against terrorism has brought to the
shores of the United States new threats and concerns that
strike at the beliefs and emotions of Americans.
(10) Military chaplains must, as never before, deal with
the spiritual well-being of the members of the Armed Forces
and their families.
(b) Commendation.--Congress, on behalf of the Nation,
expresses its appreciation for the outstanding contribution
that all military chaplains make to the members of the Armed
Forces and their families.
(c) Presidential Proclamation.--The President is authorized
and requested to issue a proclamation calling on the people
of the United States to recognize the distinguished service
of the Nation's military chaplains.

SEC. 1070. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS
ASSOCIATION, INCORPORATED.

(a) Grant of Charter.--Part B of subtitle II of title 36,
United States Code, is amended--
(1) by striking the following:

``CHAPTER 1201--[RESERVED]''; and

(2) by inserting the following:

``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.

``Sec. 120101. Organization

``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'),
incorporated in the State of New York, is a federally
chartered corporation.
``(b) Expiration of Charter.--If the corporation does not
comply with the provisions of this chapter, the charter
granted by subsection (a) expires.

``Sec. 120102. Purposes

``The purposes of the corporation are as provided in its
articles of incorporation and include--
``(1) organizing, promoting, and maintaining for benevolent
and charitable purposes an association of persons who have
seen honorable service in the Armed Forces during the Korean
War, and of certain other persons;
``(2) providing a means of contact and communication among
members of the corporation;
``(3) promoting the establishment of, and establishing, war
and other memorials commemorative of persons who served in
the Armed Forces during the Korean War; and
``(4) aiding needy members of the corporation, their wives
and children, and the widows and children of persons who were
members of the corporation at the time of their death.

``Sec. 120103. Membership

``Eligibility for membership in the corporation, and the
rights and privileges of members of the corporation, are as
provided in the bylaws of the corporation.

``Sec. 120104. Governing body

``(a) Board of Directors.--The board of directors of the
corporation, and the responsibilities of the board of
directors, are as provided in the articles of incorporation
of the corporation.
``(b) Officers.--The officers of the corporation, and the
election of the officers of the corporation, are as provided
in the articles of incorporation.

``Sec. 120105. Powers

``The corporation has only the powers provided in its
bylaws and articles of incorporation filed in each State in
which it is incorporated.

``Sec. 120106. Restrictions

``(a) Stock and Dividends.--The corporation may not issue
stock or declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director
or officer of the corporation as such, may not contribute to,
support, or participate in any political activity or in any
manner attempt to influence legislation.
``(c) Loan.--The corporation may not make a loan to a
director, officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The
corporation may not claim congressional approval, or the
authority of the United States, for any of its activities.

``Sec. 120107. Duty to maintain corporate and tax-exempt
status

``(a) Corporate Status.--The corporation shall maintain its
status as a corporation incorporated under the laws of the
State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain
its status as an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

``Sec. 120108. Records and inspection

``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters
relating to the corporation, or an agent or attorney of the
member, may inspect the records of the corporation for any
proper purpose, at any reasonable time.

``Sec. 120109. Service of process

``The corporation shall have a designated agent in the
District of Columbia to receive service of process for the
corporation. Notice to or service on the agent is notice to
or service on the Corporation.

``Sec. 120110. Liability for acts of officers and agents

``The corporation is liable for the acts of its officers
and agents acting within the scope of their authority.

``Sec. 120111. Annual report

``The corporation shall submit an annual report to Congress
on the activities of the corporation during the preceding
fiscal year. The report shall be submitted at the same time
as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle II of title 36, United States Code, is
amended by striking the item relating to chapter 1201 and
inserting the following new item:

``1201. Korean War Veterans Association, Incorporated.....120101''.....

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

SEC. 1101. EXTENSION OF AUTHORITY TO PAY SEVERANCE PAY IN A
LUMP SUM.

Section 5595(i)(4) of title 5, United States Code, is
amended by striking ``October 1, 2003'' and inserting
``October 1, 2006''.

SEC. 1102. EXTENSION OF VOLUNTARY SEPARATION INCENTIVE PAY
AUTHORITY.

Section 5597(e) of title 5, United States Code, is amended
by striking ``September 30, 2003'' and inserting ``September
30, 2006''.

SEC. 1103. EXTENSION OF COST-SHARING AUTHORITY FOR CONTINUED
FEHBP COVERAGE OF CERTAIN PERSONS AFTER
SEPARATION FROM EMPLOYMENT.

Section 8905a(d)(4)(B) of title 5, United States Code, is
amended--
(1) by striking ``October 1, 2003'' both places it appears
and inserting ``October 1, 2006''; and
(2) by striking ``February 1, 2004'' in clause (ii) and
inserting ``February 1, 2007''.

SEC. 1104. ELIGIBILITY OF NONAPPROPRIATED FUNDS EMPLOYEES TO
PARTICIPATE IN THE FEDERAL EMPLOYEES LONG-TERM
CARE INSURANCE PROGRAM.

Section 9001(1) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the comma at the end of subparagraph (C)
and inserting ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) an employee paid from nonappropriated funds referred
to in section 2105(c) of this title;''.

SEC. 1105. INCREASED MAXIMUM PERIOD OF APPOINTMENT UNDER THE
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC
AND TECHNICAL PERSONNEL.

Section 1101(c)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2140; 5 U.S.C. 3104 note) is amended by striking
``4 years'' and inserting ``5 years''.

SEC. 1106. QUALIFICATION REQUIREMENTS FOR EMPLOYMENT IN
DEPARTMENT OF DEFENSE PROFESSIONAL ACCOUNTING
POSITIONS.

(a) Professional Certification.--The Secretary of Defense
may prescribe regulations that require a person employed in a
professional accounting position within the Department of
Defense to be a certified public accountant and that apply
the requirement to all such positions or to selected
positions, as the Secretary considers appropriate.
(b) Waivers and Exemptions.--(1) The Secretary may include
in the regulations imposing a requirement under subsection
(a), as the Secretary considers appropriate--

[[Page H5521]]

(A) any exemption from the requirement; and
(B) authority to waive the requirement.
(2) The Secretary shall include in the regulations an
exemption for persons employed in positions covered by the
requirement before the date of the enactment of this Act.
(c) Exclusive Authority.--No requirement imposed under
subsection (a), and no waiver or exemption provided in the
regulations pursuant to subsection (b), shall be subject to
review or approval by the Office of Personnel Management.
(d) Definition.--For the purposes of this section, the term
``professional accounting position'' means a position in the
GS-510, GS-511, or GS-505 series for which professional
accounting duties are prescribed.
(e) Effective Date.--This section shall take effect 120
days after the date of the enactment of this Act.

SEC. 1107. HOUSING BENEFITS FOR UNACCOMPANIED TEACHERS
REQUIRED TO LIVE AT GUANTANAMO BAY NAVAL
STATION, CUBA.

Section 7(b) of the Defense Department Overseas Teachers
Pay and Personnel Practices Act (20 U.S.C. 905(b)) is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A teacher assigned to teach at Guantanamo Bay
Naval Station, Cuba, who is not accompanied at such station
by any dependent--
``(i) shall be offered for lease any available military
family housing at such station that is suitable for occupancy
by the teacher and is not needed to house members of the
armed forces and dependents accompanying them or other
civilian personnel and any dependents accompanying them; and
``(ii) for any period for which such housing is leased to
the teacher, shall receive a quarters allowance in the amount
determined under paragraph (1).
``(B) A teacher is entitled to the quarters allowance in
accordance with subparagraph (A)(ii) without regard to
whether other Government furnished quarters are available for
occupancy by the teacher without charge to the teacher.''.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Subtitle A--Cooperative Threat Reduction With States of the Former
Soviet Union

SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.

(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2003 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2003
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.

SEC. 1202. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $416,700,000
authorized to be appropriated to the Department of Defense
for fiscal year 2003 in section 301(a)(23) for Cooperative
Threat Reduction programs, not more than the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$70,500,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,500,000.
(3) For weapons of mass destruction infrastructure
elimination in Ukraine, $8,800,000.
(4) For weapons of mass destruction infrastructure
elimination in Kazakhstan, $9,000,000.
(5) For weapons transportation security in Russia,
$19,700,000.
(6) For weapons storage security in Russia, $40,000,000.
(7) For weapons of mass destruction proliferation
prevention in the former Soviet Union, $40,000,000.
(8) For biological weapons proliferation prevention
activities in the former Soviet Union, $55,000,000.
(9) For chemical weapons destruction in Russia,
$133,600,000.
(10) For activities designated as Other Assessments/
Administrative Support, $14,700,000.
(11) For defense and military contacts, $18,900,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2003 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (11) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2003 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraph (2), in any case in which the Secretary
of Defense determines that it is necessary to do so in the
national interest, the Secretary may obligate amounts
appropriated for fiscal year 2003 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

SEC. 1203. AUTHORIZATION OF USE OF COOPERATIVE THREAT
REDUCTION FUNDS FOR PROJECTS AND ACTIVITIES
OUTSIDE THE FORMER SOVIET UNION.

(a) Cooperative Threat Reduction Programs and Funds.--For
purposes of this section:
(1) Cooperative Threat Reduction programs are--
(A) the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note);
and
(B) any other similar programs, as designated by the
Secretary of Defense, to address critical emerging
proliferation threats in the states of the former Soviet
Union that jeopardize United States national security.
(2) Cooperative Threat Reduction funds, for a fiscal year,
are the funds authorized to be appropriated for Cooperative
Threat Reduction programs for that fiscal year.
(b) Authorization of Use of CTR Funds for Threat Reduction
Activities Outside the Former Soviet Union.--(1)
Notwithstanding any other provision of law and subject to the
succeeding provisions of this section, the Secretary of
Defense may obligate and expend Cooperative Threat Reduction
funds for fiscal year 2003, or Cooperative Threat Reduction
funds for a fiscal year before fiscal year 2003 that remain
available for obligation as of the date of the enactment of
this Act, for proliferation threat reduction projects and
activities outside the states of the former Soviet Union if
the Secretary determines that such projects and activities
will--
(A) assist the United States in the resolution of critical
emerging proliferation threats; or
(B) permit the United States to take advantage of
opportunities to achieve long-standing United States
nonproliferation goals.
(2) The amount that may be obligated under paragraph (1) in
any fiscal year for projects and activities described in that
paragraph may not exceed $50,000,000.
(c) Authorized Uses of Funds.--The authority under
subsection (b) to obligate and expend Cooperative Threat
Reduction funds for a project or activity includes authority
to provide equipment, goods, and services for the project or
activity, but does not include authority to provide cash
directly to the project or activity.
(d) Source and Replacement of Funds Used.--(1) The
Secretary shall, to the maximum extent practicable, ensure
that funds for projects and activities under subsection (b)
are derived from funds that would otherwise be obligated for
a range of Cooperative Threat Reduction programs, so that no
particular Cooperative Threat Reduction program is the
exclusive or predominant source of funds for such projects
and activities.
(2) If the Secretary obligates Cooperative Threat Reduction
funds under subsection (b) in a fiscal year, the first budget
of the President that is submitted under section 1105(a) of
title 31, United States Code, after such fiscal year shall
set forth, in addition to any other amounts requested for
Cooperative Threat Reduction programs in the fiscal year
covered by such budget, a request for Cooperative Threat
Reduction funds in the fiscal year covered by such budget in
an amount equal to the amount so obligated. The request shall
also set forth the Cooperative Threat Reduction program or
programs for which such funds would otherwise have been
obligated, but for obligation under subsection (b).
(3) Amounts authorized to be appropriated pursuant to a
request under paragraph (2) shall be available for the
Cooperative Threat Reduction program or programs set forth in
the request under the second sentence of that paragraph.
(e) Limitation on Obligation of Funds.--Except as provided
in subsection (f), the Secretary may not obligate and expend
Cooperative Threat Reduction funds for a project or activity
under subsection (b) until 30 days after the date on which
the Secretary submits to the congressional defense committees
a report on the purpose for which the funds will be obligated
and expended, and the amount of the funds to be obligated and
expended.
(f) Exception.--(1) The Secretary may obligate and expend
Cooperative Threat Reduction funds for a project or activity
under subsection (b) without regard to subsection (e) if the
Secretary determines that a critical emerging proliferation
threat warrants immediate obligation and expenditure of such
funds.
(2) Not later than 72 hours after first obligating funds
for a project or activity under paragraph (1), the Secretary
shall submit to the congressional defense committees a report
containing a detailed justification for the obligation of
funds. The report on a project or activity shall include the
following:
(A) A description of the critical emerging proliferation
threat to be addressed, or the long-standing United States
nonproliferation goal to be achieved, by the project or
activity.
(B) A description of the agreement, if any, under which the
funds will be used, including whether or not the agreement
provides that the

[[Page H5522]]

funds will not be used for purposes contrary to the national
security interests of the United States.
(C) A description of the contracting process, if any, that
will be used in the implementation of the project or
activity.
(D) An analysis of the effect of the obligation of funds
for the project or activity on ongoing Cooperative Threat
Reduction programs.
(E) An analysis of the need for additional or follow-up
threat reduction assistance, including whether or not the
need for such assistance justifies the establishment of a new
cooperative threat reduction program or programs to account
for such assistance.
(F) A description of the mechanisms to be used by the
Secretary to assure that proper audits and examinations of
the project or activity are carried out.
(g) Report on Establishment of New Cooperative Threat
Reduction Programs.--(1) If the Secretary employs the
authority in subsection (b) in any two fiscal years, the
Secretary shall submit to Congress a report on the
advisability of establishing one or more new cooperative
threat reduction programs to account for projects and
activities funded using such authority.
(2) The report required by paragraph (1) shall be submitted
along with the budget justification materials in support of
the Department of Defense budget (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code) in the first budget submitted after the
end of the two consecutive fiscal years referred to in that
paragraph.

SEC. 1204. WAIVER OF LIMITATIONS ON ASSISTANCE UNDER PROGRAMS
TO FACILITATE COOPERATIVE THREAT REDUCTION AND
NONPROLIFERATION.

(a) Assistance Under Cooperative Threat Reduction Act of
1993.--Section 1203 of the Cooperative Threat Reduction Act
of 1993 (title XII of Public Law 103-160; 107 Stat. 1778; 22
U.S.C. 5952) is amended by adding at the end the following
new subsection:
``(e) Waiver of Restrictions.--(1) The restrictions in
subsection (d) shall cease to apply to a state for a year if
the President submits to the Speaker of the House of
Representative and the President pro tempore of the Senate a
written certification that the waiver of such restrictions in
such year is important to the national security interests of
the United States, together with a report containing the
following:
``(A) A description of the activity or activities that
prevent the President from certifying that the state is
committed to the matters set forth in subsection (d) in such
year as otherwise provided for in that subsection.
``(B) A description of the strategy, plan, or policy of the
President for promoting the commitment of the state to such
matters, notwithstanding the waiver.
``(2) The matter included in the report under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.''.
(b) Administration of Restrictions on Assistance.--
Subsection (d) of that section is amended--
(1) by striking ``any year'' and inserting ``any fiscal
year''; and
(2) by striking ``that year'' and inserting ``such fiscal
year''.
(c) Eligibility Requirements under FREEDOM Support Act.--
Section 502 of the FREEDOM Support Act (Public Law 102-511;
106 Stat. 3338; 22 U.S.C. 5852) is amended--
(1) by striking ``Funds'' and inserting ``(a)
Eligibility.--Except as provided in subsection (b), funds'';
and
(2) by adding at the end the following new subsection:
``(b) Waiver of Eligibility Requirements.--(1) Funds may be
obligated for a fiscal year under subsection (a) for
assistance or other programs and activities for an
independent state of the former Soviet Union that does not
meet one or more of the requirements for eligibility under
paragraphs (1) through (4) of that subsection if the
President certifies in writing to the Congress that the
waiver of such requirements in such fiscal year is important
to the national security interests of the United States.
``(2) At the time of the exercise of the authority in
paragraph (1) with respect to an independent state of the
former Soviet Union for a fiscal year, the President shall
submit to the congressional defense committees a report on
the following:
``(A) A description of the activity or activities that
prevent the President from certifying that the state is
committed to each matter in subsection (a) in such fiscal
year to which the waiver under paragraph (1) applies.
``(B) A description of the strategy, plan, or policy of the
President for promoting the commitment of the state to each
such matter, notwithstanding the waiver.
``(3) In this subsection, the term `congressional defense
committees' means--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2002.

SEC. 1205. RUSSIAN TACTICAL NUCLEAR WEAPONS.

(a) Findings.--The Congress makes the following findings:
(1) Al Qaeda and other terrorist organizations, in addition
to rogue states, are known to be working to acquire weapons
of mass destruction, and particularly nuclear warheads.
(2) The largest and least secure potential source of
nuclear warheads for terrorists or rogue states is Russia's
arsenal of nonstrategic or ``tactical'' nuclear warheads,
which according to unclassified estimates numbers from 7,000
to 12,000 warheads. Security at Russian nuclear weapon
storage sites is insufficient, and tactical nuclear warheads
are more vulnerable to terrorist or rogue state acquisition
due to their smaller size, greater portability, and greater
numbers compared to Russian strategic nuclear weapons.
(3) Russia's tactical nuclear warheads were not covered by
the START treaties or the recent Moscow Treaty. Russia is not
legally bound to reduce its tactical nuclear stockpile and
the United States has no inspection rights regarding Russia's
tactical nuclear arsenal.
(b) Sense of the Senate.--(1) One of the most likely
nuclear weapon attack scenarios against the United States
would involve detonation of a stolen Russian tactical nuclear
warhead smuggled into the country.
(2) It is a top national security priority of the United
States to accelerate efforts to account for, secure, and
reduce Russia's stockpile of tactical nuclear warheads and
associated fissile material.
(3) This imminent threat warrants a special
nonproliferation initiative.
(c) Report.--Not later than 30 days after enactment of this
Act, the President shall report to Congress on efforts to
reduce the particular threats associated with Russia's
tactical nuclear arsenal and the outlines of a special
initiative related to reducing the threat from Russia's
tactical nuclear stockpile.

Subtitle B--Other Matters

SEC. 1211. ADMINISTRATIVE SUPPORT AND SERVICES FOR COALITION
LIAISON OFFICERS.

(a) Authority.--Chapter 6 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec. 169. Administrative support and services for coalition
liaison officers

``(a) Authority.--The Secretary of Defense may provide
administrative services and support for the performance of
duties by any liaison officer of another nation involved in a
coalition while the liaison officer is assigned temporarily
to the headquarters of a combatant command, component
command, or subordinate operational command of the United
States in connection with the planning for or conduct of a
coalition operation.
``(b) Travel, Subsistence, and Other Expenses.--The
Secretary may pay the travel, subsistence, and similar
personal expenses of a liaison officer of a developing
country in connection with the assignment of that liaison
officer to the headquarters of a combatant command as
described in subsection (a) if the assignment is requested by
the commander of the combatant command.
``(c) Reimbursement.--To the extent that the Secretary
determines appropriate, the Secretary may provide the
services and support authorized under subsections (a) and (b)
with or without reimbursement from (or on behalf of) the
recipients.
``(d) Definitions.--In this section:
``(1) The term `administrative services and support'
includes base or installation support services, office space,
utilities, copying services, fire and police protection, and
computer support.
``(2) The term `coalition' means an ad hoc arrangement
between or among the United States and one or more other
nations for common action.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter 6 is amended by adding at the end
the following new item:

``169. Administrative support and services for coalition liaison
officers.''.

SEC. 1212. USE OF WARSAW INITIATIVE FUNDS FOR TRAVEL OF
OFFICIALS FROM PARTNER COUNTRIES.

Section 1051(b) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of defense personnel of a country that is
participating in the Partnership for Peace program of the
North Atlantic Treaty Organization (NATO), expenses
authorized to be paid under subsection (a) may be paid in
connection with travel of personnel to the territory of any
of the countries participating in the Partnership for Peace
program or of any of the NATO member countries.''.

SEC. 1213. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.

(a) Limitation on Amount of Assistance in Fiscal Year
2003.--The total amount of the assistance for fiscal year
2003 that is provided by the Secretary of Defense under
section 1505 of the Weapons of Mass Destruction Control Act
of 1992 (22 U.S.C. 5859a) as activities of the Department of
Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended
by striking ``2002'' and inserting ``2003''.

SEC. 1214. ARCTIC AND WESTERN PACIFIC ENVIRONMENTAL
COOPERATION PROGRAM.

(a) In General.--(1) Subchapter II of chapter 138 of title
10, United States Code, is amended by adding at the end the
following new section:

``Sec. 2350m. Arctic and Western Pacific Environmental
Cooperation Program

``(a) Authority To Conduct Program.--The Secretary of
Defense may, with the concurrence of the Secretary of State,
conduct on a cooperative basis with countries located in the
Arctic

[[Page H5523]]

and Western Pacific regions a program of environmental
activities provided for in subsection (b) in such regions.
The program shall be known as the `Arctic and Western Pacific
Environmental Cooperation Program'.
``(b) Program Activities.--(1) Except as provided in
paragraph (2), activities under the program under subsection
(a) may include cooperation and assistance on environmental
matters in the Arctic and Western Pacific regions among
elements of the Department of Defense and the military
departments or agencies of countries located in such regions.
``(2) Activities under the program may not include
activities relating to the following:
``(A) The conduct of any peacekeeping exercise or other
peacekeeping-related activity with the Russian Federation.
``(B) The provision of housing.
``(C) The provision of assistance to promote environmental
restoration.
``(D) The provision of assistance to promote job
retraining.
``(c) Limitation on Funding for Projects Other than
Radiological Projects.--Not more than 20 percent of the
amount made available for the program under subsection (a) in
any fiscal year may be available for projects under the
program other than projects on radiological matters.
``(d) Annual Report.--(1) Not later than March 1, 2003, and
each year thereafter, the Secretary of Defense shall submit
to Congress a report on activities under the program under
subsection (a) during the preceding fiscal year.
``(2) The report on the program for a fiscal year under
paragraph (1) shall include the following:
``(A) A description of the activities carried out under the
program during that fiscal year, including a separate
description of each project under the program.
``(B) A statement of the amounts obligated and expended for
the program during that fiscal year, set forth in aggregate
and by project.
``(C) A statement of the life cycle costs of each project,
including the life cycle costs of such project as of the end
of that fiscal year and an estimate of the total life cycle
costs of such project upon completion of such project.
``(D) A statement of the participants in the activities
carried out under the program during that fiscal year,
including the elements of the Department of Defense and the
military departments or agencies of other countries.
``(E) A description of the contributions of the military
departments and agencies of other countries to the activities
carried out under the program during that fiscal year,
including any financial or other contributions to such
activities.''.
(2) The table of sections at the beginning of that
subchapter is amended by adding at the end the following new
item:

``2350m. Arctic and Western Pacific Environmental Cooperation
Program.''.

(b) Repeal of Superseded Authority on Arctic Military
Cooperation Program.--Section 327 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 1965) is repealed.

SEC. 1215. DEPARTMENT OF DEFENSE HIV/AIDS PREVENTION
ASSISTANCE PROGRAM.

(a) Expansion of Program.--The Secretary of Defense is
authorized to expand, in accordance with this section, the
Department of Defense program of HIV/AIDS prevention
educational activities undertaken in connection with the
conduct of United States military training, exercises, and
humanitarian assistance in sub-Saharan African countries.
(b) Eligible Countries.--The Secretary may carry out the
program in all eligible countries. A country shall be
eligible for activities under the program if the country--
(1) is a country suffering a public health crisis (as
defined in subsection (e)); and
(2) participates in the military-to-military contacts
program of the Department of Defense.
(c) Program Activities.--The Secretary shall provide for
the activities under the program--
(1) to focus, to the extent possible, on military units
that participate in peace keeping operations; and
(2) to include HIV/AIDS-related voluntary counseling and
testing and HIV/AIDS-related surveillance.
(d) Authorization of Appropriations.--
(1) In general.--Of the amount authorized to be
appropriated by section 301(a)(22) to the Department of
Defense for operation and maintenance of the Defense Health
Program, $30,000,000 may be available for carrying out the
program described in subsection (a) as expanded pursuant to
this section.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
(e) Country Suffering a Public Health Crisis Defined.--In
this section, the term ``country suffering a public health
crisis'' means a country that has rapidly rising rates of
incidence of HIV/AIDS or in which HIV/AIDS is causing
significant family, community, or societal disruption.

SEC. 1216. MONITORING IMPLEMENTATION OF THE 1979 UNITED
STATES-CHINA AGREEMENT ON COOPERATION IN
SCIENCE AND TECHNOLOGY.

(a) Responsibilities of the Office of Science and
Technology Cooperation.--The Office of Science and Technology
Cooperation of the Department of State shall monitor the
implementation of the 1979 United States-China Agreement on
Cooperation in Science and Technology and its protocols (in
this section referred to as the ``Agreement''), and keep a
systematic account of the protocols thereto. The Office shall
coordinate the activities of all agencies of the United
States Government that carry out cooperative activities under
the Agreement.
(b) Guidelines.--The Secretary of State shall ensure that
all activities conducted under the Agreement and its
protocols comply with applicable laws and regulations
concerning the transfer of militarily sensitive and dual-use
technologies.
(c) Reporting Requirement.--
(1) In general.--Not later than April 1, 2004, and every
two years thereafter, the Secretary of State, shall submit a
report to Congress, in both classified and unclassified form,
on the implementation of the Agreement and activities
thereunder.
(2) Report elements.--Each report under this subsection
shall provide an evaluation of the benefits of the Agreement
to the Chinese economy, military, and defense industrial base
and shall include the following:
(A) An accounting of all activities conducted under the
Agreement since the previous report, and a projection of
activities to be undertaken in the next two years.
(B) An estimate of the costs to the United States to
administer the Agreement within the period covered by the
report.
(C) An assessment of how the Agreement has influenced the
policies of the People's Republic of China toward scientific
and technological cooperation with the United States.
(D) An analysis of the involvement of Chinese nuclear
weapons and military missile specialists in the activities of
the Joint Commission.
(E) A determination of the extent to which the activities
conducted under the Agreement have enhanced the military and
industrial base of the People's Republic of China, and an
assessment of the impact of projected activities for the next
two years, including transfers of technology, on China's
economic and military capabilities.
(F) Any recommendations on improving the monitoring of the
activities of the Commission by the Secretaries of Defense
and State.
(3) Consultation prior to submission of reports.--The
Secretary of State shall prepare the report in consultation
with the Secretaries of Commerce, Defense, and Energy, the
Directors of the National Science Foundation and the Federal
Bureau of Investigation, and the intelligence community.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2003''.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $1,900,000
Fort Rucker................................ $6,550,000
Alaska.......................................... Fort Richardson............................ $15,000,000
Fort Wainwright............................ $111,010,000
Arkansas........................................ Pine Bluff Arsenal......................... $18,937,000
Colorado........................................ Fort Carson................................ $1,100,000
District of Columbia............................ Walter Reed Army Medical Center............ $17,500,000
Georgia......................................... Fort Benning............................... $74,250,000
Fort Stewart/Hunter Army Air Field......... $26,000,000
Hawaii.......................................... Schofield Barracks......................... $191,000,000
Kansas.......................................... Fort Leavenworth........................... $3,150,000
Fort Riley................................. $74,000,000
Kentucky........................................ Blue Grass Army Depot...................... $5,500,000
Fort Campbell.............................. $99,000,000
Fort Knox.................................. $6,800,000
Louisiana....................................... Fort Polk.................................. $31,000,000
Maryland........................................ Fort Detrick............................... $19,700,000
Missouri........................................ Fort Leonard Wood.......................... $15,500,000
New York........................................ Fort Drum.................................. $1,500,000

[[Page H5524]]

North Carolina.................................. Fort Bragg................................. $85,500,000
Oklahoma........................................ Fort Sill.................................. $35,000,000
Pennsylvania.................................... Letterkenny Army Depot..................... $1,550,000
Texas........................................... Fort Hood.................................. $69,000,000
Washington...................................... Fort Lewis................................. $53,000,000
------------------
Total.................................... $964,697,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Belgium........................ Chievres Air Base...... $13,600,000
Germany........................ Area Support Group, $17,200,000
Bamberg.
Darmstadt.............. $3,500,000
Grafenwoehr............ $69,866,000
Heidelberg............. $8,300,000
Landstuhl.............. $2,400,000
Mannheim............... $43,350,000
Schweinfurt............ $2,000,000
Italy.......................... Vicenza................ $34,700,000
Korea.......................... Camp Carroll........... $20,000,000
Camp Castle............ $6,800,000
Camp Hovey............. $25,000,000
Camp Humphreys......... $36,000,000
Camp Tango............. $12,600,000
Camp Henry............. $10,200,000
K16 Airfield........... $40,000,000
Qatar.......................... Qatar.................. $8,600,000
---------------
Total.................. $354,116,000
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installation and location, and in the amount, set forth in
the following table:

Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Unspecified Worldwide.. $4,000,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(6)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... 38 Units..................... $17,752,000
Arizona............................... Yuma Proving Ground...... 33 Units..................... $6,100,000
Germany............................... Stuttgart................ 1 Units...................... $990,000
Korea................................. Yongsan.................. 10 Units..................... $3,100,000
---------------
Total:................. $27,942,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $15,653,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $239,751,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $3,007,345,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $758,497,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $354,116,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c),
$4,000,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $20,500,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $148,864,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$283,346,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,122,274,000.
(7) For the construction of phase 4 of an ammunition
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839) and section 2108 of this Act, $38,000,000.
(8) For the construction of phase 5 of an ammunition
demilitarization facility at Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $61,494,000.
(9) For the construction of phase 5 of an ammunition
demilitarization facility at Aberdeen Proving Ground,
Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999, as
amended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public
Law 107-107; 115 Stat. 1299), $30,600,000.

[[Page H5525]]

(10) For the construction of phase 3 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 835), as
amended by section 2405 of the Military Construction
Authorization Act for Fiscal Year 2002 (115 Stat. 1298) and
section 2106 of this Act, $10,300,000.
(11) For the construction of phase 3 of an ammunition
demilitarization support facility at Blue Grass Army Depot,
Kentucky, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000,
$8,300,000.
(12) For the construction of phase 2 of Saddle Access Road,
Pohakoula Training Facility, Hawaii, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, as enacted
into law by Public Law 106-398; 114 Stat. 1654A-389),
$13,000,000.
(13) For the construction of phase 3 of a barracks complex,
Butner Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2001, $50,000,000.
(14) For the construction of phase 2 of a barracks complex,
D Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (115 Stat. 1280), $21,000,000.
(15) For the construction of phase 2 of a barracks complex,
Nelson Boulevard, at Fort Carson, Colorado, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002, as amended by section 2105 of this
Act, $42,000,000.
(16) For the construction of phase 2 of a basic combat
trainee complex at Fort Jackson, South Carolina, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002, as amended by section 2105 of this
Act, $39,000,000.
(17) For the construction of phase 2 of a barracks complex,
17th and B Streets at Fort Lewis, Washington, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002, $50,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $18,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Main
Post, at Fort Benning, Georgia);
(3) $100,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Capron Avenue, at Schofield Barracks, Hawaii);
(4) $13,200,000 (the balance of the amount authorized under
section 2101(a) for construction of a combined arms
collective training facility at Fort Riley, Kansas);
(5) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Range
Road, at Fort Campbell, Kentucky); and
(6) $25,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a consolidated
maintenance complex at Fort Sill, Oklahoma).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (17) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $18,596,000, which represents savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and
military family housing support outside the United States;
and
(2) $29,350,000, which represents adjustments for the
accounting of civilian personnel benefits.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2002 PROJECTS.

(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1281) is
amended--
(1) in the item relating to Fort Carson, Colorado, by
striking ``$66,000,000'' in the amount column and inserting
``$67,000,000''; and
(2) in the item relating to Fort Jackson, South Carolina,
by striking ``$65,650,000'' in the amount column and
inserting ``$68,650,000''.
(b) Conforming Amendments.--Section 2104(b) of that Act
(115 Stat. 1284) is amended--
(1) in paragraph (3), by striking ``$41,000,000'' and
inserting ``$42,000,000''; and
(2) in paragraph (4), by striking ``$36,000,000'' and
inserting ``$39,000,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECT.

(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 835), as amended
by section 2405 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1298), is further amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$254,030,000'' in the amount
column and inserting ``$290,325,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$748,245,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of that Act
(113 Stat. 839), as so amended, is further amended by
striking ``$231,230,000'' and inserting ``$267,525,000''.

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1999 PROJECT.

(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2193) is
amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Newport Army Depot,
Indiana, by striking ``$191,550,000'' in the amount column
and inserting ``$293,853,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$829,919,000''.
(b) Conforming Amendment.--Section 2404(b)(2) of that Act
(112 Stat. 2196) is amended by striking ``$162,050,000'' and
inserting ``$264,353,000''.

SEC. 2108. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1997 PROJECT.

(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as
amended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 839), is further amended--
(1) under the agency heading relating to Chemical
Demilitarization Program, in the item relating to Pueblo
Chemical Activity, Colorado, by striking ``$203,500,000'' in
the amount column and inserting ``$261,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$607,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of that Act
(110 Stat. 2779), as so amended, is further amended by
striking ``$203,500,000'' and inserting ``$261,000,000''.

SEC. 2109. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECT.

The table in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001, as enacted into law by Public Law 106-398; 114
Stat. 1654A-390) is amended by striking ``Camp Page'' in the
installation or location column and inserting ``Camp
Stanley''.

SEC. 2110. PLANNING AND DESIGN FOR ANECHOIC CHAMBER AT WHITE
SANDS MISSILE RANGE, NEW MEXICO.

(a) Planning and Design.--The amount authorized to be
appropriated by section 2104(a)(5), for planning and design
for military construction for the Army is hereby increased by
$3,000,000, with the amount of the increase to be available
for planning and design for an anechoic chamber at White
Sands Missile Range, New Mexico.
(b) Offset.--The amount authorized to be appropriated by
section 301(a)(1) for the Army for operation and maintenance
is hereby reduced by $3,000,000, with the amount of the
reduction to be allocated to Base Operations Support
(Servicewide Support).

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:

[[Page H5526]]

Naval District, $2,690,000
Washington.
Florida........................ Eglin Air Force Base... $6,350,000
Naval Air Station, $6,770,000
Jacksonville.
Naval Air Station, $1,900,000
Mayport.
Naval Air Station, $990,000
Pensacola.
Panama City............ $10,700,000
Georgia........................ Naval Submarine Base, $1,580,000
Kings Bay.
Hawaii......................... Ford Island............ $19,400,000
Marine Corps Base, $9,500,000
Hawaii.
Naval Station, Pearl $14,690,000
Harbor.
Illinois....................... Naval Training Center, $93,190,000
Great Lakes.
Maine.......................... Naval Air Station, $9,830,000
Brunswick.
Naval Shipyard, $15,200,000
Portsmouth.
Maryland....................... Andrews Air Force Base. $9,680,000
Naval Surface Warfare $12,900,000
Center, Carderock
Division.
Mississippi.................... Naval Air Station, $2,850,000
Meridian.
Naval Construction $5,460,000
Battalion Center,
Gulfport.
Naval Station, $25,305,000
Pascagoula.
New Jersey..................... Naval Air Warfare $5,200,000
Center, Lakehurst.
Naval Weapons Station, $5,600,000
Earle.
North Carolina................. Camp LeJeune........... $5,370,000
Marine Corps Air $6,040,000
Station, Cherry Point.
Marine Corps Air $6,920,000
Station, New River.
Rhode Island................... Naval Station, Newport. $9,030,000
South Carolina................. Marine Corps Air $13,700,000
Station, Beaufort.
Marine Corps Recruit $10,490,000
Depot, Parris Island.
Naval Weapons Station, $5,740,000
Charleston.
Texas.......................... Naval Air Station, $6,210,000
Kingsville.
Naval Station, $5,480,000
Ingleside.
Virginia....................... Marine Corps Combat $19,554,000
Development Command,
Quantico.
Naval Amphibious Base, $9,770,000
Little Creek.
Naval Air Station, $2,260,000
Norfolk.
Naval Air Station, $16,490,000
Oceana.
Naval Ship Yard, $36,470,000
Norfolk.
Naval Station, Norfolk. $168,965,000
Naval Surface Warfare $15,830,000
Center, Dahlgren.
Naval Weapons Station, $15,020,000
Yorktown.
Washington..................... Naval Air Station, $17,580,000
Whidbey Island.
Naval Magazine, Port $4,030,000
Hadlock.
Naval Shipyard, Puget $54,132,000
Sound.
Naval Station, $45,870,000
Bremerton.
Naval Submarine Base, $22,310,000
Bangor.
Strategic Weapons $7,340,000
Facility, Bangor.
Various Locations.............. Host Nation $1,000,000
Infrastructure.
---------------
Total................ $988,588,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:

Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Naval Support Activity, $25,970,000
Bahrain.
Cuba........................... Naval Station, $4,280,000
Guantanamo.
Diego Garcia................... Diego Garcia, Naval $11,090,000
Support Facility.
Greece......................... Naval Support Activity, $14,800,000
Joint Headquarters
Command, Larissa.
Guam........................... Commander, United $13,400,000
States Naval Forces,
Guam.
Iceland........................ Naval Air Station, $14,920,000
Keflavik.
Italy.......................... Naval Air Station, $66,960,000
Sigonella.
Spain.......................... Joint Headquarters $2,890,000
Command, Madrid.
Naval Station, Rota.... $18,700,000
---------------
Total................ $173,010,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Air Station, 178 Units.................... $40,981,000
Lemoore.
Twentynine Palms......... 76 Units..................... $19,425,000
Connecticut........................... Naval Submarine Base, New 100 Units.................... $24,415,000
London.
Florida............................... Naval Station, Mayport... 1 Unit....................... $329,000
Hawaii................................ Marine Corps Base, 65 Units..................... $24,797,000
Kaneohe Bay.
Mississippi........................... Naval Air Station, 56 Units..................... $9,755,000
Meridian.
North Carolina........................ Marine Corps Base, Camp 317 Units.................... $43,650,000
LeJeune.
Virginia.............................. Marine Corps Base, 290 Units.................... $41,843,000
Quantico.
Greece................................ Naval Support Activity 2 Units...................... $1,232,000
Joint Headquarters
Command, Larissa.
United Kingdom....................... Joint Maritime Facility, 62 Units..................... $18,524,000
St. Mawgan.
---------------
Total...................... $224,951,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriation in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction

[[Page H5527]]

or improvement of military family housing units in an amount
not to exceed $11,281,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $139,468,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,478,174,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $932,123,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $170,440,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $23,262,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $87,803,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$375,700,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $867,788,000.
(6) For replacement of a pier at Naval Station, Norfolk,
Virginia, authorized in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1287), as amended by
section 2205 of this Act, $33,520,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a):
(2) $8,345,000 (the balance of the amount authorized under
section 2201(a) for a bachelors enlisted quarters shipboard
ashore, Naval Station, Pascagoula, Mississippi);
(3) $48,120,000 (the balance of the amount authorized under
section 2201(a) for a bachelors enlisted quarters shipboard
ashore, Naval Station, Norfolk, Virginia); and
(4) $2,570,000 (the balance of the amount authorized under
section 2201(b) for a quality of life support facility, Naval
Air Station Sigonella, Italy).
(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--
(1) $3,992,000, which represents savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and
military family housing support outside the United States;
and
(2) $10,470,000, which represents adjustments for the
accounting of civilian personnel benefits.

SEC. 2205. MODIFICATION TO CARRY OUT CERTAIN FISCAL YEAR 2002
PROJECTS.

(a) Military Construction Project at Naval Station,
Norfolk, Virginia.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1286) is
amended--
(1) in the item relating to Naval Station, Norfolk,
Virginia, by striking ``$139,270,000'' in the amount column
and inserting ``$139,550,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,059,030,000''.
(b) Conforming Amendment.--Section 2204(b)(2) of that Act
(115 Stat. 1289) is amended by striking ``$33,240,000'' and
inserting ``$33,520,000''.
(c) Military Family Housing at Quantico, Virginia.--The
table in section 2202(a) of that Act (115 Stat. 1287) is
amended in the item relating to Marine Corps Combat
Development Command, Quantico, Virginia, by striking ``60
Units'' in the purpose column and inserting ``39 Units''.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alaska......................... Clear Air Force Station $14,400,000
Eielson Air Force Base. $41,100,000
Arizona........................ Davis-Monthan Air Force $19,270,000
Base.
Arkansas....................... Little Rock Air Force $25,600,000
Base.
California..................... Beale Air Force Base... $11,740,000
Travis Air Force Base.. $23,900,000
Vandenberg Air Force $10,500,000
Base.
Colorado....................... Buckley Air Force Base. $17,700,000
Peterson Air Force Base $5,500,000
Schriever Air Force $5,700,000
Base.
United States Air Force $4,200,000
Academy.
District of Columbia........... Bolling Air Force Base. $5,000,000
Florida........................ Eglin Air Force Base... $4,250,000
Hurlburt Field......... $15,000,000
MacDill Air Force Base. $7,000,000
Georgia........................ Robins Air Force Base.. $5,400,000
Warner-Robins Air Force $24,000,000
Base.
Hawaii......................... Hickam Air Force Base.. $1,350,000
Louisiana...................... Barksdale Air Force $22,900,000
Base.
Maryland....................... Andrews Air Force Base. $9,600,000
Massachusetts.................. Fourth Cliff, Scituate. $9,500,000
Hanscom Air Force Base. $7,700,000
Mississippi.................... Keesler Air Force Base. $22,000,000
Nebraska....................... Offutt Air Force Base.. $11,000,000
Nevada......................... Nellis Air Force Base.. $56,850,000
New Jersey..................... McGuire Air Force Base. $24,631,000
New Mexico..................... Cannon Air Force Base.. $4,650,000
Holloman Air Force Base $4,650,000
Kirtland Air Force Base $21,900,000
North Carolina................. Pope Air Force Base.... $9,700,000
Seymour Johnson Air $10,600,000
Force Base.
North Dakota................... Minot Air Force Base... $18,000,000
Ohio........................... Wright-Patterson Air $35,400,000
Force Base.
Oklahoma....................... Altus Air Force Base... $14,800,000
Vance Air Force Base... $4,800,000
South Carolina................. Shaw Air Force Base.... $6,500,000
South Dakota................... Ellsworth Air Force $13,200,000
Base.
Texas.......................... Goodfellow Air Force $10,600,000
Base.
Lackland Air Force Base $41,500,000
Sheppard Air Force Base $16,000,000
Utah........................... Hill Air Force Base.... $16,500,000
Virginia....................... Langley Air Force Base. $71,940,000
Wyoming........................ F.E. Warren Air Force $15,000,000
Base.
---------------
Total.................. $721,531,000
------------------------------------------------------------------------

[[Page H5528]]

(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 Base...... $71,783,000
Guam........................... Andersen Air Force Base $31,000,000
Italy.......................... Aviano Air Base........ $6,600,000
Japan.......................... Kadena Air Base........ $6,000,000
Korea.......................... Osan Air Base.......... $15,100,000
Spain.......................... Naval Station, Rota.... $31,818,000
Turkey......................... Incirlik Air Base...... $1,550,000
United Kingdom................. Diego Garcia........... $17,100,000
Royal Air Force, $19,000,000
Fairford.
Royal Air Force, $13,400,000
Lakenheath.
Wake Island.................... Wake Island............ $24,900,000
---------------
Total................ $238,251,000
------------------------------------------------------------------------

(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 Locations... $24,993,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations,
for the purposes, and in the amounts set forth in the
following table:

Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Luke Air Force Base...... 140 Units.................... $18,954,000
California............................ Travis Air Force Base.... 110 Units.................... $24,320,000
Colorado.............................. Peterson Air Force Base.. 2 Units...................... $959,000
United States Air Force 71 Units..................... $12,424,000
Academy.
Delaware.............................. Dover Air Force Base..... 112 Units.................... $19,615,000
Florida............................... Eglin Air Force Base..... Housing Office............... $597,000
Eglin Air Force Base..... 134 Units.................... $15,906,000
MacDill Air Force Base... 96 Units..................... $18,086,000
Hawaii................................ Hickam Air Force Base.... 96 Units..................... $29,050,000
Idaho................................. Mountain Home Air Force 95 Units..................... $24,392,000
Base.
Kansas................................ McConnell Air Force Base. Housing Maintenance Facility. $1,514,000
Maryland.............................. Andrews Air Force Base... 53 Units..................... $9,838,000
Andrews Air Force Base... 52 Units..................... $8,807,000
Mississippi........................... Columbus Air Force Base.. Housing Office............... $412,000
Keesler Air Force Base... 117 Units.................... $16,605,000
Missouri.............................. Whiteman Air Force Base.. 22 Units..................... $3,977,000
Montana............................... Malmstrom Air Force Base. 18 Units..................... $4,717,000
New Mexico............................ Holloman Air Force Base.. 101 Units.................... $20,161,000
North Carolina........................ Pope Air Force Base...... Housing Maintenance Facility. $991,000
Seymour Johnson Air Force 126 Units.................... $18,615,000
Base.
North Dakota.......................... Grand Forks Air Force 150 Units.................... $30,140,000
Base.
Minot Air Force Base..... 112 Units.................... $21,428,000
Minot Air Force Base..... 102 Units.................... $20,315,000
Oklahoma.............................. Vance Air Force Base..... 59 Units..................... $11,423,000
South Dakota.......................... Ellsworth Air Force Base. Housing Maintenance Facility. $447,000
Ellsworth Air Force Base. 22 Units..................... $4,794,000
Texas................................. Dyess Air Force Base..... 85 Units..................... $14,824,000
Randolph Air Force Base.. Housing Maintenance Facility. $447,000
Randolph Air Force Base.. 112 Units.................... $14,311,000
Virginia.............................. Langley Air Force Base... Housing Office............... $1,193,000
Germany............................... Ramstein Air Force Base.. 19 Units..................... $8,534,000
Korea................................. Osan Air Base............ 113 Units.................... $35,705,000
Osan Air Base............ Housing Supply Warehouse..... $834,000
United Kingdom........................ Royal Air Force Housing Office and $2,203,000
Lakenheath. Maintenance Facility.
---------------
Total.................... $416,438,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $34,188,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, Unites States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $226,068,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

[[Page H5529]]

(1) For military construction projects inside the United
States authorized by section 2301(a), $709,431,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $238,251,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$24,993,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,500,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $81,416,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$676,694,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $874,050,000.
(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--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2) and (3) of subsection (a);
(2) $7,100,000 (the balance of the amount authorized under
section 2301(a) for construction of a consolidated base
engineer complex at Altus Air Force Base, Oklahoma); and
(3) $5,000,000 (the balance of the amount authorized under
section 2301(a) for construction of a storm drainage system
at F.E. Warren Air Force Base, Wyoming).
(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 $19,063,000,
which represents savings resulting from adjustments to
foreign currency exchange rates for military construction,
military family housing construction, and military family
housing support outside the United States.

SEC. 2305. AUTHORITY FOR USE OF MILITARY CONSTRUCTION FUNDS
FOR CONSTRUCTION OF PUBLIC ROAD NEAR AVIANO AIR
BASE, ITALY, CLOSED FOR FORCE PROTECTION
PURPOSES.

(a) Authority To Use Funds.--The Secretary of the Air Force
may, using amounts authorized to be appropriated by section
2301(b), carry out a project to provide a public road, and
associated improvements, to replace a public road adjacent to
Aviano Air Base, Italy, that has been closed for force
protection purposes.
(b) Scope of Authority.--(1) The authority of the Secretary
to carry out the project referred to in subsection (a) shall
include authority as follows:
(A) To acquire property for the project for transfer to a
host nation authority.
(B) To provide funds to a host nation authority to acquire
property for the project.
(C) To make a contribution to a host nation authority for
purposes of carrying out the project.
(D) To provide vehicle and pedestrian access to landowners
effected by the project.
(2) The acquisition of property using authority in
subparagraph (A) or (B) of paragraph (1) may be made
regardless of whether or not ownership of such property will
vest in the United States.
(c) Inapplicability of Certain Real Property Management
Requirement.--Section 2672(a)(1)(B) of title 10, United
States Code, shall not apply with respect to any acquisition
of interests in land for purposes of the project authorized
by subsection (a).

SEC. 2306. ADDITIONAL PROJECT AUTHORIZATION FOR AIR TRAFFIC
CONTROL FACILITY AT DOVER AIR FORCE BASE,
DELAWARE.

(a) Project Authorized.--In addition to the projects
authorized by section 2301(a), the Secretary of the Air Force
may carry out carry out a military construction project,
including land acquisition relating thereto, for construction
of a new air traffic control facility at Dover Air Force
Base, Delaware, in the amount of $7,500,000.
(b) Authorization of Appropriations.--The amount authorized
to be appropriated by section 2304(a), and by paragraph (1)
of that section, is hereby increased by $7,500,000.
(c) Offset.--The amount authorized to be appropriated by
section 301(a)(10) for operation and maintenance for the Army
National Guard is hereby reduced by $7,500,000, with the
amount of the reduction to be allocated to the Classified
Network Program.

SEC. 2307. AVAILABILITY OF FUNDS FOR CONSOLIDATION OF
MATERIALS COMPUTATIONAL RESEARCH FACILITY AT
WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

(a) Availability.--Of the amount authorized to be
appropriated by section 2304(a), and paragraph (1) of that
section, for the Air Force and available for military
construction projects at Wright-Patterson Air Force Base,
Ohio, $15,200,000 may be available for a military
construction project for consolidation of the materials
computational research facility at Wright-Patterson Air Force
Base (PNZHTV033301A).
(b) Offset.--(1) The amount authorized to be appropriated
by section 301(a)(4) for the Air Force for operation and
maintenance is hereby reduced by $2,800,000, with the amount
of the reduction to be allocated to Recruiting and
Advertising.
(2) Of the amount authorized to be appropriated by section
2304(a), and paragraph (1) of that section, for the Air Force
and available for military construction projects at Wright-
Patterson Air Force Base--
(A) the amount available for a dormitory is hereby reduced
by $10,400,000; and
(B) the amount available for construction of a Fully
Contained Small Arms Range Complex is hereby reduced by
$2,000,000.

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
2404(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Missile Defense Agency......... Kauai, Hawaii.......... $23,400,000
Defense Intelligence Agency.... Bolling Air Force Base, $121,958,000
District of Columbia.
Defense Logistics Agency....... Defense Supply Center, $5,021,000
Columbus, Ohio.
Defense Supply Center, $5,500,000
Richmond, Virginia....
Naval Air Station, New $9,500,000
Orleans, Louisiana....
Travis Air Force Base, $16,000,000
California............
Defense Threat Reduction Agency Fort Belvoir, Virginia. $76,388,000
Department of Defense Fort Bragg, North $2,036,000
Dependents Schools. Carolina.
Fort Jackson, South $2,506,000
Carolina..............
Marine Corps Base, Camp $12,138,000
LeJeune, North
Carolina..............
Marine Corps Base, $1,418,000
Quantico, Virginia....
United States Military $4,347,000
Academy, West Point,
New York..............
Joint Chiefs of Staff.......... Conus Various.......... $25,000,000
National Security Agency....... Fort Meade, Maryland... $4,484,000
Special Operations Command..... Fort Bragg, North $30,800,000
Carolina.
Hurlburt Field, Florida $11,100,000
Naval Amphibious Base, $14,300,000
Little Creek, Virginia
Stennis Space Center, $5,000,000
Mississippi...........
TRICARE Management Activity.... Elmendorf Air Force $10,400,000
Base, Alaska.
Hickam Air Force Base, $2,700,000
Hawaii................
Washington Headquarters Arlington, Virginia.... $18,000,000
Services.
Washington Headquarters $2,500,000
Services, District of
Columbia.
---------------
Total................ $404,496,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2404(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:

[[Page H5530]]

Naval Forces Marianas $6,000,000
Islands, Guam.........
Naval Station, Rota, $23,400,000
Spain.................
Royal Air Force, $17,000,000
Fairford, United
Kingdom...............
Yokota Air Base, Japan. $23,000,000
Department of Defense Kaiserslautern, Germany $957,000
Dependents Schools.
Lajes Field, Azores, $1,192,000
Portugal..............
Seoul, Korea........... $31,683,000
Mons, Belgium.......... $1,573,000
Spangdahlem Air Base, $997,000
Germany...............
Vicenza, Italy......... $2,117,000
TRICARE Management Activity.... Naval Support Activity, $41,449,000
Naples, Italy.
Spangdahlem Air Base, $39,629,000
Germany...............
---------------
Total................ $225,583,000
------------------------------------------------------------------------

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2404(a)(8)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $5,480,000.

SEC. 2403. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(4), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $50,531,000.

SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments) in the total
amount of $1,316,972,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $367,896,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $225,583,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $16,293,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $44,232,000.
(6) For energy conservation projects authorized by section
2403 of this Act, $50,531,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $545,138,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $5,480,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $42,432,000.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $2,000,000.
(9) For payment of a claim against the Hospital Replacement
project at Elmendorf Air Force Base, Alaska, $10,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $26,200,000 (the balance of the amount authorized under
section 2401(a) for the construction of the Defense Threat
Reduction Center, Fort Belvoir, Virginia).
(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--
(1) $2,976,000, which represents savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and
military family housing support outside the United States;
and
(2) $37,000, which represents adjustments for the
accounting of civilian personnel benefits.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2002, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment program authorized by section 2501, in
the amount of $168,200,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

There are authorized to be appropriated for fiscal years
beginning after September 30, 2002, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions there for, 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,
$186,588,000; and
(B) for the Army Reserve, $62,992,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $58,671,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$212,459,000; and
(B) for the Air Force Reserve, $59,883,000.

SEC. 2602. ARMY NATIONAL GUARD RESERVE CENTER, LANE COUNTY,
OREGON.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 2601(1)(A)
for the Army National Guard of the United States is hereby
increased by $9,000,000.
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 2601(1)(A) for the Army National
Guard of the United States, as increased by subsection (a),
$9,000,000 may be available for a military construction
project for a Reserve Center in Lane County, Oregon.
(2) The amount available under paragraph (1) for the
military construction project referred to in that paragraph
is in addition to any other amounts available under this Act
for that project.
(c) Offset.--(1) The amount authorized to be appropriated
by section 201(2) for research, development, test, and
evaluation for the Navy is hereby reduced by $2,500,000, with
the amount of the reduction to be allocated to Warfighter
Sustainment Advanced Technology (PE 0603236N).
(2) The amount authorized to be appropriated by section
301(a)(6) for operation and maintenance for the Army Reserve
is hereby reduced by $6,000,000, with the amount of the
reduction to be allocated to the Enhanced Secure
Communications Program.

SEC. 2603. ADDITIONAL PROJECT AUTHORIZATION FOR COMPOSITE
SUPPORT FACILITY FOR ILLINOIS AIR NATIONAL
GUARD.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 2601(3)(A)
for the Air National Guard is hereby increased by
$10,000,000.
(b) Availability.--Of the amount authorized to be
appropriated by section 2601(3)(A) for the Air National
Guard, as increased by subsection (a), $10,000,000 may be
available for a military construction project for a Composite
Support Facility for the 183rd Fighter Wing of the Illinois
Air National Guard.
(c) Offset.--The amount authorized to be appropriated by
section 301(a)(5) for operation and maintenance, defense-
wide, is hereby reduced by $10,000,000, with the amount of
the reduction to be allocated to amounts available for the
Information Operations Program.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.

[[Page H5531]]

North Atlantic Treaty Organization Security Investment
program (and authorizations of appropriations therefor) for
which appropriated funds have been obligated before the later
of--
(1) October 1, 2005; or
(2) the date of the enactment of an Act authorized funds
for fiscal year 2005 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2000 PROJECTS.

(a) Extension of Certain Projects.--Notwithstanding section
2701 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat.
841), authorizations set forth in the tables in subsection
(b), as provided in section 2302 or 2601 of that Act, shall
remain in effect until October 1, 2003, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2004, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:

Air Force: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000
Units).
Texas................................. Lackland Air Force Base.. Dormitory.................... $5,300,000
----------------------------------------------------------------------------------------------------------------

Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Fort Pickett............. Multi-Purpose Range Complex- $13,500,000
Heavy.
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1999 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2199),
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act and extended by section
2702 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1301), shall remain in effect until October 1, 2003, or the
date of the enactment of an Act authorizing funds for
military construction for fiscal year 2004, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Replace Family Housing (55 $8,988,000
Units).
Florida............................... Patrick Air Force Base... Replace Family Housing (46 $9,692,000
Units).
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (37 $6,400,000
Units).
Ohio.................................. Wright-Patterson Air Replace Family Housing (40 $5,600,000
Force Base. Units).
----------------------------------------------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, and XXVII of this
Act shall take effect on the later of--
(1) October 1, 2002; or
(2) the date of the enactment of this Act.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. LEASE OF MILITARY FAMILY HOUSING IN KOREA.

(a) Increase in Number of Units Authorized for Lease at
Current Maximum Amount.--Paragraph (3) of section 2828(e) of
title 10, United States Code, is amended by striking ``800
units'' and inserting ``1,175 units''.
(b) Authority To Lease Additional Number of Units at
Increased Maximum Amount.--That section is further amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) In addition to the units of family housing referred
to in paragraph (1) for which the maximum lease amount is
$25,000 per unit per year, the Secretary of the Army may
lease not more than 2,400 units of family housing in Korea
subject to a maximum lease amount of $35,000 per unit per
year.'';
(3) in paragraph (5), as so redesignated, by striking ``and
(3)'' and inserting ``(3), and (4)''; and
(4) in paragraph (6), as so redesignated, by striking
``53,000'' and inserting ``55,775''.

SEC. 2802. REPEAL OF SOURCE REQUIREMENTS FOR FAMILY HOUSING
CONSTRUCTION OVERSEAS.

Section 803 of the Military Construction Authorization Act,
1984 (Public Law 98-115; 10 U.S.C. 2821 note) is repealed.

SEC. 2803. MODIFICATION OF LEASE AUTHORITIES UNDER
ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.

(a) Leasing of Housing.--Subsection (a) of section 2874 of
title 10, United States Code, is amended to read as follows:
``(a) Lease Authorized.--(1) The Secretary concerned may
enter into contracts for the lease of housing units that the
Secretary determines are suitable for use as military family
housing or military unaccompanied housing.
``(2) The Secretary concerned shall utilize housing units
leased under paragraph (1) as military family housing or
military unaccompanied housing, as appropriate.''.
(b) Repeal of Interim Lease Authority.--Section 2879 of
such title is repealed.
(c) Conforming and Clerical Amendments.--(1) The heading
for section 2874 of such title is amended to read as follows:

``Sec. 2874. Leasing of housing''.

(2) The table of sections at the beginning of subchapter IV
of chapter 169 of such title is amended--
(A) by striking the item relating to section 2874 and
inserting the following new item:

``2874. Leasing of housing.'';
and
(B) by striking the item relating to section 2879.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES TO ENHANCE
MILITARY TRAINING, TESTING, AND OPERATIONS.

(a) In General.--Chapter 159 of title 10, United States
Code, is amended by inserting after section 2696 the
following new section:

``Sec. 2697. Agreements with private entities to enhance
military training, testing, and operations

``(a) Agreements With Private Entities Authorized.--The
Secretary of Defense or the Secretary of a military
department may enter into an agreement with a private entity
described in subsection (b) to address the use or development
of real property in the vicinity of an installation under the
jurisdiction of such Secretary for purposes of--
``(1) limiting any development or use of such property that
would otherwise be incompatible with the mission of such
installation; or
``(2) preserving habitat on such property in a manner that
is compatible with both--
``(A) current or anticipated environmental requirements
that would or might otherwise restrict, impede, or otherwise
interfere, whether directly or indirectly, with current or
anticipated military training, testing, or operations on such
installation; and
``(B) current or anticipated military training, testing, or
operations on such installation.
``(b) Covered Private Entities.--A private entity described
in this subsection is any private entity that has as its
stated principal organizational purpose or goal the
conservation, restoration, or preservation of land and
natural resources, or a similar purpose or goal.

[[Page H5532]]

``(c) Inapplicability of Certain Contract Requirements.--
Chapter 63 of title 31 shall not apply to any agreement
entered into under this section.
``(d) Acquisition and Acceptance of Property and
Interests.--(1) Subject to the provisions of this subsection,
an agreement with a private entity under this section--
``(A) may provide for the private entity to acquire all
right, title, and interest in and to any real property, or
any lesser interest therein, as may be appropriate for
purposes of this section; and
``(B) shall provide for the private entity to transfer to
the United States, upon the request of the United States, any
property or interest so acquired.
``(2) Property or interests may not be acquired pursuant to
an agreement under this section unless the owner of such
property or interests, as the case may be, consents to the
acquisition.
``(3) An agreement under this section providing for the
acquisition of property or interests under paragraph (1)(A)
shall provide for the sharing by the United States and the
private entity concerned of the costs of the acquisition of
such property or interests.
``(4) The Secretary concerned shall identify any property
or interests to be acquired pursuant to an agreement under
this section. Such property or interests shall be limited to
the minimum property or interests necessary to ensure that
the property concerned is developed and used in a manner
appropriate for purposes of this section.
``(5) The Secretary concerned may accept on behalf of the
United States any property or interest to be transferred to
the United States under paragraph (1)(B).
``(6) The Secretary concerned may, for purposes of the
acceptance of property or interests under this subsection,
accept an appraisal or title documents prepared or adopted by
a non-Federal entity as satisfying the applicable
requirements of section 301 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4651) or section 355 of the Revised Statutes (40
U.S.C. 255) if the Secretary finds that such appraisal or
title documents substantially comply with such requirements.
``(e) Additional Terms and Conditions.--The Secretary
concerned may require such additional terms and conditions in
an agreement under this section as such Secretary considers
appropriate to protect the interests of the United States.
``(f) Funding.--(1) Except as provided in paragraph (2),
amounts authorized to be appropriated to the Range
Enhancement Initiative Fund of the Department of Defense are
available for purposes of any agreement under this section.
``(2) In the case of an installation operated primarily
with funds authorized to be appropriated for research,
development, test, and evaluation, funds authorized to be
appropriated for the Department of Defense, or the military
department concerned, for research, development, test, and
evaluation are available for purposes of an agreement under
this section with respect to such installation.
``(3) Amounts in the Fund that are made available for an
agreement of a military department under this section shall
be made available by transfer from the Fund to the applicable
operation and maintenance account of the military department,
including the operation and maintenance account for the
active component, or for a reserve component, of the military
department.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2696 the following new item:

``2697. Agreements with private entities to enhance military training,
testing, and operations.''.

SEC. 2812. CONVEYANCE OF SURPLUS REAL PROPERTY FOR NATURAL
RESOURCE CONSERVATION.

(a) In General.--(1) Chapter 159 of title 10, United States
Code, as amended by section 2811 of this Act, is further
amended by inserting after section 2697 the following new
section:

``Sec. 2698. Conveyance of surplus real property for natural
resource conservation

``(a) Authority To Convey.--Subject to subsection (c), the
Secretary of a military department may, in the sole
discretion of such Secretary, convey to any State or local
government or instrumentality thereof, or private entity that
has as its primary purpose or goal the conservation of open
space or natural resources on real property, all right,
title, and interest of the United States in and to any real
property, including any improvements thereon, under the
jurisdiction of such Secretary that is described in
subsection (b).
``(b) Covered Real Property.--Real property described in
this subsection is any property that--
``(1) is suitable, as determined by the Secretary
concerned, for use for the conservation of open space or
natural resources;
``(2) is surplus property for purposes of title II of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.); and
``(3) has been available for public benefit conveyance
under that title for a sufficient time, as determined by the
Secretary concerned in consultation with the Administrator of
General Services, to permit potential claimants to seek
public benefit conveyance of such property, but without the
submittal during that time of a request for such conveyance.
``(c) Conditions of Conveyance.--Real property may not be
conveyed under this section unless the conveyee of such
property agrees that such property--
``(1) shall be used and maintained for the conservation of
open space or natural resources in perpetuity, unless
otherwise provided for under subsection (e); and
``(2) may be subsequently conveyed only if--
``(A) the Secretary concerned approves in writing such
subsequent conveyance;
``(B) the Secretary concerned notifies the appropriate
committees of Congress of the subsequent conveyance not later
than 21 days before the subsequent conveyance; and
``(C) after such subsequent conveyance, shall be used and
maintained for the conservation of open space or natural
resources in perpetuity, unless otherwise provided for under
subsection (e).
``(d) Use for Incidental Production of Revenue.--Real
property conveyed under this section may be used for the
incidental production of revenue, as determined by the
Secretary concerned, if such production of revenue is
compatible with the use of such property for the conservation
of open space or natural resources, as so determined.
``(e) Reversion.--If the Secretary concerned determines at
any time that real property conveyed under this section is
not being used and maintained in accordance with the
agreement of the conveyee under subsection (c), all right,
title, and interest in and to such real property, including
any improvements thereon, shall revert to the United States,
and the United States shall have the right of immediate entry
thereon.
``(f) Property Under Base Closure Laws.--The Secretary
concerned may not make a conveyance under this section of any
real property to be disposed of under a base closure law in a
manner that is inconsistent with the requirements and
conditions of such base closure law.
``(g) Additional Terms and Conditions.--The Secretary
concerned may establish such additional terms and conditions
in connection with a conveyance of real property under this
section as such Secretary considers appropriate to protect
the interests of the United States.
``(h) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' has the
meaning given that term in section 2801(c)(4) of this title.
``(2) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Marianas, and the territories and possessions of the
United States.
``(3) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act of 1988 (10 U.S.C. 2687
note).
``(C) 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).
``(D) Any other similar authority for the closure or
realignment of military installations that is enacted after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2003.''.
(2) The table of sections at the beginning of chapter 159
of that title, as amended by section 2811 of this Act, is
further amended by inserting after the item relating to
section 2687 the following new item:

``2698. Conveyance of surplus real property for natural resource
conservation.''.
(b) Acceptance of Funds to Cover Administrative Expenses.--
Section 2695(b) of that title is amended by adding at the end
the following new paragraph:
``(5) The conveyance of real property under section 2698 of
this title.''.
(c) Agreements With Private Entities.--Section 2701(d) of
that title is amended--
(1) in paragraph (1), by striking ``with any State or local
government agency, or with any Indian tribe,'' and inserting
``any State or local government agency, any Indian tribe, or,
for purposes under section 2697 or 2698 of this title, with
any private entity''; and
(2) by striking paragraph (4), as redesignated by section
311(1) of this Act, and inserting the following new paragraph
(4):
``(4) Definitions.--In this subsection:
``(A) The term `Indian tribe' has the meaning given such
term in section 101(36) of Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(36)).
``(B) The term `private entity' means any private entity
that has as its stated principal organizational purpose or
goal the conservation, restoration, or preservation of land
and natural resources, or a similar purpose or goal.''.

SEC. 2813. MODIFICATION OF DEMONSTRATION PROGRAM ON REDUCTION
IN LONG-TERM FACILITY MAINTENANCE COSTS.

(a) Administrator of Program.--Subsection (a) of section
2814 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1310; 10 U.S.C. 2809 note) is amended by striking ``Secretary
of the Army'' and inserting ``Secretary of Defense or the
Secretary of a military department''.
(b) Contracts.--Subsection (b) of that section is amended
to read as follows:
``(b) Contracts.--(1) Not more than 12 contracts may
contain requirements referred to in subsection (a) for the
purpose of the demonstration program.
``(2) Except as provided in paragraph (3), the
demonstration program may only cover contracts entered into
on or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2003.
``(3) The Secretary of the Army shall treat any contract
containing requirements referred to in subsection (a) that
was entered into under the authority in that subsection
during the period beginning on December 28, 2001, and ending
on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2003 as a contract for the
purpose of the demonstration program under that
subsection.''.

[[Page H5533]]

(c) Reporting Requirements.--Subsection (d) of that section
is amended by striking ``Secretary of the Army'' and
inserting ``Secretary of Defense''.
(d) Funding.--(1) Subsection (f) of that section is amended
by striking ``the Army'' and inserting ``the military
departments or defense-wide''.
(2) The amendment made by paragraph (1) shall not affect
the availability for the purpose of the demonstration program
under section 2814 of the Military Construction Authorization
Act for Fiscal Year 2002, as amended by this section, of any
amounts authorized to be appropriated before the date of the
enactment of this Act for the Army for military construction
that have been obligated for the demonstration program, but
not expended, as of that date.

Subtitle C--Land Conveyances

SEC. 2821. CONVEYANCE OF CERTAIN LANDS IN ALASKA NO LONGER
REQUIRED FOR NATIONAL GUARD PURPOSES.

(a) Conveyance Authorized.--The Secretary of the Army may
convey to the State of Alaska, or any governmental entity,
Native Corporation, or Indian tribe within the State of
Alaska, all right, title, and interest of the United States
in and to any parcel of real property, including any
improvements thereon, described in subsection (b) that the
Secretary considers appropriate in the public interest.
(b) Covered Property.--Real property described in this
subsection is any property located in the State of Alaska
that, as determined by the Secretary--
(1) is currently under the jurisdiction of the Department
of the Army;
(2) before December 2, 1980, was under the jurisdiction of
the Department of the Army for use of the Alaska National
Guard;
(3) is located in a unit of the National Wildlife Refuge
System designated in the Alaska National Interest Lands
Conservation Act (94 Stat. 2371; 16 U.S.C. 1301 note);
(4) is excess to the needs of the Alaska National Guard and
the Department of Defense; and
(5) is in such condition that--
(A) the anticipated cost to the United States of retaining
such property exceeds the value of such property; or
(B) such property is unsuitable for retention by the United
States.
(c) Consideration.--(1) The conveyance of real property
under this section shall, at the election of the Secretary,
be for no consideration or for consideration in an amount
determined by the Secretary to be appropriate under the
circumstances.
(2) If consideration is received under paragraph (1) for
property conveyed under subsection (a), the Secretary may use
the amounts received, to the extent provided in
appropriations Acts, to pay for--
(A) the cost of a survey described in subsection (d) with
respect to such property;
(B) the cost of carrying out any environmental assessment,
study, or analysis, and any remediation, that may be required
under Federal law, or is considered appropriate by the
Secretary, in connection with such property or the conveyance
of such property; and
(C) any other costs incurred by the Secretary in conveying
such property.
(d) Description of Property.--The exact acreage and legal
description of any real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a conveyance of real property under this section as the
Secretary considers appropriate to protect the interests of
the United States.
(f) Definitions.--In this section:
(1) The term ``Indian tribe'' has the meaning given such
term in section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (Public Law 103-454; 108 Stat. 4791; 25
U.S.C. 479a).
(2) The term ``Native Corporation'' has the meaning given
such term in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602).

SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Hopkinsville,
Kentucky (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property at Fort Campbell, Kentucky,
consisting of approximately 50 acres and containing an
abandoned railroad spur for the purpose of permitting the
City to use the property for storm water management,
recreation, transportation, and other public purposes.
(b) Reimbursement of Transaction Costs.--(1) The City shall
reimburse the Secretary for any costs incurred by the
Secretary in carrying out the conveyance authorized by
subsection (a).
(2) Any reimbursement for costs that is received under
paragraph (1) shall be credited to the fund or account
providing funds for such costs. Amounts so credited shall be
merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(c) Description of Property.--The acreage of the real
property to be conveyed under subsection (a) has been
determined by the Secretary through a legal description
outlining such acreage. No further survey of the property is
required before conveyance under that subsection.
(d) 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. 2823. MODIFICATION OF AUTHORITY FOR LAND TRANSFER AND
CONVEYANCE, NAVAL SECURITY GROUP ACTIVITY,
WINTER HARBOR, MAINE.

(a) Modification of Conveyance Authority for Corea and
Winter Harbor Properties.--Section 2845 of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1319) is amended--
(1) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Conveyance and Transfer of Corea and Winter Harbor
Properties Authorized.--(1) 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 parcels of real
property, including any improvements thereon and
appurtenances thereto, comprising the former facilities of
the Naval Security Group Activity, Winter Harbor, Maine, as
follows:
``(A) The parcel consisting of approximately 50 acres known
as the Corea Operations Site.
``(B) Three parcels consisting of approximately 23 acres
and comprising family housing facilities.
``(2) The Secretary of the Navy may transfer to the
administrative jurisdiction of the Secretary of the Interior
a parcel of real property consisting of approximately 404
acres at the former Naval Security Group Activity, which is
the balance of the real property comprising the Corea
Operations Site.
``(3) The Secretary of the Interior shall administer the
property transferred under paragraph (2) as part of the
National Wildlife Refuge System.''; and
(2) in subsections (c), (d), (e), (f), (g), and (h), by
striking ``subsection (b)'' each place it appears and
inserting ``subsection (b)(1)''.
(b) Exemption of Modified Conveyances from Federal
Screening Requirement.--That section is further amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Exemption of Certain Conveyances From Federal
Screening.--Any conveyance authorized by subsection (b)(1) of
this section, as amended by section 2823 of the National
Defense Authorization Act for Fiscal Year 2003, is exempt
from the requirement to screen the property concerned for
further Federal use pursuant to section 2696 of title 10,
United States Code.''.

SEC. 2824. LAND CONVEYANCE, WESTOVER AIR RESERVE BASE,
MASSACHUSETTS.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the City of Chicopee,
Massachusetts (in this section referred to as the ``City''),
all right, title, and interest of the United States in and to
a parcel of real property, including 133 housing units and
other improvements thereon, consisting of approximately 30.38
acres located at Westover Air Reserve Base in Chicopee,
Massachusetts, for the purpose of permitting the City to use
the property for economic development and other public
purposes.
(b) Administrative Expenses.--(1) The Secretary may require
the City to reimburse the Secretary for the costs incurred by
the Secretary to carry out the conveyance under subsection
(a), including survey costs, costs related to environmental
documentation (other than the environmental baseline survey),
and other administrative costs related to the conveyance.
(2) Section 2695(c) of title 10, United States Code, shall
apply to any amount received under this subsection.
(c) 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.
(d) 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. 2825. LAND CONVEYANCE, NAVAL STATION NEWPORT, RHODE
ISLAND.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the State of Rhode Island, or any political
subdivision thereof, any or all right, title, and interest of
the United States in and to a parcel of real property,
together with improvements thereon, consisting of
approximately 34 acres located in Melville, Rhode Island, and
known as the Melville Marina site.
(b) Consideration.--(1) As consideration for the conveyance
of real property under subsection (a), the conveyee shall pay
the United States an amount equal to the fair market value of
the real property, as determined by the Secretary based on an
appraisal of the real property acceptable to the Secretary.
(2) Any consideration received under paragraph (1) shall be
deposited in the account established under section 204(h) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 485(h)), and shall be available as provided for in
that section.
(c) Reimbursement of Transaction Costs.--(1) The Secretary
may require the conveyee of the real property under
subsection (a) to reimburse the Secretary for any costs
incurred by the Secretary in carrying out the conveyance.
(2) Any reimbursement for costs that is received under
paragraph (1) shall be credited to the fund or account
providing funds for such costs. Amounts so credited shall be
merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.

[[Page H5534]]

(d) 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.
(e) 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. 2826. LAND EXCHANGE, BUCKLEY AIR FORCE BASE, COLORADO.

(a) Exchange Authorized.--Subject to subsection (b), the
Secretary of the Air Force may convey to the State of
Colorado (in this section referred to as the ``State'') all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of all or part of the Watkins Communications Site
in Arapahoe County, Colorado.
(b) Limitation.--The Secretary of the Air Force may carry
out the conveyance authorized by subsection (a) only with the
concurrence of the Secretary of Defense.
(c) Consideration.--(1) As consideration for the conveyance
authorized by subsection (a) the State shall convey to the
United States of all right, title, and interest of the State
in and to a parcel of real property, including improvements
thereon, consisting of approximately 41 acres that is owned
by the State and is contiguous to Buckley Air Force Base,
Colorado.
(2) The Secretary shall have jurisdiction over the real
property conveyed under paragraph (1).
(3) Upon conveyance to the United States under paragraph
(1), the real property conveyed under that paragraph is
withdrawn from all forms of appropriation under the general
land laws, including the mining laws and mineral and
geothermal leasing laws.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed
under this section shall be determined by surveys
satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under authorized by this section as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 2827. LAND ACQUISITION, BOUNDARY CHANNEL DRIVE SITE,
ARLINGTON, VIRGINIA.

(a) Acquisition Authorized.--The Secretary of Defense may,
using amounts authorized to be appropriated to be
appropriated by section 2401, acquire all right, title, and
interest in and to a parcel of real property, including any
improvements thereon, in Arlington County, Virginia,
consisting of approximately 7.2 acres and known as the
Boundary Channel Drive Site. The parcel is located southeast
of Interstate Route 395 at the end of Boundary Channel Drive
and was most recently occupied by the Twin Bridges Marriott.
(b) Inclusion in Pentagon Reservation.--Upon its
acquisition under subsection (a), the parcel acquired under
that subsection shall be included in the Pentagon
Reservation, as that term is defined in section 2674(f)(1) of
title 10, United States Code.
(c) Description of Property.--The exact acreage and legal
description of the real property to be acquired under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(d) Terms and Conditions.--The Secretary may require such
terms and conditions in connection with the acquisition under
this section as the Secretary considers appropriate to
protect the interests of the United States.

SEC. 2828. LAND CONVEYANCES, WENDOVER AIR FORCE BASE
AUXILIARY FIELD, NEVADA.

(a) Conveyances Authorized to West Wendover, Nevada.--(1)
The Secretary of the Interior may convey, without
consideration, to the City of West Wendover, Nevada, all
right, title, and interest of the United States in and to the
following:
(A) The lands at Wendover Air Force Base Auxiliary Field,
Nevada, identified in Easement No. AFMC-HL-2-00-334 that are
determined by the Secretary of the Air Force to be no longer
required.
(B) The lands at Wendover Air Force Base Auxiliary Field
identified for disposition on the map entitled ``West
Wendover, Nevada-Excess'', dated January 5, 2001, that are
determined by the Secretary of the Air Force to be no longer
required.
(2) The purposes of the conveyances under this subsection
are--
(A) to permit the establishment and maintenance of runway
protection zones; and
(B) to provide for the development of an industrial park
and related infrastructure.
(3) The map referred to in paragraph (1)(B) shall be on
file and available for public inspection in the offices of
the Director of the Bureau of Land Management and the Elko
District Office of the Bureau of Land Management.
(b) Conveyance Authorized to Tooele County, Utah.--(1) The
Secretary of the Interior may convey, without consideration,
to Tooele County, Utah, all right, title, and interest of the
United States in and to the lands at Wendover Air Force Base
Auxiliary Field identified in Easement No. AFMC-HL-2-00-318
that are determined by the Secretary of the Air Force to be
no longer required.
(2) The purpose of the conveyance under this subsection is
to permit the establishment and maintenance of runway
protection zones and an aircraft accident potential
protection zone as necessitated by continued military
aircraft operations at the Utah Test and Training Range.
(c) Management of Conveyed Lands.--The lands conveyed under
subsections (a) and (b) shall be managed by the City of West
Wendover, Nevada, City of Wendover, Utah, Tooele County,
Utah, and Elko County, Nevada--
(1) in accordance with the provisions of an Interlocal
Memorandum of Agreement entered into between the Cities of
West Wendover, Nevada, and Wendover, Utah, Tooele County,
Utah, and Elko County, Nevada, providing for the coordinated
management and development of the lands for the economic
benefit of both communities; and
(2) in a manner that is consistent with such provisions of
the easements referred to subsections (a) and (b) that, as
jointly determined by the Secretary of the Air Force and
Secretary of the Interior, remain applicable and relevant to
the operation and management of the lands following
conveyance and are consistent with the provisions of this
section.
(d) Additional Terms and Conditions.--The Secretary of the
Air Force and the Secretary of the Interior may jointly
require such additional terms and conditions in connection
with the conveyances required by subsections (a) and (b) as
the Secretaries consider appropriate to protect the interests
of the United States.

SEC. 2829. LAND CONVEYANCE, FORT HOOD, TEXAS.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Veterans Land Board of
the State of Texas (in this section referred to as the
``Board''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 174 acres
at Fort Hood, Texas, for the purpose of permitting the Board
to establish a State-run cemetery for veterans.
(b) Reversionary Interest.--(1) If at the end of the five-
year period beginning on the date of the conveyance
authorized by subsection (a), the Secretary determines that
the property conveyed under that subsection is not being used
for the purpose specified in that subsection, all right,
title, and interest in and to the property, including any
improvements thereon, shall revert to the United States, and
the United States shall have the right of immediate entry
thereon.
(2) Any determination of the Secretary under this
subsection shall be made on the record after an opportunity
for a hearing.
(c) 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 Board.
(d) 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, ENGINEER PROVING GROUND, FORT
BELVOIR, VIRGINIA.

(a) Conveyance to Fairfax County, Virginia, Authorized.--
(1) The Secretary of the Army may convey, without
consideration, to Fairfax County, Virginia, all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 135 acres, located in the northwest portion of
the Engineer Proving Ground (EPG) at Fort Belvoir, Virginia,
in order to permit the County to use such property for park
and recreational purposes.
(2) The parcel of real property authorized to be conveyed
by paragraph (1) is generally described as that portion of
the Engineer Proving Ground located west of Accotink Creek,
east of the Fairfax County Parkway, and north of Cissna Road
to the northern boundary, but excludes a parcel of land
consisting of approximately 15 acres located in the southeast
corner of such portion of the Engineer Proving Ground.
(3) The land excluded under paragraph (2) from the parcel
of real property authorized to be conveyed by paragraph (1)
shall be reserved for an access road to be constructed in the
future.
(b) Conveyance of Balance of Property Authorized.--The
Secretary may convey to any competitively selected grantee
all right, title, and interest of the United States in and to
the real property, including any improvements thereon, at the
Engineering Proving Ground, not conveyed under the authority
in subsection (a).
(c) Consideration.--(1) As consideration for the conveyance
authorized by subsection (b), the grantee shall provide the
United States, whether by cash payment, in-kind contribution,
or a combination thereof, an amount that is not less than the
fair market value, as determined by the Secretary, of the
property conveyed under that subsection.
(2) In-kind consideration under paragraph (1) may include
the maintenance, improvement, alteration, repair, remodeling,
restoration (including environmental restoration), or
construction of facilities for the Department of the Army at
Fort Belvoir or at any other site or sites designated by the
Secretary.
(3) If in-kind consideration under paragraph (1) includes
the construction of facilities, the grantee shall also convey
to the United States--
(A) title to such facilities, free of all liens and other
encumbrances; and
(B) if the United States does not have fee simple title to
the land underlying such facilities, convey to the United
States all right, title, and interest in and to such lands
not held by the United States.
(4) The Secretary shall deposit any cash received as
consideration under this subsection in the special account
established pursuant to section 204(h) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
485(h)).
(d) Repeal of Superseded Authority.--Section 2821 of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1658),
as amended by section 2854 of the Military Construction
Authorization Act for Fiscal Year 1996

[[Page H5535]]

(division B of Public Law 104-106; 110 Stat. 568), is
repealed.
(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 each such survey
shall be borne by the grantee.
(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. 2831. MASTER PLAN FOR USE OF NAVY ANNEX, ARLINGTON,
VIRGINIA.

(a) Repeal of Commission on National Military Museum.--
Title XXIX of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat.
880; 10 U.S.C. 111 note) is repealed.
(b) Modification of Authority for Transfer from Navy
Annex.--Section 2881 of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 879) is
amended--
(1) in subsection (b)(2), as amended by section 2863(f) of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107-107; 115 Stat. 1332), by
striking ``as a site--'' and all that follows and inserting
``as a site for such other memorials or museums that the
Secretary considers compatible with Arlington National
Cemetery and the Air Force Memorial.''; and
(2) in subsection (d)--
(A) in paragraph (2), by striking ``the recommendation (if
any) of the Commission on the National Military Museum to use
a portion of the Navy Annex property as the site for the
National Military Museum'', and inserting ``the use of the
acres reserved under (b)(2) as a memorial or museum''; and
(B) in paragraph (4), by striking ``the date on which the
Commission on the National Military Museum submits to
Congress its report under section 2903'' and inserting ``the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2003''.
(c) Construction of Amendments.--The amendments made by
subsections (a) and (b) may not be construed to delay the
establishment of the United States Air Force Memorial
authorized by section 2863 of the Military Construction
Authorization Act for Fiscal Year 2002 (115 Stat. 1330).

SEC. 2832. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT,
KANSAS.

(a) Conveyance Authorized.--The Secretary of the Army or
the Administrator of General Services may convey, without
consideration, to the Johnson County Park and Recreation
District, Kansas (in this section referred to as the
``District''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, in the State of Kansas consisting of
approximately 2,000 acres, a portion of the Sunflower Army
Ammunition Plant. The purpose of the conveyance is to permit
the District to use the parcel for public recreational
purposes.
(b) Description of Property.--The exact acreage, location,
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the official making the conveyance. The cost
of such legal description, survey, or both shall be borne by
the District.
(c) Additional Terms and Conditions.--The official making
the conveyance of real property under subsection (a) may
require such additional terms and conditions in connection
with the conveyance as that official considers appropriate to
protect the interests of the United States.
(d) Effective Date.--This section shall take effect on
January 31, 2003.

SEC. 2833. LAND CONVEYANCE, BLUEGRASS ARMY DEPOT, RICHMOND,
KENTUCKY.

(a) Conveyance Authorized.--(1) The Secretary of the Army
may convey, without consideration, to Madison County,
Kentucky (in this section referred to as the ``County''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 10 acres at the Bluegrass Army
Depot, Richmond, Kentucky, for the purpose of facilitating
the construction of a veterans' center on the parcel by the
State of Kentucky.
(2) The Secretary may not make the conveyance authorized by
this subsection unless the Secretary determines that the
State of Kentucky has appropriated adequate funds for the
construction of the veterans' center.
(b) Reversionary Interest.--If the Secretary determines
that the real property conveyed under subsection (a) ceases
to be utilized for the sole purpose of a veterans' center or
that reasonable progress is not demonstrated in constructing
the center and initiating services to veterans, all right,
title, and interest in and to the property shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination under
this subsection shall be made on the record after an
opportunity for a hearing.
(c) Administrative Expenses.--The Secretary shall apply
section 2695 of title 10, United States Code, to the
conveyance authorized by subsection (a).
(d) 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 County.
(e) 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 D--Other Matters

SEC. 2841. TRANSFER OF FUNDS FOR ACQUISITION OF REPLACEMENT
PROPERTY FOR NATIONAL WILDLIFE REFUGE SYSTEM
LANDS IN NEVADA.

(a) Transfer of Funds Authorized.--(1) The Secretary of the
Air Force may, using amounts authorized to be appropriated by
section 2304(a), transfer to the United States Fish and
Wildlife Service $15,000,000 to fulfill the obligations of
the Air Force under section 3011(b)(5)(F) of the Military
Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65;
113 Stat. 889).
(2) Upon receipt by the Service of the funds transferred
under paragraph (1), the obligations of the Air Force
referred to in that paragraph shall be considered fulfilled.
(b) Contribution to Foundation.--(1) The United States Fish
and Wildlife Service may grant funds received by the Service
under subsection (a) in a lump sum to the National Fish and
Wildlife Foundation for use in accomplishing the purposes of
section 3011(b)(5)(F) of the Military Lands Withdrawal Act of
1999.
(2) Funds received by the Foundation under paragraph (1)
shall be subject to the provisions of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.), other than section 10(a) of that Act (16 U.S.C.
3709(a)).

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 2003 for the activities
of the National Nuclear Security Administration in carrying
out programs necessary for national security in the amount of
$8,160,043,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities,
$5,988,188,000, to be allocated as follows:
(A) For directed stockpile work, $1,218,967,000.
(B) For campaigns, $2,090,528,000, to be allocated as
follows:
(i) For operation and maintenance, $1,740,983,000.
(ii) For construction, $349,545,000, to be allocated as
follows:

Project 01-D-101, distributed information systems
laboratory, Sandia National Laboratories, Livermore,
California, $13,305,000.
Project 00-D-103, terascale simulation facility, Lawrence
Livermore National Laboratory, Livermore, California,
$35,030,000.
Project 00-D-107, joint computational engineering
laboratory, Sandia National Laboratories, Albuquerque, New
Mexico, $7,000,000.
Project 98-D-125, tritium extraction facility, Savannah
River Plant, Aiken, South Carolina, $70,165,000.
Project 96-D-111, national ignition facility (NIF),
Lawrence Livermore National Laboratory, Livermore,
California, $224,045,000.

(C) For readiness in technical base and facilities,
$1,735,129,000, to be allocated as follows:
(i) For operation and maintenance, $1,464,783,000.
(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), $270,346,000, to be allocated as follows:

Project 03-D-101, Sandia underground reactor facility
(SURF), Sandia National Laboratory, Livermore, California,
$2,000,000.
Project 03-D-103, project engineering and design (PED),
various locations, $17,839,000.
Project 03-D-121, gas transfer capacity expansion, Kansas
City Plant, Kansas City, Missouri, $4,000,000.
Project 03-D-122, purification prototype facility, Y-12
Plant, Oak Ridge, Tennessee, $20,800,000.
Project 03-D-123, special nuclear material component
requalification facility, Pantex Plant, Amarillo, Texas,
$3,000,000
Project 02-D-103, project engineering and design (PED),
various locations, $24,945,000.
Project 02-D-105, engineering technology complex upgrade,
Lawrence Livermore National Laboratory, Livermore,
California, $10,000,000.
Project 02-D-107, electrical power systems safety
communications and bus upgrades, Nevada Test Site, Nevada,
$7,500,000.
Project 01-D-103, project engineering and design (PED),
various locations, $6,164,000.
Project 01-D-107, Atlas relocation, Nevada Test Site,
Nevada, $4,123,000.
Project 01-D-108, microsystems and engineering sciences
applications (MESA), Sandia National Laboratories,
Albuquerque, New Mexico, $75,000,000.
Project 01-D-124, HEU storage facility, Y-12 Plant, Oak
Ridge, Tennessee, $25,000,000.
Project 01-D-126, weapons evaluation test laboratory,
Pantex Plant, Amarillo, Texas, $8,650,000.
Project 01-D-800, sensitive compartmented information
facility, Lawrence Livermore National Laboratory, Livermore,
California, $9,611,000.
Project 99-D-103, isotope sciences facilities, Lawrence
Livermore National Laboratory, Livermore, California,
$4,011,000.
Project 99-D-104, protection of real property (roof
reconstruction, phase II), Lawrence Livermore National
Laboratory, Livermore, California, $5,915,000.
Project 99-D-127, stockpile management restructuring
initiative, Kansas City Plant, Kansas City, Missouri,
$29,900,000.
Project 99-D-128, stockpile management restructuring
initiative, Pantex Plant, Amarillo, Texas, $407,000.

[[Page H5536]]

Project 98-D-123, stockpile management restructuring
initiative, tritium facility modernization and consolidation,
Savannah River Plant, Aiken, South Carolina, $10,481,000.
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $1,000,000.

(C) For secure transportation asset, $157,083,000, to be
allocated as follows:
(i) For operation and maintenance, $102,578,000.
(ii) For program direction, $54,505,000.
(D) For safeguards and security, $574,954,000, to be
allocated as follows:
(i) For operation and maintenance, $566,054,000.
(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), $8,900,000, 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, $8,900,000.

(E) For facilities and infrastructure, $242,512,000.
(2) Defense nuclear nonproliferation.--For defense nuclear
nonproliferation activities, $1,129,130,000, to be allocated
as follows:
(A) For operation and maintenance, $1,037,130,000, to be
allocated as follows:
(i) For nonproliferation and verification research and
development, $298,907,000.
(ii) For nonproliferation programs, $446,223,000.
(iii) For fissile materials, $292,000,000.
(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),
$156,000,000, to be allocated as follows:
Project 01-D-407, highly enriched uranium blend-down,
Savannah River Site, Aiken, South Carolina, $30,000,000.
Project 99-D-141, pit disassembly and conversion facility,
Savannah River Site, Aiken, South Carolina, $33,000,000.
Project 99-D-143, mixed oxide fuel fabrication facility,
Savannah River Site, Aiken, South Carolina, $93,000,000.
(3) Naval reactors.--For naval reactors, $707,020,000, to
be allocated as follows:
(A) For naval reactors development, $682,590,000, to be
allocated as follows:
(i) For operation and maintenance, $671,290,000.
(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), $11,300,000, to be allocated as follows:

Project 03-D-201, cleanroom technology facility, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$7,200,000.
Project 01-D-200, major office replacement building,
Schenectady, New York, $2,100,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, $2,000,000.

(B) For program direction, $24,430,000.
(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 and secure
transportation asset), $335,705,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2003 for environmental
management activities in carrying out programs necessary for
national security in the amount of $6,710,774,000, 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), $1,109,314,000.
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$793,950,000, to be allocated as follows:
(A) For operation and maintenance, $779,706,000.
(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),
$14,244,000, to be allocated as follows:
Project 02-D-402, Intec cathodic protection system
expansion, Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $1,119,000.
Project 02-D-420, plutonium stabilization and packaging,
Savannah River Site, Aiken, South Carolina, $2,000,000.
Project 01-D-414, project engineering and design (PED),
various locations, $5,125,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $6,000,000.
(3) Post-2006 completion.--For post-2006 completion in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$2,617,199,000, to be allocated as follows:
(A) For operation and maintenance, $1,704,341,000.
(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),
$14,870,000, to be allocated as follows:
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$14,870,000.
(C) For the Office of River Protection in carrying out
environmental restoration and waste management activities
necessary for national security programs, $897,988,000, to be
allocated as follows:
(i) For operation and maintenance, $226,256,000.
(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), $671,732,000, to be allocated as follows:

Project 03-D-403, immobilized high-level waste interim
storage facility, Richland, Washington, $6,363,000.
Project 01-D-416, waste treatment and immobilization plant,
Richland, Washington, $619,000,000.
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $25,424,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $20,945,000.

(4) Science and technology development.--For science and
technology development in carrying out environmental
management activities necessary for national security
programs, $92,000,000.
(5) Excess facilities.--For excess facilities in carrying
out environmental management activities necessary for
national security programs, $1,300,000.
(6) Safeguards and security.--For safeguards and security
in carrying out environmental management activities necessary
for national security programs, $278,260,000.
(7) Uranium enrichment decontamination and decommissioning
fund.--For contribution to the Uranium Enrichment
Decontamination and Decommissioning Fund under chapter 28 of
the Atomic Energy Act of 1954 (42 U.S.C. 2297g et seq.),
$441,000,000.
(8) Environmental management cleanup reform.--For
accelerated environmental restoration and waste management
activities, $1,000,000,000.
(9) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $396,098,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2003 for other defense
activities in carrying out programs necessary for national
security in the amount of $489,883,000, to be allocated as
follows:
(1) Intelligence.--For intelligence, $43,559,000.
(2) Counterintelligence.--For counterintelligence,
$48,083,000.
(3) Office of security.--For the Office of Security for
security, $252,218,000, to be allocated as follows:
(A) For nuclear safeguards and security, $156,102,000.
(B) For security investigations, $45,870,000.
(C) For program direction, $50,246,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $22,615,000.
(5) Office of environment, safety, and health.--For the
Office of Environment, Safety, and Health, $104,910,000, to
be allocated as follows:
(A) For environment, safety, and health (defense),
$86,892,000.
(B) For program direction, $18,018,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $25,774,000, to be
allocated as follows:
(A) For worker and community transition, $22,965,000.
(B) For program direction, $2,809,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $3,136,000.

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2003 for privatization
initiatives in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $158,399,000, to be allocated as
follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $53,399,000.
Project 97-PVT-2, advanced mixed waste treatment project,
Idaho Falls, Idaho, $105,000,000.

SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2003 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 $215,000,000.

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) 115 percent of the amount authorized for that program
by this title; or
(B) $5,000,000 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.

[[Page H5537]]

(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) Authority.--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 provide a brief
description of each minor construction project covered by the
report.
(c) Cost Variation Reports to Congressional Committees.--
If, at any time during the construction of any minor
construction project authorized by this title, the estimated
cost of the project is revised and the revised cost of the
project exceeds $5,000,000, the Secretary shall immediately
submit to the congressional defense committees a report
explaining the reasons for the cost variation.
(d) 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
section 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.
(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.
(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 that
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--
(A) to address a risk to health, safety, or the
environment; or
(B) 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 that 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, 2002, and ending on September 30, 2003.

[[Page H5538]]

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 that 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--
(A) is necessary to address a risk to health, safety, or
the environment; or
(B) will result in cost savings and efficiencies.
(4) A transfer may not be carried out by a manager of a
field office under subsection (a) to cover a cost overrun or
scheduling delay for any program or project.
(5) 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 section
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 that 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, 2002, and ending on September 30, 2003.

Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. AVAILABILITY OF FUNDS FOR ENVIRONMENTAL MANAGEMENT
CLEANUP REFORM.

(a) Limitation on Availability for Environmental Management
Cleanup Reform.--None of the funds authorized to be
appropriated by section 3102(8) for the Department of Energy
for environmental management cleanup reform may be obligated
or expended until the Secretary of Energy--
(1) publishes in the Federal Register, and submits to the
congressional defense committees, a report setting forth
criteria established by the Secretary--
(A) for selecting the projects that will receive funding
using such funds; and
(B) for setting priorities among the projects selected
under subparagraph (A); or
(2) notifies the congressional defense committees that the
criteria described by paragraph (1) will not be established.
(b) Requirements Regarding Establishment of Criteria.--
Before establishing criteria, if any, under subsection
(a)(1), the Secretary shall publish a proposal for such
criteria in the Federal Register, and shall provide a period
of 45 days for public notice and comment on the proposal.
(c) Availability of Funds if Criteria Are Not
Established.--(1) If the Secretary exercises the authority
under subsection (a)(2), the Secretary shall reallocate the
funds referred to in subsection (a) among sites that received
funds during fiscal year 2002 for defense environmental
restoration and waste management activities under section
3102 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-197; 115 Stat. 1358).
(2) The amount of funds referred to in subsection (a) that
are allocated under paragraph (1) to a site described in that
paragraph shall bear the same ratio to the amount of funds
referred to in subsection (a) as the amount of funds received
by such site during fiscal year 2002 under section 3102 of
the National Defense Authorization Act for Fiscal Year 2002
bears to the total amount of funds made available to all
sites during fiscal year 2002 under that section.
(3) No funds allocated under paragraph (1) may be obligated
or expended until 30 days after the Secretary submits to the
congressional defense committee a list of the projects at
each site allocated funds under that paragraph, and the
amount of such funds to be provided to each such project at
each such site.
(4) Funds referred to in subsection (a) may not be
obligated or expended for any site that was not funded in
fiscal year 2002 from amounts available to the Department of
Energy under title XXXI of the National Defense Authorization
Act for Fiscal Year 2002.

SEC. 3132. ROBUST NUCLEAR EARTH PENETRATOR.

Not later than February 3, 2003, the Secretary of Defense
shall, in consultation with the Secretary of Energy, submit
to the congressional defense committees a report on the
Robust Nuclear Earth Penetrator (RNEP). The report shall set
forth--
(1) the military requirements for the Robust Nuclear Earth
Penetrator;
(2) the nuclear weapons employment policy regarding the
Robust Nuclear Earth Penetrator;
(3) a detailed description of the categories or types of
targets that the Robust Nuclear Earth Penetrator is designed
to hold at risk; and
(4) an assessment of the ability of conventional weapons to
address the same categories and types of targets described
under paragraph (3).

SEC. 3133. DATABASE TO TRACK NOTIFICATION AND RESOLUTION
PHASES OF SIGNIFICANT FINDING INVESTIGATIONS.

(a) Availability of Funds for Database.--Amounts authorized
to be appropriated by section 3101(1) for the National
Nuclear Security Administration for weapons activities shall
be available to the Deputy Administrator for Nuclear Security
for Defense Programs for the development and implementation
of a database for all national security laboratories to track
the notification and resolution phases of Significant Finding
Investigations (SFIs). The purpose of the database is to
facilitate the monitoring of the progress and accountability
of the national security laboratories in Significant Finding
Investigations.
(b) Implementation Deadline.--The database required by
subsection (a) shall be implemented not later than September
30, 2003.
(c) National Security Laboratory Defined.--In this section,
the term ``national security laboratory'' has the meaning
given that term in section 3281(1) of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-
65; 113 Stat. 968; 50 U.S.C. 2471(1)).

SEC. 3134. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR
MODIFIED NUCLEAR WEAPONS.

(a) Requirement for Request for Funds for Development.--(1)
In any fiscal year after fiscal year 2002 in which the
Secretary of Energy plans to carry out activities described
in paragraph (2) relating to the development of a new nuclear
weapon or modified nuclear weapon, the Secretary shall
specifically request funds for such activities in the budget
of the President for that fiscal year under section 1105(a)
of title 31, United States Code.
(2) The activities described in this paragraph are as
follows:
(A) The conduct, or provision for conduct, of research and
development which could lead to the production of a new
nuclear weapon by the United States.
(B) The conduct, or provision for conduct, of engineering
or manufacturing to carry out the production of a new nuclear
weapon by the United States.
(C) The conduct, or provision for conduct, of research and
development which could lead to the production of a modified
nuclear weapon by the United States.
(D) The conduct, or provision for conduct, of engineering
or manufacturing to carry out the production of a modified
nuclear weapon by the United States.
(b) Budget Request Format.--The Secretary shall include in
a request for funds under subsection (a) the following:
(1) In the case of funds for activities described in
subparagraph (A) or (C) of subsection (a)(2), a dedicated
line item for each such activity for a new nuclear weapon or
modified nuclear weapons that is in phase 1 or 2A or phase
6.1 or 6.2A, as the case may be, of the nuclear weapons
acquisition process.
(2) In the case of funds for activities described in
subparagraph (B) or (D) of subsection (a)(2), a dedicated
line item for each such activity for a new nuclear weapon or
modified nuclear weapon that is in phase 3 or higher or phase
6.3 or higher, as the case may be, of the nuclear weapons
acquisition process.
(c) Exception.--Subsections (a) shall not apply to funds
for purposes of conducting, or providing for the conduct of,
research and development, or manufacturing and engineering,
determined by the Secretary to be necessary--
(1) for the nuclear weapons life extension program;
(2) to modify an existing nuclear weapon solely to address
safety or reliability concerns; or
(3) to address proliferation concerns.
(d) Construction With Prohibition on Research and
Development on Low-Yield Nuclear Weapons.--Nothing in this
section may be construed to modify, repeal, or in any way
affect the provisions of section 3136 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1946; 42 U.S.C. 2121 note), relating to
prohibitions on research and development on low-yield nuclear
weapons.
(e) Definitions.--In this section:
(1) The term ``life extension program'' means the program
to repair or replace non-nuclear components, or to modify the
pit or canned subassembly, of nuclear weapons in the nuclear
weapons stockpile on the date of the enactment of this Act in
order to assure that such nuclear weapons retain the ability
to meet the military requirements applicable to such nuclear
weapons when first placed in the nuclear weapons stockpile.
(2) The term ``modified nuclear weapon'' means a nuclear
weapon that contains a pit or canned subassembly, either of
which--
(A) is in the nuclear weapons stockpile as of the date of
the enactment of this Act; and
(B) is being modified in order to meet a military
requirement that is other than the military requirements
applicable to such nuclear weapon when first placed in the
nuclear weapons stockpile.

[[Page H5539]]

(3) The term ``new nuclear weapon'' means a nuclear weapon
that contains a pit or canned subassembly, either of which is
neither--
(A) in the nuclear weapons stockpile on the date of the
enactment of this Act; nor
(B) in production as of that date.

SEC. 3135. REQUIREMENT FOR AUTHORIZATION BY LAW FOR FUNDS
OBLIGATED OR EXPENDED FOR DEPARTMENT OF ENERGY
NATIONAL SECURITY ACTIVITIES.

Section 660 of the Department of Energy Organization Act
(42 U.S.C. 7270) is amended--
(1) by inserting ``(a)'' before ``Appropriations''; and
(2) by adding at the end the following new subsection:
``(b)(1) No funds for the Department may be obligated or
expended for--
``(A) national security programs and activities of the
Department; or
``(B) activities under the Atomic Energy Act of 1954 (42
U.S.C. 2012 et seq.);
unless funds therefor have been specifically authorized by
law.
``(2) Nothing in paragraph (1) may be construed to preclude
the requirement under subsection (a), or under any other
provision of law, for an authorization of appropriations for
programs and activities of the Department (other than
programs and activities covered by that paragraph) as a
condition to the obligation and expenditure of funds for
programs and activities of the Department (other than
programs and activities covered by that paragraph).''.

SEC. 3136. LIMITATION ON AVAILABILITY OF FUNDS FOR PROGRAM TO
ELIMINATE WEAPONS GRADE PLUTONIUM PRODUCTION IN
RUSSIA.

(a) Limitation.--Of the amounts authorized to be
appropriated by this title for the program to eliminate
weapons grade plutonium production, the Administrator for
Nuclear Security may not obligate or expend more than
$100,000,000 for that program until 30 days after the date on
which the Administrator submits to the congressional defense
committees a copy of an agreement entered into between the
United States Government and the Government of the Russian
Federation to shut down the three plutonium-producing
reactors in Russia.
(b) Agreement Elements.--The agreement under subsection
(a)--
(1) shall contain--
(A) a commitment to shut down the three plutonium-producing
reactors;
(B) the date on which each such reactor will be shut down;
(C) a schedule and milestones for each such reactor to
complete the shut down of such reactor by the date specified
under subparagraph (B);
(D) an arrangement for access to sites and facilities
necessary to meet such schedules and milestones; and
(E) an arrangement for audit and examination procedures in
order to evaluate progress in meeting such schedules and
milestones; and
(2) may include cost sharing arrangements.

Subtitle D--Proliferation Matters

SEC. 3151. ADMINISTRATION OF PROGRAM TO ELIMINATE WEAPONS
GRADE PLUTONIUM PRODUCTION IN RUSSIA.

(a) Transfer of Program to Department of Energy.--The
program to eliminate weapons grade plutonium production in
Russia shall be transferred from the Department of Defense to
the Department of Energy.
(b) Transfer of Associated Funds.--(1) Notwithstanding any
restriction or limitation in law on the availability of
Cooperative Threat Reduction funds specified in paragraph
(2), the Cooperative Threat Reduction funds specified in that
paragraph that are available for the program referred to in
subsection (a) shall be transferred from the Department of
Defense to the Department of Energy.
(2) The Cooperative Threat Reduction funds specified in
this paragraph are the following:
(A) Fiscal year 2002 Cooperative Threat Reduction funds, as
specified in section 1301(b) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1254; 22 U.S.C. 5952 note).
(B) Fiscal year 2001 Cooperative Threat Reduction funds, as
specified in section 1301(b) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-339).
(C) Fiscal year 2000 Cooperative Threat Reduction funds, as
specified in section 1301(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 792; 22 U.S.C. 5952 note).
(c) Availability of Transferred Funds.--(1) Notwithstanding
any restriction or limitation in law on the availability of
Cooperative Threat Reduction funds specified in subsection
(b)(2), the Cooperative Threat Reduction funds transferred
under subsection (b) for the program referred to in
subsection (a) shall be available for activities as follows:
(A) To design and construct, refurbish, or both, fossil
fuel energy plants in Russia that provide alternative sources
of energy to the energy plants in Russia that produce weapons
grade plutonium.
(B) To carry out limited safety upgrades of not more than
three energy plants in Russia that produce weapons grade
plutonium in order to permit the shutdown of such energy
plants and eliminate the production of weapons grade
plutonium in such energy plants.
(2) Amounts available under paragraph (1) for activities
referred to in that paragraph shall remain available for such
activities until expended.

SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION OF
FUNDS FOR PROGRAMS ON FISSILE MATERIALS IN
RUSSIA.

Section 3131 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 617; 22
U.S.C. 5952 note) is amended--
(1) in subsection (a), by striking ``(a) Authority.--'';
and
(2) by striking subsection (b).

SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR
MATERIALS PROTECTION, CONTROL, AND ACCOUNTING
PROGRAMS.

(a) Covered Programs.--Subsection (a) of section 3171 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-475) is amended by striking ``Russia that''
and inserting ``countries where such materials''.
(b) Report Contents.--Subsection (b) of that section is
amended--
(1) in paragraph (1) by inserting ``in each country covered
by subsection (a)'' after ``locations,'';
(2) in paragraph (2), by striking ``in Russia'' and
inserting ``in each such country'';
(3) in paragraph (3), by inserting ``in each such country''
after ``subsection (a)''; and
(4) in paragraph (5), by striking ``by total amount and by
amount per fiscal year'' and inserting ``by total amount per
country and by amount per fiscal year per country''.

SEC. 3154. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING
NUCLEAR, RADIOLOGICAL, CHEMICAL, OR BIOLOGICAL
WEAPONS.

(a) Extension of Testing.--Section 1415 of the Defense
Against Weapons of Mass Destruction Act of 1996 (title XIV of
Public Law 104-201; 110 Stat. 2720; 50 U.S.C. 2315) is
amended--
(1) in subsection (a)(2), by striking ``of five successive
fiscal years beginning with fiscal year 1997'' and inserting
``of fiscal years 1997 through 2013''; and
(2) in subsection (b)(2), by striking ``of five successive
fiscal years beginning with fiscal year 1997'' and inserting
``of fiscal years 1997 through 2013''.
(b) Construction of Extension With Designation of Attorney
General as Lead Official.--The amendment made by subsection
(a) may not be construed as modifying the designation of the
President entitled ``Designation of the Attorney General as
the Lead Official for the Emergency Response Assistance
Program Under Sections 1412 and 1415 of the National Defense
Authorization Act for Fiscal Year 1997'', dated April 6,
2000, designating the Attorney General to assume programmatic
and funding responsibilities for the Emergency Response
Assistance Program under sections 1412 and 1415 of the
Defense Against Weapons of Mass Destruction Act of 1996.

SEC. 3155. PROGRAM ON RESEARCH AND TECHNOLOGY FOR PROTECTION
FROM NUCLEAR OR RADIOLOGICAL TERRORISM.

(a) Program Required.--(1) The Administrator for Nuclear
Security shall carry out a program on research and technology
for protection from nuclear or radiological terrorism,
including technology for the detection (particularly as
border crossings and ports of entry), identification,
assessment, control, disposition, consequence management, and
consequence mitigation of the dispersal of radiological
materials or of nuclear terrorism.
(2) The Administrator shall carry out the program as part
of the support of the Administrator for homeland security and
counterterrorism within the National Nuclear Security
Administration
(b) Program Elements.--In carrying out the program required
by subsection (a), the Administrator shall--
(1) provide for the development of technologies to respond
to threats or incidents involving nuclear or radiological
terrorism in the United States;
(2) demonstrate applications of the technologies developed
under paragraph (1), including joint demonstrations with the
Office of Homeland Security and other appropriate Federal
agencies;
(3) provide, where feasible, for the development in
cooperation with the Russian Federation of technologies to
respond to nuclear or radiological terrorism in the former
states of the Soviet Union, including the demonstration of
technologies so developed;
(4) provide, where feasible, assistance to other countries
on matters relating to nuclear or radiological terrorism,
including--
(A) the provision of technology and assistance on means of
addressing nuclear or radiological incidents;
(B) the provision of assistance in developing means for the
safe disposal of radioactive materials;
(C) in coordination with the Nuclear Regulatory Commission,
the provision of assistance in developing the regulatory
framework for licensing and developing programs for the
protection and control of radioactive sources; and
(D) the provision of assistance in evaluating the
radiological sources identified as not under current
accounting programs in the report of the Inspector General of
the Department of Energy entitled ``Accounting for Sealed
Sources of Nuclear Material Provided to Foreign Countries'',
and in identifying and controlling radiological sources that
represent significant risks; and
(5) in coordination with the Office of Environment, Safety,
and Health of the Department of Energy, the Department of
Commerce, and the International Atomic Energy Agency, develop
consistent criteria for screening international transfers of
radiological materials.
(c) Requirements for International Elements of Program.--
(1) In carrying out activities in accordance with paragraphs
(3) and (4) of subsection (b), the Administrator shall
consult with--
(A) the Secretary of Defense, Secretary of State, and
Secretary of Commerce; and
(B) the International Atomic Energy Agency.

[[Page H5540]]

(2) The Administrator shall encourage joint leadership
between the United States and the Russian Federation of
activities on the development of technologies under
subsection (b)(4).
(d) Incorporation of Results in Emergency Response
Assistance Program.--To the maximum extent practicable, the
technologies and information developed under the program
required by subsection (a) shall be incorporated into the
program on responses to emergencies involving nuclear and
radiological weapons carried out under section 1415 of the
Defense Against Weapons of Mass Destruction Act of 1996
(title XIV of Public Law 104-201; 50 U.S.C. 2315).
(e) Amount for Activities.--Of the amount authorized to be
appropriated by section 3101(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation and available for the development of
a new generation of radiation detectors for homeland defense,
up to $15,000,000 shall be available for carrying out this
section.

SEC. 3156. EXPANSION OF INTERNATIONAL MATERIALS PROTECTION,
CONTROL, AND ACCOUNTING PROGRAM.

(a) Expansion of Program to Additional Countries
Authorized.--The Secretary of Energy may expand the
International Materials Protection, Control, and Accounting
(MPC&A) program of the Department of Energy to encompass
countries outside the Russian Federation and the independent
states of the former Soviet Union.
(b) Notice to Congress of Use of Funds for Additional
Countries.--Not later than 30 days after the Secretary
obligates funds for the International Materials Protection,
Control, and Accounting program, as expanded under subsection
(a), for activities in or with respect to a country outside
the Russian Federation and the independent states of the
former Soviet Union, the Secretary shall submit to Congress a
notice of the obligation of such funds for such activities.
(c) Assistance to Department of State for Nuclear Materials
Security Programs.--(1) As part of the International
Materials Protection, Control, and Accounting program, the
Secretary of Energy may provide technical assistance to the
Secretary of State in the efforts of the Secretary of State
to assist other nuclear weapons states to review and improve
their nuclear materials security programs.
(2) The technical assistance provided under paragraph (1)
may include the sharing of technology or methodologies to the
states referred to in that paragraph. Any such sharing
shall--
(A) be consistent with the treaty obligations of the United
States; and
(B) take into account the sovereignty of the state
concerned and its weapons programs, as well the sensitivity
of any information involved regarding United States weapons
or weapons systems.
(3) The Secretary of Energy may include the Russian
Federation in activities under paragraph (1) if the Secretary
determines that the experience of the Russian Federation
under the International Materials Protection, Control, and
Accounting program with the Russian Federation would make the
participation of the Russian Federation in such activities
useful in providing technical assistance under that
paragraph.
(d) Plan for Accelerated Conversion or Return of Weapons-
Usable Nuclear Materials.--(1) The Secretary shall develop a
plan to accelerate the conversion or return to the country of
origin of all weapons-usable nuclear materials located in
research reactors and other facilities outside the country of
origin.
(2) The plan under paragraph (1) for nuclear materials of
origin in the Soviet Union shall be developed in consultation
with the Russian Federation.
(3) As part of the plan under paragraph (1), the Secretary
shall identify the funding and schedules required to assist
the research reactors and facilities referred to in that
paragraph in upgrading their materials protection, control,
and accounting procedures until the weapons-usable nuclear
materials in such reactors and facilities are converted or
returned in accordance with that paragraph.
(4) The provision of assistance under paragraph (3) shall
be closely coordinated with ongoing efforts of the
International Atomic Energy Agency for the same purpose.
(e) Radiological Dispersal Device Materials Protection,
Control, and Accounting.--(1) The Secretary shall establish
within the International Materials Protection, Control, and
Accounting program a program on the protection, control, and
accounting of materials usable in radiological dispersal
devices.
(2) The program under paragraph (1) shall include--
(A) an identification of vulnerabilities regarding
radiological materials worldwide;
(B) the mitigation of vulnerabilities so identified through
appropriate security enhancements; and
(C) an acceleration of efforts to recover and control
diffused radiation sources and `orphaned'' radiological
sources that are of sufficient strength to represent a
significant risk.
(3) The program under paragraph (1) shall be known as the
Radiological Dispersal Device Materials Protection, Control,
and Accounting program.
(f) Study of Program To Secure Certain Radiological
Materials.--(1) The Secretary, acting through the
Administrator for Nuclear Security, shall require the Office
of International Materials Protection, Control, and
Accounting of the Department of Energy to conduct a study to
determine the feasibility and advisability of developing a
program to secure radiological materials outside the United
States that pose a threat to the national security of the
United States.
(2) The study under paragraph (1) shall include the
following:
(A) An identification of the categories of radiological
materials that are covered by that paragraph, including an
order of priority for securing each category of such
radiological materials.
(B) An estimate of the number of sites at which such
radiological materials are present.
(C) An assessment of the effort required to secure such
radiological materials at such sites, including--
(i) a description of the security upgrades, if any, that
are required at such sites;
(ii) an assessment of the costs of securing such
radiological materials at such sites;
(iii) a description of any cost-sharing arrangements to
defray such costs;
(iv) a description of any legal impediments to such effort,
including a description of means of overcoming such
impediments; and
(v) a description of the coordination required for such
effort among appropriate United States Government entities
(including the Nuclear Regulatory Commission), participating
countries, and international bodies (including the
International Atomic Energy Agency).
(D) A description of the pilot project undertaken in
Russia.
(3) In identifying categories of radiological materials
under paragraph (2)(A), the Secretary shall take into account
matters relating to specific activity, half-life, radiation
type and energy, attainability, difficulty of handling, and
toxicity, and such other matters as the Secretary considers
appropriate.
(4) Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the study conducted under this subsection. The report
shall include the matters specified under paragraph (2) and
such other matters, including recommendations, as the
Secretary considers appropriate as a result of the study.
(5) In this subsection, the term ``radiological material''
means any radioactive material, other than plutonium (Pu) or
uranium enriched above 20 percent uranium-235.
(g) Amendment of Convention on Physical Protection of
Nuclear Material.--(1) It is the sense of Congress that the
President should encourage amendment of the Convention on the
Physical Protection of Nuclear Materials in order to provide
that the Convention shall--
(A) apply to both the domestic and international use and
transport of nuclear materials;
(B) incorporate fundamental practices for the physical
protection of such materials; and
(C) address protection against sabotage involving nuclear
materials.
(2) In this subsection, the term ``Convention on the
Physical Protection of Nuclear Materials'' means the
Convention on the Physical Protection of Nuclear Materials,
With Annex, done at Vienna on October 26, 1979.
(h) Amount for Activities.--Of the amount authorized to be
appropriated by section 3102(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation, up to $5,000,000 shall be available
for carrying out this section.

SEC. 3157. ACCELERATED DISPOSITION OF HIGHLY ENRICHED URANIUM
AND PLUTONIUM.

(a) Sense of Congress on Program To Secure Stockpiles of
Highly Enriched Uranium and Plutonium.--(1) It is the sense
of Congress that the Secretary of Energy, in consultation
with the Secretary of State and Secretary of Defense, should
develop a comprehensive program of activities to encourage
all countries with nuclear materials to adhere to, or to
adopt standards equivalent to, the International Atomic
Energy Agency standard on The Physical Protection of Nuclear
Material and Nuclear Facilities (INFCIRC/225/Rev.4), relating
to the security of stockpiles of highly enriched uranium
(HEU) and plutonium (Pu).
(2) To the maximum extent practicable, the program should
be developed in consultation with the Russian Federation,
other Group of 8 countries, and other allies of the United
States.
(3) Activities under the program should include specific,
targeted incentives intended to encourage countries that
cannot undertake the expense of conforming to the standard
referred to in paragraph (1) to relinquish their highly
enriched uranium (HEU) or plutonium (Pu), including
incentives in which a country, group of countries, or
international body--
(A) purchase such materials and provide for their security
(including by removal to another location);
(B) undertake the costs of decommissioning facilities that
house such materials;
(C) in the case of research reactors, convert such reactors
to low-enriched uranium reactors; or
(D) upgrade the security of facilities that house such
materials in order to meet stringent security standards that
are established for purposes of the program based upon agreed
best practices.
(b) Program on Accelerated Disposition of HEU Authorized.--
(1) The Secretary of Energy may carry out a program to pursue
with the Russian Federation, and any other nation that
possesses highly enriched uranium, options for blending such
uranium so that the concentration of U-235 in such uranium is
below 20 percent.
(2) The options pursued under paragraph (1) shall include
expansion of the Material Consolidation and Conversion
program of the Department of Energy to include--
(A) additional facilities for the blending of highly
enriched uranium; and
(B) additional centralized secure storage facilities for
highly enriched uranium designated for blending.
(c) Incentives Regarding Highly Enriched Uranium in
Russia.--As part of the options pursued under subsection (b)
with the Russian Federation, the Secretary may provide
financial

[[Page H5541]]

and other incentives for the removal of all highly enriched
uranium from any particular facility in the Russian
Federation if the Secretary determines that such incentives
will facilitate the consolidation of highly enriched uranium
in the Russian Federation to the best-secured facilities.
(d) Construction With HEU Disposition Agreement.--Nothing
in this section may be construed as terminating, modifying,
or otherwise effecting requirements for the disposition of
highly enriched uranium under the Agreement Between the
Government of the United States of America and the Government
of the Russian Federation Concerning the Disposition of
Highly Enriched Uranium Extracted from Nuclear Weapons,
signed at Washington on February 18, 1993.
(e) Priority in Blending Activities.--In pursuing options
under this section, the Secretary shall give priority to the
blending of highly enriched uranium from weapons, though
highly enriched uranium from sources other than weapons may
also be blended.
(f) Transfer of Highly Enriched Uranium and Plutonium to
United States.--(1) As part of the program under subsection
(b), the Secretary may, upon the request of any nation--
(A) purchase highly enriched uranium or weapons grade
plutonium from the nation at a price determined by the
Secretary;
(B) transport any uranium or plutonium so purchased to the
United States; and
(C) store any uranium or plutonium so transported in the
United States.
(2) The Secretary is not required to blend any highly
enriched uranium purchased under paragraph (1)(A) in order to
reduce the concentration of U-235 in such uranium to below 20
percent. Amounts authorized to be appropriated by subsection
(m) may not be used for purposes of blending such uranium.
(g) Transfer of Highly Enriched Uranium to Russia.--(1) As
part of the program under subsection (b), the Secretary may
encourage nations with highly enriched uranium to transfer
such uranium to the Russian Federation for disposition under
this section.
(2) The Secretary may pay any nation that transfers highly
enriched uranium to the Russian Federation under this
subsection an amount determined appropriate by the Secretary.
(3) The Secretary may bear the cost of any blending and
storage of uranium transferred to the Russian Federation
under this subsection, including any costs of blending and
storage under a contract under subsection (h). Any site
selected for such storage shall have undergone complete
materials protection, control, and accounting upgrades before
the commencement of such storage.
(h) Contracts for Blending and Storage of Highly Enriched
Uranium in Russia.--(1) As part of the program under
subsection (b), the Secretary may enter into one or more
contracts with the Russian Federation--
(A) to blend in the Russian Federation highly enriched
uranium of the Russian Federation and highly enriched uranium
transferred to the Russian Federation under subsection (g);
or
(B) to store in the Russian Federation highly enriched
uranium before blending or the blended material.
(2) Any site selected for the storage of uranium or blended
material under paragraph (1)(B) shall have undergone complete
materials protection, control, and accounting upgrades before
the commencement of such storage.
(i) Limitation on Release for Sale of Blended Uranium.--
Uranium blended under this section may not be released for
sale until the earlier of--
(1) January 1, 2014; or
(2) the date on which the Secretary certifies that such
uranium can be absorbed into the global market without undue
disruption to the uranium mining industry in the United
States.
(j) Proceeds of Sale of Uranium Blended by Russia.--Upon
the sale by the Russian Federation of uranium blended under
this section by the Russian Federation, the Secretary may
elect to receive from the proceeds of such sale an amount not
to exceed 75 percent of the costs incurred by the Department
of Energy under subsections (c), (g), and (h).
(k) Report on Status of Program.--Not later than July 1,
2003, the Secretary shall submit to Congress a report on the
status of the program carried out under the authority in
subsection (b). The report shall include--
(1) a description of international interest in the program;
(2) schedules and operational details of the program; and
(3) recommendations for future funding for the program.
(l) Highly Enriched Uranium Defined.--In this section, the
term ``highly enriched uranium'' means uranium with a
concentration of U-235 of 20 percent or more.
(m) Amount for Activities.--Of the amount to be
appropriated by section 3102(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation, up to $40,000,000 shall be
available for carrying out this section.

SEC. 3158. DISPOSITION OF PLUTONIUM IN RUSSIA.

(a) Negotiations With Russian Federation.--(1) The
Secretary of Energy is encouraged to continue to support the
Secretary of State in negotiations with the Ministry of
Atomic Energy of the Russian Federation to finalize the
plutonium disposition program of the Russian Federation (as
established under the agreement described in subsection (b)).
(2) As part of the negotiations, the Secretary of Energy
may consider providing additional funds to the Ministry of
Atomic Energy in order to reach a successful agreement.
(3) If such an agreement, meeting the requirements in
subsection (c), is reached with the Ministry of Atomic
Energy, which requires additional funds for the Russian work,
the Secretary shall either seek authority to use funds
available for another purpose, or request supplemental
appropriations, for such work.
(b) Agreement.--The agreement referred to in subsection (a)
is the Agreement Between the Government of the United States
of America and the Government of the Russian Federation
Concerning the Management and Disposition of Plutonium
Designated As No Longer Required For Defense Purposes and
Related Cooperation, signed August 29, 2000, and September 1,
2000.
(c) Requirement for Disposition Program.-- The plutonium
disposition program under subsection (a)--
(1) shall include transparent verifiable steps;
(2) shall proceed at a rate approximately equivalent to the
rate of the United States program for the disposition of
plutonium;
(3) shall provide for cost-sharing among a variety of
countries;
(4) shall provide for contributions by the Russian
Federation;
(5) shall include steps over the near term to provide high
confidence that the schedules for the disposition of
plutonium of the Russian Federation will be achieved; and
(6) may include research on more speculative long-term
options for the future disposition of the plutonium of the
Russian Federation in addition to the near-term steps under
paragraph (5).

SEC. 3159. STRENGTHENED INTERNATIONAL SECURITY FOR NUCLEAR
MATERIALS AND SAFETY AND SECURITY OF NUCLEAR
OPERATIONS.

(a) Report on Options for International Program To
Strengthen Security and Safety.--(1) Not later than 270 days
after the date of the enactment of this Act, the Secretary of
Energy shall submit to Congress a report on options for an
international program to develop strengthened security for
all nuclear materials and safety and security for current
nuclear operations.
(2) The Secretary shall consult with the Office of Nuclear
Energy Science and Technology of the Department of Energy in
the development of options for purposes of the report.
(3) In evaluating options for purposes of the report, the
Secretary shall consult with the Nuclear Regulatory
Commission and the International Atomic Energy Agency on the
feasibility and advisability of actions to reduce the risks
associated with terrorist attacks on nuclear power plants
outside the United States.
(4) Each option for an international program under
paragraph (1) may provide that the program is jointly led by
the United States, the Russian Federation, and the
International Atomic Energy Agency.
(5) The Secretary shall include with the report on options
for an international program under paragraph (1) a
description and assessment of various management alternatives
for the international program. If any option requires Federal
funding or legislation to implement, the report shall also
include recommendations for such funding or legislation, as
the case may be.
(b) Joint Programs With Russia on Proliferation Resistant
Nuclear Energy Technologies.--The Director of the Office of
Nuclear Energy Science and Technology Energy shall, in
coordination with the Secretary, pursue with the Ministry of
Atomic Energy of the Russian Federation joint programs
between the United States and the Russian Federation on the
development of proliferation resistant nuclear energy
technologies, including advanced fuel cycles.
(c) Participation of International Technical Experts.--In
developing options under subsection (a), the Secretary shall,
in consultation with the Nuclear Regulatory Commission, the
Russian Federation, and the International Atomic Energy
Agency, convene and consult with an appropriate group of
international technical experts on the development of various
options for technologies to provide strengthened security for
nuclear materials and safety and security for current nuclear
operations, including the implementation of such options.
(d) Assistance Regarding Hostile Insiders and Aircraft
Impacts.--(1) The Secretary may, utilizing appropriate
expertise of the Department of Energy and the Nuclear
Regulatory Commission, provide assistance to nuclear
facilities abroad on the interdiction of hostile insiders at
such facilities in order to prevent incidents arising from
the disablement of the vital systems of such facilities.
(2) The Secretary may carry out a joint program with the
Russian Federation and other countries to address and
mitigate concerns on the impact of aircraft with nuclear
facilities in such countries.
(e) Assistance to IAEA in Strengthening International
Nuclear Safety and Security.--The Secretary may expand and
accelerate the programs of the Department of Energy to
support the International Atomic Energy Agency in
strengthening international nuclear safety and security.
(f) Amount for Activities.--Of the amount authorized to be
appropriated by section 3102(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation, up to $35,000,000 shall be
available for carrying out this section as follows:
(1) For activities under subsections (a) through (d),
$20,000,000, of which--
(A) $5,000,000 shall be available for sabotage protection
for nuclear power plants and other nuclear facilities abroad;
and
(B) $10,000,000 shall be available for development of
proliferation resistant nuclear energy technologies under
subsection (b).
(2) For activities under subsection (e), $15,000,000.

SEC. 3160. EXPORT CONTROL PROGRAMS.

(a) Authority To Pursue Options for Strengthening Export
Control Programs.--

[[Page H5542]]

The Secretary of Energy may pursue in the former Soviet Union
and other regions of concern, principally in South Asia, the
Middle East, and the Far East, options for accelerating
programs that assist countries in such regions in improving
their domestic export control programs for materials,
technologies, and expertise relevant to the construction or
use of a nuclear or radiological dispersal device.
(b) Amount for Activities.--Of the amount authorized to be
appropriated by section 3102(2) for the Department of Energy
for the National Nuclear Security Administration for defense
nuclear nonproliferation, up to $5,000,000 shall be available
for carrying out this section.

SEC. 3161. IMPROVEMENTS TO NUCLEAR MATERIALS PROTECTION,
CONTROL, AND ACCOUNTING PROGRAM OF THE RUSSIAN
FEDERATION.

(a) Revised Focus for Program.--(1) The Secretary of Energy
shall work cooperatively with the Russian Federation to
update and improve the Joint Action Plan for the Materials
Protection, Control, and Accounting programs of the
Department and the Russian Federation Ministry of Atomic
Energy.
(2) The updated plan shall shift the focus of the upgrades
of the nuclear materials protection, control, and accounting
program of the Russian Federation in order to assist the
Russian Federation in achieving, as soon as practicable but
not later than January 1, 2012, a sustainable nuclear
materials protection, control, and accounting system for the
nuclear materials of the Russian Federation that is supported
solely by the Russian Federation.
(b) Pace of Program.--The Secretary shall work with the
Russian Federation, including applicable institutes in
Russia, to pursue acceleration of the nuclear materials
protection, control, and accounting programs at nuclear
defense facilities in the Russian Federation.
(c) Transparency of Program.--The Secretary shall work with
the Russian Federation to identify various alternatives to
provide the United States adequate transparency in the
nuclear materials protection, control, and accounting program
of the Russian Federation to assure that such program is
meeting applicable goals for nuclear materials protection,
control, and accounting.
(d) Sense of Congress.--In furtherance of the activities
required under this section, it is the sense of Congress the
Secretary should--
(1) enhance the partnership with the Russian Ministry of
Atomic Energy in order to increase the pace and effectiveness
of nuclear materials accounting and security activities at
facilities in the Russian Federation, including serial
production enterprises; and
(2) clearly identify the assistance required by the Russian
Federation, the contributions anticipated from the Russian
Federation, and the transparency milestones that can be used
to assess progress in meeting the requirements of this
section.

SEC. 3162. COMPREHENSIVE ANNUAL REPORT TO CONGRESS ON
COORDINATION AND INTEGRATION OF ALL UNITED
STATES NONPROLIFERATION ACTIVITIES.

Section 1205 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) is
amended by adding at the end the following new subsection:
``(d) Annual Report on Implementation of Plan.--(1) Not
later than January 31, 2003, and each year thereafter, the
President shall submit to Congress a report on the
implementation of the plan required by subsection (a) during
the preceding year.
``(2) Each report under paragraph (1) shall include--
``(A) a discussion of progress made during the year covered
by such report in the matters of the plan required by
subsection (a);
``(B) a discussion of consultations with foreign nations,
and in particular the Russian Federation, during such year on
joint programs to implement the plan;
``(C) a discussion of cooperation, coordination, and
integration during such year in the implementation of the
plan among the various departments and agencies of the United
States Government, as well as private entities that share
objectives similar to the objectives of the plan; and
``(D) any recommendations that the President considers
appropriate regarding modifications to law or regulations, or
to the administration or organization of any Federal
department or agency, in order to improve the effectiveness
of any programs carried out during such year in the
implementation of the plan.''.

SEC. 3163. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL
LABORATORIES AND SITES IN SUPPORT OF
COUNTERTERRORISM AND HOMELAND SECURITY
ACTIVITIES.

(a) Agencies as Joint Sponsors of Laboratories for Work on
Activities.--Each department or agency of the Federal
Government, or of a State or local government, that carries
out work on counterterrorism and homeland security activities
at a Department of Energy national laboratory may be a joint
sponsor, under a multiple agency sponsorship arrangement with
the Department, of such laboratory in the performance of such
work.
(b) Agencies as Joint Sponsors of Sites for Work on
Activities.--Each department or agency of the Federal
Government, or of a State or local government, that carries
out work on counterterrorism and homeland security activities
at a Department of Energy site may be a joint sponsor of such
site in the performance of such work as if such site were a
federally funded research and development center and such
work were performed under a multiple agency sponsorship
arrangement with the Department.
(c) Primary Sponsorship.--The Department of Energy shall be
the primary sponsor under a multiple agency sponsorship
arrangement required under subsection (a) or (b).
(d) Work.--(1) The Administrator for Nuclear Security shall
act as the lead agent in coordinating the formation and
performance of a joint sponsorship agreement between a
requesting agency and a Department of Energy national
laboratory or site for work on counterterrorism and homeland
security.
(2) A request for work may not be submitted to a national
laboratory or site under this section unless approved in
advance by the Administrator.
(3) Any work performed by a national laboratory or site
under this section shall comply with the policy on the use of
federally funded research and development centers under
section 35.017(a)(4) of the Federal Acquisition Regulation.
(4) The Administrator shall ensure that the work of a
national laboratory or site requested under this section is
performed expeditiously and to the satisfaction of the head
of the department or agency submitting the request.
(e) Funding.--(1) Subject to paragraph (2), a joint sponsor
of a Department of Energy national laboratory or site under
this section shall provide funds for work of such national
laboratory or site, as the case may be, under this section
under the same terms and conditions as apply to the primary
sponsor of such national laboratory under section
303(b)(1)(C) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(b)(1)(C)) or of such site
to the extent such section applies to such site as a
federally funded research and development center by reason of
subsection (b).
(2) The total amount of funds provided a national
laboratory or site in a fiscal year under this subsection by
joint sponsors other than the Department of Energy shall not
exceed an amount equal to 25 percent of the total funds
provided such national laboratory or site, as the case may
be, in such fiscal year from all sources.

Subtitle E--Other Matters

SEC. 3171. INDEMNIFICATION OF DEPARTMENT OF ENERGY
CONTRACTORS.

Section 170d.(1)(A) of the Atomic Energy Act of 1954 (42
U.S.C. 2210(d)(1)(A)) is amended by striking ``until August
1, 2002,'' and inserting ``until August 1, 2012''.

SEC. 3172. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT OF
ENERGY FACILITIES.

The Atomic Energy Act of 1954 is amended by inserting after
section 234B (42 U.S.C. 2282b) the following:

``SEC. 234C. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT OF
ENERGY NUCLEAR FACILITIES.

``(a) Persons Subject to Penalty.--
``(1) Civil penalty.--
``(A) In general.--A person (or any subcontractor or
supplier of the person) who has entered into an agreement of
indemnification under section 2210(d) (or any subcontractor
or supplier of the person) that violates (or is the employer
of a person that violates) Department of Energy Order No.
440.1A (1998), or any rule or regulation relating to
industrial or construction health and safety promulgated by
the Secretary of Energy (referred to in this section as the
``Secretary'') after public notice and opportunity for
comment under section 553 of title 5, United States Code
(commonly known as the `Administrative Procedure Act'), shall
be subject to a civil penalty of not more than $100,000 for
each such violation.
``(B) Continuing violations.--If any violation under this
subsection is a continuing violation, each day of the
violation shall constitute a separate violation for the
purpose of computing the civil penalty under subparagraph
(A).
``(2) Regulations.--
``(A) In general.--Not later than 270 days after the date
of enactment of this section, the Secretary shall promulgate
regulations for industrial and construction health and safety
that incorporate the provisions and requirements contained in
Department of Energy Order No. 440.1A (1998).
``(B) Effective date.--The regulations promulgated under
subparagraph (A) shall take effect on the date that is 1 year
after the promulgation date of the regulations.
``(3) Variances or exemptions.--
``(A) In general.--The Secretary may provide in the
regulations promulgated under paragraph (2) a procedure for
granting variances or exemptions to the extent necessary to
avoid serious impairment of the national security of the
United States.
``(B) Determination.--In determining whether to provide a
variance or exemption under subparagraph (A), the Secretary
of Energy shall assess--
``(i) the impact on national security of not providing a
variance or exemption; and
``(ii) the benefits or detriments to worker health and
safety of providing a variance or exemption.
``(C) Procedure.--Before granting a variance or exemption,
the Secretary of Energy shall--
``(i) notify affected employees;
``(ii) provide an opportunity for a hearing on the record;
and
``(iii) notify Congress of any determination to grant a
variance at least 60 days before the proposed effective date
of the variance or exemption.
``(4) Applicability.--This subsection does not apply to any
facility that is a component of, or any activity conducted
under, the Naval Nuclear Propulsion Program.
``(5) Enforcement guidance on structures to be disposed
of.--
``(A) In general.--In enforcing the regulations under
paragraph (2), the Secretary of Energy shall, on a case-by-
case basis, evaluate whether a building, facility, structure,
or improvement of the Department of Energy that is

[[Page H5543]]

permanently closed and that is expected to be demolished, or
title to which is expected to be transferred to another
entity for reuse, should undergo major retrofitting to comply
with specific general industry standards.
``(B) No effect on health and safety enforcement.--This
subsection does not diminish or otherwise affect--
``(i) the enforcement of any worker health and safety
regulations under this section with respect to the
surveillance and maintenance or decontamination,
decommissioning, or demolition of buildings, facilities,
structures, or improvements; or
``(ii) the application of any other law (including
regulations), order, or contractual obligation.
``(b) Contract Penalties.--
``(1) In general.--The Secretary shall include in each
contract with a contractor of the Department provisions that
provide an appropriate reduction in the fees or amounts paid
to the contractor under the contract in the event of a
violation by the contractor or contractor employee of any
regulation or order relating to industrial or construction
health and safety.
``(2) Contents.--The provisions shall specify various
degrees of violations and the amount of the reduction
attributable to each degree of violation.
``(c) Powers and Limitations.--The powers and limitations
applicable to the assessment of civil penalties under section
234A, except for subsection (d) of that section, shall apply
to the assessment of civil penalties under this section.
``(d) Total Amount of Penalties.--In the case of an entity
described in subsection (d) of section 234A, the total amount
of civil penalties under subsection (a) or under subsection
(a) of section 234B in a fiscal year may not exceed the total
amount of fees paid by the Department of Energy to that
entity in that fiscal year.''.

SEC. 3173. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF
ENERGY TO PAY VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.

(a) In General.--Section 3161(a) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 5
U.S.C. 5597 note) is amended by striking ``January 1, 2004''
and inserting ``January 1, 2005''.
(b) Construction.--The amendment made by subsection (a) may
be superseded by another provision of law that takes effect
after the date of the enactment of this Act, and before
January 1, 2004, establishing a uniform system for providing
voluntary separation incentives (including a system for
requiring approval of plans by the Office of Management and
Budget) for employees of the Federal Government.

SEC. 3174. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.

(a) Support for Fiscal Year 2003.--From amounts authorized
to be appropriated to the Secretary of Energy by this title,
$6,900,000 shall be available for payment by the Secretary
for fiscal year 2003 to the Los Alamos National Laboratory
Foundation, a not-for-profit 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).
(b) Use of Funds.--The foundation referred to in subsection
(a) 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 the payment made
under this section to fund programs to support the
educational needs of children in the public schools in the
vicinity of Los Alamos National Laboratory, New Mexico.
(c) Repeal of Superseded Authority and Modification of
Authority To Extend Contract.--(1) Subsection (b) of section
3136 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1368) is amended to
read as follows:
``(b) Support for Fiscal Years 2003 through 2013.--Subject
to the availability of appropriations, the Secretary may
provide for a contract extension through fiscal year 2013
similar to the contract extension referred to in subsection
(a)(2).''.
(2) The amendment made by paragraph (1) shall take effect
on October 1, 2002.

Subtitle F--Disposition of Weapons-Usable Plutonium at Savannah River,
South Carolina

SEC. 3181. FINDINGS.

Congress makes the following findings:
(1) In September 2000, the United States and the Russian
Federation signed a Plutonium Management and Disposition
Agreement by which each agreed to dispose of 34 metric tons
of weapons-grade plutonium.
(2) The agreement with Russia is a significant step toward
safeguarding nuclear materials and preventing their diversion
to rogue states and terrorists.
(3) The Department of Energy plans to dispose of 34 metric
tons of weapons-grade plutonium in the United States before
the end of 2019 by converting the plutonium to a mixed-oxide
fuel to be used in commercial nuclear power reactors.
(4) The Department has formulated a plan for implementing
the agreement with Russia through construction of a mixed-
oxide fuel fabrication facility, the so-called MOX facility,
and a pit disassembly and conversion facility at the Savannah
River Site, Aiken, South Carolina.
(5) The United States and the State of South Carolina have
a compelling interest in the safe, proper, and efficient
operation of the plutonium disposition facilities at the
Savannah River Site. The MOX facility will also be
economically beneficial to the State of South Carolina, and
that economic benefit will not be fully realized unless the
MOX facility is built.
(6) The State of South Carolina desires to ensure that all
plutonium transferred to the State of South Carolina is
stored safely; that the full benefits of the MOX facility are
realized as soon as possible; and, specifically, that all
defense plutonium or defense plutonium materials transferred
to the Savannah River Site either be processed or be removed
expeditiously.

SEC. 3182. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT
SAVANNAH RIVER SITE.

(a) Plan for Construction and Operation of MOX Facility.--
(1) Not later than February 1, 2003, the Secretary of Energy
shall submit to Congress a plan for the construction and
operation of the MOX facility at the Savannah River Site,
Aiken, South Carolina.
(2) The plan under paragraph (1) shall include--
(A) a schedule for construction and operations so as to
achieve, as of January 1, 2009, and thereafter, the MOX
production objective, and to produce 1 metric ton of mixed
oxide fuel by December 31, 2009; and
(B) a schedule of operations of the MOX facility designed
so that 34 metric tons of defense plutonium and defense
plutonium materials at the Savannah River Site will be
processed into mixed oxide fuel by January 1, 2019.
(3)(A) Not later than February 15 each year, beginning in
2004 and continuing for as long as the MOX facility is in
use, the Secretary shall submit to Congress a report on the
implementation of the plan required by paragraph (1).
(B) Each report under subparagraph (A) for years before
2010 shall include--
(i) an assessment of compliance with the schedules included
with the plan under paragraph (2); and
(ii) a certification by the Secretary whether or not the
MOX production objective can be met by January 2009.
(C) Each report under subparagraph (A) for years after 2009
shall--
(i) address whether the MOX production objective has been
met; and
(ii) assess progress toward meeting the obligations of the
United States under the Plutonium Management and Disposition
Agreement.
(D) For years after 2017, each report under subparagraph
(A) shall also include an assessment of compliance with the
MOX production objective and, if not in compliance, the plan
of the Secretary for achieving one of the following:
(i) Compliance with such objective.
(ii) Removal of all remaining defense plutonium and defense
plutonium materials from the State of South Carolina.
(b) Corrective Actions.--(1) If a report under subsection
(a)(3) indicates that construction or operation of the MOX
facility is behind the applicable schedule under subsection
(a)(2) by 12 months or more, the Secretary shall submit to
Congress, not later than August 15 of the year in which such
report is submitted, a plan for corrective actions to be
implemented by the Secretary to ensure that the MOX facility
project is capable of meeting the MOX production objective by
January 1, 2009.
(2) If a plan is submitted under paragraph (1) in any year
after 2008, the plan shall include corrective actions to be
implemented by the Secretary to ensure that the MOX
production objective is met.
(3) Any plan for corrective actions under paragraph (1) or
(2) shall include established milestones under such plan for
achieving compliance with the MOX production objective.
(4) If, before January 1, 2009, the Secretary determines
that there is a substantial and material risk that the MOX
production objective will not be achieved by 2009 because of
a failure to achieve milestones set forth in the most recent
corrective action plan under this subsection, the Secretary
shall suspend further transfers of defense plutonium and
defense plutonium materials to be processed by the MOX
facility until such risk is addressed and the Secretary
certifies that the MOX production objective can be met by
2009.
(5) If, after January 1, 2009, the Secretary determines
that the MOX production objective has not been achieved
because of a failure to achieve milestones set forth in the
most recent corrective action plan under this subsection, the
Secretary shall suspend further transfers of defense
plutonium and defense plutonium materials to be processed by
the MOX facility until the Secretary certifies that the MOX
production objective can be met by 2009.
(6)(A) Upon making a determination under paragraph (4) or
(5), the Secretary shall submit to Congress a report on the
options for removing from the State of South Carolina an
amount of defense plutonium or defense plutonium materials
equal to the amount of defense plutonium or defense plutonium
materials transferred to the State of South Carolina after
April 15, 2002.
(B) Each report under subparagraph (A) shall include an
analysis of each option set forth in the report, including
the cost and schedule for implementation of such option, and
any requirements under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) relating to consideration or
selection of such option.
(C) Upon submittal of a report under paragraph (A), the
Secretary shall commence any analysis that may be required
under the National Environmental Policy Act of 1969 in order
to select among the options set forth in the report.
(c) Contingent Requirement for Removal of Plutonium and
Materials From Savannah River Site.--If the MOX production
objective is not achieved as of January 1, 2009, the
Secretary shall, consistent with the National Environmental
Policy Act of 1969 and other applicable laws, remove from the
State of South Carolina, for storage or disposal elsewhere--
(1) not later than January 1, 2011, not less than 1 metric
ton of defense plutonium or defense plutonium materials; and

[[Page H5544]]

(2) not later than January 1, 2017, an amount of defense
plutonium or defense plutonium materials equal to the amount
of defense plutonium or defense plutonium materials
transferred to the Savannah River Site between April 15, 2002
and January 1, 2017, but not processed by the MOX facility.
(d) Economic and Impact Assistance.--(1) If the MOX
production objective is not achieved as of January 1, 2011,
the Secretary shall pay to the State of South Carolina each
year beginning on or after that date through 2016 for
economic and impact assistance an amount equal to $1,000,000
per day until the later of--
(A) the passage of 100 days in such year;
(B) the MOX production objective is achieved in such year;
or
(C) the Secretary has removed from the State of South
Carolina in such year at least 1 metric ton of defense
plutonium or defense plutonium materials.
(2)(A) If the MOX production objective is not achieved as
of January 1, 2017, the Secretary shall pay to the State of
South Carolina each year beginning on or after that date
through 2024 for economic and impact assistance an amount
equal to $1,000,000 per day until the later of--
(i) the passage of 100 days in such year;
(ii) the MOX production objective is achieved in such year;
or
(iii) the Secretary has removed from the State of South
Carolina an amount of defense plutonium or defense plutonium
materials equal to the amount of defense plutonium or defense
plutonium materials transferred to the Savannah River Site
between April 15, 2002 and January 1, 2017, but not processed
by the MOX facility.
(B) Nothing in this paragraph may be construed to
terminate, supersede, or otherwise affect any other
requirements of this section.
(3) The Secretary shall make payments, if any, under this
subsection, from amounts authorized to be appropriated to the
Department of Energy.
(4) If the State of South Carolina obtains an injunction
that prohibits the Department from taking any action
necessary for the Department to meet any deadline specified
by this subsection, that deadline shall be extended for a
period of time equal to the period of time during which the
injunction is in effect.
(e) Failure To Complete Planned Disposition Program.--If on
July 1 each year beginning in 2020 and continuing for as long
as the MOX facility is in use, less than 34 metric tons of
defense plutonium or defense plutonium materials have been
processed by the MOX facility, the Secretary shall submit to
Congress a plan for--
(1) completing the processing of 34 metric tons of defense
plutonium and defense plutonium material by the MOX facility;
or
(2) removing from the State of South Carolina an amount of
defense plutonium or defense plutonium materials equal to the
amount of defense plutonium or defense plutonium materials
transferred to the Savannah River Site after April 15, 2002,
but not processed by the MOX facility.
(f) Removal of Mixed-Oxide Fuel Upon Completion of
Operations of MOX Facility.--If, one year after the date on
which operation of the MOX facility permanently ceases any
mixed-oxide fuel remains at the Savannah River Site, the
Secretary shall submit to Congress--
(1) a report on when such fuel will be transferred for use
in commercial nuclear reactors; or
(2) a plan for removing such fuel from the State of South
Carolina.
(g) Definitions.--In this section:
(1) MOX production objective.--The term ``MOX production
objective'' means production at the MOX facility of mixed-
oxide fuel from defense plutonium and defense plutonium
materials at an average rate equivalent to not less than one
metric ton of mixed-oxide fuel per year. The average rate
shall be determined by measuring production at the MOX
facility from the date the facility is declared operational
to the Nuclear Regulatory Commission through the date of
assessment.
(2) MOX facility.--The term ``MOX facility'' means the
mixed-oxide fuel fabrication facility at the Savannah River
Site, Aiken, South Carolina.
(3) Defense plutonium; defense plutonium materials.--The
terms ``defense-plutonium'' and ``defense plutonium
materials'' mean weapons-usable plutonium.

SEC. 3183. STUDY OF FACILITIES FOR STORAGE OF PLUTONIUM AND
PLUTONIUM MATERIALS AT SAVANNAH RIVER SITE.

(a) Study.--The Defense Nuclear Facilities Safety Board
shall conduct a study of the adequacy of K-Area Materials
Storage facility (KAMS), and related support facilities such
as Building 235-F, at the Savannah River Site, Aiken, South
Carolina, for the storage of defense plutonium and defense
plutonium materials in connection with the disposition
program provided in section 3182 and in connection with the
amended Record of Decision of the Department of Energy for
fissile materials disposition.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Defense Nuclear Facilities Safety
Board shall submit to Congress and the Secretary of Energy a
report on the study conducted under subsection (a).
(c) Report Elements.--The report under subsection (b)
shall--
(1) address--
(A) the suitability of KAMS and related support facilities
for monitoring and observing any defense plutonium or defense
plutonium materials stored in KAMS;
(B) the adequacy of the provisions made by the Department
for remote monitoring of such defense plutonium and defense
plutonium materials by way of sensors and for handling of
retrieval of such defense plutonium and defense plutonium
materials; and
(C) the adequacy of KAMS should such defense plutonium and
defense plutonium materials continue to be stored at KAMS
after 2019; and
(2) include such recommendations as the Defense Nuclear
Facilities Safety Board considers appropriate to enhance the
safety, reliability, and functionality of KAMS.
(d) Reports on Actions on Recommendations.--Not later than
6 months after the date on which the report under subsection
(b) is submitted to Congress, and every year thereafter, the
Secretary and the Board shall each submit to Congress a
report on the actions taken by the Secretary in response to
the recommendations, if any, included in the report.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year
2003, $19,494,000 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.).

SEC. 3202. AUTHORIZATION OF APPROPRIATIONS FOR THE FORMERLY
USED SITES REMEDIAL ACTION PROGRAM OF THE CORPS
OF ENGINEERS.

There is hereby authorized to be appropriated for fiscal
year 2003 for the Department of the Army, $140,000,000 for
the formerly used sites remedial action program of the Corps
of Engineers.
House amendment to Senate amendment:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

SECTION 1. SHORT TITLE; FINDINGS.

(a) Short Title.--This Act may be cited as the ``Bob Stump
National Defense Authorization Act for Fiscal Year 2003''.
(b) Findings.--Congress makes the following findings:
(1) Representative Bob Stump of Arizona was elected to the
House of Representatives in 1976 for service in the 95th
Congress, after serving in the Arizona legislature for 18
years and serving as President of the Arizona State Senate
from 1975 to 1976, and he has been reelected to each
subsequent Congress.
(2) A World War II combat veteran, Representative Stump
entered service in the United States Navy in 1943, just after
his 16th birthday, and served aboard the USS LUNGA POINT and
the USS TULAGI, which participated in the invasions of Luzon,
Iwo Jima, and Okinawa.
(3) Representative Stump was elected to the Committee on
Armed Services in 1978 and has served on nearly all of its
subcommittees and panels during 25 years of distinguished
service on the committee. He has served as chairman of the
committee during the 107th Congress and has championed United
States national security as the paramount function of the
Federal Government.
(4) Also serving on the Committee on Veterans' Affairs of
the House of Representatives, chairing that committee from
1995 to 2000, and serving on the Permanent Select Committee
on Intelligence of the House of Representatives, including
service as the ranking minority member in 1985 and 1986,
Representative Stump has dedicated his entire congressional
career to steadfastly supporting America's courageous men and
women in uniform both on and off the battlefield.
(5) Representative Stump's tireless efforts on behalf of
those in the military and veterans have been recognized with
numerous awards for outstanding service from active duty and
reserve military, veterans' service, military retiree, and
industry organizations.
(6) During his tenure as chairman of the Committee on Armed
Services of the House of Representatives, Representative
Stump has--
(A) overseen the largest sustained increase to defense
spending since the Reagan administration;
(B) led efforts to improve the quality of military life,
including passage of the largest military pay raise since
1982;
(C) supported military retirees, including efforts to
reverse concurrent receipt law and to save the Armed Forces
Retirement Homes;
(D) championed military readiness by defending military
access to critical training facilities such Vieques, Puerto
Rico, expanding the National Training Center at Ft. Irwin,
California, and working to restore balance between
environmental concerns and military readiness requirements;
(E) reinvigorated efforts to defend America against
ballistic missiles by supporting an increase in fiscal year
2002 of nearly 50 percent above the fiscal year 2001 level
for missile defense programs; and
(F) honored America's war heroes by expanding Arlington
National Cemetery, establishing a site for the Air Force
Memorial, and assuring construction of the World War II
Memorial.
(7) In recognition of his long record of accomplishments in
enhancing the national security of the United States and his
legislative victories on behalf of active duty service
members, reservists, guardsmen, and veterans, it is
altogether fitting and proper that this Act be named in honor
of Representative Bob Stump of Arizona, as provided in
subsection (a).

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.

(a) Divisions.--This Act is organized into three divisions
as follows:

[[Page H5545]]

(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.

Subtitle B--Navy Programs

Sec. 111. Shipbuilding initiative.
Sec. 112. Prohibition on acquisition of Champion-class, T-5 fuel
tankers.

Subtitle C--Air Force Programs

Sec. 121. Multiyear procurement authority for C-130J aircraft program.
Sec. 122. Reallocation of certain funds for Air Force Reserve Command
F-16 aircraft procurement.

Subtitle D--Other Programs

Sec. 141. Revisions to multiyear contracting authority.
Sec. 142. Transfer of technology items and equipment in support of
homeland security.
Sec. 143. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 144. Report on unmanned aerial vehicle systems.
Sec. 145. Report on impact of Army Aviation Modernization Plan on the
Army National Guard.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. RAH-66 Comanche aircraft program.
Sec. 212. Extension of requirement relating to management
responsibility for naval mine countermeasures programs.
Sec. 213. Extension of authority to carry out pilot program for
revitalizing the laboratories and test and evaluation
centers of the Department of Defense.
Sec. 214. Revised requirements for plan for Manufacturing Technology
Program.
Sec. 215. Technology Transition Initiative.
Sec. 216. Defense Acquisition Challenge Program.

Subtitle C--Ballistic Missile Defense

Sec. 231. Limitation on obligation of funds for procurement of Patriot
(PAC-3) missiles pending submission of required
certification.
Sec. 232. Responsibility of Missile Defense Agency for research,
development, test, and evaluation related to system
improvements of programs transferred to military
departments.
Sec. 233. Amendments to reflect change in name of Ballistic Missile
Defense Organization to Missile Defense Agency.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.

Subtitle B--Environmental Provisions

Sec. 311. Incidental taking of migratory birds during military
readiness activity.
Sec. 312. Military readiness and the conservation of protected species.
Sec. 313. Single point of contact for policy and budgeting issues
regarding unexploded ordnance, discarded military
munitions, and munitions constituents.

Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

Sec. 321. Authority for each military department to provide base
operating support to fisher houses.
Sec. 322. Use of commissary stores and MWR retail facilities by members
of National Guard serving in national emergency.
Sec. 323. Uniform funding and management of morale, welfare, and
recreation programs.

Subtitle D--Workplace and Depot Issues

Sec. 331. Notification requirements in connection with required studies
for conversion of commercial or industrial type functions
to contractor performance.
Sec. 332. Waiver authority regarding prohibition on contracts for
performance of security-guard functions.
Sec. 333. Exclusion of certain expenditures from percentage limitation
on contracting for performance of depot-level maintenance
and repair workloads.
Sec. 334. Repeal of obsolete provision regarding depot-level
maintenance and repair workloads that were performed at
closed or realigned military installations.
Sec. 335. Clarification of required core logistics capabilities.

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 quarters allowance for unaccompanied defense
department teacher required to reside on overseas
military installation.
Sec. 343. Provision of summer school programs for students who attend
defense dependents' education system.

Subtitle F--Information Technology

Sec. 351. Authorized duration of base contract for Navy-Marine Corps
Intranet.
Sec. 352. Annual submission of information on national security and
information technology capital assets.
Sec. 353. Implementation of policy regarding certain commercial off-
the-shelf information technology products.
Sec. 354. Installation and connection policy and procedures regarding
Defense Switch Network.

Subtitle G--Other Matters

Sec. 361. Distribution of monthly reports on allocation of funds within
operation and maintenance budget subactivities.
Sec. 362. Minimum deduction from pay of certain members of the Armed
Forces to support Armed Forces Retirement Home.
Sec. 363. Condition on conversion of Defense Security Service to a
working capital funded entity.
Sec. 364. Continuation of Arsenal support program initiative.
Sec. 365. Training range sustainment plan, Global Status of Resources
and Training System, and training range inventory.
Sec. 366. Amendments to certain education and nutrition laws relating
to acquisition and improvement of military housing.

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.
Sec. 403. Authority for military department Secretaries to increase
active-duty end strengths by up to 1 percent.
Sec. 404. General and flag officer management.
Sec. 405. Extension of certain authorities relating to management of
numbers of general and flag officers in certain grades.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitation on non-dual status technicians.

Subtitle C--Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--General Personnel Management Authorities

Sec. 501. Increase in number of Deputy Commandants of the Marine Corps.
Sec. 502. Extension of good-of-the-service waiver authority for
officers appointed to a Reserve Chief or Guard Director
position.

Subtitle B--Reserve Component Management

Sec. 511. Reviews of National Guard strength accounting and management
and other issues.
Sec. 512. Courts-martial for the National Guard when not in Federal
service.
Sec. 513. Matching funds requirements under National Guard Youth
Challenge Program.

Subtitle C--Reserve Component Officer Personnel Policy

Sec. 521. Exemption from active status strength limitation for reserve
component general and flag officers serving on active
duty in certain joint duty assignments designated by the
Chairman of the Joint Chiefs of Staff.

[[Page H5546]]

Sec. 522. Eligibility for consideration for promotion to grade of major
general for certain reserve component brigadier generals
who do not otherwise qualify for consideration for
promotion under the one-year rule.
Sec. 523. Retention of promotion eligibility for reserve component
general and flag officers transferred to an inactive
status.
Sec. 524. Authority for limited extension of medical deferment of
mandatory retirement or separation for reserve officers.

Subtitle D--Education and Training

Sec. 531. Authority for phased increase to 4,400 in authorized
strengths for the service academies.
Sec. 532. Enhancement of reserve component delayed training program.
Sec. 533. Preparation for, participation in, and conduct of athletic
competitions by the National Guard and members of the
National Guard.

Subtitle E--Decorations and Awards

Sec. 541. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 542. Option to convert award of Armed Forces Expeditionary Medal
awarded for Operation Frequent Wind to Vietnam Service
Medal.

Subtitle F--Administrative Matters

Sec. 551. Staffing and funding for Defense Prisoner of War/Missing
Personnel Office.
Sec. 552. Three-year freeze on reductions of personnel of agencies
responsible for review and correction of military
records.
Sec. 553. Department of Defense support for persons participating in
military funeral honors details.
Sec. 554. Authority for use of volunteers as proctors for
administration of Armed Services Vocational Aptitude
Battery test.
Sec. 555. Annual report on status of female members of the Armed
Forces.

Subtitle G--Benefits

Sec. 561. Voluntary leave sharing program for members of the Armed
Forces.
Sec. 562. Enhanced flexibility in medical loan repayment program.
Sec. 563. Expansion of overseas tour extension benefits.
Sec. 564. Vehicle storage in lieu of transportation when member is
ordered to a nonforeign duty station outside continental
United States.

Subtitle H--Military Justice Matters

Sec. 571. Right of convicted accused to request sentencing by military
judge.
Sec. 572. Report on desirability and feasibility of consolidating
separate courses of basic instruction for judge
advocates.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Expansion of basic allowance for housing low-cost or no-cost
moves authority to members assigned to duty outside
United States.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Minimum levels of hardship duty pay for duty on the ground in
Antarctica or on Arctic icepack.
Sec. 616. Increase in maximum rates for prior service enlistment bonus.
Sec. 617. Retention incentives for health care providers qualified in a
critical military skill.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Extension of leave travel deferral period for members
performing consecutive overseas tours of duty.

Subtitle D--Retired Pay and Survivors Benefits

Sec. 641. Phase-in of full concurrent receipt of military retired pay
and veterans disability compensation for military
retirees with disabilities rated at 60 percent or higher.
Sec. 642. Change in service requirements for eligibility for retired
pay for non-regular service.
Sec. 643. Elimination of possible inversion in retired pay cost-of-
living adjustment for initial COLA computation.
Sec. 644. Technical revisions to so-called ``forgotten widows'' annuity
program.

Subtitle E--Reserve Component Montgomery GI Bill

Sec. 651. Extension of Montgomery GI Bill-Selected Reserve eligibility
period.

Subtitle F--Other Matters

Sec. 661. Addition of definition of continental United States in title
37.

TITLE VII--HEALTH CARE MATTERS

Subtitle A--Health Care Program Improvements

Sec. 701. Elimination of requirement for TRICARE preauthorization of
inpatient mental health care for medicare-eligible
beneficiaries.
Sec. 702. Expansion of TRICARE Prime Remote for certain dependents.
Sec. 703. Enabling dependents of certain members who died while on
active duty to enroll in the TRICARE dental program.
Sec. 704. Improvements regarding the Department of Defense Medicare-
Eligible Retiree Health Care Fund.
Sec. 705. Certification of institutional and non-institutional
providers under the TRICARE program.
Sec. 706. Technical correction regarding transitional health care.

Subtitle B--Reports

Sec. 711. Comptroller General report on TRICARE claims processing.
Sec. 712. Comptroller General report on provision of care under the
TRICARE program.
Sec. 713. Repeal of report requirement.

Subtitle C--Department of Defense-Department of Veterans Affairs Health
Resources Sharing

Sec. 721. Short title.
Sec. 722. Findings and sense of Congress concerning status of health
resources sharing between the Department of Veterans
Affairs and the Department of Defense.
Sec. 723. Revised coordination and sharing guidelines.
Sec. 724. Health care resources sharing and coordination project.
Sec. 725. Joint review of coordination and sharing of health care and
related services following domestic acts of terrorism or
domestic use of weapons of mass destruction.
Sec. 726. Adoption by Department of Veterans Affairs of Department of
Defense Pharmacy Data Transaction System.
Sec. 727. Joint pilot program for providing graduate medical education
and training for physicians.
Sec. 728. Repeal of certain limits on Department of Veterans Affairs
resources.
Sec. 729. Reports.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Sec. 801. Plan for acquisition management professional exchange pilot
program.
Sec. 802. Evaluation of training, knowledge, and resources regarding
negotiation of intellectual property arrangements.
Sec. 803. Limitation period for task and delivery order contracts.
Sec. 804. One-year extension of program applying simplified procedures
to certain commercial items; report.
Sec. 805. Authority to make inflation adjustments to simplified
acquisition threshold.
Sec. 806. Improvement of personnel management policies and procedures
applicable to the civilian acquisition workforce.
Sec. 807. Modification of scope of ball and roller bearings covered for
purposes of procurement limitation.
Sec. 808. Rapid acquisition and deployment procedures.
Sec. 809. Quick-reaction special projects acquisition team.
Sec. 810. Report on development of anti-cyberterrorism technology.
Sec. 811. Contracting with Federal Prison Industries.
Sec. 812. Renewal of certain procurement technical assistance
cooperative agreements at funding levels at least
sufficient to support existing programs.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Change in title of Secretary of the Navy to Secretary of the
Navy and Marine Corps.
Sec. 902. Report on implementation of United States Northern Command.
Sec. 903. National defense mission of Coast Guard to be included in
future Quadrennial Defense Reviews.
Sec. 904. Change in year for submission of Quadrennial Defense Review.
Sec. 905. Report on effect of noncombat operations on combat readiness
of the Armed Forces.

[[Page H5547]]

Sec. 906. Conforming amendment to reflect disestablishment of
Department of Defense Consequence Management Program
Integration Office.
Sec. 907. Authority to accept gifts for National Defense University.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year
2002.
Sec. 1003. Uniform standards throughout Department of Defense for
exposure of personnel to pecuniary liability for loss of
Government property.
Sec. 1004. Accountable officials in the Department of Defense.
Sec. 1005. Improvements in purchase card management.
Sec. 1006. Authority to transfer funds within a major acquisition
program from procurement to RDT&E.
Sec. 1007. Development and procurement of financial and nonfinancial
management systems.

Subtitle B--Reports

Sec. 1011. After-action reports on the conduct of military operations
conducted as part of Operation Enduring Freedom.
Sec. 1012. Report on biological weapons defense and counter-
proliferation.
Sec. 1013. Requirement that Department of Defense reports to Congress
be accompanied by electronic version.
Sec. 1014. Strategic force structure plan for nuclear weapons and
delivery systems.
Sec. 1015. Report on establishment of a joint national training complex
and joint opposing forces.
Sec. 1016. Repeal of various reports required of the Department of
Defense.
Sec. 1017. Report on the role of the Department of Defense in
supporting homeland security.
Sec. 1018. Study of short-term and long-term effects of nuclear earth
penetrator weapon.
Sec. 1019. Study of short-term and long-term effects of nuclear-tipped
ballistic missile interceptor.
Sec. 1021. Sense of Congress on maintenance of a reliable, flexible,
and robust strategic deterrent.

Subtitle C--Other Matters

Sec. 1021. Sense of Congress on maintenance of a reliable, flexible,
and robust strategic deterrent.
Sec. 1022. Time for transmittal of annual defense authorization
legislative proposal.
Sec. 1023. Technical and clerical amendments.
Sec. 1024. War risk insurance for vessels in support of NATO-approved
operations.
Sec. 1025. Conveyance, Navy drydock, Portland, Oregon.
Sec. 1026. Additional Weapons of Mass Destruction Civil Support Teams.
Sec. 1027. Use for law enforcement purposes of DNA samples maintained
by Department of Defense for identification of human
remains.
Sec. 1028. Sense of Congress concerning aircraft carrier force
structure.
Sec. 1029. Enhanced authority to obtain foreign language services
during periods of emergency.
Sec. 1030. Surface combatant industrial base.
Sec. 1031. Enhanced cooperation between United States and Russian
Federation to promote mutual security.
Sec. 1032. Transfer of funds to increase amounts for PAC-3 missile
procurement and Israeli Arrow Program.
Sec. 1033. Assignment of members to assist Immigration and
Naturalization Service and Customs Service.
Sec. 1034. Sense of Congress on prohibition of use of funds for
International Criminal Court.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Eligibility of Department of Defense nonappropriated fund
employees for long-term care insurance.
Sec. 1102. Extension of Department of Defense authority to make lump-
sum severance payments.
Sec. 1103. Common occupational and health standards for differential
payments as a consequence of exposure to asbestos.
Sec. 1104. Continuation of Federal Employee Health Benefits program
eligibility.
Sec. 1105. Triennial full-scale Federal wage system wage surveys.
Sec. 1106. Certification for Department of Defense professional
accounting positions.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1202. Strengthening the defense of Taiwan.
Sec. 1203. Administrative services and support for foreign liaison
officers.
Sec. 1204. Additional countries covered by loan guarantee program.
Sec. 1205. Limitation on funding for Joint Data Exchange Center in
Moscow.
Sec. 1206. Limitation on number of military personnel in Colombia.

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. Sense of Congress and report requirement regarding Russian
proliferation to Iran.
Sec. 1307. Prohibition against use of Cooperative Threat Reduction
funds outside the States of the former Soviet Union.
Sec. 1308. Limited waiver of restriction on use of funds.
Sec. 1309. Limitation on use of funds until submission of report on
defense and military contacts activities.

TITLE XIV--UTAH TEST AND TRAINING RANGE

Sec. 1401. Definition of Utah Test and Training Range.
Sec. 1402. Military operations and overflights at Utah Test and
Training Range.
Sec. 1403. Designation and management of lands in Utah Test and
Training Range.
Sec. 1404. Designation of Pilot Range Wilderness.
Sec. 1405. Designation of Cedar Mountain Wilderness.

TITLE XV--COST OF WAR AGAINST TERRORISM AUTHORIZATION

Sec. 1501. Short title.
Sec. 1502. Amounts authorized for the War on Terrorism.
Sec. 1503. Additional authorizations.

Subtitle A--Authorization of Appropriations

Part I--Authorizations to Transfer Accounts

Sec. 1511. War on Terrorism Operations Fund.
Sec. 1512. War on Terrorism Equipment Replacement and Enhancement Fund.
Sec. 1513. General provisions applicable to transfers.

Part II--Authorizations to Specified Accounts

Sec. 1521. Army procurement.
Sec. 1522. Navy and Marine Corps procurement.
Sec. 1523. Air Force procurement.
Sec. 1524. Defense-wide activities procurement.
Sec. 1525. Research, development, test, and evaluation, defense-wide.
Sec. 1526. Classified activities.
Sec. 1527. Global Information Grid system.
Sec. 1528. Operation and maintenance.
Sec. 1529. Military personnel.

Part III--Military Construction Authorizations

Sec. 1531. Authorized military construction and land acquisition
projects.

Subtitle B--Wartime Pay and Allowance Increases

Sec. 1541. Increase in rate for family separation allowance.
Sec. 1542. Increase in rates for various hazardous duty incentive pays.
Sec. 1543. Increase in rate for diving duty special pay.
Sec. 1544. Increase in rate for imminent danger pay.
Sec. 1545. Increase in rate for career enlisted flyer incentive pay.
Sec. 1546. Increase in amount of death gratuity.
Sec. 1547. Effective date.

Subtitle C--Additional Provisions

Sec. 1551. Establishment of at least one Weapons of Mass Destruction
Civil Support Team in each State.
Sec. 1552. Authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism
activities.
Sec. 1553. Sense of Congress on assistance to first responders.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title; definition.

TITLE XXI--ARMY

[[Page H5548]]

TITLE XXII--NAVY

TITLE XXIII--AIR FORCE

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year
2000 project.
Sec. 2406. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal year
1997 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 2000
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1999
projects.
Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Changes to alternative authority for acquisition and
improvement of military housing.
Sec. 2802. Modification of authority to carry out construction projects
as part of environmental response action.
Sec. 2803. Leasing of military family housing in Korea.
Sec. 2804. Pilot housing privatization authority for acquisition or
construction of military unaccompanied housing.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Agreements with private entities to limit encroachments and
other constraints on military training, testing, and
operations.
Sec. 2812. Conveyance of surplus real property for natural resource
conservation purposes.
Sec. 2813. National emergency exemption from screening and other
requirements of McKinney-Vento Homeless Assistance Act
for property used in support of response activities.
Sec. 2814. Demonstration program on reduction in long-term facility
maintenance costs.
Sec. 2815. Expanded authority to transfer property at military
installations to be closed to persons who construct or
provide military family housing.

Subtitle C--Land Conveyances

Part I--Army Conveyances

Sec. 2821. Land conveyances, lands in Alaska no longer required for
National Guard purposes.
Sec. 2822. Land conveyance, Fort Campbell, Kentucky.
Sec. 2823. Land conveyance, Army Reserve Training Center, Buffalo,
Minnesota.
Sec. 2824. Land conveyance, Fort Bliss, Texas
Sec. 2825. Land conveyance, Fort Hood, Texas.
Sec. 2826. Land conveyance, Fort Monmouth, New Jersey.

Part II--Navy Conveyances

Sec. 2831. Land conveyance, Marine Corps Air Station, Miramar, San
Diego, California.
Sec. 2832. Boundary adjustments, Marine Corps Base, Quantico, and
Prince William Forest Park, Virginia.

Part III--Air Force Conveyances

Sec. 2841. Land conveyances, Wendover Air Force Base Auxiliary Field,
Nevada.

Subtitle D--Other Matters

Sec. 2861. Easement for construction of roads or highways, Marine Corps
Base, Camp Pendleton, California.
Sec. 2862. Sale of excess treated water and wastewater treatment
capacity, Marine Corps Base, Camp Lejeune, North
Carolina.
Sec. 2863. Ratification of agreement regarding Adak Naval Complex,
Alaska, and related land conveyances.
Sec. 2864. Special requirements for adding military installation to
closure list.

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. Environmental and other defense activities.

Subtitle B--Department of Energy National Security Authorizations
General Provisions

Sec. 3120. Short title; definitions.
Sec. 3121. Reprogramming.
Sec. 3122. 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.
Sec. 3131. Scope of authority to carry out plant projects.

Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3141. One-year extension of panel to assess the reliability,
safety, and security of the United States nuclear
stockpile.
Sec. 3142. Transfer to National Nuclear Security Administration of
Department of Defense's Cooperative Threat Reduction
program relating to elimination of weapons grade
plutonium in Russia.
Sec. 3143. Repeal of requirement for reports on obligation of funds for
programs on fissile materials in Russia.
Sec. 3144. Annual certification to the President and Congress on the
condition of the United States nuclear weapons stockpile.
Sec. 3145. Plan for achieving one-year readiness posture for resumption
by the United States of underground nuclear weapons
tests.
Sec. 3146. Prohibition on development of low-yield nuclear weapons.

Subtitle D--Matters Relating to Defense Environmental Management

Sec. 3151. Defense environmental management cleanup reform program.
Sec. 3152. Report on status of environmental management initiatives to
accelerate the reduction of environmental risks and
challenges posed by the legacy of the Cold War.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2003.
Sec. 3502. Authority to convey vessel USS SPHINX (ARL-24).
Sec. 3503. Financial assistance to States for preparation of
transferred obsolete ships for use as artificial reefs.
Sec. 3504. Independent analysis of title XI insurance guarantee
applications.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for procurement for the Army as follows:

[[Page H5549]]

(1) For aircraft, $2,300,327,000.
(2) For missiles, $1,693,896,000.
(3) For weapons and tracked combat vehicles,
$2,372,958,000.
(4) For ammunition, $1,320,026,000.
(5) For other procurement, $6,119,447,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2003 for procurement for the Navy as follows:
(1) For aircraft, $8,971,555,000.
(2) For weapons, including missiles and torpedoes,
$1,916,617,000.
(3) For shipbuilding and conversion, $9,279,494,000.
(4) For other procurement, $4,527,763,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2003 for procurement for the
Marine Corps in the amount of $1,351,983,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2003 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $1,104,453,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for procurement for the Air Force as follows:
(1) For aircraft, $12,522,755,000.
(2) For missiles, $3,482,639,000.
(3) For ammunition, $1,176,864,000.
(4) For other procurement, $10,907,730,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for Defense-wide procurement in the amount of
$2,621,009,000.

SEC. 105. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for procurement for the Inspector General of the
Department of Defense in the amount of $2,000,000.

SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

There is hereby authorized to be appropriated for fiscal
year 2003 the amount of $1,490,199,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.

SEC. 107. DEFENSE HEALTH PROGRAMS.

SEC. 111. SHIPBUILDING INITIATIVE.

(a) Use of Specified Shipbuilding Authorization Amount
Subject to Contractor Agreement.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 2003,
$810,000,000 shall be available for shipbuilding programs of
the Navy either in accordance with subsection (b) or in
accordance with subsection (c).
(b) DDG-51 Authorization if Agreement Reached.--If as of
the date of the enactment of this Act the Secretary of the
Navy has submitted to Congress a certification described in
subsection (d), then the amount referred to in subsection (a)
shall be available for procurement of one Arleigh Burke class
(DDG-51) destroyer.
(c) Authorization if Agreement Not Reached.--If as of the
date of the enactment of this Act the Secretary of the Navy
has not submitted to Congress a certification described in
subsection (d), then the amount referred to in subsection (a)
shall be available as follows:
(1) $415,000,000 shall be available for advance procurement
for Virginia class submarines.
(2) $210,000,000 shall be available for advance procurement
for cruiser conversion.
(3) $185,000,000 shall be available for nuclear-powered
submarine (SSN) engineered refueling overhaul.
(d) Certification.--A certification referred to in
subsections (b) and (c) is a certification by the Secretary
of the Navy that the prime contractor for the Virginia class
submarine program has entered into a binding agreement with
the United States to expend from its own funds an amount not
less than $385,000,000 for economic order quantity
procurement of nuclear and nonnuclear components for Virginia
class submarines beginning in fiscal year 2003.
(e) Multiyear Procurement Authority.--(1) If the terms of
an agreement described in subsection (d) between the United
States and the prime contractor for the Virginia class
submarine program include a requirement for the Secretary of
the Navy to seek to acquire Virginia class submarines through
a multiyear procurement contract, the Secretary of the Navy
may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear contract for procurement
of Virginia class submarines, beginning with the fiscal year
2003 program year.
(2)(A) In the case of a contract authorized by paragraph
(1), a certification under subsection (i)(1)(A) of section
2306b of title 10, United States Code, with respect to that
contract may only be submitted if the certification includes
an additional certification that each of the conditions
specified in subsection (a) of that section has been
satisfied with respect to that contract.
(B) Upon transmission to Congress of a certification
referred to in subparagraph (A) with respect to a contract
authorized by paragraph (1), the contract may then be entered
into only after a period of 30 days has elapsed after the
date of the transmission of such certification.

SEC. 112. PROHIBITION ON ACQUISITION OF CHAMPION-CLASS, T-5
FUEL TANKERS.

(a) Prohibition.--Except as provided in subsection (b), a
Champion-class fuel tanker, known as a T-5, which features a
double hull and reinforcement against ice damage, may not be
acquired for the Military Sealift Command or for other Navy
purposes.
(b) Termination.--The prohibition in subsection (a) shall
not apply if the acquisition of a T-5 tanker is specifically
authorized in a defense authorization Act that--
(1) is enacted after the date of the enactment of this Act;
(2) specifically refers to subsection (a); and
(3) specifically states that the prohibition in such
subsection does not apply.

Subtitle C--Air Force Programs

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR
C-130J AIRCRAFT PROGRAM.

(a) Multiyear Authority.--Beginning with the fiscal year
2003 program year, the Secretary of the Air Force may, in
accordance with section 2306b of title 10, United States
Code, enter into a multiyear contract for procurement of C-
130J aircraft.
(b) Limitation.--The Secretary of Defense may not enter
into a contract authorized by subsection (a) until--
(1) the Secretary submits to the congressional defense
committees a certification described in subsection (c); and
(2) a period of 30 days has expired after such
certification is submitted.
(c) Required Certification as to Progress Toward Successful
Operational Test and Evaluation.--A certification under
subsection (b)(1) is a certification by the Secretary of
Defense that the C-130J program is making satisfactory
progress towards a successful operational test and
evaluation.
(d) Required Certification With Respect to Multiyear
Contracting Conditions.--(1) In the case of a contract
authorized by subsection (a) of this section, a certification
under subsection (i)(1)(A) of section 2306b of title 10,
United States Code, with respect to that contract may only be
submitted if the certification includes an additional
certification that each of the conditions specified in
subsection (a) of that section has been satisfied with
respect to that contract.
(2) Upon transmission to Congress of a certification
referred to in paragraph (1) with respect to a contract
authorized by subsection (a), the contract may then be
entered into only after a period of 30 days has elapsed after
the date of the transmission of such certification.

SEC. 122. REALLOCATION OF CERTAIN FUNDS FOR AIR FORCE RESERVE
COMMAND F-16 AIRCRAFT PROCUREMENT.

Of the funds authorized to be appropriated by section
103(1) that are available for procurement of F-16 aircraft
for the Air Force Reserve Command, $14,400,000 shall be
available for 36 Litening II modernization upgrade kits for
the F-16 block 25 and block 30 aircraft (rather than for
Litening AT pods for such aircraft).

Subtitle D--Other Programs

SEC. 141. REVISIONS TO MULTIYEAR CONTRACTING AUTHORITY.

(a) Use of Procurement and Advance Procurement Funds.--
Section 2306b(i) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4)(A) Unless otherwise authorized by law, the Secretary
of Defense may obligate funds for procurement of an end item
under a multiyear contract for the purchase of property only
for procurement of a complete and usable end item.
``(B) Unless otherwise authorized by law, the Secretary of
Defense may obligate funds appropriated for any fiscal year
for advance procurement under a multiyear contract for the
purchase of property only for the procurement of those long-
lead items necessary in order to meet a planned delivery
schedule for complete major end items that are programmed
under the contract to be acquired with funds appropriated for
a subsequent fiscal year.''.
(b) Effective Date.--Paragraph (4) of section 2306b(i) of
title 10, United States Code, as added by subsection (a),
shall not apply with respect to any multiyear contract
authorized by law before the date of the enactment of this
Act.

SEC. 142. TRANSFER OF TECHNOLOGY ITEMS AND EQUIPMENT IN
SUPPORT OF HOMELAND SECURITY.

(a) In General.--Subchapter III of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2520. Transfer of technology items and equipment in
support of homeland security

``The Secretary of Defense shall enter into an agreement
with an independent, nonprofit, technology-oriented entity
that has demonstrated the ability to facilitate the transfer
of defense technologies, developed by both the private and
public sectors, to aid Federal, State, and local first
responders. Under the agreement the entity shall develop and
deploy technology items and equipment, through coordination
between Government agencies and private sector, commercial
developers and suppliers of technology, that will enhance
public safety and shall--
``(1) work in coordination with the InterAgency Board for
Equipment Standardization and Interoperability;

[[Page H5550]]

``(2) develop technology items and equipment that meet the
standardization requirements established by the Board;
``(3) evaluate technology items and equipment that have
been identified using the standards developed by the Board
and other state-of-the-art technology items and equipment
that may benefit first responders;
``(4) identify and coordinate among the public and private
sectors research efforts applicable to national security and
homeland security;
``(5) facilitate the timely transfer of technology items
and equipment between public and private sources;
``(6) eliminate redundant research efforts with respect to
technologies to be deployed to first responders;
``(7) expedite the advancement of high priority projects
from research through implementation of initial
manufacturing; and
``(8) establish an outreach program, in coordination with
the Board, with first responders to facilitate awareness of
available technology items and equipment to support crisis
response.''.
(b) Deadline for Agreement.--The Secretary of Defense shall
enter into the agreement required by section 2520 of title
10, United States Code (as added by subsection (a)) not later
than January 15, 2003.
(c) Strategic Plan.--The entity described in section 2520
of such title shall develop a strategic plan to carry out the
goals described in such section, which shall include
identification of--
(1) the initial technology items and equipment considered
for development; and
(2) the program schedule timelines for such technology
items and equipment.
(d) Report Required.--Not later than March 15, 2003, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on--
(1) the actions taken to carry out such section 2520;
(2) the relationship of the entity described in such
section to the InterAgency Board for Equipment
Standardization and Interoperability; and
(3) the strategic plan of such entity to meet the goals
described in such section.
(e) Clerical Amendment.--The table of sections at the
beginning of subchapter III of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new item:

``2520. Transfer of technology items and equipment in support of
homeland security.''.

SEC. 143. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL
CHEMICAL AGENTS AND MUNITIONS.

(a) Program Management.--The Secretary of Defense shall
ensure that the program for destruction of the United States
stockpile of lethal chemical agents and munitions is managed
as a major defense acquisition program (as defined in section
2430 of title 10, United States Code) in accordance with the
essential elements of such programs as may be determined by
the Secretary.
(b) Requirement for Under Secretary of Defense
(Comptroller) Annual Certification.--Beginning with respect
to the budget request for fiscal year 2004, the Under
Secretary of Defense (Comptroller) shall submit to the
congressional defense committees on an annual basis a
certification that the budget request for the chemical agents
and munitions destruction program has been submitted in
accordance with the requirements of applicable Federal laws.

SEC. 144. REPORT ON UNMANNED AERIAL VEHICLE SYSTEMS.

(a) Report.--Not later than January 1, 2003, the Secretary
of Defense shall submit to Congress a report on unmanned
aerial vehicle systems of the Department of Defense.
(b) Matters To Be Included Concerning Unmanned Aerial
Vehicle Systems.--The Secretary shall include in the report
under subsection (a) the following, shown for each system
referred to in that subsection:
(1) A description of the infrastructure that the Department
of Defense has (or is planning) for the system.
(2) A description of the operational requirements document
(ORD) for the system.
(3) A description of the physical infrastructure of the
Department for training and basing.
(4) A description of the manner in which the Department is
interfacing with the industrial base.
(5) A description of the acquisition plan for the system.
(c) Suggestions for Changes in Law.--The Secretary shall
also include in the report under subsection (a) such
suggestions as the Secretary considers appropriate for
changes in law that would facilitate the way the Department
acquires unmanned aerial vehicle systems.

SEC. 145. REPORT ON IMPACT OF ARMY AVIATION MODERNIZATION
PLAN ON THE ARMY NATIONAL GUARD.

(a) Report by Chief of the National Guard Bureau.--Not
later than February 1, 2003, the Chief of the National Guard
Bureau shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
requirements for Army National Guard aviation. The report
shall include the following:
(1) An analysis of the impact of the Army Aviation
Modernization Plan on the ability of the Army National Guard
to conduct its aviation missions.
(2) The plan under that aviation modernization plan for the
transfer of aircraft from the active component of the Army to
the Army reserve components, including a timeline for those
transfers.
(3) The progress, as of January 1, 2003, in carrying out
the transfers under the plan referred to in paragraph (2).
(4) An evaluation of the suitability of existing Commercial
Off The Shelf (COTS) light-twin engine helicopters for
performance of Army National Guard aviation missions.
(b) Views of the Chief of Staff of the Army.--If, before
the report under subsection (a) is submitted, the Chief of
the National Guard Bureau receives from the Chief of Staff of
the Army the views of the Chief of Staff on the matters to be
covered in the report, the Chief of the Bureau shall include
those views with the report as submitted under subsection
(a).

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $6,933,319,000.
(2) For the Navy, $13,274,540,000.
(3) For the Air Force, $18,803,184,000.
(4) For Defense-wide activities, $17,413,291,000, of which
$222,054,000 is authorized for the Director of Operational
Test and Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

(a) Fiscal Year 2003.--Of the amounts authorized to be
appropriated by section 201, $10,023,658,000 shall be
available for the Defense Science and Technology Program,
including basic research, applied research, and advanced
technology development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined.--For purposes of this
section, the term ``basic research, applied research, and
advanced technology development'' means work funded in
program elements for defense research and development under
Department of Defense category 6.1, 6.2, or 6.3.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. RAH-66 COMANCHE AIRCRAFT PROGRAM.

(a) Limitation.--None of the funds authorized to be
appropriated for fiscal year 2003 for engineering and
manufacturing development for the RAH-66 Comanche aircraft
program may be obligated until the Secretary of the Army
submits to the congressional defense committees a report,
prepared in coordination with the Under Secretary of Defense
for Acquisition, Technology, and Logistics, containing an
accurate estimate of funds required to complete engineering
and manufacturing development for that aircraft and the new
time line and plan for bringing that aircraft to initial
operational capability, as called for in the joint
explanatory statement of the committee of conference on the
bill S. 1438 of the One Hundred Seventh Congress (at page 535
of House Report 107-333, submitted December 12, 2001).
(b) Limitation on Total Cost of Engineering and
Manufacturing Development.--The total amount obligated or
expended for engineering and manufacturing development under
the RAH-66 Comanche aircraft program may not exceed
$6,000,000,000.
(c) Adjustment of Limitation Amounts.--(1) Subject to
paragraph (2), the Secretary of the Army shall adjust the
amount of the limitation set forth in subsection (b) by the
following amounts:
(A) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2002.
(B) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2002.
(2) Before making any adjustment under paragraph (1) in an
amount greater than $20,000,000, the Secretary of the Army
shall submit to the congressional defense committees notice
in writing of the proposed increase.
(d) Annual DOD Inspector General Review.--(1) Not later
than March 1 of each year, the Department of Defense
Inspector General shall review the RAH-66 Comanche aircraft
program and submit to Congress a report on the results of the
review.
(2) The report submitted on the program each year shall
include the following:
(A) The extent to which engineering and manufacturing
development under the program is meeting the goals
established for engineering and manufacturing development
under the program, including the performance, cost, and
schedule goals.
(B) The status of modifications expected to have a
significant effect on cost, schedule, or performance of RAH-
66 aircraft.
(C) The plan for engineering and manufacturing development
(leading to production) under the program for the fiscal year
that begins in the following year.
(D) A conclusion regarding whether the plan referred to in
subparagraph (C) is consistent with the limitation in
subsection (a).
(E) A conclusion regarding whether engineering and
manufacturing development (leading to production) under the
program is likely to be completed at a total cost not in
excess of the amount specified in subsection (a).

[[Page H5551]]

(3) No report is required under this subsection after the
RAH-66 aircraft has completed engineering and manufacturing
development.
(e) Limitation on Obligation of Funds.--Of the total amount
authorized to be appropriated for the RAH-66 Comanche
aircraft program for research, development, test, and
evaluation for a fiscal year, not more than 90 percent of
that amount may be obligated until the Department of Defense
Inspector General submits to Congress the report required to
be submitted in that fiscal year under subsection (d).

SEC. 212. EXTENSION OF REQUIREMENT RELATING TO MANAGEMENT
RESPONSIBILITY FOR NAVAL 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. 213. EXTENSION OF AUTHORITY TO CARRY OUT PILOT PROGRAM
FOR REVITALIZING THE LABORATORIES AND TEST AND
EVALUATION CENTERS OF THE DEPARTMENT OF
DEFENSE.

Section 246 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 1955; 10 U.S.C. 2358 note) is amended--
(1) in subsection (a)(1), by inserting before the period at
the end the following: ``, and to demonstrate improved
efficiency in the performance of the research, development,
test, and evaluation functions of the Department of
Defense'';
(2) in subsection (a)(4), by striking ``for a period'' and
all that follows through the period at the end and inserting
``until March 1, 2008.'';
(3) in subsection (b)(2), by striking ``Promptly after''
and all that follows through ``The report shall contain'' and
inserting ``Not later than December 31 of each year, the
Secretary of Defense shall submit to the congressional
defense committees a report on the activities of the pilot
program during the preceding fiscal year. Each such report
shall contain, for each laboratory or center in the pilot
program,''; and
(4) by adding at the end of subsection (b) the following
new paragraph:
``(3) Not later than March 1, 2007, the Secretary of
Defense shall submit to the committees referred to in
paragraph (2) the Secretary's recommendation as to whether,
and to what extent, the authority to carry out the pilot
program should be extended.''.

SEC. 214. REVISED REQUIREMENTS FOR PLAN FOR MANUFACTURING
TECHNOLOGY PROGRAM.

(a) Streamlined Contents of Plan.--Subsection (e) of
section 2521 of title 10, United States Code, is amended by
striking ``prepare a five-year plan'' in paragraph (1) and
all that follows through the end of subparagraph (B) of
paragraph (2) and inserting the following: ``prepare and
maintain a five-year plan for the program.
``(2) The plan shall establish the following:
``(A) The overall manufacturing technology objectives,
milestones, priorities, and investment strategy for the
program.
``(B) The specific objectives of, and funding for the
program by, each military department and each Defense Agency
participating in the program.''.
(b) Biennial Report.--Such subsection is further amended in
paragraph (3)--
(1) by striking ``annually'' and inserting ``biennially'';
and
(2) by striking ``for a fiscal year'' and inserting ``for
each even-numbered fiscal year''.

SEC. 215. TECHNOLOGY TRANSITION INITIATIVE.

(a) Establishment and Conduct.--Chapter 139 of title 10,
United States Code, is amended by inserting after section
2359 the following new section:

``Sec. 2359a. Technology Transition Initiative

``(a) Initiative Required.--The Secretary of Defense,
acting through the Under Secretary of Defense for
Acquisition, Technology, and Logistics, shall carry out an
initiative, to be known as the Technology Transition
Initiative (hereinafter in this section referred to as the
`Initiative'), to facilitate the rapid transition of new
technologies from science and technology programs of the
Department of Defense into acquisition programs of the
Department for the production of such technologies.
``(b) Objectives.--The Initiative shall have the following
objectives:
``(1) To accelerate the introduction of new technologies
into appropriate acquisition programs.
``(2) To successfully demonstrate new technologies in
relevant environments.
``(3) To ensure that new technologies are sufficiently
mature for production.
``(c) Management of Initiative.--(1) The Initiative shall
be managed by a senior official in the Office of the
Secretary of Defense designated by the Secretary (hereinafter
in this section referred to as the `Manager'). In managing
the Initiative, the Manager shall report directly to the
Under Secretary of Defense for Acquisition, Technology, and
Logistics.
``(2) The Secretary shall establish a board of directors
(hereinafter in this section referred to as the `Board'),
composed of the acquisition executive of each military
department, the members of the Joint Requirements Oversight
Council, and the commander of the Joint Forces Command. The
Board shall assist the Manager in managing the Initiative.
``(3) The Secretary shall establish, under the auspices of
the Under Secretary of Defense for Acquisition, Technology,
and Logistics, a panel of highly qualified scientists and
engineers. The panel shall advise the Under Secretary on
matters relating to the Initiative.
``(d) Duties of Manager.--The Manager shall have following
duties:
``(1) To identify, in consultation with the Board,
promising technologies that have been demonstrated in science
and technology programs of the Department.
``(2) To identify potential sponsors in the Department to
undertake the transition of such technologies into
production.
``(3) To 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 such technologies into
production.
``(4) Provide funding support for projects selected under
subsection (e).
``(e) Jointly Funded Projects.--(1) The acquisition
executive of each military department shall identify
technology projects of that military department to recommend
for funding support under the Initiative and shall submit to
the Manager a list of such recommended projects, ranked in
order of priority. Such executive shall identify such
projects, and establish priorities among such projects, using
a competitive process, on the basis of the greatest potential
benefits in areas of interest identified by the Secretary of
that military department.
``(2) The Manager, in consultation with the Board, shall
select projects for funding support from among the projects
on the lists submitted under paragraph (1). From the funds
made available to the Manager for the Initiative, the Manager
shall provide funds for each selected project in an amount
determined by mutual agreement between the Manager and the
acquisition executive of the military department concerned,
but not less than 50 percent of the total cost of the
project.
``(3) The acquisition executive of the military department
concerned shall manage each project selected under paragraph
(2) that is undertaken by the military department. Memoranda
of agreement, joint funding agreements, and other cooperative
arrangements between the science and technology community and
the acquisition community shall be used in carrying out the
project if the acquisition executive determines that it is
appropriate to do so to achieve the objectives of the
project.
``(f) Requirement for Program Element.--In the budget
justification materials submitted to Congress in support of
the Department of Defense budget for any fiscal year (as
submitted with the budget of the President under section
1105(a) of title 31), the amount requested for activities of
the Initiative shall be set forth in a separate program
element within amounts requested for research, development,
test, and evaluation for Defense-wide activities.
``(g) Definition of Acquisition Executive.--In this
section, the term `acquisition executive', with respect to a
military department, means the official designated as the
senior procurement executive for that military department
under section 16(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(3)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2359 the following new item:

``2359a. Technology Transition Initiative.''.

SEC. 216. DEFENSE ACQUISITION CHALLENGE PROGRAM.

(a) In General.--(1) Chapter 139 of title 10, United States
Code, is amended by inserting after section 2359a (as added
by section 215) the following new section:

``Sec. 2359b. Defense Acquisition Challenge Program

``(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 Defense Acquisition
Challenge Program (hereinafter in this section referred to as
the `Challenge Program'), shall provide any person 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 of that
acquisition program.
``(b) Panel.--(1) In carrying out the Challenge Program,
the Secretary 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
evaluations of challenge proposals under subsection (c).
``(2) A member of the Panel may not participate in any
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
acquisition program for which the challenge proposal is
submitted.
``(c) Evaluation by Panel.--(1) Under procedures prescribed
by the Secretary, a person

[[Page H5552]]

or activity within or outside the Department of Defense may
submit challenge proposals to the Panel.
``(2) The Panel shall carry out an evaluation of each
challenge proposal submitted under paragraph (1) to determine
each of the following criteria:
``(A) Whether the challenge proposal has merit.
``(B) Whether the challenge proposal is likely to result in
improvements in performance, affordability,
manufacturability, or operational capability at the
component, subsystem, or system level of the applicable
acquisition program.
``(C) Whether the challenge proposal could be implemented
rapidly in the applicable acquisition program.
``(3) If the Panel determines that a challenge proposal
satisfies each of the criteria specified in paragraph (2),
the person or activity submitting that challenge proposal
shall be provided an opportunity to submit such challenge
proposal for a full review and evaluation under subsection
(d).
``(d) Full Review and Evaluation.--(1) Under procedures
prescribed by the Secretary, for each challenge proposal
submitted for a full review and evaluation as provided in
subsection (c)(3), the office carrying out the applicable
acquisition program, and the prime system contractor carrying
out such program, shall jointly conduct a full review and
evaluation of the challenge proposal.
``(2) The full review and evaluation shall, independent of
the determination of the Panel under subsection (c)(2),
determine each of the matters specified in subparagraphs (A),
(B), and (C) of such subsection.
``(e) Action Upon Favorable Full Review and Evaluation.--
(1) Under procedures prescribed by the Secretary, each
challenge proposal determined under a full review and
evaluation to satisfy each of the criteria specified in
subsection (c)(2) shall be considered by the prime system
contractor for incorporation into the applicable acquisition
program as a new technology insertion at the component,
subsystem, or system level.
``(2) The Secretary shall encourage the adoption of each
challenge proposal referred to in paragraph (1) by providing
suitable incentives to the office carrying out the applicable
acquisition program and the prime system contractor carrying
out such program.
``(f) Access to Technical Resources.--The Secretary shall
ensure that the Panel (in carrying out evaluations of
challenge proposals under subsection (c)) and each office and
prime system contractor (in conducting a full review and
evaluation under subsection (d)) have 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.
``(g) Elimination of Conflicts of Interest.--In carrying
out each evaluation under subsection (c) and full review
under subsection (d), the Secretary shall ensure the
elimination of conflicts of interest.
``(h) Report.--The Secretary shall submit to Congress, with
the submission of the budget request for the Department of
Defense for each fiscal year during which the Challenge
Program is carried out, a report on the Challenge Program for
that fiscal year. The report shall include the number and
scope of challenge proposals submitted, evaluated, subjected
to full review, and adopted.
``(i) Sunset.--The authority to carry out this section
shall terminate on September 30, 2007.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2359a (as added by section 215) the following new item:

``2359b. Defense Acquisition Challenge Program.''.
(b) Initial Funding.--(1) Of the funds authorized to be
appropriated by section 201(4) for Defense-wide research,
development, test, and evaluation for fiscal year 2003,
$25,000,000 shall be available in program element 0603826D8Z
for the Defense Acquisition Challenge Program required by
section 2359b of title 10, United States Code, as added by
subsection (a).
(2) The funds provided under paragraph (1) may be used only
for review and evaluation of challenge proposals, and not for
implementation of challenge proposals.

Subtitle C--Ballistic Missile Defense

SEC. 231. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT
OF PATRIOT (PAC-3) MISSILES PENDING SUBMISSION
OF REQUIRED CERTIFICATION.

None of the funds appropriated for fiscal year 2003 for
procurement of missiles for the Army may be obligated for the
Patriot Advanced Capability (PAC-3) missile program until the
Secretary of Defense has submitted to the congressional
defense committees the following:
(1) The criteria for the transfer of responsibility for a
missile defense program from the Director of the Missile
Defense Agency to the Secretary of a military department, as
required by section 224(b)(2) of title 10, United States
Code.
(2) The notice and certification with respect to the
transfer of responsibility for the Patriot Advanced
Capability (PAC-3) missile program from the Director to the
Secretary of the Army required by section 224(c) of such
title.

SEC. 232. RESPONSIBILITY OF MISSILE DEFENSE AGENCY FOR
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
RELATED TO SYSTEM IMPROVEMENTS OF PROGRAMS
TRANSFERRED TO MILITARY DEPARTMENTS.

Section 224(e) of title 10, United States Code, is
amended--
(1) by striking ``before a'' and inserting ``for each'';
(2) by striking ``is''; and
(3) by striking ``roles and responsibilities'' and all that
follows through the period at the end and inserting
``responsibility for research, development, test, and
evaluation related to system improvements for that program
remains with the Director.''.

SEC. 233. AMENDMENTS TO REFLECT CHANGE IN NAME OF BALLISTIC
MISSILE DEFENSE ORGANIZATION TO MISSILE DEFENSE
AGENCY.

(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Sections 203, 223, and 224 are each amended by striking
``Ballistic Missile Defense Organization'' each place it
appears and inserting ``Missile Defense Agency''.
(2)(A) The heading of section 203 is amended to read as
follows:

``Sec. 203. Director of Missile Defense Agency''.

(B) The item relating to such section in the table of
sections at the beginning of subchapter II of chapter 8 is
amended to read as follows:

``203. Director of Missile Defense Agency.''.

(b) Public Law 107-107.--(1) Section 232 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 10 U.S.C. 2431 note) is amended by striking
``Ballistic Missile Defense Organization'' each place it
appears and inserting ``Missile Defense Agency''.
(2) The heading for such section is amended to read as
follows:

``SEC. 232. PROGRAM ELEMENTS FOR MISSILE DEFENSE AGENCY.''.

(c) Public Law 106-398.--(1) Section 3132 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 10 U.S.C.
2431 note) is amended by striking ``Ballistic Missile Defense
Organization'' each place it appears and inserting ``Missile
Defense Agency''.
(2) Such section is further amended in subsection (c) by
striking ``BMDO'' and inserting ``MDA''.
(3) The section heading for such section is amended to read
as follows:

``SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR
SECURITY ADMINISTRATION AND MISSILE DEFENSE
AGENCY.''.

(d) Other Laws.--The following provisions are each amended
by striking ``Ballistic Missile Defense Organization'' each
place it appears and inserting ``Missile Defense Agency'':
(1) Section 233 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 223 note).
(2) Section 234 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2431
note).
(3) Sections 235 (10 U.S.C. 2431 note) and 243 (10 U.S.C.
2431 note) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160).

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $24,159,733,000.
(2) For the Navy, $29,428,876,000.
(3) For the Marine Corps, $3,588,512,000.
(4) For the Air Force, $27,299,404,000.
(5) For Defense-wide activities, $14,370,037,000.
(6) For the Army Reserve, $1,918,110,000.
(7) For the Naval Reserve, $1,233,759,000.
(8) For the Marine Corps Reserve, $185,532,000.
(9) For the Air Force Reserve, $2,194,719,000.
(10) For the Army National Guard, $4,300,767,000.
(11) For the Air National Guard, $4,077,845,000.
(12) For the Defense Inspector General, $155,165,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,614,000.
(14) For Environmental Restoration, Army, $395,900,000.
(15) For Environmental Restoration, Navy, $256,948,000.
(16) For Environmental Restoration, Air Force,
$389,773,000.
(17) For Environmental Restoration, Defense-wide,
$23,498,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $212,102,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $58,400,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $848,907,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $14,242,541,000.
(23) For Cooperative Threat Reduction programs,
$416,700,000.
(24) For Support for International Sporting Competitions,
Defense, $19,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the use of the

[[Page H5553]]

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, $1,504,956,000.
(2) For the National Defense Sealift Fund, $934,129,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal
year 2003 from the Armed Forces Retirement Home Trust Fund
the sum of $69,921,000 for the operation of the Armed Forces
Retirement Home.

Subtitle B--Environmental Provisions

SEC. 311. INCIDENTAL TAKING OF MIGRATORY BIRDS DURING
MILITARY READINESS ACTIVITY.

Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704)
is amended by adding at the end the following new subsection:
``(c)(1) Section 2 shall not apply to the incidental taking
of a migratory bird by a member of the Armed Forces during a
military readiness activity authorized by the Secretary of
Defense or the Secretary of the military department
concerned.
``(2)(A) In this subsection, the term `military readiness
activity' includes--
``(i) all training and operations of the Armed Forces that
relate to combat; and
``(ii) the adequate and realistic testing of military
equipment, vehicles, weapons, and sensors for proper
operation and suitability for combat use.
``(B) The term does not include--
``(i) the routine operation of installation operating
support functions, such as administrative offices, military
exchanges, commissaries, water treatment facilities, storage
facilities, schools, housing, motor pools, laundries, morale,
welfare, and recreation activities, shops, and mess halls;
``(ii) the operation of industrial activities; or
``(iii) the construction or demolition of facilities used
for a purpose described in clause (i) or (ii).''.

SEC. 312. MILITARY READINESS AND THE CONSERVATION OF
PROTECTED SPECIES.

(a) Limitation on Designation of Critical Habitat.--Section
4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(3)''; and
(3) by adding at the end the following:
``(B)(i) The Secretary may not designate as critical
habitat any lands or other geographical areas owned or
controlled by the Department of Defense, or designated for
its use, that are subject to an integrated natural resources
management plan prepared under section 101 of the Sikes Act
(16 U.S.C. 670a), if the Secretary determines that such plan
addresses special management considerations or protection (as
those terms are used in section 3(5)(A)(i)).
``(ii) Nothing in this subparagraph affects the requirement
to consult under section 7(a)(2) with respect to an agency
action (as that term is defined in that section).
``(iii) Nothing in this subparagraph affects the obligation
of the Department of Defense to comply with section 9 of the
Endangered Species Act of 1973, including the prohibition
preventing extinction and taking of endangered species and
threatened species.''.
(b) Consideration of Effects of Designation of Critical
Habitat.--Section 4(b)(2) of the Endangered Species Act of
1973 (16 U.S.C. 1533(b)(2)) is amended by inserting ``the
impact on national security,'' after ``the economic
impact,''.

SEC. 313. SINGLE POINT OF CONTACT FOR POLICY AND BUDGETING
ISSUES REGARDING UNEXPLODED ORDNANCE, DISCARDED
MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS.

Section 2701 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) UXO Program Manager.--(1) The Secretary of Defense
shall establish a program manager who shall serve as the
single point of contact in the Department of Defense for
policy and budgeting issues involving the characterization,
remediation, and management of explosive and related risks
with respect to unexploded ordnance, discarded military
munitions, and munitions constituents at defense sites (as
such terms are defined in section 2710 of this title) that
pose a threat to human health or safety.
``(2) The Secretary of Defense may delegate this authority
to the Secretary of a military department, who may delegate
the authority to the Under Secretary of that military
department. The authority may not be further delegated.
``(3) The program manager may establish an independent
advisory and review panel that may include representatives of
the National Academy of Sciences, nongovernmental
organizations with expertise regarding unexploded ordnance,
discarded military munitions, or munitions constituents, the
Environmental Protection Agency, States (as defined in
section 2710 of this title), and tribal governments. If
established, the panel would report annually to Congress on
progress made by the Department of Defense to address
unexploded ordnance, discarded military munitions, or
munitions constituents at defense sites and make such
recommendations as the panel considered appropriate.''.

Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

SEC. 321. AUTHORITY FOR EACH MILITARY DEPARTMENT TO PROVIDE
BASE OPERATING SUPPORT TO FISHER HOUSES.

Section 2493(f) of title 10, United States Code, is amended
to read as follows:
``(f) Base Operating Support.--The Secretary of a military
department may provide base operating support for Fisher
Houses associated with health care facilities of that
military department.''.

SEC. 322. USE OF COMMISSARY STORES AND MWR RETAIL FACILITIES
BY MEMBERS OF NATIONAL GUARD SERVING IN
NATIONAL EMERGENCY.

(a) Additional Basis for Authorized Use.--Section 1063a of
title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``or national
emergency'' after ``federally declared disaster''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) National emergency.--The term `national emergency'
means a national emergency declared by the President or
Congress.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:

``Sec. 1063a. Use of commissary stores and MWR retail
facilities: members of National Guard serving in federally
declared disaster or national emergency''.

(2) The table of sections at the beginning of chapter 54 of
such title is amended by striking the item relating to
section 1063a and inserting the following new item:

``1063a. Use of commissary stores and MWR retail facilities: members of
National Guard serving in federally declared disaster or
national emergency.''.

SEC. 323. UNIFORM FUNDING AND MANAGEMENT OF MORALE, WELFARE,
AND RECREATION PROGRAMS.

(a) In General.--Chapter 147 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2494. Uniform funding and management of morale,
welfare, and recreation programs

``(a) Authority for Uniform Funding and Management.--Under
regulations prescribed by the Secretary of Defense, funds
appropriated to the Department of Defense and available for
morale, welfare, and recreation programs may be treated as
nonappropriated funds and expended in accordance with laws
applicable to the expenditures of nonappropriated funds. When
made available for morale, welfare, and recreation programs
under such regulations, appropriated funds shall be
considered to be nonappropriated funds for all purposes and
shall remain available until expended.
``(b) Conditions on Availability.--Funds appropriated to
the Department of Defense may be made available to support a
morale, welfare, or recreation program only if the program is
authorized to receive appropriated fund support and only in
the amounts the program is authorized to receive.
``(c) Conversion of Employment Positions.--(1) The
Secretary of Defense may identify positions of employees in
morale, welfare, and recreation programs within the
Department of Defense who are paid with appropriated funds
whose status may be converted from the status of an employee
paid with appropriated funds to the status of an employee of
a nonappropriated fund instrumentality.
``(2) The status of an employee in a position identified by
the Secretary under paragraph (1) may, with the consent of
the employee, be converted to the status of an employee of a
nonappropriated fund instrumentality. An employee who does
not consent to the conversion may not be removed from the
position because of the failure to provide such consent.
``(3) The conversion of an employee from the status of an
employee paid by appropriated funds to the status of an
employee of a nonappropriated fund instrumentality shall be
without a break in service for the concerned employee. The
conversion shall not entitle an employee to severance pay,
back pay or separation pay under subchapter IX of chapter 55
of title 5, or be considered an involuntary separation or
other adverse personnel action entitling an employee to any
right or benefit under such title or any other provision of
law or regulation.
``(4) In this subsection, the term `an employee of a
nonappropriated fund instrumentality' means an employee
described in section 2105(c) 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:

``2494. Uniform funding and management of morale, welfare, and
recreation programs.''.

Subtitle D--Workplace and Depot Issues

SEC. 331. NOTIFICATION REQUIREMENTS IN CONNECTION WITH
REQUIRED STUDIES FOR CONVERSION OF COMMERCIAL
OR INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR
PERFORMANCE.

Subsection (c) of section 2461 of title 10, United States
Code, is amended to read as follows:
``(c) Submission of Analysis Results.--(1) Upon the
completion of an analysis of a commercial or industrial type
function described in subsection (a) for possible change to
performance by the private sector, the Secretary of Defense
shall submit to Congress a

[[Page H5554]]

report containing the results of the analysis, including the
results of the examinations required by subsection (b)(3).
``(2) The report shall also contain the following:
``(A) The date when the analysis of the function was
commenced.
``(B) The Secretary's certification that the Government
calculation of the cost of performance of the function by
Department of Defense civilian employees is based on an
estimate of the most cost effective manner for performance of
the function by Department of Defense civilian employees.
``(C) The number of Department of Defense civilian
employees who were performing the function when the analysis
was commenced and the number of such employees whose
employment was or will be terminated or otherwise affected by
changing to performance of the function by the private sector
or by implementation of the most efficient organization of
the function.
``(D) The Secretary's certification that the factors
considered in the examinations performed under subsection
(b)(3), and in the making of the decision regarding changing
to performance of the function by the private sector or
retaining performance in the most efficient organization of
the function, did not include any predetermined personnel
constraint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of
employees.
``(E) A statement of the potential economic effect of
implementing the decision regarding changing to performance
of the function by the private sector or retaining
performance in the most efficient organization of the
function on each affected local community, as determined in
the examination under subsection (b)(3)(B)(ii).
``(F) A schedule for completing the change to performance
of the function by the private sector or implementing the
most efficient organization of the function.
``(G) In the case of a commercial or industrial type
function performed at a Center of Industrial and Technical
Excellence designated under section 2474(a) of this title or
an Army ammunition plant, a description of the effect that
the manner of performance of the function, and administration
of the resulting contract if any, will have on the overhead
costs of the center or ammunition plant, as the case may be.
``(H) The Secretary's certification that the entire
analysis is available for examination.
``(3)(A) If a decision is made to change the commercial or
industrial type function that was the subject of the analysis
to performance by the private sector, the change of the
function to contractor performance may not begin until after
the submission of the report required by paragraph (1).
``(B) Notwithstanding subparagraph (A), in the case of a
commercial or industrial type function performed at a Center
of Industrial and Technical Excellence designated under
section 2474(a) of this title or an Army ammunition plant,
the change of the function to contractor performance may not
begin until at least 60 days after the submission of the
report.''.

SEC. 332. WAIVER AUTHORITY REGARDING PROHIBITION ON CONTRACTS
FOR PERFORMANCE OF SECURITY-GUARD FUNCTIONS.

Section 2465 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) The Secretary of Defense or the Secretary of a
military department may waive the prohibition under
subsection (a) regarding contracting for the performance of
security-guard functions at a military installation or
facility under the jurisdiction of the Secretary if such
functions--
``(1) are or will be performed by members of the armed
forces in the absence of a waiver; or
``(2) were not performed at the installation or facility
before September 11, 2001.''.

SEC. 333. EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE
LIMITATION ON CONTRACTING FOR PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.

Section 2474(f)(2) of title 10, United States Code, is
amended by striking ``for fiscal years 2002 through 2005''.

SEC. 334. REPEAL OF OBSOLETE PROVISION REGARDING DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS THAT WERE
PERFORMED AT CLOSED OR REALIGNED MILITARY
INSTALLATIONS.

(a) Repeal.--Section 2469a of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 146 of such title is amended by striking
the item relating to section 2469a.

SEC. 335. CLARIFICATION OF REQUIRED CORE LOGISTICS
CAPABILITIES.

Section 2464(a)(3) of title 10, United States Code, is
amended by striking ``those capabilities that are necessary
to maintain and repair the weapon systems'' and inserting
``those logistics capabilities (including acquisition
logistics, supply management, system engineering,
maintenance, and modification management) that are necessary
to sustain the weapon systems''.

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 2003.--Of the amount authorized to be
appropriated pursuant to 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 to local educational agencies.
(b) Notification.--Not later than June 30, 2003, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2003 of--
(1) that agency's eligibility for the assistance; and
(2) the amount of the 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. 342. AVAILABILITY OF QUARTERS ALLOWANCE FOR
UNACCOMPANIED DEFENSE DEPARTMENT TEACHER
REQUIRED TO RESIDE ON OVERSEAS MILITARY
INSTALLATION.

(a) Authority To Provide Allowance.--Subsection (b) of
section 7 of the Defense Department Overseas Teachers Pay and
Personnel Practices Act (20 U.S.C. 905) is amended by adding
at the end the following new sentence: ``If the teacher is
unaccompanied by dependents and is required to reside on a
United States military installation in an overseas area, the
teacher may receive a quarters allowance to reside in excess
family housing at the installation notwithstanding the
availability single room housing at the installation.''.
(b) Technical Correction To Reflect Codification.--Such
section is further amended by striking ``the Act of June 26,
1930 (5 U.S.C. 118a)'' both places it appears and inserting
``section 5912 of title 5, United States Code''.

SEC. 343. PROVISION OF SUMMER SCHOOL PROGRAMS FOR STUDENTS
WHO ATTEND DEFENSE DEPENDENTS' EDUCATION
SYSTEM.

Section 1402(d) of the Defense Dependents' Education Act of
1978 (20 U.S.C. 921(d)) is amended by striking paragraph (2)
and inserting the following new paragraph (2):
``(2) Individuals eligible to receive a free public
education under subsection (a) may enroll without charge in a
summer school program offered under this subsection. Students
who are required under section 1404 to pay tuition to enroll
in a school of the defense dependents' education system shall
also be charged a fee, at a rate established by the
Secretary, to attend a course offered as part of the summer
school program.''.

Subtitle F--Information Technology

SEC. 351. AUTHORIZED DURATION OF BASE CONTRACT FOR NAVY-
MARINE CORPS INTRANET.

Section 814 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-215) and amended by
section 362 of Public Law 107-107 (115 Stat. 1065), is
amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Duration of Base Navy-Marine Corps Intranet
Contract.--Notwithstanding section 2306c of title 10, United
States Code, the base contract of the Navy-Marine Corps
Intranet contract may have a term in excess of five years,
but not more than seven years.''.

SEC. 352. ANNUAL SUBMISSION OF INFORMATION ON NATIONAL
SECURITY AND INFORMATION TECHNOLOGY CAPITAL
ASSETS.

(a) Requirement To Submit Information.--Not later than the
date that the President submits the budget of the United
States Government to Congress each year, the Secretary of
Defense shall submit to Congress a description of, and
relevant budget information on, each information technology
and national security capital asset of the Department of
Defense that--
(1) has an estimated life cycle cost (as computed in fiscal
year 2003 constant dollars), in excess of $120,000,000; and
(2) has a cost for the fiscal year in which the description
is submitted (as computed in fiscal year 2003 constant
dollars) in excess of $30,000,000.
(b) Information To Be Included.--The description submitted
under subsection (a) shall include, with respect to each such
capital asset and national security system--
(1) the name and identifying acronym;
(2) the date of initiation;
(3) a summary of performance measurements and metrics;
(4) the total amount of funds, by appropriation account,
appropriated and obligated for prior fiscal years, with a
specific breakout of such information for the two preceding
fiscal years;
(5) the funds, by appropriation account, requested for that
fiscal year;
(6) each prime contractor and the work to be performed;
(7) a description of program management and management
oversight;

[[Page H5555]]

(8) the original baseline cost and most current baseline
information; and
(9) a description of compliance with the provisions enacted
in the Government Performance Results Act of 1993 (Public Law
103-62; 107 Stat. 285) and the Clinger-Cohen Act of 1996
(division D of Public Law 104-106; 110 Stat. 642).
(c) Additional Information To Be Included for Certain
Systems.--(1) For each information technology and national
security system of the Department of Defense that has a cost
for the fiscal year in excess of $2,000,000, the Secretary
shall identify that system by name, function, and total funds
requested for the system.
(2) For each information technology and national security
system of the Department of Defense that has a cost for the
fiscal year in excess of $10,000,000, the Secretary shall
identify that system by name, function, and total funds
requested (by appropriation account) for that fiscal year,
the funds appropriated for the preceding fiscal year, and the
funds estimated to be requested for the next fiscal year.
(d) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
given that term in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401(3)).
(2) The term ``capital asset'' has the meaning given that
term in Office of Management and Budget Circular A-11.
(3) The term ``national security system'' has the meaning
given that term in section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452).

SEC. 353. IMPLEMENTATION OF POLICY REGARDING CERTAIN
COMMERCIAL OFF-THE-SHELF INFORMATION TECHNOLOGY
PRODUCTS.

The Secretary of Defense shall ensure that--
(1) the Department of Defense implements the policy
established by the Committee on National Security Systems
(formerly the National Security Telecommunications and
Information Systems Security Committee) that limits the
acquisition by the Federal Government of all commercial off-
the-shelf information assurance and information assurance-
enabled information technology products to those products
that have been evaluated and validated in accordance with
appropriate criteria, schemes, or programs; and
(2) implementation of such policy includes uniform
enforcement procedures.

SEC. 354. INSTALLATION AND CONNECTION POLICY AND PROCEDURES
REGARDING DEFENSE SWITCH NETWORK.

(a) Establishment of Policy and Procedures.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall establish clear and uniform policy
and procedures, applicable to the military departments and
Defense Agencies, regarding the installation and connection
of telecom switches to the Defense Switch Network.
(b) Elements of Policy and Procedures.--The policy and
procedures shall address at a minimum the following:
(1) Clear interoperability and compatibility requirements
for certifying, installing, and connecting telecom switches
to the Defense Switch Network.
(2) Current, complete, and enforceable testing, validation,
and certification procedures needed to ensure the
interoperability and compatibility requirements are
satisfied.
(c) Exceptions.--(1) The Secretary of Defense may specify
certain circumstances in which--
(A) the requirements for testing, validation, and
certification of telecom switches may be waived; or
(B) interim authority for the installation and connection
of telecom switches to the Defense Switch Network may be
granted.
(2) Only the Assistant Secretary of Defense for Command,
Control, Communications, and Intelligence, after consultation
with the Chairman of the Joint Chiefs of Staff, may approve a
waiver or grant of interim authority under paragraph (1).
(d) Inventory of Defense Switch Network.--The Secretary of
Defense shall prepare and maintain an inventory of all
telecom switches that, as of the date on which the Secretary
issues the policy and procedures--
(1) are installed or connected to the Defense Switch
Network; but
(2) have not been tested, validated, and certified by the
Defense Information Systems Agency (Joint Interoperability
Test Center).
(e) Telecom Switch Defined.--In this section, the term
``telecom switch'' means hardware or software designed to
send and receive voice, data, and video signals across a
network.

Subtitle G--Other Matters

SEC. 361. DISTRIBUTION OF MONTHLY REPORTS ON ALLOCATION OF
FUNDS WITHIN OPERATION AND MAINTENANCE BUDGET
SUBACTIVITIES.

(a) Designation of Recipients.--Subsection (a) of section
228 of title 10, United States Code, is amended by striking
``to Congress'' and inserting ``to the congressional defense
committees''.
(b) Congressional Defense Committees Defined.--Subsection
(e) of such section is amended--
(1) by striking ``(e) O&M Budget Activity Defined.--For
purposes of this section, the'' and inserting the following:
``(e) Definitions.--In this section:
``(1) The''; and
(2) by adding at the end the following:
``(2) The term `congressional defense committees' means the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on Armed
Services and the Committee on Appropriations of the House of
Representatives.''.

SEC. 362. MINIMUM DEDUCTION FROM PAY OF CERTAIN MEMBERS OF
THE ARMED FORCES TO SUPPORT ARMED FORCES
RETIREMENT HOME.

Section 1007(i) of title 37, United States Code, is
amended--
(1) in paragraph (1), by striking ``an amount (determined
under paragraph (3)) not to exceed $1.00.'' and inserting
``an amount equal to $1.00 and such additional amount as may
be determined under paragraph (3).''; and
(2) in paragraph (3)--
(A) by striking ``the amount'' in the first sentence and
inserting ``the additional amount''; and
(B) by striking ``The amount'' in the second sentence and
inserting ``The additional amount''.

SEC. 363. CONDITION ON CONVERSION OF DEFENSE SECURITY SERVICE
TO A WORKING CAPITAL FUNDED ENTITY.

The Secretary of Defense may not convert the Defense
Security Service to a working capital funded entity of the
Department of Defense unless the Secretary submits, in
advance, to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate a certification that the Defense Security Service has
the financial systems in place to fully support operation of
the Defense Security Service as a working capital funded
entity under section 2208 of title 10, United States Code.

SEC. 364. CONTINUATION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

SEC. 365. TRAINING RANGE SUSTAINMENT PLAN, GLOBAL STATUS OF
RESOURCES AND TRAINING SYSTEM, AND TRAINING
RANGE INVENTORY.

(a) Plan Required.--(1) The Secretary of Defense shall
develop a comprehensive plan for using existing authorities
available to the Secretary of Defense and the Secretaries of
the military departments to address problems created by
limitations on the use of military lands, marine areas, and
airspace reserved, withdrawn, or designated for training and
testing activities by, for, or on behalf of the Armed Forces.
(2) The plan shall include the following:
(A) Goals and milestones for tracking planned actions and
measuring progress.
(B) Projected funding requirements for implementing planned
actions.
(C) Designation of an office in the Office of the Secretary
of Defense and each of the military departments that will
have lead responsibility for overseeing implementation of the
plan.
(3) The Secretary of Defense shall submit the plan to
Congress at the same time as the President submits the budget
for fiscal year 2004 and shall submit an annual report to
Congress describing the progress made in implementing the
plan and any additional encroachment problems.
(b) Readiness Reporting Improvement.--Not later than June
30, 2003, the Secretary of Defense, using existing measures
within the authority of the Secretary, shall submit to
Congress a report on the plans of the Department of Defense
to improve the Global Status of Resources and Training
System--
(1) to better reflect the increasing challenges units of
the Armed Forces must overcome to achieve training
requirements; and
(2) to quantify the extent to which encroachment and other
individual factors are making military lands, marine areas,
and airspace less available to support unit accomplishment of
training plans and readiness goals.
(c) Training Range Inventory.--The Secretary of Defense
shall develop and maintain a training range data bank for
each of the Armed Forces--
(1) to identify all available operational training ranges;
(2) to identify all training capacities and capabilities
available at each training range;
(3) to identify all current encroachment threats or other
potential limitations on training that are, or are likely to,
adversely affect training and readiness; and
(4) to provide a point of contact for each training range.
(d) GAO Evaluation.--(1) With respect to each report
submitted under this section, the

[[Page H5556]]

Comptroller General shall submit to Congress, within 60 days
after receiving the report, an evaluation of the report.
(e) Armed Forces Defined.--In this section, the term
``Armed Forces'' means the Army, Navy, Air Force, and Marine
Corps.

SEC. 366. AMENDMENTS TO CERTAIN EDUCATION AND NUTRITION LAWS
RELATING TO ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.

(a) Eligibility for Heavily Impacted Local Educational
Agencies Affected by Privatization of Military Housing.--
Section 8003(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)) is amended by adding at
the end the following:
``(H) Eligibility for heavily impacted local educational
agencies affected by privatization of military housing.--
``(i) Eligibility.--For any fiscal year beginning with
fiscal year 2003, a heavily impacted local educational agency
that received a basic support payment under subparagraph (A)
for the prior fiscal year, but is ineligible for such payment
for the current fiscal year under subparagraph (B) or (C), as
the case may be, by reason of the conversion of military
housing units to private housing described in clause (iii),
shall be deemed to meet the eligibility requirements under
subparagraph (B) or (C), as the case may be, for the period
during which the housing units are undergoing such
conversion.
``(ii) Amount of payment.--The amount of a payment to a
heavily impacted local educational agency for a fiscal year
by reason of the application of clause (i), and calculated in
accordance with subparagraph (D) or (E) (as the case may be),
shall be based on the number of children in average daily
attendance in the schools of such agency for the fiscal year.
``(iii) Conversion of military housing units to private
housing described.--For purposes of clause (i), `conversion
of military housing units to private housing' means the
conversion of military housing units to private housing units
pursuant to subchapter IV of chapter 169 of title 10, United
States Code, or pursuant to any other related provision of
law.''.
(b) Exclusion of Certain Military Basic Allowances for
Housing for Determination of Eligibility for Free and Reduced
Price Meals.--Section 9(b)(3) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)(3)) is amended
by adding at the end the following: ``For the one-year period
beginning on the date of the enactment of this sentence, the
amount of a basic allowance provided under section 403 of
title 37, United States Code, on behalf of an individual who
is a member of the uniformed services for housing that is
acquired or constructed under the authority of subchapter IV
of chapter 169 of title 10, United States Code, or any other
related provision of law, shall not be considered to be
income for purposes of determining the eligibility of a child
of the individual for free or reduced price lunches under
this Act.''.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2003, as follows:
(1) The Army, 484,800.
(2) The Navy, 379,457.
(3) The Marine Corps, 175,000.
(4) The Air Force, 360,795.

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 (1), by striking ``480,000'' and inserting
``484,800'';
(2) in paragraph (2), by striking ``376,000'' and inserting
``379,457';
(3) in paragraph (3), by striking ``172,600'' and inserting
``175,000''; and
(4) in paragraph (4), by striking ``358,800'' and inserting
``360,795''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2002, or the date of the
enactment of this Act, whichever is later.

SEC. 403. AUTHORITY FOR MILITARY DEPARTMENT SECRETARIES TO
INCREASE ACTIVE-DUTY END STRENGTHS BY UP TO 1
PERCENT.

(a) Service Secretary Authority.--Section 115 of title 10,
United States Code, is amended by inserting after subsection
(e) the following new subsection:
``(f) Upon determination by the Secretary of a military
department that such action would enhance manning and
readiness in essential units or in critical specialties or
ratings, the Secretary may increase the end strength
authorized pursuant to subsection (a)(1)(A) for a fiscal year
for the armed force under the jurisdiction of that Secretary
or, in the case of the Secretary of the Navy, for any of the
armed forces under the jurisdiction of that Secretary. Any
such increase for a fiscal year--
``(1) shall be by a number equal to not more than 1 percent
of such authorized end strength; and
``(2) shall be counted as part of the increase for that
armed force for that fiscal year authorized under subsection
(c)(1).''.
(b) Effective Date.--Subsection (f) of section 115 of title
10, United States Code, as added by subsection (a), shall
take effect on October 1, 2002, or the date of the enactment
of this Act, whichever is later.

SEC. 404. GENERAL AND FLAG OFFICER MANAGEMENT.

(a) Exclusion of Senior Military Assistant to the Secretary
of Defense from Limitation on Active Duty Officers in Grades
Above Major General and Rear Admiral.--Effective on the date
specified in subsection (e), section 525(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(8) An officer while serving in a position designated by
the Secretary of Defense as Senior Military Assistant to the
Secretary of Defense, if serving in the grade of lieutenant
general or vice admiral, is in addition to the number that
otherwise would be permitted for that officer's armed force
for that grade under paragraph (1) or (2). Only one officer
may be designated as Senior Military Assistant to the
Secretary of Defense for purposes of this paragraph.''.
(b) Increase in Number of Lieutenant Generals Authorized
for the Marine Corps.--Effective on the date specified in
subsection (e), paragraph (2)(B) of such section is amended
by striking ``16.2 percent'' and inserting ``17.5 percent''.
(c) Grade of Chief of Veterinary Corps of the Army.--(1)
Effective on the date specified in subsection (e), chapter
307 of such title is amended by adding at the end the
following new section:

``Sec. 3084. Chief of Veterinary Corps: grade

``The Chief of the Veterinary Corps of the Army serves in
the grade of brigadier general. An officer appointed to that
position who holds a lower grade shall be appointed in the
grade of brigadier general.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``3084. Chief of Veterinary Corps: grade.''.

(d) Review of Active Duty and Reserve General and Flag
Officer Authorizations.--(1) The Secretary of Defense shall
submit to Congress a report containing any recommendations of
the Secretary (together with the rationale of the Secretary
for the recommendations) concerning the following:
(A) Revision of the limitations on general and flag officer
grade authorizations and distribution in grade prescribed by
sections 525, 526, and 12004 of title 10, United States Code.
(B) Statutory designation of the positions and grades of
any additional general and flag officers in the commands
specified in chapter 1006 of title 10, United States Code,
and the reserve component offices specified in sections 3038,
5143, 5144, and 8038 of such title.
(2) The provisions of subsection (b) through (e) of section
1213 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2694) shall apply to
the report under paragraph (1) in the same manner as they
applied to the report required by subsection (a) of that
section.
(e) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall take effect on the date of the
receipt by Congress of the report required by subsection (d).

SEC. 405. EXTENSION OF CERTAIN AUTHORITIES RELATING TO
MANAGEMENT OF NUMBERS OF GENERAL AND FLAG
OFFICERS IN CERTAIN GRADES.

(a) Senior Joint Officer Positions.--Section 604(c) of
title 10, United States Code, is amended by striking
``September 30, 2003'' and inserting ``December 31, 2004''.
(b) Distribution of Officers on Active Duty in General and
Flag Officer Grades.--Section 525(b)(5)(C) of such title is
amended by striking ``September 30, 2003'' and inserting
``December 31, 2004''.
(c) Authorized Strength for General and Flag Officers on
Active Duty.--Section 526(b)(3) of such title is amended by
striking ``October 1, 2002'' and inserting ``December 31,
2004''.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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.

[[Page H5557]]

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2003, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 24,562.
(2) The Army Reserve, 14,070.
(3) The Naval Reserve, 14,572.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,697.
(6) The Air Force Reserve, 1,498.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).

The minimum number of military technicians (dual status) as
of the last day of fiscal year 2003 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United States,
24,102.
(2) For the Army Reserve, 6,599.
(3) For the Air National Guard of the United States,
22,495.
(4) For the Air Force Reserve, 9,911.

SEC. 414. FISCAL YEAR 2003 LIMITATION ON NON-DUAL STATUS
TECHNICIANS.

(a) Army.--The number of non-dual status technicians
employed by the reserve components of the Army as of
September 30, 2003, may not exceed the following:
(1) For the Army Reserve, 995.
(2) For the Army National Guard of the United States,
1,600, to be counted within the limitation specified in
section 10217(c)(2) of title 10, United States Code.
(b) Air Force.--The number of non-dual status technicians
employed by the reserve components of the Army and the Air
Force as of September 30, 2003, may not exceed the following:
(1) For the Air Force Reserve, 90.
(2) For the Air National Guard of the United States, 350,
to be counted within the limitation specified in section
10217(c)(2) of title 10, United States Code.
(c) 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.
(d) Technical Amendments.--Effective October 1, 2002,
section 10217(c)(2) of title 10, United States Code, is
amended--
(1) in the first sentence, by striking ``Effective October
1, 2002, the'' and inserting ``The''; and
(2) in the second sentence, by striking ``after the
preceding sentence takes effect''.

Subtitle C--Authorization of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2003 a total of $93,725,028,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2003.

TITLE V--MILITARY PERSONNEL POLICY

SEC. 501. INCREASE IN NUMBER OF DEPUTY
COMMANDANTS OF THE MARINE CORPS.

Section 5045 of title 10, United States Code, is amended by
striking ``five'' and inserting ``six''.

SEC. 502. EXTENSION OF GOOD-OF-THE-SERVICE WAIVER AUTHORITY
FOR OFFICERS APPOINTED TO A RESERVE CHIEF OR
GUARD DIRECTOR POSITION.

(a) Waiver of Requirement for Significant Joint Duty
Experience.--Sections 3038(b)(4), 5143(b)(4), 5144(b)(4),
8038(b)(4), and 10506(a)(3)(D) of title 10, United States
Code, are each amended by striking ``October 1, 2003'' and
inserting ``December 31, 2004''.
(b) Report on Future Implementation of Requirement.--Not
later than one year after the date of the enactment of this
Act, 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 setting
forth the steps being taken (and proposed to be taken) by the
Secretary, the Secretaries of the military departments, and
the Chairman of the Joint Chiefs of Staff to ensure that no
further extension of the waiver authority under the sections
amended by subsection (a) is required and that after December
31, 2004, appointment of officers to serve in the positions
covered by those sections shall be made from officers with
the requisite joint duty experience.

Subtitle B--Reserve Component Management

SEC. 511. REVIEWS OF NATIONAL GUARD STRENGTH ACCOUNTING AND
MANAGEMENT AND OTHER ISSUES.

(a) Comptroller General Assessments.--Not later than one
year after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a report on
management of the National Guard. The report shall include
the following:
(1) The Comptroller General's assessment of the
effectiveness of the implementation of Department of Defense
plans for improving management and accounting for personnel
strengths in the National Guard, including an assessment of
the process that the Department of Defense, the National
Guard Bureau, the Army National Guard and State-level
National Guard leadership, and leadership in the other
reserve components have for identifying and addressing in a
timely manner specific units in which nonparticipation rates
are significantly in excess of the established norms.
(2) The Comptroller General's assessment of the
effectiveness of the process for Federal recognition of
senior National Guard officers and recommendations for
improvement to that process.
(3) The Comptroller General's assessment of the process
for, and the nature and extent of, the administrative or
judicial corrective action taken by the Secretary of Defense,
the Secretary of the Army, and the Secretary of the Air Force
as a result of Inspector General investigations or other
investigations in which allegations against senior National
Guard officers are substantiated in whole or in part.
(4) The Comptroller General's determination of the
effectiveness of the Federal protections provided for members
or employees of the National Guard who report allegations of
waste, fraud, abuse, or mismanagement and the nature and
extent to which corrective action is taken against those in
the National Guard who retaliate against such members or
employees.
(b) Secretary of Defense Report on Different Army and Air
Force Procedures.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the differing Army and Air
Force policies for taking adverse administrative actions
against National Guard officers in a State status. The report
shall include the Secretary's determination as to whether
changes should be made in those policies, especially through
requiring the Air Force to adopt the same policy as the Army
for such administrative actions.

SEC. 512. COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT IN
FEDERAL SERVICE.

(a) Manner of Prescribing Punishments.--Section 326 of
title 32, United States Code, is amended by adding at the end
the following new sentence: ``Punishments shall be as
provided by the laws of the respective States and
Territories, Puerto Rico, and the District of Columbia.''.
(b) Convening Authority.--Section 327 of such title is
amended to read as follows:

``Sec. 327. Courts-martial of National Guard not in Federal
service: convening authority

``(a) In the National Guard not in Federal service,
general, special, and summary courts-martial may be convened
as provided by the laws of the States and Territories, Puerto
Rico, and the District of Columbia.
``(b) In addition to convening authorities as provided
under subsection (a), in the National Guard not in Federal
service--
``(1) general courts-martial may be convened by the
President;
``(2) special courts-martial may be convened--
``(A) by the commanding officer of a garrison, fort, post,
camp, air base, auxiliary air base, or other place where
troops are on duty; or
``(B) by the commanding officer of a division, brigade,
regiment, wing, group, detached battalion, separate squadron,
or other detached command; and
``(3) summary courts-martial may be convened--
``(A) by the commanding officer of a garrison, fort, post,
camp, air base, auxiliary air base, or other place where
troops are on duty; or
``(B) by the commanding officer of a division, brigade,
regiment, wing, group, detached battalion, detached squadron,
detached company, or other detachment.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 3 of such title is
amended to read as follows:

``327. Courts-martial of National Guard not in Federal service:
convening authority.''.

(c) Repeal of Superseded and Obsolete Provisions.--
(1) Sections 328, 329, 330, 331, 332, and 333 of title 32,
United States Code, are repealed.
(2) The table of sections at the beginning of chapter 3 of
such title is amended by striking the items relating to
sections 328, 329, 330, 331, 332, and 333.
(d) Preparation of Model State Code of Military Justice and
Model State Manual for Courts-Martial.--(1) The Secretary of
Defense shall prepare, for consideration for enactment by the
States, a model State code of military justice and a model
State manual of courts-martial for use with respect to the
National Guard not in Federal service. Both such models shall
be consistent with the recommendations contained in the
report, issued in 1998, by the panel known as the Department
of Defense Panel to Study Military Justice in the National
Guard not in Federal Service.
(2) The Secretary shall ensure that adequate support for
the preparation of such model State code and model State
manual (including the detailing of attorneys and other staff)
is provided by the General Counsel of the Department of
Defense, the Secretary of the Army, the Secretary of the Air
Force, and the Chief of the National Guard Bureau.
(3) If the amounts available to the Chief of the National
Guard Bureau are not adequate for the costs required to
provide support under paragraph (2) (including costs for
increased pay when members of the National

[[Page H5558]]

Guard are ordered to active duty, cost of detailed attorneys
and other staff, allowances, and travel expenses), the
Secretary shall, upon request of the Chief of the Bureau,
provide such additional amounts as are necessary.
(4) Not later than one year after the date of the enactment
of this Act, 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
implementation of this subsection. The report shall include
proposals in final form of both the model State code and the
model State manual required by paragraph (1) and shall set
forth the efforts being made to present those proposals to
the States for their consideration for enactment.
(5) In this subsection, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, and Guam.

SEC. 513. MATCHING FUNDS REQUIREMENTS UNDER NATIONAL GUARD
YOUTH CHALLENGE PROGRAM.

Effective October 1, 2002, subsection (d) of section 509 of
title 32, United States Code, is amended to read as follows:
``(d) Matching Funds Required.--The amount of assistance
provided under this section to a State program of the
National Guard Challenge Program for a fiscal year may not
exceed 75 percent of the costs of operating the State program
during that fiscal year.''.

Subtitle C--Reserve Component Officer Personnel Policy

SEC. 521. EXEMPTION FROM ACTIVE STATUS STRENGTH LIMITATION
FOR RESERVE COMPONENT GENERAL AND FLAG OFFICERS
SERVING ON ACTIVE DUTY IN CERTAIN JOINT DUTY
ASSIGNMENTS DESIGNATED BY THE CHAIRMAN OF THE
JOINT CHIEFS OF STAFF.

Section 12004 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f)(1) A general or flag officer who is on active duty
but who is not counted under section 526(a) of this title by
reason of section 526(b)(2)(B) of this title shall also be
excluded from being counted under subsection (a).
``(2) This subsection shall cease to be effective on the
date specified in section 526(b)(3) of this title.''.

SEC. 522. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION TO
GRADE OF MAJOR GENERAL FOR CERTAIN RESERVE
COMPONENT BRIGADIER GENERALS WHO DO NOT
OTHERWISE QUALIFY FOR CONSIDERATION FOR
PROMOTION UNDER THE ONE-YEAR RULE.

Section 14301(g) of title 10, United States Code, is
amended to read as follows:
``(g) Brigadier Generals.--(1) An officer who is a reserve
component brigadier general of the Army or the Air Force who
is not eligible for consideration for promotion under
subsection (a) because the officer is not on the reserve
active status list (as required by paragraph (1) of that
subsection for such eligibility) is nevertheless eligible for
consideration for promotion to the grade of major general by
a promotion board convened under section 14101(a) of this
title if--
``(A) as of the date of the convening of the promotion
board, the officer has been in an inactive status for less
than one year; and
``(B) immediately before the date of the officer's most
recent transfer to an inactive status, the officer had
continuously served on the reserve active status list or the
active-duty list (or a combination of the reserve active
status list and the active-duty list) for at least one year.
``(2) An officer who is a reserve component brigadier
general of the Army or the Air Force who is on the reserve
active status list but who is not eligible for consideration
for promotion under subsection (a) because the officer's
service does not meet the one-year-of-continuous-service
requirement under paragraph (2) of that subsection is
nevertheless eligible for consideration for promotion to the
grade of major general by a promotion board convened under
section 14101(a) of this title if--
``(A) the officer was transferred from an inactive status
to the reserve active status list during the one-year period
preceding the date of the convening of the promotion board;
``(B) immediately before the date of the officer's most
recent transfer to an active status, the officer had been in
an inactive status for less than one year; and
``(C) immediately before the date of the officer's most
recent transfer to an inactive status, the officer had
continuously served for at least one year on the reserve
active status list or the active-duty list (or a combination
of the reserve active status list and the active-duty
list).''.

SEC. 523. RETENTION OF PROMOTION ELIGIBILITY FOR RESERVE
COMPONENT GENERAL AND FLAG OFFICERS TRANSFERRED
TO AN INACTIVE STATUS.

Section 14317 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f) Effect of Transfer of Officers in Pay Grade O-7 to
Inactive Status.--Notwithstanding subsection (a), if a
reserve officer on the active-status list in the grade of
brigadier general or rear admiral (lower half) is transferred
to an inactive status after having been recommended for
promotion to the grade of major general or rear admiral under
this chapter, or after having been found qualified for
Federal recognition in the grade of major general under title
32, but before being promoted, the officer shall retain
promotion eligibility and, if otherwise qualified, may be
promoted to the higher grade after returning to an active
status.''.

SEC. 524. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL
DEFERMENT OF MANDATORY RETIREMENT OR SEPARATION
FOR RESERVE OFFICERS.

(a) Deferment of Retirement or Separation for Medical
Reasons.--Chapter 1407 of title 10, United States Code, is
amended by adding at the end the following new section:

``Sec. 14519. Deferment of retirement or separation for
medical reasons

``(a) If the Secretary of the military department concerned
determines that the evaluation of the physical condition of a
Reserve officer and determination of the officer's
entitlement to retirement or separation for physical
disability require hospitalization or medical observation and
that such hospitalization or medical observation cannot be
completed with confidence in a manner consistent with the
officer's well-being before the date on which the officer
would otherwise be required to be separated, retired, or
transferred to the Retired Reserve under this title, the
Secretary may defer the separation, retirement, or transfer
of the officer under this title.
``(b) A deferral under subsection (a) of separation,
retirement, or transfer to the Retired Reserve may not extend
for more than 30 days after completion of the evaluation
requiring hospitalization or medical observation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``14519. Deferment of retirement or separation for medical reasons.''.

Subtitle D--Education and Training

SEC. 531. AUTHORITY FOR PHASED INCREASE TO 4,400 IN
AUTHORIZED STRENGTHS FOR THE SERVICE ACADEMIES.

(a) Military Academy.--Section 4342 of title 10, United
States Code, is amended--
(1) in subsection (a), by inserting before the period at
the end of the first sentence the following: ``or such higher
number as may be prescribed by the Secretary of the Army
under subsection (j)''; and
(2) by adding at the end the following new subsection:
``(j)(1) Beginning with the 2003-2004 academic year, the
Secretary of the Army may prescribe annual increases in the
cadet strength limit in effect under subsection (a). For any
academic year, any such increase shall be by no more than 100
cadets or such lesser number as applies under paragraph (3)
for that year. Such annual increases may be prescribed until
the cadet strength limit is 4,400. However, no increase may
be prescribed for any academic year after the 2007-2008
academic year.
``(2) Any increase in the cadet strength limit under
paragraph (1) with respect to an academic year shall be
prescribed not later than the date on which the budget of the
President is submitted to Congress under section 1105 of
title 31 for the fiscal year beginning in the same year as
the year in which that academic year begins. Whenever the
Secretary prescribes such an increase, the Secretary shall
submit to Congress a notice in writing of the increase. The
notice shall state the amount of the increase in the cadet
strength limit and the new cadet strength limit, as so
increased, and the amount of the increase in Senior Army
Reserve Officers' Training Corps enrollment under each of
sections 2104 and 2107 of this title.
``(3) The amount of an increase under paragraph (1) in the
cadet strength limit for an academic year may not exceed the
increase (if any) for the preceding academic year in the
total number of cadets enrolled in the Army Senior Reserve
Officers' Training Corps program under chapter 103 of this
title who have entered into an agreement under section 2104
or 2107 of this title.
``(4) In this subsection, the term `cadet strength limit'
means the authorized maximum strength of the Corps of Cadets
of the Academy.''.
(b) Naval Academy.--Section 6954 of title 10, United States
Code, is amended--
(1) in subsection (a), by inserting before the period at
the end of the first sentence the following: ``or such higher
number as may be prescribed by the Secretary of the Navy
under subsection (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) Beginning with the 2003-2004 academic year, the
Secretary of the Navy may prescribe annual increases in the
midshipmen strength limit in effect under subsection (a). For
any academic year, any such increase shall be by no more than
100 midshipmen or such lesser number as applies under
paragraph (3) for that year. Such annual increases may be
prescribed until the midshipmen strength limit is 4,400.
However, no increase may be prescribed for any academic year
after the 2007-2008 academic year.
``(2) Any increase in the midshipmen strength limit under
paragraph (1) with respect to an academic year shall be
prescribed not later than the date on which the budget of the
President is submitted to Congress under section 1105 of
title 31 for the fiscal year beginning in the same year as
the year in which that academic year begins. Whenever the
Secretary prescribes such an increase, the Secretary shall
submit to Congress a notice in writing of the increase. The

[[Page H5559]]

notice shall state the amount of the increase in the
midshipmen strength limit and the new midshipmen strength
limit, as so increased, and the amount of the increase in
Senior Navy Reserve Officers' Training Corps enrollment under
each of sections 2104 and 2107 of this title.
``(3) The amount of an increase under paragraph (1) in the
midshipmen strength limit for an academic year may not exceed
the increase (if any) for the preceding academic year in the
total number of midshipmen enrolled in the Navy Senior
Reserve Officers' Training Corps program under chapter 103 of
this title who have entered into an agreement under section
2104 or 2107 of this title.
``(4) In this subsection, the term `midshipmen strength
limit' means the authorized maximum strength of the Brigade
of Midshipmen.''.
(c) Air Force Academy.--Section 9342 of title 10, United
States Code, is amended--
(1) in subsection (a), by inserting before the period at
the end of the first sentence the following: ``or such higher
number as may be prescribed by the Secretary of the Air Force
under subsection (j)''; and
(2) by adding at the end the following new subsection:
``(j)(1) Beginning with the 2003-2004 academic year, the
Secretary of the Air Force may prescribe annual increases in
the cadet strength limit in effect under subsection (a). For
any academic year, any such increase shall be by no more than
100 cadets or such lesser number as applies under paragraph
(3) for that year. Such annual increases may be prescribed
until the cadet strength limit is 4,400. However, no increase
may be prescribed for any academic year after the 2007-2008
academic year.
``(2) Any increase in the cadet strength limit under
paragraph (1) with respect to an academic year shall be
prescribed not later than the date on which the budget of the
President is submitted to Congress under sections 1105 of
title 31 for the fiscal year beginning in the same year as
the year in which that academic year begins. Whenever the
Secretary prescribes such an increase, the Secretary shall
submit to Congress a notice in writing of the increase. The
notice shall state the amount of the increase in the cadet
strength limit and the new cadet strength limit, as so
increased, and the amount of the increase in Senior Air Force
Reserve Officers' Training Corps enrollment under each of
sections 2104 and 2107 of this title.
``(3) The amount of an increase under paragraph (1) in the
cadet strength limit for an academic year may not exceed the
increase (if any) for the preceding academic year in the
total number of cadets enrolled in the Air Force Senior
Reserve Officers' Training Corps program under chapter 103 of
this title who have entered into an agreement under section
2104 or 2107 of this title.
``(4) In this subsection, the term `cadet strength limit'
means the authorized maximum strength of Air Force Cadets of
the Academy.''.
(d) Target for Increases in Number of ROTC Scholarship
Participants.--Section 2107 of such title is amended by
adding at the end the following new subsection:
``(i) The Secretary of each military department shall seek
to achieve an increase in the number of agreements entered
into under this section so as to achieve an increase, by the
2006-2007 academic year, of not less than 400 in the number
of cadets or midshipmen, as the case may be, enrolled under
this section, compared to such number enrolled for the 2002-
2003 academic year. In the case of the Secretary of the Navy,
the Secretary shall seek to ensure that not less than one-
third of such increase in agreements under this section are
with students enrolled (or seeking to enroll) in programs of
study leading to a baccalaureate degree in nuclear
engineering or another appropriate technical, scientific, or
engineering field of study.''.
(e) Repeal of Limit on Number of ROTC Scholarships.--
Section 2107 of such title is further amended by striking the
first sentence of subsection (h)(1).
(f) Repeal of Obsolete Language.--Section 4342(i) of such
title is amended by striking ``(beginning with the 2001-2002
academic year)''.

SEC. 532. ENHANCEMENT OF RESERVE COMPONENT DELAYED TRAINING
PROGRAM.

(a) Increase in Time Following Enlistment for Commencement
of Initial Period of Active Duty for Training.--Section
12103(d) of title 10, United States Code, is amended by
striking ``270 days'' in the last sentence and inserting
``one year''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to enlistments under section
12103(d) of title 10, United States Code, after the end of
the 90-day period beginning on the date of the enactment of
this Act.
(c) Transition.--In the case of a person who enlisted under
section 12103(d) of title 10, United States Code, before the
date of the enactment of this Act and who as of such date has
not commenced the required initial period of active duty for
training under that section, the amendment made by subsection
(a) may be applied to that person, but only with the
agreement of that person and the Secretary concerned.

SEC. 533. 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.
``(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 32, United
States Code, is amended to read as follows:

``504. National Guard schools; small arms competitions; athletic
competitions.''.

Subtitle E--Decorations and Awards

SEC. 541. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.

SEC. 542. 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,

[[Page H5560]]

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.

Subtitle F--Administrative Matters

SEC. 551. STAFFING AND FUNDING FOR DEFENSE PRISONER OF WAR/
MISSING PERSONNEL OFFICE.

(a) Requirement for Staffing and Funding at Levels Required
for Performance of Full Range of Missions.--Subsection (a) of
section 1501 of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) The Secretary of Defense shall ensure that the
office is provided sufficient military and civilian personnel
levels, and sufficient funding, to enable the office to fully
perform its complete range of missions. The Secretary shall
ensure that Department of Defense programming, planning, and
budgeting procedures are structured so as to ensure
compliance with the preceding sentence for each fiscal year.
``(B) For any fiscal year, the number of military and
civilian personnel assigned or detailed to the office may not
be less than the number requested in the President's budget
for fiscal year 2003, unless a level below such number is
expressly required by law.
``(C) For any fiscal year, the level of funding allocated
to the office within the Department of Defense may not be
below the level requested for such purposes in the
President's budget for fiscal year 2003, unless such a level
of funding is expressly required by law.''.
(b) Name of Office.--Such subsection is further amended by
inserting after the first sentence of paragraph (1) the
following new sentence: ``Such office shall be known as the
Defense Prisoner of War/Missing Personnel Office.''.

SEC. 552. THREE-YEAR FREEZE ON REDUCTIONS OF PERSONNEL OF
AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION
OF MILITARY RECORDS.

(a) In General.--Chapter 79 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1559. Personnel limitation

``(a) Limitation.--During fiscal years 2003, 2004, and
2005, the Secretary of a military department may not carry
out any reduction in the number of military and civilian
personnel assigned to duty with the service review agency for
that military department below the baseline number for that
agency until--
``(1) the Secretary submits to Congress a report that--
``(A) describes the reduction proposed to be made;
``(B) provides the Secretary's rationale for that
reduction; and
``(C) specifies the number of such personnel that would be
assigned to duty with that agency after the reduction; and
``(2) a period of 90 days has elapsed after the date on
which the report is submitted.
``(b) Baseline Number.--The baseline number for a service
review agency under this section is--
``(1) for purposes of the first report with respect to a
service review agency under this section, the number of
military and civilian personnel assigned to duty with that
agency as of January 1, 2002; and
``(2) for purposes of any subsequent report with respect to
a service review agency under this section, the number of
such personnel specified in the most recent report with
respect to that agency under this section.
``(c) Service Review Agency Defined.--In this section, the
term `service review agency' means--
``(1) with respect to the Department of the Army, the Army
Review Boards Agency;
``(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
``(3) with respect to the Department of the Air Force, the
Air Force Review Boards Agency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``1559. Personnel limitation.''.

SEC. 553. DEPARTMENT OF DEFENSE SUPPORT FOR PERSONS
PARTICIPATING IN MILITARY FUNERAL HONORS
DETAILS.

Section 1491(d) of title 10, United States Code, is
amended--
(1) by striking ``To provide a'' after ``Support.--'' and
inserting ``(1) To support a'';
(2) by redesignating paragraph (1) as subparagraph (A) and
amending such subparagraph, as so redesignated, to read as
follows:
``(A) For a person who participates in a funeral honors
detail (other than a person who is a member of the armed
forces not in a retired status or an employee of the United
States), either transportation (or reimbursement for
transportation) and expenses or the daily stipend prescribed
under paragraph (2).'';
(3) by redesignating paragraph (2) as subparagraph (B) and
in that subparagraph--
(A) by striking ``Materiel, equipment, and training for''
and inserting ``For''; and
(B) by inserting before the period at the end ``and for
members of the armed forces in a retired status, materiel,
equipment, and training'';
(4) by redesignating paragraph (3) as subparagraph (C) and
in that subparagraph--
(A) by striking ``Articles of clothing for'' and inserting
``For''; and
(B) by inserting ``, articles of clothing'' after
``subsection (b)(2)''; and
(5) by adding at the end the following new paragraphs:
``(2) The Secretary of Defense shall prescribe annually a
flat rate daily stipend for purposes of paragraph (1)(A).
Such stipend shall be set at a rate so as to encompass
typical costs for transportation and other miscellaneous
expenses for persons participating in funeral honors details
who are members of the armed forces in a retired status and
other persons are not members of the armed forces or
employees of the United States.
``(3) A stipend paid under this subsection to a member of
the armed forces in a retired status is in addition to any
compensation to which the member is entitled under section
435(a)(2) of title 37 and any other compensation to which the
member may be entitled.''.

SEC. 554. AUTHORITY FOR USE OF VOLUNTEERS AS PROCTORS FOR
ADMINISTRATION OF ARMED SERVICES VOCATIONAL
APTITUDE BATTERY TEST.

Section 1588(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) Voluntary services as a proctor for administration to
secondary school students of the test known as the `Armed
Services Vocational Aptitude Battery'.''.

SEC. 555. ANNUAL REPORT ON STATUS OF FEMALE MEMBERS OF THE
ARMED FORCES.

(a) In General.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 488. Status of female members of the armed forces:
annual report

``(a) Annual Report.--The Secretary of Defense shall submit
to Congress an annual report on the status of female members
of the armed forces. Information in the report shall be shown
for the Department of Defense as a whole and separately for
each of the Army, Navy, Air Force, and Marine Corps.
``(b) Matters To Be Included.--Each report under subsection
(a) shall include, at a minimum, the following information
with respect to female members:
``(1) Access to health care.
``(2) Positions open.
``(3) Assignment policies.
``(4) Joint spouse assignments.
``(5) Deployment availability rates.
``(6) Promotion and retention rates.
``(7) Assignments in nontraditional fields.
``(8) Assignments to command positions.
``(9) Selection for service schools.
``(10) Sexual harassment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``488. Status of female members of the armed forces: annual report.''.

Subtitle G--Benefits

SEC. 561. VOLUNTARY LEAVE SHARING PROGRAM FOR MEMBERS OF THE
ARMED FORCES.

(a) In General.--(1) Chapter 40 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 709. Voluntary transfers of leave

``(a) Program.--The Secretary concerned shall, by
regulation, establish a program under which leave accrued by
a member of an armed force may be transferred to another
member of the same armed force who requires additional leave
because of a qualifying emergency. Any such transfer of leave
may be made only upon the voluntary written application of
the member whose leave is to be transferred.
``(b) Approval of Commanding Officer Required.--Any
transfer of leave under a program under this section may only
be made with the approval of the commanding officer of the
leave donor and the leave recipient.
``(c) Qualifying Emergency.--In this section, the term
`qualifying emergency', with respect to a member of the armed
forces, means a circumstance that--
``(1) is likely to require the prolonged absence of the
member from duty; and
``(2) is due to--
``(A) a medical condition of a member of the immediate
family of the member; or
``(B) any other hardship that the Secretary concerned
determines appropriate for purposes of this section.
``(d) Military Department Regulations.--Regulations
prescribed under this section by the Secretaries of the
military department shall be as uniform as practicable and
shall be subject to approval by the Secretary of Defense.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``709. Voluntary transfers of leave.''.

(b) Deadline for Implementing Regulations.--Regulations to
implement section 709 of title 10, United States Code, as
added by subsection (a), shall be prescribed not

[[Page H5561]]

later than six months after the date of the enactment of this
Act.

SEC. 562. ENHANCED FLEXIBILITY IN MEDICAL LOAN REPAYMENT
PROGRAM.

(a) Eligible Persons.--Subsection (d) of section 2173 of
title 10, United States Code, is amended by striking
``Participants'' and all that follows through ``and
students'' and inserting ``Students''.
(b) Loan Repayment Amounts.--Subsection (e)(2) of such
section is amended by striking the last sentence.

SEC. 563. EXPANSION OF OVERSEAS TOUR EXTENSION BENEFITS.

Section 705(b)(2) of title 10, United States Code, is
amended--
(1) by striking ``recuperative'' and inserting
``recuperation''; and
(2) by inserting before the period at the end the
following: ``, or to an alternate location at a cost not to
exceed the cost of transportation to the nearest port in the
48 contiguous States, and return''.

SEC. 564. VEHICLE STORAGE IN LIEU OF TRANSPORTATION WHEN
MEMBER IS ORDERED TO A NONFOREIGN DUTY STATION
OUTSIDE CONTINENTAL UNITED STATES.

(a) Storage Costs Authorized.--Subsection (b) of section
2634 of title 10, United States Code, is amended by striking
paragraphs (1) and (2) and inserting the following:
``(b)(1) When a member receives a vehicle storage
qualifying order, the member may elect to have a motor
vehicle described in subsection (a) stored at the expense of
the United States at a location approved by the Secretary
concerned. In the case of a vehicle storage qualifying order
that is to make a change of permanent station, such storage
is in lieu of transportation authorized by subsection (a).
``(2) In this subsection, the term `vehicle storage
qualifying order' means any of the following:
``(A) An order to make a change of permanent station to a
foreign country in a case in which the laws, regulations, or
other restrictions imposed by the foreign country or by the
United States either--
``(i) preclude entry of a motor vehicle described in
subsection (a) into that country; or
``(ii) would require extensive modification of the vehicle
as a condition to entry.
``(B) An order to make a change of permanent station to a
nonforeign area outside the continental United States in a
case in which the laws, regulations, or other restrictions
imposed by that area or by the United States either--
``(i) preclude entry of a motor vehicle described in
subsection (a) into that area; or
``(ii) would require extensive modification of the vehicle
as a condition to entry.
``(C) An order under which a member is transferred or
assigned in connection with a contingency operation to duty
at a location other than the permanent station of the member
for a period of more than 30 consecutive days but which is
not considered a change of permanent station.''.
(b) Nonforeign Area Outside the Continental United States
Defined.--Subsection (h) of such section is amended by adding
at the end the following new paragraph:
``(3) The term `nonforeign area outside the continental
United States' means any of the following: the States of
Alaska and Hawaii, the Commonwealths of Puerto Rico and the
Northern Mariana Islands, and any possession of the United
States.''.
(c) Effective Date.--The amendments made by this section
apply to orders to make a change of permanent station to a
nonforeign area outside the continental United States (as
such term is defined in subsection (h)(3) of section 2634 of
title 10, United States Code, as added by subsection (b))
that are issued on or after the date of the enactment of this
Act.

Subtitle H--Military Justice Matters

SEC. 571. 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 on or after January 1, 2003.

SEC. 572. REPORT ON DESIRABILITY AND FEASIBILITY OF
CONSOLIDATING SEPARATE COURSES OF BASIC
INSTRUCTION FOR JUDGE ADVOCATES.

Not later than February 1, 2003, 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 desirability and feasibility
of consolidating the separate Army, Navy, and Air Force
courses of basic instruction for judge advocates into a
single course to be conducted at a single location. The
report shall include--
(1) an assessment of the advantages and disadvantages of
such a consolidation;
(2) a recommendation as to whether such a consolidation is
desirable and feasible; and
(3) any proposal for legislative action that the Secretary
considers appropriate for carrying out such a consolidation.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2003.

COMMISSIONED OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,474.50 7,719.30 7,881.60 7,927.20 8,129.40
O-7............. 6,210.90 6,499.20 6,633.00 6,739.20 6,930.90
O-6............. 4,603.20 5,057.10 5,388.90 5,388.90 5,409.60
O-5............. 3,837.60 4,323.00 4,622.40 4,678.50 4,864.80
O-4............. 3,311.10 3,832.80 4,088.70 4,145.70 4,383.00
O-3 \3\......... 2,911.20 3,300.30 3,562.20 3,883.50 4,069.50
O-2 \3\......... 2,515.20 2,864.70 3,299.40 3,410.70 3,481.20
O-1 \3\......... 2,183.70 2,272.50 2,746.80 2,746.80 2,746.80
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 8,468.70 8,547.30 8,868.90 8,961.30 9,238.20
O-7............. 7,120.80 7,340.40 7,559.40 7,779.00 8,468.70
O-6............. 5,641.20 5,672.10 5,672.10 5,994.60 6,564.30
O-5............. 4,977.00 5,222.70 5,403.00 5,635.50 5,991.90
O-4............. 4,637.70 4,954.50 5,201.40 5,372.70 5,471.10
O-3 \3\......... 4,273.50 4,405.80 4,623.30 4,736.10 4,736.10
O-2 \3\......... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20

[[Page H5562]]

O-1 \3\......... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10 \2\........ $0.00 $12,077.7 $12,137.1 $12,389.4 $12,829.20
0 0 0
O-9............. 0.00 10,563.60 10,715.70 10,935.60 11,319.60
O-8............. 9,639.00 10,008.90 10,255.80 10,255.80 10,255.80
O-7............. 9,051.30 9,051.30 9,051.30 9,051.30 9,096.90
O-6............. 6,898.80 7,233.30 7,423.50 7,616.10 7,989.90
O-5............. 6,161.70 6,329.10 6,519.60 6,519.60 6,519.60
O-4............. 5,528.40 5,528.40 5,528.40 5,528.40 5,528.40
O-3 \3\......... 4,736.10 4,736.10 4,736.10 4,736.10 4,736.10
O-2 \3\......... 3,481.20 3,481.20 3,481.20 3,481.20 3,481.20
O-1 \3\......... 2,746.80 2,746.80 2,746.80 2,746.80 2,746.80
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for commissioned officers in pay grades 0-7
through O-10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other
officers may not exceed the rate of pay for level V of the Executive
Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, the rate of
basic pay for this grade is $14,155.50, regardless of cumulative years
of service computed under section 205 of title 37, United States Code.
\3\ This table does not apply to commissioned officers in pay grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,883.50 $4,069.50
O-2E............ 0.00 0.00 0.00 3,410.70 3,481.20
O-1E............ 0.00 0.00 0.00 2,746.80 2,933.70
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00
O-2E............ 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10
O-1E............ 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40
O-2E............ 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10
O-1E............ 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70
------------------------------------------------------------------------

WARRANT OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10
W-3.............. 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00
W-2.............. 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30
W-1.............. 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00
W-3.............. 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60
W-2.............. 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90
W-1.............. 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30
W-4.............. 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50
W-3.............. 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00
W-2.............. 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30
W-1.............. 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for warrant officers may not exceed the rate
of pay for level V of the Executive Schedule.

ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9 \2\.......... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40
E-6.............. 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10
E-5.............. 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00
E-4.............. 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00
E-3.............. 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. \3\ 1,150.80 1,150.80 1,150.80 1,150.80
1,150.80
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9 \2\.......... $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00
E-8.............. 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00
E-7.............. 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30
E-6.............. 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10
E-5.............. 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30

[[Page H5563]]

E-4.............. 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00
E-3.............. 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9 \2\.......... $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40
E-8.............. 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20
E-7.............. 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40
E-6.............. 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60
E-5.............. 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30
E-4.............. 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00
E-3.............. 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80
E-2.............. 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00
E-1.............. 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for enlisted members may not exceed the rate
of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major
of the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $5,732.70, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4
months on active duty, the rate of basic pay is $1,064.70.

SEC. 602. EXPANSION OF BASIC ALLOWANCE FOR HOUSING LOW-COST
OR NO-COST MOVES AUTHORITY TO MEMBERS ASSIGNED
TO DUTY OUTSIDE UNITED STATES.

Section 403(c) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(4) In the case of a member who is assigned to duty
outside of the United States, the location or the
circumstances of which make it necessary that the member be
reassigned under the conditions of low-cost or no-cost
permanent change of station or permanent change of
assignment, the member may be treated as if the member were
not reassigned if the Secretary concerned determines that it
would be inequitable to base the member's entitlement to, and
amount of, a basic allowance for housing on the cost of
housing in the area to which the member is reassigned.''.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR CERTAIN HEALTH CARE
PROFESSIONALS.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.

(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2003''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2002''
and inserting ``December 31, 2003''.

SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.

SEC. 615. MINIMUM LEVELS OF HARDSHIP DUTY PAY FOR DUTY ON THE
GROUND IN ANTARCTICA OR ON ARCTIC ICEPACK.

Section 305 of title 37, 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) Duty in Certain Locations.--(1) In the case of duty
at a location described in paragraph (2) at any time during a
month, the member of a uniformed service performing that duty
is entitled to special pay under this section at a monthly
rate of not less than $240, but not to exceed the monthly
rate specified in subsection (a). For each day of that duty
during the month, the member shall receive an amount equal to
\1/30\ of the monthly rate prescribed under this subsection.
``(2) Paragraph (1) applies with respect to duty performed
on the ground in Antarctica or on the Arctic icepack.''.

SEC. 616. INCREASE IN MAXIMUM RATES FOR PRIOR SERVICE
ENLISTMENT BONUS.

SEC. 617. RETENTION INCENTIVES FOR HEALTH CARE PROVIDERS
QUALIFIED IN A CRITICAL MILITARY SKILL.

(a) Exception to Limitation on Maximum Bonus Amount.--
Subsection (d) of section 323 of title 37, United States
Code, is amended--
(1) by inserting ``(1)'' before ``A member''; and
(2) by adding at the end the following new paragraph:
``(2) The limitation in paragraph (1) on the total bonus
payments that a member may receive under this section does
not apply with respect to an officer who is assigned duties
as a health care provider.''.
(b) Exception to Years of Service Limitation.--Subsection
(e) of such section is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``A retention''; and
(3) by adding at the end the following new paragraph:

[[Page H5564]]

``(2) The limitations in paragraph (1) do not apply with
respect to an officer who is assigned duties as a health care
provider during the period of active duty for which the bonus
is being offered.''.

Subtitle C--Travel and Transportation Allowances

SEC. 631. EXTENSION OF LEAVE TRAVEL DEFERRAL PERIOD FOR
MEMBERS PERFORMING CONSECUTIVE OVERSEAS TOURS
OF DUTY.

(a) Authorized Deferral Period.--Section 411b of title 37,
United States Code is amended by inserting after subsection
(a) the following new subsection:
``(b) Authority To Defer Travel; Limitations.--(1) Under
the regulations referred to subsection (a), a member may
defer the travel for which the member is paid travel and
transportation allowances under this section until anytime
before the completion of the consecutive tour at the same
duty station or the completion of the tour of duty at the new
duty station under the order involved, as the case may be.
``(2) If a member is unable to undertake the travel before
expiration of the deferral period under paragraph (1) because
of duty in connection with a contingency operation, the
member may defer the travel until not more than one year
after the date on which the member's duty in connection with
the contingency operation ends.''.
(b) Conforming and Clerical Amendments.--Such section is
further amended--
(1) in subsection (a)--
(A) by striking ``(a)(1)'' and inserting ``(a) Allowances
Authorized.--''; and
(B) by striking paragraph (2); and
(2) by striking ``(b) The allowances'' and inserting ``(c)
Limitation on Allowance Rate.--''.
(c) Application of Amendment.--Subsection (b) of section
411b of title 37, United States Code, as added by subsection
(a), shall apply with respect to members of the uniformed
services in a deferred leave travel status under such section
as of the date of the enactment of this Act or after that
date.

Subtitle D--Retired Pay and Survivors Benefits

SEC. 641. PHASE-IN OF FULL CONCURRENT RECEIPT OF MILITARY
RETIRED PAY AND VETERANS DISABILITY
COMPENSATION FOR MILITARY RETIREES WITH
DISABILITIES RATED AT 60 PERCENT OR HIGHER.

(a) Concurrent Receipt.--Section 1414 of title 10, United
States Code, is amended to read as follows:

``Sec. 1414. Members eligible for retired pay who have
service-connected disabilities rated at 60 percent or
higher: concurrent payment of retired pay and veterans'
disability compensation

``(a) Payment of Both Retired Pay and Compensation.--
Subject to subsection (b), a member or former member of the
uniformed services who is entitled for any month to retired
pay and who is also entitled for that month to veterans'
disability compensation for a qualifying service-connected
disability (hereinafter in this section referred to as a
`qualified retiree') is entitled to be paid both for that
month without regard to sections 5304 and 5305 of title 38.
For fiscal years 2003 through 2006, payment of retired pay to
such a member or former member is subject to subsection (c).
``(b) Special Rules for Chapter 61 Disability Retirees.--
``(1) 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.
``(2) Disability retirees with less than 20 years of
service.--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.
``(c) Phase-in of Full Concurrent Receipt.--For fiscal
years 2003 through 2006, retired pay payable to a qualified
retiree shall be determined as follows:
``(1) Fiscal year 2003.--For a month during fiscal year
2003, the amount of retired pay payable to a qualified
retiree is the amount (if any) of retired pay in excess of
the current baseline offset plus the following:
``(A) For a month for which the retiree receives veterans'
disability compensation for a qualifying service-connected
disability rated as total, $750.
``(B) For a month for which the retiree receives veterans'
disability compensation for a qualifying service-connected
disability rated as 90 percent, $500.
``(C) For a month for which the retiree receives veterans'
disability compensation for a qualifying service-connected
disability rated as 80 percent, $250.
``(D) For a month for which the retiree receives veterans'
disability compensation for a qualifying service-connected
disability rated as 70 percent, $250.
``(E) For a month for which the retiree receives veterans'
disability compensation for a qualifying service-connected
disability rated as 60 percent, $125.
``(2) Fiscal year 2004.--For a month during fiscal year
2004, the amount of retired pay payable to a qualified
retiree is the sum of--
``(A) the amount specified in paragraph (1) for that
qualified retiree; and
``(B) 23 percent of the difference between (i) the current
baseline offset, and (ii) the amount specified in paragraph
(1) for that member's disability.
``(3) Fiscal year 2005.--For a month during fiscal year
2005, the amount of retired pay payable to a qualified
retiree is the sum of--
``(A) the amount determined under paragraph (2) for that
qualified retiree; and
``(B) 30 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (2) for that qualified retiree.
``(4) Fiscal year 2006.--For a month during fiscal year
2006, the amount of retired pay payable to a qualified
retiree is the sum of--
``(A) the amount determined under paragraph (3) for that
qualified retiree; and
``(B) 64 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (3) for that qualified retiree.
``(d) Definitions.--In this section:
``(1) Retired pay.--The term `retired pay' includes
retainer pay, emergency officers' retirement pay, and naval
pension.
``(2) Veterans' disability compensation.--The term
`veterans' disability compensation' has the meaning given the
term `compensation' in section 101(13) of title 38.
``(3) Service-connected.--The term `service-connected' has
the meaning given that term in section 101(16) of title 38.
``(4) Qualifying service-connected disability.--The term
`qualifying service-connected disability' means a service-
connected disability or combination of service-connected
disabilities that is rated as not less than 60 percent
disabling by the Secretary of Veterans Affairs.
``(5) Disability rated as total.--The term `disability
rated as total' means--
``(A) a disability, or combination of disabilities, that is
rated as total under the standard schedule of rating
disabilities in use by the Department of Veterans Affairs; or
``(B) a disability, or combination of disabilities, for
which the scheduled rating is less than total but for which a
rating of total is assigned by reason of inability of the
disabled person concerned to secure or follow a substantially
gainful occupation as a result of service-connected
disabilities.
``(6) Current baseline offset.--
``(A) In general.--The term `current baseline offset' for
any qualified retiree means the amount for any month that is
the lesser of--
``(i) the amount of the applicable monthly retired pay of
the qualified retiree for that month; and
``(ii) the amount of monthly veterans' disability
compensation to which the qualified retiree is entitled for
that month.
``(B) Applicable retired pay.--In subparagraph (A), the
term `applicable retired pay' for a qualified retiree means
the amount of monthly retired pay to which the qualified
retiree is entitled, determined without regard to this
section or sections 5304 and 5305 of title 38), except that
in the case of such a retiree who was retired under chapter
61 of this title, such amount is 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.''.
(b) Repeal of Special Compensation Authority.--Section 1413
of title 10, United States Code, is repealed.
(c) Payment of Increased Retired Pay Costs Due to
Concurrent Receipt.--(1) Section 1465(b) of such title is
amended by adding at the end the following new paragraph:
``(3) At the same time that the Secretary of Defense makes
the determination required by paragraph (1) for any fiscal
year, the Secretary shall determine the amount of the
Treasury contribution to be made to the Fund for the next
fiscal year under section 1466(b)(2)(D) of this title. That
amount shall be determined in the same manner as the
determination under paragraph (1) of the total amount of
Department of Defense contributions to be made to the Fund
during that fiscal year under section 1466(a) of this title,
except that for purposes of this paragraph the Secretary, in
making the calculations required by subparagraphs (A) and (B)
of that paragraph, shall use the single level percentages
determined under subsection (c)(4), rather than those
determined under subsection (c)(1).''.
(2) Section 1465(c) of such title is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting before the semicolon
at the end the following: ``, to be determined without regard
to section 1414 of this title'';
(ii) in subparagraph (B), by inserting before the period at
the end the following: ``, to be determined without regard to
section 1414 of this title''; and
(iii) in the sentence following subparagraph (B), by
striking ``subsection (b)'' and inserting ``subsection
(b)(1)'';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Whenever the Secretary carries out an actuarial
valuation under paragraph (1), the Secretary shall include as
part of such valuation the following:

[[Page H5565]]

``(A) A determination of a single level percentage
determined in the same manner as applies under subparagraph
(A) of paragraph (1), but based only upon the provisions of
section 1414 of this title.
``(B) A determination of a single level percentage
determined in the same manner as applies under subparagraph
(B) of paragraph (1), but based only upon the provisions of
section 1414 of this title.

Such single level percentages shall be used for the purposes
of subsection (b)(3).''.
(3) Section 1466(b) of such title is amended--
(A) in paragraph (1), by striking ``sections 1465(a) and
1465(c)'' and inserting ``sections 1465(a), 1465(b)(3),
1465(c)(2), and 1465(c)(3)''; and
(B) by adding at the end of paragraph (2) the following new
subparagraph:
``(D) The amount for that year determined by the Secretary
of Defense under section 1465(b)(3) of this title for the
cost to the Fund arising from increased amounts payable from
the Fund by reason of section 1414 of this title.''.
(d) Clerical Amendments.--The table of sections at the
beginning of chapter 71 of such title is amended--
(1) by striking the item relating to section 1413; and
(2) by striking the item relating to section 1414 and
inserting the following:

``1414. Members eligible for retired pay who have service-connected
disabilities rated at 60 percent or higher: concurrent
payment of retired pay and veterans' disability
compensation.''.

(e) Effective Date.--The amendments made by this section
shall apply with respect to retired pay payable for months
after September 2002.

SEC. 642. CHANGE IN SERVICE REQUIREMENTS FOR ELIGIBILITY FOR
RETIRED PAY FOR NON-REGULAR SERVICE.

(a) Reduction in Requirement for Years of Reserve Component
Service Before Retired Pay Eligibility.--Section 12731(a)(3)
of title 10, United States Code, is amended by striking
``eight years'' and inserting ``six years''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2002.

SEC. 643. ELIMINATION OF POSSIBLE INVERSION IN RETIRED PAY
COST-OF-LIVING ADJUSTMENT FOR INITIAL COLA
COMPUTATION.

(a) Elimination of Possible COLA Inversion.--Section 1401a
of title 10, United States Code, is amended--
(1) in subsections (c)(1), (d), and (e), by inserting ``but
subject to subsection (f)(2)'' after ``Notwithstanding
subsection (b)'';
(2) in subsection (c)(2), by inserting ``(subject to
subsection (f)(2) as applied to other members whose retired
pay is computed on the current rates of basic pay in the most
recent adjustment under this section)'' after ``shall be
increased''; and
(3) in subsection (f)--
(A) by designating the text after the subsection heading as
paragraph (1), indenting that text two ems, and inserting
``(1) Prevention of retired pay inversions.--'' before
``Notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Prevention of cola inversions.--The percentage of the
first adjustment under this section in the retired pay of any
person, as determined under subsection (c)(1), (c)(2), (d),
or (e), may not exceed the percentage increase in retired pay
determined under subsection (b)(2) that is effective on the
same date as the effective date of such first adjustment.''.
(b) Technical Amendments.--Such section is further
amended--
(1) in subsection (d), by inserting ``or on or after August
1, 1986, if the member or former member did not elect to
receive a bonus under section 322 of title 37'' after
``August 1, 1986,''; and
(2) in subsection (e), by inserting ``and elected to
receive a bonus under section 322 of title 37'' after
``August 1, 1986,''.

SEC. 644. TECHNICAL REVISIONS TO SO-CALLED ``FORGOTTEN
WIDOWS'' ANNUITY PROGRAM.

(a) Clarification of Eligibility.--Subsection (a)(1) of
section 644 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 1448 note) is
amended--
(1) in subparagraph (A), by inserting after ``(A)'' the
following: ``became entitled to retired or retainer pay
before September 21, 1972,''; and
(2) in subparagraph (B), by striking ``was a member of a
reserve component of the Armed Forces'' and inserting
``died''.
(b) Clarification of Interaction With Other Benefits.--(1)
Subsection (a)(2) of such section is amended by striking
``and who'' and all that follows through ``note)''.
(2) Subsection (b)(2) of such section is amended to read as
follows:
``(2) The amount of an annuity to which a surviving spouse
is entitled under this section for any period shall be
reduced (but not below zero) by any amount paid to that
surviving spouse for the same period under any of the
following provisions of law:
``(A) Section 1311(a) of title 38, United States Code
(relating to dependency and indemnity compensation payable by
the Secretary of Veterans Affairs).
``(B) Chapter 73 of title 10, United States Code.
``(C) Section 4 of Public Law 92-425 (10 U.S.C. 1448
note).''.
(c) Clarification of Definition of Surviving Spouse.--
Subsection (d)(2) of such section is amended by striking
``the terms'' and all that follows through ``and (8)'' and
inserting ``such term in paragraph (9)''.
(d) Clarification of Effective Date of Benefits.--
Subsection (e) of such section is amended--
(1) in paragraph (1), by striking ``the month in which this
Act is enacted'' and inserting ``November 1997'';
(2) in paragraph (2), by striking ``the first month that
begins after the month in which this Act is enacted'' and
inserting ``December 1997''; and
(3) by adding at the end the following new paragraph:
``(3) In the case of a person entitled to an annuity under
this section who applies for the annuity after the date of
the enactment of this paragraph, such annuity shall be paid
only for months beginning after the date on which such
application is submitted.''.
(e) Specification in Law of Current Benefit Amount.--
Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``$165'' and inserting
``$185.58''; and
(2) in paragraph (3)--
(A) by striking ``the date of the enactment of this Act''
and inserting ``May 1, 2002,''; and
(B) by striking the last sentence.

Subtitle E--Reserve Component Montgomery GI Bill

SEC. 651. EXTENSION OF MONTGOMERY GI BILL-SELECTED RESERVE
ELIGIBILITY PERIOD.

Section 16133(a) of title 10, United States Code, is
amended by striking ``10-year'' and inserting ``14-year''.

Subtitle F--Other Matters

SEC. 661. ADDITION OF DEFINITION OF CONTINENTAL UNITED STATES
IN TITLE 37.

(a) Definition.--Section 101(1) of title 37, United States
Code, is amended by adding at the end the following new
sentence: ``The term `continental United States' means the 48
contiguous States and the District of Columbia.''.
(b) Conforming Amendments.--Title 37, United States Code,
is amended as follows:
(1) Section 314(a)(3) is amended by striking ``the 48
contiguous States and the District of Columbia'' and
inserting ``the continental United States''.
(2) Section 403b(i) is amended by striking paragraph (6).
(3) Section 409 is amended by striking subsection (e).
(4) Section 411b(a) is amended by striking ``the 48
contiguous States and the District of Columbia'' both places
it appears and inserting ``the continental United States''.
(5) Section 411d is amended by striking subsection (d).
(6) Section 430 is amended by striking subsection (f) and
inserting the following new subsection (f):
``(f) Definitions.--In this section:
``(1) The term `formal education' means the following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a full-time basis at
an institution of higher education.
``(D) Vocational education pursued on a full-time basis at
a postsecondary vocational institution.
``(2) The term `institution of higher education' has the
meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
``(3) The term `postsecondary vocational institution' has
the meaning given that term in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c)).''.

TITLE VII--HEALTH CARE MATTERS

Subtitle A--Health Care Program Improvements

SEC. 701. ELIMINATION OF REQUIREMENT FOR TRICARE
PREAUTHORIZATION OF INPATIENT MENTAL HEALTH
CARE FOR MEDICARE-ELIGIBLE BENEFICIARIES.

(a) Elimination of Requirement.--Section 1079(i) of title
10, United States Code, is amended in paragraph (3) by
inserting ``or in the case of a person eligible for health
care benefits under section 1086(d)(2) of this title for whom
payment for such services is made under subsection 1086(d)(3)
of this title'' after ``an emergency''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2004.

SEC. 702. EXPANSION OF TRICARE PRIME REMOTE FOR CERTAIN
DEPENDENTS.

(a) Expansion of Eligibility.--Section 1079(p) of title 10,
United States Code, is amended in paragraph (1)--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``referred to in subsection (a) of a member
of the uniformed services referred to in 1074(c)(3) of this
title who are residing with the member'' and inserting
``described in subparagraph (B)''; and
(3) by adding at the end the following new subparagraph:
``(B) A dependent referred to in subparagraph (A) is--
``(i) a dependent referred to in subsection (a) of a member
of the uniformed services referred to in section 1074(c)(3)
of this title, who is residing with the member; or
``(ii) a dependent referred to in subsection (a) of a
member of the uniformed services

[[Page H5566]]

with a permanent duty assignment for which the dependent is
not authorized to accompany the member and one of the
following circumstances exists:
``(I) The dependent continues to reside at the location of
the former duty assignment of the member (or residence in the
case of a member of a reserve component ordered to active
duty for a period of more than 30 days), and that location is
more than 50 miles, or approximately one hour of driving
time, from the nearest military medical treatment facility
that can adequately provide needed health care.
``(II) There is no reasonable expectation the member will
return to the location of the former duty assignment, and the
dependent moves to a location that is more than 50 miles, or
approximately one hour of driving time, from the nearest
military medical treatment facility that can adequately
provide needed health care.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect October 1, 2002.

SEC. 703. ENABLING DEPENDENTS OF CERTAIN MEMBERS WHO DIED
WHILE ON ACTIVE DUTY TO ENROLL IN THE TRICARE
DENTAL PROGRAM.

Section 1076a(k)(2) of title 10, United States Code, is
amended by inserting ``(or, if not enrolled, if the member
discontinued participation under subsection (f))'' after
``subsection (a)''.

SEC. 704. IMPROVEMENTS REGARDING THE DEPARTMENT OF DEFENSE
MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.

(a) Source of Funds for Monthly Accrual Payments into the
Fund.--Section 1116(c) of title 10, United States Code, is
amended to read as follows:
``(c) Amounts paid into the Fund under subsection (a) shall
be paid from funds available for the pay of members of the
participating uniformed services under the jurisdiction of
the respective administering Secretaries.''.
(b) Mandatory Participation of Other Uniformed Services.--
Section 1111(c) of such title is amended--
(1) in the first sentence, by striking ``may enter into an
agreement with any other administering Secretary'' and
inserting ``shall enter into an agreement with each other
administering Secretary''; and
(2) in the second sentence, by striking ``Any'' and
inserting ``Each''.

SEC. 705. CERTIFICATION OF INSTITUTIONAL AND NON-
INSTITUTIONAL PROVIDERS UNDER THE TRICARE
PROGRAM.

(a) In General.--Section 1079 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(q) For purposes of designating institutional and non-
institutional health care providers authorized to provide
care under this section, the Secretary of Defense shall
prescribe regulations (in consultation with the other
administering Secretaries) that will, to the extent
practicable and subject to the limitations of subsection (a),
so designate any provider authorized to provide care under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2003.

SEC. 706. TECHNICAL CORRECTION REGARDING TRANSITIONAL HEALTH
CARE.

Effective as of December 28, 2001, section 1145(a)(1) of
title 10, United States Code, is amended by inserting ``(and
the dependents of the member)'' after ``separated from active
duty as described in paragraph (2)''. The amendment made by
the preceding sentence shall be deemed to have been enacted
as part of section 736 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107).

Subtitle B--Reports

SEC. 711. COMPTROLLER GENERAL REPORT ON TRICARE CLAIMS
PROCESSING.

Not later than March 31, 2003, the Comptroller General
shall submit to Congress an evaluation of the continuing
impediments to a cost effective and provider- and
beneficiary-friendly system for claims processing under the
TRICARE program. The evaluation shall include a discussion of
the following:
(1) The extent of progress implementing improvements in
claims processing, particularly regarding the application of
best industry practices.
(2) The extent of progress in simplifying claims processing
procedures, including the elimination of, or reduction in,
the complexity of the Health Care Service Record
requirements.
(3) The suitability of a medicare-compatible claims
processing system with the data requirements necessary to
administer the TRICARE program and related information
systems.
(4) The extent to which the claims processing system for
the TRICARE program impedes provider participation and
beneficiary access.
(5) Recommendations for improving the claims processing
system that will reduce processing and administration costs,
create greater competition, and improve fraud-prevention
activities.

SEC. 712. COMPTROLLER GENERAL REPORT ON PROVISION OF CARE
UNDER THE TRICARE PROGRAM.

Not later than March 31, 2003, the Comptroller General
shall submit to Congress an evaluation of the nature of,
reasons for, extent of, and trends regarding network provider
instability under the TRICARE program, and the effectiveness
of efforts by the Department of Defense and managed care
support contractors to measure and mitigate such instability.
The evaluation shall include a discussion of the following:
(1) The adequacy of measurement tools of TRICARE network
instability and their use by the Department of Defense and
managed care support contractors to assess network adequacy
and stability.
(2) Recommendations for improvements needed in measurement
tools or their application.
(3) The relationship of reimbursement rates and
administration requirements (including preauthorization
requirements) to TRICARE network instability.
(4) The extent of problems under the TRICARE program and
likely future trends with and without intervention using
existing authority.
(5) Use of existing authority by the Department of Defense
and TRICARE managed care support contractors to apply higher
reimbursement rates in specific geographic areas.
(6) Recommendations for specific fiscally prudent measures
that could mitigate negative trends or improve provider and
network stability.

SEC. 713. REPEAL OF REPORT REQUIREMENT.

Notwithstanding subsection (f)(2) of section 712 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-179), the amendment made by subsection (e) of
such section shall not take effect and the paragraph amended
by such subsection is repealed.

Subtitle C--Department of Defense-Department of Veterans Affairs Health
Resources Sharing

SEC. 721. SHORT TITLE.

This subtitle may be cited as the ``Department of Defense-
Department of Veterans Affairs Health Resources Sharing and
Performance Improvement Act of 2002''.

SEC. 722. FINDINGS AND SENSE OF CONGRESS CONCERNING STATUS OF
HEALTH RESOURCES SHARING BETWEEN THE DEPARTMENT
OF VETERANS AFFAIRS AND THE DEPARTMENT OF
DEFENSE.

(a) Findings.--Congress makes the following findings:
(1) Federal health care resources are scarce and thus
should be effectively and efficiently used.
(2) In 1982, Congress, in Public Law 97-174, authorized the
sharing of health resources between Department of Defense
medical treatment facilities and Department of Veterans
Affairs health care facilities in order to allow more
effective and efficient use of those health resources.
(3) Health care beneficiaries of the Departments of Defense
and Veterans Affairs, whether active servicemembers,
veterans, retirees, or family members of active or retired
servicemembers, should have full access to the health care
and services that Congress has authorized for them.
(4) The Secretary of Defense and the Secretary of Veterans
Affairs, and the appropriate officials of each of the
Departments of Defense and Veterans Affairs with
responsibilities related to health care, have not taken full
advantage of the opportunities provided by law to make their
respective health resources available to health care
beneficiaries of the other Department in order to provide
improved health care for the whole number of beneficiaries.
(5) After the many years of support and encouragement from
Congress, the Departments have made little progress in health
resource sharing and the intended results of the sharing
authority have not been achieved.
(b) Sense of Congress.--Congress urges the Secretary of
Defense and the Secretary of Veterans Affairs--
(1) to commit their respective Departments to significantly
improve mutually beneficial sharing and coordination of
health care resources and services during peace and war;
(2) to build organizational cultures supportive of improved
sharing and coordination of health care resources and
services; and
(3) to establish and achieve measurable goals to facilitate
increased sharing and coordination of health care resources
and services.
(c) Purpose.--It is the purpose of this Act--
(1) to authorize a program to advance mutually beneficial
sharing and coordination of health care resources between the
two Departments consistent with the longstanding intent of
Congress; and
(2) to establish a basis for improved strategic planning by
the Department of Defense and Department of Veterans Affairs
health systems to ensure that scarce health care resources
are used more effectively and efficiently in order to enhance
access to high quality health care for their respective
beneficiaries.

SEC. 723. REVISED COORDINATION AND SHARING GUIDELINES.

(a) In General.--(1) Section 8111 of title 38, United
States Code, is amended to read as follows:

[[Page H5567]]

``Sec. 8111. Sharing of Department of Veterans Affairs and
Department of Defense health care resources

``(a) Required Coordination and Sharing of Health Care
Resources.--The Secretary of Veterans Affairs and the
Secretary of Defense shall enter into agreements and
contracts for the mutually beneficial coordination, use, or
exchange of use of the health care resources of the
Department of Veterans Affairs and the Department of Defense
with the goal of improving the access to, and quality and
cost effectiveness of, the health care provided by the
Veterans Health Administration and the Military Health System
to the beneficiaries of both Departments.
``(b) Joint Requirements for Secretaries of Veterans
Affairs and Defense.--To facilitate the mutually beneficial
coordination, use, or exchange of use of the health care
resources of the two Departments, the two Secretaries shall
carry out the following functions:
``(1) Develop and publish a joint strategic vision
statement and a joint strategic plan to shape, focus, and
prioritize the coordination and sharing efforts among
appropriate elements of the two Departments and incorporate
the goals and requirements of the joint sharing plan into the
strategic and performance plan of each Department under the
Government Performance and Results Act.
``(2) Jointly fund the interagency committee provided for
under subsection (c).
``(3) Continue to facilitate and improve sharing between
individual Department of Veterans Affairs and Department of
Defense health care facilities, but giving priority of effort
to initiatives (A) that improve sharing and coordination of
health resources at the intraregional and nationwide levels,
and (B) that improve the ability of both Departments to
provide coordinated health care.
``(4) Establish a joint incentive program under subsection
(d).
``(c) DOD-VA Health Executive Committee.--(1) There is
established an interagency committee to be known as the
Department of Veterans Affairs-Department of Defense Health
Executive Committee (hereinafter in this section referred to
as the `Committee'). The Committee is composed of--
``(A) the Deputy Secretary of the Department of Veterans
Affairs and such other officers and employees of the
Department of Veterans Affairs as the Secretary of Veterans
Affairs may designate; and
``(B) the Under Secretary of Defense for Personnel and
Readiness and such other officers and employees of the
Department of Defense as the Secretary of Defense may
designate.
``(2)(A) During odd-numbered fiscal years, the Deputy
Secretary of Veterans Affairs shall chair the Committee.
During even-numbered fiscal years, the Under Secretary of
Defense shall chair the Committee.
``(B) The Deputy Secretary and the Under Secretary shall
determine the size and structure of the Committee, as well as
the administrative and procedural guidelines for the
operation of the Committee. The two Departments shall share
equally the Committee's cost of personnel and administrative
support and services. Support for such purposes shall be
provided at a level sufficient for the efficient operation of
the Committee, including a permanent staff and, as required,
other temporary working groups of appropriate departmental
staff and outside experts.
``(3) The Committee shall recommend to the Secretaries
strategic direction for the joint coordination and sharing
efforts between and within the two Departments under this
section and shall oversee implementation of those efforts.
``(4) The Committee shall submit to the two Secretaries and
to Congress an annual report containing such recommendations
as the Committee considers appropriate. The two Secretaries
shall implement the Committee's recommendations unless, with
respect to any such recommendation, either Secretary formally
determines that the recommendation should not be implemented
or should be implemented in a modified form. Upon making such
a determination, the Secretary making the determination shall
submit to Congress notice of the Secretary's determination
and the Secretary's rationale for the determination.
``(5) In order to enable the Committee to make
recommendations in its annual report under paragraph (4), the
Committee shall do the following:
``(A) Review existing policies, procedures, and practices
relating to the coordination and sharing of health care
resources between the two Departments.
``(B) Identify changes in policies, procedures, and
practices that, in the judgment of the Committee, would
promote mutually beneficial coordination, use, or exchange of
use of the health care resources of the two Departments, with
the goal of improving the access to, and quality and cost
effectiveness of, the health care provided by the Veterans
Health Administration and the Military Health System to the
beneficiaries of both Departments.
``(C) Identify and assess further opportunities for the
coordination and sharing of health care resources between the
Departments that, in the judgment of the Committee, would not
adversely affect the range of services, the quality of care,
or the established priorities for care provided by either
Department.
``(D) Review the plans of both Departments for the
acquisition of additional health care resources, especially
new facilities and major equipment and technology, in order
to assess the potential effect of such plans on further
opportunities for the coordination and sharing of health care
resources.
``(E) Review the implementation of activities designed to
promote the coordination and sharing of health care resources
between the Departments. To assist in this effort, the
Committee chairman, under procedures jointly developed by the
Secretaries of both Departments, may task the Inspectors
General of either or both Departments.
``(d) Joint Incentives Program.--(1) Pursuant to subsection
(b)(4), the two Secretaries shall carry out a program to
identify, provide incentives to, implement, fund, and
evaluate creative coordination and sharing initiatives at the
facility, intraregional and nationwide levels. The program
shall be administered by the Committee established in
subsection (c), under procedures jointly prescribed by the
two Secretaries.
``(2) To facilitate the incentive program, there is
established in the Treasury, effective on October 1, 2003, a
DOD-VA Health Care Sharing Incentive Fund. Each Secretary
shall annually contribute to the fund a minimum of
$15,000,000 from the funds appropriated to that Secretary's
Department. Such funds shall remain available until expended.
``(3)(A) The implementation and effectiveness of the
program under this subsection shall be reviewed annually by
the joint Department of Defense-Department of Veterans
Affairs Inspector General review team established in section
724(i) of the Department of Defense-Department of Veterans
Affairs Health Resources Sharing and Performance Improvement
Act of 2002. On completion of the annual review, the review
team shall submit a report to the two Secretaries on the
results of the review. Such report shall be submitted through
the Committee to the Secretaries not later than December 31
of each calendar year. The Secretaries shall forward each
report, without change, to the Committees on Armed Services
and Veterans' Affairs of the Senate and House of
Representatives not later than February 28 of the following
year.
``(B) Each such report shall describe activities carried
out under the program under this subsection during the
preceding fiscal year. Each report shall include at least the
following:
``(i) An analysis of the initiatives funded by the
Committee, and the funds so expended by such initiatives,
from the Health Care Sharing Incentive Fund, including the
purposes and effects of those initiatives on improving access
to care by beneficiaries, improvements in the quality of care
received by those beneficiaries, and efficiencies gained in
delivering services to those beneficiaries.
``(ii) Other matters of interest, including recommendations
from the review team to make legislative improvements to the
program.
``(4) The program under this subsection shall terminate on
September 30, 2007.
``(e) Guidelines and Policies for Implementation of
Coordination and Sharing Recommendations, Contracts, and
Agreements.--(1) To implement the recommendations made by the
Committee under subsection (c)(2), as well as to carry out
other health care contracts and agreements for coordination
and sharing initiatives as they consider appropriate, the two
Secretaries shall jointly issue guidelines and policy
directives. Such guidelines and policies shall provide for
coordination and sharing that--
``(A) is consistent with the health care responsibilities
of the Department of Veterans Affairs under this title and
with the health care responsibilities of the Department of
Defense under chapter 55 of title 10;
``(B) will not adversely affect the range of services, the
quality of care, or the established priorities for care
provided by either Department; and
``(C) will not reduce capacities in certain specialized
programs of the Department of Veterans Affairs that the
Secretary is required to maintain in accordance with section
1706(b) of this title.
``(2) To facilitate the sharing and coordination of health
care services between the two Departments, the two
Secretaries shall jointly develop and implement guidelines
for a standardized, uniform payment and reimbursement
schedule for those services. Such schedule shall be
implemented no later than the beginning of fiscal year 2004
and shall be revised periodically as necessary.
``(3)(A) The guidelines established under paragraph (1)
shall authorize the heads of individual Department of Defense
and Department of Veterans Affairs medical facilities and
service regions to enter into health care resources
coordination and sharing agreements.
``(B) Under any such agreement, an individual who is a
primary beneficiary of one Department may be provided health
care, as provided in the agreement, at a facility or in the
service region of the other Department that is a party to the
sharing agreement.
``(C) Each such agreement shall identify the health care
resources to be shared.
``(D) Each such agreement shall provide, and shall specify
procedures designed to ensure, that the availability of
direct health care to individuals who are not primary
beneficiaries of the providing Department is (i) on a
referral basis from the facility or service region of the
other Department, and (ii) does not (as determined by the
head of the providing facility or region) adversely affect
the range of services, the quality of

[[Page H5568]]

care, or the established priorities for care provided to the
primary beneficiaries of the providing Department.
``(E) Each such agreement shall provide that a providing
Department or service region shall be reimbursed for the cost
of the health care resources provided under the agreement and
that the rate of such reimbursement shall be as determined in
accordance with paragraph (2).
``(F) Each proposal for an agreement under this paragraph
shall be effective (i) on the 46th day after the receipt of
such proposal by the Committee, unless earlier disapproved,
or (ii) if earlier approved by the Committee, on the date of
such approval.
``(G) Any funds received through such a uniform payment and
reimbursement schedule shall be credited to funds that have
been allotted to the facility of either Department that
provided the care or services, or is due the funds from, any
such agreement.
``(f) Annual Joint Report.--(1) At the time the President's
budget is transmitted to Congress in any year pursuant to
section 1105 of title 31, the two Secretaries shall submit to
Congress a joint report on health care coordination and
sharing activities under this section during the fiscal year
that ended during the previous calendar year.
``(2) Each report under this section shall include the
following:
``(A) The guidelines prescribed under subsection (e) of
this section (and any revision of such guidelines).
``(B) The assessment of further opportunities identified
under subparagraph (C) of subsection (c)(5) for the sharing
of health-care resources between the two Departments.
``(C) Any recommendation made under subsection (c)(4) of
this section during such fiscal year.
``(D) A review of the sharing agreements entered into under
subsection (e) of this section and a summary of activities
under such agreements during such fiscal year and a
description of the results of such agreements in improving
access to, and the quality and cost effectiveness of, the
health care provided by the Veterans Health Administration
and the Military Health System to the beneficiaries of both
Departments.
``(E) A summary of other planning and activities involving
either Department in connection with promoting the
coordination and sharing of Federal health-care resources
during the preceding fiscal year.
``(F) Such recommendations for legislation as the two
Secretaries consider appropriate to facilitate the sharing of
health-care resources between the two Departments.
``(3) In addition to the matters specified in paragraph
(2), the two Secretaries shall include in the annual report
under this subsection an overall status report of the
progress of health resources sharing between the two
Departments as a consequence of the Department of Defense-
Department of Veterans Affairs Health Resources Sharing and
Performance Improvement Act of 2002 and of other sharing
initiatives taken during the period covered by the report.
Such status report shall indicate the status of such sharing
and shall include appropriate data as well as analyses of
that data. The annual report shall include the following:
``(A) Enumerations and explanations of major policy
decisions reached by the two Secretaries during the period
covered by the report period with respect to sharing between
the two Departments.
``(B) A description of any purposes of Department of
Defense-Department of Veterans Affairs Health Resources
Sharing and Performance Improvement Act of 2002 that
presented barriers that could not be overcome by the two
Secretaries and their status at the time of the report.
``(C) A description of progress made in new ventures or
particular areas of sharing and coordination that would be of
policy interest to Congress consistent with the intent of
such Act.
``(D) A description of enhancements of access to care of
beneficiaries of both Departments that came about as a result
of new sharing approaches brought about by such Act.
``(E) A description of proposals for which funds are
provided through the joint incentives program under
subsection (d), together with a description of their results
or status at the time of the report, including access
improvements, savings, and quality-of-care enhancements they
brought about, and a description of any additional use of
funds made available under subsection (d).
``(g) Definitions.--For the purposes of this section:
``(1) The term `beneficiary' means a person who is a
primary beneficiary of the Department of Veterans Affairs or
of the Department of Defense.
``(2) The term `direct health care' means health care
provided to a beneficiary in a medical facility operated by
the Department or the Department of Defense.
``(3) The term `head of a medical facility' (A) with
respect to a medical facility of the Department, means the
director of the facility, and (B) with respect to a medical
facility of the Department of Defense, means the medical or
dental officer in charge or the contract surgeon in charge.
``(4) The term `health-care resource' includes hospital
care, medical services, and rehabilitative services, as those
terms are defined in paragraphs (5), (6), and (8),
respectively, of section 1701 of this title, services under
sections 1782 and 1783 of this title, any other health-care
service, and any health-care support or administrative
resource.
``(5) The term `primary beneficiary' (A) with respect to
the Department means a person who is eligible under this
title (other than under section 1782, 1783, or 1784 or
subsection (d) of this section) or any other provision of law
for care or services in Department medical facilities, and
(B) with respect to the Department of Defense, means a member
or former member of the Armed Forces who is eligible for care
under section 1074 of title 10.
``(6) The term `providing Department' means the Department
of Veterans Affairs, in the case of care or services
furnished by a facility of the Department of Veterans
Affairs, and the Department of Defense, in the case of care
or services furnished by a facility of the Department of
Defense.
``(7) The term `service region' means a geographic service
area of the Veterans Health Administration, in the case of
the Department of Veterans Affairs, and a service region, in
the case of the Department of Defense.''.
(2) The item relating to that section in the table of
sections at the beginning of chapter 81 of title 38, United
States Code, is amended to read as follows:

``8111. Sharing of Department of Veterans Affairs and Department of
Defense health care resources.''.

(b) Conforming Amendment.--Section 1104 of title 10, United
States Code, is amended by striking ``may'' and inserting
``shall''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2003.

SEC. 724. HEALTH CARE RESOURCES SHARING AND COORDINATION
PROJECT.

(a) Establishment.--(1) The Secretary of Veterans Affairs
and the Secretary of Defense shall conduct a health care
resources sharing project to serve as a test for evaluating
the feasibility, and the advantages and disadvantages, of
measures and programs designed to improve the sharing and
coordination of health care and health care resources between
the Department of Veterans Affairs and the Department of
Defense. The project shall be carried out, as a minimum, at
the sites identified under subsection (b).
(2) Reimbursement between the two Departments with respect
to the project under this section shall be made in accordance
with the provisions of section 8111(e)(2) of title 38, United
States Code, as amended by section 723(a).
(b) Site Identification.--(1) Not later than 90 days after
the date of the enactment of this Act, the Secretaries shall
jointly identify no less than five sites for the conduct of
the project under this section.
(2) For purposes of this section, a site at which the
resource sharing project shall be carried out is an area in
the United States in which--
(A) one or more military treatment facilities and one or
more VA health care facilities are situated in relative
proximity to each other, including facilities engaged in
joint ventures as of the date of the enactment of this Act;
and
(B) for which an agreement to coordinate care and programs
for patients at those facilities could be implemented not
later than October 1, 2004.
(c) Conduct of Project.--(1) At sites at which the project
is conducted, the Secretaries shall provide a test of a
coordinated management system for the military treatment
facilities and VA health care facilities participating in the
project. Such a coordinated management system for a site
shall include at least one of the elements specified in
paragraph (2), and each of the elements specified in that
paragraph must be included in the coordinated management
system for at least two of the participating sites.
(2) Elements of a coordinated management system referred to
in paragraph (1) are the following:
(A) A budget and financial management system for those
facilities that--
(i) provides managers with information about the costs of
providing health care by both Departments at the site;
(ii) allows managers to assess the advantages and
disadvantages (in terms of relative costs, benefits, and
opportunities) of using resources of either Department to
provide or enhance health care to beneficiaries of either
Department.
(B) A coordinated staffing and assignment system for the
personnel (including contract personnel) employed at or
assigned to those facilities, including clinical
practitioners of either Department.
(C) Medical information and information technology systems
for those facilities that--
(i) are compatible with the purposes of the project;
(ii) communicate with medical information and information
technology systems of corresponding elements of those
facilities; and
(iii) incorporate minimum standards of information quality
that are at least equivalent to those adopted for the
Departments at large in their separate health care systems.
(d) Pharmacy Benefit.--(1) One of the elements that shall
be tested in at least two sites in accordance with subsection
(c) is a pharmacy benefit under which beneficiaries of either
Department shall have access, as part of the project, to
pharmaceutical services of the other Department participating
in the project.

[[Page H5569]]

(2) The two Secretaries shall enter into a memorandum of
agreement to govern the establishment and provision not later
than October 1, 2004, of pharmaceutical services authorized
by this section. In the case of beneficiaries of the
Department of Defense, the authority under the preceding
sentence for such access to pharmaceutical services at a VA
health care facility includes authority for medications to be
dispensed based upon a prescription written by a licensed
health care practitioner who, as determined by the Secretary
of Defense, is a certified practitioner.
(e) Authority To Waive Certain Administrative Policies.--
(1)(A) In order to carry out subsections (c) and (d), the
Secretary of Defense may, in the Secretary's discretion,
waive any administrative policy of the Department of Defense
otherwise applicable to those subsections (including policies
applicable to pharmaceutical benefits) that specifically
conflicts with the purposes of the project, in instances in
which the Secretary determines that the waiver is necessary
for the purposes of the project.
(B) In order to carry out subsections (c) and (d), the
Secretary of Veterans Affairs may, in the Secretary's
discretion, waive any administrative policy of the Department
of Veterans Affairs otherwise applicable to those subsections
(including policies applicable to pharmaceutical benefits)
that specifically conflicts with the purposes of the project,
in instances in which the Secretary determines that the
waiver is necessary for the purposes of the project.
(C) The two Secretaries shall establish procedures for
resolving disputes that may arise from the effects of policy
changes that are not covered by other agreement or existing
procedures.
(2) No waiver under paragraph (1) may alter any labor-
management agreement in effect as of the date of the
enactment of this Act or adopted by either Department during
the period of the project.
(f) Use by DOD of Certain Title 38 Personnel Authorities.--
(1) In order to carry out subsections (c) and (d), the
Secretary of Defense may apply to civilian personnel of the
Department of Defense assigned to or employed at a military
treatment facility participating in the project any of the
provisions of subchapters I, III, and IV of chapter 74 of
title 38, United States Code, determined appropriate by the
Secretary.
(2) For such purposes, any reference in such chapter--
(A) to the ``Secretary'' or the ``Under Secretary for
Health'' shall be treated as referring to the Secretary of
Defense; and
(B) to the ``Veterans Health Administration'' shall be
treated as referring to the Department of Defense.
(g) Funding.--From amounts available for health care for a
fiscal year, each Secretary shall make available to carry out
the project not less than--
(1) $5,000,000 for fiscal year 2003;
(2) $10,000,000 for fiscal year 2004; and
(3) $15,000,000 for each succeeding year during which the
project is in effect.
(h) Definitions.--For purposes of this section:
(1) The term ``military treatment facility'' means a
medical facility under the jurisdiction of the Secretary of a
military department.
(2) The term ``VA health care facility'' means a facility
under the jurisdiction of the Veterans Health Administration
of the Department of Veterans Affairs.
(i) Performance Requirements.--(1) The two Secretaries
shall provide for a joint review team to conduct an annual
on-site review at each of the project locations selected by
the Secretaries under this section. The review team shall be
comprised of employees of the Offices of the Inspectors
General of the two Departments. Leadership of the joint
review team shall rotate each fiscal year between an employee
of the Office of the Inspector General of the Department of
Veterans Affairs, during even-numbered fiscal years, and an
employee of the Office of Inspector General of the Department
of Defense, during odd-numbered fiscal years.
(2) On completion of their annual joint review under
paragraph (1), the review team shall submit a report to the
two Secretaries on the results of the review. The Secretaries
shall forward the report, without change, to the Committees
on Armed Services and Veterans' Affairs of the Senate and
House of Representatives.
(3) Each such report shall include the following:
(A) The strategic mission coordination between shared
activities.
(B) The accuracy and validity of performance data used to
evaluate sharing performance and changes in standards of care
or services at the shared facilities.
(C) A statement that all appropriated funds designated for
sharing activities are being used for direct support of
sharing initiatives.
(D) Recommendations concerning continuance of the project
at each site for the succeeding 12-month period.
(4) Whenever there is a recommendation under paragraph
(3)(D) to discontinue a resource sharing project under this
section, the two Secretaries shall act upon that
recommendation as soon as practicable.
(5) In the initial report under this subsection, the joint
review team shall validate the baseline information used for
comparative analysis.
(j) Termination.--(1) The project, and the authority
provided by this section, shall terminate on September 30,
2007.
(2) The Secretaries may terminate the performance of the
project at any site when the performance of the project at
that site fails to meet performance expectations of the
Secretaries, based on recommendations from the review team
under subsection (i) or on other information available to the
Secretaries to warrant such action.

SEC. 725. REPORT ON IMPROVED COORDINATION AND SHARING OF
HEALTH CARE AND HEALTH CARE RESOURCES FOLLOWING
DOMESTIC ACTS OF TERRORISM OR DOMESTIC USE OF
WEAPONS OF MASS DESTRUCTION.

(a) Joint Review.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly review the
adequacy of current processes and existing statutory
authorities and policy governing the capability of the
Department of Defense and the Department of Veterans Affairs
to provide health care to members of the Armed Forces
following domestic acts of terrorism or domestic use of
weapons of mass destruction, both before and after any
declaration of national emergency. Such review shall include
a determination of the adequacy of current authorities in
providing for the coordination and sharing of health care
resources between the two Departments in such cases,
particularly before the declaration of a national emergency.
(b) Report to Congress.--A report on the review under
subsection (a), including any recommended legislative
changes, shall be submitted to Congress as part of the fiscal
year 2004 budget submission.

SEC. 726. ADOPTION BY DEPARTMENT OF VETERANS AFFAIRS OF
DEPARTMENT OF DEFENSE PHARMACY DATA TRANSACTION
SYSTEM.

(a) Adoption of PDTS System.--The Secretary of Veterans
Affairs shall adopt for use by the Department of Veterans
Affairs health care system the system of the Department of
Defense known as the ``Pharmacy Data Transaction System''.
Such system shall be fully operational for the Department of
Veterans Affairs not later than October 1, 2004.
(b) Implementation Funding.--The Secretary of Defense shall
transfer to the Secretary of Veterans Affairs, or shall
otherwise bear the cost of, an amount sufficient to cover
three-fourths of the cost to the Department of Veterans
Affairs for initial computer programming activities and
relevant staff training expenses related to implementation of
subsection (a). Such amount shall be determined in such
manner as agreed to by the two Secretaries.
(c) Reimbursement Procedures.--Any reimbursement by the
Department of Veterans Affairs to the Department of Defense
for the use by the Department of Veterans Affairs of the
transaction system under subsection (a) shall be determined
in accordance with section 8111(e)(2) of title 38, United
States Code, as amended by section 723.

SEC. 727. JOINT PILOT PROGRAM FOR PROVIDING GRADUATE MEDICAL
EDUCATION AND TRAINING FOR PHYSICIANS.

(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly carry out a pilot program
under which graduate medical education and training is
provided to military physicians and physician employees of
the Department of Defense and the Department of Veterans
Affairs through one or more programs carried out in military
medical treatment facilities of the Department of Defense and
medical centers of the Department of Veterans Affairs. The
pilot program shall begin not later than January 1, 2003.
(b) Cost-Sharing Agreement.--The Secretaries shall enter
into an agreement for carrying out the pilot program. The
agreement shall establish means for each Secretary to assist
in paying the costs, with respect to individuals under the
jurisdiction of that Secretary, incurred by the other
Secretary in providing medical education and training under
the pilot program.
(c) Use of Existing Authorities.--To carry out the pilot
program, the Secretary of Defense and the Secretary of
Veterans Affairs may use authorities provided to them under
this Act, section 8111 of title 38, United States Code, and
other laws relating to the furnishing or support of medical
education and the cooperative use of facilities.
(d) Termination of Program.--The pilot program under this
section shall terminate on July 31, 2008.
(e) Repeal of Superseded Provision.--Section 738 of the
National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 10 U.S.C. 1094 note; 115 Stat.1173) is
repealed.

SEC. 728. REPEAL OF CERTAIN LIMITS ON DEPARTMENT OF VETERANS
AFFAIRS RESOURCES.

(a) Repeal of VA Bed Limits.--Section 8110(a)(1) of title
38, United States Code, is amended--
(1) in the first sentence, by striking ``at not more than
125,000 and not less than 100,000'';
(2) in the third sentence, by striking ``shall operate and
maintain a total of not less than 90,000 hospital beds and
nursing home beds and''; and
(3) in the fourth sentence, by striking ``to enable the
Department to operate and maintain a total of not less than
90,000 hospital and nursing home beds in accordance with this
paragraph and''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2003.

[[Page H5570]]

SEC. 729. REPORTS.

(a) Interim Report.--Not later than February 1, 2004, the
Secretary of Defense and Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs and the
Committees on Armed Services of the Senate and House of
Representatives a joint report on their conduct of each of
the programs under this Act through the end of the preceding
fiscal year. The Secretaries shall include in the report a
description of the measures taken, or planned to be taken, to
implement the health resources sharing project under section
724 and the other provisions of this Act and any cost savings
anticipated, or cost sharing achieved, at facilities
participating in the project. The report shall also include
information on improvements in access to care, quality, and
timeliness, as well as impediments encountered and
legislative recommendations to ameliorate such impediments.
(b) Annual Report on Use of Waiver Authority.--Not later
than one year after the date of the enactment of this Act,
and annually thereafter through completion of the project
under section 724, the two Secretaries shall submit to the
committees of Congress specified in subsection (a) a joint
report on the use of the waiver authority provided by section
724(e)(1). The report shall include a statement of the
numbers and types of requests for waivers under that section
of administrative policies that have been made during the
period covered by the report and, for each such request, an
explanation of the content of each request, the intended
purpose or result of the requested waiver, and the
disposition of each request. The report also shall include
descriptions of any new administrative policies that enhance
the success of the project.
(c) Pharmacy Benefits Report.--Not later than one year
after pharmaceutical services are first provided pursuant to
section 724(d)(1), the two Secretaries shall submit to the
committees of Congress specified in subsection (a) a joint
report on access by beneficiaries of each department to
pharmaceutical services of the other department. The report
shall describe the advantages and disadvantages to the
beneficiaries and the Departments of providing such access
and any other matters related to such pharmaceutical services
that the Secretaries consider pertinent, together with any
legislative recommendations for expanding or canceling such
services.
(d) Annual Report on Pilot Program for Graduate Medical
Education.--Not later than January 31, 2004, and January 31
of each year thereafter through 2009, the two Secretaries
shall submit to Congress a joint report on the pilot program
under section 727. The report for any year shall cover
activities under the program during the preceding year and
shall include each Secretary's assessment of the efficacy of
providing education and training under that program.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

SEC. 801. PLAN FOR ACQUISITION MANAGEMENT PROFESSIONAL
EXCHANGE PILOT PROGRAM.

(a) Plan Required.--(1) The Secretary of Defense shall
develop a plan for a pilot program under which--
(A) an individual in the field of acquisition management
employed by the Department of Defense may be temporarily
assigned to work in a private sector organization; and
(B) an individual in such field employed by a private
sector organization may be temporarily assigned to work in
the Department of Defense.
(2) In developing the plan under paragraph (1), the
Secretary shall address the following:
(A) The benefits of undertaking such a program.
(B) The appropriate length of assignments under the
program.
(C) Whether an individual assigned under the program should
be compensated by the organization to which the individual is
assigned, or the organization from which the individual is
assigned.
(D) The ethics guidelines that should be applied to the
program and, if necessary, waivers of ethics laws that would
be needed in order to make the program effective and
attractive to both Government and private sector employees.
(E) An assessment of how compensation of individuals
suffering employment-related injuries under the program
should be addressed.
(b) Submission to Congress.--Not later than February 1,
2003, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives the
plan required under subsection (a).

SEC. 802. EVALUATION OF TRAINING, KNOWLEDGE, AND RESOURCES
REGARDING NEGOTIATION OF INTELLECTUAL PROPERTY
ARRANGEMENTS.

(a) Availability of Training, Knowledge, and Resources.--
The Secretary of Defense shall evaluate the training,
knowledge, and resources needed by the Department of Defense
in order to effectively negotiate intellectual property
rights using the principles of the Defense Federal
Acquisition Regulation Supplement and determine whether the
Department of Defense currently has in place the training,
knowledge, and resources available to meet those Departmental
needs.
(b) Report.--Not later than February 1, 2003, the Secretary
of Defense shall submit to Congress a report describing--
(1) the results of the evaluation performed under
subsection (a);
(2) to the extent the Department does not have adequate
training, knowledge, and resources available, actions to be
taken to improve training and knowledge and to make resources
available to meet the Department's needs; and
(3) the number of Department of Defense legal personnel
trained in negotiating intellectual property arrangements.

SEC. 803. LIMITATION PERIOD FOR TASK AND DELIVERY ORDER
CONTRACTS.

Chapter 137 of title 10, United States Code, is amended--
(1) in section 2304a--
(A) in subsection (e)--
(i) by inserting ``(1)'' before ``A task''; and
(ii) by adding at the end the following new paragraphs:
``(2) Unless use of procedures other than competitive
procedures is authorized by an exception in subsection (c) of
section 2304 of this title and approved in accordance with
subsection (f) of such section, competitive procedures shall
be used for making such a modification.
``(3) Notice regarding the modification shall be provided
in accordance with section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of
the Small Business Act (15 U.S.C. 637(e)).''; and
(B) by striking subsection (f) and inserting the following:
``(f) Limitation on Contract Period.--The base period of a
task order contract or delivery order contract entered into
under this section may not exceed five years unless a longer
period is specifically authorized in a law that is applicable
to such contract. The contract may be extended for an
additional 5 years (for a total contract period of not more
than 10 years) through modifications, options, or
otherwise.''; and
(2) in section 2304b--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--A task order contract (as defined in
section 2304d of this title) for procurement of advisory and
assistance services shall be subject to the requirements of
this section, sections 2304a and 2304c of this title, and
other applicable provisions of law.'';
(B) by striking subsections (b), (f), and (g) and
redesignating subsections (c), (d), (e), (h), and (i) as
subsections (b) through (f);
(C) by amending subsection (c) (as redesignated by
subparagraph (B)) to read as follows:
``(c) Required Content of Contract.--A task order contract
described in subsection (a) shall contain the same
information that is required by section 2304a(b) to be
included in the solicitation of offers for that contract.'';
and
(D) in subsection (d) (as redesignated by subparagraph
(B))--
(i) in paragraph (1), by striking ``under this section''
and inserting ``described in subsection (a)''; and
(ii) in paragraph (2), by striking ``under this section''.

SEC. 804. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED
PROCEDURES TO CERTAIN COMMERCIAL ITEMS; REPORT.

(a) Extension of Pilot Program.--Section 4202 of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law
104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in
subsection (e) by striking ``January 1, 2003'' and inserting
``January 1, 2004''.
(b) Report Required.--Not later than January 15, 2003, the
Secretary of Defense shall submit to Congress a report on
whether the authority to issue solicitations for purchases of
commercial items in excess of the simplified acquisition
threshold pursuant to the special simplified procedures
authorized by section 2304(g)(1) of title 10, United States
Code, section 303(g)(1) of the Federal Property and
Administrative Services Act of 1949, and section 31(a) of the
Office of Federal Procurement Policy Act, should be made
permanent.

SEC. 805. AUTHORITY TO MAKE INFLATION ADJUSTMENTS TO
SIMPLIFIED ACQUISITION THRESHOLD.

Section 4(11) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(11)) is amended by inserting ``, except
that such amount may be adjusted by the Administrator every
five years to the amount equal to $100,000 in constant fiscal
year 2002 dollars (rounded to the nearest $10,000)'' before
the period at the end.

SEC. 806. IMPROVEMENT OF PERSONNEL MANAGEMENT POLICIES AND
PROCEDURES APPLICABLE TO THE CIVILIAN
ACQUISITION WORKFORCE.

(a) Plan Required.--The Secretary of Defense shall develop
a plan for improving the personnel management policies and
procedures applicable to the Department of Defense civilian
acquisition workforce based on the results of the
demonstration project described in section 4308 of the
Clinger-Cohen Act of 1996 (division D of Public Law 104-106;
10 U.S.C. 1701 note).
(b) Submission to Congress.--Not later than February 15,
2003, the Secretary shall submit to Congress the plan
required under subsection (a) and a report including any
recommendations for legislative action necessary to implement
the plan.

SEC. 807. MODIFICATION OF SCOPE OF BALL AND ROLLER BEARINGS
COVERED FOR PURPOSES OF PROCUREMENT LIMITATION.

Section 2534(a)(5) of title 10, United States Code is
amended--
(1) by striking ``225.71'' and inserting ``225.70'';

[[Page H5571]]

(2) by striking ``October 23, 1992'' and inserting ``April
27, 2002''; and
(3) by adding at the end the following: ``In this section
the term `ball bearings and roller bearings' includes
unconventional or hybrid ball and roller bearings and cam
follower bearings, ball screws, and other derivatives of ball
and roller bearings.''.

SEC. 808. RAPID ACQUISITION AND DEPLOYMENT PROCEDURES.

(a) Requirement To Establish Procedures.--Chapter 141 of
title 10, United States Code, is amended by inserting after
section 2396 the following new section:

``Sec. 2397. Rapid acquisition and deployment procedures

``(a) Establishment.--The Secretary of Defense shall
establish tailored rapid acquisition and deployment
procedures for items urgently needed to react to an enemy
threat or to respond to significant and urgent safety
situations.
``(b) Procedures.--The procedures established under
subsection (a) shall include the following:
``(1) A process for streamlined communications between the
Chairman of the Joint Chiefs of Staff, the acquisition
community, and the testing community.
``(2) A process for expedited technical, programmatic, and
financial decisions.
``(3) An expedited procurement and contracting process.
``(c) Specific Steps To Be Included.--The procedures
established under subsection (a) shall provide for the
following:
``(1) The commander of a unified combatant command may
notify the Chairman of the Joint Chiefs of Staff of the need
for an item described in subsection (a) that is currently
under development.
``(2) The Chairman may request the Secretary of Defense to
use rapid acquisition and deployment procedures with respect
to the item.
``(3) The Secretary of Defense shall decide whether to use
such procedures with respect to the item and shall notify the
Secretary of the appropriate military department of the
decision.
``(4) If the Secretary of Defense decides to use such
procedures with respect to the item, the Secretary of the
military department shall prepare a funding strategy for the
rapid acquisition of the item and shall conduct a
demonstration of the performance of the item.
``(5) The Director of Operational Test and Evaluation shall
immediately evaluate the existing capability of the item (but
under such evaluation shall not assess the capability of the
item as regards to the function the item was originally
intended to perform).
``(6) The Chairman of the Joint Chiefs of Staff shall
review the evaluation of the Director of Operational Test and
Evaluation and report to the Secretary of Defense regarding
whether the capabilities of the tested item are able to meet
the urgent need for the item.
``(7) The Secretary of Defense shall evaluate the
information regarding funding and rapid acquisition prepared
pursuant to paragraph (4) and approve or disapprove of the
acquisition of the item using the procedures established
pursuant to subsection (a).
``(d) Limitation.--The quantity of items of a system
procured using the procedures established under this section
may not exceed the number established for low-rate initial
production for the system, and any such items shall be
counted for purposes of the number of items of the system
that may be procured through low-rate initial production.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2396 the following new item:

``2397. Rapid acquisition and deployment procedures.''.

SEC. 809. QUICK-REACTION SPECIAL PROJECTS ACQUISITION TEAM.

(a) Establishment.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2402 the
following new section:

``Sec. 2403. Quick-reaction special projects acquisition team

``The Secretary of Defense shall establish a quick-reaction
special projects acquisition team, the purpose of which shall
be to advise the Secretary on actions that can be taken to
expedite the procurement of urgently needed systems. The team
shall address problems with the intention of creating
expeditious solutions relating to--
``(1) industrial-base issues such as the limited
availability of suppliers;
``(2) compliance with acquisition regulations and lengthy
procedures;
``(3) compliance with environmental requirements;
``(4) compliance with requirements regarding small-business
concerns; and
``(5) compliance with requirements regarding the purchase
of products made in 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 2402 the following new item:

``2403. Quick-reaction special projects acquisition team.''.

SEC. 810. REPORT ON DEVELOPMENT OF ANTI-CYBERTERRORISM
TECHNOLOGY.

Not later than February 1, 2003, the Secretary of Defense
shall submit to Congress a report on--
(1) efforts by the Department of Defense to enter into
contracts with private entities to develop anticyberterrorism
technology; and
(2) whether such efforts should be increased.

SEC. 811. CONTRACTING WITH FEDERAL PRISON INDUSTRIES.

(a) Assuring Best Value for National Defense and Homeland
Security.--(1) The Department of Defense or one of the
military departments may acquire a product or service from
Federal Prison Industries, Inc. only if such acquisition is
made through a procurement contract awarded and administered
in accordance with chapter 137 of title 10, United States
Code, the Federal Acquisition Regulation, and the Department
of Defense supplements to such regulation. If a contract is
to be awarded to Federal Prison Industries, Inc. by the
Department of Defense through other than competitive
procedures, authority for such award shall be based upon
statutory authority other than chapter 307 of title 18,
United States Code.
(2) The Secretary of Defense shall assure that--
(A) no purchase of a product or a service is made by the
Department of Defense from Federal Prison Industries, Inc.
unless the contracting officer determines that--
(i) the product or service can be timely furnished and will
meet the performance needs of the activity that requires the
product or service; and
(ii) the price to be paid does not exceed a fair market
price determined by competition or a fair and reasonable
price determined by price analysis or cost analysis; and
(B) Federal Prison Industries, Inc. performs its
contractual obligations to the same extent as any other
contractor for the Department of Defense.
(b) Performance as a Subcontractor.--(1) The use of Federal
Prison Industries, Inc. as a subcontractor or supplier shall
be a wholly voluntary business decision by a Department of
Defense prime contractor or subcontractor, subject to any
prior approval of subcontractors or suppliers by the
contracting officer which may be imposed by regulation or by
the contract.
(2) A defense contractor (or subcontractor at any tier)
using Federal Prison Industries, Inc. as a subcontractor or
supplier in furnishing a commercial product pursuant to a
contract shall implement appropriate management procedures to
prevent introducing an inmate-produced product or inmate-
furnished services into the commercial market.
(3) Except as authorized under the Federal Acquisition
Regulation, the use of Federal Prison Industries, Inc. as a
subcontractor or supplier of products or provider of services
shall not be imposed upon prospective or actual defense prime
contractors or subcontractors at any tier by means of--
(A) a contract solicitation provision requiring a
contractor to offer to make use of Federal Prison Industries,
Inc. its products or services;
(B) specifications requiring the contractor to use specific
products or services (or classes of products or services)
offered by Federal Prison Industries, Inc. in the performance
of the contract;
(C) any contract modification directing the use of Federal
Prison Industries, Inc. its products or services; or
(D) any other means.
(c) Protection of Classified and Sensitive Information.--
The Secretary of Defense shall assure that Federal Prison
Industries, Inc. is not permitted to provide services as a
contractor or subcontractor at any tier, if an inmate worker
has access to--
(1) data that is classified or will become classified after
being merged with other data;
(2) geographic data regarding the location of surface and
subsurface infrastructure providing communications, water and
electrical power distribution, pipelines for the distribution
of natural gas, bulk petroleum products and other
commodities, and other utilities; or
(3) personal or financial information about individual
private citizens, including information relating to such
person's real property, however described, without giving
prior notice to such persons or class of persons to the
greatest extent practicable.
(d) Regulatory Implementation.--
(1) Proposed regulations.--Proposed revisions to the
Department of Defense Supplement to the Federal Acquisition
Regulation to implement this section shall be published not
later than 90 days after the date of enactment of this Act
and provide not less than 60 days for public comment.
(2) Final regulations.--Final regulations shall be
published not later than 180 days after the date of the
enactment of this Act and shall be effective on the date that
is 30 days after the date of publication.

SEC. 812. RENEWAL OF CERTAIN PROCUREMENT TECHNICAL ASSISTANCE
COOPERATIVE AGREEMENTS AT FUNDING LEVELS AT
LEAST SUFFICIENT TO SUPPORT EXISTING PROGRAMS.

Section 2413 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) With respect to any eligible entity that has
successfully performed under a cooperative agreement entered
into under subsection (a), the Secretary shall strive, to the
greatest extent practicable and subject to appropriations, to
renew such agreement with such entity at a level of funding
which is at least equal to the level of funding under the
cooperative agreement being renewed.''.

[[Page H5572]]

TITLE IX--DEPARTMENT OF
DEFENSE ORGANIZATION AND MANAGEMENT

SEC. 901. CHANGE IN TITLE OF SECRETARY OF THE NAVY TO
SECRETARY OF THE NAVY AND MARINE CORPS.

(a) Change in Title.--The position of the Secretary of the
Navy is hereby redesignated as the Secretary of the Navy and
Marine Corps.
(b) References.--Any reference to the Secretary of the Navy
in any law, regulation, document, record, or other paper of
the United States shall be considered to be a reference to
the Secretary of the Navy and Marine Corps.

SEC. 902. REPORT ON IMPLEMENTATION OF UNITED STATES NORTHERN
COMMAND.

Not later than September 1, 2002, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report providing an
implementation plan for the United States Northern Command.
The report shall address the following:
(1) The required budget for standing-up and maintaining
that command.
(2) The location of the headquarters of that command and
alternatives considered for that location, together with the
criteria used in selection of that location.
(3) The required manning levels for the command, the effect
that command will have on current Department of Defense
personnel resources, and the other commands from which
personnel will be transferred to provide personnel for that
command.
(4) The chain of command within that command to the
component command level and a review of permanently assigned
or tasked organizations and units.
(5) The relationship of that command to the Office of
Homeland Security and the Homeland Security Council, to other
Federal departments and agencies, and to State and local law
enforcement agencies.
(6) The relationship of that command with the National
Guard Bureau, individual State National Guard Headquarters,
and civil first responders to ensure continuity of
operational plans.
(7) The legal implications of military forces in their
Federal capacity operating on United States territory.
(8) The status of Department of Defense consultations--
(A) with Canada regarding Canada's role in, and any
expansion of mission for, the North American Air Defense
Command; and
(B) with Mexico regarding Mexico's role in the United
States Northern Command.
(9) The status of Department of Defense consultations with
NATO member nations on efforts to transfer the Supreme Allied
Command for the Atlantic from dual assignment with the
position of commander of the United States Joint Forces
Command.
(10) The revised mission, budget, and personnel resources
required for the United States Joint Forces Command.

SEC. 903. NATIONAL DEFENSE MISSION OF COAST GUARD TO BE
INCLUDED IN FUTURE QUADRENNIAL DEFENSE REVIEWS.

Section 118(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new
paragraph:
``(14) The national defense mission of the Coast Guard.''.

SEC. 904. CHANGE IN YEAR FOR SUBMISSION OF QUADRENNIAL
DEFENSE REVIEW.

Section 118(a) of title 10, United States Code, is amended
by striking ``during a year'' and inserting ``during the
second year''.

SEC. 905. REPORT ON EFFECT OF OPERATIONS OTHER THAN WAR ON
COMBAT READINESS OF THE ARMED FORCES.

(a) Report Required.--Not later than February 28, 2004, 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 effect on the
combat readiness of the Armed Forces of operations other than
war in which the Armed Forces are participating as of the
date of the enactment of this Act (hereinafter in this
section referred to as ``current operations other than
war''). Such report shall address any such effect on combat
readiness for the Armed Forces as a whole and separately for
the active components and the reserve components.
(b) Operations Other Than War.--For purposes of this
section, the term ``operations other than war'' includes the
followng:
(1) Humanitarian operations.
(2) Counter-drug operations.
(3) Peace operations.
(4) Nation assistance.
(c) Matters To Be Addressed.--The report shall, at a
minimum, address the following (shown both for the Armed
Forces as a whole and separately for the active components
and the reserve components):
(1) With respect to each current operation other than war,
the number of members of the Armed Forces who are--
(A) directly participating in the operation;
(B) supporting the operation;
(C) preparing to participate or support an upcoming
rotation to the operation; or
(D) recovering and retraining following participation in
the operation.
(2) The cost to the Department of Defense in time, funds,
resources, personnel, and equipment to prepare for, conduct,
and recover and retrain from each such operation.
(3) The effect of participating in such operations on
performance, retention, and readiness of individual members
of the Armed Forces.
(4) The effect of such operations on the readiness of
forces and units participating, preparing to participate, and
returning from participation in such operations.
(5) The effect that such operations have on forces and
units that do not, have not, and will not participate in
them.
(6) The contribution to United States national security and
to regional stability of participation by the United States
in such operations, to be assessed after receiving the views
of the commanders of the regional unified combatant commands.
(d) Classification of Report.--The report may be provided
in classified or unclassified form as necessary.

SEC. 906. CONFORMING AMENDMENT TO REFLECT DISESTABLISHMENT OF
DEPARTMENT OF DEFENSE CONSEQUENCE MANAGEMENT
PROGRAM INTEGRATION OFFICE.

Section 12310(c)(3) of title 10, United States Code, is
amended by striking ``only--'' and all that follows through
``(B) while assigned'' and inserting ``only while assigned''.

SEC. 907. AUTHORITY TO ACCEPT GIFTS FOR NATIONAL DEFENSE
UNIVERSITY.

(a) In General.--Section 2605 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``administration of''; and
(B) by inserting before the period at the end of the first
sentence ``, or (2) the National Defense University'';
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``subsection (a)'' and inserting
``subsection (a)(1)'';
(C) by designating the last sentence as paragraph (3) and
in that sentence by inserting ``or for the benefit or use of
the National Defense University, as the case may be,'' after
``schools,''; and
(D) by inserting before paragraph (3), as designated by
subparagraph (C), the following:
``(2) There is established in the Treasury a fund to be
known as the `National Defense University Gift Fund'. Gifts
of money, and the proceeds of the sale of property, received
under subsection (a)(2) shall be deposited in the Fund.'';
(3) in subsection (d)(1)(A), by inserting ``and the
National Defense University Gift Fund'' before the semicolon;
and
(4) by adding at the end the following new subsection:
``(h) In this section, the term `National Defense
University' includes any school or other component of the
National Defense University.''.
(b) Clerical Amendment.--(1) The heading of such section is
amended to read as follows:

``Sec. 2605. Acceptance of gifts for defense dependents'
schools and National Defense University''.

(2) The item relating to such section in the table of
sections at the beginning of chapter 151 of such title is
amended to read as follows:

``2605. Acceptance of gifts for defense dependents' schools and
National Defense University.''.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2003
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $2,000,000,000.
(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. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2002.

(a) DOD Authorizations.--Amounts authorized to be
appropriated to the Department of Defense for fiscal year
2002 in the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107) are hereby adjusted, with
respect to any such authorized amount, by the amount by which
appropriations pursuant to such authorization are increased
(by a supplemental appropriation) or decreased (by a
rescission), or both, or are increased by a transfer of
funds, pursuant to the following:

[[Page H5573]]

(1) Chapter 3 of the Emergency Supplemental Act, 2002
(division B of Public Law 107-117; 115 Stat. 2299).
(2) Any Act enacted after May 1, 2002, making supplemental
appropriations for fiscal year 2002 for the military
functions of the Department of Defense.
(b) NNSA Authorizations.--Amounts authorized to be
appropriated to the Department of Energy for fiscal year 2002
in the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107) are hereby adjusted, with respect
to any such authorized amount, by the amount by which
appropriations pursuant to such authorization are increased
(by a supplemental appropriation) or decreased (by a
rescission), or both, or are increased by a transfer of
funds, pursuant to the following:
(1) Chapter 5 of the Emergency Supplemental Act, 2002
(division B of Public Law 107-117; 115 Stat. 2307).
(2) Any Act enacted after May 1, 2002, making supplemental
appropriations for fiscal year 2002 for the atomic energy
defense activities of the Department of Energy.
(c) Limitation on Transfers Pending Submission of Report.--
Any amount provided for the Department of Defense for fiscal
year 2002 through a so-called `transfer account'', including
the Defense Emergency Response Fund or any other similar
account, may be transferred to another account for obligation
only after the Secretary of Defense submits to the
congressional defense committees a report stating, for each
such transfer, the amount of the transfer, the appropriation
account to which the transfer is to be made, and the specific
purpose for which the transferred funds will be used.
(d) Emergency Designation Requirement.--(1) In the case of
a pending contingent emergency supplemental appropriation for
the military functions of the Department of Defense or the
atomic energy defense activities of the Department of Energy,
an adjustment may be made under subsection (a) or (b) in the
amount of an authorization of appropriations by reason of
that supplemental appropriation only if, and to the extent
that, the President transmits to Congress an official budget
request for that appropriation that designates the entire
amount requested as an emergency requirement.
(2) For purposes of this subsection, the term ``contingent
emergency supplemental appropriation'' means a supplemental
appropriation that--
(A) is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985; and
(B) by law is available only to the extent that the
President transmits to the Congress an official budget
request for that appropriation that includes designation of
the entire amount of the request as an emergency requirement.

SEC. 1003. UNIFORM STANDARDS THROUGHOUT DEPARTMENT OF DEFENSE
FOR EXPOSURE OF PERSONNEL TO PECUNIARY
LIABILITY FOR LOSS OF GOVERNMENT PROPERTY.

(a) Extension of Army and Air Force Report-of-Survey
Procedures to Navy and Marine Corps and all DOD Civilian
Employees.--(1) Chapter 165 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec. 2787. Reports of survey

``(a) Regulations.--Under such regulations as the Secretary
of Defense may prescribe, any officer of the Army, Navy, Air
Force, or Marine Corps or any civilian employee of the
Department of Defense designated by the Secretary may act
upon reports of surveys and vouchers pertaining to the loss,
spoilage, unserviceability, unsuitability, or destruction of,
or damage to, property of the United States under the control
of the Department of Defense.
``(b) Finality of Action.--Action taken under subsection
(a) is final, except that action holding a person pecuniarily
liable for loss, spoilage, destruction, or damage is not
final until approved by the Secretary.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``2787. Reports of survey.''.

(b) Extension to Members of the Navy and Marine Corps of
Pay Deduction Authority Pertaining to Damage or Repair of
Arms and Equipment .--Section 1007(e) of title 37, United
States Code, is amended by striking ``Army or the Air Force''
and inserting ``Army, Navy, Air Force, or Marine Corps''.
(c) Repeal of Superceded Provisions.--(1) Sections 4835 and
9835 of title 10, United States Code, are repealed.
(2)(A) The table of sections at the beginning of chapter
453 of such title is amended by striking the item relating to
section 4835.
(B) The table of sections at the beginning of chapter 953
of such title is amended by striking the item relating to
section 9835.

SEC. 1004. ACCOUNTABLE OFFICIALS IN THE DEPARTMENT OF
DEFENSE.

(a) Accountable Officials Within the Department of
Defense.--Chapter 165 of title 10, United States Code, is
amended by inserting after section 2773 the following new
section:

``Sec. 2773a. Departmental accountable officials

``(a) Designation.--(1) The Secretary of Defense may
designate as a `departmental accountable official' any
civilian employee of the Department of Defense or member of
the armed forces under the Secretary's jurisdiction who is
described in paragraph (2). Any such designation shall be in
writing.
``(2) An employee or member of the armed forces described
in this paragraph is an employee or member who is responsible
in the performance of the employee's or member's duties for
providing to a certifying official of the Department of
Defense information, data, or services that are directly
relied upon by the certifying official in the certification
of vouchers for payment.
``(b) Pecuniary Liability.--(1) The Secretary of Defense
may impose pecuniary liability on a departmental accountable
official to the extent that an illegal, improper, or
incorrect payment results from the information, data, or
services that that official provides to a certifying official
and upon which the certifying official directly relies in
certifying the voucher supporting that payment.
``(2) The pecuniary liability of a departmental accountable
official under this subsection for such an illegal, improper,
or incorrect payment is joint and several with that of any
other officials who are pecuniarily liable for such payment.
``(c) Relief from Liability.--The Secretary of Defense
shall relieve a departmental accountable official from
liability under subsection (b) if the Secretary determines
that the illegal, improper, or incorrect payment was not the
result of fault or negligence by that official.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2773 the following new item:

``2773a. Departmental accountable officials.''.

SEC. 1005. IMPROVEMENTS IN PURCHASE CARD MANAGEMENT.

(a) In General.--Section 2784 of title 10, United States
Code, is amended to read as follows:

``Sec. 2784. Management of purchase cards

``(a) Management of Purchase Cards.--The Secretary of
Defense, acting through the Under Secretary of Defense
(Comptroller), shall prescribe regulations governing the use
and control of all purchase cards and convenience checks that
are issued to Department of Defense personnel for official
use. Those regulations shall be consistent with regulations
that apply Government-wide regarding use of purchase cards by
Government personnel for official purposes.
``(b) Required Safeguards and Internal Controls.--
Regulations under subsection (a) shall include safeguards and
internal controls to ensure the following:
``(1) That there is a record in the Department of Defense
of each holder of a purchase card issued by the Department of
Defense for official use, annotated with the limitations on
amounts that are applicable to the use of each such card by
that purchase card holder.
``(2) That the holder of a purchase card and each official
with authority to authorize expenditures charged to the
purchase card are responsible for--
``(A) reconciling the charges appearing on each statement
of account for that purchase card with receipts and other
supporting documentation; and
``(B) forwarding that statement after being so reconciled
to the designated disbursing office in a timely manner.
``(3) That any disputed purchase card charge, and any
discrepancy between a receipt and other supporting
documentation and the purchase card statement of account, is
resolved in the manner prescribed in the applicable
Government-wide purchase card contract entered into by the
Administrator of General Services.
``(4) That payments on purchase card accounts are made
promptly within prescribed deadlines to avoid interest
penalties.
``(5) That rebates and refunds based on prompt payment on
purchase card accounts are properly recorded.
``(6) That records of each purchase card transaction
(including records on associated contracts, reports,
accounts, and invoices) are retained in accordance with
standard Government policies on the disposition of records.
``(7) That an annual review is performed of the use of
purchase cards issued by the Department of Defense to
determine whether each purchase card holder has a need for
the purchase card.
``(8) That the Inspectors General of the Department of
Defense and the military services perform periodic audits
with respect to the use of purchase cards issued by the
Department of Defense to ensure that such use is in
compliance with regulations.
``(9) That appropriate annual training is provided to each
purchase card holder and each official with responsibility
for overseeing the use of purchase cards issued by the
Department of Defense.
``(c) Penalties for Violations.--The Secretary shall
provide in the regulations prescribed under subsection (a)--
``(1) that procedures are implemented providing for
appropriate punishment of employees of the Department of
Defense for violations of such regulations and for
negligence, misuse, abuse, or fraud with respect to a
purchase card, including dismissal in appropriate cases; and
``(2) that a violation of such regulations by a person
subject to chapter 47 of this title (the Uniform Code of
Military Justice) is punishable as a violation of section 892
of this title (article 92 of the Uniform Code of Military
Justice).''.
(b) Clerical Amendment.--The item relating to section 2784
in the table of sections at

[[Page H5574]]

the beginning of chapter 165 of such title is amended to read
as follows:

``2784. Management of purchase cards.''.

SEC. 1006. AUTHORITY TO TRANSFER FUNDS WITHIN A MAJOR
ACQUISITION PROGRAM FROM PROCUREMENT TO RDT&E.

(a) Program Flexibility.--(1) Chapter 131 of title 10,
United States Code, is amended by inserting after section
2214 the following new section:

``Sec. 2214a. Transfer of funds: transfers from procurement
accounts to research and development accounts for major
acquisition programs

``(a) Transfer Authority Within Major Programs.--Subject to
subsection (b), the Secretary of Defense may transfer amounts
provided in an appropriation Act for procurement for a
covered acquisition program to amounts provided in the same
appropriation Act for research, development, test, and
evaluation for that program.
``(b) Congressional Notice-and-Wait.--A transfer may be
made under this section only after--
``(1) the Secretary submits to the congressional defense
committees notice in writing of the Secretary's intent to
make such transfer, together with the Secretary's
justification for the transfer; and
``(2) a period of 30 days has elapsed following the date of
such notification.
``(c) Limitations.--From amounts appropriated for the
Department of Defense for any fiscal year for procurement--
``(1) the total amount transferred under this section may
not exceed $250,000,000; and
``(2) the total amount so transferred for any acquisition
program may not exceed $20,000,000.
``(d) Covered Acquisition Programs.--In this section, the
term `covered acquisition program' means an acquisition
program of the Department of Defense that is--
``(A) a major defense acquisition program for purposes of
chapter 144 of this title; or
``(B) any other acquisition program of the Department of
Defense--
``(i) that is designated by the Secretary of Defense as a
covered acquisition program for purposes of this section; or
``(ii) that is estimated by the Secretary of Defense to
require an eventual total expenditure for research,
development, test, and evaluation of more than $140,000,000
(based on fiscal year 2000 constant dollars) or an eventual
total expenditure for procurement of more than $660,000,000
(based on fiscal year 2000 constant dollars.)
``(e) Transfer Back of Unused Transferred Funds.--If funds
transferred under this section are not used for the purposes
for which transferred, such funds shall be transferred back
to the account from which transferred and shall be available
for their original purpose.
``(f) Additional Authority.--The transfer authority
provided in this section is in addition to any other transfer
authority available to the Secretary of Defense.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2214 the following new item:

``2214a. Transfer of funds: transfers from procurement accounts to
research and development accounts for major acquisition
programs.''.

(b) Effective Date.--Section 2214a of title 10, United
States Code, as added by subsection (a), shall not apply with
respect to funds appropriated before the date of the
enactment of this Act.

SEC. 1007. DEVELOPMENT AND PROCUREMENT OF FINANCIAL AND
NONFINANCIAL MANAGEMENT SYSTEMS.

(a) Report.--Not later than March 1, 2003, the Secretary of
Defense shall submit to the congressional defense committees
a report on the modernization of the Department of Defense's
financial management systems and operations. The report shall
include the following:
(1) The goals and objectives of the Financial Management
Modernization Program.
(2) The acquisition strategy for that Program, including
milestones, performance metrics, and financial and
nonfinancial resource needs.
(3) A listing of all operational and developmental
financial and nonfinancial management systems in use by the
Department, the related costs to operate and maintain those
systems during fiscal year 2002, and the estimated cost to
operate and maintain those systems during fiscal year 2003.
(4) An estimate of the completion date of a transition plan
that will identify which of the Department's operational and
developmental financial management systems will not be part
of the objective financial and nonfinancial management system
and that provides the schedule for phase out of those legacy
systems.
(b) Limitations.--(1) A contract described in subsection
(c) may be entered into using funds made available to the
Department of Defense for fiscal year 2003 only with the
approval in advance in writing of the Under Secretary of
Defense (Comptroller).
(2) Not more than 75 percent of the funds authorized to be
appropriated in section 201(4) for research, development,
test, and evaluation for the Department of Defense Financial
Modernization Program (Program Element 65016D8Z) may be
obligated until the report required by subsection (a) is
received by the congressional defense committees.
(c) Covered Contracts.--Subsection (b)(1) applies to a
contract for the procurement of any of the following:
(1) An enterprise architecture system.
(2) A finance or accounting system.
(3) A nonfinancial business and feeder system.
(4) An upgrade to any system specified in paragraphs (1)
through (3).
(d) Definitions.--As used in this section:
(1) Financial management system and operations.--The term
``financial management system and operations'' means
financial, financial related, and non-financial business
operations and systems used for acquisition programs,
transportation, travel, property, inventory, supply, medical,
budget formulation, financial reporting, and accounting. Such
term includes the automated and manual processes, procedures,
controls, data, hardware, software, and support personnel
dedicated to the operations and maintenance of system
functions.
(2) Feeder systems.--The term ``feeder systems'' means
financial portions of mixed systems.
(3) Developmental systems and projects.--The term
``developmental systems and projects'' means any system that
has not reached Milestone C, as defined in the Department of
Defense 5000-series regulations.

Subtitle B--Reports

SEC. 1011. AFTER-ACTION REPORTS ON THE CONDUCT OF MILITARY
OPERATIONS CONDUCTED AS PART OF OPERATION
ENDURING FREEDOM.

(a) Report Required.--(1) The Secretary of Defense shall
submit to the congressional committees specified in
subsection (c) two reports on the conduct of military
operations conducted as part of Operation Enduring Freedom.
The first report (which shall be an interim report) shall be
submitted not later than June 15, 2003. The second report
shall be submitted not later than 180 days after the date (as
determined by the Secretary of Defense) of the cessation of
hostilities undertaken as part of Operation Enduring Freedom.
(2) Each report shall be prepared in consultation with the
Chairman of the Joint Chiefs of Staff, the commander-in-chief
of the United States Central Command, and the Director of
Central Intelligence.
(3) Each report shall be submitted in both a classified
form and an unclassified form.
(b) Matters To Be Included.--Each report shall contain a
discussion of accomplishments and shortcomings of the overall
military operation. The report shall specifically include the
following:
(1) A discussion of the command, control, coordination, and
support relationship between United States Special Operations
Forces and Central Intelligence Agency elements participating
in Operation Enduring Freedom and any lessons learned from
the joint conduct of operations by those forces and elements.
(2) Recommendations to improve operational readiness and
effectiveness.
(c) Congressional Committees.--The committees referred to
in subsection (a)(1) are the following:
(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.

SEC. 1012. REPORT ON BIOLOGICAL WEAPONS DEFENSE AND COUNTER-
PROLIFERATION.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report--
(1) describing programs and initiatives to halt, counter,
and defend against the development, production, and
proliferation of biological weapons agents, technology, and
expertise to terrorist organizations and other States; and
(2) including a detailed list of the limitations and
impediments to the biological weapons defense,
nonproliferation, and counterproliferation efforts of the
Department of Defense, and recommendations to remove such
impediments and to make such efforts more effective.
(b) Classification.--The report may be submitted in
unclassified or classified form as necessary.

SEC. 1013. REQUIREMENT THAT DEPARTMENT OF DEFENSE REPORTS TO
CONGRESS BE ACCOMPANIED BY ELECTRONIC VERSION.

Section 480(a) of title 10, United States Code, is amended
by striking ``shall, upon request'' and all that follows
through ``(or each'' and inserting ``shall provide to
Congress (or''.

SEC. 1014. STRATEGIC FORCE STRUCTURE PLAN FOR NUCLEAR WEAPONS
AND DELIVERY SYSTEMS.

(a) Plan Required.--The Secretary of Defense and the
Secretary of Energy shall jointly prepare a plan for the
United States strategic force structure for nuclear weapons
and nuclear weapons delivery systems for the period of fiscal
years from 2002 through 2012. The plan shall--
(1) delineate a baseline strategic force structure for such
weapons and systems over such period consistent with the
Nuclear Posture Review dated January 2002;

[[Page H5575]]

(2) define sufficient force structure, force modernization
and life extension plans, infrastructure, and other elements
of the defense program of the United States associated with
such weapons and systems that would be required to execute
successfully the full range of missions called for in the
national defense strategy delineated in the Quadrennial
Defense Review dated September 30, 2001, under section 118 of
title 10, United States Code; and
(3) identify the budget plan that would be required to
provide sufficient resources to execute successfully the full
range of missions using such force structure called for in
that national defense strategy.
(b) Report.--(1) The Secretary of Defense and the Secretary
of Energy shall submit a report on the plan to the
congressional defense committees. Except as provided in
paragraph (2), the report shall be submitted not later than
January 1, 2003.
(2) If before January 1, 2003, the President submits to
Congress the President's certification that it is in the
national security interest of the United States that such
report be submitted on a later date (to be specified by the
President in the certification), such report shall be
submitted not later than such later date.
(c) Report on Options for Achieving, Prior to Fiscal Year
2012, President's Objective for Operationally Deployed
Nuclear Warheads.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Energy shall
submit to Congress a report on options for achieving, prior
to fiscal year 2012, a posture under which the United States
maintains a number of operationally deployed nuclear warheads
at a level of from 1,700 to 2,200 such warheads, as outlined
in the Nuclear Posture Review. The report shall include the
following:
(1) For each of fiscal years 2006, 2008, and 2010, an
assessment of the options for achieving such posture as of
such fiscal year.
(2) An assessment of the effects of achieving such posture
prior to fiscal year 2012 on cost, the dismantlement
workforce, and any other affected matter.

SEC. 1015. REPORT ON ESTABLISHMENT OF A JOINT NATIONAL
TRAINING COMPLEX AND JOINT OPPOSING FORCES.

(a) Report Required.--Not later than six months after the
date of the enactment of this Act, 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 that outlines a plan to develop and
implement a joint national training complex. Such a complex
may include multiple joint training sites and mobile training
ranges and appropriate joint opposing forces and shall be
capable of supporting field exercises and experimentation at
the operational level of war across a broad spectrum of
adversary capabilities.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) An identification and description of the types of joint
training and experimentation that would be conducted at such
a joint national training complex, together with a
description of how such training and experimentation would
enhance accomplishment of the six critical operational goals
for the Department of Defense specified at page 30 of the
Quadrennial Defense Review Report of the Secretary of Defense
issued on September 30, 2001.
(2) A discussion of how establishment of such a complex
(including joint opposing forces) would promote innovation
and transformation throughout the Department of Defense.
(3) A discussion of how results from training and
experiments conducted at such a complex would be taken into
consideration in the Department of Defense plans, programs,
and budgeting process and by appropriate decision making
bodies within the Department of Defense.
(4) A methodology, framework, and options for selecting
sites for such a complex, including consideration of current
training facilities that would accommodate requirements among
all the Armed Forces.
(5) Options for development as part of such a complex of a
joint urban warfare training center that could also be used
for homeland defense and consequence management training for
Federal, State, and local training.
(6) Cost estimates and resource requirements to establish
and maintain such a complex, including estimates of costs and
resource requirements for the use of contract personnel for
the performance of management, operational, and logistics
activities for such a complex .
(7) An explanation of the relationship between and among
such a complex and the Department of Defense Office of
Transformation, the Joint Staff, the United States Joint
Forces Command, the United States Northern Command, and each
element of the major commands within the separate Armed
Forces with responsibility for experimentation and training.
(8) A discussion of how implementation of a joint opposing
force would be established, including the feasibility of
using qualified contractors for the function of establishing
and maintaining joint opposing forces and the role of foreign
forces.
(9) Submission of a time line to establish such a center
and for such a center to achieve initial operational
capability and full operational capability.

SEC. 1016. REPEAL OF VARIOUS REPORTS REQUIRED OF THE
DEPARTMENT OF DEFENSE.

(a) Provisions of Title 10.--Title 10, United States Code,
is amended as follows:
(1)(A) Section 230 is repealed.
(B) The table of sections at the beginning of chapter 9 is
amended by striking the item relating to section 230.
(2) Section 526 is amended by striking subsection (c).
(3) Section 721(d) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' before ``If an officer''.
(4) Section 986 is amended by striking subsection (e).
(5) Section 1095(g) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after ``(g)''.
(6) Section 1798 is amended by striking subsection (d).
(7) Section 1799 is amended by striking subsection (d).
(8) Section 2010 is amended by striking subsection (b).
(9) Section 2327(c)(1) is amended--
(A) in subparagraph (A), by striking ``after the date on
which such head of an agency submits to Congress a report on
the contract'' and inserting ``if in the best interests of
the Government''; and
(B) by striking subparagraph (B).
(10) Section 2350f is amended by striking subsection (c).
(11) Section 2350k is amended by striking subsection (d).
(12) Section 2492 is amended by striking subsection (c).
(13) Section 2493 is amended by striking subsection (g).
(14) Section 2563(c)(2) is amended by striking ``and
notifies Congress regarding the reasons for the waiver''.
(15) Section 2611 is amended by striking subsection (e).
(16) Sections 4357, 6975, and 9356 are each amended--
(A) by striking subsection (c); and
(B) in subsection (a), by striking ``Subject to subsection
(c), the Secretary'' and inserting ``The Secretary''.
(17) Section 4416 is amended by striking subsection (f).
(18) Section 5721(f) is amended--
(A) by striking paragraph (2); and
(B) by striking ``(1)'' after the subsection heading.
(19) Section 12302 is amended--
(A) in subsection (b), by striking the last sentence; and
(B) by striking subsection (d).
(b) National Defense Authorization Act for Fiscal Year
1995.--Section 553(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2772;
10 U.S.C. 4331 note) is amended by striking the last
sentence.

SEC. 1017. REPORT ON THE ROLE OF THE DEPARTMENT OF DEFENSE IN
SUPPORTING HOMELAND SECURITY.

(a) Report Required.--Not later than December 31, 2002, the
Secretary of Defense shall submit to the congressional
defense committees a report on Department of Defense
responsibilities, mission, and plans for military support of
homeland security.
(b) Content of Report.--The report shall include, but not
be limited to, a discussion of the following:
(1) Changes in organization regarding the roles, mission,
and responsibilities carried out by the Department of Defense
to support its homeland security mission and the reasons for
those changes based upon the findings of the study and report
required by section 1511 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1271).
(2) Changes in the roles, missions, and responsibilities of
the Department of the Army, the Department of the Navy, and
the Department of the Air Force with respect to homeland
security and the reasons for such changes.
(3) Changes in the roles, missions, and responsibilities of
unified commands with homeland security missions and the
reasons for such changes.
(4) Changes in the roles, missions, and responsibilities of
the United States Joint Forces Command and the United States
Northern Command in expanded homeland security training and
experimentation involving the Department of Defense and other
Federal, State, and local entities, and the reasons for such
changes.
(5) Changes in the roles, missions, and responsibilities of
the Army National Guard and the Air National Guard in the
homeland security mission of the Department of Defense, and
the reasons for such changes.
(6) The status of the unconventional nuclear warfare
defense test bed program established in response to title IX
of the Department of Defense Appropriations Act, 2002
(division A of Public Law 107-117; 115 Stat. 2289), including
the plan and program for establishing such test beds.
(7) The plans and status of the Department of Defense
homeland security biological defense program, including the
plans and status of--
(A) the biological counter terrorism research program;
(B) the biological defense homeland security support
program;
(C) pilot programs for establishing biological defense test
beds on Department of Defense installations and in selected
urban areas of the United States;
(D) programs for expanding the capacity of the Department
of Defense to meet increased demand for vaccines against
biological agents; and

[[Page H5576]]

(E) any plans to coordinate Department of Defense work in
biological defense programs with other Federal, State, and
local programs.
(8) Recommendations for legislative changes that may be
required to execute the roles and missions set forth in
Department of Defense homeland security plans.

SEC. 1018. REPORT ON EFFECTS OF NUCLEAR EARTH PENETRATOR
WEAPONS AND OTHER WEAPONS.

(a) NAS Study.--The Secretary of Defense shall request the
National Academy of Sciences to conduct a study and prepare a
report on the anticipated short-term and long-term effects of
the use of a nuclear earth penetrator weapon on the target
area, including the effects on civilian populations in
proximity to the target area and on United States military
personnel performing operations and battle damage assessments
in the target area, and the anticipated short-term and long-
term effects on the civilian population in proximity to the
target area if--
(1) a non-penetrating nuclear weapon is used to destroy
hard or deeply-buried targets; or
(2) a conventional high-explosive weapon is used to destroy
an adversary's weapons of mass destruction storage or
production facilities, and radioactive, nuclear, biological,
or chemical weapons materials, agents, or other contaminants
are released or spread into populated areas.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
the report under subsection (a), together with any comments
the Secretary may consider appropriate on the report. The
report shall be submitted in unclassified form to the maximum
extent possible, with a classified annex if needed.

SEC. 1019. REPORT ON EFFECTS OF NUCLEAR-TIPPED BALLISTIC
MISSILE INTERCEPTORS AND NUCLEAR MISSILES NOT
INTERCEPTED.

(a) NAS Study.--The Secretary of Defense shall request the
National Academy of Sciences to conduct a study and prepare a
report on the anticipated short-term and long-term effects of
the use of a nuclear-tipped ballistic missile interceptor,
including the effects on civilian populations and on United
States military personnel in proximity to the target area,
and the immediate, short-term, and long-term effects on the
civilian population of a major city of the United States, and
the Nation as a whole, if a ballistic missile carrying a
nuclear weapon is not intercepted and detonates directly
above a major city of the United States.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
the report under subsection (a), together with any comments
the Secretary may consider appropriate on the report. The
report shall be submitted in unclassified form to the maximum
extent possible, with a classified annex if needed.

SEC. 1020. LIMITATION ON DURATION OF FUTURE DEPARTMENT OF
DEFENSE REPORTING REQUIREMENTS.

(a) In General.--Chapter 23 of title 10, United States
Code, is amended by inserting after section 480 the following
new section:

``Sec. 480a. Recurring reporting requirements: five-year
limitation

``(a) Five-Year Sunset.--Any recurring congressional
defense reporting requirement that is established by a
provision of law enacted on or after the date of the
enactment of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (including a provision of law enacted as
part of that Act) shall cease to be effective, with respect
to that requirement, at the end of the five-year period
beginning on the date on which such provision is enacted,
except as otherwise provided by law.
``(b) Rule of Construction.--A provision of law enacted
after the date of the enactment of this section may not be
considered to supersede the provisions of subsection (a)
unless that provision specifically refers to subsection (a)
and specifically states that it supersedes subsection (a).
``(c) Recurring Congressional Defense Reporting
Requirements.--In this section, the term `recurring defense
congressional reporting requirement' means a requirement by
law for the submission of an annual, semiannual, or other
regular periodic report to Congress, or one or more
committees of Congress, that applies only to the Department
of Defense or to one or more officers of the Department of
Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 480 the following new item:

``480a. Recurring reporting requirements: five-year limitation.''.

Subtitle C--Other Matters

SEC. 1021. SENSE OF CONGRESS ON MAINTENANCE OF A RELIABLE,
FLEXIBLE, AND ROBUST STRATEGIC DETERRENT.

It is the sense of Congress that, consistent with the
national defense strategy delineated in the Quadrennial
Defense Review dated September 30, 2001 (as submitted under
section 118 of title 10, United States Code), the Nuclear
Posture Review dated January 2002, and the global strategic
environment, the President should, to defend the Nation,
deter aggressors and potential adversaries, assure friends
and allies, defeat enemies, dissuade competitors, advance the
foreign policy goals and vital interests of the United
States, and generally ensure the national security of the
United States, take the following actions:
(1) Maintain an operationally deployed strategic force of
not less than 1,700 nuclear weapons for immediate and
unexpected contingencies.
(2) Maintain a responsive force of non-deployed nuclear
weapons for potential contingencies at readiness and
numerical levels determined to be--
(A) essential to the execution of the Single Integrated
Operational Plan; or
(B) necessary to maintain strategic flexibility and
capability in accordance with the findings and conclusions of
such Nuclear Posture Review.
(3) Develop advanced conventional weapons, and nuclear
weapons, capable of destroying--
(A) hard and deeply buried targets; and
(B) enemy weapons of mass destruction and the development
and production facilities of such enemy weapons.
(4) Develop a plan to achieve and maintain the capability
to resume conducting underground tests of nuclear weapons
within one year after a decision is made to resume conducting
such tests, so as to have the means to maintain robust and
adaptive strategic forces through a ready, responsive, and
capable nuclear infrastructure, as prescribed in such Nuclear
Posture Review.
(5) Develop a plan to revitalize the Nation's nuclear
weapons industry and infrastructure so as to facilitate the
development and production of safer, more reliable, and more
effective nuclear weapons.

SEC. 1022. TIME FOR TRANSMITTAL OF ANNUAL DEFENSE
AUTHORIZATION LEGISLATIVE PROPOSAL.

(a) In General.--Chapter 2 of title 10, United States Code,
is amended by inserting after section 113 the following new
section:

``Sec. 113a. Transmission of annual defense authorization
request

``(a) Time for Transmittal.--The Secretary of Defense shall
transmit to Congress the annual defense authorization request
for a fiscal year during the first 30 days after the date on
which the President transmits to Congress the budget for that
fiscal year pursuant to section 1105 of title 31.
``(b) Defense Authorization Request Defined.--In this
section, the term `defense authorization request', with
respect to a fiscal year, means a legislative proposal
submitted to Congress for the enactment of the following:
``(1) Authorizations of appropriations for that fiscal
year, as required by section 114 of this title.
``(2) Personnel strengths for that fiscal year, as required
by section 115 of this title.
``(3) Any other matter that is proposed by the Secretary of
Defense to be enacted as part of the annual defense
authorization bill for that fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 113 the following new item:

``113a. Transmission of annual defense authorization request.''.

SEC. 1023. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 153 is amended by inserting ``(a) Planning;
Advice; Policy Formulation.--'' at the beginning of the text.
(2) Section 663(e)(2) is amended by striking ``Armed Forces
Staff College'' and inserting ``Joint Forces Staff College''.
(3) Section 2399(a)(2) is amended--
(A) in the matter preceding subparagraph (A), by striking
``means--'' and inserting ``means a conventional weapons
system
that--''; and
(B) in subparagraph (A), by striking ``a conventional
weapons system that''.
(4)(A) Section 2410h is transferred to the end of
subchapter IV of chapter 87 and is redesignated as section
1747.
(B) The item relating to that section in the table of
sections at the beginning of chapter 141 is transferred to
the end of the table of sections at the beginning of
subchapter IV of chapter 87 and is amended to reflect the
redesignation made by subparagraph (A).
(5) Section 2677 is amended by striking subsection (c).
(6) Section 2680(e) is amended by striking ``the'' after
``the Committee on'' the first place it appears.
(7) Section 2815(b) is amended by striking ``for fiscal
year 2003 and each fiscal year thereafter'' and inserting
``for any fiscal year''.
(8) Section 2828(b)(2) is amended by inserting ``time''
after ``from time to''.
(b) Title 37, United States Code.--Title 37, United States
Code, is amended as follows:
(1) Section 302j(a) is amended by striking ``subsection
(c)'' and inserting ``subsection (d)''.
(2) Section 324(b) is amended by striking ``(1)'' before
``The Secretary''.
(c) Public Law 107-107.--Effective as of December 28, 2001,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107)
is amended as follows:
(1) Section 602(a)(2) (115 Stat. 1132) is amended by
striking ``an'' in the first quoted matter.
(2) Section 1410(a)(3)(C) (115 Stat. 1266) by inserting
``both places it appears'' before ``and inserting''.

[[Page H5577]]

(3) Section 3007(d)(1)(C) (115 Stat. 1352) is amended by
striking ``2905(b)(7)(B)(iv)'' and inserting
``2905(b)(7)(C)(iv)''.
(d) 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 577(b)(2) (114 Stat. 1654A-140) is amended by
striking ``Federal'' in the quoted matter and inserting
``Department of Defense''.
(2) Section 612(c)(4)(B) (114 Stat. 1654A-150) is amended
by striking the comma at the end of the first quoted matter.
(e) Public Law 106-65.--The National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65) is amended as
follows:
(1) Section 573(b) (10 U.S.C. 513 note) is amended by
inserting a period at the end of paragraph (2).
(2) Section 1305(6) (22 U.S.C. 5952 note) is amended by
striking the first period after ``facility''.
(f) Title 14, United States Code.--Section 516(c) of title
14, United States Code, is amended by striking ``his
section'' and inserting ``this section''.

SEC. 1024. WAR RISK INSURANCE FOR VESSELS IN SUPPORT OF NATO-
APPROVED OPERATIONS.

Section 1205 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1285) is amended by adding at the end the following:
``(c) Insurance of Vessels in Support of NATO-Approved
Operations.--(1) Upon request made under subsection (b), the
Secretary may provide insurance for a vessel, regardless of
the country in which the vessel is registered and the
citizenship of its owners, that is supporting a military
operation approved by the North Atlantic Council, including a
vessel that is not operating under contract with a department
or agency of the United States.
``(2) If a vessel is insured under paragraph (1) in
response to a request made pursuant to an international
agreement providing for the sharing among nations of the
risks involved in mutual or joint operations, the Secretary
of Transportation, with the concurrence of the Secretary of
State, may seek from another nation that is a party to such
agreement a commitment to indemnify the United States for any
amounts paid by the United States for claims against such
insurance.
``(3) Amounts received by the United States as indemnity
from a nation pursuant to paragraph (2) shall be deposited
into the insurance fund created under section 1208.
``(4) Any obligation of a department or agency of the
United States to indemnify the Secretary or the insurance
fund for any claim against insurance provided under this
subsection is extinguished to the extent of any
indemnification received from a nation pursuant to paragraph
(2) with respect to the claim.''.

SEC. 1025. CONVEYANCE, NAVY DRYDOCK, PORTLAND, OREGON.

(a) Conveyance Authorized.--The Secretary of the Navy may
sell Navy Drydock No. YFD-69, located in Portland, Oregon, to
Portland Shipyard, LLC, which is the current user of the
drydock.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
purchaser agree to retain the drydock on Swan Island in
Portland, Oregon, until at least September 30, 2007.
(c) Consideration.--As consideration for the conveyance of
the drydock under subsection (a), the purchaser shall pay to
the Secretary an amount equal to the fair market value of the
drydock at the time of the conveyance, as determined by the
Secretary.
(d) 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. 1026. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL
SUPPORT TEAMS.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should--
(1) establish 23 additional teams designated as Weapons of
Mass Destruction Civil Support Teams (for a total of 55 such
teams); and
(2) ensure that of such 55 teams there is at least one team
established for each State and territory.
(b) State and Territory Defined.--In this section, the term
``State and territory'' means the several States, the
District of Columbia, Puerto Rico, Guam, and the Virgin
Islands.

SEC. 1027. USE FOR LAW ENFORCEMENT PURPOSES OF DNA SAMPLES
MAINTAINED BY DEPARTMENT OF DEFENSE FOR
IDENTIFICATION OF HUMAN REMAINS.

(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1566. DNA samples maintained for identification of
human remains: use for law enforcement purposes

``(a) Compliance with Court Order.--(1) Subject to
paragraph (2), if a valid order of a Federal court (or
military judge) so requires, an element of the Department of
Defense that maintains a repository of DNA samples for the
purpose of identification of human remains shall make
available, for the purpose specified in subsection (b), such
DNA samples on such terms and conditions as such court (or
military judge) directs.
``(2) A DNA sample with respect to an individual shall be
provided under paragraph (1) in a manner that does not
compromise the ability of the Department of Defense to
maintain a sample with respect to that individual for the
purpose of identification of human remains.
``(b) Covered Purpose.--The purpose referred to in
subsection (a) is the purpose of an investigation or
prosecution of a felony, or any sexual offense, for which no
other source of DNA information is available.
``(c) Definition.--In this section, the term `DNA sample'
has the meaning given such term in section 1565(c) of this
title.''.
(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. DNA samples maintained for identification of human remains: use
for law enforcement purposes.''.

SEC. 1028. SENSE OF CONGRESS CONCERNING AIRCRAFT CARRIER
FORCE STRUCTURE.

(a) Findings.--Congress makes the following findings:
(1) The aircraft carrier has been an integral component in
Operation Enduring Freedom and in the homeland defense
mission beginning on September 11, 2001. The aircraft
carriers that have participated in Operation Enduring
Freedom, as of May 1, 2002, are the USS Enterprise (CVN-65),
the USS Carl Vinson (CVN-70), the USS Kitty Hawk (CV-63), the
USS Theodore Roosevelt (CVN-71), the USS John C. Stennis
(CVN-74), and the USS John F. Kennedy (CV-67). The aircraft
carriers that have participated in the homeland defense
mission are the USS George Washington (CVN-73), the USS John
F. Kennedy (CV-67), and the USS John C. Stennis (CVN-74).
(2) Since 1945, the United States has built 172 bases
overseas, of which only 24 are currently in use.
(3) The aircraft carrier provides an independent base of
operations should no land base be available for aircraft.
(4) The aircraft carrier is an essential component of the
Navy.
(5) Both the F/A-18E/F aircraft program and the Joint
Strike Fighter aircraft program are proceeding on schedule
for deployment on aircraft carriers.
(6) As established by the Navy, the United States requires
the service of 15 aircraft carriers to completely fulfill all
the naval commitments assigned to it without gapping carrier
presence.
(7) The Navy requires, at a minimum, at least 12 carriers
to accomplish its current missions.
(b) Sense of Congress.--It is the sense of Congress that
the number of aircraft carriers of the Navy in active service
should not be less than 12.
(c) Commendation of Crews.--Congress hereby commends the
crews of the aircraft carriers that have participated in
Operation Enduring Freedom and the homeland defense mission.

SEC. 1029. ENHANCED AUTHORITY TO OBTAIN FOREIGN LANGUAGE
SERVICES DURING PERIODS OF EMERGENCY.

(a) National Foreign Language Skills Registry.--(1) The
Secretary of Defense may establish and maintain a secure data
registry to be known as the ``National Foreign Language
Skills Registry''. The data registry shall consist of the
names of, and other pertinent information on, linguistically
qualified United States citizens and permanent resident
aliens who state that they are willing to provide linguistic
services in times of emergency designated by the Secretary of
Defense to assist the Department of Defense and other
Departments and agencies of the United States with
translation and interpretation in languages designated by the
Secretary of Defense as critical languages.
(2) The name of a person may be included in the Registry
only if the person expressly agrees for the person's name to
be included in the Registry. Any such agreement shall be made
in such form and manner as may be specified by the Secretary.
(b) Authority To Accept Voluntary Translation and
Interpretation Services.--Section 1588(a) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(6) Language translation and interpretation services.''.

SEC. 1030. SURFACE COMBATANT INDUSTRIAL BASE.

(a) Review.--The Secretary of Defense shall conduct a
review of the effect of the contract award announced on April
29, 2002, for the lead design agent for the DD(X) ship
program on the industrial base for ship combat system
development, including the industrial base for each of the
following: ship systems integration, radar, electronic
warfare, launch systems, and other components.
(b) Report Required.--Not later than March 31, 2003, the
Secretary shall submit to the congressional defense
committees a report based on the review under subsection (a).
The report shall provide the Secretary's assessment of the
effect of that contract award on the ship combat system
technology and industrial base and shall describe any actions
that the Secretary proposes to ensure future competition
across the array of technologies that encompass the combat
systems of future surface ships, including the next
generation cruiser (CG(X)), the littoral combat ship (LCS),
and the joint command ship (JCC(X)).

[[Page H5578]]

SEC. 1031. ENHANCED COOPERATION BETWEEN UNITED STATES AND
RUSSIAN FEDERATION TO PROMOTE MUTUAL SECURITY.

(a) Statement of Policy.--It is the policy of the United
States to pursue greater cooperation, transparency, and
confidence with the Russian Federation regarding nuclear
weapons policy, force structure, safeguards, testing, and
proliferation prevention, as well as nuclear weapons
infrastructure, production, and dismantlement, so as to
promote mutual security, stability, and trust.
(b) Sense of Congress Regarding Enhanced Cooperation With
Russia.--It is the sense of Congress that the President of
the United States should continue to engage the President of
the Russian Federation to achieve the following objectives,
consistent with United States national security, in the
interest of promoting mutual trust, security, and stability:
(1) An agreement that would seek to prevent the illicit
use, diversion, theft, or proliferation of tactical nuclear
weapons, and their key components and materials, by--
(A) withdrawing deployed nonstrategic nuclear weapons;
(B) accounting for, consolidating, and securing the Russian
Federation's nonstrategic nuclear weapons; and
(C) dismantling or destroying United States and Russian
nonstrategic nuclear weapons in excess of each nation's
legitimate defense needs.
(2) A reciprocal program of joint visits by nuclear weapons
scientists and experts of the United States and the Russian
Federation to the United States nuclear test site in Nevada,
and the Russian nuclear test site at Novya Zemlya.
(3) A reciprocal program of joint visits and conferences at
each nation's nuclear weapons laboratories and nuclear
weapons development and production facilities to discuss how
to improve the safety and security of each nation's nuclear
stockpile, nuclear materials, and nuclear infrastructure.
(4) A reciprocal program of joint visits and conferences to
explore greater cooperation between the United States and the
Russian Federation with regard to ballistic missile defenses
against intentional, unauthorized, and accidental launches of
ballistic missiles.
(5) A joint commission on nonproliferation, composed of
senior nonproliferation and intelligence officials from the
United States and the Russian Federation, to meet regularly
in a closed forum to discuss ways to prevent rogue states and
potential adversaries from acquiring--
(A) weapons of mass destruction and ballistic missiles;
(B) the dual-use goods, technologies, and expertise
necessary to develop weapons of mass destruction and
ballistic missiles; and
(C) advanced conventional weapons.
(6) A joint program to develop advanced methods for
disposal of weapons-grade nuclear materials excess to defense
needs, including safe, proliferation resistant, advanced
nuclear fuel cycles that achieve more complete consumption of
weapons materials, and other methods that minimize waste and
hazards to health and the environment.
(7) A joint program to develop methods for safeguarding,
treating, and disposing of spent reactor fuel and other
nuclear waste so as to minimize the risk to public health,
property, and the environment, as well as the possibility of
diversion to illicit purposes.
(8) A joint program, built upon existing programs, to
cooperatively develop advanced methods and techniques for
establishing a state-of-the-art inventory control and
monitoring system for nuclear weapons and material.
(c) Report.--No later than March 1, 2003, the President
shall submit to Congress a report (in unclassified or
classified form as necessary) on the status of the objectives
under subsection (b). The report shall include the following:
(1) A description of the actions taken by the President to
engage the Russian Federation to achieve those objectives.
(2) A description of the progress made to achieve those
objectives.
(3) A description of the response of the Russian Federation
to the actions referred to in paragraph (1).
(4) The President's assessment of the Russian Federation's
commitment to a better, closer relationship with the United
States based on the principles of increased cooperation and
transparency.

SEC. 1032. TRANSFER OF FUNDS TO INCREASE AMOUNTS FOR PAC-3
MISSILE PROCUREMENT AND ISRAELI ARROW PROGRAM.

(a) Increase for PAC-3 Procurement.--The amount provided in
section 101 for Missile Procurement, Army, is hereby
increased by $65,000,000, to be available for an additional
24 PAC-3 missiles.
(b) Increase for Israeli Arrow Program.--The amount
provided in section 201(4) for the Missile Defense Agency is
hereby increased by $70,000,000, to be available within
program element 0603881C, Terminal Defense Segment, only for
the Israeli Arrow Ballistic Missile Defense System program.
(c) Corresponding Reduction.--The amount provided in
section 201(4) for research, development, test, and
evaluation, Defense-wide, is hereby reduced by $135,000,000,
to be derived from amounts available to the Missile Defense
Agency.

SEC. 1033. 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, drug traffickers, and
illegal aliens 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,
2005.''.
(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.''.

SEC. 1034. SENSE OF CONGRESS ON PROHIBITION OF USE OF FUNDS
FOR INTERNATIONAL CRIMINAL COURT.

It is the sense of Congress that none of the funds
appropriated pursuant to authorizations of appropriations in
this Act should be used for any assistance to, or to
cooperate with or to provide any support for, the
International Criminal Court.

TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DEFENSE
NONAPPROPRIATED FUND EMPLOYEES FOR LONG-TERM
CARE INSURANCE.

(a) In General.--Section 9001(1) of title 5, United States
Code, is amended--
(1) in subparagraph (B), by striking ``and'';

[[Page H5579]]

(2) in subparagraph (C), by striking the comma at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) an employee of a nonappropriated fund instrumentality
of the Department of Defense described in section 2105(c),''.
(b) Discretionary Authority.--Section 9002 of such title is
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) Discretionary Authority Regarding Nonappropriated
Fund Instrumentalities.--The Secretary of Defense may
determine that a nonappropriated fund instrumentality of the
Department of Defense is covered under this chapter or is
covered under an alternative long-term care insurance
program.''.

SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO
MAKE LUMP-SUM SEVERANCE PAYMENTS.

(a) In General.--Section 5595(i)(4) of title 5, United
States Code, is amended by striking ``2003'' and inserting
``2006''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the President shall submit to Congress
a report including recommendations whether the authority
under section 5595(i) of title 5, United States Code, should
be made permanent or expanded to be made Governmentwide.

SEC. 1103. COMMON OCCUPATIONAL AND HEALTH STANDARDS FOR
DIFFERENTIAL PAYMENTS 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 at the end 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.--Section 5545(d) of such
title is amended by inserting before the period at the end of
the first sentence 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.--Subject to any vested constitutional
property rights, any administrative or judicial determination
after the date of enactment of this Act concerning backpay
for a differential established under sections 5343(c)(4) or
5545(d) of such title shall be based on occupational safety
and health standards described in the amendments made by
subsections (a) and (b).

SEC. 1104. CONTINUATION OF FEDERAL EMPLOYEE HEALTH BENEFITS
PROGRAM ELIGIBILITY.

Paragraph (4)(B) of section 8905a(d) of title 5, United
States Code, is amended--
(1) in clause (i), by striking ``2003'' and inserting
``2006''; and
(2) in clause (ii)--
(A) by striking ``2004'' and inserting ``2007''; and
(B) by striking ``2003'' and inserting ``2006''.

SEC. 1105. TRIENNIAL FULL-SCALE FEDERAL WAGE SYSTEM WAGE
SURVEYS.

Section 5343(b) of title 5, United States Code, is
amended--
(1) in the first sentence, by striking ``2 years'' and
inserting ``3 years''; and
(2) in the second sentence, by striking the period at the
end and inserting ``, based on criteria developed by the
Office.''.

SEC. 1106. CERTIFICATION FOR DEPARTMENT OF DEFENSE
PROFESSIONAL ACCOUNTING POSITIONS.

(a) In General.--(1) Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1599d. Professional accounting positions: authority to
prescribe certification and credential standards

``(a) Authority To Prescribe Professional Certification
Standards.--The Secretary of Defense may prescribe
professional certification and credential standards for
professional accounting positions within the Department of
Defense. Any such standard shall be prescribed as a
Department of Defense regulation.
``(b) Waiver Authority.--The Secretary may waive any
standard prescribed under subsection (a) whenever the
Secretary determines such a waiver to be appropriate.
``(c) Applicability.--A standard prescribed under
subsection (a) shall not apply to any person employed by the
Department of Defense before the standard is prescribed.
``(d) Report.--The Secretary of Defense shall submit to
Congress a report on the Secretary's plans to provide
training to appropriate Department of Defense personnel to
meet any new professional and credential standards prescribed
under subsection (a). Such report shall be prepared in
conjunction with the Director of the Office of Personnel
Management. Such a report shall be submitted not later than
one year after the effective date of any regulations, or any
revision to regulations, prescribed pursuant to subsection
(a).
``(e) Definition.--In this section, the term `professional
accounting position' means a position or group of positions
in the GS-510, GS-511, and GS-505 series that involves
professional accounting work.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``1599d. Professional accounting positions: authority to establish
certification and credential standards.''.
(b) Effective Date.--Standards established pursuant to
section 1599d of title 10, United States Code, as added by
subsection (a), may take effect no sooner than 120 days after
the date of the enactment of this Act.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.

SEC. 1202. STRENGTHENING THE DEFENSE OF TAIWAN.

(a) Implementation of Training Plan.--Not later than 180
days after the date of enactment of this Act, the Secretary
of Defense shall implement a comprehensive plan to conduct
joint operational training for, and exchanges of senior
officers between, the Armed Forces of the United States and
the military forces of Taiwan. Such plan shall include
implementation of a wide range of programs, activities,
exercises, and arrangements focused on threat analysis,
military doctrine, force planning, logistical support,
intelligence collection and analysis, operational tactics,
techniques, and procedures, civil-military relations, and
other subjects designed to improve the defensive capabilities
of Taiwan and to enhance interoperability between the
military forces of Taiwan and the Armed Forces of the United
States.
(b) Submission to Congress.--At least 30 days before
commencing implementation of the plan described in subsection
(a), the Secretary of Defense shall submit the plan to
Congress, in classified and unclassified form as necessary.

SEC. 1203. ADMINISTRATIVE SERVICES AND SUPPORT FOR FOREIGN
LIAISON OFFICERS.

(a) Authority.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2350m. Administrative services and support for foreign
liaison officers

``(a) Authority To Provide Services and Support.--The
Secretary of Defense may provide administrative services and
support for foreign liaison officers performing duties while
such officers temporarily are assigned to components or
commands of the armed forces. Such administrative services
and support may include base or installation operation
support services, office space, utilities, copying services,
fire and police protection, and computer support. The
Secretary may provide such administrative services and
support with or without reimbursement, as the Secretary
considers appropriate.
``(b) Expiration of Authority.--The authority under this
section shall expire on September 30, 2005.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``2350m. Administrative services and support for foreign liaison
officers.''.
(c) Report.--Not later than March 1, 2005, the Secretary of
Defense shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a report
describing, as of the date of submission of the report--
(1) the number of foreign liaison officers for which
support has been provided under section 2350m of title 10,
United States Code (as added by subsection (a));
(2) the countries from which such foreign liaison officers
are or were assigned;
(3) the type of support provided, the duration for which
the support was provided, and the reasons the support was
provided; and
(4) the costs to the Department of Defense and the United
States of providing such support.

SEC. 1204. ADDITIONAL COUNTRIES COVERED BY LOAN GUARANTEE
PROGRAM.

Section 2540 of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(5) A country that, as determined by the Secretary of
Defense in consultation with the Secretary of State, assists
in combatting drug trafficking organizations or foreign
terrorist organizations.''; and
(2) by adding at the end the following new subsection:
``(d) Report.--The Secretary of Defense and the Secretary
of State, whenever the Secretaries consider such action to be
warranted, shall jointly submit to the Committees on Armed
Services and Foreign Relations of the Senate and the
Committees on

[[Page H5580]]

Armed Services and International Relations of the House of
Representatives a report enumerating those countries to be
added or removed under subsection (b).''.

SEC. 1205. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE
CENTER IN MOSCOW.

(a) Limitation.--Not more than 50 percent of the funds made
available to the Department of Defense for fiscal year 2003
for activities associated with the Joint Data Exchange Center
in Moscow, Russia, may be obligated or expended for any such
activity 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. 1206. 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.
(5) A member of the Armed Forces making a port call from a
military vessel in Colombia.
(c) Waiver.--The Secretary of Defense may waive the
limitation in subsection (a) if he determines that such
waiver is in the national security interest.
(d) Notification.--The Secretary shall notify the
congressional defense committees not later 15 days after the
date of the exercise of the waiver authority under subsection
(c).

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.

(a) Funding for Specific Purposes.--Of the $416,700,000
authorized to be appropriated to the Department of Defense
for fiscal year 2003 in section 301(23) for Cooperative
Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$70,500,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,500,000.
(3) For nuclear weapons transportation security in Russia,
$19,700,000.
(4) For nuclear weapons storage security in Russia,
$39,900,000.
(5) For activities designated as Other Assessments/
Administrative Support, $14,700,000.
(6) For defense and military contacts, $18,900,000.
(7) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $9,000,000.
(8) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $8,800,000.
(9) For chemical weapons destruction in Russia,
$50,000,000.
(10) For biological weapons facility dismantlement in the
States of the former Soviet Union $11,500,000.
(11) For biological weapons facility security and safety in
the States of the former Soviet Union, $34,800,000.
(12) For biological weapons collaborative research in the
States of the former Soviet Union, $8,700,000.
(13) For personnel reliability programs in Russia,
$100,000.
(14) For weapons of mass destruction proliferation
prevention in the States of the former Soviet Union,
$40,000,000.
(b) Additional Funds Authorized for Certain Purposes.--Of
the funds authorized to be appropriated to the Department of
Defense for fiscal year 2003 in section 301(23) for
Cooperative Threat Reduction programs, $83,600,000 may be
obligated for any of the purposes specified in paragraphs (1)
through (4) and (9) of subsection (a) in addition to the
amounts specifically authorized in such paragraphs.
(c) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2003 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (14) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2003 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(d) 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 2003 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose (including amounts
authorized under subsection (b)).
(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 any
of paragraphs (5) through (13) 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 2003 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 2002
under section 1308(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-341); and
(2) the update for the multiyear plan required to be
submitted for fiscal year 2001 under section 1205 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 22 U.S.C. 5952 note).

SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES
CARRIED OUT UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.

Section 1308(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-341) is amended by
inserting at the end the following new paragraph:
``(6) To the maximum extent practicable, a description of
how revenue generated by activities carried out under
Cooperative Threat Reduction programs in recipient States is
being utilized, monitored, and accounted for.''.

SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING
OF FISSILE MATERIAL STORAGE FACILITY.

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.

SEC. 1306. SENSE OF CONGRESS AND REPORT REQUIREMENT REGARDING
RUSSIAN PROLIFERATION TO IRAN.

(a) Sense of Congress.--It is the sense of Congress that--
(1) Russian proliferation to Iran constitutes a clear
threat to the national security and vital interests of the
United States and undermines the purpose and goals of
Cooperative Threat Reduction programs;

[[Page H5581]]

(2) such proliferation consists primarily of nuclear and
missile technology, goods, and know-how, and dual-use items
that could contribute to the development of weapons of mass
destruction and ballistic missiles;
(3) because of ongoing Russian assistance, the intelligence
community estimates that Iran could attempt to launch an
intercontinental ballistic missile by 2005, and could possess
a nuclear weapon by 2010;
(4) Russian proliferation is providing Iran with the
capability to strike United States military forces,
interests, allies, and friends in the region with weapons-of-
mass-destruction-tipped ballistic missiles;
(5) the issue of Russian proliferation to Iran has been
raised by United States officials at the highest levels of
the Russian Government;
(6) Iran has long been identified as a State sponsor of
terrorism by the United States because of its support of
foreign terrorist organizations, and the combination of
terrorist organizations and weapons of mass destruction
constitutes a grave threat to the national security of the
United States;
(7) Russian proliferation to Iran raises serious questions
regarding the intentions of the Russian Government, and its
commitment to nonproliferation and improved relations with
the United States;
(8) Russian proliferation to Iran could undermine
Congressional support for Cooperative Threat Reduction
programs; and
(9) the President must safeguard United States national
security and demonstrate United States resolve and commitment
to stopping the proliferation of weapons of mass destruction
and ballistic missiles through clear, firm, and coherent
policies and strategies that employ the full range of
diplomatic and economic tools at his disposal, both positive
and negative, to halt the serious and continuing problem of
Russian proliferation.
(b) Report.--Not later than March 15 of 2003 through 2009,
the President shall submit to Congress a report (in
unclassified and classified form as necessary) describing in
detail Russian proliferation of weapons of mass destruction
and ballistic missile goods, technology, and know-how, and of
dual-use items that may contribute to the development of
weapons of mass destruction and ballistic missiles, to Iran
and to other countries during the year preceding the year in
which the report is submitted. The report shall include--
(1) a net assessment prepared by the Office of Net
Assessment of the Department of Defense; and
(2) a detailed description of the following:
(A) The number, type, and quality of direct and dual-use
weapons of mass destruction and ballistic missile goods,
items, and technology being transferred.
(B) The form, location, and manner in which such transfers
take place.
(C) The contribution that such transfers could make to the
recipient States' weapons of mass destruction and ballistic
missile programs, and how soon such States will test,
possess, and deploy weapons of mass destruction and ballistic
missiles.
(D) The impact that such transfers have, or could have, on
United States national security, on regional friends, allies,
and interests, and on United States military forces deployed
in the region to which such transfers are being made.
(E) The actions being taken by the United States to counter
and defend against capabilities developed by the recipient
States as a result of such transfers.
(F) The strategy, plan, or policy incorporating the full
range of policy tools available that the President intends to
employ to halt Russian proliferation, the rationale for
employing such tools, and the timeline by which the President
expects to see material progress in ending Russian
proliferation of direct and dual-use weapons of mass
destruction and missile goods, technologies, and know-how.

SEC. 1307. PROHIBITION AGAINST USE OF COOPERATIVE THREAT
REDUCTION FUNDS OUTSIDE THE STATES OF THE
FORMER SOVIET UNION.

No Cooperative Threat Reduction funds authorized or
appropriated for any fiscal year may be used for threat
reduction projects, programs, or activities in countries
other than the States of the former Soviet Union.

SEC. 1308. LIMITED WAIVER OF RESTRICTION ON USE OF FUNDS.

(a) Waiver Authority.--(1) The restriction described in
subsection (d)(5) of section 1203 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1779; 22 U.S.C. 5952) shall not apply with respect
to United States assistance to Russia if the President
submits to Congress a written certification that waiving the
restriction is important to the national security interests
of the United States.
(2) The authority under paragraph (1) shall expire on
December 31, 2005.
(b) Report.--Not later than 30 days after the date that the
President applies the waiver authority under subsection (a),
the President shall submit to Congress a report (in
classified and unclassified form as necessary) describing--
(1) the arms control agreements with which Russia is not
committed to complying, the form or forms of noncommittal,
and detailed evidence of such noncommittal;
(2) why use of the waiver of authority was important to
protect national security interests; and
(3) a strategy, plan, or policy incorporating the full
range of policy tools available to the President for
promoting Russian commitment to, and compliance with, all
relevant arms control agreements.

SEC. 1309. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
REPORT ON DEFENSE AND MILITARY CONTACTS
ACTIVITIES.

Not more than 50 percent of fiscal year 2003 Cooperative
Threat Reduction Funds may be obligated or expended for
defense and military contacts activities until the Secretary
of Defense submits to Congress a report describing in detail
the operation and success of such activities carried out
under Cooperative Threat Reduction programs during fiscal
years 2001 and 2002. Such report shall include a description
of--
(1) the amounts obligated or expended for such activities;
(2) the purposes, goals, and objectives for which such
amounts were obligated and expended;
(3) a description of the activities carried out, including
the forms of assistance provided, and the justification for
each form of assistance provided;
(4) the success of each activity, including the goals and
objectives achieved for each;
(5) a description of participation by private sector
entities in the United States in carrying out such
activities, and the participation of any other Federal
department or agency in such activities; and
(6) any other information that the Secretary considers
relevant to provide a complete description of the operation
and success of activities carried out under Cooperative
Threat Reduction programs.

TITLE XIV--UTAH TEST AND TRAINING RANGE

SEC. 1401. DEFINITION OF UTAH TEST AND TRAINING RANGE.

In this title, the term ``Utah Test and Training Range''
means those portions of the military operating area of the
Utah Test and Training Area located solely in the State of
Utah. The term includes the Dugway Proving Ground.

SEC. 1402. MILITARY OPERATIONS AND OVERFLIGHTS AT UTAH TEST
AND TRAINING RANGE.

(a) Findings.--The Congress finds the following:
(1) The testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States.
(2) The Utah Test and Training Range is a unique and
irreplaceable national asset at the core of the test and
training mission of the Department of Defense.
(3) Areas designated as wilderness study areas are located
near lands withdrawn for military use and are beneath special
use airspace critical to the support of military test and
training missions at the Utah Test and Training Range.
(4) Continued unrestricted access to the special use
airspace and lands that comprise the Utah Test and Training
Range is a national security priority and is not incompatible
with the protection and proper management of the natural,
environmental, cultural, and other resources of such lands.
(b) Overflights.--(1) Nothing in this title, the Wilderness
Act (16 U.S.C. 1131 et seq.), or other land management laws
generally applicable to federally designated wilderness areas
or wilderness study areas in the Utah Test and Training Range
shall restrict or preclude low-level overflights, low-level
military overflights and operations of military aircraft,
helicopters, unmanned aerial vehicles, military overflights
or military overflights and operations that can be seen or
heard within those areas.
(2) Paragraph (1) precludes any restriction regarding
altitude or airspeed, noise level, supersonic flight, route
of flight, time of flight, seasonal usage, or numbers of
flights of any military aircraft, helicopters, unmanned
aerial vehicles, missiles, aerospace vehicles, and other
military weapons systems over federally designated wilderness
areas or wilderness study areas in the Utah Test and Training
Range.
(3) In this subsection, the term ``low-level'' includes any
flight down to and including 10 feet above ground level.
(c) Special Use Airspace and Training Routes.--Nothing in
this title, the Wilderness Act, or other land management laws
generally applicable to federally designated wilderness areas
or wilderness study areas in the Utah Test and Training Range
shall restrict or preclude the designation of new units of
special use airspace, the expansion of existing units of
special use airspace, or the use or establishment of military
training routes over federally designated wilderness areas or
wilderness study areas in the Utah Test and Training Range.
(d) Communications and Tracking Systems.--Nothing in this
title, the Wilderness Act, or other land management laws
generally applicable to federally designated wilderness areas
or wilderness study areas in the Utah Test and Training Range
shall be construed to require the removal of existing
communications, instrumentation, or electronic tracking
systems from these areas, to prevent any required maintenance
of such systems, or to prevent the installation of new
communication, instrumentation, or other equipment necessary
for effective testing and training to meet military
requirements so long as the installation and maintenance of
such systems do not require construction of any permanent
roads in any federally designated wilderness area or
wilderness study area.
(e) Emergency Access and Response.--(1) Nothing in this
title, the Wilderness Act, or

[[Page H5582]]

other land management laws generally applicable to federally
designated wilderness areas or wilderness study areas in the
Utah Test and Training Range shall restrict or preclude
timely access to any area necessary to respond to emergency
situations. Immediate access, including access for emergency
and rescue vehicles and equipment, shall not be restricted if
human life or health may be in jeopardy.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary of the Air Force and the Secretary
of Interior shall enter into a memorandum of understanding
providing formal procedures for access to the federally
designated wilderness areas or wilderness study areas that
are located beneath airspace of the Utah Test and Training
Range, which may be necessary to respond to emergency
situations, to rescue downed aircrew members, to investigate
accident locations, to recover military aircraft or other
weapons systems, and to restore accident locations. Military
operations in the Utah Test and Training Range shall not be
limited or restricted in any way pending completion of the
memorandum of understanding.
(f) Control or Restriction of Public Access.--(1) When
required by national security or public safety, public access
to federally designated wilderness areas or wilderness study
areas in the Utah Test and Training Range that are located
beneath airspace designated as special use airspace may be
controlled, restricted, or prohibited entirely. Such
controls, restrictions, or prohibitions shall remain in force
for the minimum duration necessary. The Secretary of the Air
Force shall provide advance notice of such controls,
restrictions, or prohibitions to the Secretary of the
Interior.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary of the Air Force and the Secretary
of Interior shall enter into a memorandum of understanding
prescribing procedures for implementing access controls,
restrictions, or prohibitions. Military operations in the
Utah Test and Training Range shall not be limited or
restricted in any way pending completion of the memorandum of
understanding.

SEC. 1403. DESIGNATION AND MANAGEMENT OF LANDS IN UTAH TEST
AND TRAINING RANGE.

(a) Designation.--The following Federal lands that are in
the Utah Test and Training Range are hereby designated as
wilderness:
(1) Those lands that were managed pursuant to the
nonimpairment standard set forth in section 603(c) of Public
Law 94-579 (43 U.S.C. 1782(c)) on or before January 1, 1991.
(2) Those lands that were acquired by the United States
through donation, exchange, or other method of acquisition
and--
(A) are located entirely within the areas identified in
paragraph (1); or
(B) are located within a logical extension of the
boundaries of the areas identified in paragraph (1).
(b) Planning Process for Federal Lands in Utah Test and
Training Range.--(1) The Secretary of the Interior shall not
continue the plan amendment process initiated pursuant to
section 202 of Public Law 94-579 (43 U.S.C. 1712) and
published in the Federal Register on March 18, 1999 (64 Fed.
Reg. 13439), for Federal lands located in the Utah Test and
Training Range.
(2) The Secretary of the Interior shall not develop,
maintain, or revise land use plans pursuant to section 202 of
Public Law 94-579 (43 U.S.C. 1712) for Federal lands located
in the Utah Test and Training Range without the prior
concurrence of the Secretary of the Air Force and the
Commander-in-Chief of the military forces of the State of
Utah.
(c) Withdrawal.--Subject to valid existing rights, the
Federal lands in the areas designated as wilderness by this
title are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws, from
location, entry, and patent under the United States mining
laws, and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments to such laws.
(d) Water.--Nothing in this title or any action taken
pursuant to this title shall constitute an express or implied
reservation of surface or groundwater by any person,
including the United States. Nothing in this title affects
any valid existing water rights in existence before the date
of the enactment of this Act, including any water rights held
by the United States. If the United States determines that
additional water resources are needed for the purposes of
this title, the United States shall acquire such rights in
accordance with the water laws of the State of Utah.
(e) Map and Description.--(1) As soon as practicable after
the date of the enactment of this title, the Secretary of
Interior shall transmit a map and legal description of the
areas designated as wilderness by this title to the Committee
on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) The map and legal description shall have the same force
and effect as if included in this title, except that the
Secretary of Interior may correct clerical and typographical
errors in the map and legal description.
(3) The map and legal description shall be on file and
available for public inspection in the office of the Director
of the Bureau of Land Management and the office of the State
Director of the Bureau of Land Management in the State of
Utah.
(f) Administration.--(1) Subject to valid existing rights
and this title, the areas designated as wilderness in this
title shall be administered by the Secretary of Interior in
accordance with the provisions of the Wilderness Act, except
that any reference in such provisions to the effective date
of the Wilderness Act (or any similar reference) shall be
deemed to be a reference to the date of the enactment of this
Act.
(2) Any lands or interest in lands within the boundaries of
an area designated as wilderness by this title that is
acquired by the United States after the date of the enactment
of this Act shall be added to and administered as part of the
wilderness area within which the acquired lands or interest
in lands are located.
(3) The Secretary of the Interior may offer to acquire
lands and interest in lands located within the areas
designated as wilderness by this title. Such lands may be
acquired at fair market value under this subsection by
purchase from willing sellers, by exchange for lands of
approximately equal value, or by donation.
(4) In furtherance of the purposes and principles of the
Wilderness Act, management activities to maintain or restore
fish and wildlife populations and the habitats to support
such populations may be carried out within the areas
designated as wilderness by this title where consistent with
relevant wilderness management plans, in accordance with
appropriate policies and guidelines such as those set forth
in appendix B of the Report of the Committee on Interior and
Insular Affairs to accompany H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(5) Within the areas designated as wilderness by this
title, the grazing of livestock, where established before the
date of the enactment of this Act, shall be permitted to
continue subject to such reasonable regulations, policies,
and practices as the Secretary of the Interior considers
necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of
Congress regarding grazing in such areas, as such intent is
expressed in the Wilderness Act, section 101(f) of Public Law
101-628, and House Report 101-405, Appendix A.
(6) Congress does not intend for the designation of the
wilderness in this title to lead to the creation of
protective perimeters or buffer zones around any area
designated as wilderness by this title. The fact that
nonwilderness activities or uses can be seen or heard within
the areas designated as wilderness by this title shall not,
of itself, preclude such activities or uses up to the
boundary of that wilderness.
(7) Until completion of a full revision of the Pony Express
Area Resource Management Plan, dated January 12, 1990, by the
Salt Lake Field Office of the Bureau of Land Management, the
Secretary of Interior shall not grant or issue any
authorizations pursuant to section 501(a)(6) of Public Law
94-579 (43 U.S.C. 1761(a)(6)) upon Federal lands identified
as inventory units UTU-020-088, UTU-020-095, UTU-020-096, and
UTU-020-100, as generally depicted on the map entitled
``Wilderness Inventory, State of Utah'', dated August 1979.

SEC. 1404. DESIGNATION OF PILOT RANGE WILDERNESS.

Certain Federal lands in Box Elder County, Utah, as
generally depicted on the map entitled ``Pilot Range
Wilderness'', and dated October 1, 2001, are hereby
designated as wilderness, and shall be known as the Pilot
Range Wilderness Area.

SEC. 1405. DESIGNATION OF CEDAR MOUNTAIN WILDERNESS.

Certain Federal lands in Tooele County, Utah, as generally
depicted on the map entitled ``Cedar Mountain Wilderness'',
and dated May 1, 2002, are hereby designated as wilderness,
and shall be known as the Cedar Mountain Wilderness Area.

TITLE XV--COST OF WAR AGAINST TERRORISM AUTHORIZATION

SEC. 1501. SHORT TITLE.

This title may be cited as the ``Cost of War Against
Terrorism Authorization Act of 2002''.

SEC. 1502. AMOUNTS AUTHORIZED FOR THE WAR ON TERRORISM.

The amounts authorized to be appropriated in this title,
totalling $10,000,000,000, are authorized for the conduct of
operations in continuation of the war on terrorism in
accordance with the Authorization for Use of Military Force
(Public Law 107-40; 50 U.S.C. 1541 note) and, to the extent
appropriations are made pursuant to such authorizations,
shall only be expended in a manner consistent with the
purposes stated in section 2(a) thereof.

SEC. 1503. ADDITIONAL AUTHORIZATIONS

The amounts authorized to be appropriated by this title are
in addition to amounts authorized to be appropriated for
military functions of the Department of Defense for fiscal
year 2003 in the other provisions of this Act or any other
Act.

Subtitle A--Authorization of Appropriations

PART I--AUTHORIZATIONS TO TRANSFER ACCOUNTS

SEC. 1511. WAR ON TERRORISM OPERATIONS FUND.

(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Department of Defense
for fiscal year 2003 the amount of $3,544,682,000, to be
available only for operations in accordance with the purposes
stated in section 1502 for Operation Noble Eagle and
Operation Enduring Freedom. Funds authorized in the preceding
sentence may only be used as provided in subsection (b).

[[Page H5583]]

(b) Transfer Authority.--Subject to section 1503, the
Secretary of Defense may, in the Secretary's discretion,
transfer amounts authorized in subsection (a) to any fiscal
year 2003 military personnel or operation and maintenance
account of the Department of Defense for the purposes stated
in that subsection.

SEC. 1512. WAR ON TERRORISM EQUIPMENT REPLACEMENT AND
ENHANCEMENT FUND.

(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Department of Defense
for fiscal year 2003 the amount of $1,000,000,000, to be
available only in accordance with the purposes stated in
section 1502 and to be used only as provided in subsection
(b).
(b) Transfer Authority.--Subject to section 1513, the
Secretary of Defense may, in the Secretary's discretion,
transfer amounts authorized in subsection (a) to any fiscal
year 2003 procurement or research, development, test, and
evaluation account of the Department of Defense for the
purpose of--
(1) emergency replacement of equipment and munitions lost
or expended in operations conducted as part of Operation
Noble Eagle or Operation Enduring Freedom; or
(2) enhancement of critical military capabilities necessary
to carry out operations pursuant to Public Law 107-40.

SEC. 1513. GENERAL PROVISIONS APPLICABLE TO TRANSFERS.

(a) In General.--Amounts transferred pursuant to section
1511(b) or 1512(b) shall be merged with, and available for
the same purposes and the same time period as, the account to
which transferred.
(b) Congressional Notice-and-Wait Requirement.--A transfer
may not be made under section 1511(b) or 1512(b) until the
Secretary of Defense has submitted a notice in writing to the
Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives of
the proposed transfer and a period of 15 days has elapsed
after the date such notice is received. Any such notice shall
include specification of the amount of the proposed transfer,
the account to which the transfer is to be made, and the
purpose of the transfer.
(c) Transfer Authority Cumulative.--The transfer authority
provided by this subtitle is in addition to any other
transfer authority available to the Secretary of Defense
under this Act or any other Act.

PART II--AUTHORIZATIONS TO SPECIFIED ACCOUNTS

SEC. 1521. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for procurement accounts of the Army in amounts as
follows:
(1) For ammunition, $94,000,000.
(2) For other procurement, $10,700,000.

SEC. 1522. NAVY AND MARINE CORPS PROCUREMENT.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2003 for procurement accounts for the Navy in
amounts as follows:
(1) For aircraft, $106,000,000.
(2) For weapons, including missiles and torpedoes,
$633,000,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2003 for the procurement account
for the Marine Corps in the amount of $25,200,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2003 for the
procurement account for ammunition for the Navy and the
Marine Corps in the amount of $120,600,000.

SEC. 1523. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for procurement accounts for the Air Force in
amounts as follows:
(1) For aircraft, $214,550,000.
(2) For ammunition, $157,900,000.
(3) For other procurement, $10,800,000.

SEC. 1524. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the procurement account for Defense-wide
procurement in the amount of $620,414,000.

SEC. 1525. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the research, development, test, and evaluation
account for Defense-wide activities in the amount of
$390,100,000.

SEC. 1526. CLASSIFIED ACTIVITIES.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2003 for unspecified
intelligence and classified activities in the amount of
$1,980,674,000, of which--
(1) $1,618,874,000 is authorized to be appropriated to
procurement accounts;
(2) $301,600,000 is authorized to be appropriated to
operation and maintenance accounts; and
(3) $60,200,000 is authorized to be appropriated to
research, development, test, and evaluation accounts.

SEC. 1527. GLOBAL INFORMATION GRID SYSTEM.

None of the funds authorized to be appropriated by this Act
for the Department of Defense system known as the Global
Information Grid may be obligated until the Secretary of
Defense submits to the Committees on Armed Services and the
Committees on Appropriations of the Senate and House of
Representatives the Secretary's certification that the end-
to-end system is secure and protected from unauthorized
access to the information transmitted through the system.

SEC. 1528. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal
year 2003 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $14,270,000.
(2) For the Navy, $5,252,500.
(3) For the Marine Corps, $11,396,000.
(4) For the Air Force, $517,285,000.

SEC. 1529. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2003 a total of $503,100,000.

PART III--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 1531. AUTHORIZED MILITARY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Projects Authorized.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b), the Secretary of the military department concerned may
acquire real property and carry out military construction
projects for the installations and locations, and in the
amounts, set forth in the following table:

Projects Authorized
------------------------------------------------------------------------
Installation or
Military Department location Amount
------------------------------------------------------------------------
Department of the Army......... Qatar.................. $8,600,000
Department of the Navy......... Naval Station, $4,280,000
Guantanamo Bay, Cuba..
Naval Station, Rota, $18,700,000
Spain.................
Department of the Air Force.... Bolling Air Force Base, $3,500,000
District of Columbia..
---------------
Total................ $35,080,000
------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2003 for the
military construction projects authorized by subsection (a)
in the total amount of $35,080,000.

Subtitle B--Wartime Pay and Allowance Increases

SEC. 1541. INCREASE IN RATE FOR FAMILY SEPARATION ALLOWANCE.

Section 427(a)(1) of title 37, United States Code, is
amended by striking ``$100'' and inserting ``$125''.

SEC. 1542. INCREASE IN RATES FOR VARIOUS HAZARDOUS DUTY
INCENTIVE PAYS.

(a) Flight Pay for Crew Members.--Subsection (b) of section
301 of title 37, United States Code, is amended by striking
the table and inserting the following new table:

``Pay grade: Monthly Rate
O-10............................................................$200
O-9.............................................................$200
O-8.............................................................$200
O-7.............................................................$200
O-6.............................................................$300
O-5.............................................................$300
O-4.............................................................$275
O-3.............................................................$225
O-2.............................................................$200
O-1.............................................................$200
W-5.............................................................$300
W-4.............................................................$300
W-3.............................................................$225
W-2.............................................................$200
W-1.............................................................$200
E-9.............................................................$290
E-8.............................................................$290
E-7.............................................................$290
E-6.............................................................$265
E-5.............................................................$240
E-4.............................................................$215
E-3.............................................................$200
E-2.............................................................$200
E-1...........................................................$200''.

(b) Incentive Pay for Parachute Jumping Without Static
Line.--Subsection (c)(1) of such section is amended by
striking ``$225'' and inserting ``$275''.
(c) Other Hazardous Duties.--Subsection (c)(1) of such
section is amended by striking ``$150'' and inserting
``$200''.
(d) Removal of Air Weapons Controller Crew Members From
List of Hazardous Duties.--Such section is further amended--
(1) in subsection (a)--
(A) by striking paragraph (12);
(B) in paragraph (11), by striking ``; or'' and inserting a
period; and
(C) in paragraph (10), by inserting ``or'' after the
semicolon; and

[[Page H5584]]

(2) in subsection (c), as amended by subsections (b) and
(c) of this section--
(A) by striking ``(1)''; and
(B) by striking paragraph (2).

SEC. 1543. INCREASE IN RATE FOR DIVING DUTY SPECIAL PAY.

Section 304(b) of title 37, United States Code, is
amended--
(1) by striking ``$240'' and inserting ``$290''; and
(2) by striking ``$340'' and inserting ``$390''.

SEC. 1544. INCREASE IN RATE FOR IMMINENT DANGER PAY.

Section 310(a) of title 37, United States Code, is amended
by striking ``$150'' and inserting ``$250''.

SEC. 1545. INCREASE IN RATE FOR CAREER ENLISTED FLYER
INCENTIVE PAY.

The table in section 320(d) of title 37, United States
Code, is amended to read as follows:

``Years of aviation service Monthly rate
4 or less...................................................$200 ....

Over 4......................................................$275 ....

Over 8......................................................$400 ....

Over 14...................................................$450''.....

SEC. 1546. INCREASE IN AMOUNT OF DEATH GRATUITY.

Section 1478(a) of title 10, United States Code, is amended
by striking ``$6,000'' and inserting ``$12,000''.

SEC. 1547. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), the
amendments made by this title shall take effect on the later
of the following:
(1) The first day of the first month beginning on or after
the date of the enactment of this Act.
(2) October 1, 2002.
(b) Death Gratuity.--The amendment made by section 1546
shall apply with respect to a person covered by section 1475
or 1476 of title 10, United States Code, whose date of death
occurs on or after the later of the following:
(1) The date of the enactment of this Act.
(2) October 1, 2002.

Subtitle C--Additional Provisions

SEC. 1551. ESTABLISHMENT OF AT LEAST ONE WEAPONS OF MASS
DESTRUCTION CIVIL SUPPORT TEAM IN EACH STATE.

(a) Findings.--Congress makes the following findings:
(1) Weapons of Mass Destruction Civil Support Teams are
strategic assets, stationed at the operational level, as an
immediate response capability to assist local responders in
the event of an emergency within the United States involving
use or potential use of weapons of mass destruction.
(2) Since September 11 2001, Civil Support Teams have
responded to more than 200 requests for support from civil
authorities for actual or potential weapons of mass
destruction incidents and have supported various national
events, including the World Series, the Super Bowl, and the
2002 Winter Olympics.
(3) To enhance homeland security as the Nation fights the
war against terrorism, each State and territory must have a
Weapons of Mass Destruction Civil Support Team to respond to
potential weapons of mass destruction incidents.
(4) In section 1026 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 as passed the House of
Representatives on May 10, 2002 (H.R. 4546 of the 107th
Congress), the House of Representatives has already taken
action to that end by expressing the sense of Congress that
the Secretary of Defense should establish 23 additional
Weapons of Mass Destruction Civil Support Teams in order to
provide at least one such team in each State and territory.
(5) According to a September 2001 report of the Comptroller
General entitled ``Combating Terrorism'', the Department of
Defense plans that there eventually should be a Weapons of
Mass Destruction Civil Support Teams in each State,
territory, and the District of Columbia.
(b) Requirement.--From funds authorized to be appropriated
in section 101, the Secretary of Defense shall ensure that
there is established at least one Weapons of Mass Destruction
Civil Support Team in each State.
(c) Definitions.--For purposes of this section:
(1) The term ``Weapons of Mass Destruction Civil Support
Team'' means a team of members of the reserve components of
the armed forces that is established under section 12310(c)
of title 10, United States Code, in support of emergency
preparedness programs to prepare for or to respond to any
emergency involving the use of a weapon of mass destruction.
(2) The term ``State'' includes the District of Columbia,
Puerto Rico, the Virgin Islands, and Guam.
(d) Deadline for Implementation.--The Secretary of Defense
shall ensure that subsection (b) is fully implemented not
later than September 30, 2003.

SEC. 1552. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT
TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.

(a) Authority.--A joint task force of the Department of
Defense that provides support to law enforcement agencies
conducting counter-drug activities may also provide,
consistent with all applicable laws and regulations, support
to law enforcement agencies conducting counter-terrorism
activities.
(b) Conditions.--Any support provided under subsection (a)
may only be provided in the geographic area of responsibility
of the joint task force.
(c) Funds.--Funds are hereby authorized to be appropriated
for fiscal year 2003 in the amount of $5,000,000 to provide
support for counter-terrorism activities in accordance with
subsections (a) and (b).

SEC. 1553. SENSE OF CONGRESS ON ASSISTANCE TO FIRST
RESPONDERS.

It is the sense of Congress that the Secretary of Defense
should, to the extent the Secretary determines appropriate,
use funds provided in this Act to assist, train, and equip
local fire and police departments that would be a first
responder to a domestic terrorist incident that may come
about in connection with the continued fight to prosecute the
war on terrorism.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2003''.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $1,900,000
Fort Rucker................................ $3,050,000
Redstone Arsenal........................... $1,950,000
Alaska.......................................... Fort Wainwright............................ $111,010,000
Arizona......................................... Fort Huachuca.............................. $10,400,000
Yuma Proving Ground........................ $4,500,000
Arkansas........................................ Pine Bluff Arsenal......................... $18,937,000
California...................................... Monterey Defense Language Institute........ $1,500,000
Colorado........................................ Fort Carson................................ $5,350,000
District of Columbia............................ Walter Reed Army Medical Center............ $9,950,000
Georgia......................................... Fort Benning............................... $74,250,000
Fort Stewart/Hunter Army Air Field......... $26,000,000
Hawaii.......................................... Schofield Barracks......................... $191,000,000
Kansas.......................................... Fort Leavenworth........................... $3,150,000
Fort Riley................................. $51,950,000
Kentucky........................................ Blue Grass Army Depot...................... $5,500,000
Fort Campbell.............................. $106,300,000
Louisiana....................................... Fort Polk.................................. $31,000,000
Maryland........................................ Fort Detrick............................... $22,500,000
Massachusetts................................... Natick Research Development and Engineering $4,100,000
Center....................................
Missouri........................................ Fort Leonard Wood.......................... $15,500,000
New Jersey...................................... Picatinny Arsenal.......................... $7,500,000
New York........................................ Fort Drum.................................. $18,300,000
North Carolina.................................. Fort Bragg................................. $94,900,000
Pennsylvania.................................... Letterkenny Army Depot..................... $1,550,000
Texas........................................... Fort Bliss................................. $10,200,000

[[Page H5585]]

Fort Hood.................................. $85,000,000
Virginia........................................ Fort Lee................................... $5,200,000
Washington...................................... Fort Lewis................................. $53,800,000
------------------
Total.................................... $976,247,000
----------------------------------------------------------------------------------------------------------------

Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Belgium........................ Supreme Headquarters, $13,600,000
Allied Powers Europe..
Germany........................ Area Support Group, $17,200,000
Bamberg.
Campbell Barracks...... $8,300,000
Coleman Barracks....... $1,350,000
Darmstadt.............. $3,500,000
Grafenwoehr............ $69,866,000
Landstuhl.............. $2,400,000
Mannheim............... $42,000,000
Schweinfurt............ $2,000,000
Italy.......................... Vicenza................ $34,700,000
Korea.......................... Camp Carroll........... $20,000,000
Camp Castle............ $6,800,000
Camp Hovey............. $25,000,000
Camp Humphreys......... $36,000,000
Camp Henry............. $10,000,000
K16 Airfield........... $40,000,000
Yongsan................ $12,600,000
---------------
Total.................. $345,316,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright........... 38 Units.................. $17,752,000
Arizona................................. Yuma Proving Ground....... 33 Units.................. $6,100,000
Germany................................. Stuttgart................. 1 Unit.................... $990,000
Korea................................... Yongsan................... 10 Units.................. $3,100,000
---------------
Total:.................. $27,942,000
----------------------------------------------------------------------------------------------------------------

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $2,935,609,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $803,247,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $345,316,000.
(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, $21,550,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $158,796,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$278,426,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,122,274,000.
(7) For the construction of phase 3 of a barracks complex,
Butner Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the

[[Page H5586]]

Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001, as enacted into law by Public Law 106-398; 114
Stat. 1654A-389), $50,000,000.
(8) For the construction of phase 2 of a barracks complex,
D Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat.
1280), $21,000,000.
(9) For the construction of phase 2 of a barracks complex,
Nelson Boulevard, at Fort Carson, Colorado, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1280), as amended by section 2105 of this Act,
$42,000,000.
(10) For the construction of phase 2 of a basic combat
trainee complex at Fort Jackson, South Carolina, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1280), as amended by section 2105 of this Act,
$39,000,000.
(11) For the construction of phase 2 of a barracks complex,
17th and B Streets at Fort Lewis, Washington, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1280), $50,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $18,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Main
Post, at Fort Benning, Georgia);
(3) $100,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Capron Avenue, at Schofield Barracks, Hawaii);
(4) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex, Range
Road, at Fort Campbell, Kentucky); and
(5) $5,000,000 (the balance of the amount authorized under
section 2101(a) for a military construction project at Fort
Bliss, Texas).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (11) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $13,676,000,
which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and
military family housing support outside the United States and
savings resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2002 PROJECTS.

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $3,000,000
Station, Yuma.
California..................... Auxiliary Landing $6,150,000
Field, San Diego (San
Clemente Island).....
Marine Corps Air- $40,870,000
Ground Combat Center,
Twentynine Palms.....
Marine Corps Air $31,930,000
Station, Camp
Pendleton............
Marine Corps Air $12,210,000
Station, Miramar.....
Marine Corps Base, $64,040,000
Camp Pendleton.......
Marine Corps Logistics $4,450,000
Base, Barstow........
Naval Air Station, $35,855,000
Lemoore.
Naval Air Warfare $6,760,000
Center, Point Mugu,
San Nicholas Island..
Naval Air Weapons $10,100,000
Station, China Lake..
Naval Post Graduate $9,020,000
School, Monterey.....
Naval Station, San $12,210,000
Diego................
Connecticut.................... Naval Submarine Base, $7,880,000
New London...........
District of Columbia........... Marine Corps Barracks. $3,700,000
Naval District, $2,690,000
Washington.
Florida........................ Naval Air Base, $13,342,000
Jacksonville.
Naval Air Station, $990,000
Pensacola.
Naval School Explosive $6,350,000
Ordinance Detachment,
Eglin................
Naval Station, Mayport $1,900,000
Whiting Field........ $1,780,000
Georgia........................ Naval Submarine Base, $1,580,000
Kings Bay.
Hawaii......................... Naval Shipyard, Pearl $18,500,000
Harbor.
Naval Station, Pearl $14,690,000
Harbor.
Illinois....................... Naval Training Center, $93,190,000
Great Lakes.
Indiana........................ Crane Naval Surface $11,610,000
Weapons Station......
Maine.......................... Naval Shipyard, $15,200,000
Kittery-Portsmouth.
Maryland....................... Naval Air Facility, $9,680,000
Andrews Air Force
Base.................
United States Naval $1,800,000
Academy.
Mississippi.................... Naval Air Station, $2,850,000
Meridian.
Naval Construction $5,460,000
Battalion Center,
Gulfport.............
Naval Station, $16,160,000
Pascagoula.
Nevada......................... Naval Air Station, $4,010,000
Fallon.
New Jersey..................... Naval Weapons Center, $5,200,000
Lakehurst.
Naval Weapons Station $5,600,000
Earle, Colts Neck....
North Carolina................. Marine Corps Air $10,470,000
Station, Cherry Point.
Marine Corps Air $6,920,000
Station, New River.
Marine Corps Base, $9,570,000
Camp Lejeune.
Rhode Island................... Naval Station, Newport $6,870,000
South Carolina................. Marine Corps Air $13,700,000
Station, Beaufort....
Marine Corps Recruit $10,490,000
Depot, Parris Island.
Naval Weapons Station, $5,740,000
Charlestown..........
Texas.......................... Naval Air Station, $7,150,000
Corpus Christi.
Naval Air Station $8,850,000
Joint Reserve Base,
Fort Worth...........
Naval Air Station, $6,210,000
Kingsville.
Virginia....................... Dam Neck Fleet Combat $3,900,000
Training Center,
Atlantic.............
Little Creek Naval $9,770,000
Amphibious Base.
Marine Corps Combat $24,864,000
Development Command,
Quantico.............
Naval Air Station $16,490,000
Oceana.

[[Page H5587]]

Naval Shipyard, $19,660,000
Norfolk, Portsmouth.
Naval Station, Norfolk $171,505,000
Naval Surface Warfare $15,830,000
Center, Dahlgren.....
Naval Weapons Station, $15,020,000
Yorktown.
Washington..................... Naval Air Station, $17,580,000
Whidbey Island.
Keyport Naval Undersea $10,500,000
Warfare Command......
Naval Magazine, Indian $4,030,000
Island.
Naval Station, $45,870,000
Bremerton.
Naval Submarine Base, $22,310,000
Bangor.
Puget Sound Naval $57,132,000
Shipyard, Bremerton..
Strategic Weapons $7,340,000
Facility, Bangor.
Various Locations.............. Host Nation $1,000,000
Infrastructure.
----------------
Total............... $1,009,528,000
------------------------------------------------------------------------

Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Naval Support Activity, $25,970,000
Bahrain...............
Diego Garcia................... Diego Garcia, Naval $11,090,000
Support Facility......
Greece......................... Naval Support Activity, $14,800,000
Joint Headquarters
Command, Larissa......
Guam........................... Commander, United $13,400,000
States Naval Forces,
Guam..................
Iceland........................ Naval Air Station, $14,920,000
Keflavik.
Italy.......................... Naval Air Station, $55,660,000
Sigonella.
---------------
Total................ $135,840,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Naval Air Station, Lemoore 178 Units................. $40,981,000
Marine Corps Air-Ground 76 Units.................. $19,425,000
Combat Center, Twentynine
Palms....................
Connecticut............................. Naval Submarine Base, New 100 Units................. $24,415,000
London...................
Florida................................. Naval Station, Mayport.... 1 Unit.................... $329,000
Hawaii.................................. Marine Corps Base, Kaneohe 65 Units.................. $24,797,000
Bay......................
Maine................................... Naval Air Station, 26 Units.................. $5,800,000
Brunswick................
Mississippi............................. Naval Air Station, 56 Units.................. $9,755,000
Meridian.................
North Carolina.......................... Marine Corps Base, Camp 317 Units................. $43,650,000
LeJeune..................
Virginia................................ Marine Corps Base, 290 Units................. $41,843,000
Quantico.................
United Kingdom......................... Joint Maritime Facility, 62 Units.................. $18,524,000
St. Mawgan...............
---------------
Total................... $229,519,000
----------------------------------------------------------------------------------------------------------------

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,308,007,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $776,806,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $133,270,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $23,262,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $95,745,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$377,616,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $867,788,000.
(6) For replacement of a pier at Naval Station, Norfolk,
Virginia, authorized in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1287), as amended by
section 2205 of this Act, $33,520,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $48,120,000 (the balance of the amount authorized under
section 2201(a) for a bachelors enlisted quarters shipboard
ashore, Naval Station, Norfolk, Virginia); and
(3) $2,570,000 (the balance of the amount authorized under
section 2201(b) for a quality of life support facility, Naval
Air Station Sigonella, Italy).
(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

[[Page H5588]]

$1,340,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction, military family housing
construction, and military family housing support outside the
United States and savings resulting from favorable bids,
reduced overhead charges, and cancellations due to force
structure changes.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2002 PROJECT.

(a) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1286) is
amended--
(1) in the item relating to Naval Station, Norfolk,
Virginia, by striking ``$139,270,000'' in the amount column
and inserting ``$139,550,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,059,030,000''.
(b) Conforming Amendment.--Section 2204(b)(2) of that Act
(115 Stat. 1289) is amended by striking ``$33,240,000'' and
inserting ``$33,520,000''.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $8,000,000
Alaska......................... Clear Air Station...... $14,400,000
Eielson Air Force Base. $21,600,000
Arizona........................ Davis-Monthan Air Force $19,270,000
Base.
Luke Air Force Base.... $13,000,000
Arkansas....................... Little Rock Air Force $25,600,000
Base.
California..................... Beale Air Force Base... $11,740,000
Travis Air Force Base.. $9,600,000
Vandenberg Air Force $10,500,000
Base.
Colorado....................... Buckley Air National $17,700,000
Guard Base.
Peterson Air Force Base $2,000,000
Schriever Air Force $5,700,000
Base.
United States Air Force $9,400,000
Academy.
District of Columbia........... Bolling Air Force Base. $1,500,000
Florida........................ Elgin Air Force Base... $4,250,000
Hurlburt Field......... $15,000,000
McDill Air Force Base.. $21,000,000
Tyndall Air Force Base. $8,100,000
Georgia........................ Robins Air Force Base.. $5,400,000
Hawaii......................... Hickam Air Force Base.. $1,350,000
Kansas......................... McConnell Air Force $7,500,000
Base.
Louisiana...................... Barksdale Air Force $10,900,000
Base.
Maryland....................... Andrews Air Force Base. $9,600,000
Massachusetts.................. Hanscom Air Force Base. $7,700,000
Mississippi.................... Keesler Air Force Base. $22,000,000
Nevada......................... Nellis Air Force Base.. $37,350,000
New Jersey..................... McGuire Air Force Base. $24,631,000
New Mexico..................... Cannon Air Force Base.. $4,650,000
Holloman Air Force Base $4,650,000
Kirtland Air Force Base $21,900,000
North Carolina................. Pope Air Force Base.... $9,700,000
Ohio........................... Wright-Patterson Air $25,000,000
Force Base.
Oklahoma....................... Tinker Air Force Base.. $7,500,000
South Carolina................. Shaw Air Force Base.... $6,800,000
Texas.......................... Lackland Air Force Base $37,300,000
Laughlin Air Force Base $8,000,000
Sheppard Air Force Base $24,000,000
Utah........................... Hill Air Force Base.... $14,500,000
Virginia....................... Langley Air Force Base. $71,940,000
---------------
Total.................. $580,731,000
------------------------------------------------------------------------

Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia................... Diego Garcia........... $17,100,000
Germany........................ Ramstein Air Force Base $71,783,000
Guam........................... Andersen Air Force Base $31,000,000
Italy.......................... Aviano Air Force Base.. $6,600,000
Japan.......................... Kadena Air Force Base.. $6,000,000
Korea.......................... Osan Air Base.......... $15,100,000
Spain.......................... Naval Station, Rota.... $31,818,000
Turkey......................... Incirlik Air Force Base $1,550,000
United Kingdom................. Royal Air Force, $19,000,000
Fairford.
Royal Air Force, $13,400,000
Lakenheath.
Wake Island.................... Wake Island............ $24,900,000
---------------
Total................ $238,251,000
------------------------------------------------------------------------

[[Page H5589]]

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.... $32,562,000
---------------
Total................ $32,562,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Luke Air Force Base....... 140 Units................. $18,954,000
California.............................. Travis Air Force Base..... 110 Units................. $24,320,000
Colorado................................ Peterson Air Force Base... 2 Units................... $959,000
United States Air Force 71 Units.................. $12,424,000
Academy..................
Delaware................................ Dover Air Force Base...... 112 Units................. $19,615,000
Florida................................. Eglin Air Force Base...... Housing Office............ $597,000
Eglin Air Force Base...... 134 Units................. $15,906,000
MacDill Air Force Base.... 96 Units.................. $18,086,000
Hawaii.................................. Hickam Air Force Base..... 96 Units.................. $29,050,000
Idaho................................... Mountain Home Air Force 95 Units.................. $24,392,000
Base.....................
Kansas.................................. McConnell Air Force Base.. Housing Maintenance $1,514,000
Facility.................
Maryland................................ Andrews Air Force Base.... 53 Units.................. $9,838,000
Andrews Air Force Base.... 52 Units.................. $8,807,000
Mississippi............................. Columbus Air Force Base... Housing Office............ $412,000
Keesler Air Force Base.... 117 Units................. $16,505,000
Missouri................................ Whiteman Air Force Base... 97 Units.................. $17,107,000
Montana................................. Malmstrom Air Force Base.. 18 Units.................. $4,717,000
New Mexico.............................. Holloman Air Force Base... 101 Units................. $20,161,000
North Carolina.......................... Pope Air Force Base....... Housing Maintenance $991,000
Facility.................
Seymour Johnson Air Force 126 Units................. $18,615,000
Base.....................
North Dakota............................ Grand Forks Air Force Base 150 Units................. $30,140,000
Minot Air Force Base...... 112 Units................. $21,428,000
Minot Air Force Base...... 102 Units................. $20,315,000
Oklahoma................................ Vance Air Force Base...... 59 Units.................. $11,423,000
South Dakota............................ Ellsworth Air Force Base.. Housing Maintenance $447,000
Facility.................
Ellsworth Air Force Base.. 22 Units.................. $4,794,000
Texas................................... Dyess Air Force Base...... 85 Units.................. $14,824,000
Randolph Air Force Base... Housing Maintenance $447,000
Facility.................
Randolph Air Force Base... 112 Units................. $14,311,000
Virginia................................ Langley Air Force Base.... Housing Office............ $1,193,000
Germany................................. Ramstein Air Force Base... 19 Units.................. $8,534,000
Korea................................... Osan Air Base............. 113 Units................. $35,705,000
Osan Air Base............. Housing Supply Warehouse.. $834,000
United Kingdom.......................... Royal Air Force, Housing Office and $2,203,000
Lakenheath............... Maintenance Facility.....
-----------------------------
Total..................... $429,568,000
----------------------------------------------------------------------------------------------------------------

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

[[Page H5590]]

construction projects for the installations and locations
inside the United States, and in the amounts, set forth in
the following table:

Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Missile Defense Agency......... Kauai, Hawaii.......... $23,400,000
Defense Intelligence Agency.... Bolling Air Force Base, $121,958,000
District of Columbia..
Defense Logistics Agency....... Columbus, Ohio......... $5,021,000
Defense Supply Center, $5,500,000
Richmond, Virginia....
Naval Air Station, New $9,500,000
Orleans, Louisiana....
Travis Air Force Base, $16,000,000
California............
Defense Threat Reduction Agency Fort Belvoir, Virginia. $76,388,000
Department of Defense Fort Bragg, North $2,036,000
Dependents Schools............ Carolina..............
Fort Jackson, South $2,506,000
Carolina..............
Marine Corps Base, Camp $12,138,000
Lejeune, North
Carolina..............
Marine Corps Base, $1,418,000
Quantico, Virginia....
United States Military $4,347,000
Academy, West Point,
New York..............
Fort Meade, Maryland... $4,484,000
Joint Chiefs of Staff.......... Peterson Air Force $18,400,000
Base, Colorado.
National Security Agency....... Fort Bragg, North $30,800,000
Carolina.
Special Operations Command..... Hurlburt Field, Florida $11,100,000
Naval Amphibious Base, $14,300,000
Little Creek, Virginia
TRICARE Management Activity.... Elmendorf Air Force $10,400,000
Base, Alaska..........
Hickam Air Force Base, $2,700,000
Hawaii.
---------------
Total................ $372,396,000
------------------------------------------------------------------------

Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Logistics Agency....... Andersen Air Force $17,586,000
Base, Guam.
Naval Forces Marianas $6,000,000
Islands, Guam.........
Naval Station, Rota, $23,400,000
Spain.................
Royal Air Force, $17,000,000
Fairford, United
Kingdom...............
Yokota Air Base, Japan. $23,000,000
Department of Defense Kaiserslautern, Germany $957,000
Dependents Schools............
Lajes Field, Azores, $1,192,000
Portugal..............
Seoul, Korea........... $31,683,000
Supreme Headquarters, $1,573,000
Allied Powers Europe,
Belgium...............
Spangdahlem Air Base, $997,000
Germany...............
Vicenza, Italy......... $2,117,000
TRICARE Management Activity.... Naval Support Activity, $41,449,000
Naples, Italy.........
Spangdahlem Air Base, $39,629,000
Germany...............
---------------
Total................ $206,583,000
------------------------------------------------------------------------

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

SEC. 2403. ENERGY CONSERVATION PROJECTS.

SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments) in the total
amount of $1,417,779,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $335,796,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $206,583,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $16,293,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $45,432,000.
(6) For energy conservation projects authorized by section
2403 of this Act, $49,531,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $545,138,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $5,480,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $42,432,000.
(C) For credit to the Department of Defense Housing
Improvement Fund established by section 2883(a) of title 10,
United States Code, as amended by section 2801 of this Act,
$2,000,000.
(9) For payment of a claim against the Hospital Replacement
project at Elmendorf Air Force Base, Alaska, $10,400,000.
(10) For the construction of phase 4 of an ammunition
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839) and section 2407 of this Act, $38,000,000.
(11) For the construction of phase 5 of an ammunition
demilitarization facility at Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), as amended by section 2406 of
this Act, $61,494,000.
(12) For the construction of phase 5 of an ammunition
demilitarization facility at Aberdeen Proving Ground,
Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division
B of Public Law 105-261; 112 Stat. 2193), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107-107; 115
Stat. 1299), $30,600,000.
(13) For the construction of phase 3 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction

[[Page H5591]]

Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and
section 2405 of this Act, $10,300,000.
(14) For the construction of phase 3 of an ammunition
demilitarization support facility at Blue Grass Army Depot,
Kentucky, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 835), $8,300,000.
(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--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $26,200,000 (the balance of the amount authorized under
section 2401(a) for the construction of the Defense Threat
Reduction Center, Fort Belvoir, Virginia).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (14) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $42,833,000,
which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and
military family housing support outside the United States and
savings resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.

SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECT.

SEC. 2406. 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), as
amended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public
Law 107-107; 115 Stat. 1299), is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Newport Army Depot,
Indiana, by striking ``$191,550,000'' in the amount column
and inserting ``$293,853,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$829,919,000''.
(b) Conforming Amendment.--Section 2404(b)(2) of that Act
(112 Stat. 2196) is amended by striking ``$162,050,000'' and
inserting ``$264,353,000''.

SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1997 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.

(a) In General.--There are authorized to be appropriated
for fiscal years beginning after September 30, 2002, for the
costs of acquisition, architectural and engineering services,
and construction of facilities for the Guard and Reserve
Forces, and for contributions there for, 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,
$170,793,000; and
(B) for the Army Reserve, $86,789,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $66,971,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$119,266,000; and
(B) for the Air Force Reserve, $68,576,000.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2005; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2006.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects, and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have
been obligated before the later of--
(1) October 1, 2005; or
(2) the date of the enactment of an Act authorized funds
for fiscal year 2005 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2000 PROJECTS.

Air Force: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oklahoma.............................. Tinker Air Force Base.... Replace Family Housing (41 $6,000,000
Units)......................
----------------------------------------------------------------------------------------------------------------

Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Fort Pickett............. Multi-Purpose Range Complex- $13,500,000
Heavy.......................
----------------------------------------------------------------------------------------------------------------

[[Page H5592]]

(c) Extension of Additional Project.--Notwithstanding any
other provision of law, the authorization set forth in the
table in subsection (d), as provided in section 8160 of the
Department of Defense Appropriations Act, 2000 (Public Law
106-79; 113 Stat. 1274), shall remain in effect until October
1, 2003, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2004,
whichever is later.
(d) Table for Extension of Additional Project.--The table
referred to in subsection (c) is as follows:

Army National Guard: Extension of 2000 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... Connellsville............ Readiness Center............. $1,700,000
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1999 PROJECTS.

Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Replace Family Housing (55 $8,988,000
Units)......................
Florida............................... Patrick Air Force Base... Replace Family Housing (46 $9,692,000
Units)......................
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (37 $6,400,000
Units)......................
Ohio.................................. Wright-Patterson Air Replace Family Housing (40 $5,600,000
Force Base.............. Units)......................
----------------------------------------------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act
shall take effect on the later of--
(1) October 1, 2002; or
(2) the date of the enactment of this Act.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. CHANGES TO ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.

(a) Authorized Utilities and Services.--Section 2872a(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraphs:
``(11) Firefighting and fire protection services.
``(12) Police protection services.''.
(b) Leasing of Housing.--Subsection (a) of section 2874 of
such title is amended to read as follows:
``(a) Lease Authorized.--(1) The Secretary concerned may
enter into contracts for the lease of housing units that the
Secretary determines are suitable for use as military family
housing or military unaccompanied housing.
``(2) The Secretary concerned shall utilize housing units
leased under paragraph (1) as military family housing or
military unaccompanied housing, as appropriate.''.
(c) Repeal of Interim Lease Authority.--Section 2879 of
such title is repealed.
(d) Space Limitations by Pay Grade.--Section 2880(b)(2) of
such title is amended by striking ``unless the unit is
located on a military installation''.
(e) Department of Defense Housing Fund.--(1) Section 2883
of such title is amended by striking subsections (a), (b),
and (c) inserting the following new subsections (a) and (b):
``(a) Establishment.--There is hereby established on the
books of the Treasury an account to be known as the
Department of Defense Housing Improvement Fund (in this
section referred to as the `Fund').
``(b) Credits to Fund.--There shall be credited to the Fund
the following:
``(1) Amounts authorized for and appropriated to the Fund.
``(2) Subject to subsection (e), any amounts that the
Secretary of Defense transfers, in such amounts as are
provided for in appropriation Acts, to the Fund from amounts
authorized and appropriated to the Department of Defense for
the acquisition or construction of military family housing or
military unaccompanied housing.
``(3) Proceeds from the conveyance or lease of property or
facilities under section 2878 of this title for the purpose
of carrying out activities under this subchapter with respect
to military family housing or military unaccompanied housing.
``(4) Income derived from any activities under this
subchapter with respect to military family housing or
military unaccompanied housing, income and gains realized
from investments under section 2875 of this title, and any
return of capital invested as part of such investments.
``(5) Any amounts that the Secretary of the Navy transfers
to the Fund pursuant to section 2814(i)(3) of this title,
subject to the restrictions on the use of the transferred
amounts specified in that section.''.
(2) Such section is further amended--
(A) by redesignating subsections (d) through (g) as (c)
through (f), respectively;
(B) in subsection (c), as so redesignated--
(i) in the subsection heading, by striking ``Funds'' and
inserting ``Fund'';
(ii) in paragraph (1)--
(I) by striking ``subsection (e)'' and inserting
``subsection (d)''; and
(II) by striking ``Department of Defense Family Housing
Improvement Fund'' and inserting ``Fund'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as paragraph (2);
(C) in subsection (d), as so redesignated, by striking
``required to be used to satisfy the obligation'';
(D) in subsection (e), as so redesignated, by striking ``a
Fund under paragraph (1)(B) or (2)(B) of subsection (c)'' and
inserting ``the Fund under subsection (b)(2)''; and
(E) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking ``$850,000,000'' and
inserting ``$1,700,000,000''; and
(ii) in paragraph (2), by striking ``$150,000,000'' and
inserting ``$300,000,000''.
(f) Transfer of Unobligated Amounts.--(1) The Secretary of
Defense shall transfer to the Department of Defense Housing
Improvement Fund established under section 2883(a) of title
10, United States Code (as amended by subsection (e)), any
amounts in the Department of Defense Family Housing
Improvement Fund and the Department of Defense Military
Unaccompanied Housing Improvement that remain available for
obligation as of the date of the enactment of this Act.
(2) Amounts transferred to the Department of Defense
Housing Improvement Fund under paragraph (1) shall be merged
with amounts in that Fund, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as other amounts in that Fund.
(g) Conforming Amendments.--(1) Paragraph (3) of section
2814(i) of such title is amended--
(A) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) The Secretary may transfer funds from the Ford Island
Improvement Account to the Department of Defense Housing
Improvement Fund established by section 2883(a) of this
title.''; and
(B) in subparagraph (B), by striking ``a fund'' and
inserting ``the Fund''.
(2) Section 2871(6) of such title is amended by striking
``Department of Defense Family Housing Improvement Fund or
the Department of Defense Military Unaccompanied Housing
Improvement Fund'' and inserting ``Department of Defense
Housing Improvement Fund''.
(3) Section 2875(e) of such title is amended by striking
``Department of Defense Family Housing Improvement Fund or
the Department of Defense Military Unaccompanied Housing
Improvement Fund'' and inserting ``Department of Defense
Housing Improvement Fund''.
(h) Clerical Amendments.--(1) The section heading for
section 2874 of such title is amended to read as follows:

``Sec. 2874. Leasing of housing''.

(2) The section heading for section 2883 of such title is
amended to read as follows:

``Sec. 2883. Department of Defense Housing Improvement
Fund''.

(3) The table of sections at the beginning subchapter IV of
chapter 169 of such title is amended--
(A) by striking the item relating to section 2874 and
inserting the following new item:

``2874. Leasing of housing.'';

(B) by striking the item relating to section 2879; and

[[Page H5593]]

``2883. Department of Defense Housing Improvement Fund.''.

SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT
CONSTRUCTION PROJECTS AS PART OF ENVIRONMENTAL
RESPONSE ACTION.

(a) Authority to Carry Out Unauthorized Projects.--
Subsection (a) of section 2810 of title 10, United States
Code, is amended to read as follows:
``(a) Authority to Carry Out Unauthorized Construction
Projects.--The Secretary concerned may carry out a military
construction project not otherwise authorized by law if the
Secretary determines that the project is necessary to carry
out a response under chapter 160 of this title or the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).''.
(b) Congressional Notification.--Subsection (b) of such
section is amended by striking ``(1)'' and the first sentence
and inserting ``Congressional Notification.--(1) When a
decision is made to carry out a military construction project
under this section that exceeds the amount specified in
section 2805(b)(1) of this title, the Secretary concerned
shall submit a report in writing to the appropriate
committees of Congress on that decision.''.
(c) Definition.--Subsection (c) of such section is
amended--
(1) by inserting ``Response Defined.--'' after ``(c)''; and
(2) by striking ``action''.

SEC. 2803. LEASING OF MILITARY FAMILY HOUSING IN KOREA.

Paragraph (3) of section 2828(e) of title 10, United States
Code, is amended to read as follows:
``(3) In addition to the 450 units of family housing
referred to in paragraph (1) for which the maximum lease
amount is $25,000 per unit per year, the Secretary of the
Army may lease in Korea--
``(A) not more than 1,175 units of family housing subject
to that maximum lease amount; and
``(B) not more than 2,400 units of family housing subject
to a maximum lease amount of $35,000 per unit per year.''.

SEC. 2804. PILOT HOUSING PRIVATIZATION AUTHORITY FOR
ACQUISITION OR CONSTRUCTION OF MILITARY
UNACCOMPANIED HOUSING.

(a) In General.--(1) Subchapter IV of chapter 169 of title
10, United States Code, is amended by inserting after section
2881 the following new section:

``Sec. 2881a. Pilot projects for acquisition or construction
of military unaccompanied housing

``(a) Pilot Projects Authorized.--The Secretary of the Navy
may carry out not more than 3 pilot projects under the
authority of this section or another provision of this
subchapter to use the private sector for the acquisition or
construction of military unaccompanied housing in the United
States, including any territory or possession of the United
States.
``(b) Assignment of Members and Basic Allowance for
Housing.--(1) The Secretary of the Navy may assign members of
the armed forces to housing units acquired or constructed
under the pilot projects, and such housing units shall be
considered as quarters of the United States or a housing
facility under the jurisdiction of a uniformed service for
purposes of section 403 of title 37.
``(2) Notwithstanding section 403(n)(2) of title 37, the
Secretary of Defense may set specific higher rates of partial
basic allowance for housing for a member of the armed forces
who is assigned to a housing unit acquired or constructed
under the pilot projects. Any increase in the rate of partial
basic allowance for housing to accommodate the pilot programs
shall be in addition to any partial basic allowance for
housing that the member may otherwise be eligible to receive
under section 403(n) of title 37. A member may not sustain a
reduction in partial basic allowance for housing as a result
of assignment to a housing unit acquired or constructed under
the pilot projects.
``(c) Funding.--(1) The Department of Defense Housing
Improvement Fund shall be used to carry out activities under
the pilot projects.
``(2) Subject to 90 days prior notification to the
appropriate committees of Congress, such additional amounts
as the Secretary of Defense considers necessary may be
transferred to the Department of Defense Housing Improvement
Fund from amounts appropriated for construction of military
unaccompanied housing projects in military construction
accounts. The amounts so transferred shall be merged with and
to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund.
``(d) Reports.--(1) The Secretary of the Navy shall
transmit to the appropriate committees of Congress a report
describing--
``(A) each contract for the acquisition of military
unaccompanied housing that the Secretary proposes to solicit
under the pilot projects;
``(B) each conveyance or lease proposed under section 2878
of this title in furtherance of the pilot projects; and
``(C) the proposed partial basic allowance for housing
rates for each contract as they vary by grade of the member
and how they compare to basic allowance for housing rates for
other contracts written under the authority of the pilot
programs.
``(2) The report shall describe the proposed contract,
conveyance, or lease and the intended method of participation
of the United States in the contract, conveyance, or lease
and provide a justification of such method of participation.
The report shall be submitted not later than 90 days before
the date on which the Secretary issues the contract
solicitation or offers the conveyance or lease.
``(e) Expiration.--Notwithstanding section 2885 of this
title, the authority of the Secretary of the Navy to enter
into a contract under the pilot programs shall expire
September 30, 2007.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 2881 the following new item:

``2881a. Pilot projects for acquisition or construction of military
unaccompanied housing.''.

(b) Conforming Amendment.--Section 2871(7) of title 10,
United States Code, is amended by inserting before the period
at the end the following: ``and transient housing intended to
be occupied by members of the armed forces on temporary
duty''.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES TO LIMIT
ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY
TRAINING, TESTING, AND OPERATIONS.

(a) In General.--Chapter 159 of title 10, United States
Code, is amended by inserting after section 2684 the
following new section:

``Sec. 2684a. Agreements to limit encroachments and other
constraints on military training, testing, and operations

``(a) Agreements Authorized.--The Secretary of a military
department may enter into an agreement with a private entity
described in subsection (b) to address the use or development
of real property in the vicinity of a military installation
for purposes of--
``(1) limiting any development or use of the property that
would otherwise be incompatible with the mission of the
installation; or
``(2) preserving habitat on the property in a manner that
is compatible with both--
``(A) current or anticipated environmental restrictions
that would or might otherwise restrict, impede, or otherwise
interfere, whether directly or indirectly, with current or
anticipated military training, testing, or operations on the
installation; and
``(B) current or anticipated military training, testing, or
operations on the installation.
``(b) Covered Private Entities.--A private entity referred
to in subsection (a) is any private entity that has as its
stated principal organizational purpose or goal the
conservation, restoration, or preservation of land and
natural resources, or a similar purpose or goal, as
determined by the Secretary concerned.
``(c) Inapplicability of Certain Contract Requirements.--
Chapter 63 of title 31 shall not apply to any agreement
entered into under this section.
``(d) Acquisition and Acceptance of Property and
Interests.--(1) An agreement with a private entity under this
section--
``(A) may provide for the private entity to acquire all
right, title, and interest in and to any real property, or
any lesser interest in the property, as may be appropriate
for purposes of this section; and
``(B) shall provide for the private entity to transfer to
the United States, upon the request of the United States, any
property or interest so acquired.
``(2) Property or interests may not be acquired pursuant to
an agreement under this section unless the owner of the
property or interests, as the case may be, consents to the
acquisition.
``(3) An agreement under this section providing for the
acquisition of property or interests under paragraph (1)(A)
shall provide for the sharing by the United States and the
private entity concerned of the costs of the acquisition of
the property or interests.
``(4) The Secretary concerned shall identify any property
or interests to be acquired pursuant to an agreement under
this section. The property or interests shall be limited to
the minimum property or interests necessary to ensure that
the property concerned is developed and used in a manner
appropriate for purposes of this section.
``(5) Notwithstanding any other provision of law, the
Secretary concerned may accept on behalf of the United States
any property or interest to be transferred to the United
States under paragraph (1)(B).
``(6) The Secretary concerned may, for purposes of the
acceptance of property or interests under this subsection,
accept an appraisal or title documents prepared or adopted by
a non-Federal entity as satisfying the applicable
requirements of section 301 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4651) or section 355 of the Revised Statutes (40
U.S.C. 255) if the Secretary finds that the appraisal or
title documents substantially comply with the requirements.
``(e) Acquisition of Water Rights.--The authority of the
Secretary of a military department to enter into an agreement
under subsection (a) for the acquisition of real property (or
an interest therein) includes the authority to support the
purchase of water rights from any available source when
necessary to support or protect the mission of a military
installation.

[[Page H5594]]

``(f) Additional Terms and Conditions.--The Secretary
concerned may require such additional terms and conditions in
an agreement under this section as the Secretary considers
appropriate to protect the interests of the United States.
``(g) Funding.--(1) Except as provided in paragraph (2),
funds authorized to be appropriated for operation and
maintenance of the Army, Navy, Marine Corps, Air Force, or
Defense-wide activities, including funds authorized to be
appropriated for the Legacy Resources Management Program, may
be used to enter into agreements under this section.
``(2) In the case of a military installation operated
primarily with funds authorized to be appropriated for
research, development, test, and evaluation, funds authorized
to be appropriated for the Army, Navy, Marine Corps, Air
Force, or Defense-wide activities for research, development,
test, and evaluation may be used to enter into agreements
under this section with respect to the installation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2684 the following new item:

``2684a. Agreements to limit encroachments and other constraints on
military training, testing, and operations.''.

SEC. 2812. CONVEYANCE OF SURPLUS REAL PROPERTY FOR NATURAL
RESOURCE CONSERVATION PURPOSES.

(a) Conveyance Authority.--(1) Chapter 159 of title 10,
United States Code, is amended by inserting after section
2694 the following new section:

``Sec. 2694a. Conveyance of surplus real property for natural
resource conservation

``(a) Authority to Convey.--The Secretary of a military
department may convey to an eligible recipient described in
subsection (b) any surplus real property that--
``(1) is under the administrative control of the Secretary;
``(2) is suitable and desirable for conservation purposes;
``(3) has been made available for public benefit transfer
for a sufficient period of time to potential claimants; and
``(4) is not subject to a pending request for transfer to
another Federal agency or for conveyance to any other
qualified recipient for public benefit transfer under the
real property disposal processes and authorities established
pursuant to the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471, et seq.).
``(b) Eligible Recipients.--The conveyance of surplus real
property under subsection (a) may be made to any of the
following:
``(1) A State or political subdivision of a State.
``(2) A nonprofit organization that exists for the primary
purpose of conservation of natural resources on real
property.
``(c) Revisionary Interest and Other Deed Requirements.--
(1) The deed of conveyance of any surplus real property
conveyed under subsection (a) disposed of under this
subsection shall require the property to be used and
maintained for the conservation of natural resources in
perpetuity. If the Secretary of the military department that
made the conveyance determines at any time that the property
is not being used or maintained for such purpose, then, at
the option of the Secretary, all or any portion of the
property shall revert to the United States.
``(2) The deed of conveyance may permit the recipient of
the property--
``(A) to convey the property to another eligible entity
described in subsection (b), subject to the approval of the
Secretary of the military department that made the conveyance
and subject to the same covenants and terms and conditions as
provided in the deed from the United States; and
``(B) to conduct incidental revenue-producing activities on
the property that are compatible with the use of the property
for conservation purposes.
``(3) The deed of conveyance may contain such additional
terms, reservations, restrictions, and conditions as the
Secretary of the military department considers appropriate to
protect the interests of the United States.
``(d) Release of Covenants.--The Secretary of the military
department that conveys real property under subsection (a),
with the concurrence of the Secretary of Interior, may grant
a release from a covenant included in the deed of conveyance
of the property under subsection (c) on the condition that
the recipient of the property pay the fair market value, as
determined by the Secretary of the military department, of
the property at the time of the release of the covenant. The
Secretary of the military department may reduce the amount
required to be paid under this subsection to account for the
value of the natural resource conservation benefit that has
accrued to the United States during the period the covenant
was in effect, if the benefit was not taken into account in
determining the original consideration for the conveyance.
``(e) Limitations.--A conveyance under subsection (a) shall
not be used in settlement of any litigation, dispute, or
claim against the United States, or as a condition of
allowing any defense activity under any Federal, State, or
local permitting or review process. The Secretary of a
military department may make a conveyance under subsection
(a), with the restrictions specified in subsection (c), to
establish a mitigation bank, but only if the establishment of
the mitigation bank does not occur in order to satisfy any
condition for permitting military activity under a Federal,
State, or local permitting or review process.
``(f) Consideration.--In fixing the consideration for the
conveyance of real property under subsection (a) or in
determining the amount of any reduction of the amount to be
paid for the release of a covenant under subsection (d), the
Secretary of the military department concerned shall take
into consideration any benefit that has accrued or may accrue
to the United States from the use of such property for the
conservation of natural resources.
``(g) Relation to Other Conveyance Authorities.--(1) The
Secretary of a military department may not make a conveyance
under this section of any real property to be disposed of
under a base closure law in a manner that is inconsistent
with the requirements and conditions of the base closure law.
``(2) In the case of real property on Guam, the Secretary
of a military department may not make a conveyance under this
section unless the Government of Guam has been first afforded
the opportunity to acquire the real property as authorized by
section 1 of Public Law 106-504 (114 Stat. 2309).
``(h) Definitions.--In this section:
``(1) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Marianas, and the territories and possessions of the
United States.
``(2) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act of 1988 (10 U.S.C. 2687
note).
``(C) 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).
``(D) Any other similar authority for the closure or
realignment of military installations that is enacted after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2003.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2694 the following new item:

``2694a. Conveyance of surplus real property for natural resource
conservation.''.

(b) Acceptance of Funds to Cover Administrative Expenses.--
Section 2695(b) of such title is amended by adding at the end
the following new paragraph:
``(5) The conveyance of real property under section 2694a
of this title.''.
(c) Agreements With Nonprofit Natural Resource Conservation
Organizations.--Section 2701(d) of such title is amended--
(1) in paragraph (1), by striking ``with any State or local
government agency, or with any Indian tribe,'' and inserting
``any State or local government agency, any Indian tribe, or
any nonprofit conservation organization''; and
(2) by striking paragraph (3) and inserting the following
new paragraph:
``(3) Definitions.--In this subsection:
``(A) The term `Indian tribe' has the meaning given such
term in section 101(36) of Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(36)).
``(B) The term `nonprofit conservation organization' means
any non-governmental nonprofit organization whose primary
purpose is conservation of open space or natural
resources.''.

SEC. 2813. NATIONAL EMERGENCY EXEMPTION FROM SCREENING AND
OTHER REQUIREMENTS OF MCKINNEY-VENTO HOMELESS
ASSISTANCE ACT FOR PROPERTY USED IN SUPPORT OF
RESPONSE ACTIVITIES.

Section 501 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Applicability to Certain Property During
Emergencies.--The screening requirements and other provisions
of this section shall not apply to any property that is
excess property or surplus property or that is described as
unutilized or underutilized property if the property is
subject to a request for conveyance or use for the purpose of
directly supporting activities in response to--
``(1) a war or national emergency declared in accordance
with the National Emergencies Act (50 U.S.C. 1601 et seq.);
or
``(2) an emergency or major disaster declared in accordance
with the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).''.

SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM
FACILITY MAINTENANCE COSTS.

(a) Program Authorized.--The Secretary of Defense may
conduct a demonstration program to assess the feasibility and
desirability of including facility maintenance requirements
in construction contracts for military construction projects
for the purpose of determining whether such requirements
facilitate reductions in the long-term facility maintenance
costs of the military departments.
(b) Contracts.--Not more than 12 contracts may contain
requirements referred to in subsection (a) for the purpose of
the demonstration program under this section. The

[[Page H5595]]

demonstration program may only cover contracts entered into
on or after the date of the enactment of this Act.
(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 under this program may not exceed five years.
(d) Reporting Requirements.--Not later than January 31,
2005, the Secretary of Defense shall submit to Congress a
report on the demonstration program authorized by this
section and the related Department of the Army demonstration
program authorized by section 2814 of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1310; 10 U.S.C. 2809
note), including the following:
(1) A description of all contracts entered into under the
demonstration programs.
(2) An evaluation of the demonstration programs and a
description of the experience of the Secretary of Defense and
the Secretary of the Army respect to such contracts.
(3) Any recommendations, including recommendations for the
termination, continuation, or expansion of the demonstration
programs, that the Secretary of Defense or the Secretary of
the Army considers appropriate.
(e) Expiration.--The authority under subsection (a) to
include requirements referred to in that subsection in
contracts under the demonstration program under this section
shall expire on September 30, 2006.
(f) Funding.--Amounts authorized to be appropriated for a
fiscal year for military construction shall be available for
the demonstration program under this section in such fiscal
year.
(g) Conforming Amendment.--Section 2814 of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 115 Stat. 1310; 10 U.S.C. 2809 note)
is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.

SEC. 2815. EXPANDED AUTHORITY TO TRANSFER PROPERTY AT
MILITARY INSTALLATIONS TO BE CLOSED TO PERSONS
WHO CONSTRUCT OR PROVIDE MILITARY FAMILY
HOUSING.

(a) 1988 Law.--Section 204(e)(1) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
striking the last sentence.
(b) 1990 Law.--Section 2905(f)(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 by
striking the last sentence.

Subtitle C--Land Conveyances

PART I--ARMY CONVEYANCES

SEC. 2821. LAND CONVEYANCES, LANDS IN ALASKA NO LONGER
REQUIRED FOR NATIONAL GUARD PURPOSES.

(a) Conveyance Authorized.--The Secretary of the Army may
convey to an eligible entity described subsection (b) all
right, title, and interest of the United States in and to any
parcel of real property, including any improvements thereon,
in the State of Alaska described in subsection (c) if the
Secretary determines the conveyance would be in the public
interest.
(b) Eligible Recipients.--The following entities shall be
eligible to receive real property under subsection (a):
(1) The State of Alaska.
(2) A governmental entity in the State of Alaska.
(3) A Native Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(4) The Metlakatla Indian Community.
(c) Covered Property.--Subsection (a) applies to real
property located in the State of Alaska that--
(1) is under the jurisdiction of the Department of the Army
and, before December 2, 1980, was under such jurisdiction for
the use of the Alaska National Guard;
(2) is located in a unit of the National Wildlife Refuge
System designated in the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 16 U.S.C. 668dd note);
(3) is excess to the needs of the Alaska National Guard and
the Department of Defense; and
(4) the Secretary determines that--
(A) the anticipated cost to the United States of retaining
the property exceeds the value of such property; or
(B) the condition of the property makes it unsuitable for
retention by the United States.
(d) Consideration.--The conveyance of real property under
this section shall, at the election of the Secretary, be for
no consideration or for consideration in an amount determined
by the Secretary to be appropriate under the circumstances.
(e) Use of Consideration.--If consideration is received for
the conveyance of real property under subsection (a), the
Secretary may use the amounts received, in such amounts as
are provided in appropriations Acts, to pay for--
(1) the cost of a survey described in subsection (f) with
respect to the property;
(2) the cost of carrying out any environmental assessment,
study, or analysis, and any remediation, that may be required
under Federal law, or is considered appropriate by the
Secretary, in connection with the property or the conveyance
of the property; and
(3) any other costs incurred by the Secretary in conveying
the property.
(f) Description of Property.--The exact acreage and legal
description of any real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a conveyance of real property under this section as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Hopkinsville,
Kentucky, all right, title, and interest of the United States
in and to a parcel of real property at Fort Campbell,
Kentucky, consisting of approximately 50 acres and containing
an abandoned railroad spur for the purpose of permitting the
City to use the property for storm water management,
recreation, transportation, and other public purposes.
(b) Description of Property.--The acreage of the real
property to be conveyed under subsection (a) has been
determined by the Secretary through a legal description
outlining such acreage. No further survey of the property
before transfer is necessary.
(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.

SEC. 2823. LAND CONVEYANCE, ARMY RESERVE TRAINING CENTER,
BUFFALO, MINNESOTA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Buffalo Independent
School District 877 of Buffalo, Minnesota (in this section
referred to as the ``School District''), all right, title,
and interest of the United States in and to a parcel of real
property, including improvements thereon, that is located at
800 8th Street, N.E., in Buffalo, Minnesota, and contains a
former Army Reserve Training Center, which is being used by
the School District as the site of the Phoenix Learning
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 School District.
(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.

SEC. 2824. LAND CONVEYANCE, FORT BLISS, TEXAS

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the County of El Paso,
Texas (in this section referred to as the ``County''), all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of approximately 44 acres at Fort Bliss, Texas,
for the purpose of facilitating the construction by the State
of Texas of a nursing home for veterans of the Armed Forces.
(b) Reversionary Interest.--If, at the end of the five-year
period beginning on the date the Secretary makes the
conveyance under subsection (a), the Secretary determines
that a nursing home for veterans is not in operation on the
conveyed real property, all right, title, and interest in and
to the property, including any improvements thereon, shall
revert to the United States, and the United States shall have
the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be
made on the record after an opportunity for a hearing.
(c) 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 County.
(d) 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. 2825. LAND CONVEYANCE, FORT HOOD, TEXAS.

SEC. 2826. LAND CONVEYANCE, FORT MONMOUTH, NEW JERSEY.

(a) Conveyance Authorized.--The Secretary of the Army may
convey by sale all

[[Page H5596]]

right, title, and interest of the United States in and to a
parcel of land, consisting of approximately 63.95 acres of
military family housing known as Howard Commons, that
comprises a portion of Fort Monmouth, New Jersey.
(b) Competitive Bid Requirement.--The Secretary shall use
competitive procedures for the sale authorized by subsection
(a).
(c) Consideration.--As consideration for the conveyance
authorized under subsection (a), the recipient of the land
shall pay an amount that is no less than fair market value,
as determined by the Secretary. Such recipient may, as in-
kind consideration, build replacement military family housing
or rehabilitate existing military family housing at Fort
Monmouth, New Jersey, as agreed upon by the Secretary. Any
proceeds received by the Secretary not used to construct or
rehabilitate such military family housing shall be deposited
in the special account in the Treasury established pursuant
to section 204(h) of the Federal property and Administrative
Services Act of 1949 (40 U.S.C. 485(h)).
(d) Description of Parcel.--The exact acreage and legal
description of the parcel to be conveyed under subsection (a)
shall be determined by a survey that is satisfactory to the
Secretary. The cost of the survey shall be borne by the
recipient of the parcel.
(e) 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.

PART II--NAVY CONVEYANCES

SEC. 2831. LAND CONVEYANCE, MARINE CORPS AIR STATION,
MIRAMAR, SAN DIEGO, CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the ENPEX Corporation, Incorporated (in this
section referred to as the ``Corporation''), all right,
title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, at
Marine Corps Air Station Miramar, San Diego, California,
consisting of approximately 60 acres and appurtenant
easements and any other necessary interests in real property
for the purpose of permitting the Corporation to use the
property for the production of electric power and related
ancillary activities.
(b) Consideration.--(1) As consideration for the conveyance
under subsection (a), the Corporation shall--
(A) convey to the United States all right, title, and
interest of the Corporation in and to a parcel of real
property in the San Diego area that is suitable for military
family housing, as determined by the Secretary; and
(B) if the parcel conveyed under subparagraph (A) does not
contain housing units suitable for use as military family
housing, design and construct such military family housing
units and supporting facilities as the Secretary considers
appropriate.
(2) The total combined value of the real property and
military family housing conveyed by the Corporation under
this subsection shall be at least equal to the fair market
value of the real property conveyed to the Secretary under
subsection (a), including any severance costs arising from
any diminution of the value or utility of other property at
Marine Corps Air Station Miramar attributable to the
prospective future use of the property conveyed under
subsection (a).
(3) The Secretary shall determine the fair market value of
the real property to be conveyed under subsection (a) and the
fair market value of the consideration to be provided under
this subsection. Such determinations shall be final.
(c) Reversionary Interest.--(1) Subject to paragraph (2),
if the Secretary determines at any time that the property
conveyed under subsection (a) is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert,
at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto
the property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity
for a hearing.
(2) If Marine Corps Air Station Miramar is no longer used
as a Federal aviation facility, paragraph (1) shall no longer
apply, and the Secretary shall release, without
consideration, the reversionary interest retained by the
United States under such paragraph.
(d) Administrative Expenses.--(1) The Corporation shall
make funds available to the Secretary to cover costs to be
incurred by the Secretary, or reimburse the Secretary for
costs incurred, to carry out the conveyance under subsection
(a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the
conveyance. This paragraph does not apply to costs associated
with the removal of explosive ordnance from the parcel and
environmental remediation of the parcel.
(2) Section 2695(c) of title 10 United States Code, shall
apply to any amount received under paragraph (1). If the
amounts received in advance under such paragraph exceed the
costs actually incurred by the Secretary, the Secretary shall
refund the excess amount to the Corporation.
(e) Descriptions of Property.--The exact acreage and legal
descriptions of the real property to be conveyed by the
Secretary under subsection (a) and the property to be
conveyed by the Corporation under subsection (b) shall be
determined by a survey satisfactory to the Secretary.
(f) Exemptions.--Section 2696 of title 10, United States
Code, does not apply to the conveyance authorized by
subsection (a), and the authority to make the conveyance
shall not be considered to render the property excess or
underutilized.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances authorized by this section as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 2832. BOUNDARY ADJUSTMENTS, MARINE CORPS BASE, QUANTICO,
AND PRINCE WILLIAM FOREST PARK, VIRGINIA.

(a) Boundary Adjustments and Related Transfers.--(1) The
Secretary of the Navy and the Secretary of the Interior shall
adjust the boundaries of Marine Corps Base, Quantico,
Virginia, and Prince William Forest Park, Virginia, to
conform to the boundaries depicted on the map entitled ``Map
Depicting Boundary Adjustments Proposed With March 10, 1998,
MOU Between Prince William Forest Park and Marine Corps Base
Quantico''.
(2) As part of the boundary adjustment, the Secretary of
the Navy shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Interior
approximately 352 acres of land, as depicted on the map, and
the Secretary of the Interior shall retain administrative
jurisdiction over approximately 1,034 acres of land, which is
a portion of the Department of Interior land commonly known
as the Quantico Special Use Permit Land.
(3) As part of the boundary adjustment, the Secretary of
the Interior shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Navy
approximately 3398 acres of land, as depicted on the map.
(b) Effect of Subsequent Determination Property is
Excess.--(1) If land transferred or retained under paragraph
(2) or (3) of subsection (a) is subsequently determined to be
excess to the needs of the Federal agency that received or
retained the land, the head of that Federal agency shall
offer to return administrative jurisdiction over the land,
without reimbursement, to the Federal agency from which the
land was received or retained.
(2) If the offer under paragraph (1) is not accepted within
90 days or is otherwise rejected, the head of the Federal
agency holding the land may proceed to dispose of the land
under then current law and regulations governing the disposal
of excess property.

PART III--AIR FORCE CONVEYANCES

SEC. 2841. LAND CONVEYANCES, WENDOVER AIR FORCE BASE
AUXILIARY FIELD, NEVADA.

(a) Conveyances Authorized To West Wendover, Nevada.--(1)
The Secretary of the Interior may convey, without
consideration, to the City of West Wendover, Nevada, all
right, title, and interest of the United States in and to the
following:
(A) The lands at Wendover Air Force Base Auxiliary Field,
Nevada, identified in Easement No. AFMC-HL-2-00-334 that are
determined by the Secretary of the Air Force to be no longer
required for Air Force purposes.
(B) The lands at Wendover Air Force Base Auxiliary Field
identified for disposition on the map entitled ``West
Wendover, Nevada-Excess'', dated January 5, 2001, that are
determined by the Secretary of the Air Force to be no longer
required for Air Force purposes.
(2) The purposes of the conveyances under this subsection
are--
(A) to permit the establishment and maintenance of runway
protection zones; and
(B) to provide for the development of an industrial park
and related infrastructure.
(3) The map referred to in paragraph (1)(B) shall be on
file and available for public inspection in the offices of
the Director of the Bureau of Land Management and the Elko
District Office of the Bureau of Land Management.
(b) Conveyance Authorized to Tooele County, Utah.--(1) The
Secretary of the Interior may convey, without consideration,
to Tooele County, Utah, all right, title, and interest of the
United States in and to the lands at Wendover Air Force Base
Auxiliary Field identified in Easement No. AFMC-HL-2-00-318
that are determined by the Secretary of the Air Force to be
no longer required for Air Force purposes.
(2) The purpose of the conveyance under this subsection is
to permit the establishment and maintenance of runway
protection zones and an aircraft accident potential
protection zone as necessitated by continued military
aircraft operations at the Utah Test and Training Range.
(c) Phased Conveyances.--The land conveyances authorized by
subsections (a) and (b) may be conducted in phases. To the
extent practicable, the first phase of the conveyances should
involve at least 3,000 acres.
(d) Management of Conveyed Lands.--The lands conveyed under
subsections (a) and (b) shall be managed by the City of West
Wendover, Nevada, City of Wendover, Utah, Tooele County,
Utah, and Elko County, Nevada--
(1) in accordance with the provisions of an Interlocal
Memorandum of Agreement entered into between the Cities of
West Wendover, Nevada, and Wendover, Utah,

[[Page H5597]]

Tooele County, Utah, and Elko County, Nevada, providing for
the coordinated management and development of the lands for
the economic benefit of both communities; and
(2) in a manner that is consistent with such provisions of
the easements referred to subsections (a) and (b) that, as
jointly determined by the Secretary of the Air Force and
Secretary of the Interior, remain applicable and relevant to
the operation and management of the lands following
conveyance and are consistent with the provisions of this
section.
(e) Additional Terms and Conditions.--The Secretary of the
Air Force and the Secretary of the Interior may jointly
require such additional terms and conditions in connection
with the conveyances required by subsections (a) and (b) as
the Secretaries consider appropriate to protect the interests
of the United States.

Subtitle D--Other Matters

SEC. 2861. EASEMENT FOR CONSTRUCTION OF ROADS OR HIGHWAYS,
MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.

Section 2851(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105-261;
112 Stat. 2219), as amended by section 2867 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1334) is amended in the first sentence by
striking ``easement to construct'' and all that follows
through the period at the end and inserting ``easement to
construct, operate, and maintain a restricted access highway,
notwithstanding any provision of State law that would
otherwise prevent the Secretary from granting the easement or
the Agency from constructing, operating, or maintaining the
restricted access highway.''.

SEC. 2862. SALE OF EXCESS TREATED WATER AND WASTEWATER
TREATMENT CAPACITY, MARINE CORPS BASE, CAMP
LEJEUNE, NORTH CAROLINA.

(a) Sale Authorized.--The Secretary of the Navy may provide
to Onslow County, North Carolina, or any authority or
political subdivision organized under the laws of North
Carolina to provide public water or sewage services in Onslow
County (in this section referred to as the ``County''),
treated water and wastewater treatment services from
facilities at Marine Corps Base, Camp Lejeune, North
Carolina, if the Secretary determines that the provision of
these utility services is in the public interest and will not
interfere with current or future operations at Camp Lejeune.
(b) Inapplicability of Certain Requirements.--Section 2686
of title 10, United States Code, shall not apply to the
provision of public water or sewage services authorized by
subsection (a).
(c) Consideration.--As consideration for the receipt of
public water or sewage services under subsection (a), the
County shall pay to the Secretary an amount (in cash or in
kind) equal to the fair market value of the services. Amounts
received in cash shall be credited to the base operation and
maintenance accounts of Camp Lejeune.
(d) Expansion.--The Secretary may make minor expansions and
extensions and permit connections to the public water or
sewage systems of the County in order to furnish the services
authorized under subsection (a). The Secretary shall restrict
the provision of services to the County to those areas in the
County where residential development would be compatible with
current and future operations at Camp Lejeune.
(e) Administrative Expenses.--The Secretary may require the
County to reimburse the Secretary for the costs incurred by
the Secretary to provide public water or sewage services to
the County under subsection (a).
(2) Section 2695(c) of title 10 United States Code, shall
apply to any amount received under this subsection.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the provision of public water or sewage services under
this section as the Secretary considers appropriate to
protect the interests of the United States.

SEC. 2863. RATIFICATION OF AGREEMENT REGARDING ADAK NAVAL
COMPLEX, ALASKA, AND RELATED LAND CONVEYANCES.

(a) Ratification of Agreement.--The document entitled the
``Agreement Concerning the Conveyance of Property at the Adak
Naval Complex'', and dated September 20, 2000, executed by
the Aleut Corporation, the Department of the Interior, and
the Department of the Navy, together with any technical
amendments or modifications to the boundaries that may be
agreed to by the parties, is hereby ratified, confirmed, and
approved and the terms, conditions, procedures, covenants,
reservations, indemnities and other provisions set forth in
the Agreement are declared to be obligations and commitments
of the United States as a matter of Federal law.
Modifications to the maps and legal descriptions of lands to
be removed from the National Wildlife Refuge System within
the military withdrawal on Adak Island set forth in Public
Land Order 1949 may be made only upon agreement of all
Parties to the Agreement and notification given to the
Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
The acreage conveyed to the United States by the Aleut
Corporation under the Agreement, as modified, shall be at
least 36,000 acres.
(b) Removal of Lands From Refuge.--Effective on the date of
conveyance to the Aleut Corporation of the Adak Exchange
Lands as described in the Agreement, all such lands shall be
removed from the National Wildlife Refuge System and shall
neither be considered as part of the Alaska Maritime National
Wildlife Refuge nor subject to any laws pertaining to lands
within the boundaries of the Alaska Maritime National
Wildlife Refuge. The conveyance restrictions imposed by
section 22(g) of the Alaska Native Claims Settlement Act (43
U.S.C. 1621(g)) for land in the National Wildlife Refuge
System shall not apply. The Secretary shall adjust the
boundaries of the Refuge so as to exclude all interests in
lands and land rights, surface and subsurface, received by
the Aleut Corporation in accordance with this section and the
Agreement.
(c) Relation to Alaska Native Claims Settlement Act.--Lands
and interests therein exchanged and conveyed by the United
States pursuant to this section shall be considered and
treated as conveyances of lands or interests therein under
the Alaska Native Claims Settlement Act, except that receipt
of such lands and interests therein shall not constitute a
sale or disposition of land or interests received pursuant to
such Act. The public easements for access to public lands and
waters reserved pursuant to the Agreement are deemed to
satisfy the requirements and purposes of section 17(b) of the
Alaska Native Claims Settlement Act.
(d) Reacquisition Authority.--The Secretary of the Interior
is authorized to acquire by purchase or exchange, on a
willing seller basis only, any land conveyed to the Aleut
Corporation under the Agreement and this section. In the
event any of the lands are subsequently acquired by the
United States, they shall be automatically included in the
National Wildlife Refuge System. The laws and regulations
applicable to refuge lands shall then apply to these lands
and the Secretary shall then adjust the boundaries
accordingly.
(e) Conveyance of Navy Personal Property.--Notwithstanding
any other provision of law, and for the purposes of the
transfer of property authorized by this section, Department
of Navy personal property that remains on Adak Island is
deemed related to the real property and shall be conveyed by
the Department of the Navy to the Aleut Corporation, at no
additional cost, when the related real property is conveyed
by the Department of the Interior.
(f) Additional Conveyance.--The Secretary of the Interior
shall convey to the Aleut Corporation those lands identified
in the Agreement as the former landfill sites without charge
to the Aleut Corporation's entitlement under the Alaska
Native Claims Settlement Act.
(g) Valuation.--For purposes of section 21(c) of the Alaska
Native Claims Settlement Act, the receipt of all property by
the Aleut Corporation shall be entitled to a tax basis equal
to fair value on date of transfer. Fair value shall be
determined by replacement cost appraisal.
(h) Certain Property Treated as Not Developed.--Any
property, including, but not limited to, appurtenances and
improvements, received pursuant to this section shall, for
purposes of section 21(d) of the Alaska Native Claims
Settlement Act and section 907(d) of the Alaska National
Interest Lands Conservation Act be treated as not developed
until such property is actually occupied, leased (other than
leases for nominal consideration to public entities) or sold
by the Aleut Corporation, or, in the case of a lease or other
transfer by the Aleut Corporation to a wholly owned
development subsidiary, actually occupied, leased, or sold by
the subsidiary.
(i) Certain Lands Unavailable for Selection.--Upon
conveyance to the Aleut Corporation of the lands described in
Appendix A of the Agreement, the lands described in Appendix
C of the Agreement will become unavailable for selection
under the Alaska Native Claims Settlement Act.
(j) Maps.--The maps included as part of Appendix A to the
Agreement depict the lands to be conveyed to the Aleut
Corporation. The maps are on file at the Region 7 Office of
the United States Fish and Wildlife Service and the offices
of the Alaska Maritime National Wildlife Refuge in Homer,
Alaska. The written legal descriptions of the lands to be
conveyed to the Aleut Corporation are also part of Appendix
A. In case of discrepancies, the maps shall control.
(k) Definitions.--In this section:
(1) The term ``Agreement'' means the agreement ratified,
confirmed, and approved under subsection (a).
(2) The term ``Aleut Corporation'' means the Alaskan Native
Regional Corporation known as the Aleut Corporation
incorporated in the State of Alaska pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

SEC. 2864. SPECIAL REQUIREMENTS FOR ADDING MILITARY
INSTALLATION TO CLOSURE LIST.

Section 2914(d) 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), as added by section 3003 of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107-107; 155 Stat, 1346), 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) Limitation on authority to recommend additional
installation for closure.--Notwithstanding paragraph (3), the

[[Page H5598]]

decision of the Commission to add a military installation to
the Secretary's list of installations recommended for closure
must be unanimous, and at least two members of the Commission
must have visited the installation during the period of the
Commission's review of the list.''.

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) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2003 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $8,034,349,000, to be
allocated as follows:
(1) For weapons activities, $5,937,000,000.
(2) For defense nuclear nonproliferation activities,
$1,074,630,000.
(3) For naval reactors, $706,790,000.
(4) For the Office of the Administrator for Nuclear
Security, $315,929,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary may carry out new plant
projects as follows:
(1) For weapons activities, the following new plant
projects:
Project 03-D-101, Sandia underground reactor facility
(SURF), Sandia National Laboratories, Albuquerque, New
Mexico, $2,000,000.
Project 03-D-103, project engineering and design, various
locations, $15,539,000.
Project 03-D-121, gas transfer capacity expansion, Kansas
City Plant, Kansas City, Missouri, $4,000,000.
Project 03-D-122, prototype purification facility, Y-12
plant, Oak Ridge, Tennessee, $20,800,000.
Project 03-D-123, special nuclear materials
requalification, Pantex plant, Amarillo, Texas, $3,000,000.
(2) For naval reactors, the following new plant project:
Project 03-D-201, cleanroom technology facility, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$7,200,000.

SEC. 3102. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2003 for environmental restoration and waste
management activities and other defense activities in
carrying out programs necessary for national security in the
amount of $7,366,510,000, to be allocated as follows:
(1) For defense environmental restoration and waste
management, $4,544,133,000.
(2) For defense environmental management cleanup reform in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$800,000,000.
(3) For defense facilities closure projects,
$1,091,314,000.
(4) For defense environmental management privatization,
$158,399,000.
(5) For other defense activities in carrying out programs
necessary for national security, $457,664,000.
(6) For defense nuclear waste disposal 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)),
$315,000,000.
(b) Authorization of New Plant Project.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary may carry out, for
environmental restoration and waste management activities,
the following new plant project:
Project 03-D-403, immobilized high-level waste interim
storage facility, Richland, Washington, $6,363,000.

Subtitle B--Department of Energy National Security Authorizations
General Provisions

SEC. 3120. SHORT TITLE; DEFINITIONS.

(a) Short Title.--This subtitle may be cited as the
``Department of Energy National Security Authorizations
General Provisions Act''.
(b) Definitions.--In this subtitle:
(1) The term ``DOE national security authorization'' means
an authorization of appropriations for activities of the
Department of Energy in carrying out programs necessary for
national security.
(2) The term ``congressional defense committees'' means--
(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(3) The term ``minor construction threshold'' means
$5,000,000.

SEC. 3121. REPROGRAMMING.

(a) In General.--Except as provided in sections 3129 and
3130, the Secretary of Energy may not use amounts
appropriated pursuant to a DOE national security
authorization for a program--
(1) in amounts that exceed, in a fiscal year, the amount
authorized for that program by that authorization for that
fiscal year; or
(2) which has not been presented to, or requested of,
Congress,
until the Secretary submits to the congressional defense
committees a report referred to in subsection (b) with
respect to that program and a period of 30 days has elapsed
after the date on which such committees receive the report.
(b) Report.--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.
(c) Computation of Days.--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 three days to a day certain.
(d) Limitations.--
(1) Total amount obligated.--In no event may the total
amount of funds obligated pursuant to a DOE national security
authorization for a fiscal year exceed the total amount
authorized to be appropriated by that authorization for that
fiscal year.
(2) Prohibited items.--Funds appropriated pursuant to a DOE
national security authorization may not be used for an item
for which Congress has specifically denied funds.

SEC. 3122. MINOR CONSTRUCTION PROJECTS.

(a) Authority.--Using operation and maintenance funds or
facilities and infrastructure funds authorized by a DOE
national security authorization, the Secretary of Energy may
carry out minor construction projects.
(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 fiscal year. Each report shall provide a brief
description of each minor construction project covered by the
report.
(c) Cost Variation Reports to Congressional Committees.--
If, at any time during the construction of any minor
construction project authorized by a DOE national security
authorization, the estimated cost of the project is revised
and the revised cost of the project exceeds the minor
construction threshold, the Secretary shall immediately
submit to the congressional defense committees a report
explaining the reasons for the cost variation.
(d) Minor Construction Project Defined.--In this section,
the term ``minor construction project'' means any plant
project not specifically authorized by law for which the
approved total estimated cost does not exceed the minor
construction threshold.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

(a) In General.--
(1) Construction cost ceiling.--Except as provided in
paragraph (2), construction on a construction project which
is in support of national security programs of the Department
of Energy and was authorized by a DOE national security
authorization may not be started, and additional obligations
in connection with the project above the total estimated cost
may not be incurred, whenever the current estimated cost of
the construction project 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) Exception where notice-and-wait given.--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) Computation of days.--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 three days to a day certain.
(b) Exception for Minor Projects.--Subsection (a) does not
apply to a construction project with a current estimated cost
of less than the minor construction threshold.

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 a DOE national security
authorization 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) Transfers permitted.--Subject to paragraph (2), the
Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to a DOE
national security authorization 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) Maximum amounts.--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.

[[Page H5599]]

(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 Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives of any transfer of funds to or from any DOE
national security authorization.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

(a) Requirement of Conceptual Design.--
(1) In general.--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) Requests for conceptual design funds.--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) Exceptions.--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 the minor construction threshold; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--
(1) In general.--Within the amounts authorized by a DOE
national security authorization, 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) Specific authority required.--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 a DOE
national security authorization, including funds authorized
to be appropriated for advance planning, engineering, and
construction design, and for plant projects, 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 a 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 a DOE national
security authorization 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),
amounts appropriated for operation and maintenance or for
plant projects may, when so specified in an appropriations
Act, remain available until expended.
(b) Exception for NNSA Funds.--Amounts appropriated for the
National Nuclear Security Administration pursuant to a DOE
national security authorization for a fiscal year shall
remain available to be expended--
(1) only until the end of that fiscal year, in the case of
amounts appropriated for the Office of the Administrator for
Nuclear Security; and
(2) only in that fiscal year and the two succeeding fiscal
years, in all other cases.

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 that
office to another such program or project.
(b) Limitations.--
(1) Number of transfers.--Not more than one transfer may be
made to or from any program or project under subsection (a)
in a fiscal year.
(2) Amounts transferred.--The amount transferred to or from
a program or project in any one transfer under subsection (a)
may not exceed $5,000,000.
(3) Determination required.--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--
(A) to address a risk to health, safety, or the
environment; or
(B) to assure the most efficient use of defense
environmental management funds at the field office.
(4) Impermissible uses.--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, a program or
project that is for environmental restoration or waste
management activities necessary for national security
programs of the Department, that is being carried out by that
office, and for which defense environmental management funds
have been authorized and appropriated; and
(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.

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 that office to another such program
or project.
(b) Limitations.--
(1) Number of transfers.--Not more than one transfer may be
made to or from any program or project under subsection (a)
in a fiscal year.
(2) Amounts transferred.--The amount transferred to or from
a program or project in any one transfer under subsection (a)
may not exceed $5,000,000.
(3) Determination required.--A transfer may not be carried
out by a manager of a field office under subsection (a)
unless the manager determines that the transfer--
(A) is necessary to address a risk to health, safety, or
the environment; or
(B) will result in cost savings and efficiencies.
(4) Limitation.--A transfer may not be carried out by a
manager of a field office under subsection (a) to cover a
cost overrun or scheduling delay for any program or project.
(5) Impermissible uses.--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, a program or
project that is for weapons activities necessary for national
security programs of the Department, that is being carried
out by that office, and for which weapons activities funds
have been authorized and appropriated; and
(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.

SEC. 3131. SCOPE OF AUTHORITY TO CARRY OUT PLANT PROJECTS.

In carrying out programs necessary for national security,
the authority of the Secretary of Energy to carry out plant
projects includes authority for maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto.

Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3141. ONE-YEAR EXTENSION OF PANEL TO ASSESS THE
RELIABILITY, SAFETY, AND SECURITY OF THE UNITED
STATES NUCLEAR STOCKPILE.

Section 3159 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121 note)
is amended--
(1) in subsection (d), by striking ``February 1, 2002,''
and inserting ``February 1 of 2002 and 2003,''; and

[[Page H5600]]

(2) in subsection (g), by striking ``three years'' and all
that follows through the period at the end and inserting
``April 1, 2003.''.

SEC. 3142. TRANSFER TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION OF DEPARTMENT OF DEFENSE'S
COOPERATIVE THREAT REDUCTION PROGRAM RELATING
TO ELIMINATION OF WEAPONS GRADE PLUTONIUM IN
RUSSIA.

(a) Transfer of Program.--There are hereby transferred to
the Administrator for Nuclear Security the following:
(1) The program, within the Cooperative Threat Reduction
program of the Department of Defense, relating to the
elimination of weapons grade plutonium in Russia.
(2) All functions, powers, duties, and activities of that
program performed before the date of the enactment of this
Act by the Department of Defense.
(b) Transfer of Assets.--(1) So much of the property,
records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with the program
transferred by subsection (a) are transferred to the
Administrator for use in connection with the program
transferred.
(2) Funds so transferred--
(A) shall be credited to the appropriation account of the
Department of Energy for the activities of the National
Nuclear Security Administration in carrying out defense
nuclear nonproliferation activities; and
(B) remain subject to such limitations as applied to such
funds before such transfer.
(c) References.--Any reference in any other Federal law to
the Secretary of Defense (or an officer of the Department of
Defense) or the Department of Defense shall, to the extent
such reference pertains to a function transferred by this
section, be deemed to refer to the Administrator for Nuclear
Security or the National Nuclear Security Administration, as
applicable.

SEC. 3143. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION OF
FUNDS FOR PROGRAMS ON FISSILE MATERIALS IN
RUSSIA.

SEC. 3144. ANNUAL CERTIFICATION TO THE PRESIDENT AND CONGRESS
ON THE CONDITION OF THE UNITED STATES NUCLEAR
WEAPONS STOCKPILE.

(a) Certification Required.--(1) Not later than January 15
of each year, each official specified in subsection (b)(1)
shall submit to the Secretary concerned a certification
regarding the safety, reliability, and performance of each
nuclear weapon type in the active stockpile of the United
States for which such official is responsible.
(2) Not later than February 1 of each year, the Secretary
of Defense and the Secretary of Energy shall each submit to
the President and the Congress--
(A) each certification, without change, submitted under
paragraph (1) to that Secretary;
(B) each report, without change, submitted under subsection
(d) to that Secretary;
(C) the comments of that Secretary with respect to each
such certification and each such report; and
(D) any other information that the Secretary considers
appropriate.
(b) Covered Officials and Secretaries.--(1) The officials
referred to in subsection (a) are the following:
(A) The head of each national security laboratory, as
defined in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471).
(B) The commander of the United States Strategic Command.
(2) In this section, the term ``Secretary concerned''
means--
(A) the Secretary of Energy, with respect to matters
concerning the Department of Energy; and
(B) the Secretary of Defense, with respect to matters
concerning the Department of Defense.
(c) Use of ``Red Teams'' For Laboratory Certifications.--
The head of each national security laboratory shall, to
assist in the certification process required by subsection
(a), establish one or more teams of experts known as ``red
teams''. Each such team shall--
(1) subject to challenge the matters covered by that
laboratory's certification, and submit the results of such
challenge, together with findings and recommendations, to the
head of that laboratory; and
(2) carry out peer review of the certifications carried out
by the other laboratories, and submit the results of such
peer review to the head of the laboratory concerned.
(d) Report Accompanying Certification.--Each official
specified in subsection (b)(1) shall submit with each such
certification a report on the stockpile stewardship and
management program of the Department of Energy. The report
shall include the following:
(1) An assessment of the adequacy of the science-based
tools and methods being used to determine the matters covered
by the certification.
(2) An assessment of the capability of the manufacturing
infrastructure required by section 3137 of the National
Defense Authorization Act for Fiscal Year 1996 (42 U.S.C.
2121 note) to identify and fix any inadequacy with respect to
the matters covered by the certification.
(3) An assessment of the need of the United States to
resume testing of nuclear weapons and the readiness of the
United States to resume such testing, together with an
identification of the specific tests the conduct of which
might have value and the anticipated value of conducting such
tests.
(4) An identification and discussion of any other matter
that adversely affects the ability to accurately determine
the matters covered by the certification.
(5) In the case of a report submitted by the head of a
national security laboratory, the findings and
recommendations submitted by the ``red teams'' under
subsection (c) that relate to such certification, and a
discussion of those findings and recommendations.
(6) In the case of a report submitted by the head of a
national security laboratory, a discussion of the relative
merits of other weapon types that could accomplish the
mission of the weapon type covered by such certification.
(e) Classified Form.--Each submission required by this
section shall be made only in classified form.

SEC. 3145. PLAN FOR ACHIEVING ONE-YEAR READINESS POSTURE FOR
RESUMPTION BY THE UNITED STATES OF UNDERGROUND
NUCLEAR WEAPONS TESTS.

(a) Plan Required.--The Secretary of Energy, in
consultation with the Administrator for Nuclear Security,
shall prepare a plan for achieving, not later than one year
after the date on which the plan is submitted under
subsection (c), a one-year readiness posture for resumption
by the United States of underground nuclear weapons tests.
(b) Definition.--For purposes of this section, a one-year
readiness posture for resumption by the United States of
underground nuclear weapons tests is achieved when the
Department of Energy has the capability to resume such tests,
if directed by the President to resume such tests, not later
than one year after the date on which the President so
directs.
(c) Report.--The Secretary shall include with the budget
justification materials submitted to Congress in support of
the Department of Energy budget for fiscal year 2004 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) a report on the plan
required by subsection (a). The report shall include the plan
and a budget for implementing the plan.

SEC. 3146. PROHIBITION ON DEVELOPMENT OF LOW-YIELD NUCLEAR
WEAPONS.

(a) United States Policy.--It shall be the policy of the
United States not to conduct development which could lead to
the production by the United States of a new low-yield
nuclear weapon, including a precision low-yield warhead.
(b) Limitation.--The Secretary of Energy may not conduct,
or provide for the conduct of, development which could lead
to the production by the United States of a low-yield nuclear
weapon which, as of the date of the enactment of this Act,
has not entered production.
(c) Effect on Other Development.--Nothing in this section
shall prohibit the Secretary of Energy from conducting, or
providing for the conduct of, development necessary--
(1) to design a testing device that has a yield of less
than five kilotons;
(2) to modify an existing weapon for the purpose of
addressing safety and reliability concerns; or
(3) to address proliferation concerns.
(d) Definitions.--In this section--
(1) the term ``low-yield nuclear weapon'' means a nuclear
weapon that has a yield of less than five kilotons; and
(2) the term ``development'' does not include concept
definition studies, feasibility studies, or detailed
engineering design work.
(e) Conforming Repeal.--Section 3136 of the National
Defense Authorization Act for Fiscal Year 1994 (42 U.S.C.
2121 note) is repealed.

Subtitle D--Matters Relating to Defense Environmental Management

SEC. 3151. DEFENSE ENVIRONMENTAL MANAGEMENT CLEANUP REFORM
PROGRAM.

(a) Program Required.--From funds made available pursuant
to section 3102(a)(2) for defense environmental management
cleanup reform, the Secretary of Energy shall carry out a
program to reform DOE environmental management activities. In
carrying out the program, the Secretary shall allocate, to
each site for which the Secretary has submitted to the
congressional defense committees a site performance
management plan, the amount of those funds that such plan
requires.
(b) Transfer and Merger of Funds.--Funds so allocated
shall, notwithstanding section 3124, be transferred to the
account for DOE environmental management activities and,
subject to subsection (c), shall be merged with and be
available for the same purposes and for the same period as
the funds available in such account. The authority provided
by section 3129 shall apply to funds so transferred.
(c) Limitation on Use of All Merged Funds.--Upon a transfer
and merger of funds under subsection (b), all funds in the
merged account that are available with respect to the site
may be used only to carry out the site performance management
plan for such site.
(d) Site Performance Management Plan Defined.--For purposes
of this section, a site

[[Page H5601]]

performance management plan for a site is a plan, agreed to
by the applicable Federal and State agencies with regulatory
jurisdiction with respect to the site, for the performance of
activities to accelerate the reduction of environmental risk
in connection with, and to accelerate the environmental
cleanup of, the site.
(e) DOE Environmental Management Activities Defined.--For
purposes of this section, the term ``DOE environmental
management activities'' means environmental restoration and
waste management activities of the Department of Energy in
carrying out programs necessary for national security.

SEC. 3152. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT
INITIATIVES TO ACCELERATE THE REDUCTION OF
ENVIRONMENTAL RISKS AND CHALLENGES POSED BY THE
LEGACY OF THE COLD WAR.

(a) Report Required.--The Secretary of Energy shall prepare
a report on the status of those environmental management
initiatives specified in subsection (b) that are being
undertaken to accelerate the reduction of the environmental
risks and challenges that, as a result of the legacy of the
Cold War, are faced by the Department of Energy, contractors
of the Department, and applicable Federal and State agencies
with regulatory jurisdiction.
(b) Contents.--The report shall include the following
matters:
(1) A discussion of the progress made in reducing such
risks and challenges in each of the following areas:
(A) Acquisition strategy and contract management.
(B) Regulatory agreements.
(C) Interim storage and final disposal of high-level waste,
spent nuclear fuel, transuranic waste, and low-level waste.
(D) Closure and transfer of environmental remediation
sites.
(E) Achievements in innovation by contractors of the
Department with respect to accelerated risk reduction and
cleanup.
(F) Consolidation of special nuclear materials and
improvements in safeguards and security.
(2) An assessment of the progress made in streamlining risk
reduction processes of the environmental management program
of the Department.
(3) An assessment of the progress made in improving the
responsiveness and effectiveness of the environmental
management program of the Department.
(4) Any proposals for legislation that the Secretary
considers necessary to carry out such initiatives, including
the justification for each such proposal.
(c) Initiatives Covered.--The environmental management
initiatives referred to in subsection (a) are the initiatives
arising out of the report titled ``Top-to-Bottom Review of
the Environmental Management Program'' and dated February 4,
2002, with respect to the environmental restoration and waste
management activities of the Department of Energy in carrying
out programs necessary for national security.
(d) Submission of Report.--On the date on which the budget
justification materials in support of the Department of
Energy budget for fiscal year 2004 (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code) are submitted to Congress, the Secretary
shall submit to the congressional defense committees the
report required by subsection (a).

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year
2003, $19,000,000 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. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year
2003, the National Defense Stockpile Manager may obligate up
to $76,400,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, 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.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $21,069,000 for fiscal year 2003
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
2003.

Funds are hereby authorized to be appropriated for fiscal
year 2003, 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, $93,132,000.
(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.), $54,126,000, of which--
(A) $50,000,000 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) $4,126,000 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, including provision of
assistance under section 7 of Public Law 92-402 (as amended
by this title), $20,000,000.

SEC. 3502. AUTHORITY TO CONVEY VESSEL USS SPHINX (ARL-24).

(a) In General.--Notwithstanding any other law, the
Secretary of Transportation may convey the right, title, and
interest of the United States Government in and to the vessel
USS SPHINX (ARL-24), to the Dunkirk Historical Lighthouse and
Veterans Park Museum (a not-for-profit corporation, in this
section referred to as the ``recipient'') for use as a
military museum, if--
(1) the recipient agrees to use the vessel as a nonprofit
military museum;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to
the Government when the Secretary requires use of the vessel
by the Government;
(4) the recipient agrees that when the recipient no longer
requires the vessel for use as a military museum--
(A) the recipient will, at the discretion of the Secretary,
reconvey the vessel to the Government in good condition
except for ordinary wear and tear; or
(B) if the Board of Trustees of the recipient has decided
to dissolve the recipient according to the laws of the State
of New York, then--
(i) the recipient shall distribute the vessel, as an asset
of the recipient, to a person that has been determined exempt
from taxation under the provisions of section 501(c)(3) of
the Internal Revenue Code, or to the Federal Government or a
State or local government for a public purpose; and
(ii) the vessel shall be disposed of by a court of
competent jurisdiction of the county in which the principal
office of the recipient is located, for such purposes as the
court shall determine, or to such organizations as the court
shall determine are organized exclusively for public
purposes;
(5) the recipient agrees to hold the Government harmless
for any claims arising from exposure to asbestos after
conveyance of the vessel, except for claims arising from use
by the Government under paragraph (3) or (4); and
(6) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000.
(b) Delivery of Vessel.--If a conveyance is made under this
Act, the Secretary shall deliver the vessel at the place
where the vessel is located on the date of enactment of this
Act, in its present condition, without cost to the
Government.
(c) Other Unneeded Equipment.--The Secretary may also
convey any unneeded equipment from other vessels in the
National Defense Reserve Fleet in order to restore the USS
SPHINX (ARL-24) to museum quality.
(d) Retention of Vessel in NDRF.--The Secretary shall
retain in the National Defense Reserve Fleet the vessel
authorized to be conveyed under subsection (a), until the
earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of conveyance of the vessel under subsection
(a).

SEC. 3503. FINANCIAL ASSISTANCE TO STATES FOR PREPARATION OF
TRANSFERRED OBSOLETE SHIPS FOR USE AS
ARTIFICIAL REEFS.

(a) In General.--Public Law 92-402 (16 U.S.C. 1220 et seq.)
is amended by redesignating section 7 as section 8, and by
inserting after section 6 the following:

``SEC. 7. FINANCIAL ASSISTANCE TO STATE TO PREPARE
TRANSFERRED SHIP.

``(a) Assistance Authorized.--The Secretary, subject to the
availability of appropriations, may provide, to any State to
which an obsolete ship is transferred under this Act,
financial assistance to prepare the ship for use as an
artificial reef, including for--
``(1) environmental remediation;
``(2) towing; and
``(3) sinking.
``(b) Amount of Assistance.--The Secretary shall determine
the amount of assistance under this section with respect to
an obsolete ship based on--
``(1) the total amount available for providing assistance
under this section;

[[Page H5602]]

``(2) the benefit achieved by providing assistance for that
ship; and
``(3) the cost effectiveness of disposing of the ship by
transfer under this Act and provision of assistance under
this section, compared to other disposal options for the
vessel.
``(c) Terms and Conditions.--The Secretary--
``(1) shall require a State seeking assistance under this
section to provide cost data and other information determined
by the Secretary to be necessary to justify and document the
assistance; and
``(2) may require a State receiving such assistance to
comply with terms and conditions necessary to protect the
environment and the interests of the United States.''.
(b) Conforming Amendment.--Section 4(4) of such Act (16
U.S.C. 1220a(4)) is amended by inserting ``(except for any
financial assistance provided under section 7)'' after ``at
no cost to the Government''.

SEC. 3504. INDEPENDENT ANALYSIS OF TITLE XI INSURANCE
GUARANTEE APPLICATIONS.

Section 1104A of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1274) is amended--
(1) by adding at the end of subsection (d) the following:
``(4) The Secretary may obtain independent analysis of an
application for a guarantee or commitment to guarantee under
this title.''; and
(2) in subsection (f) by inserting ``(including for
obtaining independent analysis under subsection (d)(4))''
after ``applications for a guarantee''.
Mr. STUMP (during the reading). Mr. Speaker, I ask unanimous consent
that the Senate amendment and the proposed House amendment thereto be
considered as read and printed in the Record.
The SPEAKER pro tempore (Mr. Sweeney). Is there objection to the
request of the gentleman from Arizona?
Mr. SKELTON. Mr. Speaker, reserving the right to object, I yield to
the gentleman from Arizona (Mr. Stump) for the purpose of explaining
this request.
Mr. STUMP. Mr. Speaker, I thank the gentleman for yielding.
The motion we are making is required to accomplish a goal of going to
conference with the Senate on the defense authorization bill in a
manner that reflects the totality of the action taken by the House. The
gentleman is aware the House passed one defense authorization bill in
early May and we completed another on yesterday, reflecting the $10
billion war contingency cost requested by the President.
These motions would take the two bills passed by the House and join
them together as the proper consolidated House position for going to
conference with the Senate.
Mr. SKELTON. Mr. Speaker, further reserving the right to object, Mr.
Speaker, I yield to the gentleman from Ohio (Mr. Kucinich).

{time} 1215

Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman and the
members of the committee for their work on this bill and I wish them
well in conference.
I want to take what I think it is going to be particularly important
for the conferees to focus on the work of the committee in insisting
that the language of the committee's work limits the administration to
action relating only to September 11, and that, in fact, there is no
authorization for any action against Iraq.
It is important for this Congress to have a debate. It is important
for this Congress to insist on its prerogatives under Article 1 Section
8 of the Constitution of the United States, and our conference
committee has an opportunity to protect that prerogative.
I am hopeful that the administration will recognize the importance of
having a debate over Iraq on the floor of this House.
Mr. Speaker, I want to thank the gentleman for yielding me time, and
I want to thank the gentleman and the chair for the fine work they have
done on this bill.
Mr. SKELTON. Mr. Speaker, further reserving my right to object, I
yield to the gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished
ranking member, and I too would like to rise and thank the gentleman
from Arizona (Mr. Stump) and the gentleman from Missouri (Mr. Skelton)
for the fair way in which they have handled one of the most important
responsibilities of this Nation, and that is defending this Nation.
I too want to offer additional comments about the young men and
women, the military personnel that are serving in Guantanamo Bay. I had
the opportunity to visit with the gentleman from Ohio (Mr. Hobson) to
see the condition of the individuals that are held in incarceration
after the September 11 terroristic act. There is a great improvement in
their living conditions, which I believe are humane. And I hope as we
move through this process, working with the gentleman from Ohio (Mr.
Hobson), I know that we will work as well for the military personnel's
conditions.
I know that it will be resolved, but I wanted to share that with the
committee. But as I share that with the committee, let me also suggest
that I want to make sure the language sticks to the September 11
conditions that we are having the opportunity to have congressional
oversight as it relates to entering into Iraq. None of our Arab allies
support the idea of precipitously attacking Iraq.
I believe it is this Congress's responsibility to have oversight when
we make determinations of war. Going into Iraq would be an act of war.
I think the American people deserve and are owed a full discussion and
debate of such a command by this Congress.
Mr. Speaker, I thank the gentleman for this fine legislation. I hope
we can narrow it or keep it focussed on the fight against terrorism
which I stand side by side with the leadership of this committee and
this House in fighting terrorism against America, but stand absolutely
opposed to an attack against Iraq without the full debate of this
Congress.
Mr. SKELTON. Mr. Speaker, I thank the gentlewoman from Texas (Ms.
Jackson-Lee) and the gentleman from Ohio (Mr. Kucinich) for their
remarks.
Mr. SKELTON. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore (Mr. Bass). Is there objection to the request
of the gentleman from Arizona?
There was no objection.
The SPEAKER pro tempore. Is there objection to the initial request of
the gentleman from Arizona?
There was no objection.

Appointment of Conferees

Mr. STUMP. Mr. Speaker, I ask unanimous consent that the House insist
on its amendment to the Senate amendment to H.R. 4546 and request a
conference with the Senate thereon.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.

Motion to Instruct Conferees

Mr. TAYLOR of Mississippi. Mr. Speaker, I offer a motion to instruct
conferees on this motion.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Taylor of Mississippi 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 Senate amendment to the bill H.R. 4546 be
instructed to insist upon the provisions of section 1551 of the House
amendment (relating to the establishment of at least one Weapons of
Mass Destruction Civil Support Team in each State).
The SPEAKER pro tempore. Under rule XX the gentleman from Mississippi
(Mr. Taylor) and the gentleman from Arizona (Mr. Stump) each will
control 30 minutes.
The Chair recognizes the gentleman from Mississippi (Mr. Taylor).
Mr. TAYLOR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we as a Nation have learned a heck of a lot in the
months after September. As a member of the Committee on Armed Services,
one of the things we have been told for years and that we were asked
not to talk about was the very large number of nations that possess
weapons of mass destruction. Now it has been published in so many
magazines that it is hardly a secret anymore, but I think the people of
America are well aware that almost 30 nations have some form of weapons
of mass destruction, be it chemical, biological or nuclear.
They are also aware because of published reports that many of the
nations that possess these weapons are not in very good control of
these weapons. So it is now just considered a matter of time until a
terrorist group gets their hands on a chemical weapon, a biological
weapon or a nuclear weapon.
Mr. Speaker, I think it is fair to say that as a nation, we are
unprepared for

[[Page H5603]]

that eventuality. One of things this committee has done very wisely in
years past is to fund 30 years through the National Guard, 22-member
teams that would be in a position to train local first responders; and
then with the proper equipment and with the proper training, be in a
position to respond to such an attack.
Mr. Speaker, we have offered an amendment in the committee with the
help of our chairman that was adopted, I believe, by unanimous votes of
the committee to put one of these teams in every State, to come up with
the necessary funds, approximately $190 million, so that there is a
weapons of mass destruction civil support team in every State.
I see this very much like I see my local fire department. I go out of
my way to see to it that there will never be a fire in my house, but
the fact of the matter is there well could be and it could be right
now. And since it could be, I want my local fire department to have the
training and the equipment to respond to that to minimize the damages
and the loss of human life. I see a weapons of mass destruction team in
every State as just like that. I pray to God that it never happens, but
I have to presume it will happen. And when it does happen, I want every
State in the Union to have a core of competency within several hours of
these people to respond.
Should it be a biological attack with a crop duster over a football
stadium, or a chemical attack in a subway of a huge city, or someone
stealing the mosquito control truck and driving down the streets in the
middle of the night.
Each State has to have the availability to detect whether or not this
actually occurred, detect what happened, have the equipment so the
first responders do not themselves die from exposure when they go to
see what happened; and then be in a position to instruct the local
governors, instruct the local guard, instruct the local responders what
to do to minimize the damage and the loss of human life.
Again, I want to thank our chairman and we are all going to miss the
gentleman from Arizona (Mr. Stump) a great deal for his cooperation on
this, and it could not have passed without his cooperation. I want to
thank my colleagues, the gentleman from Connecticut (Mr. Maloney), the
gentleman from North Carolina (Mr. Jones), and the gentleman from New
Jersey (Mr. Saxton) and all the people who contributed to co-sponsoring
this amendment. It was a team effort to make it happen, and it will
take a team effort between our National Guard, our policemen and our
firemen, our governors, our State police to see to it that at least we
have an ability to respond to that attack when it happens.
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 a position taken by the Committee on Armed Services on this
matter just a few short days ago. It is also consistent with the
provision that passed this House earlier this May.
We had a good debate in considering the provision and it is clear
that the proponent made a compelling case in the number of States that
presently face deficiencies in receiving proper coverage from existing
weapons of mass destruction civil support teams. Whether that means
that this precise formulation in this provision is the right solution
remains to be seen. But it is clear that the conference must address
this issue and bring it back to the House; a formulation that improves
the abilities of the State presently without such a team to receive
such assistance in the event of a weapons of mass destruction event.
I appreciate my colleague bringing this important matter forward and
look forward to working with them in a conference to arrive at the best
possible solution.
Mr. Speaker, I reserve the balance of my time.
Mr. TAYLOR of Mississippi. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, again I want to thank a great American, a great patriot,
someone who served this country well in World War II and still serves
this country well in the year 2002, the gentleman from Arizona (Mr.
Stump) for his help on this and for everything he has done.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Missouri (Mr. Skelton), the ranking Democrat on the Committee on
Armed Services, the father of two young people in uniform serving their
country.
Mr. SKELTON. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, let me take this opportunity to complement the gentleman
from Mississippi (Mr. Taylor) on this effort and his colleague from
Connecticut (Mr. Maloney) who have worked hard and were successful in
offering the amendment that was adopted unanimously in the Committee on
Armed Services.
I think this is very important. Although Missouri has a civil support
team, and I am so very proud of the Missouri National Guard and the
work they are doing, I think it is important that all States have the
same type of response and protection. The measure that is represented
in this motion by the gentleman from Mississippi is one that was
adopted. It was on a bipartisan effort and it is particularly important
that we shift our national attention to the task of defending our
Nation against terrorism.
This is an excellent motion and I thank the gentleman for allowing me
to be part of this today, to endorse the important motion to instruct,
and with the hopes that the efforts of the gentleman from Mississippi
(Mr. Taylor) and the gentleman from Connecticut (Mr. Maloney) will be
elected positively by this Chamber and we thank also the chairman, the
gentleman from Arizona (Mr. Stump) for his cooperation and support in
this regard.
Mr. STUMP. Mr. Speaker, I yield 5 minutes to the gentleman from
Pennsylvania (Mr. Weldon).
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Speaker, I thank my colleague for
yielding me time.
I rise and will not oppose this motion to instruct as I did not in
the committees, but I rise to basically let our colleagues understand
what is at play here.
Please do not feel assured because Members vote for this motion to
instruct. It is not going to do what you are being led to think it will
do. Now, I say that because I would not be in this body were it not for
the first responders of this country.
I grew up in a fire service family, became chief of my own
department, went back and got a degree in fire protection and ran
training programs for fire companies. In my home town, where I
eventually became mayor and was the fire chief, had two of the largest
refineries on the east coast and also had chemical plants and had the
largest fire in America in 1975.
I have traveled across the country as the founder and chairman of the
Fire Caucus. I have been to the gentleman's State three times. I have
been in all 50 States on every disaster and spoken to all major
national fire groups. There is no fire department in America that gets
its training from the National Guard. National Guardsmen, by their
nature, are part-time soldiers. They are there to respond when
requested.
Do my colleagues know what the time is for a RAID team to be called
to active duty in a disaster? Is it 10 minutes? Is it 1 hour? Twelve
hours. You will not have a RAID team on a scene until twelve hours.
Now, the Marine Corps Seabird team which was specifically stood up by
the Congress for chemical, biological and nuclear incidents, has a
mandate to be on the scene in four hours. We only have one of those,
and they are specially trained full-time people. Please do not think
that the National Guard is going to be your first responder. It will
never be your first responder.
Now, do we need to have the fire service trained by a group of
National Guardsmen? No way. In the last 100 years every fire at an oil
refinery, at a chemical plant, we do not call the National Guard in.
The local fire and emergency responders are there. They understand what
it takes to deal with weapons of mass destruction. I do not know one
soldier that has ever been in a real life chemical incident. I do not
know of any. But I can tell you there are hundreds of fire companies
that respond to chemical fires every day in this country.

[[Page H5604]]

How do we expect the National Guard to train the fire fighters when
they have been doing this for 100 years?
Mr. Speaker, I talk to all the fire service groups. There are 32,000
departments in the country. They are America's first responder. When an
incident occurs, whether it is a chemical, biological or nuclear
incident, the first responder on the scene will be a fire truck, a
paramedic, a local police car or it will be some other type of
emergency response. It will not be a National Guard team. They need to
have the equipment and the preparation to deal with that incident in
the first hour. This amendment does not do that.
This amendment does not give them equipment. There is no fire
department in America asking for a State RAID team. None. Or a civil
response team. None. There is no national fire organization, not the
IAFF, not the National Volunteer Council, not the NFPA, not the Arson
Investigators, not the Fire Instructors, the seven major groups, none
of them are asking for this.

{time} 1230

I am not saying it does not serve a purpose. Having a State National
Guard civil response team can help. It can provide resources, it can
provide access to Federal assets, but it is not going to be the end-
all, cure-all; and if we think that, then we are only lying to
ourselves, and more importantly, we are frustrating the first
responders across the country.
So I say to my colleagues when they vote for this measure, which I
will vote for, understand that we are not solving the problem of local
emergency responders. What they are asking for is more equipment. They
know how to deal with chemical plant fires. They go in there every day.
A National Guardsman who is a part-time person or even full-time does
not fight chemical plant fires, does not know what it is like to go
into an environment involving petro chemical situations. Firefighters
do.
Our focus in this country in the debate on homeland security needs to
be reinforced by the domestic defender of this country, the first
responder, and that is not the National Guard. It is the 1 million men
and women in 32,000 organizations who every day respond to our
disasters. The National Guard can back them up and support them. That
is an important role, and I supported that role; but these teams are
not going to be able to instantly respond to a terrorist incident.
Twelve hours minimum for them to get activated.
The first responder is the group that our focus should be on when we
get to conference, just like this Congress allocated $100 million and
then $400 million for the first responder; that is where the focus
should be.
So I say to my colleagues I will support this resolution. I applaud
my colleague for his leadership. He is a great American and a great
member of the committee; but I want my colleagues to understand, please
do not think that this amendment and this motion to instruct is going
to solve the problem of homeland security. Go talk to the local fire
companies when we are done with this vote, go call them on the vote and
say is it really a priority in southern Mississippi that they want a
civil response team, and they will say what in the heck is a civil
response team. I cannot even have a fire truck response because they do
not have enough money; we do not have enough volunteers. That is where
their focus needs to be, and they are the kind of things we should be
doing to support them.
Mr. TAYLOR of Mississippi. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, my colleague and former firefighter from Pennsylvania
makes an excellent point. There are 32,000 fire departments in this
Nation. Do my colleagues not think we ought to have at least one of
them in every State that has got the capability to respond to a nuclear
or biological or chemical attack? I have no clear conscience that we
have even one in the State of Mississippi.
Again, it is sort of the difference between the Pennsylvanias of the
world and the Mississippis of the world. Over half the cities in
Mississippi are 10,000 people or less. They are by design low-tax and,
therefore, low-service. There is an incredible turnover, I am sorry to
say, because they do not pay as well as they should. So we do need a
core competency in every State. No one is going to say that this makes
the world safer from a chem biological attack.
I can tell my colleagues right now, if a crop duster were to fly over
a football field at Old Miss or Mississippi State and release a
substance, I really do not think there is anyone in the State of
Mississippi right now who can run the test to determine whether or not
it was just diesel fuel, whether it was water, or whether it was a
chemical or biological agent. There is no one that I know of that can
show up in the protective gear to take those tests that I know I will
not be endangering their lives just to ask them to go take the test.
These are core competencies that every State needs, not just the 30
States that presently have them.
Mr. Chairman, I am honored again that so many people from both sides
of the aisle have chosen to sign on to this and help us with it. One of
those people is helping even though his State already has a weapons of
mass destruction civil support team; that has been a big help on this.
It is the gentleman from Texas (Mr. Ortiz).
Mr. Speaker, I yield such time as he may consume to the gentleman
from Texas (Mr. Ortiz).
Mr. ORTIZ. Mr. Speaker, I thank my good friend for yielding me the
time.
The gentleman from Pennsylvania (Mr. Weldon) made a great point when
he said that the response team would take about 12 hours to respond.
Can my colleagues imagine how long it will take in Texas? Texas is a
big, big State. Those of us who reside close to a military base, we
have peace of mind that the people who reside around that military
base, they know that they can respond when needed.
But if my colleagues take my State, where we have four military
bases, south of Corpus Christi, Texas, we have 7 million people. We do
not have a military base. What we do have is a border between the
United States and Mexico where it is supposed to be the front door to
trade. We have thousands of vehicles that cross the border. We have a
deep water sea port, people that go back and forth. However, we do not
have a military base of active military duty people that can respond to
an emergency like this.
Texas has one in the great city of Austin, Texas; but for my district
way down south, it is 950 miles to El Paso. It is 850 miles to
Amarillo. We just happen to have a big State, and I am encouraging that
we provide another team in south Texas, and I think that this motion to
instruct makes a lot of sense. I think that this will give people in
every State peace of mind that we have people who are prepared and
ready to respond to any type of emergency.
Mr. STUMP. Mr. Speaker, I yield 8 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, I thank the gentleman for yielding the time,
and I would like to yield to my good colleague from Pennsylvania to
make another remark about this issue.
Mr. WELDON of Pennsylvania. Mr. Speaker, will the gentleman yield?
Mr. HUNTER. I yield to the gentleman from Pennsylvania.
Mr. WELDON of Pennsylvania. Mr. Speaker, I thank my colleague for
yielding to me.
I just want to clarify the point that somehow we do not care about
the small rural towns in America. I was the fire chief of a town of
5,000 people, then the mayor, all volunteer, no pay; and in the
gentleman's State of Mississippi, the bulk of his firefighters are
volunteer, not paid anything. Eighty-five percent of the 32,000
departments in America are volunteer.
The fact is they have been trained. We trained 125 of the largest
cities, and we now have an active program to train as many departments
as possible.
In 1975, I had a chemical-carrying tanker make a U-turn at the
Delaware River and ram an oil tanker at the dock in my town of 5,000
people. It burned out of control for 3 days and killed 29 people. It
was the largest fire in America that year. The entire incident was
handled with volunteers. It was not handled by the National Guard. That
was a chemical incident.
My colleague might call it not a weapon of mass destruction. Well,
when we have a chemical-carrying tanker filled with vinyl acetate and
polymers and it explodes with an oil

[[Page H5605]]

tanker, that is a chemical incident. It may not be a terrorist
incident, but we handled it.
The point that I am trying to make is we should not be looking to the
military to do what has been done every day by our fire service. They
are the first responders. Give them the equipment. So that in Texas,
where my good friend, the gentleman from Texas (Mr. Ortiz), is, we do
not just have one team, we have teams all over the State who are
properly prepared and equipped.
Every department needs to have a capability. That is what they are
asking for. They are asking for the tools and the resources in all
32,000 departments. That is what we should be advocating, not some
artificial response, one in a State that can come in 12 hours later. We
need to have this capability in every department, and this is why the
program that we have established for grants with bipartisan support is
the right way to go.
Mr. HUNTER. Mr. Speaker, reclaiming my time, I thank my colleague for
his remarks; and, Mr. Speaker, I would just like to talk briefly about
the bills that we are sending to conference here because I think there
has been a little confusion because of the time deadlines and the
exigency and having to move these bills, particularly this second piece
of the defense bill, which is kind of unprecedented, this second $10
billion segment and adding that to the $383 billion base bill.
I just want to say at this time, this has been an exercise in which
we have had to move expeditiously; but the gentleman from Arizona (Mr.
Stump), our chairman, and the gentleman from Missouri (Mr. Skelton),
our ranking member, have really worked together and brought out the
best in terms of our bipartisan concern and our bipartisan caring about
how we shape the U.S. military.
We have got some major challenges right now. We have to try to
modernize, and we are way behind the modernization curve. We are
probably $30 billion per year short in terms of replacing all the
tanks, trucks, ships, and planes that have to be replaced so our guys
are driving equipment that is halfway modern.
At the same time, we have got to keep the wheels turning in this war
against terror, and we have a major operation going in Afghanistan that
is costing us a couple of billion dollars a month. Beyond that, we have
got our air operations in the Iraq theater and in other parts of the
world that are taking a lot of operational dollars.
In this last piece, this $10 billion piece that we moved that is
going into conference today, we have got a lot of things that we have
to have for the next couple of months in this next fiscal year. We have
got things like military pays, combat-related pays going to the war
fighters and to their families. That is an important piece of this. We
also have intelligence money because we are going to need some new
intelligence assets, as this is going to be a fairly large burden now
for us to carry, but we have to have it because we are now entering the
phase in this war against terror where the people who wanted to come to
the war, basically come to the sound of the American guns and meet us
on the battlefield, are no longer with us; and the people who remain
now and the al Qaeda and the other organizations that support them now
have to basically be hunted down.
That is very difficult. It requires a large and effective
intelligence capability, and this is why we are having to build a
significant amount of the budget into that area.
We also have operational requirements. We have got all the spare
parts, and if my colleagues were over there recently, and I had the
good fortune to be there with a CODEL a week or so ago, and if my
colleagues were over there watching the operators in the theater with
C-17s, the C-130s, all of the carrier aircraft and the supporting
aircraft, we have got a lot of steel we have to keep in the air and
spare parts is critical, and a lot of this money goes to the spare
parts sector in the first couple of months of the next fiscal year.
So I think we have got a good package, and I hope everybody would
vote to move this to conference quickly.
I just wanted to finish up by saying that our folks, staff folks and
our leadership, the gentleman from Arizona (Mr. Stump) and the
gentleman from Missouri (Mr. Skelton), have really put, as well as all
the members of the committee have, put a lot of hard work in trying to
get these disjointed pieces that now are kind of mismatched with the
Senate's pieces of the defense bill into play and into conference; and
it is going to be a difficult process to make this thing work. I think
we are going to be able to get it because we have got a lot of great
people working it.
I thank the gentleman from Arizona (Mr. Stump) for his work and the
gentleman from Missouri (Mr. Skelton) for his, and I hope the House
moves expeditiously to take us to conference.
Mr. TAYLOR of Mississippi. Mr. Speaker, I yield myself such time as I
may consume.
There is something I do think needs to be addressed, and the folks
who work with me have been good enough to point this out, and I think
the public needs to know this. The original time of 12 hours that my
friend from Pennsylvania makes reference to was when there were only 10
of these teams to cover the entire continental United States. We are
now in the process of going to 30 teams which shortens the distance
from the responders to those that need to be helped.
What this will do is get us up to 54 teams, which the goal is to have
a team within 4 hours; and again, without getting into a spitting
contest, the fact of the matter is that the vast majority of the States
that were left out are rural States, low-tax States, where we do not
have the money to equip 32,000 teams or at least trying to get one in
each of these States; but I would also point out that some of those
States are very large States, including Connecticut, which has almost 6
million people, and the gentleman from Connecticut (Mr. Maloney) will
be speaking to that in a minute.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Michigan
(Mr. Bonior) to speak out of order.
(Mr. BONIOR asked and was given permission to speak out of order.)

Michigan Office Vandalized

Mr. BONIOR. Mr. Speaker, last night my office in Michigan was
vandalized under the cover of darkness with despicable words of hatred.
My family and I and my staff are saddened and angered by this
deplorable act, but we will not let it defeat us or deter us from
fighting for what we believe in.
Hate crimes are cowardly acts that cannot and will not be tolerated
under any circumstances. They hurt us not just as individuals but as a
community. People in every city, county, village in Michigan deplore
these acts in the strongest possible way.
We must confront acts of hatred and refuse to let them intimidate us.
We have to reach out to each other when these attacks occur and not let
hate crimes fuel more hatred in ourselves.

{time} 1245

My family and I are, and always have been, committed to ending these
acts of violence. Whether there is an attack on Jewish Americans, Arab
Americans, African Americans, Hispanic Americans, Sikhs, or Muslims,
the message must be very clear, an attack upon one is an attack upon
all. Hatred has no place, no place, in our country.
Mr. TAYLOR of Mississippi. Mr. Speaker, how much time do I have
remaining?
The SPEAKER pro tempore (Mr. Bass). The gentleman from Mississippi
(Mr. Taylor) has 17\1/2\ minutes remaining, and the gentleman from
Arizona (Mr. Stump) has 18 minutes remaining.
Mr. TAYLOR of Mississippi. Mr. Speaker, I yield myself such time as I
may consume.
A lot of people are making this happen, and again this could not
happen without the great cooperation of the gentleman from Arizona, so
I want to thank him again.
The gentleman from North Carolina (Mr. Jones) and the 8 million
people in that State will benefit from this. The gentleman from New
Jersey (Mr. Saxton) and the 8 million people from New Jersey will
benefit from this. And, Mr. Speaker, I want to correct myself. The
gentleman from Connecticut (Mr. Maloney) and the 3\1/2\ million people
from Connecticut will benefit from this.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Connecticut (Mr. Maloney).

[[Page H5606]]

Mr. MALONEY of Connecticut. Mr. Speaker, I thank the gentleman from
Mississippi for yielding me this time, and I rise in support of this
motion.
The first comment I want to make is that it is absolutely correct
that what we are doing here today will not solve all the problems. It
will not solve all the problems in regard to emergency response and it
will not solve all the problems in regard to the war on terrorism. It
is not intended to. What it is intended to do is to solve a part of the
problem.
We are doing many, many other things, both in terms of the Defense
Department, the individual services, the reorganization of our national
government in regard to homeland defense, making resources available to
local fire departments, and making resources available to local police
departments. We are doing many, many things. The goal here today is to
do one other very, very important thing, which is to make sure that
each State in this country has a civil support team in regard to
weapons of mass destruction.
This year's defense bill supports legislation which I introduced,
H.R. 3154, that currently has nearly 50 cosponsors. That legislation
requires the Secretary of Defense to establish at least one weapons of
mass destruction civil support team in each State and territory. The
defense authorization bill that we did earlier this year includes sense
of Congress language which establishes that as national policy for our
country, one weapons of mass destruction civil support team in each
State and in each territory.
The bill before us today provides the funding that is necessary to
make that a reality for each of our States and each of our territories.
Each CST is a federally funded asset under State control. To date,
Congress has authorized 32 teams. I believe that each State and
territory should have a team capable of responding to the threat of a
weapon of mass destruction in their State as a matter of priority, as a
matter of our doing one of the many things we are doing to improve the
security of this country.
In the terrorist attack on the World Trade Center, New York, which
has a team, their highly trained civil support team swung into action
as part of the first response to the attack. The special unit of 22
full-time National Guard members, they are National Guard members but
they are full-time on call within 4 hours, have two major pieces of
equipment, a mobile analytical lab, and a mobile communications
facility. The first allowed the team to identify any chemical or
biological agents at the World Trade Center. Fortunately, that was not
the case. The second allowed the team to coordinate communication among
the first responders.
My colleagues, the gentleman from Pennsylvania (Mr. Weldon) is
correct that the fire department is going to be there first, the police
department is going to be there first, the EMS is going to be there
first, but the civil support team is going to be there within, we hope,
4 hours, as the goal, not the 12 but 4 hours, and will be providing
that analytical capability and will be providing that communications
capability. In the case of New York, they did exactly that, assisting
with coordination of communications with the first responders, the
incident commander, and the Department of Defense.
As we are all too well aware, the war on terrorism is not being just
waged in Afghanistan but also here at home. Since September 11, the
civil support teams that exist already have responded to more than 200
requests for support from civil authorities for actual or potential
weapons of mass destruction incidents, including the anthrax attacks.
Support teams have also supported national events, including the 2001
World Series, the 2002 Super Bowl, and the 2002 Winter Olympics.
The anthrax attacks and the more recent threat of a radiological
dirty bomb clearly highlight the increased need for National Guard
counterterrorism capabilities to be stationed across our country. It is
important, as the gentleman from Mississippi has said, that each State
have its own team, not just in time of crisis but also during training.
It is in that training with the local first responders that the
National Guard teams develop the effective coordination they need in
emergency situations.
It has been said here earlier today that that training has not
previously existed. That is correct, and that is the point. We need to
make sure that that training is available, that that training occurs,
that that coordination between the local first responders and the State
first responders is done in line with the National Guard, the civil
support teams, which gives us access to the national assets.
Some argue that the issue is simply a matter of geographic coverage.
The New York team, for example, is located just outside of Albany. That
is 2, 3, maybe 4 hours from most places in the State of Connecticut.
Maybe that should suffice. The reason it does not suffice is for two
reasons:
One, it does not provide that integrated training with the local and
State officials. The National Guard civil support team in New York,
guess what, they train with the State of New York emergency responders,
not the State of Connecticut emergency responders. We need to make sure
that our State and every other State has that integrated training that
exists.
Secondly, in terms of response time, what happens when, as in the
case of New York, that team was called upon? Then where is Connecticut?
We were lucky that there were only three attacks. There was New York,
Washington, and the air over Pennsylvania, but there could have been
five attacks. There could have been an attack in Boston at the same
time there was an attack in New York. Where would Connecticut have
been? New York's team had already deployed.
We supposedly have backup by a team outside of Boston. What if Boston
had been attacked? And, indeed, the Boston team cannot get effectively
to Connecticut in the 4 hours. Stamford, Connecticut, is a long way
from the Greater Boston area. Waterbury or Danbury, Connecticut, is a
long time from the Greater Boston area. So we need to make sure that
Connecticut in fact has its own team, as should every other State and
territory that has the potential for these kinds of attacks. And I do
not stand here alone in making that argument. The Secretary of the Army
in the February issue of the National Guard Association magazine said,
``Yes, I do. I think the weapons of mass destruction civil support
teams are a tremendous initiative. Right now the Congress has funded
32. And I would be surprised if we did not end up with at least one in
each State and territory. So I would see us going beyond the 32 teams
in the future, and I think we will have a lot of congressional support
for that because it is a tremendous capability,'' said the Secretary of
the Army.
The September 2001 GAO report entitled Combating Terrorism makes a
similar point which is this is not the only thing we should be doing,
but this is one of the things we should be doing. ``The Department of
Defense plans, and officials suggested, that there eventually should be
a team in each State, territory, and the District of Columbia, for a
total of 54 teams.''
Let us do everything we can to secure our country. Let us make sure
that our first responders locally have the resources they need. Let us
make sure that our armed services have every resource they need. Let us
make sure that our men and women in the armed services have the pay
that they need, as we have done over the past several years under the
leadership of the gentleman from Missouri (Mr. Skelton), ranking
member, and the gentleman from Arizona (Mr. Stump), chairman, and other
members of the committee. We have made great progress. Let us do all
these good things. But as we do all these good things, let us make sure
we do something else that is very important, which is make sure that
each of our States and territories has a civil support team to train
and be prepared and be ready and be available should the emergency
arise.
Mr. TAYLOR of Mississippi. Mr. Speaker, I yield myself such time as I
may consume.
In closing, I do want to thank all the members of the Committee on
Armed Services. Again, this passed our committee unanimously. I want to
particularly commend the gentleman from North Carolina (Mr. Jones); the
gentleman from New Jersey (Mr. Saxton); the gentleman from Arizona (Mr.

[[Page H5607]]

Stump), our good chairman; the gentleman from Connecticut (Mr.
Maloney); and the gentleman from Missouri (Mr. Skelton), our ranking
member, for helping to line up those people to cooperate on this.
Mr. Speaker, it is a sad fact, but a fact, that in the past year a
biological attack on the United States has gone from ``what if'' to
``what is next.'' The person who perpetrated the anthrax attacks that
have killed about five people in our country has not been apprehended.
The question is, was that a one-time event or was it a practice run for
something bigger? I hope it was a one-time event, but in the event that
that person or those persons who did that were planning something
bigger, I think it is imperative that we have some group in each State
that is prepared to respond to that attack. I would ask my colleagues
to support this unanimously.
Mr. Speaker, I yield back the balance of my time.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume. I
take this opportunity to thank the gentleman from Missouri (Mr.
Skelton) for all the hard work that he has put into this project, and
also the gentleman from Mississippi (Mr. Taylor).
Mr. STUMP. Mr. Speaker, I have no further requests for time, and I
yield back balance of my time.
The SPEAKER pro tempore (Mr. Bass). 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 Mississippi (Mr. Taylor).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. TAYLOR of Mississippi. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 419,
nays 2, not voting 12, as follows:

[Roll No. 349]

YEAS--419

Abercrombie
Ackerman
Aderholt
Akin
Allen
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Boozman
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Collins
Combest
Condit
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cummings
Cunningham
Davis (CA)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Flake
Fletcher
Foley
Forbes
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Dan
Miller, Gary
Miller, George
Miller, Jeff
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schaffer
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stenholm
Strickland
Stump
Stupak
Sullivan
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (FL)

NAYS--2

Coble
Royce

NOT VOTING--12

Andrews
Davis (FL)
John
Kennedy (MN)
Knollenberg
Meehan
Ortiz
Ose
Quinn
Stearns
Wexler
Young (AK)

{time} 1316

Mr. ROYCE changed his vote from ``yea'' to ``nay.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. OSE. Mr. Speaker, on rollcall vote No. 349, I was unavoidably
detained. Had I been present, I would have voted ``yea.''
Mr. JOHN. Mr. Speaker, on rollcall vote No. 349 I was unavoidably
detained. Had I been present, I would have voted ``yea.''
The SPEAKER pro tempore (Mr. LaHood). Without objection, the Chair
appoints the following conferees:
From the Committee on Armed Services, for consideration of the House
amendment and the Senate 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, Jones of North Carolina,
Hilleary, Graham, Skelton, Spratt, Ortiz, Evans, Taylor of Mississippi,
Abercrombie, Meehan, Underwood, Allen, Snyder, Reyes, Turner, and Mrs.
Tauscher.
From the Permanent Select Committee on Intelligence, for
consideration of matters within the jurisdiction of that committee
under clause 11 of rule X: Mr. Goss, Mr. Bereuter, and Ms. Pelosi.
From the Committee on Education and the Workforce, for consideration
of sections 341-343, and 366 of the House amendment, and sections 331-
333, 542, 656, 1064, and 1107 of the Senate amendment, and
modifications committed to conference: Messrs. Isakson, Wilson of South
Carolina, and George Miller of California.
From the Committee on Energy and Commerce, for consideration of
sections 601 and 3201 of the House amendment, and sections 311, 312,
601, 3135, 3155, 3171-3173, and 3201 of the House amendment, and
modifications committed to conference: Messrs. Tauzin, Barton of Texas,
and Dingell.
From the Committee on Government Reform, for consideration of
sections

[[Page H5608]]

323, 804, 805, 1003, 1004, 1101-1106, 2811, and 2813 of the House
amendment, and sections 241, 654, 817, 907, 1007-1009, 1061, 1101-1106,
2811, and 3173 of the Senate amendment, and modifications committed to
conference: Messrs. Burton of Indiana, Weldon of Florida, and Waxman.
From the Committee on International Relations, for consideration of
sections 1201, 1202, 1204, title XIII, and section 3142 of the House
amendment, and subtitle A of title XII, sections 1212-1216, 3136, 3151,
and 3156-3161 of the Senate amendment, and modifications committed to
conference: Messrs. Hyde, Gilman, and Lantos.
From the Committee on the Judiciary, for consideration of sections
811 and 1033 of the House amendment, and sections 1067 and 1070 of the
Senate amendment, and modifications committed to conference: Messrs.
Sensenbrenner, Smith of Texas, and Conyers.
From the Committee on Resources, for consideration of sections 311,
312, 601, title XIV, sections 2821, 2832, 2841, and 2863 of the House
amendment, and sections 601, 2821, 2823, 2828, and 2841 of the Senate
amendment, and modifications committed to conference: Messrs. Duncan,
Gibbons, and Rahall.
From the Committee on Science, for consideration of sections 244,
246, 1216, 3155, and 3163 of the Senate amendment, and modifications
committed to conference: Messrs. Boehlert, Smith of Michigan, and Hall
of Texas.
From the Committee on Transportation and Infrastructure, for
consideration of section 601 of the House amendment, and sections 601
and 1063 of the Senate amendment, and modifications committed to
conference: Mr. Young of Alaska, Mr. LoBiondo, and Ms. Brown of
Florida.
From the Committee on Veterans' Affairs, for consideration of
sections 641, 651, 721, 723, 724, 726, 727, and 728 of the House
amendment, and sections 541 and 641 of the Senate amendment, and
modifications committed to conference: Messrs. Smith of New Jersey,
Bilirakis, Jeff Miller of Florida, Filner, and Ms. Carson of Indiana.
There was no objection.

____________________