[Congressional Record (Bound Edition), Volume 147 (2001), Part 12]
[House]
[Pages 17357-17453]
[From the U.S. Government Publishing Office, www.gpo.gov]



        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002

  The SPEAKER pro tempore. Pursuant to the order of the House of 
Wednesday, September 19, 2001, and rule XVIII, the Chair declares the 
House in the Committee of the Whole House on the State of the Union for 
the consideration of the bill, H.R. 2586.
  The Chair designates the gentlewoman from Illinois (Mrs. Biggert) as 
Chairman of the Committee of the Whole, and requests the gentleman from 
Kentucky (Mr. Whitfield) to assume the chair temporarily.

                              {time}  1247


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2586) to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, to prescribe military 
personnel strengths for fiscal year 2002, and for other purposes, with 
Mr. Whitfield (Chairman pro tempore) in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. Pursuant to the order of the House of 
Wednesday, September 19, 2001, the bill

[[Page 17358]]

is considered as having been read the first time.
  Pursuant to the order of the House of today, the gentleman from 
Arizona (Mr. Stump) and the gentleman from Missouri (Mr. Skelton) each 
will control 1 hour.
  The Chair recognizes the gentleman from Arizona (Mr. Stump).
  Mr. STUMP. Mr. Chairman, I yield myself such time as I may consume.
  On August 1, the Committee on Armed Services reported H.R. 2586 with 
strong bipartisan support, a vote of 58-1.
  The bill authorizes appropriations for the Department of Defense and 
for the Department of Energy national security programs for a total of 
$343 billion in budget authority, consistent with the President's 
amended defense budget request.
  Mr. Chairman, normally at this point we cover all the various 
initiatives in the bill and why this is a strong proposal to support 
our men and women in uniform. This bill is all that and more.
  The bill contains the largest military pay increase since 1982 and 
provides significant increases in funding for critical military 
readiness accounts. The bill also makes great strides in beginning to 
fix our crumbling military infrastructure and makes a modest down 
payment on our next priority, the modernization of our aging fleet of 
combat equipment.
  However, the bill also reflects the reality that existed prior to 
last Tuesday's terrorist attacks on the United States.
  The tragic events of September 11, 2001, have changed our Nation. 
They exposed our vulnerability to terrorism and removed forever the 
belief that Americans here at home were safe from the kinds of barbaric 
attacks that have occurred against our citizens, our military 
personnel, and our friends and allies overseas. We now know that 
America itself is a target and that terrorists will not hesitate to use 
whatever means at their disposal to kill innocent Americans on a 
massive scale.
  The terrorists' actions were deliberate and calculated. Our response 
must be as well. Once again, our Armed Forces are being called upon to 
defend this great Nation, this time from the scourge of terrorism. I 
have no doubt that they will rise to the occasion. But we must ensure 
that they have the proper tools and resources to do the job, now and in 
the future.
  H.R. 2586 provides our men and women in uniform with the tools they 
need to combat the challenges our country will face in the next decade 
and beyond. The bill goes a long way toward helping our military 
recover from the devastating effects of the chronic underfunding that 
has taken place over the past 8 years. It is a critical step toward 
ensuring that the United States is ready to meet the challenges that 
lie ahead, including the challenge of meeting and defeating 
international terrorism.
  The bill recognizes that the war against terrorism will not be won 
quickly and that the United States will require additional capabilities 
to deal with the threat terrorism poses to America. To this end, the 
bill authorizes roughly $6 billion for Department of Defense programs 
to combat terrorism. Moreover, the bill reflects the need to modernize 
America's military capabilities so that our country's vulnerability to 
other threats, including ballistic missiles, will be eliminated.
  This is a good bill. However, despite the increases contained in the 
bill, additional resources will be needed. America's defenses cannot be 
rebuilt in a single year. The war against terrorism cannot be won with 
a single year of defense increases. Our ability to protect our citizens 
against other emerging threats cannot be assured with a single year of 
defense increases. The effort to improve our Nation's defenses and our 
people's security must be significant and it must be sustained.
  That said, it is clear that the funding levels in this bill will not 
be sufficient to support the level of effort that the Department must 
undertake to hunt down and root out the perpetrators of last week's 
attack. I understand that the Pentagon and the administration are in 
the process of identifying additional resources required, and we hope 
to receive a proposal to address these needs soon.
  Rather than wait until that proposal arrives, I urge the House to 
proceed with the approval of this bill and allow us to adjust it as the 
outlines of the administration's revised budget proposal become 
clearer. The bill is too important and contains too many critical 
legislative tools necessary for the Department to conduct its business 
to fall victim to the press of schedule.
  I urge my colleagues to support this legislation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, this has been quite a trying year for the Committee on 
Armed Services. Last year I stood with Floyd Spence to offer the bill, 
which was titled in his name. I am very glad that Congress approved 
that bill, not least as a tribute to Floyd. Since then, too, the 
passing of Herb Bateman and Norman Sisisky took from our committee and 
the Congress great knowledge and wisdom.
  A significantly compressed budget process challenged the committee's 
ability to maintain its required oversight role. And, more recently, 
the revived specter of military action led to consideration of 
significant changes in this bill.
  Through all this, Mr. Chairman, I am grateful for the friendship and 
the teamwork displayed by the gentleman from Arizona (Mr. Stump). He 
has an open door and an open mind, which are in large part why I am 
able to say that I support this bill and ask my colleagues to do so as 
well. The road has been difficult, but the product is well worth the 
journey.
  When we began work on this bill, America was at peace. We looked at 
the future and saw a world of new threats, from less traditional 
sources and differing means. Our goal as a committee was twofold: to 
help the military services make their transitions into this new world, 
while maintaining their capabilities to meet the needs of the present.
  Then some of our worst fears were realized, and innocent Americans, 
civilian and military, became targets of an unspeakable and inhumane 
barbarism. The United States was thrust into a new kind of war, 
emphasizing intelligence and adaptability over force and firepower. 
Through the amendment and conference process, our bill will change to 
meet this new challenge without losing our other capabilities.
  The gentleman from Arizona has told you of some of the bill's 
particulars. I am particularly proud of the pay raise for the men and 
women who represent America in uniform, and wish only that it had been 
higher. I am proud, also, of the way our subcommittee chairs worked 
with their ranking members in creating this bill. Plenty of creativity 
and tolerance went into their work. Even in areas of disagreement, the 
debate was agreeable.
  And, to be sure, there are some worthy highlights. Of the $343 
billion authorized, the bill commits approximately $10.3 billion to 
build and renovate new facilities and housing for the military 
services. It helps to privatize 28,000 units and builds 51 new barracks 
and dormitories. This is putting our money where the soldier is.
  And we do not forget the families. The bill builds or improves 6,800 
units of military family housing, makes substantial contributions to 
supporting additional quality-of-life enhancements like child 
development centers and fitness centers for military personnel, and 
improves basic working conditions.
  As the Department of Defense considers how it shall fight in the 
decades ahead, our procurement and research development titles preserve 
the widest range of options. We do not take away capabilities 
commanders say they need, and back a full array of new and innovative 
approaches for the future.
  The bill also begins to formally close the door on the Cold War. It 
takes a bold new step in our relations with Russia, allowing for the 
elimination of 50 Peacekeeper missiles. At the same time, it funds the 
cooperative threat reduction programs that make those

[[Page 17359]]

offensive reductions possible. Other adversaries would do well to note 
how cooperation in making peace leads to greater security on all sides.
  There are many more strong reasons to support the bill, but let me 
set aside the formalities for a moment and speak to my colleagues from 
the heart.
  One clear trend in the history of warfare is that war has come closer 
and closer to civilians. Now we are faced with an aggressor who 
deliberately chooses to make war on civilians.
  We have a military, Mr. Chairman, of volunteers, each of whom has 
chosen to put on a uniform. Each of them knows that by doing so, he or 
she is saying this: ``I will put myself between Americans and danger. I 
will risk my life and freedom to preserve yours. I will do what my 
country asks, and more.''
  Mr. Chairman, their strength and fidelity may soon be put to the 
test. I guarantee every Member that they will not be found wanting.
  As they go, I hope and believe that they carry with them every good 
wish of those in this Chamber and across the civilized world. And I 
wish them Godspeed.
  Mr. Chairman, I reserve the balance of my time.
  Mr. STUMP. Mr. Chairman, I yield 3 minutes to the gentleman from 
California (Mr. Hunter), chairman of the Subcommittee on Military 
Research and Development.
  Mr. HUNTER. Mr. Chairman, this is a bill in which we generally have 
some fairly hotly contested issues. It is a bill in which Members voice 
strong opinions because national security issues evoke strong opinions. 
But all of us understand now that we have a major mission which 
predominates over all other missions with respect to this bill; and 
that is to give the President the tools that he needs to pursue the 
terrorists who struck America.
  Because of that, Mr. Chairman, I think we are all going to be working 
together here as we walk through the floor with this bill and go to 
conference and try to keep our controversy to a minimum, try to 
compromise on packages, and try to move to the point where we are 
actually procuring for the President, for our armed services, the 
resources that they need.

                              {time}  1300

  So let me thank my colleagues, the gentleman from Massachusetts (Mr. 
Meehan), my partner on the Subcommittee on Research and Development; 
the gentleman from Missouri (Mr. Skelton); all the other fine Members 
on the Democrat side of the aisle; and all my fine colleagues on the 
Republican side of the aisle, who make up this great committee called 
the Committee on Armed Services.
  In R&D, let me tell Members where we have been moving. We have been 
trying to do everything we can to leverage America's technology, both 
militarily developed technology and commercially developed technology, 
to give our smaller forces which we now have today the capability to be 
extremely effective, extremely mobile, and extremely flexible.
  This is a long, difficult challenge, and it is going to take years to 
make this change; but in a number of areas, we are making great strides 
with this bill. We are putting quite a bit of money into precision 
munitions, to upgrade our capability to use a single munition to do the 
job. Where, heretofore, you needed to use lots of dumb bombs, for 
example, to knock down a bridge or something of that nature and the 
ability to go in with a precision munition and make a single hit and do 
effective damage with that one hit, it is a great advantage that comes 
out of our technology; and that is something that we are trying to 
manifest in our munitions programs.
  Stealth, Madam Chairman, the ability to fly aircraft through heavy 
enemy air protection to avoid and evade radar, so we can move our 
planes into position to strike and move them back out without losing 
pilots. That is an area manifested in the Joint Strike Fighter program, 
the F-22 program, and other programs which we are developing or are 
devoting a lot of resources to in R&D.
  In the Army, the ability to move our forces quickly and to make sure 
that they are mobile enough and flexible enough to get into very small, 
tight, parts of the world, the problem that we discovered in the 
campaign in Kosovo. We are trying to rectify that with some changes in 
the makeup of our military forces and the armor forces that accompany 
those forces.
  Madam Chairman, in the Subcommittee on Research and Development, we 
are devoting a large amount of dollars to help the Army change to a 
position where it is more mobile, more responsive, and especially more 
air mobile, because we have to get a lot of this equipment around the 
world in a very short period of time.
  With respect to missile defense, we all understand we live in an age 
of missiles. That was revealed to us in the early 1990s when 26 
Americans were killed in the Gulf War by ballistic missiles. Across-
the-board, Democrats and Republicans are working on a whole family of 
anti-ballistic missile systems, some of which are deployable now, like 
PAC-3, which can handle some of the basic Scuds, right up to the 
testing range that the President needs for national missile defense. We 
think we are going to have a package on that a little later, Madam 
Chairman, that Democrats and Republicans can agree to.
  So, across-the-board, Madam Chairman, on R&D we are doing everything 
we can to give our country broad capability against military threats. 
As we walk through this package, we are going to want to add things as 
we go into the conference with the other body to focus especially on 
new requirements as a result of the strike on America.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from 
Guam (Mr. Underwood).
  Mr. UNDERWOOD. Madam Chairman, I thank our leader on the Democratic 
side for yielding me time.
  Madam Chairman, at this particular time in our debate here in 
Congress, there is no more important bill that we are confronted with 
than this particular bill to provide adequate resources to our men and 
women in uniform and to all the people who work in support of those men 
and women in uniform. Certainly at this point in time in our Nation's 
history as we contemplate a wide variety of ideas and scenarios 
regarding what is an appropriate response to the heinous attacks that 
have been unleashed upon our people, the Defense Authorization Act for 
fiscal year 2002 will certainly be one of the most important defense 
authorizations in our history.
  Madam Chairman, I rise today to join my colleagues in support of H.R. 
2586, the fiscal year 2002 Defense Authorization Bill. This bill is 
well-crafted legislation and a result of tremendous bipartisan effort. 
It will go a long way toward ensuring that the bedrock of our security, 
our troops, will be well looked after and supported in the forthcoming 
year. It provides the largest military pay raise since 1982, and meets 
many of our military's modernization needs. This bill is essential to 
stemming the decline in readiness and buttressing the security of the 
United States and around the world.
  In particular, I want to address the provisions in the act relating 
to the morale, welfare, and recreation activities of DOD. First, I want 
to acknowledge the outstanding leadership of the panel chair, the 
gentleman from Maryland (Mr. Bartlett), and active participation and 
strong support of panel members. While there are few legislative 
provisions in this bill, it does not detract from the work of the panel 
or support of the committee for those provisions.
  I also want to draw attention to some of the items in the defense 
authorization which will support Guam and its strategic role to our 
Nation's national security. There is over $66 million in MILCON 
activities. The people of Guam stand ready to do their part.
  Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from 
Colorado (Mr. Hefley), the chairman of our Subcommittee on Readiness.
  Mr. HEFLEY. Madam Chairman, I rise today in strong support of H.R. 
2586, the National Defense Authorization Act for fiscal year 2002.

[[Page 17360]]

  I believe the committee has done a good job in fulfilling its role of 
oversight of the Department of Defense and has done its best to provide 
the necessary funding to improve the readiness of our military forces. 
Let us not forget, however, that for many years we have asked our 
military to do more and more with less and less. Now, after the tragic 
events of last week, we will be asking our military men and women to do 
even more.
  Although there have been many additional missions placed on our 
military forces over the years, there has not been a corresponding 
increase in funding to fully sustain our infrastructure and equipment.
  We are all heartened that the funding levels requested by the 
administration for next year makes an attempt to arrest the decline in 
military readiness and begins the process of rebuilding and restoring 
our military forces. To accomplish this, the administration has had to 
significantly increase readiness funding this year as compared with 
last year. As an example, funding for flight operations has increased 
by over $2.2 billion, which includes the increased costs for fuel and 
attempts to address the severe parts shortages. In addition, there is 
an increase for combat training of over $825 million, an increase for 
facilities repair and sustainment of nearly $500 million, and an 
increase of $1.2 billion for depot maintenance and repair of equipment. 
These are significant increases; but, again, they merely halt the 
decline.
  Madam Chairman, H.R. 2586 is a responsible, meaningful bill, that 
fairly allocates resources for the restoration of acceptable readiness 
and an acceptable quality of life for men and women of our military 
forces. To do anything less will allow the readiness of our military to 
slip further and could risk the lives of countless men and women in 
every branch of the military.
  As we get this bill into conference, we may decide on or the 
President may come down with other needs based upon the events of the 
last few days and we can address those and we need to address those. 
For now, however, this is a good bill, and it deserves our support. I 
strongly urge my colleagues to vote yes on this bill, to vote yes to 
maintain military readiness.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from 
Arkansas (Mr. Snyder).
  Mr. SNYDER. Madam Chairman, as the ranking member of the Subcommittee 
on Military Personnel, I would like to thank my friend and colleague, 
the fine chairman of the Subcommittee on Military Personnel, the 
gentleman from New York (Mr. McHugh), for his leadership this year.
  Madam Chairman, each and every day our volunteer men and women in 
uniform go forward to protect America's freedoms. Sometimes they are 
asked to pay the ultimate sacrifice, like those serving in the Pentagon 
on September 11. We owe those dedicated and committed individuals not 
only our gratitude but also our support.
  With this bill, we continue to improve the quality of life for those 
men and women and their families who chose to serve our Nation. It 
provides the largest military pay raise since 1982, including a 6 
percent minimum to enlisted members and a 5 percent minimum to 
officers, and targets up to 10 percent for mid-grade and senior 
noncommissioned officers.
  The enhancements made to permanent change of station benefits will 
help to reduce out-of-pocket costs for those uniformed personnel and 
their families who often move to different bases to meet the needs of 
the individual services. And we continue to reduce out-of-pocket 
housing costs for families.
  The bill directs improvements to protect the rights and privileges of 
military personnel and their families to exercise the constitutional 
right to vote. We have also made improvements to health care. The 
Department has been directed to review the need to provide health care 
coverage to reservists and their families, and it clarifies previously 
enacted benefits under TRICARE for Life and other TRICARE benefits 
which were authorized last year.
  Given the expected increase in deployments for our forces as a result 
of the attack on the United States, I believe that in conference we 
need to review the $100 per day deployment bonus for those deployed 
more than 400 days out of every 2 years. While I understand why this 
policy was developed and passed last year, to encourage the services to 
reduce the high rate of deployments for military personnel, and I 
appreciate the language that has been added to ensure that the 
potential impacts of the policy are looked at, we need to ensure that 
the deployment pay policy is fair, that it does not inadvertently harm 
military operations or that it becomes too expensive for the services, 
particularly the Navy and Marine Corps, to bear.
  Madam Chairman, the bill before us today continues to improve the 
quality of life for those who serve their Nation in uniform and their 
families. These defenders of liberty need to know that their families 
are being taken care of while they are protecting our freedoms.
  Once again, Madam Chairman, let me say it is a pleasure to work with 
the gentleman from New York (Mr. McHugh) and the members of the 
Subcommittee on Military Personnel. I urge my colleagues to support 
this measure.
  Mr. STUMP. Madam Chairman, I yield 4 minutes to the gentleman from 
New York (Mr. McHugh), the chairman of our Subcommittee on Military 
Personnel.
  Mr. McHUGH. Madam Chairman, I thank the chairman for yielding me 
time.
  Madam Chairman, let me echo the words of many who have spoken 
already. I know we will hear more about the great spirit of unity that 
we have seen displayed in the formulation of this bill, and that is a 
compliment, of course, to the Members on both sides of the aisle. But a 
particular word of thanks and appreciation to the chairman, the 
gentleman from Arizona (Mr. Stump), and the ranking member, the 
gentleman from Missouri (Mr. Skelton), for their incredible leadership.
  Madam Chairman, given the truly tragic events of Tuesday, September 
11, in my home State of New York and Northern Virginia at the Pentagon, 
and, of course, in Pennsylvania, it certainly is fitting, timely and 
essential that we consider this bill at this moment.
  Like so many others, I rise in strong support of this measure. I 
believe there are many, many reasons for each and every Member of this 
body to enthusiastically endorse the legislation when it is called for 
a vote.
  Most importantly, Madam Chairman, this bill represents a balanced 
approach to improving national security, providing significant 
initiatives in modernization, missile defense, readiness, research and 
development, military construction and procurement and that kind of 
balanced approach. For the long-term improvement to our national 
security, it is absolutely essential to our mission and certainly is 
essential to dealing most effectively with those developments of 
September 11.
  On the personnel side, I think that there are many exceptional 
provisions that certainly argue strongly in favor of this bill. I want 
to thank the gentleman from Arkansas (Mr. Snyder) who just spoke for 
his leadership as the ranking member and for working with all of us on 
both sides of the aisle to put these provisions together. Although you 
just heard a number of them, I think they bear repeating.
  Specifically, this bill builds on the administration's fiscal year 
2002 budget request for military personnel and health care that causes 
this legislation to be the strongest, most robust proposal in years. It 
provides some $6.9 billion more for the military personnel accounts 
than we provided just last year. That is the biggest 1-year increase in 
military personnel accounts since 1985.
  It increases the health care operations accounts by $6 billion over 
what was authorized in fiscal year 2001. It reflects a commitment 
shared by DOD and the Congress to fully fund health care for our brave 
men and women in uniform that we are now looking to to lead us in this, 
this greatest of challenges.
  The legislation also provides for the largest military pay increase 
since

[[Page 17361]]

1982, including a 5 percent across-the-board increase for officers and 
a 6 percent across-the-board increase for all enlisted personnel.
  Further, the bill authorizes retirement-qualified members of the 
uniformed services to receive VA disability compensation. This would 
allow us for the first time to meaningfully deal with that concurrent 
receipt issue. I want to thank the gentleman from Florida (Mr. 
Bilirakis), who has been such a leader in this provision.
  The bill also very quickly reduces out-of-pocket costs that we 
require our military men and women to pay from 15 percent to 11.3 
percent over the next year, keeping faith with the plan that we 
initiated to eliminate those costs, and many other provisions with 
respect to improving TRICARE, health care for our men and women in 
uniform, building on the budget request for so many other kinds of 
personnel issue accounts that are so invaluable as we ask these men and 
women to go forward to defend our Nation.

                              {time}  1315

  As we ask these men and women to go forward to defend our Nation and 
defend our interests, this bill I think signifies very strongly our 
shared commitment to them as we go forward on this day; and I certainly 
urge all of the Members to strongly support this measure when the vote 
is called.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentlewoman 
from California (Mrs. Tauscher).
  Mrs. TAUSCHER. Madam Chairman, I rise in strong support of the 
National Defense Authorization Act for Fiscal Year 2002.
  As the ranking member of the National Nuclear Security Administration 
Oversight panel, I want to specifically address the provisions of the 
bill relating to the Department of Energy and the NNSA.
  Madam Chairman, the decision to retain the oversight panel again this 
year sends a very clear message of Congress's intent to aggressively 
exercise its oversight responsibility in an area that is undoubtedly 
crucial to our national security. This resurgence of meaningful 
interest in the Department of Energy's defense nuclear activities will 
have a lasting impact on the activity that has been entangled in a 
bureaucratic kudzu since its inception. But unfortunately, this bill 
does not provide relief for all of the challenges the NNSA faces.
  In light of the catastrophic events of September 11, I wish we could 
have provided additional resources to continue the development of 
technologies that would enhance our ability to detect the production, 
testing, transfer, or use of weapons of mass destruction. The 
administration's budget request severely reduces funding for 
nonproliferation research and development focused on enhancing 
essential domestic nonproliferation capabilities. It is an area where 
we can ill afford to lose any momentum. I hope that my colleagues will 
continue to seek additional resources for this area as we enter into 
conference with the Senate.
  Madam Chairman, I also want to note for the full House that the 
panel's accomplishments would not have been possible without the strong 
leadership of the panel chairman, the gentleman from Texas (Mr. 
Thornberry), and the support of the gentleman from Arizona (Mr. Stump), 
the chairman of the full committee, and the gentleman from Missouri 
(Mr. Skelton), the ranking member, and the cooperation and support of 
our colleagues on the panel and on the full committee.
  Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from 
Pennsylvania (Mr. Weldon), the chairman of the Subcommittee on 
Procurement.
  Mr. WELDON of Pennsylvania. Madam Chairman, I thank our distinguished 
chairman for yielding the time and for his leadership on this bill, and 
I thank our distinguished ranking member for his cooperation.
  This is truly a bill that I think reflects the need for this Congress 
to move forward aggressively in supporting our defense in a way that we 
perhaps have not done over the past several years. I am ecstatic that 
we have struck a balance. We have continued to fund aggressive support 
for missile defense, we have continued to fund aggressive support for 
modernization, and in this bill we begin to address the needs of the 
readiness shortfall that our troops have experienced.
  Madam Chairman, just 2\1/2\ weeks ago, a group of five of us traveled 
around the country interacting with 20 of our colleagues as we toured 
24 bases in 15 States to get a glimpse of the capability of our 
military to respond. What we saw was atrocious. We saw military bases 
that one would not put their worst enemies on. We saw raw sewage coming 
out of barracks. We saw day care centers for the children of the 
offspring of our personnel with mold on the wall, without adequate fire 
protection. This bill begins to address those long-term maintenance and 
improvement needs that we have had for so many years and begins to 
address the readiness shortfall.
  I commend the leadership of both the majority under the gentleman 
from Arizona (Mr. Stump), the chairman of the full committee, and the 
minority under the gentleman from Missouri (Mr. Skelton), the ranking 
member, for allowing us to move forward in this area.
  But we have done other things besides readiness. We have continued to 
work on this committee in addressing the issues relative to terrorism. 
I am proud of the fact that this committee has been out on the 
forefront, even though we have had some silent ears in the past, of 
calling for additional funds to combat terrorism. In fact, Madam 
Chairman, it was this committee 2 years ago that called for the need 
for an integration of our intelligence capabilities, the establishment 
of a national data fusion center, and a national operations and 
analysis hub. It was this committee that called for that.
  Yet the CIA and the FBI have not yet torn down the stovepipes that 
exist between our intelligence agencies. It was this committee that 
said all 32 Federal agencies must come together, because the most 
significant need for our military and our warfighters in the 21st 
century is the ability to do profiling, to use our intelligence systems 
to understand the enemy, to understand terrorists and terrorist groups 
and terrorist organizations.
  This bill again reaffirms that priority. In fact, we are working for 
some specific funding to implement that during the process of moving 
this legislation. It is this committee who again, Madam Chairman, 
reestablishes the Gillmor Commission. The Gillmor Commission was 
created by this committee to look at the interaction between the 
military and our domestic responders. Long before the World Trade 
Center, we were on the cutting edge of telling the Congress and the 
American people that our domestic defenders, our international 
defenders, our military and our fire and EMS must work together. In 
this bill, we will continue the effort of that.
  In every possible area of terrorism, we have been in the forefront 
and we will continue on the forefront. I urge my colleagues to vote 
``yes'' on this legislation.
  Mr. SKELTON. Madam Chairman, I yield myself such time as I may 
consume.
  Let me take just a moment to compliment the gentleman from 
Pennsylvania (Mr. Weldon) on his efforts concerning the housing for our 
young people in uniform. He and the gentleman from Texas (Mr. Reyes), 
the gentleman from Texas (Mr. Ortiz), and the gentleman from Virginia 
(Mr. Schrock) made a series of appearances to look at the conditions of 
some of our young folks. We ask so much of them; and I think this bill 
does make, as the gentleman said, a major step in helping the living 
conditions for those young people in uniform, and we thank him for his 
efforts in that regard.
  Madam Chairman, I yield 2 minutes to the gentleman from Texas (Mr. 
Reyes).
  Mr. REYES. Madam Chairman, I thank the gentleman for yielding me this 
time.
  Madam Chairman, I rise today to support the defense authorization and 
to thank the gentleman from Arizona

[[Page 17362]]

(Mr. Stump), the chairman of the committee, and the gentleman from 
Missouri (Mr. Skelton), the ranking member, for putting together a 
strong defense bill.
  In this time of national crisis, I am pleased that we are able to 
come together to support increased funding for our military services. 
Our combat troops, which President Bush has or soon will call to 
deployment, are trained and ready; let no one anywhere make any mistake 
about that. These men and women who are at the point of the spear are 
ready to handle whatever mission we require of them. However, it is 
those others who are further back from that point that need increased 
funding to fix problems.
  I want to also thank the gentleman from Pennsylvania (Mr. Weldon) for 
having the vision to put together a fact-finding trip that we recently 
completed. On this trip we visited 23 bases across the country and saw 
horrendous living and working conditions. Ceilings were falling in, 
sewage was backing up; our men and women in uniform and their families 
were being forced and are being forced to live in substandard housing.
  Madam Chairman, we have the finest military personnel in the whole 
world, and they simply deserve better. They give us 110 percent each 
and every day, and we as a Nation owe them a better quality of life. 
This bill will begin to fix some of those problems, but we must still 
do more for them. In this time of great peril and danger, let us not 
forget to get our priorities straight. I ask all of my colleagues to 
support this bill.
  Mr. STUMP. Madam Chairman, I yield such time as he may consume to the 
gentleman from California (Mr. McKeon).
  Mr. McKEON. Madam Chairman, I rise in strong support of our National 
Defense Authorization Act.
  Madam Chairman, I rise in strong support of H.R. 2586, the National 
Defense Authorization Act.
  Before I begin in earnest, I would like to pause for just a moment to 
pay my respect to someone who is not with us today, our good friend 
Floyd Spence. In my entire time on the House Armed Services Committee, 
I have not experienced an authorization bill without him. I will miss 
Floyd greatly and I know that I join my colleagues in sending our 
thoughts and prayers to his family.
  I want to thank Chairman Stump and Ranking Member Skelton for their 
leadership, hard work, and dedication to our men and women in uniform. 
Because of their efforts, the Defense Authorization Act for Fiscal Year 
2002 reflects the strong bipartisan values of the committee and this 
legislative body in favor of securing and maintaining the most capable 
defense force in the world.
  Madam Chairman, H.R. 2586 represents this committee's and Congress' 
desire to rebuild our Nation's Armed Forces after years of neglect. 
Specifically, the legislation reflects the President's request for the 
largest increase in defense spending since the mid-1980s. In total, the 
President request and the House Armed Services Committee approved a $33 
billion increase from the fiscal year 2001 spending level.
  Madam Chairman, I want to highlight two specific areas where I 
believe the committee has done exemplary work. First, the committee 
approved the largest military pay raise since 1982, significant 
construction efforts to improve the facilities in which military 
personnel live and work, and substantial increases to readiness 
accounts that support operations, maintenance, and training.
  Second, the committee fully funds the required upgrades for the B-2 
bomber. By including $123 million for Link 16 and in-flight replanning, 
the committee has given the B-2 the required equipment to accomplish 
the job its capable of doing. Furthermore, the committee has asked the 
Air Force to report back on the number of B-2s it will need to 
accomplish the mission set out by Air Force Chief of Staff General John 
Jumper's Global Strike Task Force. While I believe that more B-2s would 
accomplish the mission, it is important that the Air Force provide us 
with this data so that Congress can appropriate the needed funds to 
support their mission.
  In view of last week's events and the commencement of Operation 
Infinite Justice, swift action by this legislative body will further 
demonstrate the unity and determination of this great Nation to 
overcome the challenges before us.
  May God bless America and the brave men and women who are putting 
their lives on the line to defend it.
  Mr. STUMP. Madam Chairman, I yield 4 minutes to the gentleman from 
New Jersey (Mr. Saxton), the chairman of our Subcommittee on Research 
and Development.
  Mr. SAXTON. Madam Chairman, I rise in strong support of H.R. 2586, 
the National Defense Authorization Act for Fiscal Year 2002.
  Prior to the August recess, the Committee on Armed Services met to 
mark up this legislation and ordered it reported by a vote of 58 to 1, 
a testament to the tradition of bipartisanship of the committee.
  I must say that I have been gratified by the strengthening unity of 
purpose which has seized this House. As a matter of fact, Madam 
Chairman, if the terrorists who perpetrated last Tuesday's attacks 
hoped to play on any partisan or policy differences we may have with 
each other, they have failed. As a matter of fact, the aisle that 
separates the two sides of this House has disappeared.
  Obviously, in light of the horrific terrorist attacks of September 
11, many aspects of the defense program will be looked at anew; but we 
are pressing ahead with this bill because there are many, many 
important defense priorities addressed in this measure. All of us in 
this great body understand that we need to relook at everything we have 
been doing to protect our national security, and I promise my 
colleagues that those needs will be our first priority as we meet in 
conference with the other body to give final shape to this measure.
  Even though we all yearn to act now, the prudent course of action is 
to address the requirements that the Secretary of Defense identifies, 
requirements that have been studied hard over the last 10 days. I know 
the Secretary is working hard with members of our leadership and with 
the chairman and vice chairman of the Committee on Armed Services to 
develop our priorities for our consideration; and in the weeks ahead, 
we will be considering those measures.
  As chairman of both the Special Oversight Panel on Terrorism and the 
Subcommittee on Military Installations and Facilities, I will be very 
active in pursuing effective ways to defeat the scourge of terrorism 
while allowing all Americans, but particularly those who serve in the 
military, to live and work without fear of sudden attack. Clearly, we 
must do what we can to protect the safety of our citizens, our 
military, and our military families. Just as importantly, we must find 
ways to streamline the security processes so that military bases are 
reasonably accessible.
  In all of this tragedy, there is a glimmer of hope. For example, 
there is evidence that the improved reinforced measures that have been 
taken in new construction have saved lives. I am told, and will go and 
visit soon to see for myself, that portions of the Pentagon that have 
been renovated, which included several explosion-resistant features, 
stood up far better than the original structure. I will be leading a 
delegation of my colleagues to examine the damage very soon and promise 
my best efforts to do whatever we can to protect all Americans from 
terrorism.
  Later this week, the Committee on Appropriations is expected to bring 
to the floor the bill to provide appropriations for military 
construction for the coming year which, of course, are also included in 
this bill. Our two committees have worked closely together, that is, 
the Committee on Appropriations and the Committee on Armed Services, in 
the development of the MILCON program for the next fiscal year. The 
gentleman from Ohio (Mr. Hobson) and the gentleman from Hawaii (Mr. 
Abercrombie) and the gentleman from Massachusetts (Mr. Olver) have 
worked closely together with all parties, and our bills mirror each 
other. H.R. 2586 would commit approximately $10.3 billion, roughly $350 
million more than the President's request, to the military construction 
and military housing for the coming fiscal year.
  In closing, I want to again express my appreciation to the members of 
the subcommittee who have contributed to

[[Page 17363]]

this bill. In particular, I want to express my appreciation to the 
gentleman from Hawaii (Mr. Abercrombie), with whom I have worked for 
many years, and I value his counsel.
  Madam Chairman, I encourage all Members to support H.R. 2586.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from 
Texas (Mr. Turner), who is the ranking member on the Special Oversight 
Panel on Terrorism.
  Mr. TURNER. Madam Chairman, I am pleased to rise in support of the 
2002 National Defense Authorization Act. I want to say I am pleased to 
follow the gentleman from New Jersey (Mr. Saxton), the chairman of our 
terrorism panel, who has done such an outstanding job working on that 
very critical issue. I am pleased to serve with him on that panel.
  I also want to thank the gentleman from Arizona (Mr. Stump), the 
chairman of the committee, for his outstanding leadership, and to thank 
the gentleman from Missouri (Mr. Skelton), our ranking Democrat on the 
committee. These two gentlemen have worked tirelessly and have worked 
together, along with our committee staff, to produce this piece of 
legislation.

                              {time}  1330

  In my view, there are many reasons to support the bill that is before 
us. It includes pay for military personnel, a pay raise; it includes 
funding for additional acquisition; it addresses several quality-of-
life issues. However, I am particularly pleased with the fact that this 
bill makes significant improvements to address the new and ever-
changing realities of the environment we live in today, brought home so 
tragically to us on September 11.
  As many of our colleagues have pointed out, America faces its 
greatest challenge since the Second World War. Last week's terrorist 
attack on the World Trade Center and the Pentagon has shown all 
Americans that the threat of terrorism is ever present on our shores 
and abroad. It exhibits vast destruction capabilities and 
sophistication. It is like a threat we have never faced before.
  With it, there is a bonus. We must be diligent in our efforts to 
embrace new response methods and techniques. This legislation makes 
great strides in our efforts toward that end. The research and 
development provisions add a significant amount of funding for a 
variety of transformational and leap-ahead technologies. This 
legislation provides for even more investments to combat terrorism, and 
also to handle consequent management and force protection.
  Madam Chairman, we recognize the continuing possibility of future 
terrorist attacks. I urge all Members to join with us in support of 
this legislation.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Utah (Mr. Hansen), a member of the committee.
  Mr. HANSEN. Madam Chairman, I thank the gentleman for yielding time 
to me.
  As the President said, we have seen the first battle of the first war 
of the 21st century, but there are many battles to come. Even as we 
speak, our military forces are deploying to the farthest reaches of the 
planet to begin the noble campaign to rid the planet of the scourge of 
terrorism.
  I appreciate the gentleman from Arizona (Chairman Stump) and the 
ranking member, the gentleman from Missouri (Mr. Skelton), for the 
great work they have done on this very important piece of legislation.
  I would like to say one thing: This bill has some things that are 
very important to the ranges of America. As many realize, there have 
been some real encroachments in it. We had one hearing where they said 
they could only use 18 percent of Camp Pendleton because of the 
Endangered Species Act, a small percent of Fort Hood, and challenges 
coming around. This piece of legislation allows us to have the military 
have some hand in the Endangered Species Act.
  If Members read the 1973 Endangered Species Act, the Secretary of 
Defense has a prerogative in there to utilize it, and I would urge the 
Secretary to take a look at that bill. That may help him.
  This bill also sets aside the referendum in Vieques. At a time like 
this, I am sure Puerto Ricans and Americans all over will stand tall, 
square their shoulders, and say that this is important. And it is 
important when the JFK goes out that it has live-fire training, that 
they do not go out unprepared. That is an extremely important thing.
  It gets into the idea of readiness, of $7.5 billion more for 
readiness, which is so important at this time. I think the gentleman 
from Pennsylvania (Chairman Weldon) and others who have worked 
admirably in getting this bill ready to go on things that will protect 
America.
  This is a good piece of legislation, a piece of legislation that 
should be passed. If Members read the Constitution of America, what is 
the reason we are here in these offices anyway? It is not a lot of this 
stuff we have been debating for the past year. The main reason we are 
here is to defend our people and defend this Nation.
  This is the first piece of legislation I have seen this year that 
does it, and it is a good piece of legislation. Let us all vote for 
this bill.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Andrews).
  Mr. ANDREWS. Madam Chairman, I thank my friend, the gentleman from 
Missouri, for yielding time to me.
  At a time of great uncertainty in our country, this bill provides 
strong assurances to the American people. When our Commander in Chief 
calls our men and women in service to action, they will be ready 
because of this legislation and other bills from this committee that 
have gone before it.
  When the planes need to fly and the ships need to be deployed and the 
Marines need to land and the soldiers need to do their work, they will 
be ready because of the diligence and vigilance of Members of this 
committee on both sides of the aisle.
  This bill does a lot to make them even more ready. It raises their 
pay, and makes significant steps towards improving the conditions in 
which their families live. It provides for funding for the ships, the 
planes, the weapons that they will need to do their job. As a member of 
the Subcommittee on Military Research and Development, I am 
particularly pleased that under the leadership of the gentleman from 
California (Chairman Hunter), with the active leadership of the 
gentleman from Massachusetts (Mr. Meehan), we were able to increase by 
$6 billion, from $41 billion in the present fiscal year to $47 billion 
in the forthcoming fiscal year, the resources for research and 
development.
  If Members want to make the airports safer, these research and 
development projects will make it so. If Members are looking for ways 
to defend America's civilian infrastructure from attacks that we dread 
and anticipate, these projects are the way to make it so.
  Our enemies should note duly this afternoon, we are united on this 
bill. We will go forward together, and when our Commander in Chief 
calls, our troops will be ready as a result of this legislation. I urge 
its passage by the House.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Maryland (Mr. Bartlett), chairman of our Panel on Morale, Welfare and 
Recreation of the Committee on Armed Services.
  Mr. BARTLETT of Maryland. Madam Chairman, I thank the gentleman for 
yielding time to me.
  Madam Chairman, I rise in support of H.R. 2586, the National Defense 
Authorization Act for fiscal year 2002.
  Under normal circumstances, I would confine my remarks to the 
provisions in the bill relating to the morale, welfare, and recreation 
and activities for military personnel in my capacity as chairman of the 
Panel on Morale, Welfare, and Recreation of the Committee on Armed 
Services. I certainly wish to thank my ranking member, the gentleman 
from Guam (Mr. Underwood), for his commitment and help.
  But these are far from normal circumstances. The morale, welfare, and 
recreation provisions are important,

[[Page 17364]]

and I commend them to all Members of this great body. More to the 
point, the overreaching purpose of this bill is to strengthen the 
national defense. The barbaric, despicable acts of terrorism committed 
just last week brought home the grim reality to us that our enemies are 
real, they are clever, and they are determined. We must not rest until 
others responsible are brought to justice. We in Congress must not rest 
until we discharge our sacred duty to provide for the common defense of 
this great Nation.
  In my opinion, we should have been doing more. However, this is not 
the time to dwell on what we did or did not do in the past. As Members 
of Congress, we must fulfill our responsibility to work together to 
provide the men and women who volunteer to serve in our military with 
the tools and resources they need to exact justice and ensure victory 
against the terrorists.
  I am sure we will have disagreements about exactly how to do that as 
this effort moves forward. We have to keep focused and united behind 
the ultimate goal of securing liberty for ourselves and our posterity. 
This bill and the $40 billion supplemental we passed a few days ago are 
a good start. More should and will be done, but this bill, as we will 
amend it today and tomorrow, is a good follow-up to the supplemental, 
and I urge all Members to support it.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from 
Maine (Mr. Allen).
  Mr. ALLEN. Madam Chairman, I thank the chairman and ranking member 
for putting together a good bill.
  While I take issue with the bill's acceleration of national missile 
defense, the overall bill is worthy of support, especially given the 
importance of supporting our troops in the war on terrorism.
  Let me take a moment to mention a little-noticed but important part 
of the bill, the maritime section. I thank the gentleman from 
California (Mr. Hunter), the chairman of the Merchant Marine Panel, for 
crafting a quality bipartisan product.
  The likelihood of a military buildup overseas shows that the need for 
a ready and viable Merchant Marine fleet and a shipbuilding industrial 
base remains as critical as ever. The committee recommends $104 million 
to maintain the Title 11 loan guarantee program, and provides $99 
million for operation of the Maritime Administration, including the 
U.S. and State maritime academies.
  In addition, we did not support the President's request to transfer 
the maritime security program from the Department of Transportation to 
the Department of Defense because the committee has not received any 
justification for the transfer.
  As the Nation stands united after the terrorist attacks, today is not 
the time for controversial debates. But there are items in this bill 
worthy of a full debate and vote in the future.
  For example, I believe the massive increase for a technologically 
unproven national missile defense to deal with the least likely 
terrorist threat to this country is misguided, given the more 
conventional and readily apparent terrorist threats that we face. 
Moreover, withdrawal from the ABM Treaty could undermine our ability to 
keep Russia as a reliable partner in the antiterrorism coalition.
  The administration's fiscal year 2002 budget adds $3 billion for 
missile defense, a 57 percent increase. Its original increase for 
counterterrorism was only one-eighth as large, a mere 7 percent 
increase. The response to September 11 has already required defense 
increases, from air patrols at home to reserve call-ups to deployments 
overseas. But we should not use this tragedy as an excuse to throw 
money at the Pentagon. New spending should be justified by an overall 
strategy and reviewed by Congress. This crisis does not obviate the 
necessity to prioritize.
  Again, I urge support for this bill to give full support to the 
American men and women who may be asked to put themselves in harm's way 
in our war on terrorism.
  Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from 
Texas (Mr. Thornberry), the chairman of our Special Oversight Panel on 
Department of Energy Reorganization.
  Mr. THORNBERRY. Madam Chairman, like other Members, I rise in 
appreciation and admiration for the leadership shown by our chairman, 
the gentleman from Arizona (Mr. Stump), and by the gentleman from 
Missouri (Mr. Skelton) in moving this bill, particularly at this 
difficult time.
  I also appreciate the participation of all the members in the special 
panel dealing with the Department of Energy's nuclear weapons program. 
At this time, as it has been for the past few years, security of our 
nuclear weapons and the complex which produces them has been a very 
high matter of concern.
  I can report to the House that General Gordon, who is the 
administrator of the National Nuclear Security Administration, has done 
a good job, in my view, in making sure that our nuclear weapons 
facilities are secure, and particularly in this difficult time.
  Along with the very distinguished ranking member of the panel, the 
gentlewoman from California (Mrs. Tauscher), we have worked side by 
side over the past year in overseeing the reorganization which Congress 
passed a few years ago.
  Included in this bill are some minor adjustments to the 
reorganization which I think are good and prudent and requested by 
General Gordon. But the bigger bill also provides more funding for our 
nuclear weapons projects, including some set-aside money for our 
facilities, which have been very badly underfunded in recent years, and 
I think helps give the necessary emphasis on these critical elements of 
our defense posture now, just as much as 2 weeks ago.
  Madam Chairman, in the broader sense, I believe this bill takes 
important steps forward in making sure that we are prepared for the 
challenges of the future. One thing that the events of last week 
reminds us is that the United States can be attacked by more actors 
using more different methods than ever before, so we have to have a 
military that is more flexible and more adaptable. This committee has 
been pushing to make sure that we have expanded capabilities that can 
deal with this greater variety of threats.
  Among the things that are included in this bill are a suggestion that 
the Secretary of Defense establish a transformation office within his 
office, to have an advocate in the highest reaches of the Pentagon to 
make sure that we are preparing for the wars and challenges of the 
future, not refighting the wars of the past.
  Included in this bill are important provisions dealing with space, 
because while a lot of our focus now is on these particular acts of 
terrorism, this country can also be subject to economic terrorism, if 
for example satellites were disabled, and it would also of course 
cripple our military. Having control of space and giving space the 
proper attention it needs is a critical thing.
  We support the Army's efforts to transform itself to have smaller 
units that are more mobile and more lethal, and obviously the events of 
recent days point out the importance of that. This bill also moves 
ahead with the conversion of the Trident Submarines into SSGNs. It is 
an important step that gives us additional capability.
  So this bill helps move us forward and will make us better prepared 
to deal with the challenges ahead.
  Mr. SKELTON. Madam Chairman, I yield 7 minutes to the gentlewoman 
from Georgia (Ms. McKinney).
  Ms. McKINNEY. Madam Chairman, I have grave concerns about this bill. 
I would first like to say that I hope that reason and common sense 
prevail in any decisions on our Nation's future response to terrorism.
  Madam Chairman, I pray for God's intervention in ensuring the safe 
return of our many young men and women who are now being sent off to 
fight this war against terrorism. They face tremendous dangers and 
uncertain futures, and their families will endure many long and 
sleepless nights waiting for their return. We must remember them all, 
and acknowledge the great personal sacrifices they are going to have to 
make on our behalf in the coming days.
  H.R. 2586 represents a near $33 billion increase from last year. In 
comparison,

[[Page 17365]]

appropriations for diplomacy and foreign aid total only $22.9 billion, 
a mere 6 percent of the entire defense budget.

                              {time}  1345

  With the financial mismanagement that continues to exist within the 
Department of Defense, increases should not be made until a system of 
financial responsibility is instituted to prevent waste and address the 
lack of accountability.
  The single largest portion of the budget increase is dedicated to the 
development of missile defense systems. It should be apparent to us all 
now that ballistic missiles are not our worst threat at this time. 
Expensive high-tech weapons are no substitute for effective diplomacy. 
Arms control, disarmament, and international cooperation will be far 
more effective in advancing peace and security in the years ahead and 
will cost far less than a missile shield.
  This bill also prevents our Nation from reducing our nuclear weapons 
arsenal and from de-alerting our nuclear weapons stockpile. In light of 
recent events, I think it would be prudent to de-alert our nuclear 
missiles and to retire as many as possible, lest they become greater 
targets or be turned against us.
  I regret that the committee did not support the Sanchez amendment to 
change current law to permit servicewomen and female dependents who are 
overseas to access military hospitals for the purpose of privately 
funded abortions. This provision is tantamount to gender discrimination 
and should be changed.
  This bill also reduces the likelihood of the Navy's departure from 
Vieques. It is my hope that the administration will be permitted to go 
ahead with its plans for withdrawal from Vieques in 2003.
  There have been recent revelations about the use of military 
intelligence for domestic purposes, specifically with respect to the 
surveillance of Dr. Martin Luther King, Jr., and Operation Lantern 
Spike. Evidence of such past activities give rise today to grave 
constitutional issues and concern about civil liberties. The 1975 
report written by the Frank Church Committee revealed practices 
abhorrent in a free society. The Church committee exposed that in the 
name of State security a program of manipulation, surveillance, 
disruption, and murder was carried out with the consent of those at the 
highest levels of the United States Government and against domestic and 
international law. Domestic uses of the military have long been 
prohibited, for good reason, and the same should continue to apply.
  The escalating war on drugs is another problem area for us. As with 
the continued bombing of Iraq, I think now is not the time to be 
fighting proxy wars overseas, making more enemies abroad than we may 
already now have. Now is a time to focus on diplomacy abroad and 
justice and security at home. As such, I do not support continued 
funding for training for civil conflicts in Colombia and elsewhere.
  Despite my reservations with this legislation, it does include 
positive aspects that I applaud. I would like to commend the committee 
for the increase in military pay and salaries. This is an appropriate 
step that not only provides our servicemen and women with sufficient 
compensation but also furthers the professionalism and enhances the 
retention of our servicemen and women. Similarly, increases in moving 
allowances, housing expenditures, provisions permitting concurrent 
receipt of retired pay and veterans' disability benefits, and efforts 
to promote voting rights of personnel are praiseworthy.
  Much has changed since the committee passed this bill in August. 
However, I am still confident that many of the nations that we perceive 
as a threat will respond to the expansion and proliferation of missile 
defense, the expanding role of the military and drug interdiction, and 
preventions of reductions in nuclear missiles. It is uncertain how 
these nations will respond, but I am confident that diplomacy and 
engagement will have a much more positive effect on our national 
security than will expanding the defense budget.
  I urge this body to consider its role in developing not only national 
policy but also international relations, and to realize that as a 
global leader we have a role in not only preparing for war, but also in 
promoting peace.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Kansas (Mr. Ryun), a member of the committee.
  Mr. RYUN of Kansas. Madam Chairman, I want to thank the chairman and 
ranking member of the committee for their hard work on this bill.
  Madam Chairman, this Congress is still experiencing the pain of a 
tremendous tragedy. America's military personnel and their families 
will be called on to make even greater sacrifices to protect the 
freedoms of our Nation. Unfortunately, for too many years they have 
been called on to do more with less.
  Now, more than ever before, we realize our presence represents a 
stabilizing force to countries around the globe. With the pace of 
deployments likely to increase, the Committee on Armed Services has 
appropriately concentrated on enhancing quality-of-life issues in 
support of our deserving personnel.
  I support H.R. 2586, the Fiscal Year 2002 National Defense 
Authorization Act, because it directly addresses the quality-of-life 
problems today's service members are experiencing. In total, the bill 
authorizes $343 billion for defense spending in 2002. Of the $33 
billion increase from last year, military health care receives a 54 
percent increase in funding. Clearly, this is one of the largest given 
in this critical area in many years.
  It is a well-known adage in the military that you recruit soldiers 
and you retain families. Quality of life is essential in recruiting and 
retaining quality personnel. If we are serious about resolving the 
attrition problem, we must continue to focus on the quality of health 
care for the entire family. That is why I wanted to eliminate a 
burdensome requirement experienced by military spouses in maternity-
related care.
  I believe that service members should not have to worry about 
administrative health care problems their families may suffer. It 
detracts from their focus on their work, when their work demands total 
attention to protect our Nation. This bill appropriately calls on the 
Pentagon to make some changes. They are required to report on how they 
are operating under recent changes made in this aspect of beneficiary 
health care.
  Congress must move ahead to remove the pressures felt by America's 
military personnel who put their lives on the line every day to protect 
America's freedom. H.R. 2586 makes great strides in adequately 
addressing pay, housing, and health care for our soldiers, sailors and 
Marines. I urge my colleagues to vote ``yes'' on this very important 
piece of legislation.
  Mr. SKELTON. Madam Chairman, may I make an inquiry of the time we 
have remaining?
  The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 33\1/2\ 
minutes remaining, and the gentleman from Arizona (Mr. Stump) has 29 
minutes remaining.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Madam Chairman, I appreciate the gentleman's courtesy 
in yielding me this time.
  As the Nation's eyes turn towards what we can do to protect our 
citizens from these horrible actions of terrorist violence, it would be 
sad, in an era of unprecedented increase in military spending, if we 
did not also do everything we could to save the lives and health of 
innocent Americans.
  Sadly, as the committee has recognized, the landscape across this 
country is still littered with the explosive residue from years of 
military testing, storage, unexploded ordnance and other toxins that 
have taken the lives of adults and children and threatened the health 
of Americans across the country, including right here in Washington, 
D.C.
  I wish to thank the chairman and ranking member for the committee's

[[Page 17366]]

action to do something about this important problem of unexploded 
ordnance. I appreciate the committee's including the most important 
provision of this legislation, which the gentleman from Alabama (Mr. 
Riley) and I have introduced to deal with this problem that is not 
theoretical and touches every congressional district, and that is to 
inventory the sites and provide a program for their prioritization.
  We are going to have to address the problem of unexploded ordnance at 
some time. The current rate of cleanup will take hundreds, some have 
even estimated it may take as many as a thousand, years. That is 
unacceptable. Sooner is better for the environment, for our citizens, 
and for the taxpayers. I hope that this last week's tragic incident 
will strengthen our resolve to do everything we can to make our 
citizens safe in every way possible.
  Unexploded ordnance, also known as UXO, is the bombs and shells that 
did not go off as intended and are subsequently buried or litter the 
landscape. Our bill, the Ordnance and Explosives Risk Management Act 
(H.R. 2605), lays out policy guidelines to address this problem.
  Section 311 of the Committee bill calls for an inventory of explosive 
risk sites at former military ranges. It requires DOD to complete and 
annually update the inventory that is already begun and establishes 
criteria for site prioritization among UXO sites.
  I want to clarify the purpose of this prioritization requirement. It 
requires the Department of Defense to develop much more detailed 
information on the nature and extent of the unexploded ordnance problem 
that it has compiled to date. Recent GAO reports have concluded that 
the Department of Defense does not have a complete inventory of current 
and former training ranges, and that DOD may have overlooked as many as 
200 former training ranges in compiling a survey of Formerly Used 
Defense Sites for the Senate Armed Services Committee. Thus, DOD has 
likely significantly underestimated the scope of the unexploded 
ordnance problem. In addition to woefully incomplete information on the 
scope of this problem. DOD has not been able to provide much 
information on the urgency of cleaning up the many sites that have been 
identified.
  Some have expressed concern to me that the prioritization 
requirements of the new section 2710 (which is added to Chapter 160 of 
title 10, United States code) may preempt states' regulatory authority. 
That certainly is not the case. I want to emphasize that these 
requirements are simply intended to generate information on the 
relative urgency of necessary response actions at and within different 
ranges. These provisions are not intended to impair or alter, or 
diminish any existing federal or state authorities to establish 
requirements for investigating and responding to ordnance 
contamination.
  Madam Chairman, I am pleased to note that the Senate is addressing 
similar issues to this inventory requirement regarding UXO in its 
version of the FY02 Defense Authorization. We in the House of 
Representatives look forward to combining and improving the language in 
conference in pursuit of what appear to be our common objectives.
  It is difficult to find a Congressional district that does not have a 
UXO problem: over 1,000 formerly-used defense sites (FUDS) are known or 
suspected to be contaminated with it. They are located from extremely 
remote areas in Alaska to dense urban environments such as the Spring 
Valley neighborhood in Washington, DC.
  Many of these sites are located in already heavily populated urban 
areas bordered by housing developments, schools, and parks. Much of 
this land is otherwise highly desirable, yet its use is restricted due 
to UXO contamination. At least 65 people have been killed in this 
country by accidents with UXO, most of them since World War II.
  This inventory requirement is going to enable us to begin to learn 
more about the scope of the UXO problem and provide what is needed for 
our families to be safe, healthy, and economically secure.
  Mr. STUMP. Madam Chairman, I yield 1 minute to the gentleman from 
Connecticut (Mr. Simmons), a member of the committee.
  Mr. SIMMONS. Madam Chairman, I rise today in strong support of this 
legislation; and I commend the chairman, the ranking member, and the 
staff for their excellent work on this bill.
  The past week has been one of tremendous challenge for this Nation 
and for this Congress; and as we stand here today, thousands and 
thousands of Americans in uniform are moving by land, sea and air to 
take part in what may be a long and difficult campaign against a 
vicious enemy. It is with great seriousness and bipartisanship that we 
work here today.
  When I served as a young lieutenant in Vietnam, America was divided 
on the war. This made the war particularly difficult for me and for my 
generation. Today, I hope we stand with strong bipartisan support for 
this defense authorization bill. It is my hope that this bipartisanship 
will continue as we deploy the men and women of our armed services to 
defend our citizens, our interests, and our values both here at home 
and abroad. They deserve our unanimous support, and they certainly have 
mine.
  The Second District of Connecticut is home to the Naval Submarine 
Base at New London--the proud home to nearly 10,000 military families 
and civilians who maintain and support 21 fast attack submarines within 
Submarine Group Two. The quality of life improvements in this bill have 
a major affect to many of these hardworking people in the community I 
have the privilege of representing.
  Our men and women in the military and their families are this bill's 
primary focus. The pay raise, the highest single increase since 1982, 
is a critical element towards improving retention, morale, recruitment, 
and quality of life. Each day there are thousands of men and women who 
get up and put on a uniform and serve their country abroad or on the 
seas. They guard our shores, provide stability in unstable regions, 
provide security to our allies, and deter our adversaries. These 
patriots have not experienced the years of prosperity in the same way 
that civilians have; this bill makes a significant step overcoming this 
disparity.
  At the end of this month the Department of Defense will report the 
Quadrennial Defense Review to Congress outlining the findings of 
numerous reviews and studies it has conducted over the past months. 
This is expected to highlight the efforts of this administration to 
transform our military to meet the threats of the present day and those 
of the future. Madam Chairman, I was pleased that the President's 
budget and this bill already contains a significant step towards 
transforming our military to better meet the needs of the future, and 
it does so in a cost efficient manner through the Trident Submarine 
Conversion program.
  Taking a Trident Ballistic Missile Submarine and converting it into a 
Guide Missile Submarine with 154 Tomahawk Cruise missiles is 
transformational. It provides the United States with a massive, 
stealthy, long-range knock-the-door-down capability, equal to 70% of 
the firepower of a carrier task force. A Guided Missile Submarine, an 
SSGN, could be manned by a crew of 120 compared to 7000 for carrier 
task force. The cost savings in personnel and in operations and 
maintenance is clear. This bill funds the conversion of two of the four 
Tridents currently requiring refueling and sets the course for the 
conversion of the remaining two. Let us now complete this 
transformational initiative.
  Finally, I am especially pleased that this bill addresses one of my 
priorities--solving the problem of American soldiers on food stamps. 
Last year's targeted sustenance benefit and this year's large pay 
increase will make great strides toward reducing the numbers of our 
soldiers on food stamps. In addition, the bill continues to reduce out-
of-pocket housing costs by increasing housing allowances to cover 88.7% 
of housing costs. Military families will therefore not be overburdened 
by the high cost of opting to live in off-base housing--at a time when 
DOD itself has deemed that 60% of the military family housing units it 
maintains are ``substandard.''
  While the bill will reduce the need for soldiers to use the food 
stamp program, I am especially pleased that the bill includes language 
that will work to prevent soldiers from going on food stamps in the 
future. This bill directs the services to examine and evaluate their 
financial management training and supplementary programs to prevent 
financial mismanagement--a condition that not only can lead to military 
personnel needing food stamps, but also leads to marriage and family 
dissolution, service separation, and professional decline. At a time 
when personal bankruptcy filings are at near-record levels, I believe 
this is a smart, pro-active rather than reactive approach to meet the 
needs of our service men and women.
  I thank the chairman of the Subcommittee on Military Personnel, the 
gentleman from New York (Mr. McHugh) and the ranking member, the 
gentleman from Hawaii (Mr. Abercrombie), and the subcommittee staff for

[[Page 17367]]

their assistance on the food stamp and financial management issues. I 
commend the chairman, the gentleman from Arizona (Mr. Stump) the 
ranking member, the gentleman from Missouri (Mr. Skelton) and the 
committee staff for putting together this legislation, and look forward 
to working with you in the future on these important issues.
  Mr. SKELTON. Madam Chairman, I yield 3 minutes to the gentleman from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. Madam Chairman, I thank the gentleman for yielding me 
this time.
  Air Force Colonel John Boyd, perhaps our Nation's greatest military 
strategist, once said, ``Machines don't fight wars, people do, and they 
use their minds.'' Last week, a group of terrorists shattered all of 
our established notions of warfare, commandeering four of this 
country's own commercial airlines and utilizing them as weapons that 
wrought catastrophic damages on two of our major cities. Yet today, we 
gather to debate a defense bill oriented towards the type of war fought 
in past generations.
  The tactics the perpetrators employed, fourth-generation warfare, are 
vastly different from traditional modes of battles. They are unorthodox 
and irregular, as likely to be carried out by non-state actors as 
nation states. They seek to create chaos by attacking people, cultures, 
and institutions rather than militaries. They have been in development 
for years, and on September 11th they became impossible to ignore.
  The bill we debate here today allocates $343 billion for the defense 
of our Nation. Will the expenditure of this money protect our Nation 
from the type of attack we faced last Tuesday? That is a key question. 
Will the 13 F-22s we will buy next year for $4 billion have been able 
to prevent the hijacking of these four airliners? What of the role of 
the 55-ton Howitzer the Army is requesting $500 million for? What of 
the role of the Land Attack Missile Destroyer? What about the ballistic 
missile defense system, the development of which to date has consumed 
over $60 billion of taxpayer money?
  Will any of this equipment help prevent or counter the next attack 
against our Nation? Will this equipment, for instance, be of any use 
against a suitcase bomb, which uses conventional explosives to 
distribute nuclear waste products?
  Our military establishment seeks $33 billion more than last year, the 
largest defense increase since the Cold War, for a total budget as 
large as the next 15 defense budgets combined, in order to leap ahead 
into the future. But this leap-ahead technology is rooted deeply in the 
past. Our current force is more than adequate at dealing with 
conventional battlefield threats. What we lack is the ability to deal 
with this new sort of warfare.
  We need, then, a new set of principles to form the backbone of an 
efficient and effective national defense.

                              {time}  1400

  First, we need a force that is capable to adapt to changing 
circumstances, a force that is comfortable and capable countering a 
terrorist infiltration as an invading army. To accomplish this we need 
accurate and comprehensive information upon which to base our 
decisions. This includes information about ourselves, our systems, our 
current capabilities, our expenditures, as well as our potential 
enemies.
  Finally, borrowing from Colonel Boyd, we need to acknowledge that our 
people, not our machines, are our most important assets.
  The Pentagon, for example, in this context has never passed an 
independent audit, cannot properly document trillions of dollars in 
accounting entries, cannot account for all of its equipment, overpays 
its contractors and uses unrealistic assumptions in all aspects of 
planning, according to audit agencies.
  We have the opportunity to construct an efficient and versatile force 
oriented towards the diverse threats facing our Nation, one that 
exploits the ability of a talented officer and enlisted corps and 
utilizes machines as their tools. But our Nation has much work to do 
before we complete that task, and we are in a position to accomplish 
it.
  Madam Chairman, I want to thank the ranking member and also the Chair 
for this opportunity. I know they are trying to do what is best for 
this country. We have a lot more work to do.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Illinois (Mr. Kirk).
  Mr. KIRK. Madam Chairman, more Americans died last Tuesday than in 
our Revolutionary War. Therefore, I strongly support this bill and 
commend the chairman, the gentleman from Arizona (Mr. Stump), and our 
ranking minority member, the gentleman from Missouri (Mr. Skelton), for 
their excellent bipartisan work on this national defense measure.
  As a Reserve Naval intelligence officer and a new member of the 
committee, I strongly support almost all of the provisions of this 
bill. I would especially like to thank the gentleman from Arizona (Mr. 
Stump), the gentleman from Ohio (Mr. Ney), the gentleman from 
California (Mr. Thomas), the gentleman from California (Mr. Dreier), 
the gentleman from Missouri (Mr. Skelton) for their support for my 
amendment, which would allow polling places to be established on 
military installations.
  The Kirk-Langevin amendment would clarify an arcane statute that 
outlaws ``military presence at voting facilities,'' hence, allowing the 
Department of Defense 1999 memo to prohibit establishing polling places 
on military installations. The section of the U.S. Code that our 
amendment seeks to repeal was enacted in 1865 in response to 
irregularities during the 1863 elections involving Union troops at 
polling places in Maryland and Delaware. Voters in some States were 
reportedly asked to take an oath of loyalty to the Union before voting 
with Union soldiers preventing others from voting.
  At the time the law was enacted, it was an appropriate response to 
these irregularities. However, the 1999 DOD interpretation of the 
statute makes voting for our men and women in uniform very difficult.
  When the DOD issued a directive to base commanders instructing that 
polling places should not be located on military installations, it has 
forced existing polling places to be relocated. According to the CRS, 
an April 2000 survey of State election officials identified at least 20 
jurisdictions that have lost polling places and others that were 
vulnerable. Some of those polling places had been used for at least 15 
years. It is time to let State and county officials decide to choose 
the convenient places for our people to exercise the franchise granted 
by the Constitution.
  Our amendment is to clarify this arcane law, making voting more 
accessible to our men and women in uniform. I thank my colleagues and I 
thank them for including this in the en bloc amendment and urge support 
for this legislation.
  Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Hoeffel).
  Mr. HOEFFEL. Madam Chairman, I rise in support of this bill and in 
strong support of the Tauscher amendment that will be offered later 
today as part of an en bloc amendment that would require a Presidential 
strategic plan dealing with nonproliferation issues regarding Russia.
  Clearly, the unstable situation in Russia and the uncertainty about 
the future of her nuclear weaponry and technology requires this kind of 
strategic plan to be performed. It is very appropriate that the 
gentlewoman from California (Mrs. Tauscher) offer this amendment to the 
defense authorization bill. I wanted to speak in strong support of it.
  I also want to bring to the attention of the House that we have 
passed in the State authorization bill a similar proposal that I 
offered that would require a 5-year strategic plan to be done on our 
arms control and non-proliferation strategies in general. It is 
important that we pay close attention to these challenges, that we 
require both the State Department and, in this case, the Department of 
Defense to do this sort

[[Page 17368]]

of planning under Presidential direction, and that we get our national 
security team and agencies to work together to deal with 
nonproliferation issues, with arms control matters.
  Madam Chairman, I compliment the gentlewoman from California (Mrs. 
Tauscher) for bringing this matter to the attention of the House. I 
urge support for her amendment and the close attention to be paid to 
the future of proliferation issues. The events of last week bring home 
as clearly as possible the need for us to pay attention to keeping the 
nuclear weaponry, technology and information out of the hands of 
terrorists. This sort of strategic planning is the way to do it. I ask 
for support of the Tauscher amendment.
  Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from 
Arizona (Mr. Kolbe).
  Mr. KOLBE. Madam Chairman, I congratulate the chairman and the 
ranking member for a good bipartisan bill. I rise in strong support of 
it.
  Madam Chairman, I come to the floor today to discuss an inequity in 
the treatment of Americans who helped to win the Cold War. 
Unfortunately, an amendment that I would have offered to this bill was 
not made in order.
  This same bill last year included the Energy Employees Occupational 
Illness Compensation Program Act of 2000. This act provides 
compensation to employees and survivors of employees suffering from 
illnesses incurred from exposure to beryllium in the performance of 
duty in America's nuclear weapons program.
  Beryllium is a metal with structural and atomic characteristics that 
make it irreplaceable for many nuclear-related uses. Inhalation of 
beryllium dust, even at very low concentrations, can cause cancer and 
chronic beryllium disease, which gradually destroys lung function many 
years after exposure. Thousands of workers involved in producing 
nuclear weapons, materials and components have suffered disability and 
horrible deaths.
  Although beryllium has numerous commercial applications, the 
Departments of Energy and Defense have been the largest users. In the 
construction of our strategic nuclear arsenal, the Department of Energy 
had responsibility for the nuclear device, that is, the weapon, while 
the Department of Defense had responsibility for the delivery system, 
the missile, and the inertial guidance system which would deliver the 
device to target.
  Congress has recognized its responsibility and determined that we are 
responsible in accordance with the Energy Employees Occupational 
Illness Compensation Program Act.
  Although it was passed with the best of intentions, the act is a 
travesty because it is not equitable. It applies only to the DOE. A 
worker with the exact same condition developed under the exact same 
circumstances but who worked for the Department of Defense is not 
covered. Why should one Department of the Government have different 
responsibilities and liabilities than another Department?
  If the Department of Energy has a responsibility to compensate its 
workers, then under the same circumstances the Department of Defense 
should have the same responsibility. I would not seek to greatly expand 
the scope of the Energy Employees Occupational Illness Compensation 
Program Act, but I insist that those people working for the Department 
of Defense under the same relationship and same conditions as those 
working for the Department of Energy receive the same benefit.
  This inequitable treatment of people who did work on behalf of our 
national security must be addressed. These citizens who work on our 
national weapons program helped to win the Cold War, and they should 
not be punished unfairly only because they worked for one agency 
instead of another. I do not intend to give up on this matter. I and 
the people who are suffering from this disease are anxiously awaiting 
the Department of Defense's report on this subject, which is 
inexplicably late; and I will continue to pursue a legislative remedy 
for this injustice.
  Mr. SKELTON. Madam Chairman, I yield 4 minutes to the gentleman from 
Mississippi (Mr. Taylor).
  Mr. TAYLOR of Mississippi. Madam Chairman, I thank the gentleman for 
yielding me this time.
  Madam Chairman, last Tuesday was a tragic reminder of what a 
dangerous place this world is. It is also a tragic reminder of how 
dangerous the world is not only for the men and women in uniform, but 
the people they protect. Last Tuesday, we did not do our job as well as 
we should have. The fact that any American died means that we have to 
do better.
  This bill will address a lot of our Nation's needs, but it also 
leaves some things unattended. I regret to say this year's shipbuilding 
budget will lead to a Navy that is 210 ships in the very near future. 
That is inadequate. Maybe what happened on Tuesday will cause us to 
rethink that, and I hope so. I had the assurance 2 weeks ago from the 
Secretary of the Navy that he will try to do better. Unfortunately, he 
told me next year's budget does not look any better than this year's 
budget for shipbuilding.
  Earlier I told my colleagues that defense was more important than tax 
breaks. I will say it again. Defending this Nation is more important 
than tax breaks. Having served in both State and local government, I 
can tell my colleagues that the States and cities can do almost 
everything; but they cannot defend the Nation. That is our job.
  Madam Chairman, it is also equally important, as we are asking young 
people to put their lives on the line for our Nation, that we keep our 
promise to those people who have already served our Nation. One of the 
promises made to them was a lifetime of health care. Part of that was 
answered last year. This House, interestingly enough by over 400 votes, 
voted to allow our military retirees to continue using the base 
hospitals and to have their Medicare taxes, the taxes they pay just 
like every other person in America, be used to reimburse that base 
hospital for their care to ensure that promise was kept.
  Over half of our Nation's military retirees live close to a military 
base, and the overwhelming preponderance of them did so so they could 
use the base hospital. Unfortunately, language was changed in 
conference last year that instead of saying they must do this, allowed 
Medicare and the Department of Defense health care system to reach an 
agreement. For 3 months under the Clinton administration and for 8 
months under the Bush administration, neither HCFA nor the DOD have 
reached that agreement and now talks have broken off.
  So on October 1, military retirees who walk into a base hospital will 
be turned away. Many have been going to those base hospitals since they 
were 18 years old. They like being called colonel or chief. They earned 
those titles. They want to go to the base hospital because that has 
been their family for 20 to 40 years of their life.
  Madam Chairman, I have gone before the Committee on Rules with the 
same amendment that over 400 of my colleagues voted for last year. It 
is a very simple premise. It would allow our Nation's military retirees 
who pay Medicare taxes, just like every other American, to take their 
Medicare benefits to a base hospital.
  Unfortunately, thus far the Committee on Rules has not made that 
amendment in order. I am here publicly to ask my colleagues, the 
gentleman from Missouri (Mr. Skelton), the gentleman from Arizona (Mr. 
Stump), I have met with the gentleman from Illinois (Mr. Hastert), the 
ranking members on both sides of the Committee on Rules, let us make 
that amendment in order before we ask one more kid to serve their 
country with promises of doing good things for them. Let us keep the 
promises that we have made. Those promises have been made. Those 
promises were in the recruiting manuals all of the way up until 1991. 
It is the right thing to do. It can take an otherwise good bill and 
make it into a great bill. I think it is a very simple request.
  Madam Chairman, I hope that request is fulfilled. I hope I do not 
have to cause mischief to get that amendment made in order.

[[Page 17369]]


  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Indiana (Mr. Buyer).
  Mr. BUYER. Madam Chairman, I thank the gentleman from Arizona (Mr. 
Stump) and the gentleman from Missouri (Mr. Skelton) for a job well 
done on the bill.
  The President, as we all know, is coming here tonight to address not 
only a joint session, but the American people, to describe not only his 
mission in the war on terrorism, but also how he will help stabilize 
and stimulate our economy and how sacrifice must be of a higher 
priority than personal inconvenience.
  This is the first war of the 21st century, and it is nothing like 
anything we have ever faced. The enemy flies no flag, has no 
boundaries, and often goes unseen. We call it the asymmetrical threat; 
but this is one that is not subject to the traditional calculus of 
deterrence, which means that we also in this bill, and I am sure as we 
go to conference, will have to address the intelligence side of the 
House, not only by my colleagues' cooperation as an authorizing 
committee, but also with the appropriators to make sure that not only 
the intelligence community of our CIA but the military intelligence 
community is strengthened.
  I thank on behalf of the Guard and Reserve Caucus, the gentleman from 
Mississippi (Mr. Taylor) and myself, the gentleman from Missouri (Mr. 
Skelton), and the gentleman from Arizona (Mr. Stump), for allowing us 
to play a part in the bill. I am pleased that the bill provides $807 
million, $192 million more than the President's request for facilities 
enhancements to improve training and readiness for the Guard and 
Reserves.
  Congress has worked hard in the past to close the procurement gap 
between the active and reserve components to ensure seamless 
integration of equipment and compatibility.

                              {time}  1415

  That modernization of those reserve components is highlighted by the 
call-up that is happening right now. We cannot go to remote places of 
the world without relying upon the Guard and Reserve. We need their air 
assets to build the air train, for the lift to get us to where we need 
to be.
  As this bill supports them, I want to thank the gentleman from 
Missouri (Mr. Skelton) and members of the committee on both sides of 
the aisle and the chairman for a job well done in this bill. Please 
support this defense bill.
  Mr. SKELTON. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, last year in the bill that related to the Department 
of Defense, there was a provision that required the General Accounting 
Office, the GAO, to examine the Federal Government's progress in its 
effort to combat terrorism. As of today, the GAO is making its findings 
public.
  First, let me point out that for quite some time, we have been in a 
quiet war against terrorism. Nothing has happened here on our soil. And 
as of September 11, the difference is now that everyone knows it. This 
report, which was well in the works before the horrific attacks on 
September 11, underscores our need to dedicate more attention to 
protecting Americans by combating terrorism.
  This report is entitled ``Combatting Terrorism: Progress Made, but 
Executive Direction Needed to Address Evolving Challenges.''
  The report concludes that while progress has been made, much remains 
to be done to establish overall leadership and coordination at the 
operational level and to implement a comprehensive national strategy. 
The report recommends the establishment of a single focal point for 
overall coordination and leadership and calls on the President to 
appoint a person to be responsible for threat assessments, strategy, 
budgeting, and oversight. The study further suggests the need for 
greater consolidation of Federal programs designed to assist State and 
local governments such as those managed by the Department of Justice 
and the Federal Emergency Management Agency.
  This report, though it cannot be of help because of the September 11 
acts that occurred, hopefully will be of help in the days and years 
ahead.
  Madam Chairman, I reserve the balance of my time.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Virginia (Mr. Forbes).
  Mr. FORBES. Madam Chairman, I rise in strong support of the National 
Defense Authorization Act. In the coming days, we will see a strong 
demonstration of America's military might. But as our military responds 
to Tuesday's tragic events, keep in mind that this is a military that 
has faced a decade of high tempo of operations, armed with declining 
numbers of personnel and decreased funding. This other battle, the 
battle to maintain readiness, has degraded America's security by 
encouraging the attrition of some of its most talented personnel.
  Now more than ever, we need to support our service personnel, the 
true power behind America's military might.
  We must give our soldiers, sailors, airmen and marines modern 
weaponry with which to keep American interests secure. We must support 
shipbuilding, aircraft procurement, homeland defense, and research and 
development. We must support the National Defense Authorization Act if 
we want to ensure that America will be able to respond to aggression, 
today and tomorrow. The National Defense Authorization Act addresses 
the urgent need to rebuild the U.S. military. I urge my fellow Members 
to support this balanced measure.
  I thank the chairman and the ranking member for their hard work and 
dedication to this legislation.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentlewoman from 
Florida (Ms. Ros-Lehtinen).
  Ms. ROS-LEHTINEN. Madam Chairman, I thank the gentleman for yielding 
me this time.
  One of the more revealing elements of the approach undertaken by 
Osama bin Laden and his terrorist network is the importance of lengthy 
preparation, meticulous planning and guerilla warfare. However, it is 
not guerilla warfare in the traditional sense. As the barbaric attacks 
of September 11 clearly demonstrated, anything and everything is 
possible. In the minds of these terrorists, anything and everything is 
justified. Thus, the U.S. must be prepared on every front to confront 
and eradicate such an enemy.
  This bill seeks to accomplish just that. The U.S. and democratic 
principles triumphed over tyranny and communism during the Cold War by 
following the tenets of the landmark document, NSC-68, and the doctrine 
of peace through strength. We did simply more than match capabilities; 
we overpowered our adversaries through a policy firmly rooted in U.S. 
military superiority and overwhelming strength. The resources and the 
funding that we allocate for the war against terrorism must follow this 
precedent. We must provide for a flexible, comprehensive, and 
definitive response which includes any and all options available to the 
U.S.
  As Thomas Jefferson wrote in 1788, ``War requires every resource.'' 
Let us not gamble with the safety and security of the American people. 
Let us once again demonstrate congressional resolve. Let us render our 
full support to this important legislation.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
North Carolina (Mr. Hayes), a member of the committee.
  Mr. HAYES. Madam Chairman, I thank the gentleman from Arizona (Mr. 
Stump) and the gentleman from Missouri (Mr. Skelton) for their 
absolutely tireless effort on the part of our military, our men and 
women in uniform.
  Madam Chairman, the tragic events of September 11, 2001, have thrust 
our Nation's military into the spotlight and called to duty the brave 
men and women of the U.S. Armed Forces. Once again, U.S. citizens are 
rallying behind them in strong support of the harrowing mission they 
have been called upon to do. We in Congress just passed a $40 billion 
funding bill, half of

[[Page 17370]]

which will be devoted to our military. This financial support, devoted 
to our national security, is long in coming. I am proud to say that as 
a member of the House Committee on Armed Services, this legislation 
that we passed in August took the first step in rebuilding our military 
after almost a decade of decay and neglect.
  The bill in front of us today marks the most significant increase to 
the defense budget since the mid-1980s. It is targeted at two of the 
most critical areas crucial to maintaining a healthy and robust 
military: quality of life and readiness. For the soldiers in my 
district at Fort Bragg, North Carolina, the ability to adequately care 
for their families and train for the mission for which they are called 
are the two issues that are second to none. I believe this legislation 
makes significant progress in these areas. Furthermore, this bill 
supports the President's missile defense program and ensures a 
necessary and realistic testing program.
  Madam Chairman, it is gross injustice and misfortune that it took the 
tragedy of a week ago to focus the public eye on the need for a more 
robust defense budget. I feel the legislation in front of us today 
takes that important first step and sets a clear and strong course to 
rebuild our Nation's defenses. I urge my colleagues to send a message, 
loud and clear, to our soldiers, sailors and airmen that we will 
strongly support them and give them the resources necessary to perform 
the mission at hand.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Arizona (Mr. Flake).
  Mr. FLAKE. Madam Chairman, I wanted to briefly speak about an 
amendment that I had planned to offer. My amendment would have removed 
language added by the Committee on Armed Services regarding the B-1 
bomber fleet. It is my understanding that an agreement has been worked 
out with the administration and the Committee on Armed Services that 
had raised concerns over reducing and consolidating the B-1 fleet. I 
understand that this is going to be worked out in conference.
  It is my concern that we fight today's wars, not yesterday's wars. I 
believe that this agreement is going to be satisfactory. I just want to 
state for the record that modernizing the B-1 fleet is very important. 
I would strongly encourage the two parties to revisit the issue in 
conference.
  Mr. HUNTER. Madam Chairman, will the gentleman yield?
  Mr. FLAKE. I yield to the gentleman from California.
  Mr. HUNTER. Madam Chairman, I just want to add my thoughts on the B-1 
fleet, the idea that we have been so short of money the last several 
years that we have been like a farmer who has three hay balers and he 
cannot afford to keep all three of them running, so he starts 
cannibalizing parts off one of them just so he can keep the other two 
in operation. That is not the way to run a military, but that is the 
way we have been forced to run part of our B-1 fleet.
  And so the idea was to save money, we would cut down that fleet, 
coming down from the nineties to the sixties, and basically do away 
with those operations of some 30-some aircraft. That would take out of 
operation one of our fine assets, our most recently built bombers 
beyond the few B-2s that we have built, something that has got long-
range capability. In fact, those packages may be utilized in upcoming 
air operations.
  My own thoughts are that it is wise for us to spend the money that it 
takes for the spare parts and the operational support to keep the 
entire B-1 fleet in the air and operational. I think that makes sense. 
I think that is where the gentleman was going with his amendment.
  Mr. FLAKE. I thank the gentleman. Yes, I want a discussion in 
conference and want to make sure that we do not foreclose on any option 
by the administration.
  Mr. HUNTER. Let me just say I would be happy to work with the 
gentleman, with Democrat and Republican Members, and with the 
administration, to try to persuade them that keeping all our bombers in 
the air is the way to go.
  Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from 
California (Mr. Hunter).
  Mr. HUNTER. Madam Chairman, I would like to talk with the gentleman 
from Missouri (Mr. Skelton) who is an expert on the B-2 fleet.
  I still think that most Americans do not realize what we have done 
with that capability, because I just left the buildings in San Diego 
where, during World War II, we built bombers at a rate that was 
remarkable. We built a bomber aircraft per hour. That meant that in 1 
day, in 24 hours, we would build more aircraft than we have in the 
entire B-2 fleet. And in some cases, in missions in Europe and other 
places, we lost more than that many planes in a day. Yet the B-2 fleet, 
because it has the ability to avoid and evade enemy radar and, 
therefore, the ability to penetrate into an enemy's airspace directly 
over target, coupled with precision munitions, where instead of 
dropping a giant payload of hundreds of bombs on a bridge or another 
asset, you send one precision-targeted munition into that one strut on 
that bridge and bring it down, that capability, that precision 
munitions, coupled with stealth that we have with B-2, has made us very 
effective.
  Mr. SKELTON. Madam Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from Missouri.
  Mr. SKELTON. As the gentleman knows, the B-2 fleet from Whiteman Air 
Force Base, which is in west central Missouri, did remarkable work 
during the Kosovo conflict. The precision ammunition that it used was 
the best effort in the history of aerial warfare. In this bill, we are 
working towards smaller precision-type ammunition, bombs, and I think 
that is a major step.
  I also think that, regarding the B-2 fleet, we need certain upgrades 
to make sure that we stay ahead of all the technology so that, even 
more so, they will be stealthy. They are a first-class instrument of 
national defense. The B-2 fleet, as the gentleman knows, is so very, 
very important to our future. We must in our capacity as lawmakers and 
members of this committee make sure that the upgrades that are 
necessary for future technical advancement are bought and paid for.
  On a related item, I might tell the gentleman from California that 
not long ago I was talking with a marine captain who had just 
relinquished his command as a company commander. I was asking him about 
his experience. He, of course, being a marine all the way through, was 
very proud of his service as commander of that company. But he did 
remark, ``We didn't have enough ammunition to train properly.''
  The gentleman from California has done yeoman's work in the area. We 
need, I think, to do more in the area of ammunition. I know full well 
that I join him in that effort.

                              {time}  1430

  Mr. HUNTER. Madam Chairman, I thank the gentleman from Missouri (Mr. 
Skelton); and you know, we are working with the administration right 
now, and I know he joins this effort to try to make sure that this 
package that is being worked up now through the Pentagon includes a lot 
of ammo, not only for Marines but for the Army.
  Mr. SKELTON. Madam Chairman, I reserve the balance of my time.
  Mr. STUMP. Madam Chairman, I yield myself such time as I may consume.
  I want to take this opportunity to thank the gentleman from Missouri 
(Mr. Skelton), the ranking member, for all his help this past year. 
This is our first bill. It has been a joy to work with him. He has been 
the epitome of a gentleman, and I thank the gentleman, my friend, for 
all his hard work. Few people are more diligent when it comes to the 
defense of this country than the gentleman from Missouri (Mr. Skelton), 
and I commend him again.
  I have no further speakers, Madam Chairman.
  The CHAIRMAN. Does the gentleman from Missouri yield time?
  Mr. SKELTON. How much time do I have remaining, Madam Chairman?
  The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 20\1/2\

[[Page 17371]]

minutes. The gentleman from Arizona (Mr. Stump) has 10 minutes.
  Mr. SKELTON. Madam Chairman, I have one additional speaker who has a 
proposed colloquy with me, and I would like to wait a moment for that.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
California (Mr. Cunningham), a member of the Committee on 
Appropriations.
  Mr. CUNNINGHAM. Madam Chairman, the defense bill has been neglected 
for a long period of time, not necessarily by appropriations or even 
authorization, but by the utilization of our Armed Forces without 
replenishing those forces. It has prevented modernization in many 
areas.
  I also serve on the Permanent Select Committee on Intelligence; and 
if we think about the depreciation of our personnel, of our equipment 
and every rock we turn over, whether it is parts, whether it is 
training, whether it is ship repair, there is a deficiency.
  I would like for everyone to think also, because authorization goes 
to appropriations and under the appropriations cycle we fund the 
intelligence committees; but every time we had one of those 124 
deployments, our intelligence agencies were forced to withdraw from 
their budget as well and not modernize both in the HUMINT, ELINT and 
areas in which they need to protect us from terrorism as well as 
national security from other sources.
  I laud the gentlemen on both sides. One of my favorite Members here 
in Congress is the gentleman from Missouri (Mr. Skelton), a direct 
descendant of Daniel Boone; and he believes in defense, as does the 
gentleman from Arizona (Mr. Stump), the chairman, on our side of the 
aisle.
  It is important now that the Nation realize just how far deficient 
that our Armed Forces are and our intelligence service; and if we are 
going to do an adequate job of protecting this country, then this must 
be just a start.
  Mr. SKELTON. Madam Chairman, I would take this opportunity to thank 
my friend, the gentleman from California (Mr. Cunningham) for his very 
kind and generous remarks.
  Madam Chairman, I yield 5 minutes to the gentleman from Massachusetts 
(Mr. Frank).
  Mr. FRANK. Madam Chairman, I appreciate the time from the gentleman 
from Missouri (Mr. Skelton), and I want to pay my deep respects to him 
and to the gentleman from Arizona (Mr. Stump), the Chair, and to the 
others.
  Let me just say parenthetically, I think we here all enormously enjoy 
this job almost all the time, but this is such a grave time that I 
think none of us feel confident that we are fully adequate to these 
terrible decisions and we are all doing our best; and I particularly 
admire those who have the responsibility for national security, 
especially because from what I have learned from our ranking member and 
others, there was a genuine effort to work together.
  We understand that the kind of differences of opinion we have among 
ourselves do not mean a lack of national unity, but we also understand 
the importance of international perception, and we all carry with us a 
commitment to make sure that none of this murderous gang that has 
launched a war on innocent people here get any comfort from our 
debates; and indeed, I think and I understand this, there will be less 
of a debate in this particular bill over one very controversial issue, 
national missile defense, than there might otherwise have been and 
there will be some day.
  While many regret that, I think that is an appropriate choice, and I 
commend the leadership on both sides for acknowledging that because we 
do run the risk that the people who do not understand that democracy is 
a strength and not a weakness might temporarily be emboldened by that. 
So many of us do note that we are supportive of a decision to forgo a 
all-out debate at this point, not because this is not an important 
issue, but because there will be another and better time in which to do 
it.
  I do, however, want to stress one aspect of the missile defense 
question. President Bush has very wide, virtually unanimous support in 
this country in fashioning a response to this terrorism, which is based 
on his recognition that it cannot be done without significant 
international support. Just as a physical fact, given the location of 
Afghanistan, this, given all of the other problems we have with this 
far-flung network of murderous assailants that we confront, 
international cooperation is very important.
  I was particularly struck that former President Bush made a point in 
a speech in Boston about the need for us to disavow any notion any 
might have had that America can go it alone. This reminds people why we 
need the rest of the world.
  One discordant note in this, however, potentially, would be an 
American decision unilaterally to withdraw from the ABM treaty in the 
pursuit of national missile defense. Just as many of us are today 
acquiescing in the decision not to have a full-fledged debate on this 
issue, I hope the administration, in the interest of national unity and 
in the interest of getting that international supportive coalition that 
is so critical to success, will not be on the verge of or threatening 
to abdicate a treaty which is so important.
  Cooperation from Russia and from the former Soviet states, 
Uzbekistan, Tajikistan, Kazakhstan, et cetera, that is very important. 
Cooperation with China is important. It would be, I think, a mistake if 
we were to make it harder to get that necessary multilateral 
cooperation by an excessive unilateral approach to the question of the 
antiballistic missile treaty.
  Just as many of us are deferring our views on the overall issue 
because we do not want anyone outside this country to misunderstand, we 
do not want anyone to misapprehend the degree of unity and 
determination there is here in America, we believe unanimously, almost, 
certainly in this Congress, that we have not only the right, but the 
moral obligation, to use whatever physical force is necessary to pursue 
these murderers, because it is our obligation as the nation of great 
strength, to prevent them from trying striking again and again and 
again.
  But we need to do that with a full respect to our own traditions. We 
need to show our moral as well as our physical superiority. Part of 
that has been correctly understood by the President of the United 
States and by Secretary Powell and others, a multilateral approach.
  So, therefore, I hope very strongly that nothing will be done in the 
area of missile defense in this next few months that would jeopardize 
the important principles of multilateralism, of getting maximum 
cooperation. It cannot be a good policy for us completely to disregard 
the views of others on that one issue, when we are so eager to have 
their cooperation; and we ought to have their cooperation. We are 
asking for something in the world's interests, as well as our own.
  So, again, I want to thank the ranking member, the Chair and others, 
for the example they are setting of cooperation.
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Weldon).
  Mr. WELDON of Pennsylvania. Madam Chairman, I thank the gentleman for 
yielding me time.
  I want to respond to our colleague's comments. The gentleman raises a 
valid point, and I want to acknowledge the fact that many of our 
colleagues who oppose missile defense are working in a very 
constructive way to move forward with this sense of unity; and we 
appreciate that.
  I want to assure the gentleman that we are working together. In fact, 
on Wednesday, a group of us will travel to Moscow. We have been working 
for 2 months quietly behind the scenes with the administration, both 
the Department of Defense, the National Security Council and the White 
House, to put together a major package, the most comprehensive package 
ever, to engage Russia and its people in the area of the environment, 
education, health care, culture, agriculture, across-the-board, with a 
component of that being defense.
  We are very sensitive to the gentleman's comments that we do not want

[[Page 17372]]

to have this become an issue that becomes divisive. I share that 
feeling. Even though we may disagree on missile defense, I share the 
gentleman's sentiments. And I know many of our colleagues, like the 
gentleman from Ohio (Mr. Kucinich) and others, feel the same way.
  So we are using every ounce of energy to reach that compromise to 
work together. There will be members of the minority party on the trip. 
In fact, the gentleman from New York (Mr. Hinchey) has agreed to go, 
the gentleman from Hawaii (Mr. Abercrombie), the gentleman from Texas 
(Mr. Edwards) is looking at going with us.
  We will have constructive discussions. I want to assure our 
colleague, the White House, the Defense Department, and the State 
Department understand the gentleman's comments. We do not want to have 
this become a split between us and Russia, and I want to pledge my 
support to working every possible way I can to make sure that we do 
exactly what the gentleman has asked us to do, and that is not box 
Russia out.
  So I appreciate the gentleman's comments.
  Mr. FRANK. Madam Chairman, will the gentleman yield?
  Mr. WELDON of Pennsylvania. I yield to the gentleman from 
Massachusetts.
  Mr. FRANK. Madam Chairman, given the fact that the gentleman 
acknowledges, yes, this is an area in which we differ, I appreciate 
very much his comments. And I hope that this will be part of the signal 
that we set, that we can maintain legitimate differences within our 
democratic structure without in any way endangering our unity.
  Mr. SKELTON. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, I thank the gentleman from Massachusetts (Mr. Frank), 
for his comments on the need for working together with other countries. 
One of the pole stars of this entire effort against terrorism will be 
that of building a coalition of countries who desire and urge freedom 
for their people. So I thank the gentleman for pointing that out.
  Madam Chairman, I yield 1 minute to the gentleman from Connecticut 
(Mr. Larson).
  Mr. LARSON of Connecticut. Madam Chairman, I want to join with those 
who have come to this floor today to express, first and foremost, the 
heartfelt feelings that all of us on the committee have for the 
extraordinary leadership on this committee, exemplified by the 
gentleman from Arizona (Mr. Stump) and the gentleman from Missouri (Mr. 
Skelton). Truly in this hour of need for our country and throughout 
their service on this committee, they have always put America first.
  The help that I have received in putting forward legislation from 
people like the gentleman from Pennsylvania (Mr. Weldon) and the 
gentleman from California (Mr. Hunter) and working with the gentleman 
from Mississippi (Mr. Taylor) and the gentleman from Hawaii (Mr. 
Abercrombie), makes this committee, makes this Chamber, especially 
during this hour of crisis, that much more significant, that much more 
important. To see the debate that just transpired between two 
colleagues lets the American people know how strong and firm and 
committed we remain.
  Mr. STUMP. Madam Chairman, I yield 1 minute to the gentleman from 
California (Mr. Hunter).
  Mr. HUNTER. Madam Chairman, I just want to mention that with respect 
to the ranking member who was just talking about the need for a 
bilateral policy and working with our allies, obviously that system has 
now been energized, in light of the strike on the United States.
  I think one other aspect of missile defense has been addressed by 
that, because one of the arguments of the Bush Administration to the 
Russians has been that while we did sign the ABM agreement with them 
and we promised not to defend ourselves against incoming missiles and 
they did the same thing with respect to the United States, our argument 
has been that this world is a very dangerous place external to that 
relationship between the Russians and the United States; that there are 
other states out there that would attack the United States that we 
should be worried about and who are developing missiles and developing 
those systems that could harm us.

                              {time}  1445

  I think that this strike on the United States has given a great deal 
of credibility to this message that we have been sending to the 
Russians, that we have not only a real threat, but we have obviously 
the supreme national interest of defending ourselves against that 
threat. I think there is going to be a new tone taken by the Russians 
post-strike.
  Mr. SKELTON. Madam Chairman, I yield such time as she may consume to 
the gentlewoman from California (Ms. Sanchez) for the purposes of a 
colloquy.
  Ms. SANCHEZ. Madam Chairman, I rise to engage the gentleman from 
Missouri (Mr. Skelton), the distinguished ranking member of the 
committee, on an issue that directly impacts my district.
  Mr. SKELTON. Madam Chairman, if the gentlewoman will yield, I would 
be pleased, of course, to engage with the gentlewoman from California 
in a discussion of her concerns.
  Ms. SANCHEZ. Madam Chairman, as a member of the House Committee on 
Armed Services, I wish to bring to the attention of my colleagues and 
the administration a problem that involves a former active military 
facility in my congressional district, the Marine Corps Air Station of 
Tustin.
  Mr. SKELTON. Madam Chairman, I would tell the gentlewoman that I am 
familiar with the facility, which was closed under the auspices of the 
Base Closure and Realignment Commission, also known as BRAC. The 
gentlewoman has discussed the status with me in the past.
  Ms. SANCHEZ. Madam Chairman, as the gentleman from Missouri knows, 
MCAS Tustin was closed along with MCAS El Toro in Orange County, 
California. As in other communities throughout the Nation, the local 
public and their leaders have had to decide how best to use these 
former military installations. In the case of MCAS Tustin, there is 
currently a ``tug of war'' going on in my district about the different 
interests. The city of Tustin wishes to use most of the facility for 
purposes that exclude public benefit conveyances to Santa Ana Unified 
School District and Rancho Santiago Community College District.
  Mr. SKELTON. Madam Chairman, if the gentlewoman will again yield, I 
might say that I am aware of the city of Tustin's base reuse plan and 
that there is currently a dispute between the city of Tustin and the 
school districts, as the gentlewoman mentions. I further understand 
that the Department of the Navy has been meeting with both parties to 
try to encourage a compromise solution to the outstanding issues 
regarding this former base.
  Ms. SANCHEZ. Madam Chairman, that is correct. In short, the city of 
Tustin has not provided for the conveyance of enough appropriate land 
to accommodate the needs of the growing school district populations in 
Santa Ana. The land that the city of Tustin has offered to the school 
districts is contaminated and unusable for purposes of housing 
children. The Department of the Navy has assured me that the resolution 
of the issues surrounding conveyance of this Tustin property for 
educational needs is critical in any conveyance decision, and the Navy 
continues to encourage a local agreement on the issue and feels that 
the lack of an agreement on educational transfers seriously complicates 
and has stopped any Navy decision to convey MCAS Tustin property.
  Mr. SKELTON. Madam Chairman, that is my understanding of the position 
of the Department of the Navy as well. As ranking minority member of 
the committee, I can assure the gentlewoman that the committee would 
take a very dim view of a transfer of land by the Navy before the 
issues that she raises today are resolved.
  Ms. SANCHEZ. Madam Chairman, I thank the gentleman.

[[Page 17373]]


  Mr. McGOVERN. Madam Chairman, I have many concerns about this bill 
and our defense budget, including its overall size, weapons systems, 
and priorities. I have never supported funding for National Missile 
Defense, and I never will. This foolish and expensive program takes 
monies away that would be better spent, in my opinion, to combat 
terrorism, enhance readiness, and support research on battlefield 
medical and other support.
  At the same time, I strongly support the significant increases in 
this authorizations bill for ``quality of life'' improvements for our 
uniformed men and women and their families. H.R. 2586 makes welcome 
advances in providing additional resources for military pay, health 
care, and housing, as well as health care for our military retirees.
  I believe it is important to move this funding forward so that the 
Pentagon and our various defense agencies might rest assured that they 
have the resources they require to respond effectively to our current 
national security crisis.
  I would like to take a moment, however, to talk about a small amount 
of military aid in this bill, small at least relative to the overall 
$343.1 billion authorized in H.R. 2586. But not small in the impact 
these funds will have in the country where they will be used.
  This bill contains a little over $99 million in military aid for 
Colombia. In July, during debate on the foreign operations 
appropriations bill, many of my colleagues claimed that the amendment 
offered by Congressman Hoekstra and myself would eliminate military 
funding for Colombia. We said that was not true--that there were 
additional funds in the DOD bill. We were right.
  President Pastrana recently announced that Colombia should rethink 
the entire approach of the United States-backed Plan Colombia. Indeed, 
as the Push Into Southern Colombia proceeds, President Pastrana 
described how coca fields are shifting from the southern state of 
Putumayo to regions never used before for drug cultivation. The various 
armed factions in Colombia--the guerrilla groups, the paramilitary 
forces and the Armed Forces--are now entering those regions, fighting 
for territorial control and bringing violence and death in their wake. 
And the expanded conflict has brought peace negotiations to a halt.
  Rather than containing coca cultivation and decreasing the level of 
violence in Colombia, our policy is doing the opposite, and drawing 
Colombia and the United States into a wider conflict.
  As we prepare for yet another war against an enemy that can easily 
shift territory and forces, we need to remember that military force 
alone can't win these campaigns.
  Over $340 billion in military aid for the Pentagon alone won't 
guarantee success.
  I support the efforts of president Bush, Secretary of State Powell 
and other members of the administration to create a global, 
multilateral effort to coordinate our diplomatic, economic, judicial, 
law enforcement, and intelligence resources. The United States cannot 
do this alone, and we should not ``go it alone.''
  Increased food aid, development and economic assistance can make a 
significant difference in overcoming the poverty, hunger, ignorance, 
illiteracy, and oppression, which are often the breeding grounds of 
civil unrest, conflict and terrorism.
  And unless the United States is actively engaged in finding just and 
lasting solutions to the many long-standing conflicts around the globe, 
including the Middle East, terrorism will continue to flourish.
  Now, more than ever, we must make serious efforts to advance justice, 
human dignity and the rule of law to every corner of the globe.
  And lest we forget, our national security is grounded in our ability 
to provide our own citizens with quality education, health care, a 
sound infrastructure, economic opportunity, and fundamental civil 
liberties.
  So, while we take up consideration today of this defense bill, I urge 
my colleagues to also support significant new investments in food and 
development aid, in diplomatic resources, and in strengthening our 
domestic and international judicial and law enforcement programs. The 
September 11 terrorist attacks were attacks against our freedoms and 
the prosperity of our nation and our communities. We must ensure both 
continue to advance if we are to genuinely thwart the intent behind 
these evil acts.
  Ms. McKINNEY. Madam Chairman, I have grave concerns about this bill.
  I would first like to say that I hope that reason and common sense 
prevail in any decisions on our Nation's future response to terrorism.
  Madam Chairman, I pray for God's intervention in ensuring the safe 
return of our many young men and women who are now being sent off to 
fight this war against terrorism. They face tremendous dangers and 
uncertain futures and their families will endure many long and 
sleepless nights waiting for their return. We must remember them all 
and acknowledge the great personal sacrifices they are going to have to 
make on our behalf in the coming days.


                     budget increase and comparison

  The passage of H.R. 2586, the National Defense Authorization Act of 
2002, by the House Armed Services Committee represented a near $33 
billion dollar increase from fiscal year 2001, and provides a total of 
$343.3 billion in budget authority to the Department of Defense for 
fiscal year 2002. For the sake of comparison, the House of 
Representatives has passed an appropriation totaling $7.7 billion for 
the Department of State for fiscal year 2002, and the appropriation for 
Foreign Operations was passed by the House at $15.2 billion. The sum of 
these two appropriations--$22.9 billion--representing the amount 
allocated to diplomancy, international aid, and peace by the United 
States, rises only to 70 percent of the defense allocation increase and 
6.7 percent of the entire defense budget.
  With the financial mismanagement that continues to exist within the 
Department of Defense, increases should not be made to many programs 
until a system of financial responsibility is instituted to prevent 
future overspending and fiscal waste and to address the lack of 
accountability.


                            missile defense

  The single largest portion of the budget increase is dedicated to the 
development and proliferation of missile defense systems. It should be 
apparent to us all that ballistic missiles are not our worst threat at 
this time.
  The committee's missile defense program is a carbon copy of the Bush 
administration proposal. It would dramatically increase the missile 
defense budget 57 percent--$3 billion to $8.3 billion. This accelerated 
missile defense program is virtually certain to lead China to increase 
the number of nuclear weapons pointed at United States cities and may 
discourage Russia from making deep cuts in its arsenal. It should be 
apparent be apparent to us all that ballistic missiles are not our 
worst threat at this time. This program has also had seriously 
questionable success in operational tests to date, and functional 
operation of any missile defense is still in doubt.
  Expensive, high-tech weapons are no substitute for effective 
diplomacy, arms control, disarmament, and international cooperation. 
Cooperative international arms control and disarmament agreements will 
be far more effective in advancing peace and security in the years 
ahead and will cost far less than a missile shield.


                           nuclear reductions

  Although both Russia and the United States have ratified START II, 
its implementation has become entangled in contradictory conditions by 
the Russian Duma and the U.S. Senate over the Anti-Ballistic Missile 
(ABM) Treaty. I have been encouraged by President Bush's proposal to 
unilaterally reduce the U.S. strategic arsenal, beginning with the 50 
Peacekeeper (MX) missiles, which contain 500 nuclear warheads.
  Unfortunately, current law prohibits the President from reducing the 
nuclear arsenal, other than through START II ratification. Current law 
also places unnecessary restrictions on the ability of the President to 
de-alert, or take off high-alert status, our nuclear weapons. Currently 
the United States and Russia have over 4,000 nuclear weapons aimed at 
each other--poised to be launched within minutes.
  The committee unfortunately rejected the amendment by Representative 
Tom Allen to remove the restrictions in section 1302. It did allow a 
second, narrower amendment to remove the restrictions on the MX missile 
retirements. However, the committee denied the President the ability to 
negotiate deeper reductions with Russia by defeating the first Allen 
amendment.
  The President, Secretary of Defense Rumsfeld, and the Joint Chiefs of 
Staff have all called for reductions in our strategic arsenal. Yet the 
majority party on our committee continues to cling to these weapons as 
cold war relics.
  I was also disappointed that the committee rejected the amendment by 
Representative Ellen Tauscher that would have de-alerted the nuclear 
weapons in our arsenal that are already slated for retirement. The 
first President Bush de-alerted thousands of nuclear weapons in 1991 as 
the Warsaw Pact disintegrated. The current President Bush has also 
supported the concept of taking nuclear weapons off hair-trigger alert. 
Unfortunately the committee again missed an opportunity to demonstrate 
leadership in reducing the nuclear danger. In light of recent events, I 
think that it would be prudent to de-alert as many

[[Page 17374]]

nuclear missiles, and to retire as many as possible lest they become 
greater targets, or become threats against ourselves.


                       MEDICAL ACCESS AND GENDER

  I regret that the committee did not support changing current law to 
permit service women and female dependents who serve or reside overseas 
to access military hospitals and other facilities for the purpose of 
privately funded abortions. Similar women who serve or reside within 
the United States have constitutionally protected right to access to 
legal and safe facilities that provide abortions. Left with no other 
option than to either seek an abortion in a potentially unsafe, foreign 
medical facility or to forgo an abortion altogether, this legal 
provision is tantamount to gender discrimination and should be changed. 
Not only does this threaten the health of such women, such a policy is 
seemingly unconstitutional, and further, it threatens retention and 
recruitment of soldiers. I urge my colleagues to support efforts to 
correct this discriminatory discrepancy.


                          VIEQUES, PUERTO RICO

  I find it unfortunate that the committee has sought to reduce the 
likelihood of the Navy's departure from the island of Vieques, PR, and 
that the Reyes amendment was defeated. The people of Vieques were 
provided last year with the opportunity to choose their own fate with 
regards to the Navy range, and through a nonbinding referendum on June 
29, 2001, overwhelmingly issued their desire for the Navy to depart 
from their island. The continued bombing erodes the safety, environment 
and economy of this island and its people, and should cease. It is my 
hope that the administration is permitted to proceed with the Navy's 
planned withdrawal from Vieques in 2003, and that the unlikely 
discovery of another ``suitable'' alternate site not be held as 
prerequisite for this departure.


                      domestic use of intelligence

  There have been recent revelations about the use of military 
intelligence for domestic purposes, specifically with respect to the 
surveillance of Dr. Martin Luther King, Jr., and Operation Lantern 
Spike. Evidence of such past activities give rise today to grave 
constitutional issues and concern about civil liberties. The 1975 
report written by the Select Committee to Study Governmental Operations 
with Respect to Intelligence Activities revealed practices ``abhorrent 
in a free society.'' The Church Committee, named after its Chairman, 
Frank Church of Idaho, exposed that in the name of state security and 
program of manipulation, infiltration, surveillance, harassment, 
disruption, and murder was carried out with the consent of those at the 
highest levels of the United States government and against domestic and 
international law.
  Proposals supporting the creation of a National Homeland Security 
Agency raise a specter of the return of the most egregious aspects of 
the domestic program that deprived too many Americans of their 
constitutional rights and in some cases their lives. The military has 
an appropriate role in protecting the United States from foreign 
threats, and should remain dedicated to preparing for those threats. 
Domestic uses of the military have long been prohibited for good 
reason, and the same should continue to apply to all military 
functions, especially any and all military intelligence and 
surveillance.


                 international assistance and programs

  The escalating war on drugs is another problem area for us. Though I 
appreciate a reduction of $4 million from the contributions to Peru for 
counterdrug support, the events surrounding the death of American 
missionary Veronica Bowers and her 7-month old daughter highlight the 
role our Nation and military play in foreign affairs. Though it was 
private CIA contractors who were involved in this specific incident, 
our military resources are being used to train and support foreign 
nations in their efforts to curb drug production and distribution. As 
with the transgressions that resulted from training foreign militaries 
at the School of the Americas, human rights abuses can result from the 
training, arming, and empowerment of developing nations' armed forces. 
Further, we should be cautious that such activity does not draw our 
nation into difficult regional conflicts, and in light of the apparent 
failure of the war on drugs, the entire concept of military-based drug 
interdiction and it's efficacy should be reconsidered.
  As with the continued bombing and overflights of Iraq and other 
operations, I think that now is not the time to be fighting proxy wars 
overseas, making more enemies abroad than we may already have. Now is a 
time to focus on diplomacy abroad and justice and security within, and 
as such, I do not support continued funding and training for civil 
conflicts in Colombia or elsewhere.


                         quality of life issues

  Despite my reservations with this legislation, it includes positive 
aspects that I applaud.
  I would like to commend the committee, and particularly the Personnel 
Subcommittee for the increase in military pay and salaries. This is an 
appropriate step that not only provides our service men and women with 
sufficient compensation, but also achieves two other important goals: 
furthering the profession of the military and the responsibility 
inherent in the changing roles of the armed forces; and enhances the 
retention of service men and women. Similarly, increases in moving 
allowances, housing expenditures, provisions permitting concurrent 
receipt of retired pay and veteran's disability benefits, and efforts 
to protect voting rights of personnel are praiseworthy.
  Much has changed since the committee passed this bill in August. Many 
of the nations that we perceive as a threat will respond to the 
expansion and proliferation of missile defense, the expanding role of 
the military in drug interdiction, and prevention of reductions in 
nuclear missiles. It is uncertain how these nations will respond, but I 
am confident that diplomacy and engagement will have much more positive 
effects on our national security than will an expanding defense budget. 
Similarly, the Department of Defense should be urged to respond to the 
trust that is instilled in it by reforming its financial management, 
reducing the obstruction that has plagued its history, and by eschewing 
involvement in domestic issues. I urge this body to prudently consider 
its role in developing not only national policy, but also international 
relations, and to realize that as the global leader we have a role not 
only in preparing for war, but also in promoting peace.
  Mr. SOUDER. Madam Chairman, I rise in support of this bill at a 
particularly critical time for our Nation. As chairman of the Drug 
Policy Subcommittee and one of the cochairs of the Speaker's Task Force 
for a Drug Free America, however, I wanted to express my desire to work 
with all interested parties with respect to critical counterdrug 
programs.
  My subcommittee and the Speaker's Task Force have watched with some 
concern as significant changes to the Defense Department's counterdrug 
program and organization have been considered. This is an issue which 
deserves careful attention, and I very much appreciate the Armed 
Service's Committee's clear statement of its support for a robust 
counterdrug role for the Department. I also appreciate the committee's 
stated intention to continue to direct careful and continuing attention 
to departmental reorganization initiatives in this area.
  Our counterdrug efforts are interagency efforts that require 
cooperation and coordination from agencies across the Federal 
Government. It is critical that the Defense Department not unilaterally 
withdraw key support in this area or conduct fundamental 
reorganizations without consulting with the Office of National Drug 
Control Policy and other affected Federal agencies. Any policy changes 
in this area must be considered in light of the overall national drug 
control strategy issued by ONDCP.
  I would also like to express my concern about a provision of this 
bill related to the Tethered Aerostat Radar System, or TARS. I intended 
to offer an amendment regarding this provision, but was not able to 
submit it due to the extremely early deadline set by the Rules 
Committee regarding the bill. The TARS system has been an important 
asset to our narcotics interdiction efforts along the southern border 
and the Caribbean and has been operated in cooperation between the 
Department of Defense and the U.S. Customs Service. TARS balloons 
provide a platform for radars to detect incoming aircraft attempting to 
smuggle drugs into the United States.
  The Defense Department has determined that the TARS system is no 
longer needed for national defense purposes, and has now shut down 
virtually all of the aerostats which previously operated in the 
Caribbean and the Gulf of Mexico. However, the Customs Service strongly 
believes, as do I, that these assets remain critical to our drug 
interdiction efforts. The Department and the Customs Service have been 
attempting to reach an agreement to transfer the system completely to 
the Customs Service. Because of the change in administration, those 
discussions have been stalled. The relevant political officials have 
only recently started work at DOD, and we still do not have a confirmed 
Commissioner of Customs.
  This bill contains a provision authorizing the Secretary of Defense 
to transfer the TARS system to the Customs Service, which I support. I 
am concerned, however, that the bill contains a specific deadline of 
the end of the next fiscal year by which the transfer must be completed 
or the system will effectively be shut down. Since Customs Service 
officials have not yet been able to resume discussions with the Defense 
Department on this matter, I do not believe that it is wise either to 
mandate

[[Page 17375]]

a specific date for the resolution of this matter, or to pass 
legislation which would relieve the Defense Department of its 
responsibility to operate this system without providing for a mechanism 
to ensure that the counterdrug mission will continue.
  I ask the committee to consider removing this deadline in the final 
version of the legislation and look forward to working with all 
interested parties to reach an appropriate resolution of this matter.
  Mr. GALLEGLY. Madam Chairman, I rise today to thank both subcommittee 
Chairman McHugh and Chairman Stump for their help in including my 
legislation within the Defense Authorization Act to create a Korea 
Defense Service Medal for those members of the Armed Forces who served, 
and still serve, in Korea.
  Madam Chairman, more than 40,000 members of the United States Armed 
Forces have served on the Korean Peninsula each year since the 
armistice was signed in July 1953. Since then, an estimated 1,200 
service men and women have died as a direct result of their service in 
Korea.
  Service medals are given the veterans who serve in particular regions 
during times of hostility or the threat of hostility. For example, 
those who served in Berlin during the cold war were awarded a service 
medal. Since the Korean armistice was signed, there have been more than 
40,000 breaches of the cease-fire, making it among the more dangerous 
places to serve. However, no campaign medal has been awarded for Korean 
service.
  In light of the current crisis, it is appropriate that we honor the 
thousands of dedicated and brave men and women we have sent, and 
continue to send, to Korea. This recognition is long overdue.
  On another note, I again want to thank Chairman Stump for supporting 
several projects that will upgrade the Navy facilities at Pt. Mugu and 
Port Hueneme, CA. The chairman and his staff have been most helpful and 
his interest in these facilities and the welfare of our service men and 
women is greatly appreciated.
  Mr. BILIRAKIS. Madam Chairman, some military retirees--individuals 
who are eligible for military retirement benefits as a result of a full 
service career--are also eligible for disability compensation from the 
VA based on a medical problem they incurred while in the service. Under 
present law, these service-disabled retirees must surrender a portion 
of their retired pay if they want to receive the disability 
compensation to which they are entitled. Congress enacted this unjust 
law in 1891.
  Think of two soldiers who joined the Army together and were wounded 
in the same battle. Joe left the Army after his 4-year stint and joined 
the Department of Justice as a civilian employee. Jim stayed on and 
made a career in the military.
  Thirty years later, both men are receiving Federal longevity retired 
pay based on their careers. Both are also eligible for VA disability 
compensation as a result of the injuries they sustained while in the 
Army. The difference is that in order to get his disability 
compensation, Jim must forfeit an equal amount of his retired pay, 
while Joe collects the full amount of both benefits without a deduction 
in either.
  Why should the individual who chose a military career be penalized? 
One benefit is based on longevity in a career, the other on an injury 
sustained while in the service. Joe in our example can even receive 
civil service retirement credit for his four years in the military. 
Yet, Jim is branded a ``double dipper.'' This simply is not fair.
  Nationwide, more than 500,000 disabled military retirees must give up 
their retired pay in order to receive their VA disability compensation. 
In effect, they must pay for their VA disability out of their military 
retirement--something no other Federal retiree must do. How can we 
possibly expect to maintain a viable national defense if service 
members realize that if they experience a service-connected disability, 
they cannot receive both VA disability compensation and military 
retired pay?
  The 106th Congress took the first steps toward addressing this 
inequity by authorizing the military to pay a monthly allowance to 
military retirees with severe service-connected disabilities rated by 
the Department of Veterans' Affairs at 70 percent or greater. While 
these special compensation provisions do not correct the long-standing 
inequity of the current offset, they do move us one step closer to 
correcting this injustice once and for all.
  In the beginning of the 107th Congress, I once again introduced H.R. 
303, the Retired Pay Restoration Act, to eliminate the current offset 
between military retired pay and VA disability compensation. I am 
pleased to report that my bill has received strong bipartisan support 
with approximately 370 cosponsors in the House--roughly 85 percent of 
House Members. A Senate companion bill, S. 170, has also received 
strong support with 73 cosponsors.
  I would like to thank Military Personnel Subcommittee Chairman John 
McHugh and full committee Chairman Bob Stump for working with me this 
year to incorporate ``concurrent receipt'' language into H.R. 2586, the 
FY 2002 National Defense Authorization Act.
  I also want to thank Representatives Steve Buyer and Charlie Bass for 
their assistance. They have been stalwart supporters of eliminating the 
current offset.
  H.R. 2586 includes a provision to authorize military retirees to 
receive VA disability compensation concurrently with military retired 
pay. This provision will take effect after the President submits 
legislation in an annual budget request and Congress enacts legislation 
to offset the cost of this initiative. While not perfect, I do believe 
that this language is an important step in our efforts to eliminate the 
offset between military retired pay and VA disability compensation.
  Each of the thousands of disabled military retirees answered when 
America called. Now it's time for America to answer their call.
  I urge colleagues to support H.R. 2586.
  Mr. SAM JOHNSON of Texas. Madam Chairman, as a nation, we have 
unfortunately witnessed firsthand the true threats to our Nation's 
security. It is vital for every Member to support our men and women in 
uniform--and this bill. Right now, our troops are being sent into 
harm's way--to protect us.
  They are being asked to leave their families and defend this country 
against an enemy we do not fully understand, for an amount of time we 
cannot determine. For 8 long years, we neglected our forces.
  For America to win the war against terrorism, our military must have 
the best equipment, the best training, and the best resources 
available.
  Our lives have changed forever, but the role of our military is still 
the same--to protect America. It is time to give them what they need 
now. They deserve our help and support.
  You know, we live in the greatest nation on Earth. And we have a 
President and Commander-in-Chief who believes in our strength and in 
our military's might.
  This bill today reflects that confidence. Rest assured, we can and 
will win this war against freedom.
  Vote for freedom.
  Vote for our men and women in uniform.
  Vote for this bill.
  Mr. ORTIZ. Madam Chairman, I rise in strong support of H.R. 2586, the 
National Defense Authorization Act for Fiscal Year 2002. I want to 
specifically address the provisions in the Act relating to military 
readiness.
  First, I would like to express my appreciation to the Readiness 
Subcommittee leadership and to my colleagues, on both the subcommittee 
and the full committee, for the manner in which the readiness 
provisions of H.R. 2586 were developed this session. I want to express 
my personal thanks to my friend and colleague, Curt Weldon, for the 
extraordinary steps he took while serving as chairman of the Readiness 
Subcommittee to focus attention on the critical readiness issues facing 
our military and the Nation. While we may differ on some policy and 
program objectives, we on the subcommittee were able to get a better 
appreciation of the challenges our military personnel and dedicated 
civilian employees face in trying to do more with less. For their 
effort, we can all be proud. I personally remain concerned about how 
long they will be able to keep up the pace.
  Accepting the budget realities we are facing, the readiness 
provisions in the bill reflect some of the steps I believe are 
necessary, with the dollars available, to make their tasks easier. It 
does not provide all that is needed. I remain perplexed when I reflect 
on the impact that the resource shortages are having on every facet of 
our military. That includes the stability of our dedicated civilian 
employees who are also being asked to remain productive while at the 
same time the Department appears to be trying to take away their jobs. 
I regret that we are unable to do more about the deplorable facilities 
our personnel must use to train and to maintain equipment. There is an 
immediate need for the administration and the Congress to scrub the 
budget to address this serious budget shortfall. I am very concerned 
that what was thought to be a certain commitment of additional funds 
for defense could turn out to be a hollow promise.
  Madam Chairman, I want to make it very clear that I believe that the 
readiness policy provisions in H.R. 2586 represent a step in the right 
direction. We denied several policy modifications requested by the 
Department that would do harm to overall readiness. It is the dollar 
shortfall that raises my concern. I hope that as we continue with the 
passage of this

[[Page 17376]]

bill and go into conference with the Senate, we will continue to search 
for opportunities to increase the resources available for the readiness 
accounts. We cannot afford to fail in this endeavor.
  I hope my colleagues will join me in supporting H.R. 2586.
  Mr. STUMP. Madam Chairman, I would like to submit the following 
letters for the Congressional Record for H.R. 2586, the National 
Defense Authorization Act of 2001.
                                    U.S. House of Representatives,


               Committee on Transportation and Infrastructure,

                                  Washington, DC, August 14, 2001.
     Hon. Bob Stump, Chairman,
     Committee on Armed Services, Washington, DC.
       Dear Mr. Chairman, This letter concerns the jurisdiction 
     interest of the Committee on Transportation and 
     Infrastructure in H.R. 2586, the Department of Defense 
     Authorization Act for Fiscal Year 2002.
       H.R. 2586, as ordered reported by the Committee on Armed 
     Services, contains many provisions over which the Committee 
     on Transportation and Infrastructure has jurisdiction. As in 
     previous bills, these include all sections that affect the 
     pay, benefits, and personnel of the United States Coast Guard 
     and the United States Coast Guard Reserve.
       Our Committee recognizes the importance of H.R. 2586 and 
     the need for this legislation to move expeditiously. While we 
     have a valid claim to jurisdiction over a number of 
     provisions in the bill, including many that affect the United 
     States Coast Guard, I do not intend to request a sequential 
     referral of the bill. This is, of course, conditional on our 
     mutual understanding that nothing in this legislation waives 
     or affects the jurisdiction of the Transportation Committee, 
     that every effort will be made to include any agreements 
     worked out by our staffs as the bill is taken to the Floor, 
     and that a copy of this letter and your response will be 
     included in the Committee Report and as part of the record 
     during consideration of the bill by the House.
       The Committee on Transportation and Infrastructure also 
     requests to be included as conferees on the provisions over 
     which we have jurisdiction.
       Thank you for your cooperation in this matter.
           Sincerely,
                                                        Don Young,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                                  Committee on Armed Services,

                                  Washington, DC, August 29, 2001.
     Hon. Don Young,
     Chairman, Committee on Transportation and Infrastructure,
     U.S. House of Representatives, Washington, DC.
       Dear Mr. Chairman. Thank you for your letter of August 14, 
     2001 regarding H.R. 2586, the National Defense Authorization 
     Act for Fiscal Year 2002.
       I agree that the Committee on Transportation and 
     Infrastructure has valid jurisdictional claims to certain 
     provisions in this important legislation, and I am most 
     appreciative of your decision not to request such a referral 
     in the interest of expediting consideration of the bill. I 
     agree that by foregoing a sequential referral, the Committee 
     on Transportation and Infrastructure is not waiving its 
     jurisdiction. Further, as you requested, this exchange of 
     letters will be included in the Committee report on the bill.
       Thank you for your cooperation in this matter.
           Sincerely,
                                                        Bob Stump,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                     Committee on Education and the Workforce,

                                  Washington, DC, August 28, 2001.
     Hon. Bob Stump,
     Chairman, Committee on Armed Services, Washington, DC.
       Dear Chairman Stump. Thank you for working with me in your 
     development of H.R. 2586, the ``National Defense 
     Authorization Act for Fiscal Year 2002,'' specifically: 1. 
     Section 341, ``Assistance to Local Educational Agencies that 
     Benefit Dependents of Members of the Armed Forces and 
     Department of Defense Civilian Employees'' 2. Section 342, 
     ``Availability of Auxiliary Services of Defense Dependents 
     education system for dependents who are home school 
     students'' 3. Section 343, ``Report regarding Compensation 
     for teachers employed in teaching positions in overseas 
     schools operated by the Department of Defense'' 4. Section 
     509, ``One-year Extension of expiration date for certain 
     force management authorities'' 5. Section 584, 
     ``Clarification of military recruiter access to secondary 
     school directory information about students.''
       As you know, these provisions are within the jurisdiction 
     of the Education and the Workforce Committee. While I do not 
     intend to seek sequential referral of H.R. 2586, the 
     Committee does hold an interest in preserving its future 
     jurisdiction with respect to issues raised in the 
     aforementioned provisions and its jurisdictional prerogatives 
     should the provisions of this bill or any Senate amendments 
     thereto be considered in a conference with the Senate. We 
     would expect to be appointed as conferees on these provisions 
     should be a conference with the Senate arise.
       Again, I thank you for working with me in developing the 
     amendments to H.R. 2586 and look forward to working with you 
     on these issues in the future.
           Sincerely,
                                                     John Boehner,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                                   Committee on the Judiciary,

                                  Washington, DC, August 31, 2001.
     Hon. Bob Stump,
     Chairman, House Committee on Armed Services, U.S. House of 
       Representatives, Washington, DC.
       Dear Bob. Thank you for working with me regarding H.R. 
     2586, the ``National Defense Authorization Act for Fiscal 
     Year 2002,'' which was referred to the Committee on Armed 
     Services. As you know, the Committee on the Judiciary has a 
     jurisdictional interest in this legislation, and I appreciate 
     your acknowledgment of that jurisdictional interest. While 
     the bill would be sequentially referred to the Judiciary 
     Committee, I understand the desire to have this legislation 
     considered expeditiously by the House; therefore, I do not 
     intend to hold a hearing or markup on this legislation.
       In agreeing to waive consideration by our Committee, I 
     would expect you to agree that this procedural route should 
     not be construed to prejudice the Committee on the 
     Judiciary's jurisdictional interest and prerogatives on this 
     or any similar legislation and will not be considered as 
     precedent for consideration of matters of jurisdictional 
     interest to my Committee in the future. The Committee on the 
     Judiciary takes this action with the understanding that the 
     Committee's jurisdiction over the provisions within the 
     Committee's jurisdiction is in no way diminished or altered, 
     and that the Committee's right to the appointment of 
     conferees during any conference on the bill is preserved. I 
     would also expect your support in my request to the Speaker 
     for the appointment of conferees from my Committee with 
     respect to matters within the jurisdiction of my Committee 
     should a conference with the Senate be convened on this or 
     similar legislation.
       Again, thank you for your cooperation on this important 
     matter. I would appreciate your including our exchange of 
     letters in your Committee's report to accompany H.R. 2586.
           Sincerely,
                                      F. James Sensenbrenner, Jr.,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                                  Committee on Armed Services,

                                  Washington, DC, August 31, 2001.
     Hon. F. James Sensenbrenner, Jr.,
     Chairman, Committee on the Judiciary, U.S. House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman. Thank you for your letter of August 31, 
     2001 regarding H.R. 2586, the National Defense Authorization 
     Act for Fiscal Year 2002.
       I agree that the Committee on the Judiciary has valid 
     jurisdictional claims to certain provisions in this important 
     legislation, and I am most appreciative of your decision not 
     to request such a referral in the interest of expediting 
     consideration of the bill. I agree that by foregoing a 
     sequential referral, the Committee on the Judiciary is not 
     waiving its jurisdiction. Further, as you requested, this 
     exchange of letters will be included in the Committee report 
     on the bill.
       Thank you for your cooperation in this matter.
           Sincerely,
                                                        Bob Stump,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                                       Committee on Resources,

                                  Washington, DC, August 31, 2001.
     Hon. Bob Stump,
     Chairman, Committee on the Armed Services, Washington, DC.
       Dear Mr. Chairman. Thank you for an opportunity to review 
     the text of H.R. 2586, the National Defense Authorization Act 
     of 2002, for provisions which are within the jurisdiction of 
     the Committee on Resources. Among these provisions are those 
     dealing with benefits for the National Oceanic and 
     Atmospheric Administration Corps, environmental review, 
     public lands, and territories of the United States.
       Because of the continued cooperation and consideration you 
     have afforded me and my staff in developing these provisions, 
     I will not seek a sequential referral of H.R. 2586 based on 
     their inclusion in the bill. Of course, this waiver is not 
     intended to prejudice any future jurisdictional claims over 
     these provisions or similar language. I also reserve the 
     right to seek to have conferees named from the Committee on 
     Resources on these provisions, should such a conference 
     become necessary.
       Once again, I appreciate working with you and your staff on 
     these matters, and look forward to urging my colleagues to 
     support and pass H.R. 2586.
           Sincerely,
                                                  James V. Hansen,
                                                         Chairman.

[[Page 17377]]

     
                                  ____
                                    U.S. House of Representatives,


                             Committee on Energy and Commerce,

                                Washington, DC, September 4, 2001.
     Hon. Bob Stump,
     Chairman, Committee on Armed Services, U.S. House of 
         Representatives, Washington, DC.
       Dear Chairman Stump. On August 1, 2001, the Committee on 
     Armed Services ordered reported H.R. 2586, the National 
     Defense Authorization Act for Fiscal Year 2002. As ordered 
     reported by the Committee on Armed Services, this legislation 
     contains a number of provisions that fall within the 
     jurisdiction of the Committee on Energy and Commerce. These 
     provisions include the following:
       Section 509--One-year extension of expiration date for 
     certain force management authorities.
       Section 514--Improved disability benefits for certain 
     reserve component members.
       Subtitle A of title 6--Pay and Allowances
       Section 611--One-year extension of certain bonus and 
     special pay authorities for reserve forces.
       Section 612--One-year extension of certain bonus and 
     special pay authorities for nurse officer candidates, 
     registered nurses, and nurse anesthetists.
       Section 2906--Environmental compliance and environmental 
     response requirements.
       Section 3131--Termination date of Office of River 
     Protection, Richland, Washington.
       Section 3132--Organizational modifications for National 
     Nuclear Security Administration.
       Section 3201--Defense Nuclear Facilities Safety Board 
     Authorization.
       I understand that two provisions within my jurisdiction 
     that are in the bill as ordered reported will be deleted in 
     the reported version of H.R. 2586: (1) section 316, 
     concerning the authority of the Department of Defense to 
     accept and store mercury and (2) section 712, listing 
     requirements regarding a Presidential task force. Further, I 
     understand that section 3134, dealing with the disposition of 
     surplus plutonium at the Savannah River Site in Aiken, South 
     Carolina, will be modified to make clear that it only deals 
     with military surplus plutonium, and therefore will not fall 
     within my committee's jurisdiction.
       Recognizing your interest in bringing this legislation 
     before the House expeditiously, the Committee on Energy and 
     Commerce agrees not to seek a sequential referral of the bill 
     based on the provisions listed above. By agreeing not to seek 
     a sequential referral, the Committee on Energy and Commerce 
     does not waive its jurisdiction over these provisions or any 
     other provisions of the bill that may fall within its 
     jurisdiction. In addition, the Committee on Energy and 
     Commerce reserves its right to seek conferees on any 
     provisions within its jurisdiction which are considered in 
     the House-Senate conference, and asks for your support in 
     being accorded such conferees.
       I request you include this letter as part of the report on 
     H.R. 2586 and as part of the Record during consideration of 
     this bill by the House.
           Sincerely,
                                            W.J. ``Billy'' Tauzin,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                               Committee on Government Reform,

                                Washington, DC, September 5, 2001.
     Hon. Bob Stump,
     Chairman,
     Committee on Armed Services, Washington, DC.
       Dear Mr. Chairman: The Committee on Government Reform has 
     decided not to assert its jurisdiction over the following 
     provisions of H.R. 2586, the National Defense Authorization 
     Act for Fiscal Year 2002, that fall within the Committee's 
     jurisdiction.
       Title III--Operation and Maintenance
       Section 333. Continuation of contractor manpower reporting 
     system in Department of the Army.
       Title V--Military Personnel Policy
       Section 519. Use of military leave for funeral honors duty 
     by Reserve members and National Guardsmen.
       Section 588. Payment of FEHBP premiums for certain 
     Reservists called to active duty in support of contingency 
     operations.
       Title VIII--Acquisition Policy, Acquisition Management, and 
     Related Matters.
       Section 803. Two-year extension of program applying 
     simplified procedures to certain commercial items.
       Section 811 through 819. Erroneous Payment Recovery.
       Title X--General Provisions
       Section 1041. Limited access to sensitive unclassified 
     information for administrative support contractors.
       Title XI--Civilian Personnel
       Section 1101. Undergraduate training program for employees 
     of the National Imagery and Mapping Agency.
       Section 1103. Payment of expenses to obtain professional 
     credentials.
       Section 1104. Retirement portability elections for certain 
     Department of Defense and Coast Guard employees.
       Section 1105. Removal of requirement that granting civil 
     service compensatory time be based on amount of irregular 
     occasional overtime work.
       Section 1106. Applicability of certain laws to certain 
     individuals assigned to work in the Federal Government.
       Section 1107. Limitation on premium pay.
       Section 1108. Use of common occupational and health 
     standards as a basis for differential payments made as a 
     consequence of exposure to asbestos.
       Section 1110. ``Monroney amendment'' restored to its prior 
     form.
       Title XXXII--Defense Nuclear Facilities Safety Board
       Section 3132. Organizational modifications for National 
     Nuclear Security Administration.
       As you know, House Rule X, Establishment and Jurisdiction 
     of Standing Committees, grants the Committee on Government 
     Reform wide jurisdiction over government management issues 
     including matters related to Federal civil service, 
     procurement policy, and property disposal. The Committee's 
     decision not to exercise its jurisdiction for these 
     provisions is not intended or designed to limit our 
     jurisdiction over any future consideration of related 
     matters. I also intend to request that I be appointed as a 
     conferee on all of the sections of the bill that fall within 
     the jurisdiction of the Committee on Government Reform.
       Mr. Chairman, we appreciate your consultation with the 
     Government Reform Committee on these matters.
           Sincerely,
                                                       Dan Burton,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                         Committee on International Relations,

                                Washington, DC, September 6, 2001.
     Hon. Bob Stump,
     Chairman, Committee on Armed Services, Washington, DC.
       Dear Mr. Chairman. I understand that on Wednesday, August 
     1, 2001, the Committee on Armed Services ordered favorably 
     reported H.R. 2586, the National Defense Authorization Act 
     for Fiscal Year 2002. The bill includes a number of 
     provisions that fall within the legislative jurisdiction of 
     the Committee on International Relations pursuant to Rule 
     X(1)(j) of the House of Representatives.
       The specific provisions within our committee's jurisdiction 
     are: (1) Section 1011, Revision in Types of Excess Naval 
     Vessels for Which Approval by Law is Required for Disposal to 
     Foreign Countries; (2) Section 1045, Sense of Congress on the 
     Importance of the Kwajalein Missile Range/Ronald Reagan 
     Defense Initiative Test Site at Kwajalein Atoll; (3) Section 
     1201, Clarification of Authority to Furnish Nuclear Test 
     Monitoring Equipment to Foreign Governments; (4) Section 
     1202, Acquisition of Logistical Support for Security Forces; 
     (5) Section 1203, Report on the Sale and Transfer of Military 
     Hardware, Expertise, and Technology from States of the Former 
     Soviet Union to the People's Republic of China; (6) Section 
     1205, Extension of Authority to Provide Assistance Under 
     Weapons of Mass Destruction Act for Support of United 
     Nations-Sponsored Efforts to Inspect and Monitor Iraqi 
     Weapons Activities; (7) Section 1206, Repeal of Requirement 
     for Reporting to Congress on Military Deployments to Haiti; 
     (8) Section 1207, Report by Comptroller General on Provision 
     of Defense Articles, Services, and Military Education and 
     Training to Foreign Countries and International 
     Organizations; and (9) Title XIII, Cooperative Threat 
     Reduction with States of the Former Soviet Union.
       Pursuant to Chairman Dreier's expected announcement that 
     the Committee on Rules will move expeditiously to consider a 
     rule for H.R. 2586 and your desire to have the bill 
     considered on the House floor next week, the Committee on 
     International Relations will not seek a sequential referral 
     of the bill as a result of including these provisions, 
     without waiving or ceding now or in the future this 
     committee's jurisdiction over the provisions in question. I 
     believe, however, that certain of these provisions, 
     particularly sections 1011 and 1045, require additional 
     refinement, and I look forward to working with you as H.R. 
     2586 moves through the legislative process to make any 
     appropriate changes to these provisions. I will seek to have 
     conferees appointed for these provisions during any House-
     Senate conference committee.
       Although this letter was not included in the report 
     accompanying H.R. 2586, I intend to publish this letter in 
     the Congressional Record and make it part of the record 
     during consideration of the bill by the House of 
     Representatives.
       With best wishes,
           Sincerely,
                                                    Henry J. Hyde,
                                                         Chairman.
  Mr. SKELTON. Madam Chairman, I yield back the balance of my time.
  Mr. STUMP. Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for the general debate has expired.
  Pursuant to the order of the House of Wednesday, September 19, 2001, 
the committee amendment in the nature of a substitute printed in the 
bill is considered as an original bill for the purpose of amendment and 
is considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

[[Page 17378]]



                               H.R. 2586

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Defense 
     Authorization Act for Fiscal Year 2002''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into three divisions 
     as follows:
       (1) Division A--Department of Defense Authorizations.
       (2) Division B--Military Construction Authorizations.
       (3) Division C--Department of Energy National Security 
     Authorizations and Other Authorizations.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health programs.

                       Subtitle B--Army Programs

Sec. 111. Extension of multiyear contract for Family of Medium Tactical 
              Vehicles.
Sec. 112. Repeal of limitations on bunker defeat munitions program.

                     Subtitle C--Air Force Programs

Sec. 121. Responsibility of Air Force for contracts for all defense 
              space launches.
Sec. 122. Multi-year procurement of C-17 aircraft.

               Subtitle D--Chemical Munitions Destruction

Sec. 141. Destruction of existing stockpile of lethal chemical agents 
              and munitions.

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

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Cooperative Department of Defense-Department of Veterans 
              Affairs medical research program.
Sec. 212. Advanced Land Attack Missile program.
Sec. 213. Collaborative program for development of advanced radar 
              systems for naval applications.

                 Subtitle C--Ballistic Missile Defense

Sec. 231. Transfer of responsibility for procurement for missile 
              defense programs from Ballistic Missile Defense 
              Organization to military departments.
Sec. 232. Repeal of program element requirements for ballistic missile 
              defense programs.
Sec. 233. Support of ballistic missile defense activities of the 
              Department of Defense by the national defense 
              laboratories of the Department of Energy.
Sec. 234. Missile defense testing initiative.
Sec. 235. Missile Defense System Test Bed Facilities.

                       Subtitle D--Other Matters

Sec. 241. Establishment of unmanned aerial vehicle joint operational 
              test bed system.
Sec. 242. Demonstration project to increase small business and 
              university participation in Office of Naval Research 
              efforts to extend benefits of science and technology 
              research to fleet.
Sec. 243. Management responsibility for Navy mine countermeasures 
              programs.
Sec. 244. Program to accelerate the introduction of innovative 
              technology in defense acquisition programs.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

                  Subtitle B--Environmental Provisions

Sec. 311. Inventory of explosive risk sites at former military ranges.
Sec. 312. National security impact statements.
Sec. 313. Reimbursement for certain costs in connection with Hooper 
              Sands site, South Berwick, Maine.
Sec. 314. River mitigation studies.
Sec. 315. Elimination of annual report on contractor reimbursement for 
              costs of environmental response actions.

  Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

Sec. 321. Reserve component commissary benefits.
Sec. 322. Reimbursement for noncommissary use of commissary facilities.
Sec. 323. Civil recovery for nonappropriated fund instrumentality costs 
              related to shoplifting.

                 Subtitle D--Workforce and Depot Issues

Sec. 331. Fiscal year 2002 limitations on workforce reviews.
Sec. 332. Applicability of core logistics capability requirements to 
              nuclear aircraft carriers.
Sec. 333. Continuation of contractor manpower reporting system in 
              Department of the Army.
Sec. 334. Limitation on expansion of Wholesale Logistics Modernization 
              Program.
Sec. 335. Pilot project for exclusion of certain expenditures from 
              limitation on private sector performance of depot-level 
              maintenance.
Sec. 336. Protections for purchasers of articles and services 
              manufactured or performed by working-capital funded 
              industrial facilities of the Department of Defense.

                Subtitle E--Defense Dependents Education

Sec. 341. Assistance to local educational agencies that benefit 
              dependents of members of the Armed Forces and Department 
              of Defense civilian employees.
Sec. 342. Availability of auxiliary services of defense dependents' 
              education system for dependents who are home school 
              students.
Sec. 343. Report regarding compensation for teachers employed in 
              teaching positions in overseas schools operated by the 
              Department of Defense.

                       Subtitle F--Other Matters

Sec. 351. Availability of excess defense personal property to support 
              Department of Veterans Affairs initiative to assist 
              homeless veterans.
Sec. 352. Continuation of limitations on implementation of Navy-Marine 
              Corps Intranet contract.
Sec. 353. Completion and evaluation of current demonstration programs 
              to improve quality of personal property shipments of 
              members.
Sec. 354. Expansion of entities eligible for loan, gift, and exchange 
              of documents, historical artifacts, and obsolete combat 
              materiel.

                 Subtitle G--Service Contracting Reform

Sec. 361. Short title.
Sec. 362. Required cost savings level for change of function to 
              contractor performance.
Sec. 363. Applicability of study and reporting requirements to new 
              commercial or industrial type functions.
Sec. 364. Repeal of waiver for small functions.
Sec. 365. Requirement for equity in public-private competitions.
Sec. 366. Reporting requirements regarding Department of Defense's 
              service contractor workforce.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
              reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of Reserve personnel serving on active 
              duty or full-time National Guard duty in certain grades 
              for administration of Reserve components.

       Subtitle C--Other Matters Relating to Personnel Strengths

Sec. 421. Increase in percentage by which active component end 
              strengths for any fiscal year may be increased.
Sec. 422. Active duty end strength exemption for National Guard and 
              reserve personnel performing funeral honors functions.
Sec. 423. Increase in authorized strengths for Air Force officers on 
              active duty in the grade of major.

              Subtitle D--Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

          Subtitle A--General Personnel Management Authorities

Sec. 501. Enhanced flexibility for management of senior general and 
              flag officer positions.
Sec. 502. Original appointments in regular grades for Academy graduates 
              and certain other new officers.
Sec. 503. Temporary reduction of time-in-grade requirement for 
              eligibility for promotion for certain active-duty list 
              officers in grades of first lieutenant and lieutenant 
              (junior grade).
Sec. 504. Increase in senior enlisted active duty grade limit for Navy, 
              Marine Corps, and Air Force.

[[Page 17379]]

Sec. 505. Authority for limited extension of medical deferment of 
              mandatory retirement or separation.
Sec. 506. Authority for limited extension on active duty of members 
              subject to mandatory retirement or separation.
Sec. 507. Clarification of disability severance pay computation.
Sec. 508. Officer in charge of United States Navy Band.
Sec. 509. One-year extension of expiration date for certain force 
              management authorities.

             Subtitle B--Reserve Component Personnel Policy

Sec. 511. Placement on active-duty list of certain reserve officers on 
              active duty for a period of three years or less.
Sec. 512. Expanded application of Reserve special selection boards.
Sec. 513. Exception to baccalaureate degree requirement for appointment 
              of reserve officers to grades above first lieutenant.
Sec. 514. Improved disability benefits for certain reserve component 
              members.
Sec. 515. Time-in-grade requirement for reserve component officers with 
              a nonservice connected disability.
Sec. 516. Reserve members considered to be deployed for purposes of 
              personnel tempo management.
Sec. 517. Funeral honors duty performed by Reserve and Guard members to 
              be treated as inactive-duty training for certain 
              purposes.
Sec. 518. Members of the National Guard performing funeral honors duty 
              while in non-Federal status.
Sec. 519. Use of military leave for funeral honors duty by Reserve 
              members and National Guardsmen.

 Subtitle C--Joint Specialty Officers and Joint Professional Military 
                               Education

Sec. 521. Nominations for joint specialty.
Sec. 522. Joint duty credit.
Sec. 523. Retroactive joint service credit for duty in certain joint 
              task forces.
Sec. 524. Revision to annual report on joint officer management.
Sec. 525. Requirement for selection for joint specialty before 
              promotion to general or flag officer grade.
Sec. 526. Independent study of joint officer management and joint 
              professional military education reforms.
Sec. 527. Professional development education.
Sec. 528. Authority for National Defense University to enroll certain 
              private sector civilians.
Sec. 529. Continuation of reserve component professional military 
              education test.

              Subtitle D--Military Education and Training

Sec. 531. Defense Language Institute Foreign Language Center.
Sec. 532. Authority for the Marine Corps University to award degree of 
              master of strategic studies.
Sec. 533. Increase in number of foreign students authorized to be 
              admitted to the service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or 
              midshipman in Senior Reserve Officer Training Corps 
              scholarship programs.
Sec. 535. Active duty participation as a cadet or midshipman in Senior 
              ROTC advanced training.
Sec. 536. Authority to modify the service obligation of certain ROTC 
              cadets in military junior colleges receiving financial 
              assistance.
Sec. 537. Modification of nurse officer candidate accession program 
              restriction on students attending educational 
              institutions with Senior Reserve Officers' Training 
              programs.
Sec. 538. Repeal of limitation on number of Junior Reserve Officers' 
              Training Corps (JROTC) units.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the Chaplain for the Corps of Cadets, 
              United States Military Academy.

           Subtitle E--Decorations, Awards, and Commendations

Sec. 541. Authority for award of the medal of honor to Humbert R. 
              Versace for valor during the Vietnam War.
Sec. 542. Review regarding award of medal of honor to certain Jewish 
              American and Hispanic American war veterans.
Sec. 543. Authority to issue duplicate medal of honor.
Sec. 544. Authority to replace stolen military decorations.
Sec. 545. Waiver of time limitations for award of Navy Distinguished 
              Flying Cross to certain persons.
Sec. 546. Korea Defense Service medal.
Sec. 547. Cold War Service medal.
Sec. 548. Option to convert award of Armed Forces Expeditionary Medal 
              awarded for Operation Frequent Wind to Vietnam Service 
              Medal.

                 Subtitle F--Matters Relating to Voting

Sec. 551. Voting assessments and assistance for members of the 
              uniformed services.
Sec. 552. Electronic voting demonstration project.

  Subtitle G--Matters Relating to Military Spouses and Family Members

Sec. 561. Improved financial and other assistance to military spouses 
              for job training and education.
Sec. 562. Authority to conduct surveys of dependents and survivors of 
              military retirees.
Sec. 563. Clarification of treatment of classified information 
              concerning persons in a missing status.
Sec. 564. Transportation to annual meeting of next-of-kin of persons 
              unaccounted for from conflicts after World War II.
Sec. 565. Amendments to charter of Defense Task Force on Domestic 
              Violence.

             Subtitle H--Military Justice and Legal Matters

Sec. 571. Requirement that courts-martial consist of not less than 12 
              members in capital cases.
Sec. 572. Right of convicted accused to request sentencing by military 
              judge.
Sec. 573. Codification of requirement for regulations for delivery of 
              military personnel to civil authorities when charged with 
              certain offenses
Sec. 574. Authority to accept voluntary legal services for members of 
              the Armed Forces.

                       Subtitle I--Other Matters

Sec. 581. Shipment of privately owned vehicles when making permanent 
              change of station moves within United States.
Sec. 582. Payment of vehicle storage costs in advance.
Sec. 583. Permanent authority for use of military recruiting funds for 
              certain expenses at Department of Defense recruiting 
              functions.
Sec. 584. Clarification of military recruiter access to secondary 
              school directory information about students.
Sec. 585. Repeal of requirement for final Comptroller General report 
              relating to Army end strength allocations.
Sec. 586. Posthumous Army commission in the grade of captain in the 
              Chaplains Corps to Ella E. Gibson for service as chaplain 
              of the First Wisconsin Heavy Artillery regiment during 
              the Civil War.
Sec. 587. National Guard Challenge Program.
Sec. 588. Payment of FEHBP premiums for certain Reservists called to 
              active duty in support of contingency operations.
Sec. 589. 18-month enlistment pilot program.
Sec. 590. Per diem allowance for lengthy or numerous deployments.
Sec. 591. Congressional review period for change in ground combat 
              exclusion policy.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers with 
              prior service as an enlisted member or warrant officer.
Sec. 603. Subsistence allowances.
Sec. 604. Eligibility for basic allowance for housing while between 
              permanent duty stations.
Sec. 605. Uniform allowance for officers.
Sec. 606. Family separation allowance for certain members electing to 
              serve unaccompanied tour of duty.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
              authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
              authorities for nurse officer candidates, registered 
              nurses, and nurse anesthetists.
Sec. 613. One-year extension of other bonus and special pay 
              authorities.
Sec. 614. Conforming accession bonus for dental officers authority with 
              authorities for other special pay and bonuses.
Sec. 615. Additional type of duty resulting in eligibility for 
              hazardous duty incentive pay.
Sec. 616. Equal treatment of reservists performing inactive-duty 
              training for receipt of aviation career incentive pay.
Sec. 617. Secretarial discretion in prescribing submarine duty 
              incentive pay rates.
Sec. 618. Imposition of critical wartime skill requirement for 
              eligibility for Individual Ready Reserve bonus.
Sec. 619. Installment payment authority for 15-year career status 
              bonus.
Sec. 620. Accession bonus for new officers.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Minimum per diem rate for travel and transportation allowance 
              for travel performed upon a change of permanent station 
              and certain other travel.
Sec. 632. Payment or reimbursement of temporary subsistence expenses.
Sec. 633. Increased weight allowance for transportation of baggage and 
              household effects for junior enlisted members.

[[Page 17380]]

Sec. 634. Reimbursement of members for mandatory pet quarantine fees 
              for household pets.
Sec. 635. Availability of dislocation allowance for married member, 
              whose spouse is a member, assigned to military family 
              housing.
Sec. 636. Elimination of prohibition on receipt of dislocation 
              allowance by members ordered to first duty station.
Sec. 637. Partial dislocation allowance authorized for housing moves 
              ordered for Government convenience.
Sec. 638. Allowances for travel performed in connection with members 
              taking authorized leave between consecutive overseas 
              tours.
Sec. 639. Funded student travel as part of school-sponsored exchange 
              programs.

          Subtitle D--Retirement and Survivor Benefit Matters

Sec. 641. Contingent authority for concurrent receipt of military 
              retired pay and veterans' disability compensation.

                       Subtitle E--Other Matters

Sec. 651. Funeral honors duty allowance for retired members.

                   TITLE VII--HEALTH CARE PROVISIONS

                      Subtitle A--TRICARE Program

Sec. 701. Implementing cost-effective payment rates under the TRICARE 
              program.
Sec. 702. Waiver of nonavailability statement or preauthorization 
              requirement.
Sec. 703. Improvements in administration of the TRICARE program.
Sec. 704. Sub-acute and long-term care program reform.
Sec. 705. Reimbursement of travel expenses of a parent, guardian, or 
              responsible family member of a minor covered beneficiary.

                       Subtitle B--Other Matters

Sec. 711. Prohibition against requiring military retirees to receive 
              health care solely through the Department of Defense.
Sec. 712. Trauma and medical care pilot program.
Sec. 713. Enhancement of medical product development.
Sec. 714. Repeal of obsolete report requirement.
Sec. 715. Clarifications and improvements regarding the Department of 
              Defense Medicare-Eligible Retiree Health Care Fund.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Acquisition milestones.
Sec. 802. Acquisition workforce qualifications.
Sec. 803. Two-year extension of program applying simplified procedures 
              to certain commercial items.
Sec. 804. Contracts for services to be performed outside the United 
              States.
Sec. 805. Codification and modification of ``Berry Amendment'' 
              requirements.

                Subtitle B--Erroneous Payments Recovery

Sec. 811. Short title.
Sec. 812. Identification of errors made by executive agencies in 
              payments to contractors and recovery of amounts 
              erroneously paid.
Sec. 813. Disposition of recovered funds.
Sec. 814. Sources of recovery services.
Sec. 815. Management improvement programs.
Sec. 816. Reports.
Sec. 817. Relationship to authority of inspectors general.
Sec. 818. Privacy protections.
Sec. 819. Definition.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Further reductions in defense acquisition and support 
              workforce.
Sec. 902. Sense of Congress on establishment of an Office of 
              Transformation in the Department of Defense.
Sec. 903. Revised joint report on establishment of national 
              collaborative information analysis capability.
Sec. 904. Elimination of triennial report by Chairman of the Joint 
              Chiefs of Staff on roles and missions of the Armed 
              Forces.
Sec. 905. Repeal of requirement for semiannual reports through March 
              2003 on activities of Joint Requirements Oversight 
              Council.
Sec. 906. Correction of references to Air Mobility Command.
Sec. 907. Organizational alignment change for Director for 
              Expeditionary Warfare.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Limitation on funds for Bosnia and Kosovo peacekeeping 
              operations for fiscal year 2002.
Sec. 1004. Increase in limitations on administrative authority of the 
              Navy to settle admiralty claims.

                       Subtitle B--Naval Vessels

Sec. 1011. Revision in types of excess naval vessels for which approval 
              by law is required for disposal to foreign nations.

                  Subtitle C--Counter-Drug Activities

Sec. 1021. Extension of reporting requirement regarding Department of 
              Defense expenditures to support foreign counter-drug 
              activities.
Sec. 1022. Authority to transfer Tracker aircraft currently used by 
              Armed Forces for counter-drug purposes.
Sec. 1023. Authority to transfer Tethered Aerostat Radar System 
              currently used by Armed Forces for counter-drug purposes.

                          Subtitle D--Reports

Sec. 1031. Requirement that Department of Defense reports to Congress 
              be accompanied by electronic version.
Sec. 1032. Report on Department of Defense role in homeland security 
              matters.
Sec. 1033. Revision of annual report to Congress on National Guard and 
              reserve component equipment.

                       Subtitle E--Other Matters

Sec. 1041. Department of Defense gift authorities.
Sec. 1042. Termination of referendum requirement regarding continuation 
              of military training on island of Vieques, Puerto Rico, 
              and imposition of additional conditions on closure of 
              live-fire training range.
Sec. 1043. Repeal of limitation on reductions in Peacekeeper ICBM 
              missiles.
Sec. 1044. Sense of the Congress on the importance of the Kwajalein 
              Missile Range/Ronald Reagan Defense Initiative Test Site 
              at Kwajalein Atoll.
Sec. 1045. Transfer of Vietnam era F-4 aircraft to nonprofit museum.
Sec. 1046. Bomber force structure.
Sec. 1047. Technical and clerical amendments.

                      TITLE XI--CIVILIAN PERSONNEL

Sec. 1101. Undergraduate training program for employees of the National 
              Imagery and Mapping Agency.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Payment of expenses to obtain professional credentials.
Sec. 1104. Retirement portability elections for certain Department of 
              Defense and Coast Guard employees.
Sec. 1105. Removal of requirement that granting civil service 
              compensatory time be based on amount of irregular or 
              occasional overtime work.
Sec. 1106. Applicability of certain laws to certain individuals 
              assigned to work in the Federal Government.
Sec. 1107. Limitation on premium pay.
Sec. 1108. Use of common occupational and health standards as a basis 
              for differential payments made as a consequence of 
              exposure to asbestos.
Sec. 1109. Authority for designated civilian employees abroad to act as 
              a notary.
Sec. 1110. ``Monroney amendment'' restored to its prior form.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Sec. 1201. Clarification of authority to furnish nuclear test 
              monitoring equipment to foreign governments.
Sec. 1202. Acquisition of logistical support for security forces.
Sec. 1203. Report on the sale and transfer of military hardware, 
              expertise, and technology from States of the former 
              Soviet Union to the People's Republic of China.
Sec. 1204. Limitation on funding for Joint Data Exchange Center.
Sec. 1205. Extension of authority to provide assistance under Weapons 
              of Mass Destruction Act for support of United Nations-
              sponsored efforts to inspect and monitor Iraqi weapons 
              activities.
Sec. 1206. Repeal of requirement for reporting to Congress on military 
              deployments to Haiti.
Sec. 1207. Report by Comptroller General on provision of defense 
              articles, services, and military education and training 
              to foreign countries and international organizations.
Sec. 1208. Limitation on number of military personnel in Colombia.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of 
              reports.
Sec. 1304. Report on use of revenue generated by activities carried out 
              under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile 
              material storage facility.
Sec. 1306. Prohibition against use of funds for construction or 
              refurbishment of certain fossil fuel energy plants.
Sec. 1307. Reports on activities and assistance under Cooperative 
              Threat Reduction programs.
Sec. 1308. Report on responsibility for carrying out Cooperative Threat 
              Reduction programs.
Sec. 1309. Chemical weapons destruction.

[[Page 17381]]

                TITLE XIV--DEFENSE SPACE REORGANIZATION

Sec. 1401. Short title.
Sec. 1402. Authority to establish position of Under Secretary of 
              Defense for Space, Intelligence, and Information.
Sec. 1403. Authority to designate Under Secretary of the Air Force as 
              acquisition executive for space of the Department of 
              Defense.
Sec. 1404. Major force program category for space programs.
Sec. 1405. Comptroller General assessment of implementation of 
              recommendations of Space Commission.
Sec. 1406. Commander of Air Force Space Command.
Sec. 1407. Authority to establish separate career field in the Air 
              Force for space.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title; definition.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2001 projects.

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of Appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
              2000 project.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 
              2001 project.

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized defense agencies construction and land 
              acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 
              2001 project.
Sec. 2405. Modification of authority to carry out certain fiscal year 
              2000 projects.
Sec. 2406. Modification of authority to carry out certain fiscal year 
              1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal year 
              1995 project.
Sec. 2408. Prohibition on expenditures to develop forward operating 
              location on Aruba for United States Southern Command 
              counter-drug detection and monitoring flights.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

                TITLE XXVI--GUARD AND RESERVE FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
              acquisition projects.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1999 
              projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998 
              projects.
Sec. 2704. Effective date.

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Increase in certain unspecified minor military construction 
              project thresholds.
Sec. 2802. Exclusion of unforeseen environmental hazard remediation 
              from limitation on authorized cost variations.
Sec. 2803. Repeal of annual reporting requirement on military 
              construction and military family housing activities.
Sec. 2804. Permanent authorization for alternative authority for 
              acquisition and improvement of military housing.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Use of military installations for certain recreational 
              activities.
Sec. 2812. Base efficiency project at Brooks Air Force Base, Texas.

            Subtitle C--Defense Base Closure and Realignment

Sec. 2821. Lease back of base closure property.

                      Subtitle D--Land Conveyances

                        Part I--Army Conveyances

Sec. 2831. Modification of land exchange, Rock Island Arsenal, 
              Illinois.
Sec. 2832. Modification of land conveyances, Fort Dix, New Jersey.
Sec. 2833. Lease authority, Fort DeRussy, Hawaii.
Sec. 2834. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2835. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, 
              Anchorage, Alaska.

                       Part II--Navy Conveyances

Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, 
              Humboldt County, California.
Sec. 2842. Land conveyance, Naval Weapons Industrial Reserve Plant, 
              Toledo, Ohio.
Sec. 2843. Modification of authority for conveyance of Naval Computer 
              and Telecommunications Station, Cutler, Maine.
Sec. 2844. Modification of land conveyance, former United States Marine 
              Corps Air Station, Eagle Mountain Lake, Texas.
Sec. 2845. Land transfer and conveyance, Naval Security Group Activity, 
              Winter Harbor, Maine.

                    Part III--Air Force Conveyances

Sec. 2851. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, 
              Colorado.

                       Subtitle E--Other Matters

Sec. 2861. Transfer of jurisdiction for development of Armed Forces 
              recreation facility, Park City, Utah.
Sec. 2862. Selection of site for United States Air Force Memorial and 
              related land transfers for the improvement of Arlington 
              National Cemetery, Virginia.
Sec. 2863. Management of the Presidio of San Francisco.
Sec. 2864. Effect of limitation on construction of roads or highways, 
              Marine Corps Base, Camp Pendleton, California.
Sec. 2865. Establishment of World War II memorial at additional 
              location on Guam.

            TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL

Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands for National Training 
              Center.
Sec. 2903. Map and legal description.
Sec. 2904. Management of withdrawn and reserved lands.
Sec. 2905. Water rights.
Sec. 2906. Environmental compliance and environmental response 
              requirements.
Sec. 2907. West Mojave Coordinated Management Plan.
Sec. 2908. Release of wilderness study areas.
Sec. 2909. Training activity separation from utility corridors.
Sec. 2910. Duration of withdrawal and reservation.
Sec. 2911. Extension of initial withdrawal and reservation.
Sec. 2912. Termination and relinquishment.
Sec. 2913. Delegation of authority.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.

                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
              activities.
Sec. 3127. Funds available for all national security programs of the 
              Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds at field 
              offices of the Department of Energy.
Sec. 3130. Transfers of weapons activities funds at national security 
              laboratories and nuclear weapons production facilities.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Termination date of Office of River Protection, Richland, 
              Washington.

[[Page 17382]]

Sec. 3132. Organizational modifications for National Nuclear Security 
              Administration.
Sec. 3133. Consolidation of Nuclear Cities Initiative program with 
              Initiatives for Proliferation Prevention program.
Sec. 3134. Disposition of surplus defense plutonium at Savannah River 
              Site, Aiken, South Carolina.
Sec. 3135. Support for public education in the vicinity of Los Alamos 
              National Laboratory, New Mexico.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of obsolete and excess materials contained in 
              national defense stockpile.
Sec. 3304. Expedited implementation of authority to dispose of cobalt 
              from National Defense Stockpile.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2002.
Sec. 3502. Define ``war risks'' to vessels to include confiscation, 
              expropriation, nationalization, and deprivation of the 
              vessels.
Sec. 3503. Holding obligor's cash as collateral under title XI of 
              Merchant Marine Act, 1936.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

       For purposes of this Act, the term ``congressional defense 
     committees'' means--
       (1) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002 for procurement for the Army as follows:
       (1) For aircraft, $1,987,491,000.
       (2) For missiles, $1,097,286,000.
       (3) For weapons and tracked combat vehicles, 
     $2,367,046,000.
       (4) For ammunition, $1,208,565,000.
       (5) For other procurement, $4,143,986,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2002 for procurement for the Navy as follows:
       (1) For aircraft, $8,337,243,000.
       (2) For weapons, including missiles and torpedoes, 
     $1,476,692,000.
       (3) For shipbuilding and conversion, $9,321,121,000.
       (4) For other procurement, $4,157,313,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2002 for procurement for the 
     Marine Corps in the amount of $1,025,624,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2002 for 
     procurement of ammunition for the Navy and the Marine Corps 
     in the amount of $463,507,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002 for procurement for the Air Force as follows:
       (1) For aircraft, $10,705,687,000.
       (2) For missiles, $3,226,336,000.
       (3) For ammunition, $871,344,000.
       (4) For other procurement, $8,250,821,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002 for Defense-wide procurement in the amount of 
     $2,267,346,000.

     SEC. 105. DEFENSE INSPECTOR GENERAL.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002 for procurement for the Inspector General of the 
     Department of Defense in the amount of $1,800,000.

     SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

       There is hereby authorized to be appropriated for fiscal 
     year 2002 the amount of $1,078,557,000 for--
       (1) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (2) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.

     SEC. 107. DEFENSE HEALTH PROGRAMS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002 for the Department of Defense for procurement for 
     carrying out health care programs, projects, and activities 
     of the Department of Defense in the total amount of 
     $267,915,000.

                       Subtitle B--Army Programs

     SEC. 111. EXTENSION OF MULTIYEAR CONTRACT FOR FAMILY OF 
                   MEDIUM TACTICAL VEHICLES.

       In order to ensure that an adequate number of vehicles of 
     the ``A1'' variant of the Family of Medium Tactical Vehicles 
     program continue to be fielded to the Army, the Secretary of 
     the Army may extend for one additional year the existing 
     multiyear procurement contract, authorized by section 112(b) 
     of the National Defense Authorization Act for Fiscal Year 
     1998 (Public Law 105-85; 111 Stat. 1648) and awarded on 
     October 14, 1998, for procurement of vehicles under that 
     program (notwithstanding the maximum period for such 
     contracts otherwise applicable under section 2306b(k) of 
     title 10, United States Code) if the Secretary determines 
     that it is necessary to do so in order to prevent a break in 
     production of those vehicles.

     SEC. 112. REPEAL OF LIMITATIONS ON BUNKER DEFEAT MUNITIONS 
                   PROGRAM.

       Section 116 of the National Defense Authorization Act for 
     Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2682) is 
     repealed.

                     Subtitle C--Air Force Programs

     SEC. 121. RESPONSIBILITY OF AIR FORCE FOR CONTRACTS FOR ALL 
                   DEFENSE SPACE LAUNCHES.

       (a) In General.--(1) Chapter 807 of title 10, United States 
     Code, is amended by inserting after section 8062 the 
     following new section:

     ``Sec. 8063. Contracts for space launches: responsibility of 
       Air Force for all Department of Defense elements

       ``The Secretary of the Air Force shall ensure that 
     contracts for space launch vehicles and space launch services 
     for all elements of the Department of Defense are prepared, 
     negotiated, executed, and managed in a manner that maximizes 
     launch effectiveness, minimizes cost of launch services, 
     provides clear visibility to all elements into contract costs 
     and functions, and, where practicable, takes advantage of 
     commercial space launch capabilities.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     8062 the following new item:

``8063. Contracts for space launches: responsibility of Air Force for 
              all Department of Defense elements.''.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the congressional defense committees and the 
     congressional intelligence committees a report on the 
     implementation of section 8063 of title 10, United States 
     Code, as added by subsection (a).

     SEC. 122. MULTI-YEAR PROCUREMENT OF C-17 AIRCRAFT.

       If the Secretary of Defense certifies to the congressional 
     defense committees before the enactment of this Act that it 
     is in the interest of the Department of Defense to proceed 
     with a follow-on multi-year procurement of additional C-17 
     aircraft, then the Secretary may, in accordance with section 
     2306b of title 10, United States Code, enter into a new 
     multi-year procurement contract or extend the current multi-
     year procurement contract beginning in fiscal year 2002 to 
     procure up to 60 additional C-17 aircraft in order to meet 
     the Department's airlift requirements.

               Subtitle D--Chemical Munitions Destruction

     SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL 
                   CHEMICAL AGENTS AND MUNITIONS.

       Section 152 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 50 U.S.C. 1521 note) is 
     amended--
       (1) in subsection (b)--
       (A) by inserting ``for that site'' after ``in place''; and
       (B) by adding at the end the following new paragraphs:
       ``(4) Emergency preparedness and response capabilities have 
     been established at the site and in the surrounding 
     communities to respond to emergencies involving risks to 
     public health or safety that are identified by the Secretary 
     of Defense as being risks resulting from the storage or 
     destruction of lethal chemical agents and munitions at the 
     site.
       ``(5) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics recommends initiation of 
     destruction at the site after considering the recommendation 
     by the board established by subsection (g).''; and
       (2) by adding at the end the following new subsection:
       ``(g) Oversight Boards.--(1) The Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall convene, for 
     each site at which the chemical munitions stockpile is 
     stored, an independent oversight board composed of--
       ``(A) the Secretary of the Army;
       ``(B) the Director of the Federal Emergency Management 
     Agency;
       ``(C) the Administrator of the Environmental Protection 
     Agency;
       ``(D) the President of the National Academy of Sciences;
       ``(E) the Governor of the State in which the site is 
     located; and
       ``(F) one individual designated by the Under Secretary from 
     a list of three local representatives of the area in which 
     the site is located, prepared jointly by the Member of the 
     House of Representatives who represents the Congressional 
     District in which the site is located and the Senators 
     representing the State in which the site is located.
       ``(2) Not later than six months after each such board is 
     convened, the board shall make a recommendation to the Under 
     Secretary whether the destruction of the chemical munitions 
     stockpile should be initiated at the site.
       ``(3) The Under Secretary may not recommend initiation of 
     destruction of the chemical munitions stockpile at a site 
     after considering a negative recommendation of the board 
     until 90 days

[[Page 17383]]

     after the Under Secretary provides notice to Congress of the 
     intent to recommend initiation of destruction.''.

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

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $6,749,025,000.
       (2) For the Navy, $10,863,274,000.
       (3) For the Air Force, $14,455,653,000.
       (4) For Defense-wide activities, $15,591,978,000, of which 
     $217,355,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

       (a) Fiscal Year 2002.--Of the amounts authorized to be 
     appropriated by section 201, $4,973,843,000 shall be 
     available for basic research and applied research projects.
       (b) Basic Research and Applied Research Defined.--For 
     purposes of this section, the term ``basic research and 
     applied research'' means work funded in program elements for 
     defense research and development under Department of Defense 
     category 6.1 or 6.2.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. COOPERATIVE DEPARTMENT OF DEFENSE-DEPARTMENT OF 
                   VETERANS AFFAIRS MEDICAL RESEARCH PROGRAM.

       Of the funds authorized to be appropriated by section 
     201(4), $5,000,000 shall be available for the cooperative 
     Department of Defense/Department of Veterans Affairs medical 
     research program. The Secretary of Defense shall transfer 
     such amount to the Secretary of Veterans Affairs for such 
     purpose not later than 30 days after the date of the 
     enactment of this Act.


     SEC. 212. ADVANCED LAND ATTACK MISSILE PROGRAM.

       (a) Program Required.--The Secretary of Defense shall 
     establish a competitive program for the development of an 
     advanced land attack missile for the DD-21 land attack 
     destroyer and other naval combatants.
       (b) Report.--The Secretary of Defense shall submit to the 
     congressional defense committees, with the submission of the 
     budget request for the Department of Defense for fiscal year 
     2003, a report providing the program plan for the Advanced 
     Land Attack Missile program, the schedule for that program, 
     and funding required for that program.
       (c) Funding.--Of the amount authorized to be appropriated 
     under section 201(2) for research, development, test, and 
     evaluation for the Navy, $20,000,000 shall be available in PE 
     0603795N for the Advanced Land Attack Missile program.

     SEC. 213. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF ADVANCED 
                   RADAR SYSTEMS FOR NAVAL APPLICATIONS.

       (a) Program Required.--The Secretary of Defense shall carry 
     out a program to develop and demonstrate advanced 
     technologies and concepts leading to advanced radar systems 
     for naval and other applications.
       (b) Description of Program.--The program under subsection 
     (a) shall be carried out collaboratively pursuant to a 
     memorandum of agreement to be entered into by the Director of 
     Defense Research and Engineering, the Secretary of the Navy, 
     and the Director of the Defense Advanced Research Projects 
     Agency. The program shall include the following activities:
       (1) Activities needed to develop and deploy advanced 
     electronics materials, including specifically wide band gap 
     electronics components needed to extend the range and 
     sensitivity of naval radars.
       (2) Identification of acquisition systems for use of the 
     new technology.
       (c) Report.--Not later than January 31, 2002, the Director 
     of Defense Research and Engineering, the Secretary of the 
     Navy, and the Director of the Defense Advanced Research 
     Projects Agency shall submit to the congressional defense 
     committees a joint report on the implementation of the 
     program under subsection (a). The report shall include the 
     following:
       (1) A description of the memorandum of agreement referred 
     to in subsection (b).
       (2) A schedule for the program.
       (3) Identification of the funding required for fiscal year 
     2003 and for the future-years defense program to carry out 
     the program.
       (4) A list of program capability goals and objectives.
       (d) Funding.--(1) Of the amount authorized to be 
     appropriated for Defense-wide activities by section 201(4) 
     for the Defense Advanced Research Projects Agency, 
     $41,000,000 shall be available for applied research and 
     maturation of high frequency and high power wide band gap 
     semiconductor electronics technology to carry out the program 
     under subsection (a).
       (2) Of the amount authorized to be appropriated by section 
     201(2) for the Department of the Navy, $15,500,000 shall be 
     available to carry out the program under subsection (a).

                 Subtitle C--Ballistic Missile Defense

     SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCUREMENT FOR 
                   MISSILE DEFENSE PROGRAMS FROM BALLISTIC MISSILE 
                   DEFENSE ORGANIZATION TO MILITARY DEPARTMENTS.

       (a) Budgeting of Missile Defense Procurement Authority.--
     (1) Subsection (a) of section 224 of title 10, United States 
     Code is amended by striking ``procurement'' both places it 
     appears and inserting ``research, development, test, and 
     evaluation''.
       (2) Such section is further amended by striking subsections 
     (b) and (c) and inserting the following:
       ``(b) Covered Programs.--Subsection (a) applies to any 
     ballistic missile defense program for which research, 
     development, test, and evaluation is carried out by the 
     Ballistic Missile Defense Organization.''.
       (3)(A) The heading of that section is amended to read as 
     follows:

     ``Sec. 224. Ballistic missile defense programs: display of 
       amounts for research, development, test, and evaluation''.

       (B) The item relating to section 224 in the table of 
     sections at the beginning of chapter 9 of such title is 
     amended to read as follows:

``224. Ballistic missile defense programs: display of amounts for 
              research, development, test, and evaluation.''.
       (b) Transfer Criteria.--The Secretary of Defense shall 
     establish, and submit to the congressional defense 
     committees, criteria for the transfer of ballistic missile 
     defense programs from the Ballistic Missile Defense 
     Organization to the military departments. Those criteria 
     shall, at a minimum, address technical maturity of the 
     program, availability of facilities for production, and 
     service commitment to procurement funding.
       (c) Notification of Transfer.--Before responsibility for a 
     ballistic missile defense program is transferred from the 
     Ballistic Missile Defense Organization to the Secretary of a 
     military department, the Secretary of Defense shall submit to 
     the congressional defense committees notice in writing of the 
     Secretary's intent to make that transfer. The Secretary shall 
     include with such notice a certification that the program has 
     met the criteria established under subsection (b) for such a 
     transfer. The transfer may then be carried out after the end 
     of the 60-day period beginning on the date of such notice.

     SEC. 232. REPEAL OF PROGRAM ELEMENT REQUIREMENTS FOR 
                   BALLISTIC MISSILE DEFENSE PROGRAMS.

       (a) Repeal.--Section 223 of title 10, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 9 of such title is amended by striking 
     the item relating to section 223.

     SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF 
                   THE DEPARTMENT OF DEFENSE BY THE NATIONAL 
                   DEFENSE LABORATORIES OF THE DEPARTMENT OF 
                   ENERGY.

       (a) Funds To Carry Out Certain Ballistic Missile Defense 
     Activities.--Of the amounts authorized to be appropriated to 
     the Department of Defense pursuant to section 201(4), 
     $25,000,000 shall be available, subject to subsection (b) and 
     at the discretion of the Director of the Ballistic Missile 
     Defense Organization, for research, development, and 
     demonstration activities at the national laboratories of the 
     Department of Energy in support of the missions of the 
     Ballistic Missile Defense Organization, including the 
     following activities:
       (1) Technology development, concept demonstration, and 
     integrated testing to enhance performance, reduce risk, and 
     improve reliability in hit-to-kill interceptors for ballistic 
     missile defense.
       (2) Support for science and engineering teams to assess 
     critical technical problems and prudent alternative 
     approaches as agreed upon by the Director of the Ballistic 
     Missile Defense Organization and the Administrator for 
     Nuclear Security.
       (b) Requirement for Matching Funds From NNSA.--Funds shall 
     be available as provided in subsection (a) only if the 
     Administrator for Nuclear Security makes available matching 
     funds for the activities referred to in subsection (a).
       (c) Memorandum of Understanding.--The activities referred 
     to in subsection (a) shall be carried out under the 
     memorandum of understanding entered into by the Secretary of 
     Energy and the Secretary of Defense for the use of national 
     laboratories for ballistic missile defense programs, as 
     required by section 3131 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2034) and modified pursuant to section 3132 of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398; 114 
     Stat. 1654A-455) to provide for jointly funded projects.

     SEC. 234. MISSILE DEFENSE TESTING INITIATIVE.

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

[[Page 17384]]

     acceptable risk and developmental stability, the Secretary of 
     Defense shall ensure that any ballistic missile defense 
     program incorporates, to the maximum extent practicable, the 
     following elements during the early stages of system 
     development:
       (1) Pursuit of parallel conceptual approaches and 
     technological paths for all critical problematic components 
     until effective and reliable solutions can be demonstrated.
       (2) Comprehensive ground testing in conjunction with 
     flight-testing for key elements of the proposed system that 
     are considered to present high risk, with such ground testing 
     to make use of existing facilities and combinations of 
     facilities that support testing at the highest possible 
     levels of integration.
       (3) Where appropriate, expenditures to enhance the 
     capabilities of existing test facilities, or to construct new 
     test facilities, to support alternative complementary test 
     methodologies.
       (4) Sufficient funding of test instrumentation to ensure 
     accurate measurement of all critical test events and, where 
     possible, incorporation of mobile assets to enhance 
     flexibility in test configurations.
       (5) Incorporation into the program of sufficient schedule 
     flexibility and expendable test assets, including missile 
     interceptors and targets, to ensure that failed or aborted 
     tests can be repeated in a prudent, but expeditious manner.
       (6) Incorporation into flight-test planning for the 
     program, where possible, of--
       (A) methods referred to as ``campaign testing'' and ``test 
     through failure'' and other appropriate test methods in order 
     to reduce costs per test event;
       (B) events to demonstrate engagement of multiple targets, 
     ``shoot-look-shoot'', and other planned operational concepts; 
     and
       (C) exploitation of opportunities to facilitate early 
     development and demonstration of ``family of systems'' 
     concepts.
       (c) Specific Requirements for Ground-Based Mid-Course 
     Interceptor Systems.--For ground-based mid-course interceptor 
     systems, the Secretary of Defense shall initiate steps during 
     fiscal year 2002 to establish a flight-test capability of 
     launching not less than three missile defense interceptors 
     and not less than two ballistic missile targets to provide a 
     realistic test infrastructure.

     SEC. 235. MISSILE DEFENSE SYSTEM TEST BED FACILITIES.

       (a) Authority To Acquire or Construct Facilities.--(1) The 
     Secretary of Defense, using funds appropriated to the 
     Department of Defense for research, development, test, and 
     evaluation for fiscal years after fiscal year 2001 that are 
     available for programs of the Ballistic Missile Defense 
     Organization, may carry out construction projects, or 
     portions of construction projects, including projects for the 
     acquisition, improvement, or construction of facilities of 
     general utility, to establish and operate the Missile Defense 
     System Test Bed Facilities.
       (2) The authority provided in paragraph (1) may be used to 
     acquire, improve, or construct facilities at a total cost not 
     to exceed $500,000,000.
       (b) Authority To Provide Assistance to Local Communities.--
     (1) Subject to paragraph (2), the Secretary of Defense, using 
     funds appropriated to the Department of Defense for research, 
     development, test, and evaluation for fiscal years after 
     fiscal year 2001 that are available for programs of the 
     Ballistic Missile Defense Organization, may provide 
     assistance, by grant or otherwise, to local communities to 
     meet the need for increased municipal or community services 
     or facilities resulting from the construction, installation, 
     or operation of the Missile Defense System Test Bed 
     Facilities.
       (2) Assistance may be provided to a community under 
     paragraph (1) only if the Secretary of Defense determines 
     that there is an immediate and substantial increase in the 
     need for municipal or community services or facilities as a 
     direct result of the construction, installation, or operation 
     of the Missile Defense System Test Bed Facilities.

                       Subtitle D--Other Matters

     SEC. 241. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE JOINT 
                   OPERATIONAL TEST BED SYSTEM.

       (a) Establishment of Test Bed System.--The commander of the 
     United States Joint Forces Command shall establish a 
     capability (referred to as a ``test bed'') within the 
     facilities and resources of that command to evaluate and 
     ensure joint interoperability of unmanned aerial vehicle 
     systems. That capability shall be independent of the military 
     departments and shall be managed directly by the Joint Forces 
     Command.
       (b) Required Transfer of Predator UAV Assets.--The 
     Secretary of the Navy shall transfer to the commander of the 
     Joint Forces Command the two Predator unmanned aerial 
     vehicles currently undergoing operational testing by the 
     Navy, together with associated payloads and antennas and the 
     associated tactical control system (TCS) ground station.
       (c) Use by Joint Forces Command.--The items transferred 
     pursuant to subsection (a) may be used by the commander of 
     the United States Joint Forces Command only through the 
     independent joint operational test bed system established 
     pursuant to subsection (a) for testing of those items, 
     including further development of the associated tactical 
     control system (TCS) ground station, other aspects of 
     unmanned aerial vehicle interoperability, and participation 
     in such experiments and exercises as the commander considers 
     appropriate to the mission of that command.
       (d) Deadline for Transfers.--The transfers required by 
     subsection (b) shall be completed not later than 90 days 
     after the date of the enactment of this Act.
       (e) Transfer When No Longer Required by Joint Forces 
     Command.--Upon a determination by the commander of the United 
     States Joint Forces Command that any of the items transferred 
     pursuant to subsection (a) are no longer needed by that 
     command for use as provided in subsection (c), those items 
     shall be transferred to the Secretary of the Air Force.

     SEC. 242. DEMONSTRATION PROJECT TO INCREASE SMALL BUSINESS 
                   AND UNIVERSITY PARTICIPATION IN OFFICE OF NAVAL 
                   RESEARCH EFFORTS TO EXTEND BENEFITS OF SCIENCE 
                   AND TECHNOLOGY RESEARCH TO FLEET.

       (a) Project Required.--The Secretary of the Navy, acting 
     through the Chief of Naval Research, shall carry out a 
     demonstration project to increase access to Navy facilities 
     of small businesses and universities that are engaged in 
     science and technology research beneficial to the fleet.
       (b) Project Elements.--In carrying out the demonstration 
     project, the Secretary shall--
       (1) establish and operate a Navy Technology Extension 
     Center at a location to be selected by the Secretary;
       (2) permit participants in the Small Business Innovation 
     Research Program (SBIR) and Small Business Technology 
     Transfer Program (STTR) that are awarded contracts by Office 
     of Naval Research to acccess and use Navy facilities without 
     charge for purposes of carrying out such contracts; and
       (3) permit universities, institutions of higher learning, 
     and Federally Funded Research and Development Centers (FFRDC) 
     collaborating with SBIR and STTR participants to use Navy 
     facilities.
       (c) Report.--Not later than February 1, 2004, the Secretary 
     shall submit to Congress a report on the demonstration 
     project. The report shall include a description of the 
     activities carried out under the demonstration project and 
     any recommendations for the improvement or expansion of the 
     demonstration project that the Secretary considers 
     appropriate.

     SEC. 243. MANAGEMENT RESPONSIBILITY FOR NAVY MINE 
                   COUNTERMEASURES PROGRAMS.

       Section 216(a) of the National Defense Authorization Act 
     for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
     1317), as most recently amended by section 211 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 112 Stat. 1946), is amended by 
     striking ``through 2003'' and inserting ``through 2008''.

     SEC. 244. PROGRAM TO ACCELERATE THE INTRODUCTION OF 
                   INNOVATIVE TECHNOLOGY IN DEFENSE ACQUISITION 
                   PROGRAMS.

       (a) Program Required.--The Secretary of Defense shall carry 
     out a program to provide opportunities for the increased 
     introduction of innovative and cost-saving technology in 
     acquisition programs of the Department of Defense. The 
     program, to be known as the Challenge Program, shall provide 
     an individual or activity within or outside the Department of 
     Defense with the opportunity to propose alternatives, to be 
     known as challenge proposals, at the component, subsystem, or 
     system level of an existing Department of Defense acquisition 
     program that would result in improvements in performance, 
     affordability, manufacturability, or operational capability 
     at the component, subsystem, or system level of that 
     acquisition program.
       (b) Panel.--(1) In carrying out the Challenge Program, the 
     Secretary of Defense shall establish a panel of highly 
     qualified scientists and engineers (hereinafter in this 
     section referred to as the ``Panel'') under the auspices of 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics. The duty of the Panel shall be to carry out 
     review and evaluation of challenge proposals under subsection 
     (c).
       (2) A member of the Panel may not participate in any review 
     and evaluation of a challenge proposal under subsection (c) 
     if at any time within the previous five years that member 
     has, in any capacity, participated in or been affiliated with 
     the Department of Defense program for which the challenge 
     proposal is proposed.
       (c) Review and Evaluation of Challenge Proposals.--(1) 
     Under procedures prescribed by the Secretary, an individual 
     or activity within or outside the Department of Defense may 
     submit challenge proposals to the Panel.
       (2) The Panel shall carry out an expedited evaluation of 
     each challenge proposal submitted under paragraph (1) to 
     determine whether a prima facie case has been made that the 
     challenge proposal will result in improvements in 
     performance, affordability, manufacturability, or operational 
     capability at the component, subsystem, or system level of 
     the applicable acquisition program. If the Panel determines 
     that such a case has not been made, the Panel may turn down 
     the challenge proposal. In any other case, the Panel shall 
     provide for a full review of the challenge proposal under 
     paragraph (3).
       (3) In carrying out a full review of a challenge proposal, 
     the Panel shall ensure the following:
       (A) Any incumbent that would be displaced by the 
     implementation of the challenge proposal is provided notice 
     of the challenge proposal and a full opportunity to 
     demonstrate why the challenge proposal should not be 
     implemented.
       (B) Notice of the full review of the challenge proposal is 
     published in one or more appropriate commercial publications 
     of national circulation.
       (C) If one or more other challenge proposals are submitted 
     on matters relating to the challenge proposal being reviewed, 
     the Panel shall, to the maximum extent practicable, carry out 
     a

[[Page 17385]]

     full review of those other challenge proposals together with 
     the full review of the original challenge proposal.
       (4) The Secretary of Defense shall ensure that the Panel, 
     in carrying out review and evaluation of challenge proposals 
     under this subsection, has the authority to call upon the 
     technical resources of the laboratories, research, 
     development, and engineering centers, test and evaluation 
     activities, and other elements of the Department.
       (d) Findings of Substantial Superiority.--If, after the 
     full review of a challenge proposal is completed, the Panel 
     finds that the challenge proposal will result in improvements 
     in performance, affordability, manufacturability, or 
     operational capability at the component, subsystem, or system 
     level of the applicable acquisition program that are 
     substantially superior to that of the incumbent, the Panel 
     shall submit that finding to the Under Secretary.
       (e) Action Upon Findings.--Upon receiving a finding under 
     subsection (d), the Under Secretary shall carry out a plan to 
     acquire and implement the challenge proposal with respect to 
     which the finding was made. The Secretary shall carry out 
     such plan--
       (1) after canceling the contract of any incumbent that 
     would be displaced by the implementation of the challenge 
     proposal; or
       (2) after an appropriate program milestone (such as the 
     expiration of such a contract) has been reached.
       (f) Elimination of Conflicts of Interest.--In carrying out 
     each review and evaluation under subsection (c), the 
     Secretary shall ensure the elimination of conflicts of 
     interest.
       (g) Funding.--Of the funds authorized to be appropriated by 
     section 201(4) for Defense-wide research, development, test, 
     and evaluation for fiscal year 2002, $40,000,000 shall be 
     available in PE 63826D8Z for the Challenge Program required 
     by this section.
       (h) Report.--The Secretary shall submit to Congress, with 
     the submission of the budget request for the Department of 
     Defense for each fiscal year beginning with fiscal year 2003, 
     a report on the implementation of this section. The report 
     shall include the number and scope of challenge proposals 
     submitted, reviewed and evaluated, found to be substantially 
     superior, and implemented.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $21,015,280,000.
       (2) For the Navy, $26,587,962,000.
       (3) For the Marine Corps, $2,898,114,000.
       (4) For the Air Force, $25,811,462,000.
       (5) For Defense-wide activities, $11,922,131,000.
       (6) For the Army Reserve, $1,814,246,000.
       (7) For the Naval Reserve, $1,003,690,000.
       (8) For the Marine Corps Reserve, $144,023,000.
       (9) For the Air Force Reserve, $2,017,866,000.
       (10) For the Army National Guard, $3,705,359,000.
       (11) For the Air National Guard, $3,967,361,000.
       (12) For the Defense Inspector General, $152,021,000.
       (13) For the United States Court of Appeals for the Armed 
     Forces, $9,096,000.
       (14) For Environmental Restoration, Army, $389,800,000.
       (15) For Environmental Restoration, Navy, $257,517,000.
       (16) For Environmental Restoration, Air Force, 
     $385,437,000.
       (17) For Environmental Restoration, Defense-wide, 
     $23,492,000.
       (18) For Environmental Restoration, Formerly Used Defense 
     Sites, $190,255,000.
       (19) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $49,700,000.
       (20) For Drug Interdiction and Counter-drug Activities, 
     Defense-wide, $820,381,000.
       (21) For the Kaho'olawe Island Conveyance, Remediation, and 
     Environmental Restoration Trust Fund, $25,000,000.
       (22) For Defense Health Program, $17,570,750,000.
       (23) For Cooperative Threat Reduction programs, 
     $403,000,000.
       (24) For Overseas Contingency Operations Transfer Fund, 
     $2,844,226,000.
       (25) Support for International Sporting Competitions, 
     Defense, $15,800,000.

     SEC. 302. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Working Capital Funds, $1,951,986,000.
       (2) For the National Defense Sealift Fund, $407,708,000.

     SEC. 303. ARMED FORCES RETIREMENT HOME.

       There is hereby authorized to be appropriated for fiscal 
     year 2002 from the Armed Forces Retirement Home Trust Fund 
     the sum of $71,440,000 for the operation of the Armed Forces 
     Retirement Home, including the United States Soldiers' and 
     Airmen's Home and the Naval Home.

     SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE 
                   TRANSACTION FUND.

       (a) Transfer Authority.--To the extent provided in 
     appropriations Acts, not more than $150,000,000 is authorized 
     to be transferred from the National Defense Stockpile 
     Transaction Fund to operation and maintenance accounts for 
     fiscal year 2002 in amounts as follows:
       (1) For the Army, $50,000,000.
       (2) For the Navy, $50,000,000.
       (3) For the Air Force, $50,000,000.
       (b) Treatment of Transfers.--Amounts transferred under this 
     section--
       (1) shall be merged with, and be available for the same 
     purposes and the same period as, the amounts in the accounts 
     to which transferred; and
       (2) may not be expended for an item that has been denied 
     authorization of appropriations by Congress.
       (c) Relationship to Other Transfer Authority.--The transfer 
     authority provided in this section is in addition to the 
     transfer authority provided in section 1001.

                  Subtitle B--Environmental Provisions

     SEC. 311. INVENTORY OF EXPLOSIVE RISK SITES AT FORMER 
                   MILITARY RANGES.

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

     ``Sec. 2710. Former military ranges: inventory of explosive 
       risk sites; use of inventory; public safety issues

       ``(a) Definitions.--In this section:
       ``(1) The term `former military range' means a military 
     range presently located in the United States that--
       ``(A) is or was owned by, leased to, or otherwise possessed 
     or used by the Federal Government;
       ``(B) is designated as a closed, transferred, or 
     transferring military range (rather than as an active or 
     inactive range); or
       ``(C) is or was used as a site for the disposal of military 
     munitions or for the use of military munitions in training or 
     research, development, testing, and evaluation.
       ``(2) The term `abandoned military munitions' means 
     unexploded ordnance and other abandoned military munitions, 
     including components thereof and chemical weapons materiel, 
     that pose a threat to human health or safety.
       ``(3) The term `State' includes the District of Columbia, 
     the Commonwealth of Puerto Rico, and the territories and 
     possessions.
       ``(4) The term `United States', in a geographic sense, 
     includes the Commonwealth of Puerto Rico and the territories 
     and possessions.
       ``(b) Inventory Required.--(1) The Secretary of Defense 
     shall develop and maintain an inventory of former military 
     ranges that are known or suspected to contain abandoned 
     military munitions.
       ``(2) The information for each former military range in the 
     inventory shall include, at a minimum, the following:
       ``(A) A unique identifier for the range and its current 
     designation as either a closed, transferred, or transferring 
     range.
       ``(B) An appropriate record showing the location, 
     boundaries, and extent of the range, including identification 
     of the State and political subdivisions of the State in which 
     the range is located and any Tribal lands encompassed by the 
     range.
       ``(C) Known persons and entities, other than a military 
     department, with any current ownership interest or control of 
     lands encompassed by the range.
       ``(D) Any restrictions or other land use controls currently 
     in place that might affect the potential for public and 
     environmental exposure to abandoned military munitions.
       ``(c) Site Prioritization.--(1) With respect to each former 
     military range included on the inventory, the Secretary of 
     Defense shall assign the range a relative priority for 
     response activities based on the overall conditions at the 
     range. The level of response priority assigned the range 
     shall be included with the information required by subsection 
     (b)(2) to be maintained for the range.
       ``(2) In assigning the response priority for a former 
     military range, the Secretary of Defense shall primarily 
     consider factors relating to safety and environmental hazard 
     potential, such as the following:
       ``(A) Whether there are known, versus suspected, abandoned 
     military munitions on all or any portion of the range and the 
     types of munitions present or suspected to be present.
       ``(B) Whether public access to the range is controlled, and 
     the effectiveness of these controls.
       ``(C) The potential for direct human contact with abandoned 
     military munitions at the range and evidence of people 
     entering the range.
       ``(D) Whether a response action has been or is being 
     undertaken at the range under the Formerly Used Defense Sites 
     program or other programs.
       ``(E) The planned or mandated dates for transfer of the 
     range from military control.
       ``(F) The extent of any documented incidents involving 
     abandoned military munitions at or from the range. In this 
     subparagraph, the term `incidents' means any or all of the 
     following: explosions, discoveries, injuries, reports, and 
     investigations.
       ``(G) The potential for drinking water contamination or the 
     release of weapon components into the air.
       ``(H) The potential for destruction of sensitive ecosystems 
     and damage to natural resources.
       ``(d) Updates and Availability.--(1) The Secretary of 
     Defense shall annually update the inventory and site 
     prioritization list to reflect

[[Page 17386]]

     new information that becomes available. The inventory shall 
     be available in published and electronic form.
       ``(2) The Secretary of Defense shall work with adjacent 
     communities to provide information concerning conditions at 
     the former military range and response activities, and shall 
     respond to inquiries. At a minimum, the Secretary shall 
     notify immediately affected individuals, appropriate State, 
     local, tribal, and Federal officials, and, when appropriate, 
     civil defense or emergency management agencies.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2710. Former military ranges: inventory of explosive risk sites; use 
              of inventory; public safety issues.''.
       (b) Initial Inventory.--The inventory required by section 
     2710 of title 10, United States Code, as added by subsection 
     (a), shall be completed and made available not later than one 
     year after the date of the enactment of this Act.

     SEC. 312. NATIONAL SECURITY IMPACT STATEMENTS.

       (a) Evaluation of National Security Impacts Required.--(1) 
     Chapter 160 of title 10, United States Code, is amended by 
     inserting after section 2710, as added by section 311, the 
     following new section:

     ``Sec. 2711. Environmental impact statements and 
       environmental assessments: evaluation of national security 
       impacts of proposed action and alternatives

       ``(a) Agency Action.--Whenever an environmental impact 
     statement or environmental assessment is required under 
     section 102 of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332) to be prepared in connection with a proposed 
     Department of Defense action, the Secretary of Defense shall 
     include as a part of the environmental impact statement or 
     environmental assessment a detailed evaluation of the impact 
     of the proposed action, and each alternative to the proposed 
     action considered in the statement or assessment, on national 
     security, including the readiness, training, testing, and 
     operations of the armed forces.
       ``(b) Agency Input.--The Secretary of Defense shall also 
     include the evaluation required by subsection (a) in any 
     input provided by the Department of Defense as a cooperating 
     agency to a lead agency preparing an environmental impact 
     statement or environmental assessment.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2711. Environmental impact statements and environmental assessments: 
              evaluation of national security impacts of proposed 
              action and alternatives.''.
       (b) Effective Date.--Section 2711 of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     the date of the enactment of this Act and apply with respect 
     to any environmental impact statement or environmental 
     assessment prepared by the Secretary of Defense that has not 
     been released in final form as of that date.

     SEC. 313. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH 
                   HOOPER SANDS SITE, SOUTH BERWICK, MAINE.

       Using amounts authorized to be appropriated by section 
     301(15) for environmental restoration for the Navy, the 
     Secretary of the Navy may pay $1,005,478 to the Hooper Sands 
     Special Account within the Hazardous Substance Superfund 
     established by section 9507 of the Internal Revenue Code of 
     1986 (26 U.S.C. 9507) to reimburse the Environmental 
     Protection Agency in full for certain response costs incurred 
     by the Environmental Protection Agency for actions taken 
     pursuant to the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) at the Hooper Sands site in South Berwick, Maine, 
     pursuant to an interagency agreement entered into by the 
     Department of the Navy and the Environmental Protection 
     Agency in January 2001.

     SEC. 314. RIVER MITIGATION STUDIES.

       (a) Port of Orange, Sabine River.--The Secretary of Defense 
     may conduct a study regarding mitigation needs in connection 
     with protruding structures and submerged objects remaining 
     from the World War II Navy ship building industry located at 
     the former Navy installation in Orange, Texas, which create 
     navigational hazards along the Sabine River and surrounding 
     the Port of Orange.
       (b) Philadelphia Naval Shipyard, Delaware River.--The 
     Secretary of Defense may conduct a study regarding mitigation 
     needs in connection with floating and partially submerged 
     debris possibly relating to the Philadelphia Naval Shipyard 
     in that portion of the Delaware River from Philadelphia to 
     the mouth of the river which create navigational hazards 
     along the river.
       (c) Use of Existing Information.--In conducting the studies 
     authorized by this section, the Secretary shall take into 
     account any information available from other studies 
     conducted in connection with the same navigation channels.
       (d) Consultation.--The Secretary shall conduct the studies 
     authorized by this section in consultation with appropriate 
     State and local government entities and Federal agencies.
       (e) Report on Study Results.--Not later than April 30, 
     2002, the Secretary of Defense shall submit to the Committee 
     on Armed Services of the House of Representatives and the 
     Committee on Armed Services of the Senate a report that 
     summarizes the results of the studies conducted under this 
     section.
       (f) Cost Sharing.--Nothing in this section is intended to 
     require non-Federal cost sharing of the costs incurred by the 
     Secretary of Defense to conduct the studies authorized by 
     this section.
       (g) Removal Authority.--Consistent with existing laws, 
     using funds authorized to be appropriated for these purposes, 
     and after providing notice to Congress, the Secretary of 
     Defense may work with the other Federal, State, local, and 
     private entities--
       (1) to remove the protruding structures and submerged 
     objects along the Sabine River and surrounding the Port of 
     Orange that resulted from the abandonment of the ship 
     building industry and Navy installation in Orange, Texas; and
       (2) to remove floating and partially submerged debris in 
     the portion of the Delaware River subject to the study under 
     subsection (b).
       (h) Relation to Other Laws and Agreements.--This section is 
     not intended to modify any authorities provided to the 
     Secretary of the Army by the Water Resources Development Act 
     of 1986 (33 U.S.C. 2201 et seq.), nor is it intended to 
     modify any non-Federal cost-sharing responsibilities outlined 
     in any local cooperation agreements.

     SEC. 315. ELIMINATION OF ANNUAL REPORT ON CONTRACTOR 
                   REIMBURSEMENT FOR COSTS OF ENVIRONMENTAL 
                   RESPONSE ACTIONS.

       Section 2706 of title 10, United States Code, is amended by 
     striking subsection (c).

  Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

     SEC. 321. RESERVE COMPONENT COMMISSARY BENEFITS.

       (a) Eligibility for Commissary Benefits.--Section 1063 of 
     title 10, United States Code, is amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b) and (c) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after the section heading the following 
     new subsections:
       ``(a) Eligibility.--Subject to subsection (c), the 
     Secretary concerned shall authorize members of the Ready 
     Reserve described in subsection (b) to have 24 days of 
     eligibility to use commissary stores of the Department of 
     Defense for any calendar year.
       ``(b) Covered Members.--Subsection (a) applies with respect 
     to the following members of the Ready Reserve:
       ``(1) A member of the Selected Reserve who is 
     satisfactorily participating in required training as 
     prescribed in section 10147(a)(1) of this title or section 
     502(a) of title 32 in that calendar year.
       ``(2) A member of the Ready Reserve (other than a member 
     described in paragraph (1)) who satisfactorily completes 50 
     or more points credible under section 12732(a)(2) of this 
     title in that calendar year.
       ``(c) Reduced Number of Commissary Visits for New 
     Members.--The number of commissary visits authorized for a 
     member of the Selected Reserve described in subsection (b)(1) 
     who enters the Selected Reserve after the beginning of the 
     calendar year shall be equal to twice the number of full 
     months remaining in the calendar year.''.
       (b) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 1063. Use of commissary stores: members of Ready 
       Reserve''.

       (2) The table of sections at the beginning of chapter 54 of 
     such title is amended by striking the item relating to 
     section 1063 and inserting the following new item:

``1063. Use of commissary stores: members of Ready Reserve.''.

     SEC. 322. REIMBURSEMENT FOR NONCOMMISSARY USE OF COMMISSARY 
                   FACILITIES.

       Section 2685 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Reimbursement for Noncommissary Use of Commissary 
     Facilities.--(1) If the Secretary concerned uses for 
     noncommissary purposes a commissary facility whose 
     construction was financed (in whole or in part) using the 
     proceeds of adjustments or surcharges authorized by 
     subsection (a) or revenues referred to in subsection (e), the 
     Secretary concerned shall reimburse the commissary surcharge 
     account for the depreciated value of the investment made with 
     such proceeds and revenues.
       ``(2) In paragraph (1), the term `construction' has the 
     meaning given such term in subsection (d)(2).''.

     SEC. 323. CIVIL RECOVERY FOR NONAPPROPRIATED FUND 
                   INSTRUMENTALITY COSTS RELATED TO SHOPLIFTING.

       Section 3701(b)(1)(B) of title 31, United States Code, is 
     amended by inserting before the comma at the end the 
     following: ``, including actual and administrative costs 
     related to shoplifting, theft detection, and theft 
     prevention''.

                 Subtitle D--Workforce and Depot Issues

     SEC. 331. FISCAL YEAR 2002 LIMITATIONS ON WORKFORCE REVIEWS.

       (a) Workforce Review Defined.--In this section, the term 
     ``workforce review'' has the meaning given the term in 
     section 2461a(a) of title 10, United States Code.
       (b) Limited Number of Full-Time Equivalent Positions 
     Reviewed.--During fiscal year 2002, the total number of full-
     time equivalent positions considered for possible change to 
     performance by the private sector through the performance of 
     a workforce review may not exceed the following:

[[Page 17387]]

       (1) 328, in the case of full-time equivalent positions for 
     civilian employees of the Department of the Army;
       (2) 453, in the case of full-time equivalent positions for 
     civilian employees of the Department of the Navy;
       (3) 936, in the case of full-time equivalent positions for 
     civilian employees of the Department of the Air Force; and
       (4) 1,336, in the case of full-time equivalent positions 
     for civilian employees of the Department of Defense, other 
     than civilian employees of a military department.
       (c) Additional Limitation.--None of the full-time 
     equivalent positions for civilian employees of the Department 
     of the Navy that may be considered in a workforce review 
     during fiscal year 2002 may involve civilian employees who 
     perform functions on behalf of the Marine Corps.

     SEC. 332. APPLICABILITY OF CORE LOGISTICS CAPABILITY 
                   REQUIREMENTS TO NUCLEAR AIRCRAFT CARRIERS.

       Section 2464(a)(3) of title 10, United States Code, is 
     amended by striking ``nuclear aircraft carriers'' and 
     inserting ``nuclear refueling of aircraft carriers''.

     SEC. 333. CONTINUATION OF CONTRACTOR MANPOWER REPORTING 
                   SYSTEM IN DEPARTMENT OF THE ARMY.

       Section 343 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 569) is 
     amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection (a):
       ``(a) Reporting Requirement for Department of the Army.--
     (1) Not later than March 1 of each fiscal year, the Secretary 
     of the Army shall submit to Congress a report describing the 
     use during the previous fiscal year of non-Federal entities 
     to provide services to the Department of the Army.
       ``(2) The data collection required to prepare the report is 
     deemed to be in compliance with the requirements of chapter 
     35 of title 44, United States Code, commonly known as the 
     Paperwork Reduction Act.
       ``(3) The report required by this section is needed to 
     comply with sections 115a and 129a of title 10, United States 
     Code, and is not a procurement action.'';
       (2) by striking ``Department of Defense'' each place it 
     appears and inserting ``Department of the Army''; and
       (3) by adding at the end the following new subsection:
       ``(d) GAO Evaluation.--Not later than 60 days after the 
     Secretary submits to Congress the report required under 
     subsection (a) for a fiscal year, the Comptroller General 
     shall submit to Congress an evaluation of the report.''.

     SEC. 334. LIMITATION ON EXPANSION OF WHOLESALE LOGISTICS 
                   MODERNIZATION PROGRAM.

       (a) Limitation.--The Secretary of the Army may not 
     authorize the expansion of the Wholesale Logistics 
     Modernization Program beyond the original legacy systems 
     included in the scope of the contract awarded in December 
     1999 until the Secretary certifies to Congress that the 
     original legacy systems have been successfully replaced.
       (b) GAO Evaluation.--Not later than 60 days after the 
     Secretary of the Army submits to Congress the certification 
     required under subsection (a), the Comptroller General shall 
     submit to Congress an evaluation of the certification.

     SEC. 335. PILOT PROJECT FOR EXCLUSION OF CERTAIN EXPENDITURES 
                   FROM LIMITATION ON PRIVATE SECTOR PERFORMANCE 
                   OF DEPOT-LEVEL MAINTENANCE.

       Section 2474 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Pilot Project for the Exclusion of Certain 
     Expenditures From Limitation on Private Sector Performance of 
     Depot-Level Maintenance.--
       ``(1) Amounts excluded.--Amounts expended out of funds 
     described in paragraph (2) for the performance of a depot-
     level maintenance and repair workload by non-Federal 
     Government personnel at a Center of Industrial and Technical 
     Excellence named in paragraph (4) shall not be counted for 
     the purposes of section 2466(a) of this title if the 
     personnel are provided by private industry pursuant to a 
     public-private partnership undertaken by the Center under 
     subsection (b).
       ``(2) Funds for fiscal years 2002 through 2006.--The funds 
     referred to in paragraph (1) are funds available to the Air 
     Force for depot-level maintenance and repair workloads for 
     fiscal year 2002, 2003, 2004, 2005, or 2006, and shall not 
     exceed 10 percent of the total funds available in any single 
     year.
       ``(3) Reporting requirements.--All funds covered by 
     paragraph (1) shall be included as a separate item in the 
     reports required under paragraphs (1), (2), and (3) of 
     section 2466(e) of this title.
       ``(4) Covered centers.--(A) The Centers of Industrial and 
     Technical Excellence referred to in paragraph (1) are the 
     following:
       ``(i) Oklahoma City Air Logistics Center, Oklahoma.
       ``(ii) Ogden Air Logistics Center, Utah.
       ``(iii) Warner-Robins Air Logistics Center, Georgia.
       ``(B) The Secretary of the Air Force shall designate as a 
     Center of Industrial and Technical Excellence under this 
     section any of the air logistics centers named in 
     subparagraph (A) that have not previously been so designated 
     and shall specify the core competencies for which the 
     designation is made.''.

     SEC. 336. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERVICES 
                   MANUFACTURED OR PERFORMED BY WORKING-CAPITAL 
                   FUNDED INDUSTRIAL FACILITIES OF THE DEPARTMENT 
                   OF DEFENSE.

       (a) General Rule.--Section 2563(c) of title 10, United 
     States Code, is amended--
       (1) in paragraph (1)(B), by striking ``in any case of 
     willful misconduct or gross negligence'' and inserting ``as 
     provided in paragraph (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Paragraph (1)(B) does not apply in any case of 
     willful misconduct or gross negligence or in the case of a 
     claim by a purchaser of articles or services under this 
     section that damages or injury arose from the failure of the 
     Government to comply with quality, schedule, or cost 
     performance requirements in the contract to provide the 
     articles or services.''.
       (b) Conforming Amendment.--Section 2474(e)(2)(B)(i) of such 
     title is amended by striking ``in a case of willful conduct 
     or gross negligence'' and inserting ``under the circumstances 
     described in section 2563(c)(3) of this title''.

                Subtitle E--Defense Dependents Education

     SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
                   BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
                   FORCES AND DEPARTMENT OF DEFENSE CIVILIAN 
                   EMPLOYEES.

       (a) Educational Agencies Assistance.--Of the amount 
     authorized to be appropriated by section 301(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, 2002, the 
     Secretary of Defense shall notify each local educational 
     agency that is eligible for educational agencies assistance 
     for fiscal year 2002 of--
       (1) that agency's eligibility for educational agencies 
     assistance; and
       (2) the amount of the educational agencies assistance for 
     which that agency is eligible.
       (c) Disbursement of Funds.--The Secretary of Defense shall 
     disburse funds made available under subsection (a) not later 
     than 30 days after the date on which notification to the 
     eligible local educational agencies is provided pursuant to 
     subsection (b).
       (d) Definitions.--In this section:
       (1) The term ``educational agencies assistance'' means 
     assistance authorized under section 386(b) of the National 
     Defense Authorization Act for Fiscal Year 1993 (Public Law 
     102-484; 20 U.S.C. 7703 note).
       (2) The term ``local educational agency'' has the meaning 
     given that term in section 8013(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

     SEC. 342. AVAILABILITY OF AUXILIARY SERVICES OF DEFENSE 
                   DEPENDENTS' EDUCATION SYSTEM FOR DEPENDENTS WHO 
                   ARE HOME SCHOOL STUDENTS.

       Section 1407 of the Defense Dependents' Education Act of 
     1978 (20 U.S.C. 926) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Auxiliary Services Available to Home School 
     Students.--(1) A dependent who is educated in a home school 
     setting, but who is eligible to enroll in a school of the 
     defense dependents' education system, shall be permitted to 
     use or receive auxiliary services of that school without 
     being required to either enroll in that school or register 
     for a minimum number of courses offered by that school. The 
     dependent may be required to satisfy other eligibility 
     requirements applicable to students actually enrolled in that 
     school who use or receive the same auxiliary services.
       ``(2) For purposes of paragraph (1), the term `auxiliary 
     services' includes registration in individual courses, use of 
     academic resources, access to the library of the school, 
     after hours use of school facilities, and participation in 
     music, sports, and other extracurricular and interscholastic 
     activities.''.

     SEC. 343. REPORT REGARDING COMPENSATION FOR TEACHERS EMPLOYED 
                   IN TEACHING POSITIONS IN OVERSEAS SCHOOLS 
                   OPERATED BY THE DEPARTMENT OF DEFENSE.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report evaluating the method currently used by the Secretary 
     to fix the basic compensation for teachers and teaching 
     positions in the Department of Defense under the Defense 
     Department Overseas Teachers Pay and Personnel Practices Act 
     (20 U.S.C. 901 et seq.). The report shall include the 
     recommendations of the Secretary regarding a proposal to 
     increase such compensation to reflect the average of the 
     range of rates of basic compensation for similar teaching 
     positions of a comparable level of duties and 
     responsibilities for teachers employed in public schools in 
     the District of Columbia metropolitan area, which includes 
     the District of Columbia Public Schools, Arlington Public 
     Schools, Alexandria City Public Schools, Fairfax County 
     Public Schools, Montgomery County Public Schools, and Prince 
     George's County Public Schools.

                       Subtitle F--Other Matters

     SEC. 351. AVAILABILITY OF EXCESS DEFENSE PERSONAL PROPERTY TO 
                   SUPPORT DEPARTMENT OF VETERANS AFFAIRS 
                   INITIATIVE TO ASSIST HOMELESS VETERANS.

       (a) Transfer Authority.--Section 2557(a) of title 10, 
     United States Code, is amended--

[[Page 17388]]

       (1) by striking ``The Secretary'' and inserting ``(1) The 
     Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Secretary of Defense may make excess clothing, 
     shoes, sleeping bags, and related nonlethal excess supplies 
     available to the Secretary of Veterans Affairs for 
     distribution to homeless veterans and programs assisting 
     homeless veterans. The transfer of nonlethal excess supplies 
     to the Secretary of Veterans Affairs under this paragraph 
     shall be without reimbursement.''.
       (b) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 2557. Excess nonlethal supplies: availability for 
       homeless veteran initiatives and humanitarian relief''.

       (2) The table of sections at the beginning of chapter 152 
     of such title is amended by striking the item relating to 
     section 2557 and inserting the following new item:

``2557. Excess nonlethal supplies: availability for homeless veteran 
              initiatives and humanitarian relief.''.

     SEC. 352. CONTINUATION OF LIMITATIONS ON IMPLEMENTATION OF 
                   NAVY-MARINE CORPS INTRANET CONTRACT.

       (a) Exclusion of Marine Corps.--Subsection (c) of section 
     814 of the Floyd D. Spence National Defense Authorization Act 
     for Fiscal Year 2001 (as enacted by Public Law 106-398; 114 
     Stat. 1654A-215) is amended--
       (1) by striking ``Prohibition on Increase of Rates 
     Charged.--'' and inserting ``Prohibitions.--(1)'';
       (2) by striking ``fiscal year 2001'' and inserting ``fiscal 
     year 2002''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The Navy Intranet contract may not include any 
     activities of the Marine Corps.''.
       (b) Limitation on Phased Implementation.--Subsection (b)(4) 
     of such section is amended--
       (1) by striking ``fiscal year 2001'' both places it appears 
     and inserting ``fiscal year 2002''; and
       (2) by striking ``Marine Corps, the naval shipyards, or'' 
     both places it appears and inserting ``naval shipyards or''.

     SEC. 353. COMPLETION AND EVALUATION OF CURRENT DEMONSTRATION 
                   PROGRAMS TO IMPROVE QUALITY OF PERSONAL 
                   PROPERTY SHIPMENTS OF MEMBERS.

       (a) Completion.--The Secretary of Defense shall conduct to 
     completion all demonstration programs in the Department of 
     Defense that were designed to improve the movement of 
     household goods of members of the Armed Forces and were being 
     conducted or authorized as of October 1, 2000,
       (b) Evaluation.--Not later than August 31, 2002, the 
     Secretary of Defense shall submit to Congress a report 
     evaluating whether the demonstration programs referred to in 
     subsection (a), as implemented, satisfy the goals (as 
     contained in the General Accounting Report NSIAD 97-49) for 
     such demonstration programs previously agreed upon between 
     the Department of Defense and representatives of private 
     sector entities involved in the transportation of household 
     goods for members of the Armed Forces.
       (c) Interim Reports.--Not later than January 15, 2002, and 
     April 15, 2002, the Secretary shall submit to Congress 
     interim reports regarding the progress of the demonstration 
     programs referred to in subsection (a).

     SEC. 354. EXPANSION OF ENTITIES ELIGIBLE FOR LOAN, GIFT, AND 
                   EXCHANGE OF DOCUMENTS, HISTORICAL ARTIFACTS, 
                   AND OBSOLETE COMBAT MATERIEL.

       Section 2572(a)(1) of title 10, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, county, or other political subdivision of a 
     State''.

                 Subtitle G--Service Contracting Reform

     SEC. 361. SHORT TITLE.

       This subtitle may be cited as the ``Department of Defense 
     Service Contracting Reform Act of 2001''.

     SEC. 362. REQUIRED COST SAVINGS LEVEL FOR CHANGE OF FUNCTION 
                   TO CONTRACTOR PERFORMANCE.

       Section 2461(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5)(A) A commercial or industrial type function of the 
     Department of Defense may not be changed to performance by 
     the private sector unless, as a result of the cost comparison 
     examination required under paragraph (3)(A), that employed 
     the most efficient organization process described in Office 
     of Management and Budget Circular A-76 or any successor 
     administrative regulation or policy, at least a 10-percent 
     cost savings would be achieved by performance of the function 
     by the private sector over the term of the contract.
       ``(B) The cost savings requirement specified in 
     subparagraph (A) does not apply to any contracts for special 
     studies and analyses, construction services, architectural 
     services, engineering services, medical services, scientific 
     and technical services related to (but not in support of) 
     research and development, and depot-level maintenance and 
     repair services.
       ``(C) The Secretary of Defense may waive the cost savings 
     requirement if--
       ``(i) the written waiver is prepared by the Secretary of 
     Defense, or the relevant Assistant Secretary or agency head; 
     and
       ``(ii) the written waiver is accompanied by a detailed 
     determination that national security interests are so 
     compelling as to preclude compliance with the requirement for 
     a cost comparison examination.
       ``(D) The Secretary of Defense shall publish a copy of the 
     waiver in the Federal Register.''.

     SEC. 363. APPLICABILITY OF STUDY AND REPORTING REQUIREMENTS 
                   TO NEW COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS.

       (a) New Functions.--Section 2461(a) of title 10, United 
     States Code, is amended--
       (1) by striking ``Change in Performance.--'' and inserting 
     ``Change in or Initiation of Performance.--(1)''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) In the case of a commercial or industrial type 
     function of the Department of Defense not previously 
     performed by Department of Defense civilian employees or a 
     contractor, the performance of the function by the private 
     sector may not be initiated until--
       ``(A) the Secretary of Defense conducts a cost comparison 
     examination that employs the most efficient organization 
     process described in Office of Management and Budget Circular 
     A-76, and its supplemental handbook or any successor 
     administrative regulation or policy; and
       ``(B) a determination is made that performance of the 
     function by the private sector would be less costly over the 
     term of the contract than performance by Department of 
     Defense civilian employees during that same period.
       ``(3) This subsection does not apply to the following 
     contracts:
       ``(A) A contract between the Department of Defense and the 
     private sector for work with a contract value of less than 
     $1,000,000 so long as the work was not divided, modified, or 
     in any way changed for the purpose of avoiding the 
     requirements of this section.
       ``(B) A contract for special studies and analyses, 
     construction services, architectural services, engineering 
     services, medical services, scientific and technical services 
     related to (but not in support of) research and development, 
     and depot-level maintenance and repair services.
       ``(4) The Secretary of Defense may waive the applicability 
     of this section if--
       ``(A) the written waiver is prepared by the Secretary of 
     Defense, or the relevant Assistant Secretary or agency head; 
     and
       ``(B) the written waiver is accompanied by a detailed 
     determination that--
       ``(i) there is no reasonable expectation that civilian 
     employees would win a public-private competition for the 
     function; and
       ``(ii) the issuance of a waiver would not serve to reduce 
     significantly the level of or quality of competition in the 
     future award or performance of work.
       ``(5) The Secretary of Defense shall publish a copy of the 
     waiver in the Federal Register.''.
       (b) Minimal Levels of Public-Private Competition for New 
     Work.--(1) Notwithstanding the use of the waiver authority 
     provided in section 2461 of title 10, United States Code, as 
     amended by this section, not less than the percentage 
     specified in paragraph (2) of the total dollars expended 
     during a specified fiscal year for the performance by 
     contractors of commercial or industrial type functions of the 
     Department of Defense not previously performed by Department 
     of Defense civilian employees or the private sector (that are 
     not otherwise exempt from comparison under such section) 
     shall be expended for service contracts that are awarded 
     after the completion of cost comparison examinations.
       (2) The requirements of paragraph (1) apply as follows:
       (A) Not less than 10 percent, for fiscal year 2003.
       (B) Not less than 20 percent, for fiscal year 2004.
       (C) Not less than 30 percent, for fiscal year 2005.
       (c) Clerical Amendments.--(1) The heading of such section 
     2461 is amended to read as follows:

     ``Sec. 2461. Commercial or industrial type functions: 
       required studies and reports before conversion to, or 
       initiation of, contractor or civilian employee 
       performance''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 146 of title 10, United 
     States Code, is amended to read as follows:

``2461. Commercial or industrial type functions: required studies and 
              reports before conversion to, or initiation of, 
              contractor or civilian employee performance.''.

     SEC. 364. REPEAL OF WAIVER FOR SMALL FUNCTIONS.

       Section 2461 of title 10, United States Code, is amended by 
     striking subsection (d).

     SEC. 365. REQUIREMENT FOR EQUITY IN PUBLIC-PRIVATE 
                   COMPETITIONS.

       Section 2461 of title 10, United States Code, is amended by 
     inserting after subsection (c) the following new subsection:
       ``(d) Equity in Public-Private Competition.--(1) For any 
     fiscal year in which commercial or industrial type functions 
     of the Department of Defense performed by Department of 
     Defense civilian employees are studied for possible change to 
     private sector performance, the Secretary of Defense shall 
     subject approximately the same number of positions held by 
     non-Federal employees under contracts with the Department of 
     Defense to the same cost comparison examination described in 
     subsection (b)(3), subject to the completion of the terms of 
     those contracts.
       ``(2) To the extent possible, the Secretary of Defense 
     should, in complying with this subsection, select those 
     contract positions held by

[[Page 17389]]

     non-Federal employees under contracts with the Department of 
     Defense that are associated with commercial or industrial 
     type functions that are, or have been, performed at least in 
     part by Department of Defense civilian employees at any time 
     on or after October 1, 1980.
       ``(3) Notwithstanding any limitation on the number of 
     Department of Defense civilian employees established by law, 
     regulation, or policy, the Department of Defense may continue 
     to employ, or may hire, such civilian employees as are 
     necessary to perform functions acquired through the public-
     private competitions required by this subsection or any other 
     provision of this section.''.

     SEC. 366. REPORTING REQUIREMENTS REGARDING DEPARTMENT OF 
                   DEFENSE'S SERVICE CONTRACTOR WORKFORCE.

       (a) Imposition of Reporting Requirement.--(1) Chapter 146 
     of title 10, United States Code, is amended by inserting 
     after section 2461a the following new section:

     ``Sec. 2461b. Use of private sector to perform commercial or 
       industrial type function: contractor reporting requirements

       ``(a) Definitions.--In this section:
       ``(1) Contractor.--The term `contractor' includes a 
     subcontractor.
       ``(2) Secretary concerned.--The term `Secretary concerned' 
     includes the Secretary of Defense with respect to matters 
     concerning the Defense Agencies.
       ``(b) General Reporting Requirement.--The Secretary 
     concerned shall require each defense contractor to report to 
     secure websites established and maintained by the Defense 
     Agencies and military departments the same contractor direct 
     and indirect manhour and cost information collected by the 
     Department of the Army pursuant to part 668 of title 32, Code 
     of Federal Regulations, as in effect on December 26, 2000, in 
     terms of functions performed, appropriations funding the 
     contract, and identification of the subordinate 
     organizational elements within the Defense Agency or military 
     department directly overseeing the contractor performance. 
     The indirect information reported may comprise annualized 
     rates for an entire company, which are not apportioned by 
     specific contracts.
       ``(c) Assignment of Reporting Responsibility.--The Defense 
     Agency or military department containing the major 
     organizational element receiving or reviewing the work 
     performed by a defense contractor shall be responsible for 
     collecting the data required by this section, even where all 
     or part of the contracted work is funded by appropriations 
     not controlled by the Secretary concerned. If the Defense 
     Agency or military department containing the major 
     organizational element receiving or reviewing the work 
     performed by the contractor is different from the Defense 
     Agency or military department containing the contracting 
     activity, the Secretary concerned shall ensure that the 
     contractor reports the required information to the Defense 
     Agency or military department containing the major 
     organizational element receiving or reviewing the work 
     performed by the contractor.
       ``(d) Timing of Contractor Reporting to Assure Data 
     Quality.--The Secretary concerned shall require contractors 
     to report the information described in subsection (c) to the 
     secure web-site contemporaneous with submission of a request 
     for payment (for example, voucher, invoice, or request for 
     progress payment) or not later than quarterly.
       ``(e) Contract Requirement Effective Date.--The Secretary 
     concerned shall include the reporting requirement described 
     in this section in each contract solicitation issued, 
     contract awarded, and bilateral modification of an existing 
     contract executed, by the Secretary concerned after October 
     1, 2001.
       ``(f) Contractor Self-Exemption.--The Secretary concerned 
     shall exempt a contractor from the data collection 
     requirement imposed by this section if the contractor 
     certifies in writing that the contractor does not have an 
     internal system for aggregating billable hours in the direct 
     or indirect pools, or an internal payroll accounting system, 
     and does not otherwise have to ever provide this information 
     to the Government. A contractor may not claim an exemption on 
     the sole basis that the contractor is a foreign contractor, 
     that services are provided pursuant to a firm fixed price or 
     time and materials contract or similar instrument, that the 
     payroll system of the contractor is performed by another 
     person, or that the contractor has too many subcontractors. 
     The validity of this certification is the only requirement in 
     this section subject to audit and verification by the 
     Secretary concerned.
       ``(g) Report to Congress and Comptroller General Actions.--
     The Secretary concerned shall submit the information 
     collected under subsection (c) to Congress not later than 
     October 1 of each year for the prior fiscal year. Not later 
     than April 1 of each year, the Comptroller General will 
     review the information submitted for the prior fiscal year to 
     assess compliance with this section and the effectiveness of 
     Department of Defense initiatives to integrate this 
     information into its budgeting process.
       ``(h) Publication of Reports.--After completion of the 
     Comptroller General review under subsection (h), the 
     Secretary concerned shall take steps to make the 
     nonproprietary compilations of the data public on web sites, 
     using the publication standard expressed by the Department of 
     the Army in part 668 of title 32, Code of Federal 
     Regulations.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2461a the following new item:

``2461b. Use of private sector to perform commercial or industrial type 
              function: contractor reporting requirements.''.
       (b) Effective Date.--Section 2461b of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2001.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       The Armed Forces are authorized strengths for active duty 
     personnel as of September 30, 2002, as follows:
       (1) The Army, 480,000.
       (2) The Navy, 376,000.
       (3) The Marine Corps, 172,600.
       (4) The Air Force, 358,800.

     SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

       (a) Revised End Strength Floors.--Section 691(b) of title 
     10, United States Code, is amended--
       (1) in paragraph (2), by striking ``372,000'' and inserting 
     ``376,000''; and
       (2) in paragraph (4), by striking ``357,000'' and inserting 
     ``358,800''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2001, or the date of the 
     enactment of this Act, whichever is later.

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

       (a) In General.--The Armed Forces are authorized strengths 
     for Selected Reserve personnel of the reserve components as 
     of September 30, 2002, as follows:
       (1) The Army National Guard of the United States, 350,000.
       (2) The Army Reserve, 205,000.
       (3) The Naval Reserve, 87,000.
       (4) The Marine Corps Reserve, 39,558.
       (5) The Air National Guard of the United States, 108,400.
       (6) The Air Force Reserve, 74,700.
       (7) The Coast Guard Reserve, 8,000.
       (b) Adjustments.--The end strengths prescribed by 
     subsection (a) for the Selected Reserve of any reserve 
     component shall be proportionately reduced by--
       (1) the total authorized strength of units organized to 
     serve as units of the Selected Reserve of such component 
     which are on active duty (other than for training) at the end 
     of the fiscal year; and
       (2) the total number of individual members not in units 
     organized to serve as units of the Selected Reserve of such 
     component who are on active duty (other than for training or 
     for unsatisfactory participation in training) without their 
     consent at the end of the fiscal year.

     Whenever such units or such individual members are released 
     from active duty during any fiscal year, the end strength 
     prescribed for such fiscal year for the Selected Reserve of 
     such reserve component shall be proportionately increased by 
     the total authorized strengths of such units and by the total 
     number of such individual members.

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

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 2002, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 22,974.
       (2) The Army Reserve, 13,108.
       (3) The Naval Reserve, 14,811.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 11,591.
       (6) The Air Force Reserve, 1,437.

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

       The minimum number of military technicians (dual status) as 
     of the last day of fiscal year 2002 for the reserve 
     components of the Army and the Air Force (notwithstanding 
     section 129 of title 10, United States Code) shall be the 
     following:
       (1) For the Army National Guard of the United States, 
     23,128.
       (2) For the Army Reserve, 5,999.
       (3) For the Air National Guard of the United States, 
     22,422.
       (4) For the Air Force Reserve, 9,818.

     SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STATUS 
                   TECHNICIANS.

       (a) Limitation.--The number of non-dual status technicians 
     employed by the reserve components of the Army and the Air 
     Force as of September 30, 2002, may not exceed the following:
       (1) For the Army Reserve, 1,095.
       (2) For the Army National Guard of the United States, 
     1,600.
       (3) For the Air Force Reserve, 90.
       (4) For the Air National Guard of the United States, 350.
       (b) Non-Dual Status Technicians Defined.--In this section, 
     the term ``non-dual status technician'' has the meaning given 
     that term in section 10217(a) of title 10, United States 
     Code.

     SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PERSONNEL SERVING 
                   ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY 
                   IN CERTAIN GRADES FOR ADMINISTRATION OF RESERVE 
                   COMPONENTS.

       (a) Officers.--The text of section 12011 of title 10, 
     United States Code, is amended to read as follows:

[[Page 17390]]

       ``(a) Limitations.--(1) Of the total number of members of a 
     reserve component who are serving on full-time reserve 
     component duty at the end of any fiscal year, the number of 
     those members who may be serving in each of the grades of 
     major, lieutenant colonel, and colonel may not, as of the end 
     of that fiscal year, exceed the number determined in 
     accordance with the following table:


----------------------------------------------------------------------------------------------------------------
                                                         Number of officers of that reserve component who may be
                                                                        serving in the grade of:
   ``Total number of members of a reserve component    ---------------------------------------------------------
     serving on full-time reserve component duty:                              Lieutenant
                                                              Major             Colonel             Colonel
----------------------------------------------------------------------------------------------------------------
Army Reserve:
10,000................................................              1,390                740             230
11,000................................................              1,529                803             242
12,000................................................              1,668                864             252
13,000................................................              1,804                924             262
14,000................................................              1,940                984             272
15,000................................................              2,075              1,044             282
16,000................................................              2,210              1,104             291
17,000................................................              2,345              1,164             300
18,000................................................              2,479              1,223             309
19,000................................................              2,613              1,282             318
20,000................................................              2,747              1,341             327
21,000................................................              2,877              1,400              336
 
Army National Guard:
20,000................................................              1,500                850             325
22,000................................................              1,650                930             350
24,000................................................              1,790              1,010             370
26,000................................................              1,930              1,085             385
28,000................................................              2,070              1,160             400
30,000................................................              2,200              1,235             405
32,000................................................              2,330              1,305             408
34,000................................................              2,450              1,375             411
36,000................................................              2,570              1,445             411
38,000................................................              2,670              1,515             411
40,000................................................              2,770              1,580             411
42,000................................................              2,837              1,644             411
 
Marine Corps Reserve:
1,100.................................................                106                 56              20
1,200.................................................                110                 60              21
1,300.................................................                114                 63              22
1,400.................................................                118                 66              23
1,500.................................................                121                 69              24
1,600.................................................                124                 72              25
1,700.................................................                127                 75              26
1,800.................................................                130                 78              27
1,900.................................................                133                 81              28
2,000.................................................                136                 84              29
2,100.................................................                139                 87              30
2,200.................................................                141                 90              31
2,300.................................................                143                 92              32
2,400.................................................                145                 94              33
2,500.................................................                147                 96              34
2,600.................................................                149                 98              35
 
Air Force Reserve:
500...................................................                 83                 85              50
1,000.................................................                155                165              95
1,500.................................................                220                240             135
2,000.................................................                285                310             170
2,500.................................................                350                369             203
3,000.................................................                413                420             220
3,500.................................................                473                464             230
4,000.................................................                530                500             240
4,500.................................................                585                529             247
5,000.................................................                638                550             254
5,500.................................................                688                565             261
6,000.................................................                735                575             268
7,000.................................................                770                595             280

[[Page 17391]]

 
8,000.................................................                805                615             290
10,000................................................                835                635             300
 
Air National Guard:
5,000.................................................                333                335             251
6,000.................................................                403                394             260
7,000.................................................                472                453             269
8,000.................................................                539                512             278
9,000.................................................                606                571             287
10,000................................................                673                630             296
11,000................................................                740                688             305
12,000................................................                807                742             314
13,000................................................                873                795             323
14,000................................................                939                848             332
15,000................................................              1,005                898             341
16,000................................................              1,067                948             350
17,000................................................              1,126                998             359
18,000................................................              1,185              1,048             368
19,000................................................              1,235              1,098             377
20,000................................................              1,283              1,148              380.
----------------------------------------------------------------------------------------------------------------

       ``(2) Of the total number of members of the Naval Reserve 
     who are serving on full-time reserve component duty at the 
     end of any fiscal year, the number of those members who may 
     be serving in each of the grades of lieutenant commander, 
     commander, and captain may not, as of the end of that fiscal 
     year, exceed the number determined in accordance with the 
     following table:


----------------------------------------------------------------------------------------------------------------
                                                         Number of officers who may be serving in the grade of:
 ``Total number of members of Naval Reserve serving on ---------------------------------------------------------
           full-time reserve component duty                 Lieutenant
                                                            commander          Commander            Captain
----------------------------------------------------------------------------------------------------------------
10,000................................................                807                447             141
11,000................................................                867                467             153
12,000................................................                924                485             163
13,000................................................                980                503             173
14,000................................................              1,035                521             183
15,000................................................              1,088                538             193
16,000................................................              1,142                555             203
17,000................................................              1,195                565             213
18,000................................................              1,246                575             223
19,000................................................              1,291                585             233
20,000................................................              1,334                595             242
21,000................................................              1,364                603             250
22,000................................................              1,384                610             258
23,000................................................              1,400                615             265
24,000................................................              1,410                620              270.
----------------------------------------------------------------------------------------------------------------

       ``(b) Determinations by Interpolation.--If the total number 
     of members of a reserve component serving on full-time 
     reserve component duty is between any two consecutive numbers 
     in the first column of the appropriate table in paragraph (1) 
     or (2) of subsection (a), the corresponding authorized 
     strengths for each of the grades shown in that table for that 
     component are determined by mathematical interpolation 
     between the respective numbers of the two strengths. If the 
     total number of members of a reserve component serving on 
     full-time reserve component duty is more or less than the 
     highest or lowest number, respectively, set forth in the 
     first column of the appropriate table in paragraph (1) or (2) 
     of subsection (a), the Secretary concerned shall fix the 
     corresponding strengths for the grades shown in that table at 
     the same proportion as is reflected in the nearest limit 
     shown in the table.
       ``(c) Reallocations to Lower Grades.--Whenever the number 
     of officers serving in any grade for duty described in 
     subsection (a) is less than the number authorized for that 
     grade under this section, the difference between the two 
     numbers may be applied to increase the number authorized 
     under this section for any lower grade.
       ``(d) Secretarial Waiver.--(1) Upon determining that it is 
     in the national interest to do so, the Secretary of Defense 
     may increase for a particular fiscal year the number of 
     reserve officers that may be on full-time reserve component 
     duty for a reserve component in a grade referred to in a 
     table in subsection (a) by a number that does not exceed the 
     number equal to 5 percent of the maximum number specified for 
     the grade in that table.
       ``(2) Whenever the Secretary exercises the authority 
     provided in paragraph (1), the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives notice in 
     writing of the adjustment made.
       ``(e) Full-Time Reserve Component Duty Defined.--In this 
     section, the term `full-time reserve component duty' means 
     the following duty:
       ``(1) Active duty described in sections 10211, 10302, 
     10303, 10304, 10305, 12310, or 12402 of this title.
       ``(2) Full-time National Guard duty (other than for 
     training) under section 502(f) of title 32.
       ``(3) Active duty described in section 708 of title 32.''.
       (b) Senior Enlisted Members.--The text of section 12012 of 
     title 10, United States Code, is amended to read as follows:
       ``(a) Limitations.--Of the total number of members of a 
     reserve component who are serving on full-time reserve 
     component duty at the end of any fiscal year, the number of 
     those members in each of pay grades of 
     E-8 and E-9 who may be serving on active duty

[[Page 17392]]

     under section 10211 or 12310, or on full-time National Guard 
     duty under the authority of section 502(f) of title 32 (other 
     than for training) in connection with organizing, 
     administering, recruiting, instructing, or training the 
     reserve components or the National Guard may not, as of the 
     end of that fiscal year, exceed the number determined in 
     accordance with the following table:


------------------------------------------------------------------------
                                     Number of members of that reserve
  ``Total number of members of a    component who may be serving in the
reserve component serving on full-               grade of:
   time reserve component duty:   --------------------------------------
                                          E-8                 E-9
------------------------------------------------------------------------
Army Reserve:
10,000...........................              1,052             154
11,000...........................              1,126             168
12,000...........................              1,195             180
13,000...........................              1,261             191
14,000...........................              1,327             202
15,000...........................              1,391             213
16,000...........................              1,455             224
17,000...........................              1,519             235
18,000...........................              1,583             246
19,000...........................              1,647             257
20,000...........................              1,711             268
21,000...........................              1,775             278
Army National Guard:
20,000...........................              1,650             550
22,000...........................              1,775             615
24,000...........................              1,900             645
26,000...........................              1,945             675
28,000...........................              1,945             705
30,000...........................              1,945             725
32,000...........................              1,945             730
34,000...........................              1,945             735
36,000...........................              1,945             738
38,000...........................              1,945             741
40,000...........................              1,945             743
42,000...........................              1,945             743
Naval Reserve:
10,000...........................                340             143
11,000...........................                364             156
12,000...........................                386             169
13,000...........................                407             182
14,000...........................                423             195
15,000...........................                435             208
16,000...........................                447             221
17,000...........................                459             234
18,000...........................                471             247
19,000...........................                483             260
20,000...........................                495             273
21,000...........................                507             286
22,000...........................                519             299
23,000...........................                531             312
24,000...........................                540             325
Marine Corps Reserve:
1,100............................                 50              11
1,200............................                 55              12
1,300............................                 60              13
1,400............................                 65              14
1,500............................                 70              15
1,600............................                 75              16
1,700............................                 80              17
1,800............................                 85              18
1,900............................                 89              19
2,000............................                 93              20
2,100............................                 96              21
2,200............................                 99              22
2,300............................                101              23
2,400............................                103              24
2,500............................                105              25
2,600............................                107              26

[[Page 17393]]

 
Air Force Reserve:
500..............................                 75              40
1,000............................                145              75
1,500............................                208             105
2,000............................                270             130
2,500............................                325             150
3,000............................                375             170
3,500............................                420             190
4,000............................                460             210
4,500............................                495             230
5,000............................                530             250
5,500............................                565             270
6,000............................                600             290
7,000............................                670             330
8,000............................                740             370
10,000...........................                800             400
Air National Guard
5,000............................              1,020             405
6,000............................              1,070             435
7,000............................              1,120             465
8,000............................              1,170             490
9,000............................              1,220             510
10,000...........................              1,270             530
11,000...........................              1,320             550
12,000...........................              1,370             570
13,000...........................              1,420             589
14,000...........................              1,470             608
15,000...........................              1,520             626
16,000...........................              1,570             644
17,000...........................              1,620             661
18,000...........................              1,670             678
19,000...........................              1,720             695
20,000...........................              1,770              712.
------------------------------------------------------------------------

       ``(b) Determinations by Interpolation.--If the total number 
     of members of a reserve component serving on full-time 
     reserve component duty is between any two consecutive numbers 
     in the first column of the table in subsection (a), the 
     corresponding authorized strengths for each of the grades 
     shown in that table for that component are determined by 
     mathematical interpolation between the respective numbers of 
     the two strengths. If the total number of members of a 
     reserve component serving on full-time reserve component duty 
     is more or less than the highest or lowest number, 
     respectively, set forth in the first column of the table in 
     subsection (a), the Secretary concerned shall fix the 
     corresponding strengths for the grades shown in the table at 
     the same proportion as is reflected in the nearest limit 
     shown in the table.
       ``(c) Reallocations to Lower Grade.--Whenever the number of 
     officers serving in pay grade E-9 for duty described in 
     subsection (a) is less than the number authorized for that 
     grade under this section, the difference between the two 
     numbers may be applied to increase the number authorized 
     under this section for pay grade E-8.
       ``(d) Secretarial Waiver.--(1) Upon determining that it is 
     in the national interest to do so, the Secretary of Defense 
     may increase for a particular fiscal year the number of 
     reserve enlisted members that may be on active duty or full-
     time National Guard duty as described in subsection (a) for a 
     reserve component in a pay grade referred to in a table in 
     subsection (a) by a number that does not exceed the number 
     equal to 5 percent of the maximum number specified for that 
     grade and reserve component in the table.
       ``(2) Whenever the Secretary exercises the authority 
     provided in paragraph (1), the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives notice in 
     writing of the adjustment made.
       ``(e) Full-Time Reserve Component Duty Defined.--In this 
     section, the term `full-time reserve component duty' has the 
     meaning given the term in section 12011(e) of this title.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2001, or the date of the 
     enactment of this Act, whichever is later.

       Subtitle C--Other Matters Relating to Personnel Strengths

     SEC. 421. INCREASE IN PERCENTAGE BY WHICH ACTIVE COMPONENT 
                   END STRENGTHS FOR ANY FISCAL YEAR MAY BE 
                   INCREASED.

       (a) Increase.--Section 115(c)(1) of title 10, United States 
     Code, is amended by striking ``1 percent'' and inserting ``2 
     percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2001, or the date of the 
     enactment of this Act, whichever is later.

     SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR NATIONAL 
                   GUARD AND RESERVE PERSONNEL PERFORMING FUNERAL 
                   HONORS FUNCTIONS.

       Section 115(d) of title 10, United States Code, is amended 
     by adding at the end the following new paragraphs:
       ``(10) Members of reserve components on active duty to 
     prepare for and to perform funeral honors functions for 
     funerals of veterans in accordance with section 1491 of this 
     title.
       ``(11) Members on full-time National Guard duty to prepare 
     for and perform funeral honors functions for funerals of 
     veterans in accordance with section 1491 of this title.''.

     SEC. 423. INCREASE IN AUTHORIZED STRENGTHS FOR AIR FORCE 
                   OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR.

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


[[Page 17394]]


            ``9,861
            10,727
            11,593
            12,460
            13,326
            14,192
            15,058
            15,925
            16,792
            17,657
            18,524
            19,389
            20,256
            21,123
            21,989
            22,855
            23,721
            24,588
            25,454''.

              Subtitle D--Authorization of Appropriations

     SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY 
                   PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     2002 a total of $82,279,101,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2002.

                   TITLE V--MILITARY PERSONNEL POLICY

          Subtitle A--General Personnel Management Authorities

     SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF SENIOR 
                   GENERAL AND FLAG OFFICER POSITIONS.

       (a) Repeal of Limit on Number of Officers on Active Duty in 
     Grades of General and Admiral.--Section 528 of title 10, 
     United States Code, is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 32 of such title is amended by striking 
     the item relating to section 528.

     SEC. 502. ORIGINAL APPOINTMENTS IN REGULAR GRADES FOR ACADEMY 
                   GRADUATES AND CERTAIN OTHER NEW OFFICERS.

       (a) Repeal of Requirement for One Year of Active Duty in a 
     Reserve Grade.--Section 532(e) of title 10, United States 
     Code, is repealed.
       (b) Military Academy Graduates.--Section 4353(b) of such 
     title is amended to read as follows:
       ``(b) A cadet who completes the prescribed course of 
     instruction, is qualified for an original appointment in a 
     regular component under section 532 of this title, and meets 
     such other criteria for appointment as a commissioned officer 
     in the Army as may be prescribed by the Secretary of the Army 
     shall, upon graduation, be appointed a second lieutenant in 
     the Regular Army under section 531 of this title, unless 
     appointed under that section in a regular component of one of 
     the other armed forces in accordance with section 541 of this 
     title.''.
       (c) Naval Academy Graduates.--Section 6967 of such title is 
     amended--
       (1) by inserting ``(a)'' before ``Under regulations''; and
       (2) by adding at the end the following:
       ``(b) A midshipman who completes the prescribed course of 
     instruction, is qualified for an original appointment in a 
     regular component under section 532 of this title, and meets 
     such other criteria for appointment as a commissioned officer 
     in the naval service as may be prescribed by the Secretary of 
     the Navy shall, upon graduation, be appointed an ensign in 
     the Regular Navy or a second lieutenant in the Regular Marine 
     Corps under section 531 of this title, unless appointed under 
     that section in a regular component of one of the other armed 
     forces in accordance with section 541 of this title.''.
       (d) Air Force Academy Graduates.--Section 9353(b) of such 
     title is amended to read as follows:
       ``(b) A cadet who completes the prescribed course of 
     instruction, is qualified for an original appointment in a 
     regular component under section 532 of this title, and meets 
     such other criteria for appointment as a commissioned officer 
     in the Air Force as may be prescribed by the Secretary of the 
     Air Force shall, upon graduation, be appointed a second 
     lieutenant in the Regular Air Force under section 531 of this 
     title, unless appointed under that section in a regular 
     component of one of the other armed forces in accordance with 
     section 541 of this title.''.
       (e) ROTC Distinguished Graduates.--Section 2106(a) of such 
     title is amended by adding at the end the following new 
     sentence: ``However, a member of the program selected for an 
     appointment under this section who, under regulations 
     prescribed by the Secretary of the military department 
     concerned, is designated or selected as a Distinguished 
     Graduate (or the equivalent) shall be appointed as a regular 
     officer.''.
       (f) Other Commissioning Programs.--(1) Chapter 33 of such 
     title is amended by adding at the end the following new 
     section:

     ``Sec. 542. Distinguished Graduates of officer commissioning 
       programs other than service academies and ROTC

       ``A person who is selected for an original appointment as a 
     commissioned officer in the Army, Navy, Air Force, or Marine 
     Corps as a result of satisfactory completion of an officer 
     commissioning program other than the course of instruction at 
     one of the service academies named in section 541 of this 
     title or the Senior Reserve Officers' Training Corps program 
     and who, under regulations prescribed by the Secretary of the 
     military department concerned, is designated or selected as a 
     Distinguished Graduate of that program (or the equivalent) 
     shall be appointed as a regular officer.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``542. Distinguished Graduates of officer commissioning programs other 
              than service academies and ROTC.''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect on May 1, 2002.

     SEC. 503. TEMPORARY REDUCTION OF TIME-IN-GRADE REQUIREMENT 
                   FOR ELIGIBILITY FOR PROMOTION FOR CERTAIN 
                   ACTIVE-DUTY LIST OFFICERS IN GRADES OF FIRST 
                   LIEUTENANT AND LIEUTENANT (JUNIOR GRADE).

       (a) Authority.--Subsection (a) of section 619 of title 10, 
     United States Code, is amended--
       (1) in paragraph (1)(B), by inserting before the period at 
     the end the following: ``, or such shorter period as may be 
     in effect under paragraph (6)''; and
       (2) by adding at the end the following new paragraph:
       ``(6)(A) When the needs of the service require, the 
     Secretary of the military department concerned may reduce to 
     eighteen months the period of service in grade applicable for 
     purposes of paragraph (1)(B) in the case of officers who are 
     serving in a position that is authorized for officers in the 
     grade of captain or, in the case of the Navy, lieutenant.
       ``(B) If the Secretary of the military department concerned 
     uses the authority provided in subparagraph (A), the number 
     of captains or, in the case of the Navy, lieutenants on the 
     active-duty list may not exceed the number of positions for 
     which officers in that grade are authorized by more than one 
     percent.
       ``(C) The authority under subparagraph (A) and the 
     limitation under subparagraph (B) expire on September 30, 
     2005.''.
       (b) Stylistic Amendments.--Such section is further amended 
     as follows:
       (1) Subsection (a) is amended by striking ``(a)(1)'' and 
     inserting ``(a) Time-in-Grade Requirements.--(1)''.
       (2) Subsection (b) is amended by striking ``(b)(1)'' and 
     inserting ``(b) Continued Eligibility for Consideration for 
     Promotion of Officers Who Have Previously Failed of 
     Selection.--(1)''.
       (3) Subsection (c) is amended by striking ``(c)(1)'' and 
     inserting ``(c) Officers To Be Considered by Promotion 
     Boards.--(1)''.
       (4) Subsection (d) is amended by inserting ``Certain 
     Officers Not To Be Considered.--'' after ``(d)''.
       (c) Technical Amendment.--Subsection (a)(4) of such section 
     is amended by striking ``clause (A)'' and inserting 
     ``subparagraph (A)''.

     SEC. 504. INCREASE IN SENIOR ENLISTED ACTIVE DUTY GRADE LIMIT 
                   FOR NAVY, MARINE CORPS, AND AIR FORCE.

       (a) Members in Pay Grade E-8.--Section 517(a) of title 10, 
     United States Code, is amended by striking ``2 percent (or, 
     in the case of the Army, 2.5 percent)'' and inserting ``2.5 
     percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2001, or the date of the 
     enactment of this Act, whichever is later.

     SEC. 505. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL 
                   DEFERMENT OF MANDATORY RETIREMENT OR 
                   SEPARATION.

       The text of section 640 of title 10, United States Code, is 
     amended to read as follows:
       ``(a) If the Secretary of the military department concerned 
     determines that the evaluation of the physical condition of 
     an officer and determination of the officer's entitlement to 
     retirement or separation for physical disability require 
     hospitalization or medical observation and that such 
     hospitalization or medical observation cannot be completed 
     with confidence in a manner consistent with the member's well 
     being before the date on which the officer would otherwise be 
     required to retire or be separated under this title, the 
     Secretary may defer the retirement or separation of the 
     officer under this title.
       ``(b) A deferral of retirement or separation under 
     subsection (a) may not extend for more than 30 days after 
     completion of the evaluation requiring hospitalization or 
     medical observation.''.

     SEC. 506. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE DUTY OF 
                   MEMBERS SUBJECT TO MANDATORY RETIREMENT OR 
                   SEPARATION.

       (a) Section 12305 Stop-Loss Authority.--Section 12305 of 
     title 10, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(c) Upon the termination of a suspension made under the 
     authority of subsection (a) of a provision of law otherwise 
     requiring the separation or retirement of officers on active 
     duty because of age, length of service or length of service 
     in grade, or failure of selection for promotion, the 
     Secretary concerned shall extend by up to 90 days the 
     otherwise required separation or retirement date of any 
     officer covered by the suspended provision whose separation 
     or retirement date, but for the suspension, would have been 
     before the date of the termination of the suspension or 
     within 90 days of the date of such termination.''.
       (b) Section 123 Stop-Loss Authority.--Section 123 of such 
     title is amended by adding at the end the following new 
     subsection:
       ``(d) Upon the termination of a suspension made under the 
     authority of subsection (a) of a provision of law otherwise 
     requiring the separation or retirement of officers on active 
     duty because of age, length of service or length of service 
     in grade, or failure of selection for promotion, the 
     Secretary concerned shall extend by

[[Page 17395]]

     up to 90 days the otherwise required separation or retirement 
     date of any officer covered by the suspended provision whose 
     separation or retirement date, but for the suspension, would 
     have been before the date of the termination of the 
     suspension or within 90 days of the date of such 
     termination.''.

     SEC. 507. CLARIFICATION OF DISABILITY SEVERANCE PAY 
                   COMPUTATION.

       (a) Clarification.--Section 1212(a)(2) of title 10, United 
     States Code, is amended by striking ``for promotion'' in 
     subparagraph (C) and the first place it appears in 
     subparagraph (D).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to members separated under section 
     1203 or 1206 of title 10, United States Code, on or after 
     date of the enactment of this Act.

     SEC. 508. OFFICER IN CHARGE OF UNITED STATES NAVY BAND.

       (a) Detail and Grade.--Section 6221 of title 10, United 
     States Code, is amended to read as follows:

     Sec. 6221. United States Navy Band; officer in charge

       ``(a) There is a Navy band known as the United States Navy 
     Band.
       ``(b) An officer of the Navy designated for limited duty 
     under section 5589 or 5596 of this title who is serving in a 
     grade not below lieutenant commander may be detailed by the 
     Secretary of the Navy as Officer in Charge of the United 
     States Navy Band. While so serving, an officer so detailed 
     shall hold the grade of captain if recommended by the 
     Secretary of the Navy for appointment to that grade and 
     appointed to that grade by the President, by and with the 
     advice and consent of the Senate. Such an appointment may be 
     made notwithstanding section 5596(d) of this title.''.
       (b) Clerical Amendment.--The item relating to section 6221 
     in the table of sections at the beginning of chapter 565 of 
     such title is amended to read as follows:

``6221. United States Navy Band; officer in charge.''.

     SEC. 509. ONE-YEAR EXTENSION OF EXPIRATION DATE FOR CERTAIN 
                   FORCE MANAGEMENT AUTHORITIES.

       (a) Early Retirement Authority for Active Force Members.--
     Section 4403(i) of the National Defense Authorization Act for 
     Fiscal Year 1993 (10 U.S.C. 1293 note) is amended by striking 
     ``December 31, 2001'' and inserting ``December 31, 2002''.
       (b) SSB and VSI.--Sections 1174a(h)(1) and 1175(d)(3) of 
     title 10, United States Code, are amended by striking 
     ``December 31, 2001'' and inserting ``December 31, 2002''.
       (c) Selective Early Retirement Boards.--Section 638a(a) of 
     such title is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (d) Time-in-Grade Requirement for Retention of Grade Upon 
     Voluntary Retirement.--Section 1370 of such title is amended 
     by striking ``December 31, 2001'' in subsections (a)(2)(A) 
     and (d)(5) and inserting ``December 31, 2002''.
       (e) Minimum Commissioned Service for Voluntary Retirement 
     as an Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of 
     such title are amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (f) Travel, Transportation, and Storage Benefits.--Sections 
     404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and 
     406(g)(1)(C) of title 37, United States Code, and section 
     503(c)(1) of the National Defense Authorization Act for 
     Fiscal Year 1991 (37 U.S.C. 406 note) are amended by striking 
     ``December 31, 2001'' and inserting ``December 31, 2002''.
       (g) Educational Leave for Public and Community Service.--
     Section 4463(f) of the National Defense Authorization Act for 
     Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by 
     striking ``December 31, 2001'' and inserting ``December 31, 
     2002''.
       (h) Transitional Health Benefits.--Subsections (a)(1), 
     (c)(1), and (e) of section 1145 of title 10, United States 
     Code, are amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (i) Transitional Commissary and Exchange Benefits.--Section 
     1146 of such title is amended by striking ``December 31, 
     2001'' both places it appears and inserting ``December 31, 
     2002''.
       (j) Transitional Use of Military Housing.--Paragraphs (1) 
     and (2) of section 1147(a) of such title are amended by 
     striking ``December 31, 2001'' and inserting ``December 31, 
     2002''.
       (k) Continued Enrollment of Dependents in Defense 
     Dependents' Education System.--Section 1407(c)(1) of the 
     Defense Dependents' Education Act of 1978 (20 U.S.C. 
     926(c)(1)) is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (l) Force Reduction Transition Period Defined for Certain 
     Guard and Reserve Benefits.--Section 4411 of the National 
     Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 
     12681 note) is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (m) Retired Pay for Non-Regular Service.--Sections 12731(f) 
     and 12731a(b) of title 10, United States Code, are amended by 
     striking ``December 31, 2001'' and inserting ``December 31, 
     2002''.
       (n) Affiliation With Guard and Reserve Units; Waiver of 
     Certain Limitations.--Section 1150(a) of such title is 
     amended by striking ``December 31, 2001'' and inserting 
     ``December 31, 2002''.
       (o) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of 
     such title is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.

             Subtitle B--Reserve Component Personnel Policy

     SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN RESERVE 
                   OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE 
                   YEARS OR LESS.

       (a) Clarification of Exemption.--Section 641(1)(D) of title 
     10, United States Code, is amended to read as follows:
       ``(D) on active duty under section 12301(d) of this title, 
     other than as provided under subparagraph (C), if the call or 
     order to active duty, under regulations prescribed by the 
     Secretary concerned, specifies a period of three years or 
     less and continued placement on the reserve active-status 
     list;''.
       (b) Retroactive Application.--(1) The Secretary of the 
     military department concerned may provide that an officer who 
     was excluded from the active-duty list under section 
     641(1)(D) of title 10, United States Code, as amended by 
     section 521 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-108), shall be 
     considered to have been on the active-duty list during the 
     period beginning on the date on which the officer was so 
     excluded and ending on the date of the enactment of this Act.
       (2) The Secretary of the military department concerned may 
     provide that a Reserve officer who was placed on the active-
     duty list on or after October 30, 1997, shall be placed on 
     the reserve active-status list if the officer otherwise meets 
     the conditions specified in section 641(1)(D) of title 10, 
     United States Code, as amended by subsection (a).

     SEC. 512. EXPANDED APPLICATION OF RESERVE SPECIAL SELECTION 
                   BOARDS.

       (a) Special Selection Board for Below-the-Zone 
     Consideration.--Section 14502 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)(1), by striking ``from in or above 
     the promotion zone'';
       (2) in subsection (a)(3), by inserting ``for selection for 
     promotion from in or above the promotion zone'' after ``for 
     consideration''; and
       (3) in subsection (b)(1), by striking ``from in or above 
     the promotion zone''.
       (b) Technical Amendment.--Subsection (b)(1) of such section 
     is amended by striking ``under this chapter by a selection 
     board'' and inserting ``by a promotion board convened under 
     section 14101(a) of this title''.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply to any Reserve officer who was not considered for 
     promotion because of administrative error, or was considered 
     for promotion but not selected because of material error, 
     under part III of subtitle E of title 10, United States Code, 
     on or after October 1, 1996.

     SEC. 513. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR 
                   APPOINTMENT OF RESERVE OFFICERS TO GRADES ABOVE 
                   FIRST LIEUTENANT.

       Section 12205(b) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (2) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) The appointment to a grade in the Army Reserve of a 
     person whose original appointment as an officer in the Army 
     Reserve was through the Officer Candidate School program and 
     who immediately before that original appointment was an 
     enlisted member on active duty.''.

     SEC. 514. IMPROVED DISABILITY BENEFITS FOR CERTAIN RESERVE 
                   COMPONENT MEMBERS.

       (a) Medical and Dental Care.--Sections 1074a(a)(3) and 
     1076(a)(2)(C) of title 10, United States Code, are each 
     amended by striking ``, if the'' and all that follows through 
     ``member's residence''.
       (b) Eligibility for Disability Retirement 
     or Separation.--Sections 1204(2)(B)(iii) and 1206(2)(B)(iii) 
     of title 10, United States Code, are each amended by striking 
     ``, if the'' and all that follows through ``member's 
     residence''.
       (c) Recovery, Care, and Disposition of Remains.--Section 
     1481(a)(2)(D) of title 10, United States Code, is amended by 
     striking ``, if the site is outside reasonable commuting 
     distance from the member's residence''.
       (d) Pay.--Sections 204(g)(1)(D), 204(h)(1)(D), and 
     206(a)(3)(C) of title 37, United States Code, are each 
     amended by striking ``, if the site is outside reasonable 
     commuting distance from the member's residence''.

     SEC. 515. TIME-IN-GRADE REQUIREMENT FOR RESERVE COMPONENT 
                   OFFICERS WITH A NONSERVICE CONNECTED 
                   DISABILITY.

       Section 1370(d)(3)(B) of title 10, United States Code, is 
     amended to read as follows:
       ``(B) A person covered by subparagraph (A) who has 
     completed at least six months of satisfactory service in 
     grade may be credited with satisfactory service in the grade 
     in which serving at the time of transfer or discharge, 
     notwithstanding failure of the person to complete three years 
     of service in that grade, if that person--
       ``(i) is transferred from an active status or discharged as 
     a reserve commissioned officer solely due to the requirements 
     of a nondiscretionary provision of law requiring that 
     transfer or discharge due to the person's age or years of 
     service; or
       ``(ii) is retired under chapter 1223 of this title because 
     the person no longer meets the qualification for membership 
     in the Ready Reserve solely because of a physical disability, 
     as determined, at a minimum, by a medical evaluation 
     board.''.

[[Page 17396]]



     SEC. 516. RESERVE MEMBERS CONSIDERED TO BE DEPLOYED FOR 
                   PURPOSES OF PERSONNEL TEMPO MANAGEMENT.

       Section 991(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``active'' before ``service''; and
       (B) by adding at the end the following: ``For the purpose 
     of applying the preceding sentence to a member of a reserve 
     component performing active service, the housing in which the 
     member resides when on garrison duty at the member's 
     permanent duty station or homeport, as the case may be, shall 
     be considered to be either the housing the member normally 
     occupies when on garrison duty or the member's permanent 
     civilian residence.'';
       (2) by striking paragraph (2);
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (4) in paragraph (3) (as so redesignated), by striking ``in 
     paragraphs (1) and (2)'' and inserting ``in paragraph (1)''.

     SEC. 517. FUNERAL HONORS DUTY PERFORMED BY RESERVE AND GUARD 
                   MEMBERS TO BE TREATED AS INACTIVE-DUTY TRAINING 
                   FOR CERTAIN PURPOSES.

       (a) Reserve Members.--Section 12503(a) of title 10, United 
     States Code, is amended by adding at the end the following 
     new sentence: ``Performance of funeral honors duty by a 
     Reserve not on active duty shall be treated as inactive-duty 
     training (including with respect to travel to and from such 
     duty) for purposes of any provision of law other than 
     sections 206 and 435 of title 37.''.
       (b) National Guard Members.--Section 115(a) of title 32, 
     United States Code, is amended by adding at the end the 
     following new sentence: ``Performance of funeral honors duty 
     by such a member not on active duty or full-time National 
     Guard duty shall be treated as inactive-duty training 
     (including with respect to travel to and from such duty) for 
     purposes of any provision of law other than sections 206 and 
     435 of title 37.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to funeral honors duty performed on or after 
     October 30, 2000.

     SEC. 518. MEMBERS OF THE NATIONAL GUARD PERFORMING FUNERAL 
                   HONORS DUTY WHILE IN NON-FEDERAL STATUS.

       Section 1491(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(3) A member of the Army National Guard of the United 
     States or the Air National Guard of the United States who 
     serves as a member of a funeral honors detail while in a duty 
     status authorized under State law shall be considered to be a 
     member of the armed forces for the purposes of the first 
     sentence of paragraph (2).''.

     SEC. 519. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY 
                   RESERVE MEMBERS AND NATIONAL GUARDSMEN.

       Section 6323(a)(1) of title 5, United States Code, is 
     amended by inserting ``funeral honors duty (as described in 
     section 12503 of title 10 and section 115 of title 32),'' 
     after ``(as defined in section 101 of title 37),''.

 Subtitle C--Joint Specialty Officers and Joint Professional Military 
                               Education

     SEC. 521. NOMINATIONS FOR JOINT SPECIALTY.

       Paragraph (2) of section 661(b) of title 10, United States 
     Code, is amended by striking ``The Secretaries'' and all that 
     follows through ``officers--'' and inserting ``Each officer 
     on the active-duty list on the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2002 who 
     has not before that date been nominated for the joint 
     specialty by the Secretary of a military department, and each 
     officer who is placed on the active-duty list after such 
     date, who meets the requirements of subsection (c) shall 
     automatically be considered to have been nominated for the 
     joint specialty. From among those officers considered to be 
     nominated for the joint specialty, the Secretary may select 
     for the joint specialty only officers--''.

     SEC. 522. JOINT DUTY CREDIT.

       Paragraph (4) of section 664(i) of title 10, United States 
     Code, is amended--
       (1) in subparagraph (E), by striking ``The'' and inserting 
     ``Except as provided in subparagraph (F), the''; and
       (2) by adding at the end the following new subparagraph:
       ``(F) Service in a temporary joint task force assignment 
     not involved in combat or combat-related operations may not 
     be credited for the purposes of joint duty, unless, and only 
     if--
       ``(i) the service of the officer and the nature of the 
     joint task force not only meet all criteria of this section, 
     except subparagraph (E), but also any additional criteria the 
     Secretary may establish;
       ``(ii) the Secretary has specifically approved the 
     operation conducted by the joint task force as one that 
     qualifies for joint service credit, and notifies Congress 
     upon each approval, providing the criteria that led to that 
     approval; and
       ``(iii) the operation is conducted by the joint task force 
     in an environment where an extremely fragile state of peace 
     and high potential for hostilities coexist.''.

     SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN 
                   CERTAIN JOINT TASK FORCES.

       (a) Authority.--In accordance with section 664(i) of title 
     10, United States Code, as amended by section 522, the 
     Secretary of Defense may award joint service credit to any 
     officer who served on the staff of a United States joint task 
     force headquarters in an operation and during the period set 
     forth in subsection (b) and who meets the criteria specified 
     in such section. To determine which officers qualify for such 
     retroactive credit, the Secretary shall undertake a case-by-
     case review of the records of officers.
       (b) Eligible Operations.--Service in the following 
     operations, during the specified periods, may be counted for 
     credit under subsection (a):
       (1) Operation Northern Watch, during the period beginning 
     on August 1, 1992, and ending on a date to be determined.
       (2) Operation Southern Watch, during the period beginning 
     on August 27, 1992, and ending on a date to be determined.
       (3) Operation Able Sentry, during the period beginning on 
     June 26, 1993, and ending on February 28, 1999.
       (4) Operation Joint Endeavor, during the period beginning 
     on December 25, 1995, and ending on December 19, 1996.
       (5) Operation Joint Guard, during the period beginning on 
     December 20, 1996, and ending on June 20, 1998.
       (6) Operation Desert Thunder, beginning on January 24, 
     1998, and ending on December 15, 1998.
       (7) Operation Joint Forge, beginning on June 20, 1998, and 
     ending on June 10, 1999.
       (8) Operation Noble Anvil, beginning on March 24, 1999, and 
     ending on July 20, 1999.
       (9) Operation Joint Guardian, beginning on June 11, 1999, 
     and ending on a date to be determined.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report of the numbers, by service, grade, and 
     operation, of the officers given joint service credit in 
     accordance with this section.

     SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFICER 
                   MANAGEMENT.

       Section 667 of title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``(A)'' after ``(1)''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) The number of officers who meet the criteria for 
     selection for the joint specialty but were not selected, 
     together with the reasons why.'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) The number of officers with the joint specialty, 
     shown by grade and branch or specialty and by education.'';
       (3) in paragraph (3)--
       (A) in subparagraph (A) and (B), by striking ``nominated'' 
     and inserting ``selected'';
       (B) by inserting ``and'' at the end of subparagraph (D);
       (C) by striking subparagraph (E); and
       (D) by redesignating subparagraph (F) as subparagraph (E);
       (4) in paragraph (4)(A), by striking ``nominated'' and 
     inserting ``selected'';
       (5) in paragraph (14)--
       (A) by inserting ``(A)'' after ``(14)''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) An assessment of the extent to which the Secretary of 
     each military department is assigning personnel to joint duty 
     assignments in accordance with this chapter and the policies, 
     procedures, and practices established by the Secretary of 
     Defense under section 661(a) of this title.''; and
       (6) in paragraph (16), by striking ``section 664(i)'' in 
     the matter preceding subparagraph (A) and in subparagraph (B) 
     and inserting ``subparagraphs (E) and (F) of section 
     664(i)(4)''.

     SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPECIALTY 
                   BEFORE PROMOTION TO GENERAL OR FLAG OFFICER 
                   GRADE.

       (a) Requirement.--Subsection (a) of section 619a of title 
     10, United States Code, is amended by striking ``unless'' and 
     all that follows and inserting ``unless--
       ``(1) the officer has completed a full tour of duty in a 
     joint duty assignment (as described in section 664(f) of this 
     title); and
       ``(2) for appointments after September 30, 2007, the 
     officer has been selected for the joint specialty in 
     accordance with section 661 of this title.''
       (b) Waiver Authority.--Subsection (b) of that section is 
     amended by striking ``may waive subsection (a) in the 
     following circumstances:'' and inserting ``may waive 
     paragraph (1) or paragraph (2) of subsection (a), or both 
     paragraphs (1) and (2) of subsection (a), in the following 
     circumstances (except that paragraph (2) of subsection (a) 
     may not be waived by reason of paragraph (4)):''.
       (c) Proposed Legislative Changes.--Not later than December 
     1, 2002, the Secretary of Defense shall submit to Congress a 
     draft proposal for such legislative changes as the Secretary 
     considers needed to implement the amendment made by 
     subsections (a) and (b).

     SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MANAGEMENT AND 
                   JOINT PROFESSIONAL MILITARY EDUCATION REFORMS.

       (a) Study.--The Secretary of Defense shall provide for an 
     independent study of the joint officer management system and 
     the joint professional military education system. The 
     Secretary shall ensure that the entity conducting the study 
     is provided such information and support as required. The 
     Secretary shall include in the contract for the study a 
     requirement that the entity conducting the study submit a 
     report to Congress on the study not later than June 30, 2002.
       (b) Matters To Be Included With Respect to Joint Officer 
     Management.--With respect

[[Page 17397]]

     to the joint officer management system, the entity conducting 
     the independent study shall provide for the following:
       (1) Assessment of implications for joint officer education, 
     development, and management that would result from proposed 
     joint organizational operational concepts (such as standing 
     joint task forces) and from emerging officer management and 
     personnel reforms (such as longer careers and more 
     stabilization), that are under consideration by the Secretary 
     of Defense.
       (2) Assessment of the effectiveness of the current joint 
     officer management system to develop and use joint specialty 
     qualified officers in meeting both current and future 
     requirements for joint specialty officers.
       (3) Recommendations, based on empirical and other data, to 
     improve the effectiveness of the joint officer management 
     system, especially with regard to the following:
       (A) The proper mix and sequencing of education assignments 
     and experience assignments (to include, with respect to both 
     types of assignments, consideration of the type and quality, 
     and the length, of such assignments) to qualify an officer as 
     a joint specialty officer, as well as the implications of 
     adopting a variable joint duty tour length and the 
     advisability and implications of a system of qualifying 
     officers as joint specialty officers that uses multiple 
     shorter qualification tracks to selection as a joint 
     specialty officer than are now codified.
       (B) The system of using joint specialty officers, including 
     the continued utility of such measures as--
       (i) the required fill of positions on the joint duty 
     assignment list, as specified in paragraphs (1) and (4) of 
     section 661(d) of title 10, United States Code;
       (ii) the fill by such officers of a required number of 
     critical billets, as prescribed by section 661(d)(2) of such 
     title;
       (iii) the mandated fill by general and flag officers of a 
     minimum number of critical billets, as prescribed by section 
     661(d)(3) of such title; and
       (iv) current promotion policy objectives for officers with 
     the joint specialty, officers serving on the Joint Staff, and 
     officers serving in joint duty assignment list positions, as 
     prescribed by section 662 of such title.
       (C) Changes in policy and law required to provide officers 
     the required joint specialty qualification before promotion 
     to general or flag officer grade.
       (D) A determination of the number of reserve component 
     officers who would be qualified for designation as a joint 
     specialty officer by reason of experience or education if the 
     standards of existing law, including waiver authorities, were 
     applied to them, and recommendations for a process for 
     qualifying and employing future reserve component officers as 
     joint specialty officers.
       (c) Matters To Be Included With Respect to Joint 
     Professional Military Education.--With respect to the joint 
     professional military education system, the entity conducting 
     the independent study shall provide for the following:
       (1) The number of officers who under the current system (A) 
     qualified as joint specialty officers by attending joint 
     professional military education programs before their first 
     joint duty assignment, (B) qualified as joint specialty 
     officers after arriving at their first joint duty assignment 
     but before completing that assignment, and (C) qualified as 
     joint specialty officers without any joint professional 
     military education.
       (2) Recommended initiatives (include changes in officer 
     personnel management law, if necessary) to provide incentives 
     and otherwise facilitate attendance at joint professional 
     military education programs before an officer's first joint 
     duty assignment.
       (3) Recommended goals for attendance at the Joint Forces 
     Staff College en route to a first joint duty assignment.
       (4) An assessment of the continuing utility of statutory 
     requirements for use of officers following joint professional 
     military education, as prescribed by section 662(d) of title 
     10, United States Code.
       (5) Determination of whether joint professional military 
     education programs should remain principally an in-resident, 
     multi-service experience and what role non-resident or 
     distributive learning can or should play in future joint 
     professional military education programs.
       (6) Examination of options for the length of and increased 
     capacity at Joint Forces Staff College, and whether other in-
     resident joint professional military education sources should 
     be opened, and if opened, how they might be properly 
     accredited and overseen to provide instruction at the level 
     of the program designated as ''joint professional military 
     education''.
       (d) Chairman of Joint Chiefs of Staff.--With respect to the 
     roles of the Secretary of Defense and the Chairman of the 
     Joint Chiefs of Staff, the entity conducting the independent 
     study shall--
       (1) provide for an evaluation of the current roles of the 
     Secretary of Defense, the Chairman of the Joint Chiefs of 
     Staff, and joint staff in law, policy, and implementation 
     with regard to establishing and maintaining oversight of 
     joint officer management, career guidelines, and joint 
     professional military education; and
       (2) make recommendations to improve and strengthen those 
     roles.
       (e) Requirements for Study Entity.--In providing for the 
     independent study required by subsection (a), the Secretary 
     of Defense shall ensure that the entity conducting the 
     study--
       (1) is not a Department of Defense organization; and
       (2) shall, at a minimum, involve in the study, in an 
     integral way, the following persons:
       (A) The Chairman of the Joint Chiefs of Staff and available 
     former Chairmen of the Joint Chiefs of Staff.
       (B) Members and former members of the Joint Staff, the 
     Armed Forces, the Congress, and congressional staff who are 
     or who have been significantly involved in the development, 
     implementation, or modification of joint officer management 
     and joint professional military education.
       (C) Experts in joint officer management and education from 
     civilian academic and research centers.

     SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION.

       (a) Executive Agent for Funding.--(1) Effective beginning 
     with fiscal year 2003, the Secretary of Defense shall be the 
     executive agent for funding professional development 
     education operations of all components of the National 
     Defense University, including the Joint Forces Staff College. 
     The Secretary may not delegate the Secretary's functions and 
     responsibilities under the preceding sentence to the 
     Secretary of a military department.
       (2) Nothing in this subsection affects policies in effect 
     on the date of the enactment of this Act with respect to--
       (A) the reporting of the President of the National Defense 
     University to the Chairman of the Joint Chiefs of Staff; or
       (B) provision of logistical and base operations support for 
     components of the National Defense University by the military 
     departments.
       (b) Preparation of Budget Requests.--Section 2162(b) of 
     title 10, United States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) As executive agent for funding professional 
     development education at the National Defense University, 
     including the Joint Forces Staff College, the Secretary of 
     Defense, with the advice of the Chairman of the Joint Chiefs 
     of Staff, shall prepare the annual budget for professional 
     development education operations at the National Defense 
     University and set forth that request as a separate budget 
     request in the materials submitted to Congress in support of 
     the budget request for the Department of Defense. Nothing in 
     the preceding sentence affects policies in effect on the date 
     of the enactment of this paragraph with respect to budgeting 
     for the funding of logistical and base operations support for 
     components of the National Defense University through the 
     military departments.''.
       (c) Funding Source.--(1) Section 2165 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(d) Source of Funds for Professional Development 
     Education Operations.--Funding for the professional 
     development education operations of the National Defense 
     University shall be provided from funds made available to the 
     Secretary of Defense from the annual appropriation `Operation 
     and Maintenance, Defense-wide'.''.
       (2) Subsection (d) of section 2165 of title 10, United 
     States Code, as added by paragraph (1), shall become 
     effective beginning with fiscal year 2003.

     SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY TO ENROLL 
                   CERTAIN PRIVATE SECTOR CIVILIANS.

       (a) In General.--(1) Chapter 108 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2167. National Defense University: admission of 
       private sector civilians to professional military education 
       program

       ``(a) Authority for Admission.--The Secretary of Defense 
     may permit eligible private sector employees who work in 
     organizations relevant to national security to receive 
     instruction at the National Defense University in accordance 
     with this section. No more than 10 full-time equivalent 
     private sector employees may be enrolled at any one time. 
     Upon successful completion of the course of instruction in 
     which enrolled, any such private sector employee may be 
     awarded an appropriate diploma or degree under section 2165 
     of this title.
       ``(b) Eligible Private Sector Employees.--For purposes of 
     this section, an eligible private sector employee is an 
     individual employed by a private firm that is engaged in 
     providing to the Department of Defense or other Government 
     departments or agencies significant and substantial defense-
     related systems, products, or services or whose work product 
     is relevant to national security policy or strategy. A 
     private sector employee admitted for instruction at the 
     National Defense University remains eligible for such 
     instruction only so long as that person remains employed by 
     the same firm.
       ``(c) Annual Certification by Secretary of Defense.--
     Private sector employees may receive instruction at the 
     National Defense University during any academic year only if, 
     before the start of that academic year, the Secretary of 
     Defense determines, and certifies to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives, that providing instruction to 
     private sector employees under this section during that year 
     will further national security interests of the United 
     States.
       ``(d) Program Requirements.--The Secretary of Defense shall 
     ensure that--
       ``(1) the curriculum for the professional military 
     education program in which private sector employees may be 
     enrolled under this section is not readily available through 
     other schools and

[[Page 17398]]

     concentrates on national security relevant issues; and
       ``(2) the course offerings at the National Defense 
     University continue to be determined solely by the needs of 
     the Department of Defense.
       ``(e) Tuition.--The President of the National Defense 
     University shall charge students enrolled under this section 
     a rate--
       ``(1) that is at least the rate charged for employees of 
     the United States outside the Department of Defense, less 
     infrastructure costs, and
       ``(2) that considers the value to the school and course of 
     the private sector student.
       ``(f) Standards of Conduct.--While receiving instruction at 
     the National Defense University, students enrolled under this 
     section, to the extent practicable, are subject to the same 
     regulations governing academic performance, attendance, norms 
     of behavior, and enrollment as apply to Government civilian 
     employees receiving instruction at the university.
       ``(g) Use of Funds.--Amounts received by the National 
     Defense University for instruction of students enrolled under 
     this section shall be retained by the university to defray 
     the costs of such instruction. The source, and the 
     disposition, of such funds shall be specifically identified 
     in records of the university.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2167. National Defense University: admission of private sector 
              civilians to professional military education program.''.
       (b) Effective Date.--Section 2167 of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     January 1, 2002.

     SEC. 529. CONTINUATION OF RESERVE COMPONENT PROFESSIONAL 
                   MILITARY EDUCATION TEST.

       (a) Continuation of Concept Validation Test.--During fiscal 
     year 2002, the Secretary of Defense shall continue the 
     concept validation test of Reserve component joint 
     professional military education that was begun in fiscal year 
     2001 at the National Defense University.
       (b) Pilot Program.--If the Secretary of Defense determines 
     that the results of the concept validation test referred to 
     in subsection (a) warrant conducting a pilot program of the 
     concept that was the subject of the test, the Secretary shall 
     conduct such a pilot program during fiscal year 2003.
       (c) Funding.--The Secretary shall provide funds for the 
     concept validation test under subsection (a) and for any 
     pilot program under subsection (b) from funds appropriated to 
     the Secretary of Defense in addition those appropriated for 
     operations of the National Defense University.

              Subtitle D--Military Education and Training

     SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.

       (a) Authority To Confer Associate of Arts Degree.--Chapter 
     108 of title 10, United States Code, is amended by adding 
     after section 2167, as added by section 528(a)(1), the 
     following new section:

     ``Sec. 2168. Defense Language Institute Foreign Language 
       Center: degree of Associate of Arts in foreign language

       ``(a) Subject to subsection (b), the Commandant of the 
     Defense Language Institute may confer an Associate of Arts 
     degree in a foreign language upon any graduate of the Foreign 
     Language Center of the Institute who fulfills the 
     requirements for that degree.
       ``(b) A degree may be conferred upon a student under this 
     section only if the Provost of the Center certifies to the 
     Commandant that the student has satisfied all the 
     requirements prescribed for the degree.
       ``(c) The authority provided by subsection (a) shall be 
     exercised under regulations prescribed by the Secretary of 
     Defense.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 2167, as added by section 528(a)(2), the 
     following new item:

``2168. Defense Language Institute Foreign Language Center: degree of 
              Associate of Arts in foreign language.''.

     SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD 
                   DEGREE OF MASTER OF STRATEGIC STUDIES.

       (a) Marine Corps War College Degree.--Section 7102 of title 
     10, United States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Marine Corps War College.--Upon the recommendation of 
     the Director and faculty of the Marine Corps War College of 
     the Marine Corps University, the President of the Marine 
     Corps University may confer the degree of master of strategic 
     studies upon graduates of the Marine Corps War College who 
     fulfill the requirements for that degree.''.
       (b) Conforming Amendments.--(1) Subsection (a) of such 
     section is amended by striking ``upon graduates'' and all 
     that follows and inserting ``upon graduates of the Command 
     and Staff College who fulfill the requirements for that 
     degree.''.
       (2) Subsection (c) of such section, as redesignated by 
     subsection (a)(1), is amended by striking ``subsection (a)'' 
     and inserting ``subsections (a) and (b)''.
       (3)(A) The heading of such section is amended to read as 
     follows:

     ``Sec. 7102. Marine Corps University: masters degrees; board 
       of advisors''.

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 609 of such title is 
     amended to read as follows:

``7102. Marine Corps University: masters degrees; board of advisors.''.
       (c) Codification of Requirement for Board of Advisors.--(1) 
     Section 7102 of title 10, United States Code, as amended by 
     subsections (a) and (b), is further amended by adding at the 
     end the following new subsection:
       ``(d) Board of Advisors.--The Secretary of the Navy shall 
     establish a board of advisors for the Marine Corps 
     University. The Secretary shall ensure that the board is 
     established so as to meet all requirements of the appropriate 
     regional accrediting association.''.
       (2) Section 912 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 7102 
     note) is repealed.
       (d) Effective Date.--The authority to confer the degree of 
     master of strategic studies under section 7102(b) of title 
     10, United States Code (as added by subsection (a)) may not 
     be exercised until the Secretary of Education determines, and 
     certifies to the President of the Marine Corps University, 
     that the requirements established by the Marine Corps War 
     College of the Marine Corps University for that degree are in 
     accordance with generally applicable requirements for a 
     degree of master of arts. Upon receipt of such a 
     certification, the President of the University shall promptly 
     transmit a copy of the certification to the Committee on 
     Armed Services of the Senate and Committee on Armed Services 
     of the House of Representatives.

     SEC. 533. INCREASE IN NUMBER OF FOREIGN STUDENTS AUTHORIZED 
                   TO BE ADMITTED TO THE SERVICE ACADEMIES.

       (a) United States Military Academy.--(1) Subsection (a)(1) 
     of section 4344 of title 10, United States Code, is amended 
     by striking ``40 persons'' and inserting ``60 persons''.
       (2) Subsection (b) of such section is amended--
       (A) by inserting ``some or all'' in paragraph (2) after 
     ``unless a written waiver of''; and
       (B) by striking paragraph (3).
       (3) The amendments made by paragraph (2) shall not apply 
     with respect to any person who entered the United States 
     Military Academy to receive instruction under section 4344 of 
     title 10, United States Code, before the date of the 
     enactment of this Act.
       (b) United States Naval Academy.--(1) Subsection (a)(1) of 
     section 6957 of title 10, United States Code, is amended by 
     striking ``40 persons'' and inserting ``60 persons''.
       (2) Subsection (b) of such section is amended--
       (A) by inserting ``some or all'' in paragraph (2) after 
     ``unless a written waiver of''; and
       (B) by striking paragraph (3).
       (3) The amendments made by paragraph (2) shall not apply 
     with respect to any person who entered the United States 
     Naval Academy to receive instruction under section 6957 of 
     title 10, United States Code, before the date of the 
     enactment of this Act.
       (c) United States Air Force Academy.--(1) Subsection (a)(1) 
     of section 9344 of title 10, United States Code, is amended 
     by striking ``40 persons'' and inserting ``60 persons''.
       (2) Subsection (b) of such section is amended--
       (A) by inserting ``some or all'' in paragraph (2) after 
     ``unless a written waiver of''; and
       (B) by striking paragraph (3).
       (3) The amendments made by paragraph (2) shall not apply 
     with respect to any person who entered the United States Air 
     Force Academy to receive instruction under section 9344 of 
     title 10, United States Code, before the date of the 
     enactment of this Act.

     SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT AS A CADET 
                   OR MIDSHIPMAN IN SENIOR RESERVE OFFICER 
                   TRAINING CORPS SCHOLARSHIP PROGRAMS.

       (a) General ROTC Scholarship Program.--Section 2107(a) of 
     title 10, United States Code, is amended--
       (1) by striking ``27 years of age on June 30'' and 
     inserting ``35 years of age on December 31''; and
       (2) by striking ``, except that'' and all that follows 
     through ``on such date'' the second place it appears.
       (b) Army Reserve and Army National Guard ROTC Scholarship 
     Program.--Section 2107a(a) of such title is amended--
       (1) by striking ``27 years of age on June 30'' and 
     inserting ``35 years of age on December 31''; and
       (2) by striking ``, except that'' and all that follows 
     through ``on such date'' the second place it appears.

     SEC. 535. ACTIVE DUTY PARTICIPATION AS A CADET OR MIDSHIPMAN 
                   IN SENIOR ROTC ADVANCED TRAINING.

       (a) Senior Reserve Officer Training Corps.--Section 
     2104(b)(3) of title 10, United States Code, is amended by 
     striking ``a reserve component of'' ''.
       (b) Basic Pay.--Section 209(c) of title 37, United States 
     Code, is amended by inserting ``unless the cadet or 
     midshipman is serving on active duty'' before the period at 
     the end.

     SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGATION OF 
                   CERTAIN ROTC CADETS IN MILITARY JUNIOR COLLEGES 
                   RECEIVING FINANCIAL ASSISTANCE.

       (a) Authority To Modify Agreements.--Subsection (b) of 
     section 2107a of title 10, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) by redesignating paragraphs (1), (2), (3), (4), (5), 
     and (6) as subparagraphs (A), (B), (C), (D), (E), and (F), 
     respectively;

[[Page 17399]]

       (3) by designating the sentence following subparagraph (F), 
     as so redesignated, as paragraph (2); and
       (4) by adding at the end the following new paragraph:
       ``(3) In the case of a cadet under this section at a 
     military junior college, the Secretary may, at any time and 
     with the consent of the cadet concerned, modify an agreement 
     described in paragraph (1)(F) submitted by the cadet to 
     reduce or eliminate the troop program unit service obligation 
     specified in the agreement and to establish, in lieu of that 
     obligation, an active duty service obligation. Such a 
     modification may be made only if the Secretary determines 
     that it is in the best interests of the United States to do 
     so.''.
       (b) Retroactive Application.--The authority of the 
     Secretary of Defense under section 2107a(b)(3) of title 10, 
     United States Code, as added by subsection (a), may be 
     exercised with regard to any agreement described in 
     subsection (b)(1)(F) (including agreements related to 
     participation in the Advanced Course of the Army Reserve 
     Officers' Training Corps at a military college or civilian 
     institution) entered into during the period beginning on 
     January 1, 1991 and ending on July 12, 2000.
       (c) Technical Amendment.--Subsection (h) of such section is 
     amended by striking ``military college'' in the second 
     sentence and inserting ``military junior college''.

     SEC. 537. MODIFICATION OF NURSE OFFICER CANDIDATE ACCESSION 
                   PROGRAM RESTRICTION ON STUDENTS ATTENDING 
                   EDUCATIONAL INSTITUTIONS WITH SENIOR RESERVE 
                   OFFICERS' TRAINING PROGRAMS.

       Section 2130a of title 10, United States Code, is amended--
       (1) in subsection (a)(2), by striking ``that does not have 
     a Senior Reserve Officers' Training Program established under 
     section 2102 of this title''; and
       (2) in subsection (b)(1), by inserting before the semicolon 
     at the end ``or that has a Senior Reserve Officers' Training 
     Program for which the student is ineligible''.

     SEC. 538. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE 
                   OFFICERS' TRAINING CORPS (JROTC) UNITS.

       Section 2031(a)(1) of title 10, United States Code, is 
     amended by striking the second sentence.

     SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM 
                   EXPANSION.

       (a) Purpose of Program.--Subsection (a) of section 16201 of 
     title 10, United States Code, is amended--
       (1) by striking ``specialties critically needed in 
     wartime'';
       (2) by striking ``training in such specialties'' and 
     inserting ``training that leads to a degree in medicine or 
     dentistry or training in a health professions specialty that 
     is critically needed in wartime''; and
       (3) by striking ``training in certain health care 
     specialties'' and inserting ``health care education and 
     training''.
       (b) Medical and Dental Student Stipend.--Such section is 
     further amended--
       (1) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Medical and Dental School Students.--(1) Under the 
     stipend program under this chapter, the Secretary of the 
     military department concerned may enter into an agreement 
     with a person who--
       ``(A) is eligible to be appointed as an officer in a 
     reserve component;
       ``(B) is enrolled or has been accepted for enrollment in an 
     institution in a course of study that results in a degree in 
     medicine or dentistry;
       ``(C) signs an agreement that, unless sooner separated, the 
     person will--
       ``(i) complete the educational phase of the program;
       ``(ii) accept a reappointment or redesignation within the 
     person's reserve component, if tendered, based upon the 
     person's health profession, following satisfactory completion 
     of the educational and intern programs; and
       ``(iii) participate in a residency program; and
       ``(D) if required by regulations prescribed by the 
     Secretary of Defense, agrees to apply for, if eligible, and 
     accept, if offered, residency training in a health profession 
     skill which has been designated by the Secretary of Defense 
     as a critically needed wartime skill.
       ``(2) Under the agreement--
       ``(A) the Secretary of the military department concerned 
     shall agree to pay the participant a stipend, in the amount 
     determined under subsection (f), for the period or the 
     remainder of the period the student is satisfactorily 
     progressing toward a degree in medicine or dentistry while 
     enrolled in an accredited medical or dental school;
       ``(B) the participant shall not be eligible to receive such 
     stipend before appointment, designation, or assignment as an 
     officer for service in the Ready Reserve;
       ``(C) the participant shall be subject to such active duty 
     requirements as may be specified in the agreement and to 
     active duty in time of war or national emergency as provided 
     by law for members of the Ready Reserve; and
       ``(D) the participant shall agree to serve, upon successful 
     completion of the program, one year in the Selected Reserve 
     for each six months, or part thereof, for which the stipend 
     is provided. In the case of a participant who enters into a 
     subsequent agreement under subsection (c) and successfully 
     completes residency training in a specialty designated by the 
     Secretary of Defense as a specialty critically needed by the 
     military department in wartime, the requirement to serve in 
     the Selected Reserve may be reduced to one year for each 
     year, or part thereof, for which the stipend was provided 
     while enrolled in medical or dental school.''.
       (c) Wartime Critical Skills.--Subsection (c) of such 
     section (as redesignated by subsection (b)(1)) is amended--
       (1) by inserting ``Wartime'' after ``Critical'' in the 
     heading; and
       (2) by inserting ``or has been appointed as a medical or 
     dental officer in the Reserve of the armed force concerned'' 
     in paragraph (1)(B) before the semicolon at the end.
       (d) Service Obligation Requirement.--Paragraph (2)(D) of 
     subsection (c) of such section (as redesignated by subsection 
     (b)(1)) and paragraph (2)(D) of subsection (d) of such 
     section (as so redesignated) are amended by striking ``two 
     years in the Ready Reserve for each year,'' and inserting 
     ``one year in the Ready Reserve for each six months,''.
       (e) Cross-Reference.--Paragraph (2)(A) of subsection (c) of 
     such section (as redesignated by subsection (b)(1)) and 
     paragraph (2)(A) of subsection (d) of such section (as so 
     redesignated) are amended by striking ``subsection (e)'' and 
     inserting ``subsection (f)''.

     SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS OF 
                   CADETS, UNITED STATES MILITARY ACADEMY.

       (a) Authority.--The second sentence of section 4337 of 
     title 10, United States Code, is amended to read as follows: 
     ``Notwithstanding any other provision of law, the chaplain is 
     entitled to the same basic allowance for housing allowed to a 
     lieutenant colonel, and to fuel and light for quarters in 
     kind.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first month 
     beginning on or after the date of the enactment of this Act.

           Subtitle E--Decorations, Awards, and Commendations

     SEC. 541. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO 
                   HUMBERT R. VERSACE FOR VALOR DURING THE VIETNAM 
                   WAR.

       (a) Waiver of Time Limitation.--Notwithstanding the time 
     limitations specified in section 3744 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the 
     military service, the President may award the Medal of Honor 
     under section 3741 of that title to Humbert R. Versace for 
     the acts of valor referred to in subsection (b).
       (b) Action Described.--The acts of valor referred to in 
     subsection (a) are the actions of Humbert R. Versace between 
     October 29, 1963, and September 26, 1965, while interned as a 
     prisoner-of-war by the Vietnamese Communist National 
     Liberation Front (Viet Cong) in the Republic of Vietnam.

     SEC. 542. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN 
                   JEWISH AMERICAN AND HISPANIC AMERICAN WAR 
                   VETERANS.

       (a) Review Required.--The Secretary of each military 
     department shall review the service records of each Jewish 
     American war veteran or Hispanic American war veteran 
     described in subsection (b) to determine whether that veteran 
     should be awarded the Medal of Honor.
       (b) Covered Jewish American War Veterans and Hispanic 
     American War Veterans.--The Jewish American war veterans and 
     Hispanic American war veterans whose service records are to 
     be reviewed under subsection (a) are the following:
       (1) Any Jewish American war veteran or Hispanic American 
     war veteran who was awarded the Distinguished Service Cross, 
     the Navy Cross, or the Air Force Cross before the date of the 
     enactment of this Act.
       (2) Any other Jewish American war veteran or Hispanic 
     American war veteran whose name is submitted to the Secretary 
     concerned for such purpose before the end of the one-year 
     period beginning on the date of the enactment of this Act.
       (c) Consultations.--In carrying out the review under 
     subsection (a), the Secretary of each military department 
     shall consult with the Jewish War Veterans of the United 
     States of America and with such other veterans service 
     organizations as the Secretary considers appropriate.
       (d) Recommendation Based on Review.--If the Secretary 
     concerned determines, based upon the review under subsection 
     (a) of the service records of any Jewish American war veteran 
     or Hispanic American war veteran, that the award of the Medal 
     of Honor to that veteran is warranted, the Secretary shall 
     submit to the President a recommendation that the President 
     award the Medal of Honor to that veteran.
       (e) Authority To Award Medal of Honor.--A Medal of Honor 
     may be awarded to a Jewish American war veteran or Hispanic 
     American war veteran in accordance with a recommendation of 
     the Secretary concerned under subsection (a).
       (f) Waiver of Time Limitations.--An award of the Medal of 
     Honor may be made under subsection (e) without regard to--
       (1) section 3744, 6248, or 8744 of title 10, United States 
     Code, as applicable; and
       (2) any regulation or other administrative restriction on--
       (A) the time for awarding the Medal of Honor; or
       (B) the awarding of the Medal of Honor for service for 
     which a Distinguished Service Cross, Navy Cross, or Air Force 
     Cross has been awarded.
       (g) Definition.--For purposes of this section, the term 
     ``Jewish American war veteran'' means

[[Page 17400]]

     any person who served in the Armed Forces during World War II 
     or a later period of war and who identified himself or 
     herself as Jewish on his or her military personnel records.

     SEC. 543. AUTHORITY TO ISSUE DUPLICATE MEDAL OF HONOR.

       (a) Army.--(1) Chapter 357 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 3754. Medal of honor: duplicate medal

       ``A person awarded a medal of honor shall, upon written 
     application of that person, be issued, without charge, one 
     duplicate medal of honor with ribbons and appurtenances. Such 
     duplicate medal of honor shall be marked, in such manner as 
     the Secretary of the Army may determine, as a duplicate or 
     for display purposes only.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``3754. Medal of honor: duplicate medal.''.
       (b) Navy.--(1) Chapter 567 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 6256. Medal of honor: duplicate medal

       ``A person awarded a medal of honor shall, upon written 
     application of that person, be issued, without charge, one 
     duplicate medal of honor with ribbons and appurtenances. Such 
     duplicate medal of honor shall be marked, in such manner as 
     the Secretary of the Navy may determine, as a duplicate or 
     for display purposes only.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``6256. Medal of honor: duplicate medal.''.
       (c) Air Force.--(1) Chapter 857 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 8754. Medal of honor: duplicate medal

       ``A person awarded a medal of honor shall, upon written 
     application of that person, be issued, without charge, one 
     duplicate medal of honor with ribbons and appurtenances. Such 
     duplicate medal of honor shall be marked, in such manner as 
     the Secretary of the Air Force may determine, as a duplicate 
     or for display purposes only.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``8754. Medal of honor: duplicate medal.''.
       (d) Coast Guard.--(1) Chapter 13 of title 14, United States 
     Code, is amended by inserting after section 503 the following 
     new section:

     ``Sec. 504. Medal of honor: duplicate medal

       ``A person awarded a medal of honor shall, upon written 
     application of that person, be issued, without charge, one 
     duplicate medal of honor with ribbons and appurtenances. Such 
     duplicate medal of honor shall be marked, in such manner as 
     the Secretary may determine, as a duplicate or for display 
     purposes only.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     503 the following new item:

``504. Medal of honor: duplicate medal.''.
       (e) Definition of Medal of Honor for Purposes of Federal 
     Unauthorized-Use Crime.--Section 704(b)(2)(B) of title 18, 
     United States Code, is amended to read as follows:
       ``(B) As used in this subsection, `Congressional Medal of 
     Honor' means--
       ``(i) a medal of honor awarded under section 3741, 6241, or 
     8741 of title 10 or section 491 of title 14;
       ``(ii) a duplicate medal of honor issued under section 
     3754, 6256, or 8754 of title 10 or section 504 of title 14; 
     or
       ``(iii) a replacement of a medal of honor provided under 
     section 3747, 6253, or 8747 of title 10 or section 501 of 
     title 14.''.

     SEC. 544. AUTHORITY TO REPLACE STOLEN MILITARY DECORATIONS.

       (a) Army, Navy, and Air Force.--Sections 3747, 6253, and 
     8747 of title 10, United States Code, are each amended by 
     striking ``lost or destroyed'' and inserting ``stolen, lost, 
     or destroyed''.
       (b) Coast Guard.--Section 501 of title 14, United States 
     Code, is amended by inserting ``stolen,'' before ``lost,''.

     SEC. 545. WAIVER OF TIME LIMITATIONS FOR AWARD OF NAVY 
                   DISTINGUISHED FLYING CROSS TO CERTAIN PERSONS.

       (a) Waiver.--Any limitation established by law or policy 
     for the time within which a recommendation for the award of a 
     military decoration or award must be submitted shall not 
     apply to awards of decorations described in this section, the 
     award of each such decoration having been determined by the 
     Secretary concerned to be warranted in accordance with 
     section 1130 of title 10, United States Code.
       (b) Distinguished Flying Cross.--Subsection (a) applies to 
     the award of the Distinguished Flying Cross for service 
     during World War II or Korea (including multiple awards to 
     the same individual) in the case of each individual 
     concerning whom the Secretary of the Navy (or an officer of 
     the Navy acting on behalf of the Secretary) submitted to the 
     Committee on Armed Services of the House of Representatives 
     and the Committee on Armed Services of the Senate, during the 
     period beginning on October 31, 2000, and ending on the day 
     before the date of the enactment of this Act, a notice as 
     provided in section 1130(b) of title 10, United States Code, 
     that the award of the Distinguished Flying Cross to that 
     individual is warranted and that a waiver of time 
     restrictions prescribed by law for recommendation for such 
     award is recommended.

     SEC. 546. KOREA DEFENSE SERVICE MEDAL.

       (a) Army.--(1) Chapter 357 of title 10, United States Code, 
     as amended by section 543(a)(1), is further amended by adding 
     at the end the following new section:

     ``Sec. 3755. Korea Defense Service Medal

       ``(a) The Secretary of the Army shall issue a campaign 
     medal, to be known as the Korea Defense Service Medal, to 
     each person who while a member of the Army served in the 
     Republic of Korea or the waters adjacent thereto during the 
     KDSM eligibility period and met the service requirements for 
     the award of that medal prescribed under subsection (c).
       ``(b) In this section, the term `KDSM eligibility period' 
     means the period beginning on July 28, 1954, and ending on 
     such date after the date of the enactment of this section as 
     may be determined by the Secretary of Defense to be 
     appropriate for terminating eligibility for the Korea Defense 
     Service Medal.
       ``(c) The Secretary of the Army shall prescribe service 
     requirements for eligibility for the Korea Defense Service 
     Medal. Those requirements shall not be more stringent than 
     the service requirements for award of the Armed Forces 
     Expeditionary Medal for instances in which the award of that 
     medal is authorized.''.
       (2) The table of sections at the beginning of such chapter, 
     as amended by section 543(a)(2), is further amended by adding 
     at the end the following new item:

``3755. Korea Defense Service Medal.''.

       (b) Navy and Marine Corps.--(1) Chapter 567 of title 10, 
     United States Code, as amended by section 543(b)(1), is 
     further amended by adding at the end the following new 
     section:

     ``Sec. 6257. Korea Defense Service Medal

       ``(a) The Secretary of the Navy shall issue a campaign 
     medal, to be known as the Korea Defense Service Medal, to 
     each person who while a member of the Navy or Marine Corps 
     served in the Republic of Korea or the waters adjacent 
     thereto during the KDSM eligibility period and met the 
     service requirements for the award of that medal prescribed 
     under subsection (c).
       ``(b) In this section, the term `KDSM eligibility period' 
     means the period beginning on July 28, 1954, and ending on 
     such date after the date of the enactment of this section as 
     may be determined by the Secretary of Defense to be 
     appropriate for terminating eligibility for the Korea Defense 
     Service Medal.
       ``(c) The Secretary of the Navy shall prescribe service 
     requirements for eligibility for the Korea Defense Service 
     Medal. Those requirements shall not be more stringent than 
     the service requirements for award of the Armed Forces 
     Expeditionary Medal for instances in which the award of that 
     medal is authorized.''.
       (2) The table of sections at the beginning of such chapter, 
     as amended by section 543(b)(2), is further amended by adding 
     at the end the following new item:

``6257. Korea Defense Service Medal.''.

       (c) Air Force.--(1) Chapter 857 of title 10, United States 
     Code, as amended by section 543(c)(1), is further amended by 
     adding at the end the following new section:

     ``Sec. 8755. Korea Defense Service Medal

       ``(a) The Secretary of the Air Force shall issue a campaign 
     medal, to be known as the Korea Defense Service Medal, to 
     each person who while a member of the Air Force served in the 
     Republic of Korea or the waters adjacent thereto during the 
     KDSM eligibility period and met the service requirements for 
     the award of that medal prescribed under subsection (c).
       ``(b) In this section, the term `KDSM eligibility period' 
     means the period beginning on July 28, 1954, and ending on 
     such date after the date of the enactment of this section as 
     may be determined by the Secretary of Defense to be 
     appropriate for terminating eligibility for the Korea Defense 
     Service Medal.
       ``(c) The Secretary of the Air Force shall prescribe 
     service requirements for eligibility for the Korea Defense 
     Service Medal. Those requirements shall not be more stringent 
     than the service requirements for award of the Armed Forces 
     Expeditionary Medal for instances in which the award of that 
     medal is authorized.''.
       (2) The table of sections at the beginning of such chapter, 
     as amended by section 543(c)(2), is further amended by adding 
     at the end the following new item:

``8755. Korea Defense Service Medal.''.

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

     SEC. 547. COLD WAR SERVICE MEDAL.

       (a) Authority.--Chapter 57 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1134. Cold War service medal

       ``(a) Medal Authorized.--The Secretary concerned shall, 
     upon application, issue the Cold War service medal to a 
     person eligible to receive that medal. The Cold War service 
     medal shall be of an appropriate design approved by the 
     Secretary of Defense, with ribbons, lapel pins, and other 
     appurtenances.
       ``(b) Eligibility.--(1) A person is eligible to receive the 
     Cold War service medal if the person--
       ``(A) served on active duty during the Cold War;

[[Page 17401]]

       ``(B) has not been released from active duty with a 
     characterization of service less favorable than honorable and 
     has not received a discharge less favorable than an honorable 
     discharge; and
       ``(C) except as provided under paragraph (3), meets the 
     service requirements of paragraph (2).
       ``(2) The service requirements of this paragraph are--
       ``(A) in the case of a person who served on active duty 
     during the Cold War as an enlisted member, that the person 
     have completed that person's initial term of enlistment and 
     after the end of that initial term of enlistment have 
     reenlisted for an additional term of enlistment or have been 
     appointed as an officer; and
       ``(B) in the case of a person who served on active duty 
     during the Cold War as an officer, that the person have 
     completed that person's initial service obligation as an 
     officer and have served in the armed forces after completing 
     that initial service obligation.
       ``(3) The Secretary concerned, under regulations prescribed 
     under this section, may waive the service requirements of 
     paragraph (2)--
       ``(A) in the case of any person discharged or released from 
     active duty for a disability incurred or aggravated in line 
     of duty;
       ``(B) in the case of any person discharged for hardship 
     under section 1173 of this title; and
       ``(C) under any other circumstance for which the Secretary 
     determines that such a waiver is warranted.
       ``(c) One Award Authorized.--Not more than one Cold War 
     service medal may be issued to any person.
       ``(d) Issuance to Representative of Deceased.--If a person 
     who is eligible for the Cold War service medal dies before 
     being issued that medal, the medal may, upon application, be 
     issued to the person's representative, as designated by the 
     Secretary concerned.
       ``(e) Replacement.--Under regulations prescribed by the 
     Secretary concerned, a Cold War service medal that is lost, 
     destroyed, or rendered unfit for use without fault or neglect 
     on the part of the person to whom it was issued may be 
     replaced without charge.
       ``(f) Uniform Regulations.--The Secretary of Defense shall 
     ensure that regulations prescribed by the Secretaries of the 
     military departments under this section are uniform so far as 
     is practicable.
       ``(g) Cold War Defined.--In this section, the term `Cold 
     War' means the period beginning on September 2, 1945, and 
     ending at the end of December 26, 1991.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1134. Cold War service medal.''.

     SEC. 548. OPTION TO CONVERT AWARD OF ARMED FORCES 
                   EXPEDITIONARY MEDAL AWARDED FOR OPERATION 
                   FREQUENT WIND TO VIETNAM SERVICE MEDAL.

       (a) In General.--The Secretary of the military department 
     concerned shall, upon the application of an individual who is 
     an eligible Vietnam evacuation veteran, award that individual 
     the Vietnam Service Medal, notwithstanding any otherwise 
     applicable requirements for the award of that medal. Any such 
     award shall be made in lieu of the Armed Forces Expeditionary 
     Medal awarded the individual for participation in Operation 
     Frequent Wind.
       (b) Eligible Vietnam Evacuation Veteran.--For purposes of 
     this section, the term ``eligible Vietnam evacuation 
     veteran'' means a member or former member of the Armed Forces 
     who was awarded the Armed Forces Expeditionary Medal for 
     participation in military operations designated as Operation 
     Frequent Wind arising from the evacuation of Vietnam on April 
     29 and 30, 1975.

                 Subtitle F--Matters Relating to Voting

     SEC. 551. VOTING ASSESSMENTS AND ASSISTANCE FOR MEMBERS OF 
                   THE UNIFORMED SERVICES.

       (a) In General.--Chapter 80 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1566. Voting assistance: compliance assessments and 
       assistance

       ``(a) Inspector General Assessments.--(1) The Department of 
     Defense Inspector General shall each calendar year conduct a 
     random and unannounced assessment at a minimum of 15 
     Department of Defense installations of the compliance at 
     those installations with--
       ``(A) the requirements of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
       ``(B) Department of Defense regulations regarding that Act 
     and the Federal Voting Assistance Program carried out under 
     that Act; and
       ``(C) other requirements of law regarding voting by members 
     of the armed forces.
       ``(2) Each assessment under paragraph (1) shall include a 
     review of such compliance--
       ``(A) within units to which are assigned, in the aggregate, 
     not less than 20 percent of the personnel assigned to duty at 
     that installation;
       ``(B) within a representative survey of members of the 
     armed forces assigned to that installation and their 
     dependents; and
       ``(C) within unit voting assistance officers to measure 
     program effectiveness.
       ``(b) Regular Military Department Assessments.--The 
     Secretary of each military department shall include in the 
     set of issues and programs to be reviewed during any 
     management effectiveness review or inspection an assessment 
     of compliance with the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff et seq.) and with 
     Department of Defense regulations regarding the Federal 
     Voting Assistance Program.
       ``(c) Voting Assistance Officers.--Voting assistance 
     officers appointed or assigned under Department of Defense 
     regulations regarding the Federal Voting Assistance Program 
     shall be appointed or assigned with the expectation of 
     serving in that capacity for a minimum of 30 months. A member 
     of the armed forces assigned to such a position may not be 
     assigned other duties that would not be considered part of 
     the member's primary military duties, except when a unit 
     commander determines that insufficient personnel are 
     available to fulfill all additional duty requirements. 
     Performance evaluation reports pertaining to a member who has 
     been assigned to serve as a voting assistance officer shall 
     comment on the performance of the member as a voting 
     assistance officer.
       ``(d) Delivery of Mail From Overseas Preceding Federal 
     Elections.--(1) During the four months preceding a general 
     Federal election month, the Secretary of Defense shall 
     periodically conduct surveys of all overseas locations and 
     vessels at sea with military units responsible for collecting 
     mail for return shipment to the United States and all port 
     facilities in the United States and overseas where military-
     related mail is collected for shipment to overseas locations 
     or to the United States. The purpose of each survey shall be 
     to determine if voting materials are awaiting shipment at any 
     such location and, if so, the length of time that such 
     materials have been held at that location. During the fourth 
     and third months before a general Federal election month, 
     such surveys shall be conducted biweekly. During the second 
     and first months before a general Federal election month, 
     such surveys shall be conducted weekly.
       ``(2) The Secretary shall ensure that voting materials are 
     transmitted expeditiously by military postal authorities at 
     all times.
       ``(3) In this section, the term `general Federal election 
     month' means November in an even-numbered year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1566. Voting assistance: compliance assessments and assistance.''.

     SEC. 552. ELECTRONIC VOTING DEMONSTRATION PROJECT.

       (a) Demonstration Project.--The Secretary of Defense shall 
     carry out a demonstration project to examine voting in 
     Federal elections by absent uniformed services voters through 
     a long-distance electronic voting system. The demonstration 
     project shall be carried out for voting in the regularly 
     scheduled general election for Federal office in November 
     2002. Under the demonstration project, absent uniformed 
     services voters participating in the project shall be 
     provided a means, with the cooperation and assistance of 
     State election officials of States that agree to participate 
     in the project, to cast their ballots in that election 
     through a long-distance electronic voting method.
       (b) Scope of Project.--The Secretary shall determine the 
     scope of the demonstration project under this section, 
     including the absent uniformed services voters authorized to 
     participate in the project. The project shall be carried out 
     with participation of sufficient numbers of absent uniformed 
     services voters so that the results are statistically 
     relevant.
       (c) Coordination With State Election Officials.--The 
     Secretary shall carry out the demonstration project under 
     this section through cooperative agreements with State 
     election officials of States that agree to participate in the 
     project.
       (d) Report to Congress.--Not later than June 1, 2003, the 
     Secretary shall submit to Congress a report analyzing the 
     demonstration project conducted under this section. The 
     Secretary shall include in the report any recommendations the 
     Secretary considers appropriate for continuing the project on 
     an expanded basis during the next regularly scheduled general 
     election for Federal office.
       (e) Absent Uniformed Services Voter Defined.--In this 
     section, the term ``absent uniformed services voter'' has the 
     meaning given that term in section 107(1) of the Uniformed 
     and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     6(1)).

  Subtitle G--Matters Relating to Military Spouses and Family Members

     SEC. 561. IMPROVED FINANCIAL AND OTHER ASSISTANCE TO MILITARY 
                   SPOUSES FOR JOB TRAINING AND EDUCATION.

       (a) Examination of Existing Employment Assistance 
     Programs.--(1) The Secretary of Defense shall examine 
     existing Department of Defense and other Federal, State, and 
     nongovernmental programs with the objective of improving 
     retention of military personnel by increasing the 
     employability of military spouses and assisting those spouses 
     in gaining access to financial and other assistance for job 
     training and education.
       (2) In conducting the examination, the Secretary shall give 
     priority to facilitating and increasing access of military 
     spouses to existing Department of Defense, Federal, State, 
     and nongovernmental sources for the types of financial 
     assistance set forth in paragraph (3), but shall also 
     specifically assess whether the Department of Defense should 
     begin a program for direct financial assistance to military 
     spouses for some or all of those types of assistance and 
     whether such a program of direct financial assistance would 
     enhance retention.

[[Page 17402]]

       (3) In conducting the examination pursuant to paragraph 
     (1), the Secretary should focus on financial assistance for 
     military spouses for one or more of the following purposes:
       (A) Career-related education.
       (B) Certification and license fees for employment-related 
     purposes.
       (C) Apprenticeships and internships.
       (D) Technical training.
       (E) Training to improve job skills.
       (F) Career counseling.
       (G) Skills assessment.
       (H) Job-search skills.
       (I) Job-related transportation.
       (J) Child care.
       (K) Any additional employment-related purpose specified by 
     the Secretary for the purposes of the examination under 
     paragraph (1).
       (4) Not later than March 30, 2002, the Secretary of Defense 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the results of the examination 
     under paragraph (1).
       (b) Review of Department of Defense Policies.--(1) The 
     Secretary of Defense shall review Department of Defense 
     policies that affect employment and education opportunities 
     for military spouses in the Department of Defense in order to 
     further expand those opportunities. The review shall include 
     the consideration of providing, to the extent authorized by 
     law, separate spouse preferences for employment by 
     appropriated and nonappropriated fund operations.
       (2) Not later than March 30, 2002, the Secretary of Defense 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the results of the review under 
     paragraph (1).
       (c) Spouse Employment Assistance.--Section 1784 of title 
     10, United States Code, is amended by adding at the end the 
     following new subsections:
       ``(d) Space-Available Use of Facilities for Spouse Training 
     Purposes.--Under regulations prescribed by the Secretary of 
     Defense, the Secretary of a military department may make 
     available to a non-Department of Defense entity space in non-
     excess facilities controlled by that Secretary for the 
     purpose of the non-Department of Defense entity providing 
     employment-related training for military spouses.
       ``(e) Employment by Other Federal Agencies.--The Secretary 
     of Defense shall work with the Director of the Office of 
     Personnel Management and the heads of other Federal 
     departments and agencies to expand and facilitate the use of 
     existing Federal programs and resources in support of 
     military spouse employment.
       ``(f) Private-Sector Employment.--The Secretary of 
     Defense--
       ``(1) shall seek to develop partnerships with firms in the 
     private sector to enhance employment opportunities for 
     spouses of members of the armed forces and to provide for 
     improved job portability for such spouses, especially in the 
     case of the spouse of a member of the armed forces 
     accompanying the member to a new geographical area because of 
     a change of permanent duty station of the member; and
       ``(2) shall work with the United States Chamber of Commerce 
     and other appropriate private-sector entities to facilitate 
     the formation of such partnerships.
       ``(g) Employment With DOD Contractors.--The Secretary of 
     Defense shall examine and seek ways for incorporating hiring 
     preferences for qualified spouses of members of the armed 
     forces into contracts between the Department of Defense and 
     private-sector entities.''.

     SEC. 562. AUTHORITY TO CONDUCT SURVEYS OF DEPENDENTS AND 
                   SURVIVORS OF MILITARY RETIREES.

       (a) Extension of Survey Authority.--Subsection (a) of 
     section 1782 of title 10, United States Code, is amended to 
     read as follows:
       ``(a) Authority.--The Secretary of Defense, in order to 
     determine the effectiveness of Federal programs relating to 
     military families and the need for new programs, may conduct 
     surveys of--
       ``(1) members of the armed forces who are on active duty, 
     in an active status, or retired;
       ``(2) family members of such members; and
       ``(3) survivors of retired members.''.
       (b) Conforming Amendment.--Subsection (c) of such section 
     is amended by striking ``family members'' and all that 
     follows through ``armed forces'' the second place it appears 
     and inserting ``persons covered by subsection (a)''.

     SEC. 563. CLARIFICATION OF TREATMENT OF CLASSIFIED 
                   INFORMATION CONCERNING PERSONS IN A MISSING 
                   STATUS.

       Section 1506(b)(2) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(A)'' after ``(2)'';
       (2) by striking the period at the end and inserting ``of 
     all missing persons from the conflict or period of war to 
     which the classified information pertains.''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) For purposes of subparagraph (A), information shall 
     be considered to be made reasonably available if placed in a 
     separate and distinct file that is available for review by 
     persons specified in subparagraph (A) upon the request of any 
     such person either to review the separate file or to review 
     the personnel file of the missing person concerned.''.

     SEC. 564. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN OF 
                   PERSONS UNACCOUNTED FOR FROM CONFLICTS AFTER 
                   WORLD WAR II.

       (a) In General.--(1) Chapter 157 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2647. Transportation to annual meeting of next-of-kin 
       of persons unaccounted for from conflicts after World War 
       II

       ``The Secretary of Defense may provide transportation for 
     the next-of-kin of persons who are unaccounted for from the 
     Korean conflict, the Cold War, Vietnam War era, or the 
     Persian Gulf War to and from an annual meeting in the United 
     States. Such transportation shall be provided under such 
     regulations as the Secretary of Defense may prescribe.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2647. Transportation to annual meeting of next-of-kin of persons 
              unaccounted for from conflicts after World War II.''.

       (b) Effective Date.--Section 2647 of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2001, or the date of the enactment of this Act, 
     whichever is later.

     SEC. 565. AMENDMENTS TO CHARTER OF DEFENSE TASK FORCE ON 
                   DOMESTIC VIOLENCE.

       (a) Members Appointed From Private Sector.--Subsection 
     (h)(1) of section 591 of the National Defense Authorization 
     Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 639; 
     10 U.S.C. 1562 note) is amended--
       (1) by inserting ``who is a member of the Armed Forces or 
     civilian officer or employee of the United States'' after 
     ``Each member of the task force'';
       (2) by striking ``, but shall'' and all that follows and 
     inserting a period; and
       (3) by adding at the end the following new sentence: 
     ``Other members of the task force shall be appointed in 
     accordance with, and subject to, section 3161 of title 5, 
     United States Code.''.
       (b) Extension of Termination Date.--Subsection (j) of such 
     section is amended by striking ``three years after the date 
     of the enactment of this Act'' and inserting ``on April 24, 
     2003''.

             Subtitle H--Military Justice and Legal Matters

     SEC. 571. REQUIREMENT THAT COURTS-MARTIAL CONSIST OF NOT LESS 
                   THAN 12 MEMBERS IN CAPITAL CASES.

       (a) Classification of General Court-Martial in Capital 
     Cases.--Section 816(1)(A) of title 10, United States Code 
     (article 16(1)(A) of the Uniform Code of Military Justice) is 
     amended by inserting after ``five members'' the following: 
     ``or, in a case in which the accused may be sentenced to a 
     penalty of death, the number of members determined under 
     section 825a of this title (article 25a)''.
       (b) Number of Members Required.--(1) Chapter 47 of title 
     10, United States Code (the Uniform Code of Military 
     Justice), is amended by inserting after section 825 (article 
     25) the following new section:

     ``Sec. 825a. Art. 25a. Number of members in capital cases

       ``In a case in which the accused may be sentenced to a 
     penalty of death, the number of members shall be not less 
     than 12, unless 12 members are not reasonably available 
     because of physical conditions or military exigencies, in 
     which case the convening authority shall specify a lesser 
     number of members not less than five, and the court may be 
     assembled and the trial held with not less than the number of 
     members so specified. In such a case, the convening authority 
     shall make a detailed written statement, to be appended to 
     the record, stating why a greater number of members were not 
     reasonably available.''.
       (2) The table of sections at the beginning of subchapter V 
     of such chapter is amended by inserting after the item 
     relating to section 825 (article 25) the following new item:

``825a. 25a. Number of members in capital cases.''.

       (c) Absent and Additional Members.--Section 829(b) of such 
     title (article 29 of the Uniform Code of Military Justice) is 
     amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) by striking ``five members'' both places it appears and 
     inserting ``the applicable minimum number of members''; and
       (3) by adding at the end the following new paragraph:
       ``(2) In this section, the term `applicable minimum number 
     of members' means five members or, in a case in which the 
     death penalty may be adjudged, the number of members 
     determined under section 825a of this title (article 25a).''.
       (d) Applicability.--The amendments made by this section 
     shall apply with respect to offenses committed after the date 
     of the enactment of this Act.

     SEC. 572. RIGHT OF CONVICTED ACCUSED TO REQUEST SENTENCING BY 
                   MILITARY JUDGE.

       (a) Sentencing by Judge.--(1) Chapter 47 of title 10, 
     United States Code (the Uniform Code of Military Justice), is 
     amended by inserting after section 852 (article 52) the 
     following new section:

     ``Sec. 852a. Art. 52a. Right of accused to request sentencing 
       by military judge rather than by members

       ``(a) In the case of an accused convicted of an offense by 
     a court-martial composed of a military judge and members, the 
     sentence shall be tried before and adjudged by the military 
     judge rather than the members if, after the findings are 
     announced and before evidence in the sentencing proceeding is 
     introduced, the accused, knowing the identity of the military 
     judge and after consultation with defense counsel, requests 
     orally on the record or in writing that the sentence be tried 
     before and adjudged by the military judge rather than the 
     members.

[[Page 17403]]

       ``(b) This section shall not apply with respect to an 
     offense for which the death penalty may be adjudged unless 
     the case has been previously referred to trial as a 
     noncapital case.''.
       (2) The table of sections at the beginning of subchapter 
     VII of such chapter is amended by inserting after the item 
     relating to section 852 (article 52) the following new item:

``852a. 52a. Right of accused to request sentencing by military judge 
              rather than by members.''.

       (b) Effective Date.--Section 852a of title 10, United 
     States Code (article 52a of the Uniform Code of Military 
     Justice), as added by subsection (a), shall apply with 
     respect to offenses committed after the date of the enactment 
     of this Act.

     SEC. 573. CODIFICATION OF REQUIREMENT FOR REGULATIONS FOR 
                   DELIVERY OF MILITARY PERSONNEL TO CIVIL 
                   AUTHORITIES WHEN CHARGED WITH CERTAIN OFFENSES

       (a) Codification of Existing Provisions.--Section 814 of 
     title 10, United States Code (article 14 of the Uniform Code 
     of Military Justice), is amended by adding at the end the 
     following new subsection:
       ``(c) The Secretary of Defense shall ensure that the 
     Secretaries of the military departments prescribe regulations 
     under subsection (a) and that those regulations are uniform 
     throughout the armed forces under the jurisdiction of the 
     Secretary of Defense. Those regulations shall--
       ``(1) specifically provide for the delivery to the 
     appropriate civil authority for trial, in any appropriate 
     case, of a member accused by civil authority of parental 
     kidnapping or a similar offense, including criminal contempt 
     arising from any such offense or from child custody matters; 
     and
       ``(2) specifically address the special needs for the 
     exercise of the authority contained in this section (article) 
     in a case in which a member of the armed forces assigned 
     overseas is accused of an offense by civil authority.''.
       (b) Repeal of Codified Provisions.--Section 721 of the 
     National Defense Authorization Act, Fiscal Year 1989 (Public 
     Law 100-456; 10 U.S.C. 814 note), is repealed.

     SEC. 574. AUTHORITY TO ACCEPT VOLUNTARY LEGAL SERVICES FOR 
                   MEMBERS OF THE ARMED FORCES.

       (a) Authority.--Subsection (a) of section 1588 of title 10, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(5) Voluntary legal assistance services under section 
     1044 of this title.''.
       (b) Applicable Federal Laws.--Subsection (d)(1) of such 
     section is amended by adding at the end the following new 
     subparagraph:
       ``(E) Section 1054 of this title (relating to defense of 
     certain suits arising out of legal malpractice), in the case 
     of persons providing voluntary legal assistance services 
     under subsection (a)(5).''.

                       Subtitle I--Other Matters

     SEC. 581. SHIPMENT OF PRIVATELY OWNED VEHICLES WHEN MAKING 
                   PERMANENT CHANGE OF STATION MOVES WITHIN UNITED 
                   STATES.

       Section 2634(h)(1) of title 10, United States Code, is 
     amended by inserting ``or when the Secretary concerned 
     determines that the transport of a vehicle upon such a 
     transfer is advantageous and cost-effective to the United 
     States'' before the period at the end.

     SEC. 582. PAYMENT OF VEHICLE STORAGE COSTS IN ADVANCE.

       Section 2634(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) Storage costs payable under this subsection may be 
     paid in advance.''.

     SEC. 583. PERMANENT AUTHORITY FOR USE OF MILITARY RECRUITING 
                   FUNDS FOR CERTAIN EXPENSES AT DEPARTMENT OF 
                   DEFENSE RECRUITING FUNCTIONS.

       (a) Repeal of Termination Provision.--Section 520c of title 
     10, United States Code, is amended by striking subsection 
     (c).
       (b) Technical Amendments.--Subsection (a) of such section 
     is amended--
       (1) in paragraph (4), by striking ``recruiting events'' and 
     inserting ``recruiting functions''; and
       (2) in paragraph (5), by striking ``recruiting efforts'' 
     the first place it appears and inserting ``recruiting 
     functions''.

     SEC. 584. CLARIFICATION OF MILITARY RECRUITER ACCESS TO 
                   SECONDARY SCHOOL DIRECTORY INFORMATION ABOUT 
                   STUDENTS.

       Section 503(c)(1) of title 10, United States Code, is 
     amended by striking ``purposes,'' and all that follows and 
     inserting the following: ``purposes--
       ``(A) the same access to secondary school students as is 
     provided generally to post-secondary educational institutions 
     or to prospective employers of those students; and
       ``(B) the same access to directory information concerning 
     those students as is provided to a post-secondary educational 
     institution upon an indication by a secondary school student 
     that the student seeks to enroll or intends to enroll at that 
     institution.''.

     SEC. 585. REPEAL OF REQUIREMENT FOR FINAL COMPTROLLER GENERAL 
                   REPORT RELATING TO ARMY END STRENGTH 
                   ALLOCATIONS.

       Section 552 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 319; 10 
     U.S.C. 115 note) is repealed.

     SEC. 586. POSTHUMOUS ARMY COMMISSION IN THE GRADE OF CAPTAIN 
                   IN THE CHAPLAINS CORPS TO ELLA E. GIBSON FOR 
                   SERVICE AS CHAPLAIN OF THE FIRST WISCONSIN 
                   HEAVY ARTILLERY REGIMENT DURING THE CIVIL WAR.

       The President is authorized and requested to posthumously 
     appoint Ella E. Gibson to the grade of captain in the 
     Chaplains Corps of the Army, the commission to issue as of 
     the date of her appointment as chaplain to the First 
     Wisconsin Heavy Artillery regiment during the Civil War and 
     to be considered to have been in effect during the time 
     during which she faithfully performed the services of a 
     chaplain to that regiment and for which Congress by law 
     (Private Resolution 31 of the 40th Congress, approved March 
     3, 1869) previously provided for her to be paid the full pay 
     and emoluments of a chaplain in the United States Army as if 
     she had been regularly commissioned and mustered into 
     service.

     SEC. 587. NATIONAL GUARD CHALLENGE PROGRAM.

       (a) Termination of Limitation on Federal Expenditures.--
     Subsection (b)(2)(A) of section 509 of title 32, United 
     States Code, is amended by striking ``in a fiscal year'' and 
     inserting ``in fiscal year 2001 or 2002''.
       (b) Matching Funds Requirements.--Subsection (d) of such 
     section is amended by striking paragraphs (1) through (4) and 
     inserting the following new paragraphs:
       ``(1) for fiscal years 2001 and 2002, 60 percent of the 
     costs of operating the State program during that fiscal year; 
     and
       ``(2) for fiscal year 2003 and each subsequent fiscal year, 
     75 percent of the costs of operating the State program during 
     that fiscal year.''.
       (c) Repeal of Contingent Funding for JROTC.--(1) Section 
     2033 of title 10, United States Code, is repealed.
       (2) The table of sections at the beginning of chapter 102 
     of such title is amended by striking the item relating to 
     section 2033.
       (3) The amendments made by this subsection shall take 
     effect on October 1, 2002.

     SEC. 588. PAYMENT OF FEHBP PREMIUMS FOR CERTAIN RESERVISTS 
                   CALLED TO ACTIVE DUTY IN SUPPORT OF CONTINGENCY 
                   OPERATIONS.

       (a) In General.--Subsection (e) of section 8906 of title 5, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3)(A) An employing agency may pay both the employee and 
     Government contributions, and any additional administrative 
     expenses otherwise chargeable to the employee, with respect 
     to health care coverage for an employee described in 
     subparagraph (B) and the family of such employee.
       ``(B) An employee referred to in subparagraph (A) is an 
     employee who--
       ``(i) is enrolled in a health benefits plan under this 
     chapter;
       ``(ii) is a member of a reserve component of the armed 
     forces;
       ``(iii) is called or ordered to active duty in support of a 
     contingency operation (as defined in section 101(a)(13) of 
     title 10);
       ``(iv) is placed on leave without pay or separated from 
     service to perform active duty; and
       ``(v) serves on active duty for a period of more than 30 
     consecutive days.
       ``(C) Notwithstanding the one-year limitation on coverage 
     described in paragraph (1)(A), payment may be made under this 
     paragraph for a period not to exceed 18 months.''.
       (b) Conforming Amendment.--The matter preceding paragraph 
     (1) in subsection (f) of such section is amended to read as 
     follows:
       ``(f) The Government contribution, and any additional 
     payments under subsection (e)(3)(A), for health benefits for 
     an employee shall be paid--''.
       (c) Applicability.--The amendments made by this section 
     apply with respect to employees called to active duty on or 
     after December 8, 1995, and an agency may make retroactive 
     payments to such employees for premiums paid on or after such 
     date.

     SEC. 589. 18-MONTH ENLISTMENT PILOT PROGRAM.

       (a) In General.--(1) Chapter 333 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3264. 18-month enlistment pilot program

       ``(a) During the pilot program period, the Secretary of the 
     Army shall carry out a pilot program with the objective of 
     increasing participation of prior service persons in the 
     Selected Reserve and providing assistance in building the 
     pool of participants in the Individual Ready Reserve.
       ``(b) Under the program, the Secretary may, notwithstanding 
     section 505(c) of this title, accept persons for original 
     enlistment in the Army for a term of enlistment consisting of 
     18 months service on active duty, to be followed by three 
     years of service in the Selected Reserve and then service in 
     the Individual Ready Reserve to complete the military service 
     obligation.
       ``(c) No more than 10,000 persons may be accepted for 
     enlistment in the Army through the program under this 
     section.
       ``(d) A person enlisting in the Army through the program 
     under this section is eligible for an enlistment bonus under 
     section 309 of title 37, notwithstanding the enlistment time 
     period specified in subsection (a) of that section.
       ``(e) For purposes of the program under this section, the 
     pilot program period is the period beginning on October 1, 
     2003, and ending on December 31, 2007.
       ``(f) Not later than December 31, 2007, and December 31, 
     2012, the Secretary of the Army shall

[[Page 17404]]

     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives a report on the program under this section. 
     In each such report, the Secretary shall set forth the views 
     of the Secretary on the success of the program in meeting the 
     objectives stated in subsection (a) and whether the program 
     should be continued and, if so, whether it should be modified 
     or expanded.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``3264. 18-month enlistment pilot program.''.

       (b) Implementation Report.--The Secretary of the Army shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives a report on the Secretary's plan for 
     implementation of section 3264 of title 10, United States 
     Code, as added by subsection (a). Such report shall be 
     submitted not later than March 1, 2002.

     SEC. 590. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS 
                   DEPLOYMENTS.

       (a) Funding Source for Allowance.--Section 436(a) of title 
     37, United States Code, is amended by adding at the end the 
     following new sentence: ``The Secretary shall pay the 
     allowance from appropriations available for operation and 
     maintenance for the armed force in which the member 
     serves.''.
       (b) Expanded Report Regarding Management of Individual 
     Member Deployments.--Section 574(d) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted by Public Law 106-398; 114 Stat. 1654A-138) is 
     amended in the second sentence by striking paragraphs (1) and 
     (2) and inserting the following new paragraphs:
       ``(1) a discussion of the experience in tracking and 
     recording the deployments of members of the Armed Forces and 
     the payment of the per diem allowance for lengthy or numerous 
     deployments in accordance with section 436 of title 37, 
     United States Code;
       ``(2) specific comments regarding the effect of section 991 
     of title 10, United States Code, and section 436 of title 37, 
     United States Code, on the readiness of the Navy and Marine 
     Corps given the deployment intensive mission of these 
     services; and
       ``(3) any recommendations for revision of section 991 of 
     title 10, United States Code, or section 436 of title 37, 
     United States Code, that the Secretary considers 
     appropriate.''.

     SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE IN GROUND 
                   COMBAT EXCLUSION POLICY.

       Section 542(b) of the National Defense Authorization Act 
     for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 113 note) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``not less than 90 days''; and
       (B) by adding at the end the following new sentence: ``Such 
     a change may then be implemented only after the end of a 
     period of 60 days of continuous session of Congress 
     (excluding any day on which either House of Congress is not 
     in session) following the date on which the report is 
     received.''; and
       (2) by adding at the end the following new paragraph:
       ``(5) For purposes of this subsection, the continuity of a 
     session of Congress is broken only by an adjournment of the 
     Congress sine die.''.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

     SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2002 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2002, 
     the rates of monthly basic pay for members of the uniformed 
     services within each pay grade are as follows:
       

                        COMMISSIONED OFFICERS \1\
 Years of service computed under section 205 of title 37, United States
                                  Code
------------------------------------------------------------------------
    Pay Grade     2 or less    Over 2     Over 3     Over 4     Over 6
------------------------------------------------------------------------
O-10 \2\........      $0.00      $0.00      $0.00      $0.00       $0.00
O-9.............       0.00       0.00       0.00       0.00        0.00
O-8.............   7,180.20   7,415.40   7,571.10   7,614.90    7,809.30
O-7.............   5,966.40   6,371.70   6,371.70   6,418.20    6,657.90
O-6.............   4,422.00   4,857.90   5,176.80   5,176.80    5,196.60
O-5.............   3,537.00   4,152.60   4,440.30   4,494.30    4,673.10
O-4.............   3,023.70   3,681.90   3,927.60   3,982.50    4,210.50
O-3 \3\.........   2,796.60   3,170.40   3,421.80   3,698.70    3,875.70
O-2 \3\.........   2,416.20   2,751.90   3,169.50   3,276.30    3,344.10
O-1 \3\.........   2,097.60   2,183.10   2,638.50   2,638.50    2,638.50
                 -------------------------------------------------------
                    Over 8    Over 10    Over 12    Over 14     Over 16
                 -------------------------------------------------------
O-10 \2\........      $0.00      $0.00      $0.00      $0.00       $0.00
O-9.............       0.00       0.00       0.00       0.00        0.00
O-8.............   8,135.10   8,210.70   8,519.70   8,608.50    8,874.30
O-7.............   6,840.30   7,051.20   7,261.80   7,472.70    8,135.10
O-6.............   5,418.90   5,448.60   5,448.60   5,628.60    6,305.70
O-5.............   4,673.10   4,813.50   5,073.30   5,413.50    5,755.80
O-4.............   4,395.90   4,696.20   4,930.20   5,092.50    5,255.70
O-3 \3\.........   4,070.10   4,232.40   4,441.20   4,549.50    4,549.50
O-2 \3\.........   3,344.10   3,344.10   3,344.10   3,344.10    3,344.10
O-1 \3\.........   2,638.50   2,638.50   2,638.50   2,638.50    2,638.50
                 -------------------------------------------------------
                   Over 18    Over 20    Over 22    Over 24     Over 26
                 -------------------------------------------------------
O-10 \2\........      $0.00  11,601.90  11,659.20  11,901.30   12,324.00
O-9.............       0.00  10,147.50  10,293.60  10,504.80   10,873.80
O-8.............   9,259.50   9,614.70   9,852.00   9,852.00    9,852.00
O-7.............   8,694.90   8,694.90   8,694.90   8,694.90    8,738.70
O-6.............   6,627.00   6,948.30   7,131.00   7,316.10    7,675.20
O-5.............   5,919.00   6,079.80   6,262.80   6,262.80    6,262.80
O-4.............   5,310.60   5,310.60   5,310.60   5,310.60    5,310.60
O-3 \3\.........   4,549.50   4,549.50   4,549.50   4,549.50    4,549.50
O-2 \3\.........   3,344.10   3,344.10   3,344.10   3,344.10    3,344.10
O-1 \3\.........   2,638.50   2,638.50   2,638.50   2,638.50    2,638.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
  actual rate of basic pay for commissioned officers in pay grades 0-7
  through O-10 may not exceed the rate of pay for level III of the
  Executive Schedule and the actual rate of basic pay for all other
  officers may not exceed the rate of pay for level V of the Executive
  Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice
  Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
  Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
  of the Marine Corps, or Commandant of the Coast Guard, the rate of
  basic pay for this grade is $13,598.10, regardless of cumulative years
  of service computed under section 205 of title 37, United States Code.
\3\ This table does not apply to commissioned officers in pay grade O-1,
  O-2, or O-3 who have been credited with over 4 years of active duty
  service as an enlisted member or warrant officer.


  COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
                   ENLISTED MEMBER OR WARRANT OFFICER
 Years of service computed under section 205 of title 37, United States
                                  Code
------------------------------------------------------------------------
    Pay Grade     2 or less    Over 2     Over 3     Over 4     Over 6
------------------------------------------------------------------------
O-3E............      $0.00      $0.00      $0.00   3,698.70    3,875.70
O-2E............       0.00       0.00       0.00   3,276.30    3,344.10
O-1E............       0.00       0.00       0.00   2,638.50    2,818.20
                 -------------------------------------------------------

[[Page 17405]]

 
                    Over 8    Over 10    Over 12    Over 14     Over 16
                 -------------------------------------------------------
O-3E............   4,070.10   4,232.40   4,441.20   4,617.00    4,717.50
O-2E............   3,450.30   3,630.00   3,768.90   3,872.40    3,872.40
O-1E............   2,922.30   3,028.50   3,133.20   3,276.30    3,276.30
                 -------------------------------------------------------
                   Over 18    Over 20    Over 22    Over 24     Over 26
                 -------------------------------------------------------
O-3E............   4,855.20   4,855.20   4,855.20   4,855.20    4,855.20
O-2E............   3,872.40   3,872.40   3,872.40   3,872.40    3,872.40
O-1E............   3,276.30   3,276.30   3,276.30   3,276.30    3,276.30
------------------------------------------------------------------------


                          WARRANT OFFICERS \1\
 Years of service computed under section 205 of title 37, United States
                                  Code
------------------------------------------------------------------------
    Pay Grade     2 or less    Over 2     Over 3     Over 4     Over 6
------------------------------------------------------------------------
W-5.............      $0.00      $0.00      $0.00      $0.00       $0.00
W-4.............   2,889.60   3,108.60   3,198.00   3,285.90    3,437.10
W-3.............   2,638.80   2,862.00   2,862.00   2,898.90    3,017.40
W-2.............   2,321.40   2,454.00   2,569.80   2,654.10    2,726.40
W-1.............   2,049.90   2,217.60   2,330.10   2,402.70    2,511.90
                 -------------------------------------------------------
                    Over 8    Over 10    Over 12    Over 14     Over 16
                 -------------------------------------------------------
W-5.............      $0.00      $0.00      $0.00      $0.00       $0.00
W-4.............   3,586.50   3,737.70   3,885.30   4,038.00    4,184.40
W-3.............   3,152.40   3,330.90   3,439.50   3,558.30    3,693.90
W-2.............   2,875.20   2,984.40   3,093.90   3,200.40    3,318.00
W-1.............   2,624.70   2,737.80   2,850.00   2,963.70    3,077.10
                 -------------------------------------------------------
                   Over 18    Over 20    Over 22    Over 24     Over 26
                 -------------------------------------------------------
W-5.............      $0.00   4,965.60   5,136.00   5,307.00    5,478.60
W-4.............   4,334.40   4,480.80   4,632.60   4,782.00    4,935.30
W-3.............   3,828.60   3,963.60   4,098.30   4,233.30    4,368.90
W-2.............   3,438.90   3,559.80   3,680.10   3,801.30    3,801.30
W-1.............   3,189.90   3,275.10   3,275.10   3,275.10    3,275.10
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
  actual rate of basic pay for warrant officers may not exceed the rate
  of pay for level V of the Executive Schedule.


                          ENLISTED MEMBERS \1\
 Years of service computed under section 205 of title 37, United States
                                  Code
------------------------------------------------------------------------
    Pay Grade     2 or less    Over 2     Over 3     Over 4     Over 6
------------------------------------------------------------------------
E-9 \2\.........      $0.00      $0.00      $0.00      $0.00       $0.00
E-8.............       0.00       0.00       0.00       0.00        0.00
E-7.............   1,986.90   2,169.00   2,251.50   2,332.50    2,417.40
E-6.............   1,701.00   1,870.80   1,953.60   2,033.70    2,117.40
E-5.............   1,561.50   1,665.30   1,745.70   1,828.50    1,912.80
E-4.............   1,443.60   1,517.70   1,599.60   1,680.30    1,752.30
E-3.............   1,303.50   1,385.40   1,468.50   1,468.50    1,468.50
E-2.............   1,239.30   1,239.30   1,239.30   1,239.30    1,239.30
E-1.............        \3\   1,105.50   1,105.50   1,105.50    1,105.50
                   1,105.50
                 -------------------------------------------------------
                    Over 8    Over 10    Over 12    Over 14     Over 16
                 -------------------------------------------------------
E-9 \2\.........      $0.00  $3,423.90   3,501.30   3,599.40    3,714.60
E-8.............   2,858.10   2,940.60   3,017.70   3,110.10    3,210.30
E-7.............   2,562.90   2,645.10   2,726.40   2,808.00    2,892.60
E-6.............   2,254.50   2,337.30   2,417.40   2,499.30    2,558.10
E-5.............   2,030.10   2,110.20   2,193.30   2,193.30    2,193.30
E-4.............   1,752.30   1,752.30   1,752.30   1,752.30    1,752.30
E-3.............   1,468.50   1,468.50   1,468.50   1,468.50    1,468.50
E-2.............   1,239.30   1,239.30   1,239.30   1,239.30    1,239.30
E-1.............   1,105.50   1,105.50   1,105.50   1,105.50    1,105.50
                 -------------------------------------------------------
                   Over 18    Over 20    Over 22    Over 24     Over 26
                 -------------------------------------------------------
E-9 \2\.........  $3,830.40   3,944.10   4,098.30   4,251.30    4,467.00
E-8.............   3,314.70   3,420.30   3,573.00   3,724.80    3,937.80
E-7.............   2,975.10   3,057.30   3,200.40   3,292.80    3,526.80
E-6.............   2,602.80   2,602.80   2,602.80   2,602.80    2,602.80
E-5.............   2,193.30   2,193.30   2,193.30   2,193.30    2,193.30
E-4.............   1,752.30   1,752.30   1,752.30   1,752.30    1,752.30
E-3.............   1,468.50   1,468.50   1,468.50   1,468.50    1,468.50
E-2.............   1,239.30   1,239.30   1,239.30   1,239.30    1,239.30
E-1.............   1,105.50   1,105.50   1,105.50   1,105.50    1,105.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
  actual rate of basic pay for enlisted members may not exceed the rate
  of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major
  of the Army, Master Chief Petty Officer of the Navy, Chief Master
  Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
  Master Chief Petty Officer of the Coast Guard, basic pay for this
  grade is $5,382.90, regardless of cumulative years of service computed
  under section 205 of title 37, United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4
  months on active duty, the rate of basic pay is $1,022.70.


[[Page 17406]]

     SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED 
                   OFFICERS WITH PRIOR SERVICE AS AN ENLISTED 
                   MEMBER OR WARRANT OFFICER.

       Section 203(d) of title 37, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) by striking ``who is credited'' and all that follows 
     through ``and enlisted member'' and inserting ``is described 
     in paragraph (2)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) applies with respect to a commissioned 
     officer in pay grade O-1, O-2, or O-3 who--
       ``(A) is credited with a total of over four years' active 
     service as warrant officer or as a warrant officer and 
     enlisted member; or
       ``(B) earned a total of more than 1,460 points credited 
     under section 12732(a)(2) of title 10 while serving as a 
     warrant officer or enlisted member.''.

     SEC. 603. SUBSISTENCE ALLOWANCES.

       (a) Basic Allowance for Subsistence.--Section 402 of title 
     37, United States Code, is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(4) For purposes of implementing paragraph (2), the 
     monthly rate of basic allowance for subsistence that was in 
     effect for an enlisted member for calendar year 2001 shall be 
     deemed to be $233.''; and
       (2) by striking subsection (d) and inserting the following 
     new subsection:
       ``(d) Special Rule for Enlisted Members Who Mess 
     Separately.--The Secretary of Defense may prescribe a basic 
     allowance for subsistence for enlisted members at a rate 
     higher than the rate provided for in subsection (b) when 
     messing facilities of the United States are not available for 
     the members.''
       (b) Termination of BAS Transitional Authority.--Effective 
     as of October 1, 2001, section 603(c) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted by Public Law 106-398; 114 Stat. 1654A-145) is 
     amended by striking ``October 1, 2001'' and inserting 
     ``January 1, 2002''.
       (c) Family Subsistence Supplemental Allowance for Low-
     Income Members of the Armed Forces.--Section 402a(b)(1) of 
     title 37, United States Code, is amended by inserting ``with 
     dependents'' after ``a member of the armed forces''.

     SEC. 604. ELIGIBILITY FOR BASIC ALLOWANCE FOR HOUSING WHILE 
                   BETWEEN PERMANENT DUTY STATIONS.

       (a) Repeal of Pay Grade Limitation.--Section 403(i) of 
     title 37, United States Code, is amended by striking ``who is 
     in a pay grade E-4 (4 or more years of service) or above''.
       (b) Effective Date; Application.--The amendment made by 
     this section shall take effect on January 1, 2003, and apply 
     to members of the uniformed services in a travel or leave 
     status between permanent duty stations on or after that date.

     SEC. 605. UNIFORM ALLOWANCE FOR OFFICERS.

       (a) Relation to Initial Uniform Allowance.--Section 
     416(b)(1) of title 37, United States Code, is amended by 
     striking ``$200'' and inserting ``$400''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as of October 1, 2000.

     SEC. 606. FAMILY SEPARATION ALLOWANCE FOR CERTAIN MEMBERS 
                   ELECTING TO SERVE UNACCOMPANIED TOUR OF DUTY.

       (a) Availability of Allowance.--Section 427(c) of title 37, 
     United States Code, is amended--
       (1) by striking ``A member'' in the first sentence and 
     inserting ``(1) Except as provided in paragraph (2) or (3), a 
     member'';
       (2) by redesignating the second sentence as paragraph (3); 
     and
       (3) by inserting after the first sentence the following new 
     paragraph:
       ``(2) A member who elects to serve an unaccompanied tour of 
     duty because the movement of a dependent of the member to the 
     permanent station is denied for certified medical reasons is 
     entitled to an allowance under subsection (a)(1)(A).''.
       (b) Effective Date; Application.--The amendments made by 
     this section shall take effect on January 1, 2002. Paragraph 
     (2) of section 427(c) of title 37, United States Code, as 
     added by subsection (a), shall apply with respect to pay 
     periods beginning on or after that date for a member of the 
     uniformed services covered by such paragraph regardless of 
     the date on which the member first made the election to serve 
     an unaccompanied tour of duty.

           Subtitle B--Bonuses and Special and Incentive Pays

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

       (a) Special Pay for Health Professionals in Critically 
     Short Wartime Specialties.--Section 302g(f ) of title 37, 
     United States Code, is amended by striking ``December 31, 
     2001'' and inserting ``December 31, 2002''.
       (b) Selected Reserve Reenlistment Bonus.--Section 308b(f ) 
     of such title is amended by striking ``December 31, 2001'' 
     and inserting ``December 31, 2002''.
       (c) Selected Reserve Enlistment Bonus.--Section 308c(e) of 
     such title is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (d) Special Pay for Enlisted Members Assigned to Certain 
     High Priority Units.--Section 308d(c) of such title is 
     amended by striking ``December 31, 2001'' and inserting 
     ``December 31, 2002''.
       (e) Selected Reserve Affiliation Bonus.--Section 308e(e) of 
     such title is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (f ) Ready Reserve Enlistment and Reenlistment Bonus.--
     Section 308h(g) of such title is amended by striking 
     ``December 31, 2001'' and inserting ``December 31, 2002''.
       (g) Prior Service Enlistment Bonus.--Section 308i(f ) of 
     such title is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (h) Repayment of Education Loans for Certain Health 
     Professionals Who Serve in the Selected Reserve.--Section 
     16302(d) of title 10, United States Code, is amended by 
     striking ``January 1, 2002'' and inserting ``January 1, 
     2003''.

     SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                   AUTHORITIES FOR NURSE OFFICER CANDIDATES, 
                   REGISTERED NURSES, AND NURSE ANESTHETISTS.

       (a) Nurse Officer Candidate Accession Program.--Section 
     2130a(a)(1) of title 10, United States Code, is amended by 
     striking ``December 31, 2001'' and inserting ``December 31, 
     2002''.
       (b) Accession Bonus for Registered Nurses.--Section 
     302d(a)(1) of title 37, United States Code, is amended by 
     striking ``December 31, 2001'' and inserting ``December 31, 
     2002''.
       (c) Incentive Special Pay for Nurse Anesthetists.--Section 
     302e(a)(1) of title 37, United States Code, is amended by 
     striking ``December 31, 2001'' and inserting ``December 31, 
     2002''.

     SEC. 613. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY 
                   AUTHORITIES.

       (a) Aviation Officer Retention Bonus.--Section 301b(a) of 
     title 37, United States Code, is amended by striking 
     ``December 31, 2001'' and inserting ``December 31, 2002''.
       (b) Reenlistment Bonus for Active Members.--Section 308(g) 
     of such title is amended by striking ``December 31, 2001'' 
     and inserting ``December 31, 2002''.
       (c) Enlistment Bonus for Active Members.--Section 309(e) of 
     such title is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (d) Special Pay for Nuclear-Qualified Officers Extending 
     Period of Active Service.--Section 312(e) of such title is 
     amended by striking ``December 31, 2001'' and inserting 
     ``December 31, 2002''.
       (e) Nuclear Career Accession Bonus.--Section 312b(c) of 
     such title is amended by striking ``December 31, 2001'' and 
     inserting ``December 31, 2002''.
       (f) Nuclear Career Annual Incentive Bonus.--Section 312c(d) 
     of such title is amended by striking ``December 31, 2001'' 
     and inserting ``December 31, 2002''.
       (g) Retention Bonus for Members With Critical Military 
     Skills.--Section 323(i) of such title is amended by striking 
     ``December 31, 2001'' and inserting ``December 31, 2002''.

     SEC. 614. CONFORMING ACCESSION BONUS FOR DENTAL OFFICERS 
                   AUTHORITY WITH AUTHORITIES FOR OTHER SPECIAL 
                   PAY AND BONUSES.

       Section 302h(a)(1) of title 37, United States Code, is 
     amended by striking ``the date of the enactment of this 
     section, and ending on September 30, 2002'' and inserting 
     ``September 23, 1996, and ending on December 31, 2002''.

     SEC. 615. ADDITIONAL TYPE OF DUTY RESULTING IN ELIGIBILITY 
                   FOR HAZARDOUS DUTY INCENTIVE PAY.

       (a) Performance of Maritime Board and Search Operations.--
     Section 301(a) of title 37, United States Code, is amended--
       (1) in paragraph (10), by striking ``or'' at the end;
       (2) by redesignating paragraph (11) as paragraph (12); and
       (3) by inserting after paragraph (10) the following new 
     paragraph:
       ``(11) involving regular participation as a member of a 
     team conducting visit, board, search, and seizure operations 
     aboard vessels in support of maritime interdiction 
     operations; or''.
       (b) Monthly Amount.--Subsection (c) of such section is 
     amended--
       (1) in paragraph (1), by striking ``(10)'' and inserting 
     ``(11)''; and
       (2) in paragraph (2)(A), by striking ``(11)'' and inserting 
     ``(12)''.
       (c) Effective Date; Application.--The amendments made by 
     this section shall take effect on January 1, 2002, and apply 
     to duty described in the amendment made by subsection (a)(2) 
     on or after that date.

     SEC. 616. EQUAL TREATMENT OF RESERVISTS PERFORMING INACTIVE-
                   DUTY TRAINING FOR RECEIPT OF AVIATION CAREER 
                   INCENTIVE PAY.

       (a) Incentive Pay Equity for Reservists.--Subsection (d) of 
     section 301a of title 37, United States Code, is amended to 
     read as follows:
       ``(d) Members Performing Inactive-Duty Training.--Under 
     regulations prescribed by the President and to the extent 
     provided for by appropriations, in the case of a member of a 
     reserve component of a uniformed service, or of the National 
     Guard, who is entitled to compensation under section 206 of 
     this title, and who performs, under orders, duty described in 
     subsection (a), the member is also entitled to monthly 
     incentive pay under subsection (b) for the performance of 
     that duty in the same manner as a member with corresponding 
     years of aviation service who is entitled to basic pay. Such 
     member is entitled to the incentive pay for as long as the 
     member remains qualified for it,

[[Page 17407]]

     as provided in subsection (a). This subsection does not apply 
     to a member who is entitled to basic pay under section 204 of 
     this title.''.
       (b) Effective Date; Application.--The amendment made by 
     this section shall take effect on January 1, 2002, and apply 
     to duty described in the amendment made by subsection (a)(2) 
     on or after that date.

     SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUBMARINE 
                   DUTY INCENTIVE PAY RATES.

       (a) Authority of Secretary of the Navy; Maximum Rate.--
     Section 301c of title 37, United States Code, is amended by 
     striking subsection (b) and inserting the following new 
     subsection:
       ``(b) Monthly Rates.--(1) Subject to paragraph (2), a 
     member who meets the requirements prescribed in subsection 
     (a) is entitled to monthly submarine duty incentive pay in an 
     amount prescribed by the Secretary of the Navy.
       ``(2) The monthly amount of submarine duty incentive pay 
     may not exceed $1,000.''.
       (b) Conforming Amendments.--Such section is further 
     amended--
       (1) in subsection (a), by striking ``set forth in'' each 
     place it appears and inserting ``prescribed pursuant to''; 
     and
       (2) in subsection (d), by striking ``authorized by'' and 
     inserting ``prescribed pursuant to''.
       (c) Effective Date; Transition.--The amendments made by 
     this section shall take effect on January 1, 2002. The tables 
     set forth in subsection (b) of section 301c of title 37, 
     United States Code, as in effect on December 31, 2001, shall 
     continue to apply until the Secretary of the Navy prescribes 
     new submarine duty incentive pay rates as authorized by the 
     amendment made by subsection (a).

     SEC. 618. IMPOSITION OF CRITICAL WARTIME SKILL REQUIREMENT 
                   FOR ELIGIBILITY FOR INDIVIDUAL READY RESERVE 
                   BONUS.

       Section 308h(a)(1) of title 37, United States Code, is 
     amended--
       (1) by striking ``and who'' and inserting ``, who is 
     qualified in a skill or speciality designated by the 
     Secretary concerned as critically short to meet wartime 
     requirements, and who''; and
       (2) by striking ``a combat or combat support skill of''.

     SEC. 619. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR CAREER 
                   STATUS BONUS.

       (a) Member Election.--Section 322(d) of title 37, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``paid in a single lump 
     sum of'' and inserting ``equal to'';
       (2) by redesignating paragraph (2) as paragraph (4), and in 
     such paragraph, by striking ``The bonus'' and inserting ``The 
     lump sum payment of the bonus, and the first installment 
     payment in the case of members who elect to receive the bonus 
     in installments,''; and
       (3) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) A member electing to receive the bonus under this 
     section shall elect one of the following payment options:
       ``(A) A single lump sum of $30,000.
       ``(B) Two installments of $15,000 each.
       ``(C) Three installments of $10,000 each.
       ``(D) Four installments of $7,500 each.
       ``(E) Five installments of $6,000 each.
       ``(3) If a member elects installment payments under 
     paragraph (2), the second installment (and subsequent 
     installments, as applicable) shall be paid on the earlier of 
     the following dates:
       ``(A) The annual anniversary date of the payment of the 
     first installment.
       ``(B) January 15 of each succeeding calendar year.''.
       (c) Effective Date; Application.--The amendments made by 
     this section shall take effect on the date of the enactment 
     of this Act. The Secretary concerned (as defined in section 
     101(5) of title 37, United States Code) shall extend to each 
     member of the uniformed services who has executed the written 
     agreement required by subsection (a)(2) of section 322 of 
     such title before that date, but who has not received the 
     lump sum payment by that date, an opportunity to make the 
     election authorized by subsection (d) of such section, as 
     amended by subsection (a) of this section.

     SEC. 620. ACCESSION BONUS FOR NEW OFFICERS.

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

     ``Sec. 324. Special pay: accession bonus for new officers

       ``(a) Accession Bonus Authorized.--Under regulations 
     prescribed by the Secretary concerned, a person who executes 
     a written agreement to accept a commission as an officer of 
     the armed forces and serve on active duty for the period 
     specified in the agreement may, upon acceptance of the 
     agreement by the Secretary concerned, be paid an accession 
     bonus in an amount determined by the Secretary concerned.
       ``(b) Limitation on Amount of Bonus.--The amount of an 
     accession bonus under subsection (a) may not exceed $100,000.
       ``(c) Payment Method.--Upon acceptance of a written 
     agreement under subsection (a) by the Secretary concerned, 
     the total amount of the accession bonus payable under the 
     agreement becomes fixed. The agreement shall specify whether 
     the accession bonus will be paid by the Secretary in a lump 
     sum or installments.
       ``(d) Relation to Other Accession Bonus Authority.--An 
     individual may not receive a accession bonus under this 
     section and section 302d, 302h, 302j, or 312b of this title 
     for the same period of service.
       ``(e) Repayment.--(1) If an individual who has entered into 
     an agreement under subsection (a) and has received all or 
     part of the accession bonus under the agreement fails to 
     accept a commission as an officer or to commence or complete 
     the total period of active duty service specified in the 
     agreement, the Secretary concerned may require the individual 
     to repay the United States, on a pro rata basis and to the 
     extent that the Secretary determines conditions and 
     circumstances warrant, any or all of the amount paid to the 
     individual under the agreement.
       ``(2) An obligation to repay the United States imposed 
     under paragraph (1) is for all purposes a debt owed to the 
     United States.
       ``(3) A discharge in bankruptcy under title 11 that is 
     entered less than five years after the termination of a 
     written agreement entered into under subsection (a) does not 
     discharge the individual signing the agreement from a debt 
     arising under such agreement or under paragraph (1).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``324. Special pay: accession bonus for new officers.''.

            Subtitle C--Travel and Transportation Allowances

     SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND TRANSPORTATION 
                   ALLOWANCE FOR TRAVEL PERFORMED UPON A CHANGE OF 
                   PERMANENT STATION AND CERTAIN OTHER TRAVEL.

       (a) Establishment of Rate.--Section 404(d) of title 37, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(5) The per diem rates established under paragraph (2)(A) 
     for travel performed in connection with a change of permanent 
     station or for travel described in paragraph (2) or (3) of 
     subsection (a) shall be equal to the standard per diem rates 
     established in the Federal travel regulation for travel 
     within the continental United States of civilian employees 
     and their dependents, unless the Secretaries concerned 
     determines that a higher rate for members is more 
     appropriate.''.
       (b) Effective Date; Application.--The amendment made by 
     this section shall take effect on January 1, 2003, and apply 
     to travel covered by such amendment that is performed on or 
     after that date by members of the uniformed services and 
     their dependents.

     SEC. 632. PAYMENT OR REIMBURSEMENT OF TEMPORARY SUBSISTENCE 
                   EXPENSES.

       (a) Inclusion of Officers.--Subsection (a)(2)(C) of section 
     404a of title 37, United States Code, is amended by striking 
     ``an enlisted member'' and inserting ``a member''.
       (b) Increase in Maximum Daily Authorized Rate.--Subsection 
     (e) of such section is amended by striking ``$110'' and 
     inserting ``$180''.
       (c) Effective Date; Application.--The amendments made by 
     this section shall take effect on January 1, 2002, and apply 
     with respect to an order in connection with a change of 
     permanent station issued on or after that date.

     SEC. 633. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF 
                   BAGGAGE AND HOUSEHOLD EFFECTS FOR JUNIOR 
                   ENLISTED MEMBERS.

       (a) Increased Weight Allowances.--The table in section 
     406(b)(1)(C) of title 37, United States Code, is amended--
       (1) by striking the two footnotes; and
       (2) by striking the items relating to pay grade E-1 through 
     E-4 and inserting the following new items:

 
 
 
``E-4.............................................      7,000      8,000
``E-3.............................................      5,000      8,000
``E-2.............................................      5,000      8,000
``E-1.............................................      5,000   8,000''.
 

       (b) Effective Date; Application.--The amendments made by 
     this section shall take effect on January 1, 2003, and apply 
     with respect to an order in connection with a change of 
     temporary or permanent station issued on or after that date.

     SEC. 634. REIMBURSEMENT OF MEMBERS FOR MANDATORY PET 
                   QUARANTINE FEES FOR HOUSEHOLD PETS.

       Section 406(a)(1) of title 37, United States Code, is 
     amended in the last sentence by striking ``$275'' and 
     inserting ``$675''.

     SEC. 635. AVAILABILITY OF DISLOCATION ALLOWANCE FOR MARRIED 
                   MEMBER, WHOSE SPOUSE IS A MEMBER, ASSIGNED TO 
                   MILITARY FAMILY HOUSING.

       (a) Allowance Available.--Section 407(a)(2) of title 37, 
     United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(F) A member married to another member, both of whom are 
     without other dependents, who actually moves to a new 
     permanent duty station where the member is assigned to family 
     housing provided by the United States, except that only one 
     dislocation allowance may be paid to the married couple with 
     respect to the move.''.
       (b) Effective Date; Application.--The amendments made by 
     this section shall take effect on January 1, 2003, and apply 
     with respect to an order to move for a member of a uniformed 
     service issued on or after that date.

     SEC. 636. ELIMINATION OF PROHIBITION ON RECEIPT OF 
                   DISLOCATION ALLOWANCE BY MEMBERS ORDERED TO 
                   FIRST DUTY STATION.

       (a) Allowance Available.--Section 407(e) of title 37, 
     United States Code, is amended--
       (1) by striking ``First or Last Duty'' and inserting 
     ``Effect of Order From Last Duty Station''; and

[[Page 17408]]

       (2) by striking ``from the member's home to the member's 
     first duty station or''.
       (b) Effective Date; Application.--The amendments made by 
     this section shall take effect on January 1, 2003, and apply 
     with respect to an order to move for a member of a uniformed 
     service issued on or after that date.

     SEC. 637. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED FOR 
                   HOUSING MOVES ORDERED FOR GOVERNMENT 
                   CONVENIENCE.

       (a) Authorization of Partial Dislocation Allowance.--
     Section 407 of title 37, United States Code is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Partial Dislocation Allowance.--(1) Under regulations 
     prescribed by the Secretary concerned, a member ordered to 
     occupy or vacate family housing provided by the United States 
     to permit the privatization or renovation of housing or for 
     any other reason (other than pursuant to a permanent change 
     of station) may be paid a partial dislocation allowance of 
     $500.
       ``(2) Effective on the same date that the monthly rates of 
     basic pay for all members are increased under section 1009 of 
     this title or another provision of law, the Secretary of 
     Defense shall adjust the rate of the partial dislocation 
     allowance authorized by this subsection by the percentage 
     equal to the average percentage increase in the rates of 
     basic pay.
       ``(3) Subsections (c) and (d) do not apply to the partial 
     dislocation allowance authorized by this subsection.''.
       (b) Effective Date; Application.--The amendments made by 
     this section shall take effect on January 1, 2002, and apply 
     with respect to an order to move for a member of a uniformed 
     service issued on or after that date.

     SEC. 638. ALLOWANCES FOR TRAVEL PERFORMED IN CONNECTION WITH 
                   MEMBERS TAKING AUTHORIZED LEAVE BETWEEN 
                   CONSECUTIVE OVERSEAS TOURS.

       Section 411b(a)(1) of title 37, United States Code, is 
     amended by striking ``, or his designee, or to a place no 
     farther distant than his home of record''.

     SEC. 639. FUNDED STUDENT TRAVEL AS PART OF SCHOOL-SPONSORED 
                   EXCHANGE PROGRAMS.

       (a) Recognition of Temporary Exchange Programs.--Section 
     430 of title 37, United States Code, is amended--
       (1) in subsection (a)(3), by inserting before the comma at 
     the end the following: ``or is attending a school outside the 
     continental United States, if the dependent is attending the 
     school outside the continental United States for less than 
     one year under a program approved by the school in the 
     continental United States at which the dependent is 
     enrolled''; and
       (2) in subsection (b)(1), by striking ``in the continental 
     United States for the purpose of obtaining a formal 
     education'' in the first sentence and inserting ``described 
     in subsection (a)(3)''.
       (b) Limitation on Amount of Allowance.--Subsection (b) of 
     such section is amended by adding at the end the following 
     new paragraph:
       ``(3) The transportation allowance under paragraph (1) for 
     a dependent child who is attending a school outside the 
     continental United States for less than one year under a 
     program approved by the school in the continental United 
     States at which the dependent is enrolled shall not exceed 
     the allowance the member would be paid for a trip between the 
     school in the continental United States and the member's duty 
     station outside the continental United States and return.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2002.

          Subtitle D--Retirement and Survivor Benefit Matters

     SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF 
                   MILITARY RETIRED PAY AND VETERANS' DISABILITY 
                   COMPENSATION.

       (a) Restoration of Retired Pay Benefits.--Chapter 71 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

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

       ``(a) Payment of Both Retired Pay and Compensation.--
     Subject to subsection (b), a member or former member of the 
     uniformed services who is entitled to retired pay (other than 
     as specified in subsection (c)) and who is also entitled to 
     veterans' disability compensation is entitled to be paid both 
     without regard to sections 5304 and 5305 of title 38, subject 
     to the enactment of qualifying offsetting legislation as 
     specified in subsection (f).
       ``(b) Special Rule for Chapter 61 Career Retirees.--The 
     retired pay of a member retired under chapter 61 of this 
     title with 20 years or more of service otherwise creditable 
     under section 1405 of this title at the time of the member's 
     retirement is subject to reduction under sections 5304 and 
     5305 of title 38, but only to the extent that the amount of 
     the member's retired pay under chapter 61 of this title 
     exceeds the amount of retired pay to which the member would 
     have been entitled under any other provision of law based 
     upon the member's service in the uniformed services if the 
     member had not been retired under chapter 61 of this title.
       ``(c) Exception.--Subsection (a) does not apply to a member 
     retired under chapter 61 of this title with less than 20 
     years of service otherwise creditable under section 1405 of 
     this title at the time of the member's retirement.
       ``(d) Definitions.--In this section:
       ``(1) The term `retired pay' includes retainer pay, 
     emergency officers' retirement pay, and naval pension.
       ``(2) The term `veterans' disability compensation' has the 
     meaning given the term `compensation' in section 101(12) of 
     title 38.
       ``(e) Effective Date.--If qualifying offsetting legislation 
     (as defined in subsection (f)) is enacted, the provisions of 
     subsection (a) shall take effect on--
       ``(1) the first day of the first month beginning after the 
     date of the enactment of such qualifying offsetting 
     legislation; or
       ``(2) the first day of the fiscal year that begins in the 
     calendar year in which such legislation is enacted, if that 
     date is later than the date specified in paragraph (1).
       ``(f) Effectiveness Contingent on Enactment of Offsetting 
     Legislation.--(1) The provisions of subsection (a) shall be 
     effective only if--
       ``(A) the President, in the budget for any fiscal year, 
     proposes the enactment of legislation that, if enacted, would 
     be qualifying offsetting legislation; and
       ``(B) after that budget is submitted to Congress, there is 
     enacted qualifying offsetting legislation.
       ``(2) For purposes of this subsection:
       ``(A) The term `qualifying offsetting legislation' means 
     legislation (other than an appropriations Act) that includes 
     provisions that--
       ``(i) offset fully the increased outlays to be made by 
     reason of the provisions of subsection (a) for each of the 
     first 10 fiscal years beginning after the date of the 
     enactment of such legislation;
       ``(ii) expressly state that they are enacted for the 
     purpose of the offset described in clause (i); and
       ``(iii) are included in full on the PayGo scorecard.
       ``(B) The term `PayGo scorecard' means the estimates that 
     are made by the Director of the Congressional Budget Office 
     and the Director of the Office of Management and Budget under 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)) with respect to the ten 
     fiscal years following the date of the enactment of the 
     legislation that is qualifying offsetting legislation for 
     purposes of this section.''.
       (b) Conforming Termination of Special Compensation 
     Program.--Section 1413(a) of such title is amended by adding 
     at the end the following new sentence: ``If the provisions of 
     subsection (a) of section 1414 of this title become effective 
     in accordance with subsection (f) of that section, payments 
     under this section shall be terminated effective as of the 
     month beginning on the effective date specified in subsection 
     (e) of that section.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

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

       (d) Prohibition of Retroactive Benefits.--If the provisions 
     of subsection (a) of section 1414 of title 10, United States 
     Code, becomes effective in accordance with subsection (f) of 
     that section, no benefit may be paid to any person by reason 
     of those provisions for any period before the effective date 
     specified in subsection (e) of that section.

                       Subtitle E--Other Matters

     SEC. 651. FUNERAL HONORS DUTY ALLOWANCE FOR RETIRED MEMBERS.

       (a) Allowance Authorized.--Subsection (a) of section 435 of 
     title 37, United States Code, is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Secretary concerned may also authorize payment of 
     an allowance under this section to a retired member of the 
     armed forces who performs at least two hours of duty 
     preparing for or performing honors at the funeral of a 
     veteran.''.
       (b) Relation to Other Compensation.--Such section is 
     further amended by adding at the end the following new 
     subsection:
       ``(c) Concurrent Payment.--Notwithstanding any other 
     provision of law, the allowance paid to a retired member of 
     the armed forces under this section shall be in addition to 
     any other compensation to which the retired member may be 
     entitled under this title or titles 10 or 38.''.

                   TITLE VII--HEALTH CARE PROVISIONS

                      Subtitle A--TRICARE Program

     SEC. 701. IMPLEMENTING COST-EFFECTIVE PAYMENT RATES UNDER THE 
                   TRICARE PROGRAM.

       Not later than January 1, 2002, the Secretary of Defense 
     shall, with respect to categories of health care providers or 
     services for which the Secretary has not already done so and 
     to the extent that the Secretary determines is practicable--
       (1) implement the payment rates used under medicare, or 
     similar rates based on medicare payment methods, to pay for 
     health care services provided by institutional and 
     noninstitutional providers under the TRICARE program; and
       (2) as a condition of participation in the TRICARE program, 
     prohibit balance billing of

[[Page 17409]]

     covered beneficiaries by institutional providers and limit 
     balance billing by noninstitutional providers (subject to any 
     exceptions the Secretary determines appropriate) consistent 
     with the limiting charge percentage under medicare.

     SEC. 702. WAIVER OF NONAVAILABILITY STATEMENT OR 
                   PREAUTHORIZATION REQUIREMENT.

       (a) In General.--Section 721 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted in Public Law 106-398; 114 Stat. 1654A-184) is 
     amended--
       (1) in the matter preceding paragraph (1) in subsection 
     (a), by striking ``new'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Exceptions.--(1) Subject to paragraph (2), the 
     Secretary may provide that subsection (a) shall not apply for 
     a period of up to one year if--
       ``(A) the Secretary--
       ``(i) demonstrates significant costs would be avoided by 
     performing specific procedures at the affected military 
     medical treatment facility or facilities;
       ``(ii) determines that a specific procedure must be 
     provided at the affected military medical treatment facility 
     or facilities to ensure the proficiency levels of the 
     practitioners at the facility or facilities; or
       ``(iii) determines that the lack of nonavailability 
     statement data would significantly interfere with TRICARE 
     contract administration;
       ``(B) the Secretary provides notification of the 
     Secretary's intent to make an exception under this subsection 
     to covered beneficiaries who receive care at the military 
     medical treatment facility or facilities that will be 
     affected by the decision to make an exception under this 
     subsection;
       ``(C) the Secretary provides notification to the Committees 
     on Armed Services of the House of Representatives and the 
     Senate of the Secretary's intent to make an exception under 
     this subsection, the reason for making an exception, and the 
     date that a nonavailability statement will be required; and
       ``(D) 60 days have elapsed since the date of the 
     notification described in subparagraph (C).
       ``(2)(A) Except as provided in subparagraph (B), the 
     Secretary may make an exception under this subsection with 
     respect to--
       ``(i) one or more services performed at a military medical 
     treatment facility or facilities; or
       ``(ii) one or more services performed in a TRICARE region.
       ``(B) With respect to maternity care, the Secretary may 
     make an exception under this subsection with respect to a 
     military medical treatment facility.
       ``(3) In the case of health care provided in conjunction 
     with a graduate medical education program, the period of 
     nonapplicability described in paragraph (1) shall be, instead 
     of one year, the period for which a residency review 
     committee has approved the program.''; and
       (3) in subsection (d), by striking ``October 1, 2001'' and 
     inserting ``two years after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2002''.
       (b) Report.--Not later than March 1, 2002, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the House of Representatives and the Senate a report on the 
     Secretary's plans for implementing such section.

     SEC. 703. IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE 
                   PROGRAM.

       (a) Expansion of TRICARE Program.--Section 1072(7) of title 
     10, United States Code, is amended by striking ``the 
     competitive selection of contractors to financially 
     underwrite''.
       (b) Reduction of Contract Start-Up Time.--Section 1095c(b) 
     of such title is amended--
       (1) in paragraph (1)--
       (A) by striking ``The'' and inserting ``Except as provided 
     in paragraph (3), the''; and
       (B) by striking ``contract.'' and all that follows through 
     ``as soon as practicable after the award of the''; and
       (2) by adding at the end the following new paragraph:
       ``(3) The Secretary may reduce the nine-month start-up 
     period required under paragraph (1) if--
       ``(A) the Secretary--
       ``(i) determines that a shorter period is sufficient to 
     ensure effective implementation of all contract requirements; 
     and
       ``(ii) submits notification to the Committees on Armed 
     Services of the House of Representatives and the Senate of 
     the Secretary's intent to reduce the nine-month start-up 
     period; and
       ``(B) 60 days have elapsed since the date of such 
     notification.''.

     SEC. 704. SUB-ACUTE AND LONG-TERM CARE PROGRAM REFORM.

       (a) In General.--(1) Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1074i the 
     following new section:

     ``Sec. 1074j. Sub-acute care program

       ``(a) Establishment.--The Secretary of Defense shall 
     establish an effective, efficient, and integrated sub-acute 
     care benefits program under this chapter (hereinafter 
     referred to in this section as the `program'). Except as 
     otherwise provided in this section, the types of health care 
     authorized under the program shall be the same as those 
     provided under section 1079 of this title. The Secretary, 
     after consultation with the other administering Secretaries, 
     shall promulgate regulations to carry out this section.
       ``(b) Benefits.--(1) The program shall include a uniform 
     skilled nursing facility benefit that shall be provided in 
     the manner and under the conditions described in section 
     1861(h) and (i) of the Social Security Act (42 U.S.C. 
     1395x(h) and (i)), except that the limitation on the number 
     of days of coverage under section 1812(a) and (b) of such Act 
     (42 U.S.C. 1395d(a) and (b)) shall not be applicable under 
     the program. Skilled nursing facility care for each spell of 
     illness shall continue to be provided for as long as 
     medically necessary and appropriate.
       ``(2) In this subsection:
       ``(A) The term `skilled nursing facility' has the meaning 
     given such term in section 1819(a) of the Social Security Act 
     (42 U.S.C. 1395i-3(a)).
       ``(B) The term `spell of illness' has the meaning given 
     such term in section 1861(a) of such Act (42 U.S.C. 
     1395x(a)).
       ``(3) The program shall include a comprehensive, 
     intermittent home health care benefit that shall be provided 
     in the manner and under the conditions described in section 
     1861(m) of the Social Security Act (42 U.S.C. 1395x(m)).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1074i the following new item:

``1074j. Sub-acute care program.''.

       (b) Extended Benefits for Certain Dependents.--Section 1079 
     of such title is amended by striking subsections (d), (e), 
     and (f) and inserting the following new subsections:
       ``(d)(1) The Secretary of Defense shall establish a program 
     to provide extended benefits for eligible dependents, which 
     may include the provision of comprehensive health care 
     services, including case management services, to assist in 
     the reduction of the disabling effects of a qualifying 
     condition of an eligible dependent. Registration shall be 
     required to receive the extended benefits.
       ``(2) The Secretary of Defense, after consultation with the 
     other administering Secretaries, shall promulgate regulations 
     to carry out this subsection.
       ``(3) In this subsection:
       ``(A) The term `eligible dependent' means a dependent of a 
     member of the uniformed services on active duty for a period 
     of more than 30 days, as described in subparagraph (A), (D), 
     or (I) of section 1072(2) of this title, who has a qualifying 
     condition.
       ``(B) The term `qualifying condition' means the condition 
     of a dependent who is moderately or severely mentally 
     retarded, has a serious physical disability, or has an 
     extraordinary physical or psychological condition.
       ``(e) Extended benefits for eligible dependents under 
     subsection (d) may include comprehensive health care services 
     with respect to the qualifying condition of such a dependent, 
     and include, to the extent such benefits are not provided 
     under provisions of this chapter other than under this 
     section, the following:
       ``(1) Diagnosis.
       ``(2) Inpatient, outpatient, and comprehensive home health 
     care supplies and services.
       ``(3) Training, rehabilitation, and special education.
       ``(4) Institutional care in private nonprofit, public, and 
     State institutions and facilities and, if appropriate, 
     transportation to and from such institutions and facilities.
       ``(5) Custodial care, notwithstanding the prohibition in 
     section 1077(b)(1) of this title.
       ``(6) Respite care for the primary caregiver of the 
     eligible dependent.
       ``(7) Such other services and supplies as determined 
     appropriate by the Secretary, notwithstanding the limitations 
     in subsection (a)(13).
       ``(f) Members shall be required to share in the cost of any 
     benefits provided to their dependents under subsection (d) as 
     follows:
       ``(1) Members in the lowest enlisted pay grade shall be 
     required to pay the first $25 incurred each month, and 
     members in the highest commissioned pay grade shall be 
     required to pay the first $250 incurred each month. The 
     amounts to be paid by members in all other pay grades shall 
     be determined under regulations to be prescribed by the 
     Secretary of Defense in consultation with the administering 
     Secretaries.
       ``(2) A member who has more than one dependent incurring 
     expenses in a given month under a plan covered by subsection 
     (d) shall not be required to pay an amount greater than would 
     be required if the member had only one such dependent.''.
       (c) Definitions of Custodial Care and Domiciliary Care.--
     Section 1072 of title 10, United States Code, is amended by 
     adding at the end the following new paragraphs:
       ``(8) The term `custodial care' means treatment or 
     services, regardless of who recommends such treatment or 
     services or where such treatment or services are provided, 
     that--
       ``(A) can be rendered safely and reasonably by a person who 
     is not medically skilled; or
       ``(B) is or are designed mainly to help the patient with 
     the activities of daily living.
       ``(9) The term `domiciliary care' means care provided to a 
     patient in an institution or homelike environment because--
       ``(A) providing support for the activities of daily living 
     in the home is not available or is unsuitable; or
       ``(B) members of the patient's family are unwilling to 
     provide the care.''.
       (d) Conforming Amendment.--Section 1079 of title 10, United 
     States Code, is amended in subsection (a) by striking 
     paragraph (17).
       (e) Continuation of Individual Case Management Services for 
     Certain Eligible Beneficiaries.--(1) Notwithstanding the 
     termination of the Individual Case Management Program by 
     subsection (d), the Secretary of Defense shall, in any case 
     in which the Secretary makes the determination described in 
     paragraph (2), continue to provide payment as if such program

[[Page 17410]]

     were in effect for home health care or custodial care 
     services provided to an eligible beneficiary that would 
     otherwise be excluded from coverage under regulations 
     implementing chapter 55 of title 10, United States Code.


       (2) The determination referred to in paragraph (1) is a 
     determination that discontinuation of payment for services 
     not otherwise provided under such chapter would result in the 
     provision of services inadequate to meet the needs of the 
     eligible beneficiary and would be unjust to such beneficiary.
       (3) For purposes of this subsection, ``eligible 
     beneficiary'' means a covered beneficiary (as that term is 
     defined in section 1072 of title 10, United States Code) who, 
     before the effective date of this section, was provided 
     custodial care services under the Individual Case Management 
     Program for which the Secretary provided payment.
       (f) Report on Initiatives Regarding Long-Term Care.--The 
     Secretary of Defense shall, not later than April 1, 2002, 
     submit to Congress a report on the feasibility and 
     desirability of establishing new initiatives, taking into 
     account chapter 90 of title 5, United States Code, to improve 
     the availability of long-term care for members and retired 
     members of the uniformed services and their families.
       (g) Reference in Title 10 to Long-Term Care Program in 
     Title 5.--(1) Chapter 55 of title 10, United States Code, is 
     amended by inserting after section 1074j (as added by 
     subsection (a)) the following new section:

     ``Sec. 1074k. Long-term care insurance

       ``Provisions regarding long-term care insurance for members 
     and certain former members of the uniformed services and 
     their families are set forth in chapter 90 of title 5.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1074j (as added by subsection (a)) the following new item:

``1074k. Long-term care insurance.''.

       (h) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on October 1, 2001.

     SEC. 705. REIMBURSEMENT OF TRAVEL EXPENSES OF A PARENT, 
                   GUARDIAN, OR RESPONSIBLE FAMILY MEMBER OF A 
                   MINOR COVERED BENEFICIARY.

       Section 1074i of title 10, United States Code, is amended 
     by adding at the end the following new sentence: ``In any 
     case in which reimbursement of travel expenses of a covered 
     beneficiary who is a minor and dependent is required under 
     this section, the Secretary also shall provide reimbursement 
     for reasonable travel expenses of the parent or guardian of, 
     or the family member responsible for, such covered 
     beneficiary.''.

                       Subtitle B--Other Matters

     SEC. 711. PROHIBITION AGAINST REQUIRING MILITARY RETIREES TO 
                   RECEIVE HEALTH CARE SOLELY THROUGH THE 
                   DEPARTMENT OF DEFENSE.

       No provision of law (whether enacted before or after this 
     Act) may be construed as authorizing the Secretary of Defense 
     to take any action that would require, or have the effect of 
     requiring, a member or former member of the Armed Forces who 
     is entitled to retired or retainer pay to enroll to receive 
     health care from the Federal Government only through the 
     Department of Defense. This section may not be superseded by 
     a subsequent Act unless that Act--
       (1) specifically refers to this section; and
       (2) specifically states that such provision of law 
     supersedes the provisions of this section.

     SEC. 712. TRAUMA AND MEDICAL CARE PILOT PROGRAM.

       (a) Requirement To Conduct Pilot Program.--The Secretary of 
     Defense shall conduct a pilot program under which the Brooke 
     Army Medical Center and the Wilford Hall Air Force Medical 
     Center in San Antonio, Texas, may charge civilians who are 
     not covered beneficiaries under chapter 55 of title 10, 
     United States Code, fees representing the actual costs of 
     trauma and other medical care provided to such civilians 
     using private sector itemized rates.
       (b) Use of Fees Collected.--(1) The Brooke Army Medical 
     Center and the Wilford Hall Air Force Medical Center may use 
     the amounts collected under the pilot program for--
       (A) trauma consortium activities;
       (B) administrative, operating, and equipment costs; and
       (C) readiness training.
       (2) The operating budgets of those medical centers shall 
     not be reduced as a result of fees collected under the pilot 
     program.
       (c) Efficient Practices.--Under the pilot program, the 
     commander of the Brooke Army Medical Center or Wilford Hall 
     Air Force Medical Center may authorize the use of funds 
     appropriated to the Department of Defense for medical care 
     for trauma and other medical care provided at such center to 
     civilians described in subsection (a).
       (d) Length of Pilot Program.--The pilot program under this 
     section shall commence on October 1, 2001, and be conducted 
     for a period of three years.
       (e) Reports.--The Secretary of Defense shall submit to 
     Congress not later than October 1st of each of 2002 through 
     2004 a report describing the progress and effectiveness of 
     the pilot program carried out under this section.

     SEC. 713. ENHANCEMENT OF MEDICAL PRODUCT DEVELOPMENT.

       Section 980 of title 10, United States Code, is amended--
       (1) by inserting ``(a)'' before ``Funds''; and
       (2) by adding at the end the following new subsection:
       ``(b) The Secretary of Defense may waive the prohibition in 
     this section with respect to a specific research project to 
     advance the development of a medical product necessary to the 
     armed forces if the research project is carried out in 
     accordance with all other applicable laws.''.

     SEC. 714. REPEAL OF OBSOLETE REPORT REQUIREMENT.

       Section 701 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 1074g note) is 
     amended by striking subsection (d).

     SEC. 715. CLARIFICATIONS AND IMPROVEMENTS REGARDING THE 
                   DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE 
                   HEALTH CARE FUND.

       (a) Clarification Regarding Coverage.--Subsection (b) of 
     section 1111 of title 10, United States Code, is amended to 
     read as follows:
       ``(b) In this chapter:
       ``(1) The term `Department of Defense retiree health care 
     programs' means the provisions of this title or any other 
     provision of law creating an entitlement to or eligibility 
     for health care under a Department of Defense or uniformed 
     services program for a member or former member of a 
     participating uniformed service who is entitled to retired or 
     retainer pay, and an eligible dependent under such program.
       ``(2) The term `designated Department of Defense health 
     care program' means a program described in paragraph (1) of 
     this subsection that is designated under section 1113(c).
       ``(3) The term `eligible dependent' means a dependent (as 
     such term is defined in section 1072(2)) described in section 
     1076(a)(2) (other than a dependent of a member on active 
     duty), 1076(b), 1086(c)(2), or 1086(c)(3)).
       ``(4) The term `medicare-eligible', with respect to any 
     person, means entitled to benefits under part A of title 
     XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
       ``(5) The term `participating uniformed service' means the 
     Army, Navy, Air Force, and Marine Corps, and any other 
     uniformed service that is covered by an agreement entered 
     into under subsection (c).''
       (b) Participation of Other Uniformed Services.--(1) Section 
     1111 of such title is further amended by adding after 
     subsection (b), the following new subsection:
       ``(c) The Secretary of Defense may enter into an agreement 
     with any other administering Secretary for participation in 
     the Fund by a uniformed service under the jurisdiction of 
     that Secretary. Any such agreement shall require that 
     Secretary to make contributions to the Fund on behalf of the 
     members of the uniformed service under the jurisdiction of 
     that Secretary comparable to the contributions to the Fund 
     made by the Secretary of Defense under section 1116.''
       (2) Section 1112 of such title is amended by adding at the 
     end the following new paragraph:
       ``(4) Amounts paid into the Fund pursuant to section 
     1111(c).''.
       (3) Section 1115 of such title is amended--
       (A) in subsection (a), by inserting ``participating'' 
     before ``uniformed services''; and
       (B) in subparagraphs (A)(ii) and (B)(ii) of subsection 
     (b)(1), by inserting ``under the jurisdiction of the 
     Secretary of Defense'' after ``uniformed services''.
       (4) Section 1116(a) of such title is amended in paragraphs 
     (1)(B) and (2)(B) by inserting ``under the jurisdiction of 
     the Secretary of Defense'' after ``uniformed services''.
       (c) Clarification of Payments From the Fund.--(1) The 
     second sentence of subsection (a) of section 1111 of such 
     title is amended by inserting ``designated'' before 
     ``Department of Defense retiree health care programs for 
     medicare-eligible beneficiaries''.
       (2) Subsection (a) of section 1113 of such title is amended 
     to read as follows:
       ``(a) There shall be paid from the Fund amounts payable for 
     the costs of designated Department of Defense retiree health 
     care programs for the benefit of members or former members of 
     a participating uniformed service who are entitled to retired 
     or retainer pay and are medicare-eligible, and eligible 
     dependents described in section 1111(b)(3) who are medicare-
     eligible.''
       (3) Such section is further amended by adding at the end 
     the following new subsection:
       ``(c) For purposes of payments from the Fund under 
     subsection (a), the Secretary of Defense shall designate the 
     program authorized by section 1086 of this title.''.
       (d) Technical Amendments.--(1) The heading for section 1111 
     of such title is amended to read as follows:

     ``Sec. 1111. Establishment and purpose of Fund; definitions; 
       authority to enter into agreements''.

       (2) The item relating to section 1111 in the table of 
     sections at the beginning of chapter 56 of such title is 
     amended to read as follows:

``1111. Establishment and purpose of Fund; definitions; authority to 
              enter into agreements.''.

       (f) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2002.

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

             Subtitle A--Acquisition Policy and Management

     SEC. 801. ACQUISITION MILESTONES.

       (a) Title 10, U.S.C.--Title 10, United States Code, is 
     amended--

[[Page 17411]]

       (1) in section 2366(c), subsections (b)(3)(A), (c)(3)(A), 
     and (h)(1) of section 2432, and section 2434(a), by striking 
     ``engineering and manufacturing development'' each place such 
     words appear and inserting ``system development and 
     demonstration'';
       (2) in section 2400--
       (A) in subsection (a)(2), by striking ``engineering and 
     manufacturing development'' and inserting ``system 
     development and demonstration''; and
       (B) in subsections (a)(1)(A), (a)(2), (a)(4) and (a)(5), by 
     striking ``milestone II'' each place such term appears and 
     inserting ``milestone B''; and
       (3) in section 2435--
       (A) in subsection (b), by striking ``engineering and 
     manufacturing development'' and inserting ``system 
     development and demonstration'';
       (B) in subsection (c)(1), by striking ``demonstration and 
     validation'' and inserting ``system development and 
     demonstration'';
       (C) in subsection (c)(2), by striking ``engineering and 
     manufacturing development'' and inserting ``production and 
     deployment''; and
       (D) in subsection (c)(3), by striking ``production and 
     deployment'' and inserting ``full rate production''.
       (b) Other Laws.--(1) Section 811(c) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted in Public Law 106-398; 114 Stat. 1654A-211) is 
     amended--
       (A) by striking ``Milestone I'' and inserting ``Milestone 
     B'';
       (B) by striking ``Milestone II'' and inserting ``Milestone 
     C''; and
       (C) by striking ``Milestone III'' and inserting ``full rate 
     production''.
       (2) Section 8102(b) of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 696) 
     is amended--
       (A) by striking ``Milestone I'' and inserting ``Milestone 
     B'';
       (B) by striking ``Milestone II'' and inserting ``Milestone 
     C''; and
       (C) by striking ``Milestone III'' and inserting ``full rate 
     production''.

     SEC. 802. ACQUISITION WORKFORCE QUALIFICATIONS.

       (a) Qualifications.--Section 1724 of title 10, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by striking the matter preceding paragraph (1) and 
     inserting the following:
       ``(a) Contracting Officers.--The Secretary of Defense shall 
     require that, in order to qualify to serve in an acquisition 
     position as a contracting officer with authority to award or 
     administer contracts for amounts above the simplified 
     acquisition threshold referred to in section 2304(g) of this 
     title, an employee of the Department of Defense or member of 
     the armed forces (other than the Coast Guard) must, except as 
     provided in subsections (c) and (d)--'';
       (B) in paragraph (1)--
       (i) by striking ``mandatory''; and
       (ii) by striking ``at the grade level'' and all that 
     follows and inserting ``(A) in the case of an employee, 
     serving in the position within the grade of the General 
     Schedule in which the employee is serving, and (B) in the 
     case of a member of the armed forces, in the member's 
     grade;''; and
       (C) in paragraph (3)(A), by inserting a comma after 
     ``business'';
       (2) by striking subsection (b) and inserting the following 
     new subsection:
       ``(b) GS-1102 Series Positions and Similar Military 
     Positions.--(1) The Secretary of Defense shall require that 
     in order to qualify to serve in a position in the Department 
     of Defense that is in the GS-1102 occupational series an 
     employee or potential employee of the Department of Defense 
     meet the requirements set forth in paragraph (3) of 
     subsection (a). The Secretary may not require that in order 
     to serve in such a position an employee or potential employee 
     meet any of the requirements of paragraphs (1) and (2) of 
     that subsection.
       ``(2) The Secretary of Defense shall require that in order 
     for a member of the armed forces to be selected for an 
     occupational specialty within the armed forces that (as 
     determined by the Secretary) is similar to the GS-1102 
     occupational series a member of the armed forces meet the 
     requirements set forth in paragraph (3) of subsection (a). 
     The Secretary may not require that in order to be selected 
     for such an occupational specialty a member meet any of the 
     requirements of paragraphs (1) and (2) of that subsection.''; 
     and
       (3) by striking subsections (c) and (d) inserting the 
     following new subsections:
       ``(c) Exceptions.--The qualification requirements imposed 
     by the Secretary of Defense pursuant to subsections (a) and 
     (b) shall not apply to an employee of the Department of 
     Defense or member of the armed forces who--
       ``(1) served as a contracting officer with authority to 
     award or administer contracts in excess of the simplified 
     acquisition threshold on or before September 30, 2000;
       ``(2) served, on or before September 30, 2000, in a 
     position either as an employee in the GS-1102 series or as a 
     member of the armed forces in similar occupational specialty;
       ``(3) is in the contingency contracting force; or
       ``(4) is described in subsection (e)(1)(B).
       ``(d) Waiver.--The acquisition career program board 
     concerned may waive any or all of the requirements of 
     subsections (a) and (b) with respect to an employee of the 
     Department of Defense or member of the armed forces if the 
     board certifies that the individual possesses significant 
     potential for advancement to levels of greater responsibility 
     and authority, based on demonstrated job performance and 
     qualifying experience. With respect to each waiver granted 
     under this subsection, the board shall set forth in a written 
     document the rationale for its decision to waive such 
     requirements. Such document shall be submitted to and 
     retained by the Director of Acquisition Education, Training, 
     and Career Development.
       ``(e) Developmental Opportunities.--(1) The Secretary of 
     Defense may--
       ``(A) establish or continue one or more programs for the 
     purpose of recruiting, selecting, appointing, educating, 
     qualifying, and developing the careers of individuals to meet 
     the requirements in subparagraphs (A) and (B) of subsection 
     (a)(3);
       ``(B) appoint individuals to developmental positions in 
     those programs; and
       ``(C) separate from the civil service after a three-year 
     probationary period any individual appointed under this 
     subsection who, as determined by the Secretary, fails to 
     complete satisfactorily any program described in subparagraph 
     (A).
       ``(2) To qualify for any developmental program described in 
     paragraph (1)(A), an individual shall have--
       ``(A) been awarded a baccalaureate degree from an 
     accredited institution of higher education authorized to 
     grant baccalaureate degrees; or
       ``(B) completed at least 24 semester credit hours or the 
     equivalent of study from an accredited institution of higher 
     education in any of the disciplines of accounting, business, 
     finance, law, contracts, purchasing, economics, industrial 
     management, marketing, quantitative methods, or organization 
     and management.
       ``(f) Contingency Contracting Force.--The Secretary shall 
     establish qualification requirements for the contingency 
     contracting force consisting of members of the armed forces 
     whose mission is to deploy in support of contingency 
     operations and other operations of the Department of Defense, 
     including--
       ``(1) completion of at least 24 semester credit hours or 
     the equivalent of study from an accredited institution of 
     higher education or similar educational institution in any of 
     the disciplines of accounting, business, finance, law, 
     contracts, purchasing, economics, industrial management, 
     marketing, quantitative methods, or organization and 
     management; or
       ``(2) passage of an examination that demonstrates skills, 
     knowledge, or abilities comparable to that of an individual 
     who has completed at least 24 semester credit hours or the 
     equivalent of study in any of the disciplines described in 
     paragraph (1).''.
       (b) Clerical Amendment.--Section 1732(c)(2) of such title 
     is amended by inserting a comma after ``business''.

     SEC. 803. TWO-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED 
                   PROCEDURES TO CERTAIN COMMERCIAL ITEMS.

       Section 4202(e) of the Clinger-Cohen Act of 1996 (divisions 
     D and E of Public Law 104-106; 110 Stat. 654; 10 U.S.C. 2304 
     note) is amended by striking ``January 1, 2002'' and 
     inserting ``January 1, 2004''.

     SEC. 804. CONTRACTS FOR SERVICES TO BE PERFORMED OUTSIDE THE 
                   UNITED STATES.

       (a) In General.--Chapter 141 of title 10, United States 
     Code, is amended by inserting after section 2381 the 
     following new section:

     ``Sec. 2382. Contracts for services to be performed outside 
       the United States

       ``The Secretary of Defense may enter into contracts to 
     employ individuals or organizations to perform services in 
     countries other than the United States without regard to laws 
     regarding the negotiation, making, and performance of 
     contracts and performance of work in the United States. 
     Individuals employed by contract to perform such services 
     shall not by virtue of such employment be considered to be 
     employees of the United States Government for purposes of any 
     law administered by the Office of Personnel Management, but 
     the Secretary may determine the applicability to such 
     individuals of any other law administered by the Secretary 
     concerning the employment of such individuals in countries 
     other than the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2381 the following new item:

``2382. Contracts for services to be performed outside the United 
              States.''.

     SEC. 805. CODIFICATION AND MODIFICATION OF ``BERRY 
                   AMENDMENT'' REQUIREMENTS.

       (a) Berry Amendment Requirements.--(1) Chapter 148 of title 
     10, United States Code, is amended by inserting after section 
     2533 the following new section:

     ``Sec. 2533a. Requirement to buy certain articles from 
       American sources; exceptions

       ``(a) Requirement.--Except as provided in subsections (c) 
     through (g), funds appropriated or otherwise available to the 
     Department of Defense may not be used for the procurement of 
     an item described in subsection (b) if the item is not grown, 
     reprocessed, reused, or produced in the United States.
       ``(b) Covered Items.--An item referred to in subsection (a) 
     is any of the following:
       ``(1) An article or item of--
       ``(A) food;
       ``(B) clothing;
       ``(C) tents, tarpaulins, parachutes, or covers;
       ``(D) cotton and other natural fiber products, woven silk 
     or woven silk blends, spun silk yarn

[[Page 17412]]

     for cartridge cloth, synthetic fabric or coated synthetic 
     fabric (including all textile fibers and yarns that are for 
     use in such fabrics), canvas products, or wool (whether in 
     the form of fiber or yarn or contained in fabrics, materials, 
     or manufactured articles); or
       ``(E) any item of individual equipment manufactured from or 
     containing such fibers, yarns, fabrics, or materials.
       ``(2) Specialty metals, including stainless steel flatware.
       ``(3) Hand or measuring tools.
       ``(c) Exception.--The Secretary of Defense or the Secretary 
     of the military department concerned may waive the 
     requirement in subsection (a) if--
       ``(1) such Secretary determines that satisfactory quality 
     and sufficient quantity of any such article or item described 
     in subsection (b)(1) or specialty metals (including stainless 
     steel flatware) grown, reprocessed, reused, or produced in 
     the United States cannot be procured as and when needed at 
     United States market prices;
       ``(2) such Secretary has provided notice to the public 
     regarding the waiver;
       ``(3) such Secretary has notified the Committees on 
     Appropriations, Armed Services, and Small Business of the 
     House of Representatives and the Senate regarding the waiver 
     and provided a justification to such committees for the 
     waiver; and
       ``(4) 30 days have elapsed since the date of the 
     notification of such committees.
       ``(d) Exception for Certain Procurements Outside the United 
     States.--Subsection (a) does not apply to the following:
       ``(1) Procurements outside the United States in support of 
     combat operations.
       ``(2) Procurements by vessels in foreign waters.
       ``(3) Emergency procurements or procurements of perishable 
     foods by an establishment located outside the United States 
     for the personnel attached to such establishment.
       ``(e) Exception for Specialty Metals and Chemical Warfare 
     Protective Clothing.--Subsection (a) does not preclude the 
     procurement of specialty metals or chemical warfare 
     protective clothing produced outside the United States if--
       ``(1) such procurement is necessary--
       ``(A) to comply with agreements with foreign governments 
     requiring the United States to purchase supplies from foreign 
     sources for the purposes of offsetting sales made by the 
     United States Government or United States firms under 
     approved programs serving defense requirements; or
       ``(B) in furtherance of agreements with foreign governments 
     in which both such governments agree to remove barriers to 
     purchases of supplies produced in the other country or 
     services performed by sources of the other country; and
       ``(2) any such agreement with a foreign government 
     complies, where applicable, with the requirements of section 
     36 of the Arms Export Control Act (22 U.S.C. 2776) and with 
     section 2457 of this title.
       ``(f) Exception for Certain Foods.--Subsection (a) does not 
     preclude the procurement of foods manufactured or processed 
     in the United States.
       ``(g) Exception for Small Purchases.--Subsection (a) does 
     not apply to purchases for amounts not greater than the 
     simplified acquisition threshold referred to in section 
     2304(g) of this title.
       ``(h) Applicability to Contracts and Subcontracts for 
     Procurement of Commercial Items.--This section is applicable 
     to contracts and subcontracts for the procurement of 
     commercial items notwithstanding section 34 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 430).
       ``(i) Geographic Coverage.--In this section, the term 
     `United States' includes the commonwealths, territories, and 
     possessions of the United States.
       ``(j) Exception for Commissaries, Exchanges, and Other 
     Nonappropriated Fund Instrumentalities.--Subsection (a) does 
     not apply to items purchased for resale purposes in 
     commissaries, military exchanges, or nonappropriated fund 
     instrumentalities operated by the military departments or the 
     Department of Defense.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2533 the following new item:

``2533a. Requirement to buy certain articles from American sources; 
              exceptions.''.

       (b) Repeal of Source Provisions.--The following provisions 
     of law are repealed:
       (1) Section 9005 of the Department of Defense 
     Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241 
     note).
       (2) Section 8109 of the Department of Defense 
     Appropriations Act, 1997 (as contained in section 101(b) of 
     Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).

                Subtitle B--Erroneous Payments Recovery

     SEC. 811. SHORT TITLE.

       This subtitle may be cited as the ``Erroneous Payments 
     Recovery Act of 2001''.

     SEC. 812. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES 
                   IN PAYMENTS TO CONTRACTORS AND RECOVERY OF 
                   AMOUNTS ERRONEOUSLY PAID.

       (a) Program Required.--The head of each executive agency 
     that enters into contracts with a total value in excess of 
     $500,000,000 in a fiscal year shall carry out a cost-
     effective program for identifying any errors made in paying 
     the contractors and for recovering any amounts erroneously 
     paid to the contractors.
       (b) Recovery Audits and Activities.--A program of an 
     executive agency under subsection (a) shall include recovery 
     audits and recovery activities. The head of the executive 
     agency shall determine, in accordance with guidance provided 
     under subsection (c), the classes of contracts to which 
     recovery audits and recovery activities are appropriately 
     applied.
       (c) OMB Guidance.--The Director of the Office of Management 
     and Budget shall issue guidance for the conduct of programs 
     under subsection (a). The guidance shall include the 
     following:
       (1) Definitions of the terms ``recovery audit'' and 
     ``recovery activity'' for the purposes of the programs.
       (2) The classes of contracts to which recovery audits and 
     recovery activities are appropriately applied under the 
     programs.
       (3) Protections for the confidentiality of--
       (A) sensitive financial information that has not been 
     released for use by the general public; and
       (B) information that could be used to identify a person.
       (4) Policies and procedures for ensuring that the 
     implementation of the programs does not result in duplicative 
     audits of contractor records.
       (5) Policies regarding the types of contracts executive 
     agencies may use for the procurement of recovery services, 
     including guidance for use, in appropriate circumstances, of 
     a contingency contract pursuant to which the head of an 
     executive agency may pay a contractor an amount equal to a 
     percentage of the total amount collected for the United 
     States pursuant to that contract.
       (6) Protections for a contractor's records and facilities 
     through restrictions on the authority of a contractor under a 
     contract for the procurement of recovery services for an 
     executive agency--
       (A) to require the production of any record or information 
     by any person other than an officer, employee, or agent of 
     the executive
     agency;
       (B) to establish, or otherwise have, a physical presence on 
     the property or premises of any private sector entity for the 
     purposes of performing the contract; or
       (C) to act as agents for the Government in the recovery of 
     funds erroneously paid to contractors.
       (7) Policies for the appropriate types of management 
     improvement programs authorized by section 815 that executive 
     agencies may carry out to address overpayment problems and 
     the recovery of overpayments.

     SEC. 813. DISPOSITION OF RECOVERED FUNDS.

       (a) Availability of Funds for Recovery Audits and 
     Activities Program.--Funds collected under a program carried 
     out by an executive agency under section 812 shall be 
     available to the executive agency, in such amounts as are 
     provided in advance in appropriations Acts, for the following 
     purposes:
       (1) To reimburse the actual expenses incurred by the 
     executive agency in the administration of the program.
       (2) To pay contractors for services under the program in 
     accordance with the guidance issued under section 812(c)(5).
       (b) Funds Not Used for Program.--Any amounts erroneously 
     paid by an executive agency that are recovered under such a 
     program of an executive agency and are not used to reimburse 
     expenses or pay contractors under subsection (a)--
       (1) shall be credited to the appropriations from which the 
     erroneous payments were made that remain available for 
     obligation as of the time such amounts were collected, shall 
     be merged with other amounts in those appropriations, and 
     shall be available for the purposes and period for which such 
     appropriations are available; or
       (2) if no such appropriation remains available for 
     obligation at that time, shall be disposed of as provided in 
     subsection (c).
       (c) Other Dispositions.--Of the total amount collected 
     under such a program of an executive agency that is to be 
     disposed of under this subsection--
       (1) up to 25 percent of such amount may be expended by the 
     head of the executive agency for carrying out any management 
     improvement program of the executive agency under section 
     815; and
       (2) the remainder of that total amount, including any 
     amount not expended under paragraph (1), shall be deposited 
     in the Treasury as miscellaneous receipts.
       (d) Priority of Other Authorized Dispositions.--
     Notwithstanding subsections (b) and (c), the authority under 
     such subsections may not be exercised to use, credit, or 
     deposit funds collected under such a program as provided in 
     those subsections to the extent that any other provision of 
     law requires or authorizes the crediting of such funds to a 
     nonappropriated fund instrumentality, revolving fund, 
     working-capital fund, trust fund, or other fund or account.

     SEC. 814. SOURCES OF RECOVERY SERVICES.

       (a) Consideration of Available Recovery Resources.--(1) In 
     carrying out a program under section 812, the head of an 
     executive agency shall consider all resources available to 
     that official to carry out the program.
       (2) The resources considered by the head of an executive 
     agency for carrying out the program shall include the 
     resources available to the executive agency for such purpose 
     from the following sources:
       (A) The executive agency.
       (B) Other departments and agencies of the United States.

[[Page 17413]]

       (C) Private sector sources.
       (b) Compliance With Applicable Law and Regulations.--Before 
     entering into a contract with a private sector source for the 
     performance of services under a program of the executive 
     agency carried out under section 812, the head of an 
     executive agency shall comply with--
       (1) any otherwise applicable provisions of Office of 
     Management and Budget Circular A-76; and
       (2) any other applicable provision of law or regulation 
     with respect to the selection between employees of the United 
     States and private sector sources for the performance of 
     services.

     SEC. 815. MANAGEMENT IMPROVEMENT PROGRAMS.

       In accordance with guidance provided by the Director of the 
     Office of Management and Budget under section 812, the head 
     of an executive agency required to carry out a program under 
     section 812 may carry out a program for improving management 
     processes within the executive agency--
       (1) to address problems that contribute directly to the 
     occurrence of errors in the paying of contractors of the 
     executive agency; or
       (2) to improve the recovery of overpayments due to the 
     agency.

     SEC. 816. REPORTS.

       (a) Requirement for Reports.--Not later than 30 months 
     after the date of the enactment of this Act, and annually for 
     each of the first two years following the year of the first 
     report, the Director of the Office of Management and Budget 
     shall submit to the Committee on Government Reform of the 
     House of Representatives and the Committee on Governmental 
     Affairs of the Senate, a report on the implementation of this 
     subtitle.
       (b) Content.--Each report shall include--
       (1) a general description and evaluation of the steps taken 
     by the heads of executive agencies to carry out the programs 
     under this subtitle, including any management improvement 
     programs carried out under section 815;
       (2) the costs incurred by executive agencies to carry out 
     the programs under this subtitle; and
       (3) the amounts recovered under the programs under this 
     subtitle.

     SEC. 817. RELATIONSHIP TO AUTHORITY OF INSPECTORS GENERAL.

       Nothing in this subtitle shall be construed as impairing 
     the authority of an Inspector General under the Inspector 
     General Act of 1978 or any other provision of law.

     SEC. 818. PRIVACY PROTECTIONS.

       (a) Prohibition.--Any nongovernmental entity that, in the 
     course of recovery auditing or recovery activity under this 
     subtitle, obtains information that identifies an individual 
     or with respect to which there is a reasonable basis to 
     believe that the information can be used to identify an 
     individual, may not disclose the information for any purpose 
     other than such recovery auditing or recovery activity and 
     governmental oversight of such activity, unless disclosure 
     for that other purpose is authorized by the individual to the 
     executive agency that contracted for the performance of the 
     recovery auditing or recovery activity.
       (b) Liability.--Any person that violates subsection (a) 
     shall be liable for any damages (including nonpecuniary 
     damages), costs, and attorneys fees incurred by the 
     individual as a result of the violation.

     SEC. 819. DEFINITION.

       In this subtitle, the term ``executive agency'' has the 
     meaning given that term in section 4(1) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(1)).

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

     SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND 
                   SUPPORT WORKFORCE

       (a) Reduction of Defense Acquisition and Support 
     Workforce.--The Secretary of Defense shall accomplish 
     reductions in defense acquisition and support personnel 
     positions during fiscal year 2002 so that the total number of 
     such personnel as of October 1, 2002, is less than the total 
     number of such personnel as of October 1, 2001, by at least 
     13,000.
       (b) Defense Acquisition Workforce Defined.--For purposes of 
     this section, the term ``defense acquisition and support 
     personnel'' has the meaning given that term in section 931(d) 
     of the Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2106).

     SEC. 902. SENSE OF CONGRESS ON ESTABLISHMENT OF AN OFFICE OF 
                   TRANSFORMATION IN THE DEPARTMENT OF DEFENSE.

       (a) Findings.--Congress finds the following:
       (1) The Armed Forces should give careful consideration to 
     implementating transformation to meet operational challenges 
     and exploit opportunities resulting from changes in the 
     threat environment and the emergence of new technologies.
       (2) A 1999 Defense Science Board report on transformation 
     concluded that there was no overall Department of Defense 
     vision for transformation, no road map, no metrics to measure 
     progress, and little sense of urgency.
       (3) Historic case studies have shown that within the 
     military, as well as commercial enterprises, successful 
     transformation must be directed from the highest levels of an 
     organization.
       (b) Sense of Congress on Establishment of Office of 
     Transformation.--It is the sense of Congress that the 
     Secretary of Defense should consider the establishment of an 
     Office of Transformation within the Office of the Secretary 
     of Defense to advise the Secretary on--
       (1) development of force transformation strategies to 
     ensure that the military of the future is prepared to 
     dissuade potential military competitors and, if that fails, 
     to fight and win decisively across the spectrum of future 
     conflict;
       (2) ensuring a continuous and broadly focused 
     transformation process;
       (3) service and joint acquisition and experimentation 
     efforts, funding for experimentation efforts, promising 
     operational concepts and technologies, and other 
     transformation activities, as appropriate; and
       (4) development of service and joint operational concepts, 
     transformation implementation strategies, and risk management 
     strategies.
       (c) Sense of Congress on Funding.--It is the sense of 
     Congress that the Secretary of Defense should consider 
     providing funding adequate for sponsoring selective 
     prototyping efforts, wargames, and studies and analyses and 
     for appropriate staffing, as recommended by the director of 
     an Office of Transformation as described in subsection (b).

     SEC. 903. REVISED JOINT REPORT ON ESTABLISHMENT OF NATIONAL 
                   COLLABORATIVE INFORMATION ANALYSIS CAPABILITY.

       (a) Revised Report.--At the same time as the submission of 
     the budget for fiscal year 2003 under section 1105 of title 
     31, United States Code, the Secretary of Defense and the 
     Director of Central Intelligence shall submit to the 
     congressional defense committees and the congressional 
     intelligence committees a revised report assessing 
     alternatives for the establishment of a national 
     collaborative information analysis capability.
       (b) Matters Included.--The revised report shall cover the 
     same matters required to be included in the DOD/CIA report, 
     except that the alternative architectures assessed in the 
     revised report shall be limited to architectures that include 
     the participation of all Federal agencies involved in the 
     collection of intelligence. The revised report shall also 
     include a draft of legislation sufficient to carry out the 
     preferred architecture identified in the revised report.
       (c) Officials To Be Consulted.--The revised report shall be 
     prepared after consultation with all appropriate Federal 
     officials, including the following:
       (1) The Secretary of the Treasury.
       (2) The Secretary of Commerce.
       (3) The Secretary of State.
       (4) The Attorney General.
       (5) The Director of the Federal Bureau of Investigation.
       (6) The Administrator of the Drug Enforcement 
     Administration.
       (7) The Director of the Defense Threat Reduction Agency.
       (8) The Director of the Defense Information Systems Agency.
       (d) DOD/CIA Report Defined.--In this section, the term 
     ``DOD/CIA report'' means the joint report required by section 
     933 of the Floyd D. Spence National Defense Authorization Act 
     for Fiscal Year 2001 (as enacted into law by Public Law 106-
     398; 114 Stat. 1654A-237).

     SEC. 904. ELIMINATION OF TRIENNIAL REPORT BY CHAIRMAN OF THE 
                   JOINT CHIEFS OF STAFF ON ROLES AND MISSIONS OF 
                   THE ARMED FORCES.

       (a) Repeal of Requirement for Separate Report by Chairman 
     of the Joint Chiefs of Staff.--Section 153 of title 10, 
     United States Code, is amended by striking subsection (b).
       (b) Roles and Missions Considered as Part of Defense 
     Quadrennial Review.--Subsection 118(e) of such title is 
     amended--
       (1) by inserting ``(1)'' before ``Upon the completion'';
       (2) by designating the second and third sentences as 
     paragraph (3); and
       (3) by inserting after paragraph (1), as designated by 
     paragraph (1) of this subsection, the following new 
     paragraph:
       ``(2) As part of his assessment under paragraph (1), the 
     Chairman shall provide his assessment of the assignment of 
     functions (or roles and missions) to the armed forces and 
     such recommendations for changes thereto as the Chairman 
     considers necessary to achieve maximum efficiency of the 
     armed forces. In preparing such assessment, the Chairman 
     shall consider (among other matters) the following:
       ``(A) Unnecessary duplication of effort among the armed 
     forces.
       ``(B) Changes in technology that can be applied effectively 
     to warfare.''.

     SEC. 905. REPEAL OF REQUIREMENT FOR SEMIANNUAL REPORTS 
                   THROUGH MARCH 2003 ON ACTIVITIES OF JOINT 
                   REQUIREMENTS OVERSIGHT COUNCIL.

       Section 916 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-231) is repealed.

     SEC. 906. CORRECTION OF REFERENCES TO AIR MOBILITY COMMAND.

       (a) References in Title 10, United States Code.--Sections 
     2554(d) and 2555(a) of title 10, United States Code, are each 
     amended by striking ``Military Airlift Command'' and 
     inserting ``Air Mobility Command''.
       (b) Repeal of Obsolete Provision.--Section 8074 of such 
     title is amended by striking subsection (c).
       (c) References in Title 37, United States Code.--Sections 
     430(c) and 432(b) of title 37, United States Code, are each 
     amended by striking ``Military Airlift Command'' and 
     inserting ``Air Mobility Command''.

[[Page 17414]]



     SEC. 907. ORGANIZATIONAL ALIGNMENT CHANGE FOR DIRECTOR FOR 
                   EXPEDITIONARY WARFARE.

       Section 5038(a) of title 10, United States Code, is amended 
     by striking ``Office of the Deputy Chief of Naval Operations 
     for Resources, Warfare Requirements, and Assessments'' and 
     inserting ``office of the Deputy Chief of Naval Operations 
     with responsibility for warfare requirements and programs''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--(1) Upon 
     determination by the Secretary of Defense that such action is 
     necessary in the national interest, the Secretary may 
     transfer amounts of authorizations made available to the 
     Department of Defense in this division for fiscal year 2002 
     between any such authorizations for that fiscal year (or any 
     subdivisions thereof). Amounts of authorizations so 
     transferred shall be merged with and be available for the 
     same purposes as the authorization to which transferred.
       (2) The total amount of authorizations that the Secretary 
     may transfer under the authority of this section may not 
     exceed $2,000,000,000.
       (b) Limitations.--The authority provided by this section to 
     transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

       (a) Status of Classified Annex.--The Classified Annex 
     prepared by the Committee on Armed Services of the House of 
     Representatives to accompany its report on the bill H.R. 2586 
     of the One Hundred Seventh Congress and transmitted to the 
     President is hereby incorporated into this Act.
       (b) Construction With Other Provisions of Act.--The amounts 
     specified in the Classified Annex are not in addition to 
     amounts authorized to be appropriated by other provisions of 
     this Act.
       (c) Limitation on Use of Funds.--Funds appropriated 
     pursuant to an authorization contained in this Act that are 
     made available for a program, project, or activity referred 
     to in the Classified Annex may only be expended for such 
     program, project, or activity in accordance with such terms, 
     conditions, limitations, restrictions, and requirements as 
     are set out for that program, project, or activity in the 
     Classified Annex.
       (d) Distribution of Classified Annex.--The President shall 
     provide for appropriate distribution of the Classified Annex, 
     or of appropriate portions of the annex, within the executive 
     branch of the Government.

     SEC. 1003. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO 
                   PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2002.

       (a) Limitation.--Of the amounts authorized to be 
     appropriated by section 301(24) for the Overseas Contingency 
     Operations Transfer Fund--
       (1) no more than $1,315,600,000 may be obligated for 
     incremental costs of the Armed Forces for Bosnia peacekeeping 
     operations; and
       (2) no more than $1,528,600,000 may be obligated for 
     incremental costs of the Armed Forces for Kosovo peacekeeping 
     operations.
       (b) Presidential Waiver.--The President may waive the 
     limitation in subsection (a)(1), or the limitation in 
     subsection (a)(2), after submitting to Congress the 
     following:
       (1) The President's written certification that the waiver 
     is necessary in the national security interests of the United 
     States.
       (2) The President's written certification that exercising 
     the waiver will not adversely affect the readiness of United 
     States military forces.
       (3) A report setting forth the following:
       (A) The reasons that the waiver is necessary in the 
     national security interests of the United States.
       (B) The specific reasons that additional funding is 
     required for the continued presence of United States military 
     forces participating in, or supporting, Bosnia peacekeeping 
     operations, or Kosovo peacekeeping operations, as the case 
     may be, for fiscal year 2002.
       (C) A discussion of the impact on the military readiness of 
     United States Armed Forces of the continuing deployment of 
     United States military forces participating in, or 
     supporting, Bosnia peacekeeping operations, or Kosovo 
     peacekeeping operations, as the case may be.
       (4) A supplemental appropriations request for the 
     Department of Defense for such amounts as are necessary for 
     the additional fiscal year 2002 costs associated with United 
     States military forces participating in, or supporting, 
     Bosnia or Kosovo peacekeeping operations.
       (c) Peacekeeping Operations Defined.--For the purposes of 
     this section:
       (1) The term ``Bosnia peacekeeping operations'' has the 
     meaning given such term in section 1004(e) of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 112 Stat. 2112).
       (2) The term ``Kosovo peacekeeping operations''--
       (A) means the operation designated as Operation Joint 
     Guardian and any other operation involving the participation 
     of any of the Armed Forces in peacekeeping or peace 
     enforcement activities in and around Kosovo; and
       (B) includes, with respect to Operation Joint Guardian or 
     any such other operation, each activity that is directly 
     related to the support of the operation.

     SEC. 1004. INCREASE IN LIMITATIONS ON ADMINISTRATIVE 
                   AUTHORITY OF THE NAVY TO SETTLE ADMIRALTY 
                   CLAIMS.

       (a) Admiralty Claims Against the United States.--Section 
     7622 of title 10, United States Code, is amended--
       (1) in subsections (a) and (b), by striking ``$1,000,000'' 
     and inserting ``$15,000,000''; and
       (2) in subsection (c), by striking ``$100,000'' and 
     inserting ``$1,000,000''.
       (b) Admiralty Claims by the United States.--Section 7623 of 
     such title is amended--
       (1) in subsection (a)(2), by striking ``$1,000,000'' and 
     inserting ``$15,000,000''; and
       (2) in subsection (c), by striking ``$100,000'' and 
     inserting ``$1,000,000''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to any claim accruing on or after 
     February 1, 2001.

                       Subtitle B--Naval Vessels

     SEC. 1011. REVISION IN TYPES OF EXCESS NAVAL VESSELS FOR 
                   WHICH APPROVAL BY LAW IS REQUIRED FOR DISPOSAL 
                   TO FOREIGN NATIONS.

       (a) Revision in Vessel Threshold.--Section 7307 of title 
     10, United States Code, is amended--
       (1) in subsection (a), by striking ``A naval vessel'' and 
     inserting ``Except as provided in subsection (b), a combatant 
     naval vessel'';
       (2) by redesignating subsection (b) as subsection (c);
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Treatment of Vessels Held by Foreign Nations by Loan 
     or Lease.--Subsection (a) shall not apply to the disposal to 
     another nation of a vessel described in that subsection that, 
     at the time of the disposal, is held by the nation to which 
     the disposal is to be made pursuant to a loan or lease 
     arrangement made under section 61 of the Arms Export Control 
     Act (22 U.S.C. 2796) or any other provision of law.''; and
       (4) by adding after subsection (c), as redesignated by 
     paragraph (2), the following new subsection:
       ``(d) Inapplicability of Vessel Disposals to Aggregate 
     Annual Value Limitations.--The value of a vessel transferred 
     to another country under an applicable provision of law as 
     described in subsection (c) shall not be counted for the 
     purposes of any aggregate limit on the value of articles 
     transferred to other countries under that provision of law 
     during any year (or other applicable period of time).''.
       (b) Technical Amendments.--Subsection (a) of such section 
     is further amended--
       (1) by striking ``Larger or Newer'' in the subsection 
     heading and inserting ``Certain Combatant; and
       (2) by striking ``approved by law enacted after August 5, 
     1974'' and inserting ``specifically approved by law''.

                  Subtitle C--Counter-Drug Activities

     SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING 
                   DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 
                   FOREIGN COUNTER-DRUG ACTIVITIES.

       Section 1022 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted by Public 
     Law 106-398; 114 Stat. 1654A-255) is amended--
       (1) by inserting ``and April 15, 2002,'' after ``January 1, 
     2001,''; and
       (2) by striking ``fiscal year 2000'' and inserting ``the 
     preceding fiscal year''.

     SEC. 1022. AUTHORITY TO TRANSFER TRACKER AIRCRAFT CURRENTLY 
                   USED BY ARMED FORCES FOR COUNTER-DRUG PURPOSES.

       (a) Transfer Authority.--The Secretary of Defense may 
     transfer to the administrative jurisdiction and operational 
     control of another Federal agency all Tracker aircraft in the 
     inventory of the Department of Defense.
       (b) Effect of Failure To Transfer.--If the transfer 
     authority provided by subsection (a) is not exercised by the 
     Secretary of Defense by September 30, 2002, any Tracker 
     aircraft remaining in the inventory of the Department of 
     Defense may not be used by the Armed Forces for counter-drug 
     purposes after that date.

     SEC. 1023. AUTHORITY TO TRANSFER TETHERED AEROSTAT RADAR 
                   SYSTEM CURRENTLY USED BY ARMED FORCES FOR 
                   COUNTER-DRUG PURPOSES.

       (a) Transfer Authority.--The Secretary of Defense may 
     transfer to the administrative jurisdiction and operational 
     control of another Federal agency the Tethered Aerostat Radar 
     System currently used by the Armed Forces in maritime, air, 
     and land counter-drug detection and monitoring.
       (b) Effect of Failure To Transfer.--If the transfer 
     authority provided by subsection (a) is not exercised by the 
     Secretary of Defense by September 30, 2002, the Tethered 
     Aerostat Radar System may not be used by the Armed Forces for 
     counter-drug purposes after that date.

                          Subtitle D--Reports

     SEC. 1031. REQUIREMENT THAT DEPARTMENT OF DEFENSE REPORTS TO 
                   CONGRESS BE ACCOMPANIED BY ELECTRONIC VERSION.

       (a) In General.--Chapter 23 of title 10, United States 
     Code, is amended by inserting

[[Page 17415]]

     after the table of sections the following new section:

     ``Sec. 480. Department of Defense reports: submission in 
       electronic form

       ``(a) Requirement.--Whenever the Secretary of Defense or 
     any other official of the Department of Defense is required 
     by law to submit a report to Congress (or any committee of 
     either House of Congress), the Secretary or other official 
     shall provide to Congress (or each such committee) a copy of 
     the report in an electronic medium.
       ``(b) Exception.--Subsection (a) does not apply to a report 
     submitted in classified form.
       ``(c) Definition.--In this section, the term `report' 
     includes any certification, notification, or other 
     communication in writing.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting before the 
     item relating to section 481 the following new item:

``480. Department of Defense reports: submission in electronic form.''.

     SEC. 1032. REPORT ON DEPARTMENT OF DEFENSE ROLE IN HOMELAND 
                   SECURITY MATTERS.

       The Secretary of Defense shall conduct a study on the 
     appropriate role for the Department of Defense in homeland 
     security matters. The Secretary shall submit to the Congress 
     a report on the results of that study at the same time that 
     the budget of the President for fiscal year 2003 is submitted 
     to Congress.

     SEC. 1033. REVISION OF ANNUAL REPORT TO CONGRESS ON NATIONAL 
                   GUARD AND RESERVE COMPONENT EQUIPMENT.

       The text of section 10541 of title 10, United States Code, 
     is amended to read as follows:
       ``(a) Requirement.--The Secretary of Defense shall submit 
     to Congress each year, not later than March 1, a written 
     report concerning the equipment of the National Guard and the 
     reserve components of the armed forces. Each such report 
     shall cover the current fiscal year and the three succeeding 
     years.
       ``(b) Matters To Be Included in Report.--Each report under 
     this section shall include the following (shown in the 
     aggregate and separately for each reserve component):
       ``(1) A list of major items of equipment required and on-
     hand in the inventories of the reserve components.
       ``(2) A list of major items of equipment that are expected 
     to be procured from commercial sources or transferred from 
     the active component to the reserve components.
       ``(3) A statement of major items of equipment in the 
     inventories of the reserve components that are substitutes 
     for a required major item of equipment.
       ``(4) A narrative explanation of the plan of the Secretary 
     concerned to equip each reserve component, including an 
     explanation of the plan to equip units of the reserve 
     components that are short major items of equipment at the 
     outset of war or a contingency operation.
       ``(5) A narrative discussing the current status of the 
     compatibility and interoperability of equipment between the 
     reserve components and the active forces and the effect of 
     that level of compatibility or interoperability on combat 
     effectiveness, together with a plan to achieve full equipment 
     compatibility and interoperability.
       ``(6) A narrative discussing modernization shortfalls and 
     maintenance backlogs within the reserve components and the 
     effect of those shortfalls on combat effectiveness.
       ``(7) A narrative discussing the overall age and condition 
     of equipment currently in the inventory of the reserve 
     components.
       ``(c) Major Items of Equipment.--In this section, the term 
     `major items of equipment' includes ships, aircraft, combat 
     vehicles, and key combat support equipment.
       ``(d) Format and Level of Detail.--Each report under this 
     section shall be expressed in the same format and with the 
     same level of detail as the information presented in the 
     Future-Years Defense Program Procurement Annex prepared by 
     the Department of Defense.''.

                       Subtitle E--Other Matters

     SEC. 1041. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.

       (a) Additional Items Authorized To Be Donated by Secretary 
     of the Navy.--Section 7545 of title 10, United States Code, 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``Subject to'' and all that follows through 
     ``by him,'' and inserting ``Authority To Make Loans and 
     Gifts.--The Secretary of the Navy'';
       (B) by striking ``captured, condemned,'' and all that 
     follows through ``to--'' and inserting ``items described in 
     subsection (b) that are not needed by the Department of the 
     Navy to any of the following:''
       (C) by capitalizing the first letter after the paragraph 
     designation in each of paragraphs (1) through (12);
       (D) by striking the semicolon at the end of paragraphs (1) 
     through (10) and inserting a period;
       (E) by striking ``; or'' at the end of paragraph (11) and 
     inserting a period;
       (F) in paragraph (5), by striking ``World War I or World 
     War II'' and inserting ``a foreign war'';
       (G) in paragraph (6), by striking ``soldiers' monument'' 
     and inserting ``servicemen's monument''; and
       (H) in paragraph (8), by inserting ``or memorial'' after 
     ``a museum'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (d) and (e), respectively;
       (3) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Items Eligible for Disposal.--This section applies to 
     the following types of property held by the Department of the 
     Navy:
       ``(1) Captured, condemned, or obsolete ordnance material.
       ``(2) Captured, condemned, or obsolete combat or shipboard 
     material.
       ``(c) Regulations.--A loan or gift made under this section 
     shall be subject to regulations prescribed by the Secretary 
     of the Navy and to regulations under section 205 of the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C. 486).'';
       (4) in subsection (d) (as redesignated by paragraph (2)), 
     by inserting ``Maintenance of the Records of the 
     Government.--'' after the subsection designation;
       (5) in subsection (e) (as redesignated by paragraph (2)), 
     by inserting ``Alternative Authorities To Make Gifts or 
     Loans.--'' after the subsection designation; and
       (6) by adding at the end the following new subsection:
       ``(f) Authority To Transfer a Portion of a Vessel.--The 
     Secretary may lend, give, or otherwise transfer any portion 
     of the hull or superstructure of a vessel stricken from the 
     Naval Vessel Register and designated for scrapping to a 
     qualified organization specified in subsection (a). The terms 
     and conditions of an agreement for the transfer of a portion 
     of a vessel under this section shall include a requirement 
     that the transferee will maintain the material conveyed in a 
     condition that will not diminish the historical value of the 
     material or bring discredit upon the Navy.''.
       (b) Conforming Amendments.--Section 2572(a) of such title 
     is amended--
       (1) in paragraph (2), by striking ``soldiers' monument'' 
     and inserting ``servicemen's monument''; and
       (2) in paragraph (4), by inserting ``or memorial'' after 
     ``An incorporated museum''.

     SEC. 1042. TERMINATION OF REFERENDUM REQUIREMENT REGARDING 
                   CONTINUATION OF MILITARY TRAINING ON ISLAND OF 
                   VIEQUES, PUERTO RICO, AND IMPOSITION OF 
                   ADDITIONAL CONDITIONS ON CLOSURE OF LIVE-FIRE 
                   TRAINING RANGE.

       (a) In General.--Title XV of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted by 
     Public Law 106-398; 114 Stat. 1654A-348) is amended by 
     striking sections 1503, 1504, and 1505 and inserting the 
     following new sections:

     ``SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL TRAINING 
                   RANGE.

       ``(a) Required Certification.--The Secretary of the Navy 
     may close the Vieques Naval Training Range on the island of 
     Vieques, Puerto Rico, and discontinue live-fire training at 
     that range only if--
       ``(1) the Chief of Naval Operations and the Commandant of 
     the Marine Corps jointly certify that there is an alternative 
     training facility that provides an equivalent or superior 
     level of training for units of the Navy and the Marine Corps 
     stationed or deployed in the eastern United States; and
       ``(2) the new facility is available and fully capable of 
     supporting such training immediately upon cessation of live-
     fire training on Vieques.
       ``(b) Equivalent or Superior Level of Training Defined.--In 
     this section, the term `equal or superior level of training' 
     refers to an ability by the Armed Forces to conduct at a 
     single location coordinated live-fire training, including 
     simultaneous large-scale tactical air strikes, naval surface 
     fire support and artillery, and amphibious landing 
     operations, as was conducted at Vieques Naval Training Range 
     before April 19, 1999.

     ``SEC. 1504. NAVY RETENTION OF CLOSED VIEQUES NAVAL TRAINING 
                   RANGE.

       ``(a) Retention.--If the conditions specified in section 
     1503(a) are satisfied and the Secretary of the Navy 
     terminates all Navy and Marine Corps training operations on 
     the island of Vieques, the Secretary of the Navy shall retain 
     administrative jurisdiction over the Live Impact Area and all 
     other Department of Defense real properties on the eastern 
     side of the island for possible reactivation for training 
     use, including live-fire training, in the event a national 
     emergency.
       ``(b) Administration.--The Secretary of the Navy may enter 
     into a cooperative agreement with the Secretary of the 
     Interior to provide for management of the property described 
     in subsection (a), pending reactivation for training use, by 
     appropriate agencies of the Department of the Interior as 
     follows:
       ``(1) Management of the Live Impact Area as a wilderness 
     area under the Wilderness Act (16 U.S.C. 1131 et seq.), 
     including a prohibition on public access to the area.
       ``(2) Management of the remaining property as wildlife 
     refuges under the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd et seq.).
       ``(c) Live Impact Area Defined.--In this section, the term 
     `Live Impact Area' means the parcel of real property, 
     consisting of approximately 900 acres (more or less), on the 
     island of Vieques that is designated by the Secretary of the 
     Navy for targeting by live ordnance in the training of forces 
     of the Navy and Marine Corps.''.
       (b) Conforming Amendment.--Section 1507(c) of such Act is 
     amended by striking ``the issuance of a proclamation 
     described in section 1504(a) or''.

     SEC. 1043. REPEAL OF LIMITATION ON REDUCTIONS IN PEACEKEEPER 
                   ICBM MISSILES.

       Subsection (a)(1) of section 1302 of the National Defense 
     Authorization Act for Fiscal

[[Page 17416]]

     Year 1998 (Public Law 105-85) is amended by striking 
     subparagraph (D).

     SEC. 1044. SENSE OF THE CONGRESS ON THE IMPORTANCE OF THE 
                   KWAJALEIN MISSILE RANGE/RONALD REAGAN DEFENSE 
                   INITIATIVE TEST SITE AT KWAJALEIN ATOLL.

       (a) Importance of Missile Range.--Congress recognizes the 
     importance of the Kwajalein Missile Range to the Department 
     of Defense, particularly in that--
       (1) Kwajalein acts as a buffer between Hawaii and Asia and 
     provides an important role in monitoring potential 
     adversaries in the Pacific Theatre; and
       (2) the range is the only location at which tests for 
     United States exoatmospheric ballistic missile defense 
     intercepts occurs.
       (b) Findings.--Congress finds that the Department of 
     Defense conducted a study regarding the importance of 
     Kwajalein Missile Range and made the following findings:
       (1) The United States has an overriding defense interest in 
     continuing the use of the Kwajalein Missile Range and 
     facilities on Kwajalein Atoll.
       (2) The requirements of United States missile defense and 
     space surveillance programs, combined with the uniqueness of 
     Kwajalein's location, and infrastructure investment, make 
     renewal of the Compact in the best interest of the Department 
     of Defense.
       (c) Sense of Congress.--It is the sense of Congress that 
     the United States--
       (1) should work to continue the long-term relationship of 
     the Department of Defense with the Kwajalein Missile Range/
     Ronald Reagan Defense Initiative Test Site at Kwajalein 
     Atoll; and
       (2) should continue to recognize the vital importance of 
     that test site to the national security of the United States 
     and peacekeeping efforts in Asia.

     SEC. 1045. TRANSFER OF VIETNAM ERA F-4 AIRCRAFT TO NONPROFIT 
                   MUSEUM.

       (a) Authority To Convey.--The Secretary of the Air Force 
     may convey, without consideration, to the nonprofit National 
     Aviation Museum and Foundation of Oklahoma (in this section 
     referred to as the ``museum''), all right, title, and 
     interest of the United States in and to one surplus F-4 
     aircraft that is flyable or that can be readily restored to 
     flyable condition. The conveyance shall be made by means of a 
     conditional deed of gift.
       (b) Condition of Aircraft.--(1) The Secretary may not 
     convey ownership of an aircraft under subsection (a) until 
     the Secretary determines that the museum has altered the 
     aircraft in such manner as the Secretary determines necessary 
     to ensure that the aircraft does not have any capability for 
     use as a platform for launching or releasing munitions or any 
     other combat capability that it was designed to have.
       (2) The Secretary is not required to repair or alter the 
     condition of the aircraft before conveying ownership of the 
     aircraft.
       (c) Reverter Upon Breach of Conditions.--The Secretary 
     shall include in the instrument of conveyance of the 
     aircraft--
       (1) a condition that the museum not convey any ownership 
     interest in, or transfer possession of, the aircraft to any 
     other party without the prior approval of the Secretary;
       (2) a condition that the museum operate and maintain the 
     aircraft in compliance with all applicable limitations and 
     maintenance requirements imposed by the Administrator of the 
     Federal Aviation Administration; and
       (3) a condition that if the Secretary determines at any 
     time that the museum has conveyed an ownership interest in, 
     or transferred possession of, the aircraft to any other party 
     without the prior approval of the Secretary, or has failed to 
     comply with the condition set forth in paragraph (2), all 
     right, title, and interest in and to the aircraft, including 
     any repair or alteration of the aircraft, shall revert to the 
     United States, and the United States shall have the right of 
     immediate possession of the aircraft.
       (d) Conveyance at No Cost to the United States.--The 
     conveyance of the aircraft under subsection (a) shall be made 
     at no cost to the United States. Any costs associated with 
     the conveyance, costs of determining compliance with 
     subsection (b), and costs of operation and maintenance of the 
     aircraft conveyed shall be borne by the museum.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 1046. BOMBER FORCE STRUCTURE.

       (a) Limitation.--None of the funds available to the 
     Department of Defense for fiscal year 2002 may be obligated 
     or expended for retiring or dismantling any of the 93 B-1B 
     Lancer bombers in service as of June 1, 2001, or for 
     transferring or reassigning any of those aircraft from the 
     unit or the facility to which assigned as of that date, until 
     each of the following has occurred:
       (1) The President transmits to Congress a national security 
     strategy report under section 108 of the National Security 
     Act of 1947 (50 U.S.C. 4040) as required by subsection (a)(3) 
     of that section.
       (2) The Secretary of Defense submits to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives the Quadrennial 
     Defense Review (QDR) under section 118 of title 10, United 
     States Code, that under that section is required to be 
     submitted not later than September 30, 2001.
       (3) The Secretary of Defense submits to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report that 
     provides--
       (A) the changes in national security considerations from 
     those applicable to the air force bomber studies conducted 
     during 1992 and 1995 that warrant changes in the current 
     configuration of the bomber fleet; and
       (B) the plans of the Department of Defense for assigning 
     new missions to the National Guard units that currently fly 
     B-1 aircraft and for the transition of those units and their 
     facilities from the current B-1 mission to their future 
     missions.
       (4) The Secretary of Defense submits to Congress the annual 
     report of the Secretary for 2001 required by section 113(c) 
     of title 10, United States Code.
       (5) The Secretary of Defense submits to Congress a report 
     on the results of the Revised Nuclear Posture Review 
     conducted under section 1042 of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted 
     into law by Public Law 106-398; 114 Stat. 1654A-262), as 
     required by subsection (c) of that section.
       (6) The Secretary of Defense conducts, and submits to the 
     Committee on Armed Services of the Senate and Committee on 
     Armed Services of the House of Representatives a report on 
     the results of, a comprehensive study to determine--
       (A) the role of manned bomber aircraft appropriate to meet 
     the requirements derived from the National Security Strategy 
     report referred to in paragraph (1);
       (B) the amount and type of bomber force structure in the 
     United States Air Force appropriate to meet the requirements 
     derived from the National Security Strategy report referred 
     to in paragraph (1); and
       (C) the most cost effective allocation of bomber force 
     structure, factoring in use of the reserve components of the 
     Air Force consistent with the requirements of the National 
     Security Strategy report referred to in paragraph (1).
       (b) GAO Study and Report.--The Comptroller General of the 
     United States shall conduct a study on the same matters as 
     specified in subparagraphs (A), (B), and (C) of subsection 
     (a)(6). The Comptroller General shall submit to Congress a 
     report containing the results of that study not later than 
     180 days after the date of the submission of the report 
     referred to in subsection (a)(6)
       (c) Definitions.--For purposes of this section:
       (1) Amount and type of bomber force structure.--The term 
     ``amount and type of bomber force structure'' means the 
     required numbers of B-2 aircraft, B-52 aircraft, and B-1 
     aircraft consistent with the requirements of the National 
     Security Strategy referred to in subsection (a)(1).
       (2) Cost effective allocation of bomber force structure.--
     The term ``cost effective allocation of bomber force 
     structure'' means the lowest cost for stationing, 
     maintaining, and operating the bomber fleet fully consistent 
     with the requirements of the National Security Strategy 
     referred to in subsection (a)(1).

     SEC. 1047. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) The tables of chapters at the beginning of subtitle A, 
     and at the beginning of part II of subtitle A, are each 
     amended by striking the period after ``1111'' in the item 
     relating to chapter 56.
       (2) Section 119(g)(2) is amended by striking ``National 
     Security Subcommittee'' and inserting ``Subcommittee on 
     Defense''.
       (3) Section 130c(b)(3)(C) is amended by striking 
     ``subsection (f)'' and inserting ``subsection (g)''.
       (4) Section 176(a)(3) is amended by striking ``Chief 
     Medical Director'' and inserting ``Under Secretary for 
     Health''.
       (5)(A) Section 503(c) is amended in paragraph (6)(A)(i) by 
     striking ``14101(18)'' and ``8801(18)'' and inserting 
     ``14101'' and ``8801'', respectively.
       (B) The amendment made by subparagraph (A) shall take 
     effect on July 1, 2002, immediately after the amendment to 
     such section effective that date by section 563(a) of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted by Public Law 106-398; 114 Stat. 131).
       (6) Section 663(e) is amended--
       (A) by striking ``Armed Forces Staff College'' in paragraph 
     (1) and inserting ``Joint Forces Staff College''; and
       (B) by striking ``Armed Forces Staff College'' and 
     inserting ``Joint Forces Staff College''.
       (7) Section 667(17) is amended by striking ``Armed Forces 
     Staff College'' both places it appears and inserting ``Joint 
     Forces Staff College''.
       (8) Section 874(a) is amended by inserting after ``a 
     sentence of confinement for life without eligibility for 
     parole'' the following: ``that is adjudged for an offense 
     committed after October 29, 2000''.
       (9) Section 1056(c)(2) is amended by striking ``, not later 
     than September 30, 1991,''.
       (10) The table of sections at the beginning of chapter 55 
     is amended by transferring the item relating to section 
     1074i, as inserted by section 758(b) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted by Public Law 106-398; 114 Stat. 1654A- 200), so as 
     to appear after the item relating to section 1074h.
       (11) Section 1097a(e) is amended by striking ``section 
     1072'' and inserting ``section 1072(2)''.
       (12) Sections 1111(a) and 1114(a)(1) are each amended by 
     striking ``hereafter'' and inserting ``hereinafter''.

[[Page 17417]]

       (13) Section 1116 is amended--
       (A) in subsection (a)(2)(B), by inserting an open 
     parenthesis before ``other than for training''; and
       (B) in subsection (b)(2)(D), by striking ``section 
     111(c)(4)'' and inserting ``section 1115(c)(4)''.
       (14) The heading for subchapter II of chapter 75 is 
     transferred within that chapter so as to appear before the 
     table of sections at the beginning of that subchapter (as if 
     the amendment made by section 721(c)(1) of the National 
     Defense Authorization Act for Fiscal Year 2000 (Public Law 
     106-65; 113 Stat. 694) had inserted that heading following 
     section 1471 instead of before section 1475).
       (15) Section 1611(d) is amended by striking ``with''.
       (16) Section 2166(e)(9) is amended by striking ``App. 2'' 
     and inserting ``App.''.
       (17) Section 2323(a)(1)(C) is amended--
       (A) by striking ``section 1046(3)'' and inserting ``section 
     365(3)'';
       (B) by striking ``20 U.S.C. 1135d-5(3)'' and inserting ``20 
     U.S.C. 1067k''; and
       (C) by striking ``, which, for the purposes of this 
     section'' and all that follows through the period at the end 
     and inserting a period.
       (18) Section 2375(b) is amended by inserting ``(41 U.S.C. 
     430)'' after ``section 34 of the Office of Federal 
     Procurement Policy Act''.
       (19) Section 2376(1) is amended by inserting ``(41 U.S.C. 
     403)'' after ``section 4 of the Office of Federal Procurement 
     Policy Act''.
       (20) Section 2410f(a) is amended by inserting after 
     ``inscription'' the following: ``, or another inscription 
     with the same meaning,''.
       (21) Section 2461a(a)(2) is amended by striking 
     ``effeciency'' and inserting ``efficiency''.
       (22) Section 2467 is amended--
       (A) in subsection (a)(2)--
       (i) by striking ``, United States Code'' in subparagraph 
     (A); and
       (ii) by striking ``such'' in subparagraphs (B) and (C); and
       (B) in subsection (b)(2)(A), by striking ``United States 
     Code,''.
       (23) Section 2535 is amended--
       (A) in subsection (a)--
       (i) by striking ``intent of Congress'' and inserting 
     ``intent of Congress--'';
       (ii) by realigning clauses (1), (2), (3), and (4) so that 
     each such clause appears as a separate paragraph indented two 
     ems from the left margin; and
       (iii) in paragraph (1), as so realigned, by striking 
     ``Armed Forces'' and inserting ``armed forces'';
       (B) in subsection (b)(1)--
       (i) by striking ``in this section, the Secretary is 
     authorized and directed to--'' and inserting ``in subsection 
     (a), the Secretary of Defense shall--''; and
       (ii) by striking ``defense industrial reserve'' in 
     subparagraph (A) and inserting ``Defense Industrial 
     Reserve''; and
       (C) in subsection (c)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraph (2) as paragraph (1) and in 
     that paragraph--

       (I) by striking ``means'' and inserting ``means--'';
       (II) by realigning clauses (A), (B), and (C) so that each 
     such clause appears as a separate subparagraph indented four 
     ems from the left margin; and
       (III) by inserting ``and'' at the end of subparagraph (B), 
     as so realigned; and

       (iii) by redesignating paragraph (3) as paragraph (2).
       (24) Section 2541c is amended by striking ``subtitle'' both 
     places it appears in the matter preceding paragraph (1) and 
     inserting ``subchapter''.
       (25) The second section 2555, added by section 1203(a) of 
     the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 
     1654A-324), is redesignated as section 2565, and the item 
     relating to that section in the table of sections at the 
     beginning of chapter 152 is revised to conform to such 
     redesignation.
       (26) The second section 2582, added by section 1(a) of 
     Public Law 106-446 (114 Stat. 1932), is redesignated as 
     section 2583, and the item relating to that section in the 
     table of sections at the beginning of chapter 153 is revised 
     to conform to such redesignation.
       (27)(A) Section 2693(a) is amended--
       (i) in the matter preceding paragraph (1), by inserting 
     ``of Defense'' after ``Secretary''; and
       (ii) in paragraph (3)--
       (I) by inserting ``to the Secretary of Defense'' after 
     ``certifies'';
       (II) by inserting ``(42 U.S.C. 3762a)'' after ``of 1968''; 
     and
       (III) by striking ``to the public agencies referred to in 
     section 515(a)(1) or 515(a)(3) of title I of such Act'' and 
     inserting ``to a public agency referred to in paragraph (1) 
     or (3) of subsection (a) of such section''.
       (B)(i) The heading of such section is amended to read as 
     follows:

     ``Sec. 2693. Conveyance of certain property: Department of 
       Justice correctional options program''.

       (ii) The item relating to such section in the table of 
     sections at the beginning of chapter 159 is amended to read 
     as follows:

``2693. Conveyance of certain property: Department of Justice 
              correctional options program.''.

       (28) Section 3014(f)(3) is amended by striking ``the number 
     equal to'' and all that follows and inserting ``67.''.
       (29) Section 5014(f)(3) is amended by striking ``the number 
     equal to'' and all that follows and inserting ``74.''.
       (30) Section 8014(f)(3) is amended by striking ``the number 
     equal to'' and all that follows and inserting ``60.''.
       (31) Section 9783(e)(1) is amended by striking 
     ``40101(a)(2)'' and inserting ``40102(a)(2)''.
       (32) Section 12741(a)(2) is amended by striking 
     ``received'' and inserting ``receive''.
       (b) Amendments Relating to Change in Title of Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics.--Title 10, United States Code, is further amended 
     as follows:
       (1) Section 133a(b) is amended by striking ``shall assist 
     the Under Secretary of Defense for Acquisition and 
     Technology'' and inserting ``shall assist the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics''.
       (2) The following provisions are each amended by striking 
     ``Under Secretary of Defense for Acquisition and Technology'' 
     and inserting ``Under Secretary of Defense for Acquisition, 
     Technology, and Logistics'': sections 139(c), 139(f), 
     171(a)(3), 179(a)(1), 1702, 1703, 1707(a), 1722(a), 
     1722(b)(2)(B), 1735(c)(1), 1737(c)(1), 1737(c)(2)(B), 
     1741(b), 1746(a), 1761(b)(4), 1763, 2302c(a)(2), 
     2304(f)(1)(B)(iii), 2304(f)(6)(B), 2311(c)(1), 2311(c)(2)(B), 
     2350a(b)(2), 2350a(e)(1)(A), 2350a(e)(2)(B), 2350a(f)(1), 
     2399(b)(3), 2435(b), 2435(d)(2), 2521(a), and 2534(i)(3).
       (3)(A) The heading for section 1702 is amended to read as 
     follows:

     ``Sec. 1702. Under Secretary of Defense for Acquisition, 
       Technology, and Logistics: authorities and 
       responsibilities''.

       (B) The item relating to section 1702 in the table of 
     sections at the beginning of subchapter I of chapter 87 is 
     amended to read as follows:

``1702. Under Secretary of Defense for Acquisition, Technology, and 
              Logistics: authorities and responsibilities.''.

       (4) Section 2503(b) is amended by striking ``Under 
     Secretary of Defense for Acquisition'' and inserting ``Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics''.
       (c) Amendments To Substitute Calendar Dates for Date-of-
     Enactment References.--Title 10, United States Code, is 
     further amended as follows:
       (1) Section 130c(d)(1) is amended by striking ``the date of 
     the enactment of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001'' and inserting 
     ``October 30, 2000,''.
       (2) Section 184(a) is amended by striking ``the date of the 
     enactment of this section,'' and inserting ``October 30, 
     2000,''.
       (3) Section 986(a) is amended by striking ``the date of the 
     enactment of this section,'' and inserting ``October 30, 
     2000,''.
       (4) Section 1074g(a)(8) is amended by striking ``the date 
     of the enactment of this section'' and inserting ``October 5, 
     1999,''.
       (5) Section 1079(h)(2) is amended by striking ``the date of 
     the enactment of this paragraph'' and inserting ``February 
     10, 1996,''.
       (6) Section 1206(5) is amended by striking ``the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2000,'' and inserting ``October 5, 1999,''.
       (7) Section 1405(c)(1) is amended by striking ``the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 1995,'' and inserting ``October 5, 1994,''.
       (8) Section 1407(f)(2) is amended by striking ``the date of 
     the enactment of this subsection--'' and inserting ``October 
     30, 2000--''.
       (9) Section 1408(d)(6) is amended by striking ``the date of 
     the enactment of this paragraph'' and inserting ``August 22, 
     1996,''.
       (10) Section 1511(b) is amended by striking ``the date of 
     the enactment of this chapter.'' and inserting ``February 10, 
     1996.''.
       (11) Section 2461a(b)(1) is amended by striking ``the date 
     of the enactment of this section,'' and inserting ``October 
     30, 2000,''.
       (12) Section 4021(c)(1) is amended by striking ``the date 
     of the enactment of this section.'' and inserting ``November 
     29, 1989.''.
       (13) Section 6328(a) is amended by striking ``the date of 
     the enactment of this section'' and inserting ``February 10, 
     1996,''.
       (14) Section 7439 is amended--
       (A) in subsection (a)(2), by striking ``one year after the 
     date of the enactment of this section,'' and inserting 
     ``November 18, 1998,'';
       (B) in subsection (b)(1), by striking ``the date of the 
     enactment of this section,'' and inserting ``November 18, 
     1997,'';
       (C) in subsection (b)(2), by striking ``the end of the one-
     year period beginning on the date of the enactment of this 
     section.'' and inserting ``November 18, 1998.''; and
       (D) in subsection (f)(2), by striking ``the date of the 
     enactment of this section'' and inserting ``November 18, 
     1997,''.
       (15) Section 12533 is amended--
       (A) in each of subsections (b) and (c)(1), by striking 
     ``the date of the enactment of this section.'' and inserting 
     ``November 18, 1997.''; and
       (B) in each of subsections (c)(2) and (d), by striking 
     ``the date of the enactment of this section'' and inserting 
     ``November 18, 1997,''.
       (16) Section 12733(3) is amended--
       (A) in subparagraph (B), by striking ``the date of the 
     enactment of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001;'' and inserting 
     ``October 30, 2000;''; and
       (B) in subparagraph (C), by striking ``the date of the 
     enactment of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001'' and inserting 
     ``October 30, 2000,''.
       (d) Amendments Relating to Change in Title of McKinney-
     Vento Homeless Assistance Act.--The following provisions are 
     each

[[Page 17418]]

     amended by striking ``Stewart B. McKinney Homeless Assistance 
     Act'' and inserting ``McKinney-Vento Homeless Assistance 
     Act'':
       (1) Sections 2814(j)(2), 2854a(d)(2), and 2878(d)(4) of 
     title 10, United States Code.
       (2) Sections 2905(b)(6)(A) and 2910(11) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note).
       (3) Section 204(b)(6)(A) of the Defense Authorization 
     Amendments and Base Closure and Realignment Act (Public Law 
     100-526; 10 U.S.C. 2687 note).
       (4) Section 2915(c)(10) of the National Defense 
     Authorization Act for Fiscal Year 1994 (10 U.S.C. 2687 note).
       (5) Section 2(e)(4)(A) of the Base Closure Community 
     Redevelopment and Homeless Assistance Act of 1994 (Public Law 
     103-421; 10 U.S.C. 2687 note).
       (6) Section 1053(a) of the National Defense Authorization 
     Act for Fiscal Year 1997 (110 Stat. 2650).
       (e) Amendments To Repeal Obsolete Provisions.--Title 10, 
     United States Code, is further amended as follows:
       (1) Section 1144 is amended--
       (A) in subsection (a)(3), by striking the second sentence; 
     and
       (B) by striking subsection (e).
       (2) Section 1581(b) is amended--
       (A) by striking ``(1)'' and all that follows through ``The 
     Secretary of Defense shall deposit'' and inserting ``The 
     Secretary of Defense shall deposit''; and
       (B) by striking ``on or after December 5, 1991,''.
       (3) Subsection (e) of section 1722 is repealed.
       (4) Subsection 1732(a) is amended by striking the second 
     sentence.
       (5) Section 1734 is amended--
       (A) in subsection (b)(1)(B), by striking ``on and after 
     October 1, 1991,''; and
       (B) in subsection (e)(2), by striking the last sentence.
       (6)(A) Section 1736 is repealed.
       (B) The table of sections at the beginning of subchapter 
     III of chapter 87 is amended by striking the item relating to 
     section 1736.
       (7)(A) Sections 1762 and 1764 are repealed.
       (B) The table of sections at the beginning of subchapter V 
     of chapter 87 is amended by striking the items relating to 
     sections 1762 and 1764.
       (8) Section 2112(a) is amended by striking ``, with the 
     first class graduating not later than September 21, 1982''.
       (9) Section 2218(d)(1) is amended by striking ``for fiscal 
     years after fiscal year 1993''.
       (10)(A) Section 2468 is repealed.
       (B) The table of sections at the beginning of chapter 146 
     is amended by striking the item relating to section 2468.
       (11) Section 2832 is amended--
       (A) by striking ``(a)'' before ``The Secretary of 
     Defense''; and
       (B) by striking subsection (b).
       (12) Section 7430(b)(2) is amended--
       (A) by striking ``at a price less than'' and all that 
     follows through ``the current sales price'' and inserting 
     ``at a price less than the current sales price'';
       (B) by striking ``; or'' and inserting a period; and
       (C) by striking subparagraph (B).
       (f) Public Law 106-398.--Effective as of October 30, 2000, 
     and as if included therein as enacted, the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398) is amended as 
     follows:
       (1) Section 525(b)(1) (114 Stat. 1654A-109) is amended by 
     striking ``subsection (c)'' and inserting ``subsections (a) 
     and (b)''.
       (2) Section 1152(c)(2) (114 Stat. 1654A-323) is amended by 
     inserting ``inserting'' after ``and''.
       (g) Public Law 106-65.--Effective as of October 5, 1999, 
     and as if included therein as enacted, the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65) is 
     amended as follows:
       (1) Section 531(b)(2)(A) (113 Stat. 602) is amended by 
     inserting ``in subsection (a),'' after ``(A)''.
       (2) Section 549(a)(2) (113 Stat. 611) is amended by 
     striking ``such chapter'' and inserting ``chapter 49 of title 
     10, United States Code,''.
       (3) Section 576(a)(3) (10 U.S.C. 1501 note; 113 Stat. 625) 
     is amended by adding a period at the end.
       (4) Section 577(a)(2) (113 Stat. 625) is amended by 
     striking ``bad conduct'' in the first quoted matter and 
     inserting ``bad-conduct''.
       (5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302 note; 113 Stat. 
     709) is amended by striking ``Mentor-Protegee'' and inserting 
     ``Mentor-Protege''.
       (6) Section 1052(b)(1) (113 Stat. 764) is amended by 
     striking `` `The Department'' and inserting ``the 
     `Department''.
       (7) Section 1053(a)(5) (10 U.S.C. 113 note; 113 Stat. 764) 
     is amended by inserting ``and'' before ``Marines''.
       (8) Section 1402(f)(2)(A) (22 U.S.C. 2778 note; 113 Stat. 
     799) is amended by striking ``3201 note'' and inserting 
     ``6305(4)''.
       (9) Section 2902(d) (10 U.S.C. 111 note; 113 Stat. 882) is 
     amended by striking ``section 2871(b)'' and inserting 
     ``section 2881(b)''.
       (h) Public Law 102-484.--The National Defense Authorization 
     Act for Fiscal Year 1993 (Public Law 102-484) is amended as 
     follows:
       (1) Section 3161(c)(6)(C) (42 U.S.C. 7274h(c)(6)(C)) is 
     amended by striking ``title IX of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3241 et seq.)'' 
     and inserting ``title II of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3141 et seq.)''.
       (2) Section 4416(b)(1) (10 U.S.C. 12681 note) is amended by 
     striking ``force reduction period'' and inserting ``force 
     reduction transition period''.
       (3) Section 4461(5) (10 U.S.C. 1143 note) is amended by 
     adding a period at the end.
       (i) Other Laws.--
       (1) Section 1083(c) of the National Defense Authorization 
     Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 113 
     note) is amended by striking ``Names'' and inserting 
     ``Name''.
       (2) Section 845(d)(1)(B)(ii) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2371 note) is amended by inserting a closed 
     parenthesis after ``41 U.S.C. 414(3))''.
       (3) Section 1123(b) of the National Defense Authorization 
     Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 
     Stat. 1556) is amended by striking ``Armed Forces Staff 
     College'' each place it appears and inserting ``Joint Forces 
     Staff College''.
       (4) Section 1412(g)(2)(C)(vii) of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521(g)(2)(C)(vii)) is 
     amended by striking ``(c)(3)'' and inserting ``(c)(4)''.
       (5) Section 8336 of title 5, United States Code, is 
     amended--
       (A) in subsection (d)(2), by striking ``subsection (o)'' 
     and inserting ``subsection (p)''; and
       (B) by redesignating the second subsection (o), added by 
     section 1152(a)(2) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted by Public 
     Law 106-398; 114 Stat. 1654A-320), as subsection (p).
       (6) Section 9001(3) of title 5, United States Code, is 
     amended by striking ``and'' at the end of subparagraph (A) 
     and inserting ``or''.
       (7) Section 318(h)(3) of title 37, United States Code, is 
     amended by striking ``subsection (a)'' and inserting 
     ``subsection (b)''.
       (8) Section 3695(a)(5) of title 38, United States Code, is 
     amended by striking ``1610'' and inserting ``1611''.
       (9) Section 13(b) of the Peace Corps Act (22 U.S.C. 
     2512(b)) is amended by striking ``, subject to section 5532 
     of title 5, United States Code''.
       (10) Section 127(g)(6) of the Trade Deficit Review 
     Commission Act (19 U.S.C. 2213 note), as amended by section 
     311(b) of the Legislative Branch Appropriations Act, 2000 
     (Public Law 106-57; 113 Stat. 428), is amended--
       (A) by striking ``authorities.--'' and all that follows 
     through ``An individual'' and inserting ``authorities.--An 
     individual''; and
       (B) by striking subparagraph (B).
       (11) Section 28 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2038) is amended in the last sentence by striking '', subject 
     to'' and all that follows through the period at the end and 
     inserting a period.
       (12) Section 3212 of the National Nuclear Security 
     Administration Act (50 U.S.C. 2402) is amended by 
     redesignating the second subsection (e), added by section 
     3159(a) of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted by Public Law 106-398; 
     114 Stat. 1654A-469), as subsection (f).

                      TITLE XI--CIVILIAN PERSONNEL

     SEC. 1101. UNDERGRADUATE TRAINING PROGRAM FOR EMPLOYEES OF 
                   THE NATIONAL IMAGERY AND MAPPING AGENCY.

       (a) Authority To Carry Out Training Program.--Subchapter 
     III of chapter 22 of title 10, United States Code, is amended 
     by adding at the end the following new section:

     ``Sec. 462. Undergraduate training program

       ``(a) Authority To Carry Out Program.--The Secretary of 
     Defense may authorize the Director of the National Imagery 
     and Mapping Agency to establish an undergraduate training 
     program under which civilian employees of the National 
     Imagery and Mapping Agency may be assigned as students at 
     accredited professional, technical, and other institutions of 
     higher learning for training at the undergraduate level in 
     skills critical to effective performance of the mission of 
     the National Imagery and Mapping Agency. Such training may 
     lead to the award of a baccalaureate degree.
       ``(b) Purpose.--The purpose of the program authorized by 
     subsection (a) is to facilitate the recruitment of 
     individuals, particularly minority high school students, with 
     a demonstrated capability to develop skills critical to the 
     mission of the National Imagery and Mapping Agency, including 
     skills in mathematics, computer science, engineering, and 
     foreign languages.
       ``(c) Requirements.--(1) To be eligible for assignment 
     under subsection (a), an employee of the National Imagery and 
     Mapping Agency must agree in writing--
       ``(A) to continue in the service of the National Imagery 
     and Mapping Agency for the period of the assignment and to 
     complete the educational course of training for which the 
     employee is assigned;
       ``(B) to continue in the service of the National Imagery 
     and Mapping Agency following completion of the assignment for 
     a period of one-and-a-half years for each year of the 
     assignment or part thereof;
       ``(C) to reimburse the United States for the total cost of 
     education (excluding the employee's pay and allowances) 
     provided under this section to the employee if, before the 
     employee's completing the educational course of training for 
     which the employee is assigned, the assignment or the 
     employee's employment with the National Imagery and Mapping 
     Agency is terminated either by the National Imagery and 
     Mapping Agency due to misconduct by the employee or by the 
     employee voluntarily; and
       ``(D) to reimburse the United States if, after completing 
     the educational course of training for which the employee is 
     assigned, the employee's employment with the National Imagery 
     and

[[Page 17419]]

     Mapping Agency is terminated either by the National Imagery 
     and Mapping Agency due to misconduct by the employee or by 
     the employee voluntarily, before the employee's completion of 
     the service obligation period described in subparagraph (B), 
     in an amount that bears the same ratio to the total cost of 
     the education (excluding the employee's pay and allowances) 
     provided to the employee as the unserved portion of the 
     service obligation period described in subparagraph (B) bears 
     to the total period of the service obligation described in 
     subparagraph (B).
       ``(2) Subject to paragraph (3), the obligation to reimburse 
     the United States under an agreement described in paragraph 
     (1), including interest due on such obligation, is for all 
     purposes a debt owing the United States.
       ``(3)(A) A discharge in bankruptcy under title 11, United 
     States Code, shall not release a person from an obligation to 
     reimburse the United States required under an agreement 
     described in paragraph (1) if the final decree of the 
     discharge in bankruptcy is issued within five years after the 
     last day of the combined period of service obligation 
     described in subparagraphs (A) and (B) of paragraph (1).
       ``(B) The Secretary of Defense may release a person, in 
     whole or in part, from the obligation to reimburse the United 
     States under an agreement described in paragraph (1) when, in 
     his discretion, the Secretary determines that equity or the 
     interests of the United States so require.
       ``(C) The Secretary of Defense shall permit an employee 
     assigned under this section who, before commencing a second 
     academic year of such assignment, voluntarily terminates the 
     assignment or the employee's employment with the National 
     Imagery and Mapping Agency, to satisfy his obligation under 
     an agreement described in paragraph (1) by reimbursing the 
     United States according to a schedule of monthly payments 
     which results in completion of reimbursement by a date five 
     years after the date of termination of the assignment or 
     employment or earlier at the option of the employee.
       ``(d) Disclosure Required.--(1) When an employee is 
     assigned under this section to an institution, the Secretary 
     shall disclose to the institution to which the employee is 
     assigned that the National Imagery and Mapping Agency employs 
     the employee and that the National Imagery and Mapping Agency 
     funds the employee's education.
       ``(2) Efforts by the Secretary to recruit individuals at 
     educational institutions for participation in the 
     undergraduate training program established by this section 
     shall be made openly and according to the common practices of 
     universities and employers recruiting at such institutions.
       ``(e) Appropriation of Funds Required.--The Secretary may 
     pay, directly or by reimbursement to employees, expenses 
     incident to assignments under subsection (a), in any fiscal 
     year only to the extent that appropriated funds are available 
     for such purpose.
       ``(f) Inapplicability of Certain Laws.--Chapter 41 of title 
     5 and subsections (a) and (b) of section 3324 of title 31 
     shall not apply with respect to this section.
       ``(g) Regulations.--The Secretary of Defense may prescribe 
     such regulations as may be necessary to implement this 
     section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``462. Undergraduate training program.''.

     SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING EXPENSES.

       (a) Authority To Carry Out Pilot Program.--(1) The 
     Secretary of Defense may establish a pilot program to 
     facilitate the reemployment of eligible employees of the 
     Department of Defense who are involuntarily separated due to 
     a reduction in force, relocation as a result of a transfer of 
     function, realignment, or change of duty station. Under the 
     pilot program, the Secretary may pay retraining incentives to 
     encourage non-Federal employers to hire and retain such 
     eligible employees.
       (2) Under the pilot program, the Secretary may enter into 
     an agreement with a non-Federal employer under which the 
     employer agrees--
       (A) to employ an eligible employee for at least 12 months 
     at a salary that is mutually agreeable to the employer and 
     the eligible employee; and
       (B) to certify to the Secretary the amount of costs 
     incurred by the employer for any necessary training (as 
     defined by the Secretary) provided to such eligible employee 
     in connection with the employment.
       (3) The Secretary may pay a retraining incentive to the 
     non-Federal employer upon the employee's completion of 12 
     months of continuous employment with that employer. The 
     Secretary shall determine the amount of the incentive, except 
     that in no event may such amount exceed the amount certified 
     with respect to such eligible employee under paragraph 
     (2)(A), or $10,000, whichever is greater.
       (4) In a case in which an eligible employee does not remain 
     employed by the non-Federal employer for at least 12 months, 
     the Secretary may pay to the employer a prorated amount of 
     what would have been the full retraining incentive if the 
     eligible employee had remained employed for such 12-month 
     period.
       (b) Eligible Employees.--For purposes of this section, an 
     eligible employee is an employee of the Department of 
     Defense, serving under an appointment without time 
     limitation, who has been employed by the Department for a 
     continuous period of at least 12 months and who has been 
     given notice of separation pursuant to a reduction in force, 
     relocation as a result of a transfer of function, 
     realignment, or change of duty station, except that such term 
     does not include--
       (1) a reemployed annuitant under the retirement systems 
     described in subchapter III of chapter 83 of title 5, United 
     States Code, or chapter 84 of such title, or another 
     retirement system for employees of the Federal Government;
       (2) an employee who, upon separation from Federal service, 
     is eligible for an immediate annuity under subchapter III of 
     chapter 83 of such title, or subchapter II of chapter 84 of 
     such title; or
       (3) an employee who is eligible for disability retirement 
     under any of the retirement systems referred to in paragraph 
     (1).
       (c) Duration.--No incentive may be paid under the pilot 
     program for training commenced after September 30, 2005.
       (d) Definitions.--In this section:
       (1) The term ``non-Federal employer'' means an employer 
     that is not an Executive agency, as defined in section 105 of 
     title 5, United States Code, or an entity in the legislative 
     or judicial branch of the Federal Government.
       (2) The term ``reduction in force'' has the meaning of that 
     term as used in chapter 35 of such title 5.
       (3) The term ``realignment'' has the meaning given that 
     term in section 2910 of the Defense Base Closure and 
     Realignment Act of 1990 (title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note).

     SEC. 1103. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL 
                   CREDENTIALS.

       (a) In General.--Chapter 57 of title 5, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 5757. Payment of expenses to obtain professional 
       credentials

       ``(a) An agency may use appropriated funds or funds 
     otherwise available to the agency to pay for--
       ``(1) expenses for employees to obtain professional 
     credentials, including expenses for professional 
     accreditation, State-imposed and professional licenses, and 
     professional certification; and
       ``(2) examinations to obtain such credentials.
       ``(b) The authority under subsection (a) may not be 
     exercised on behalf of any employee occupying or seeking to 
     qualify for appointment to any position that is excepted from 
     the competitive service because of the confidential, policy-
     determining, policy-making, or policy-advocating character of 
     the position.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``5757. Payment of expenses to obtain professional credentials.''.

     SEC. 1104. RETIREMENT PORTABILITY ELECTIONS FOR CERTAIN 
                   DEPARTMENT OF DEFENSE AND COAST GUARD 
                   EMPLOYEES.

       (a) Civil Service Retirement System.--Section 8347(q) of 
     title 5, United States Code, is amended--
       (1) in paragraph (1)(B), by striking ``has 5 or more years 
     of civilian service creditable under'' and inserting ``is 
     employed subject to''; and
       (2) in paragraph (2)(B)--
       (A) by striking ``vested''; and
       (B) by striking ``, as the term `vested participant' is 
     defined by such system''.
       (b) Federal Employees' Retirement System.--Section 8461(n) 
     of such title is amended--
       (1) in paragraph (1)(B), by striking ``has 5 or more years 
     of civilian service creditable under'' and inserting ``is 
     employed subject to''; and
       (2) in paragraph (2)(B)--
       (A) by striking ``vested''; and
       (B) by striking ``, as the term `vested participant' is 
     defined by such system''.

     SEC. 1105. REMOVAL OF REQUIREMENT THAT GRANTING CIVIL SERVICE 
                   COMPENSATORY TIME BE BASED ON AMOUNT OF 
                   IRREGULAR OR OCCASIONAL OVERTIME WORK.

       Section 5543 of title 5, United States Code, is amended by 
     striking ``irregular or occasional'' in each place such words 
     appear.

     SEC. 1106. APPLICABILITY OF CERTAIN LAWS TO CERTAIN 
                   INDIVIDUALS ASSIGNED TO WORK IN THE FEDERAL 
                   GOVERNMENT.

       Section 3374(c)(2) of title 5, United States Code, is 
     amended by inserting ``the Ethics in Government Act of 1978, 
     section 1043 of the Internal Revenue Code of 1986, section 27 
     of the Office of Federal Procurement Policy Act,'' after 
     ``chapter 73 of this title,''.

     SEC. 1107. LIMITATION ON PREMIUM PAY.

       Section 5547 of title 5, United States Code, is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following new subsections:
       ``(a) An employee may be paid premium pay under sections 
     5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) of 
     this title only to the extent that the aggregate of such 
     employee's basic pay and premium pay under those provisions 
     would, in any calendar year, exceed the maximum rate payable 
     for GS-15 in effect at the end of such calendar year.
       ``(b) Subsection (a) shall not apply to any employee of the 
     Federal Aviation Administration or the Department of Defense 
     who is paid premium pay under section 5546a of this title.''; 
     and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``Subsections (a) and 
     (b)'' and inserting ``Subsection (a)''; and

[[Page 17420]]

       (B) in paragraph (2), by striking ``pay period'' and 
     inserting ``calendar year''.

     SEC. 1108. USE OF COMMON OCCUPATIONAL AND HEALTH STANDARDS AS 
                   A BASIS FOR DIFFERENTIAL PAYMENTS MADE AS A 
                   CONSEQUENCE OF EXPOSURE TO ASBESTOS.

       (a) Prevailing Rate Systems.--Section 5343(c)(4) of title 
     5, United States Code, is amended by inserting before the 
     semicolon the following: ``(and for any hardship or hazard 
     related to asbestos, such differentials shall be determined 
     by applying occupational safety and health standards 
     consistent with the permissible exposure limit promulgated by 
     the Secretary of Labor under the Occupational Safety and 
     Health Act of 1970)''.
       (b) General Schedule Pay Rates.--The first sentence of 
     section 5545(d) of such title is amended by inserting before 
     the period the following: ``(and for any hardship or hazard 
     related to asbestos, such differentials shall be determined 
     by applying occupational safety and health standards 
     consistent with the permissible exposure limit promulgated by 
     the Secretary of Labor under the Occupational Safety and 
     Health Act of 1970)''.
       (c) Applicability.--Any administrative or judicial 
     determination made after the date of enactment of this Act 
     concerning differential back payments related to asbestos 
     under section 5343(c)(4) or 5545(d) of such title shall be 
     based on the occupational safety and health standards 
     described in such section, respectively.

     SEC. 1109. AUTHORITY FOR DESIGNATED CIVILIAN EMPLOYEES ABROAD 
                   TO ACT AS A NOTARY.

       (a) In General.--Paragraph (4) of section 1044a(b) of title 
     10, United States Code, is amended--
       (1) by inserting ``and, when outside the United States, all 
     civilian employees of the Department of Defense,'' after 
     ``duty status,''; and
       (2) by inserting ``or the Department of Defense'' before 
     ``or by statute''.
       (b) Clarification of Status of Civilian Attorneys Acting as 
     a Notary.--Paragraph (2) of such section is amended by 
     striking ``legal assistance officers'' and inserting ``legal 
     assistance attorneys''.

     SEC. 1110. ``MONRONEY AMENDMENT'' RESTORED TO ITS PRIOR FORM.

       Paragraph (2) of section 5343(d) of title 5, United States 
     Code, is amended to read as such paragraph last read before 
     the enactment of section 1242 of the Department of Defense 
     Authorization Act, 1986 (Public Law 99-145; 99 Stat. 735).

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

     SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR TEST 
                   MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS.

       Section 2565 of title 10, United States Code, as 
     redesignated by section 1047(a)(25), is amended--
       (1) in subsection (a)--
       (A) by striking ``Convey or'' in the subsection heading and 
     inserting ``Transfer Title to or Otherwise'';
       (B) in paragraph (1)--
       (i) by striking ``convey'' and inserting ``transfer 
     title''; and
       (ii) by striking ``and'' after ``equipment;'';
       (C) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (D) by adding at the end the following new paragraph:
       ``(3) inspect, test, maintain, repair, or replace any such 
     equipment.''; and
       (2) in subsection (b)--
       (A) by striking ``conveyed or otherwise provided'' and 
     inserting ``provided to a foreign government'';
       (B) by inserting ``and'' at the end of paragraph (1);
       (C) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (D) by striking paragraph (3).

     SEC. 1202. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY 
                   FORCES.

       Section 5 of the Multinational Force and Observers 
     Participation Resolution (22 U.S.C. 3424) is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The United States may use contractors to provide 
     logistical support to the Multinational Force and Observers 
     under this section in lieu of providing such support through 
     a logistical support unit comprised of members of the United 
     States Armed Forces.
       ``(2) Notwithstanding subsections (a) and (b) and section 
     7(b), support by a contractor under this subsection may be 
     provided without reimbursement, whenever the President 
     determines that such action enhances or supports the national 
     security interests of the United States.''.

     SEC. 1203. REPORT ON THE SALE AND TRANSFER OF MILITARY 
                   HARDWARE, EXPERTISE, AND TECHNOLOGY FROM STATES 
                   OF THE FORMER SOVIET UNION TO THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       Section 1202 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 
     113 note) is amended by adding at the end the following new 
     subsection:
       ``(d) Report on Sales and Transfers From States of the 
     Former Soviet Union to China.--(1) The report to be submitted 
     under this section not later than March 1, 2002, shall 
     include in a separate section a report describing the sales 
     and transfer of military hardware, expertise, and technology 
     from states of the former Soviet Union to the People's 
     Republic of China. The report shall set forth the history of 
     such sales and transfers since 1990, forecast possible future 
     sales and transfers, and address the implications of those 
     sales and transfers for the security of the United States and 
     its friends and allies in Asia.
       ``(2) The report shall include analysis and forecasts of 
     the following matters related to military cooperation between 
     states of the former Soviet Union and the People's Republic 
     of China:
       ``(A) The policy of each of those states with respect to 
     arms sales to, and military cooperation with, the People's 
     Republic of China.
       ``(B) Any laws or regulations of those states that could 
     prohibit or limit such sales or cooperation.
       ``(C) The extent in each of those states of government 
     knowledge, cooperation, or condoning of sales or transfers of 
     military hardware, expertise, or technology to the People's 
     Republic of China.
       ``(D) An itemization of sales or transfers of military 
     hardware, expertise, or technology from any of those states 
     to the People's Republic of China that have taken place since 
     1990, with a particular focus on command, control, 
     communications, and intelligence systems.
       ``(E) A description of any sale or transfer of military 
     hardware, expertise, or technology from any of those states 
     to the People's Republic of China that is currently under 
     negotiation or contemplation through the end of 2005.
       ``(F) Identification of Chinese defense industries in which 
     technicians from states of the former Soviet Union are 
     working and of defense industries of those states in which 
     Chinese technicians are working and a description in each 
     case of the extent and the nature of the work performed by 
     such technicians.
       ``(G) The extent of assistance by any of those states to 
     key research and development programs of China, including 
     programs for development of weapons of mass destruction and 
     delivery vehicles for such weapons, programs for development 
     of advanced conventional weapons, and programs for 
     development of unconventional weapons.
       ``(H) The extent of assistance by any of those states to 
     information warfare or electronic warfare programs of China.
       ``(I) The extent of assistance by any of those states to 
     manned and unmanned space operations of China.
       ``(J) The extent to which arms sales by any of those states 
     to the People's Republic of China are a source of funds for 
     military research and development or procurement programs in 
     the selling state.
       ``(3) The report under paragraph (1) shall include, with 
     respect to each area of analysis and forecasts specified in 
     paragraph (2)--
       ``(A) an assessment of the military effects of such sales 
     or transfers to entities in the People's Republic of China;
       ``(B) an assessment of the ability of the People's 
     Liberation Army to assimilate such sales or transfers, mass 
     produce new equipment, or develop doctrine for use; and
       ``(C) the potential threat of developments related to such 
     effects on the security interests of the United States and 
     its friends and allies in Asia.''.

     SEC. 1204. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE 
                   CENTER.

       (a) Limitation.--Funds made available to the Department of 
     Defense for fiscal year 2002 may not be obligated or expended 
     for any activity associated with the Joint Data Exchange 
     Center in Moscow, Russia, until--
       (1) the United States and the Russian Federation enter into 
     a cost-sharing agreement as described in subsection (d) of 
     section 1231 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001, as enacted into law 
     by Public Law 106-398 (114 Stat. 1654A-329);
       (2) the United States and the Russian Federation enter into 
     an agreement or agreements exempting the United States and 
     any United States person from Russian taxes, and from 
     liability under Russian laws, with respect to activities 
     associated with the Joint Data Exchange Center;
       (3) the Secretary of Defense submits to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a copy of each 
     agreement referred to in paragraphs (1) and (2); and
       (4) a period of 30 days has expired after the date of the 
     final submission under paragraph (3).
       (b) Joint Data Exchange Center.--For purposes of this 
     section, the term ``Joint Data Exchange Center'' means the 
     United States-Russian Federation joint center for the 
     exchange of data to provide early warning of launches of 
     ballistic missiles and for notification of such launches that 
     is provided for in a joint United States-Russian Federation 
     memorandum of agreement signed in Moscow in June 2000.

     SEC. 1205. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE UNDER 
                   WEAPONS OF MASS DESTRUCTION ACT FOR SUPPORT OF 
                   UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND 
                   MONITOR IRAQI WEAPONS ACTIVITIES.

       (a) Limitation on Amount of Assistance in Fiscal Year 
     2002.--The total amount of the assistance for fiscal year 
     2002 that is provided by the Secretary of Defense under 
     section 1505 of the Weapons of Mass Destruction Control Act 
     of 1992 (22 U.S.C. 5859a) as activities of the Department of 
     Defense in support of activities under that Act may not 
     exceed $15,000,000. Such assistance may be provided for 
     fiscal year 2002 only to support activities of an 
     organization established for the purpose of (or otherwise 
     given

[[Page 17421]]

     the mission of providing) a comprehensive accounting for all 
     items, facilities, and capabilities in Iraq related to 
     weapons of mass destruction.
       (b) Extension of Authority To Provide Assistance.--
     Subsection (f) of section 1505 of the Weapons of Mass 
     Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended 
     by striking ``2001'' and inserting ``2002''.
       (c) Change of Quarterly Report Requirement to Annual 
     Report.--(1) Subsection (e)(1) of such section is amended--
       (A) by striking ``quarter of a'' in the first sentence; and
       (B) by striking ``(for the preceding quarter and 
     cumulatively)'' and inserting ``for the preceding fiscal 
     year''.
       (2) The amendments made by subsection (a) shall take effect 
     on November 1, 2001, or the date of the enactment of this 
     Act, whichever is later.

     SEC. 1206. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS ON 
                   MILITARY DEPLOYMENTS TO HAITI.

       Section 1232(b) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 788) is 
     repealed.

     SEC. 1207. REPORT BY COMPTROLLER GENERAL ON PROVISION OF 
                   DEFENSE ARTICLES, SERVICES, AND MILITARY 
                   EDUCATION AND TRAINING TO FOREIGN COUNTRIES AND 
                   INTERNATIONAL ORGANIZATIONS.

       (a) Study.--The Comptroller General shall conduct a study 
     of the following:
       (1) The benefits derived by each foreign country or 
     international organization from the receipt of defense 
     articles, defense services, or military education and 
     training provided after December 31, 1989, pursuant to the 
     drawdown of such articles, services, or education and 
     training from the stocks of the Department of Defense under 
     section 506, 516, or 552 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2318, 2321j, or 2348a) or any other provision 
     of law.
       (2) Any benefits derived by the United States from the 
     provision of defense articles, defense services, and military 
     education and training described in paragraph (1).
       (3) The affect on the readiness of the Armed Forces as a 
     result of the provision by the United States of defense 
     articles, defense services, and military education and 
     training described in paragraph (1).
       (4) The cost to the Department of Defense with respect to 
     the provision of defense articles, defense services, and 
     military education and training described in paragraph (1).
       (b) Reports.--(1) Not later than April 15, 2002, the 
     Comptroller General shall submit to Congress an interim 
     report containing the results to that date of the study 
     conducted under subsection (a).
       (2) Not later than August 1, 2002, the Comptroller General 
     shall submit to Congress a final report containing the 
     results of the study conducted under subsection (a).

     SEC. 1208. LIMITATION ON NUMBER OF MILITARY PERSONNEL IN 
                   COLOMBIA.

       (a) Limitation.--None of the funds available to the 
     Department of Defense may be used to support or maintain more 
     than 500 members of the Armed Forces on duty in the Republic 
     of Colombia at any time.
       (b) Exceptions.--There shall be excluded from counting for 
     the purposes of the limitation in subsection (a) the 
     following:
       (1) A member of the Armed Forces in the Republic of 
     Colombia for the purpose of rescuing or retrieving United 
     States military or civilian Government personnel, except that 
     the period for which such a member may be so excluded may not 
     exceed 30 days unless expressly authorized by law.
       (2) A member of the Armed Forces assigned to the United 
     States Embassy in Colombia as an attache, as a member of the 
     security assistance office, or as a member of the Marine 
     Corps security contingent.
       (3) A member of the Armed Forces in Colombia to participate 
     in relief efforts in responding to a natural disaster.
       (4) Nonoperational transient military personnel.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

     SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
                   PROGRAMS AND FUNDS.

       (a) Specification of CTR Programs.--For purposes of section 
     301 and other provisions of this Act, Cooperative Threat 
     Reduction programs are the programs specified in section 
     1501(b) of the National Defense Authorization Act for Fiscal 
     Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
     note).
       (b) Fiscal Year 2002 Cooperative Threat Reduction Funds 
     Defined.--As used in this title, the term ``fiscal year 2002 
     Cooperative Threat Reduction funds'' means the funds 
     appropriated pursuant to the authorization of appropriations 
     in section 301 for Cooperative Threat Reduction programs.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     the authorization of appropriations in section 301 for 
     Cooperative Threat Reduction programs shall be available for 
     obligation for three fiscal years.

     SEC. 1302. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the $403,000,000 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2002 in section 301(23) for Cooperative 
     Threat Reduction programs, not more than the following 
     amounts may be obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia, 
     $133,400,000.
       (2) For strategic nuclear arms elimination in Ukraine, 
     $51,500,000.
       (3) For nuclear weapons transportation security in Russia, 
     $9,500,000.
       (4) For nuclear weapons storage security in Russia, 
     $56,000,000.
       (5) For biological weapons proliferation prevention 
     activities in the former Soviet Union, $17,000,000.
       (6) For activities designated as Other Assessments/
     Administrative Support, $13,200,000.
       (7) For defense and military contacts, $18,700,000.
       (8) For activities related to the construction of a 
     chemical weapons destruction facility in Russia, $35,000,000.
       (9) For elimination of chemical weapons production 
     facilities in Russia, $15,000,000.
       (10) For weapons of mass destruction infrastructure 
     elimination activities in Kazakhstan, $6,000,000.
       (11) For weapons of mass destruction infrastructure 
     elimination activities in Ukraine, $6,000,000.
       (12) For activities to assist Russia in the elimination of 
     plutonium production reactors, $41,700,000.
       (b) Report on Obligation or Expenditure of Funds for Other 
     Purposes.--No fiscal year 2002 Cooperative Threat Reduction 
     funds may be obligated or expended for a purpose other than a 
     purpose listed in paragraphs (1) through (12) of subsection 
     (a) until 30 days after the date that the Secretary of 
     Defense submits to Congress a report on the purpose for which 
     the funds will be obligated or expended and the amount of 
     funds to be obligated or expended. Nothing in the preceding 
     sentence shall be construed as authorizing the obligation or 
     expenditure of fiscal year 2002 Cooperative Threat Reduction 
     funds for a purpose for which the obligation or expenditure 
     of such funds is specifically prohibited under this title or 
     any other provision of law.
       (c) Limited Authority To Vary Individual Amounts.--(1) 
     Subject to paragraphs (2) and (3), in any case in which the 
     Secretary of Defense determines that it is necessary to do so 
     in the national interest, the Secretary may obligate amounts 
     appropriated for fiscal year 2002 for a purpose listed in any 
     of the paragraphs in subsection (a) in excess of the amount 
     specifically authorized for such purpose.
       (2) An obligation of funds for a purpose stated in any of 
     the paragraphs in subsection (a) in excess of the specific 
     amount authorized for such purpose may be made using the 
     authority provided in paragraph (1) only after--
       (A) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (B) 15 days have elapsed following the date of the 
     notification.
       (3) The Secretary may not, under the authority provided in 
     paragraph (1), obligate amounts for the purposes stated in 
     subsection (a)(3) or any of paragraphs (5) through (12) of 
     subsection (a) in excess of 115 percent of the amount 
     specifically authorized for such purposes.

     SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION 
                   OF REPORTS.

       No fiscal year 2002 Cooperative Threat Reduction funds may 
     be obligated or expended until 30 days after the date of the 
     submission of--
       (1) the report required to be submitted in fiscal year 2001 
     under section 1308(a) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted in Public 
     Law 106-398; 114 Stat. 1654A-341); and
       (2) the multiyear plan required to be submitted for fiscal 
     year 2001 under section 1308(h) of such Act.

     SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES 
                   CARRIED OUT UNDER COOPERATIVE THREAT REDUCTION 
                   PROGRAMS.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report describing how the Secretary plans to monitor the use 
     of revenue generated by activities carried out under 
     Cooperative Threat Reduction programs in Russia and Ukraine.

     SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING 
                   OF FISSILE MATERIAL STORAGE FACILITY.

       (a) Prohibition.--No funds authorized to be appropriated 
     for Cooperative Threat Reduction programs for any fiscal year 
     may be used for the design, planning, or construction of a 
     second wing for a storage facility for Russian fissile 
     material.
       (b) Conforming Amendment.--Section 1304 of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted in Public Law 106-398; 114 Stat. 1654A-341) 
     is amended to read as follows:

     ``SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL 
                   STORAGE FACILITY.

       Out of funds authorized to be appropriated for Cooperative 
     Threat Reduction programs for fiscal year 2001 or any other 
     fiscal year, not more than $412,600,000 may be used for 
     planning, design, or construction of the first wing for the 
     storage facility for Russian fissile material referred to in 
     section 1302(a)(5).''.

     SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CONSTRUCTION 
                   OR REFURBISHMENT OF CERTAIN FOSSIL FUEL ENERGY 
                   PLANTS.

       Section 1307 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted in Public 
     Law 106-398; 114 Stat. 1654A-341) is amended--
       (1) by striking the heading and inserting the following new 
     heading:

[[Page 17422]]



     ``SEC. 1307. PROHIBITION AGAINST USE OF FUNDS FOR 
                   CONSTRUCTION OR REFURBISHMENT OF FOSSIL FUEL 
                   ENERGY PLANTS; REPORT.''; AND

       (2) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) Prohibition.--No funds appropriated for Cooperative 
     Threat Reduction programs for any fiscal year may be used for 
     the construction or refurbishment of a fossil fuel energy 
     plant intended to provide power to local communities that 
     receive power from nuclear energy plants that produce 
     plutonium.''.

     SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER 
                   COOPERATIVE THREAT REDUCTION PROGRAMS.

       Section 1308(c)(4) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted in Public 
     Law 106-398; 114 Stat. 1654A-342) is amended--
       (1) in the matter preceding subparagraph (A)--
       (A) by striking ``audits'' and all that follows through 
     ``conducted'' and inserting ``means (including program 
     management, audits, examinations, and other means) used''; 
     and
       (B) by striking ``and that such assistance is being used 
     for its intended purpose'' and inserting ``, that such 
     assistance is being used for its intended purpose, and that 
     such assistance is being used efficiently and effectively'';
       (2) in subparagraph (C), by inserting ``and an assessment 
     of whether the assistance being provided is being used 
     effectively and efficiently'' before the semicolon; and
       (3) in subparagraph (D), by striking ``audits, 
     examinations, and other''.

     SEC. 1308. REPORT ON RESPONSIBILITY FOR CARRYING OUT 
                   COOPERATIVE THREAT REDUCTION PROGRAMS.

       Not later than March 15, 2002, the Secretary of Defense 
     shall submit to Congress a report describing--
       (1) the rationale for executing Cooperative Threat 
     Reduction programs under the auspices of the Department of 
     Defense and the justification for maintaining responsibility 
     for any particular project carried out through Cooperative 
     Threat Reduction programs with the Department of Defense;
       (2) options for transferring responsibility for carrying 
     out Cooperative Threat Reduction programs to an executive 
     agency (or agencies) other than the Department of Defense, if 
     appropriate; and
       (3) how such a transfer might be carried out.

     SEC. 1309. CHEMICAL WEAPONS DESTRUCTION.

       Section 1305 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794) is 
     amended by inserting before the period at the end the 
     following: ``until the Secretary of Defense submits to 
     Congress a certification that there has been--
       ``(1) full and accurate disclosure by Russia of the size of 
     its existing chemical weapons stockpile;
       ``(2) a demonstrated annual commitment by Russia to 
     allocate at least $25,000,000 to chemical weapons 
     elimination;
       ``(3) development by Russia of a practical plan for 
     destroying its stockpile of nerve agents;
       ``(4) enactment of a law by Russia that provides for the 
     elimination of all nerve agents at a single site; and
       ``(5) an agreement by Russia to destroy its chemical 
     weapons production facilities at Volgograd and 
     Novocheboksark''.

                TITLE XIV--DEFENSE SPACE REORGANIZATION

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Defense Space 
     Reorganization Act of 2001''.

     SEC. 1402. AUTHORITY TO ESTABLISH POSITION OF UNDER SECRETARY 
                   OF DEFENSE FOR SPACE, INTELLIGENCE, AND 
                   INFORMATION.

       (a) Authority To Establish Position.--The President may 
     establish in the Department of Defense the position of Under 
     Secretary of Defense for Space, Intelligence, and 
     Information. If that position is so established, the Under 
     Secretary of Defense for Space, Intelligence, and Information 
     shall perform duties and exercise powers as set forth in 
     section 137 of title 10, United States Code, as added by 
     subsection (e).
       (b) Deadline for Exercise of Authority.--The authority 
     provided in subsection (a) may not be exercised after 
     December 31, 2003.
       (c) Notice of Exercise of Authority.--(1) If the authority 
     provided in subsection (a) is exercised, the President shall 
     immediately submit to Congress notification in writing of the 
     establishment of the position of Under Secretary of Defense 
     for Space, Intelligence, and Information, together with the 
     date as of which the position is established. If the 
     President declines to exercise the authority provided in 
     subsection (a), the President shall, before the date 
     specified in subsection (b), submit to Congress a report on 
     how the President has implemented the recommendations of the 
     report of the Space Commission with respect to the Department 
     of Defense.
       (2) For purposes of paragraph (1), the term ``report of the 
     Space Commission'' means the report of the Commission To 
     Assess United States National Security Space Management and 
     Organization, dated January 11, 2001, and submitted to 
     Congress under section 1623 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 815).
       (d) Contingent Enactment of U.S. Code Amendments.--If the 
     position of Under Secretary of Defense for Space, 
     Intelligence, and Information is established under the 
     authority provided in subsection (a), then the amendments set 
     forth in subsections (e) and (f) shall be executed, effective 
     as of the date specified in the notice submitted under the 
     first sentence of subsection (c)(1). Otherwise, those 
     amendments shall not be executed.
       (e) Appointment, Duties, Etc., of Under Secretary.--(1) 
     Subject to subsection (d), chapter 4 of title 10, United 
     States Code, is amended--
       (A) by redesignating section 137 as section 139a and 
     transferring such section (as so redesignated) within such 
     chapter so as to appear after section 139; and
       (B) by inserting after section 136 the following new 
     section 137:

     ``137. Under Secretary of Defense for Space, Intelligence, 
       and Information

       ``(a) There is an Under Secretary of Defense for Space, 
     Intelligence, and Information, appointed from civilian life 
     by the President, by and with the advice and consent of the 
     Senate.
       ``(b) Subject to the authority, direction, and control of 
     the Secretary of Defense, the Under Secretary of Defense for 
     Space, Intelligence, and Information shall perform such 
     duties and exercise such powers relating to the space, 
     intelligence, and information programs and activities of the 
     Department of Defense as the Secretary of Defense may 
     prescribe.
       ``(c) The Secretary of Defense shall designate the Under 
     Secretary of Defense for Space, Intelligence, and Information 
     as the Chief Information Officer of the Department of Defense 
     under section 3506(a)(2)(B) of title 44.
       ``(d) The Under Secretary of Defense for Space, 
     Intelligence, and Information takes precedence in the 
     Department of Defense after the Under Secretary of Defense 
     for Personnel and Readiness.''.
       (2) Subject to subsection (d), section 131(b) of that title 
     is amended--
       (A) by redesignating paragraphs (6) through (11) as 
     paragraphs (7) through (12), respectively; and
       (B) by inserting after paragraph (5) the following new 
     paragraph (6):
       ``(6) The Under Secretary of Defense for Space, 
     Intelligence, and Information.''.
       (3) Subject to subsection (d), the table of sections at the 
     beginning of chapter 4 of such title is amended--
       (A) by striking the item relating to section 137 and 
     inserting the following new item:

``137. Under Secretary of Defense for Space, Intelligence, and 
              Information.'';

     and
       (B) by inserting after the item relating to section 139 the 
     following new item:

``139a. Director of Defense Research and Engineering.''.

       (f) Assistant Secretaries of Defense.--Subject to 
     subsection (d), section 138 of such title is amended--
       (1) in subsection (a), by striking ``nine'' and inserting 
     ``eleven''; and
       (2) in subsection (b), by inserting after paragraph (2) the 
     following new paragraph:
       ``(3) Not more than three of the Assistant Secretaries may 
     be assigned duties under the authority of the Under Secretary 
     of Defense for Space, Intelligence, and Information and shall 
     report to that Under Secretary.''.
       (g) Report.--Not later than 30 days before exercising the 
     authority provided in subsection (a), the President shall 
     submit to Congress a report on the proposed organization of 
     the office of the Under Secretary of Defense for Space, 
     Intelligence, and Information. If such a report has not been 
     submitted as of April 15, 2002, the President shall submit to 
     Congress a report, not later than that date, setting forth 
     the President's view as of that date of the desirability of 
     establishing the position of Under Secretary of Defense for 
     Space, Intelligence, and Information in the Department of 
     Defense.

     SEC. 1403. AUTHORITY TO DESIGNATE UNDER SECRETARY OF THE AIR 
                   FORCE AS ACQUISITION EXECUTIVE FOR SPACE OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Executive Agent.--Part IV of subtitle A of title 10, 
     United States Code, is amended by inserting after chapter 134 
     the following new chapter:

                     ``CHAPTER 135--SPACE PROGRAMS

``Sec.
``2271. Executive agent.

     ``Sec. 2271. Executive agent

       ``(a) Secretary of the Air Force.--The Secretary of the Air 
     Force may be designated as the executive agent of the 
     Department of Defense--
       ``(1) for the planning of the acquisition programs, 
     projects, and activities of the Department that relate to 
     space; and
       ``(2) for the execution of those programs, projects, and 
     activities.
       ``(b) Acquisition Executive.--The Secretary may designate 
     the Under Secretary of the Air Force as the acquisition 
     executive of the Air Force for the programs, projects, and 
     activities referred to in subsection (a).''.
       (b) Clerical Amendment.--The tables of chapters at the 
     beginning of such subtitle and the beginning of part IV of 
     such subtitle are amended by inserting after the item 
     relating to chapter 134 the following new item:

``135. Space Programs.......................................2271''.....

     SEC. 1404. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS.

       (a) Requirement.--The Secretary of Defense may create a 
     major force program category for space programs for purposes 
     of the future-years defense program under section 221 of 
     title 10, United States Code.

[[Page 17423]]

       (b) Commencement.--If the category under subsection (a) is 
     created, such category shall be included in each future-years 
     defense program submitted to Congress under section 221 of 
     title 10, United States Code, in fiscal years after fiscal 
     year 2002.

     SEC. 1405. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION 
                   OF RECOMMENDATIONS OF SPACE COMMISSION.

       (a) Assessment.--(1) The Comptroller General shall carry 
     out an assessment through February 15, 2003, of the actions 
     taken by the Secretary of Defense in implementing the 
     recommendations in the report of the Space Commission that 
     are applicable to the Department of Defense.
       (2) For purposes of paragraph (1), the term ``report of the 
     Space Commission'' means the report of the Commission To 
     Assess United States National Security Space Management and 
     Organization, dated January 11, 2001, and submitted to 
     Congress under section 1623 of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 815).
       (b) Reports.--Not later than February 15 of each of 2002 
     and 2003, the Comptroller General shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the assessment carried out under subsection (a). Each report 
     shall set forth the results of the assessment as of the date 
     of such report.

     SEC. 1406. COMMANDER OF AIR FORCE SPACE COMMAND.

       (a) In General.--Chapter 845 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 8584. Commander of Air Force Space Command

       ``The Secretary of Defense may require that the officer 
     serving as commander of the Air Force Space Command not serve 
     simultaneously as commander of the United States Space 
     Command (or any successor combatant command with 
     responsibility for space) or as commander of the United 
     States element of the North American Air Defense Command.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``8584. Commander of Air Force Space Command.''.

     SEC. 1407. AUTHORITY TO ESTABLISH SEPARATE CAREER FIELD IN 
                   THE AIR FORCE FOR SPACE.

       The Secretary of the Air Force, acting through the Under 
     Secretary of the Air Force, may establish and implement 
     policies and procedures to develop a cadre of technically 
     competent officers with the capability to develop space 
     doctrine, concepts of space operations, and management of 
     space systems for the Air Force.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE; DEFINITION.

       (a) Short Title.--This division may be cited as the 
     ``Military Construction Authorization Act for Fiscal Year 
     2002''.
       (b) Definition of Fiscal Year 2001 Defense Authorization 
     Act.--In this division, the term ``Spence Act'' means the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001, as enacted into law by Public Law 106-398 (114 
     Stat. 1654).

                            TITLE XXI--ARMY

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

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


                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
             State                      location             Amount
------------------------------------------------------------------------
Alabama........................  Anniston Army Depot..        $5,150,000
                                 Fort Rucker..........       $11,400,000
                                 Redstone Arsenal.....        $7,200,000
Alaska.........................  Fort Richardson......       $97,000,000
                                 Fort Wainwright......       $27,200,000
Arizona........................  Fort Huachuca........        $6,100,000
                                 Yuma Proving Ground..        $3,100,000
California.....................  Defense Language             $5,900,000
                                  Institute.
                                 Fort Irwin...........       $23,000,000
Colorado.......................  Fort Carson..........       $66,000,000
District of Columbia...........  Fort McNair..........       $11,600,000
Georgia........................  Fort Benning.........       $23,900,000
                                 Fort Gillem..........       $43,600,000
                                 Fort Gordon..........       $34,000,000
                                 Fort Stewart/Hunter         $39,800,000
                                  Army Air Field......
Hawaii.........................  Navy Public Works           $11,800,000
                                  Center, Pearl Harbor
                                 Pohakuloa Training           $5,100,000
                                  Facility.
                                 Wheeler Army Air            $50,000,000
                                  Field.
Kansas.........................  Fort Riley...........       $10,900,000
Kentucky.......................  Fort Campbell........       $88,900,000
Louisiana......................  Fort Polk............       $21,200,000
Maryland.......................  Aberdeen Proving            $58,300,000
                                  Ground.
                                 Fort Meade...........        $5,800,000
                                 Fort Leonard Wood....       $12,250,000
New Jersey.....................  Fort Monmouth........       $20,000,000
                                 Picatinny Arsenal....       $10,200,000
New Mexico.....................  White Sands Missile          $7,600,000
                                  Range.
New York.......................  Fort Drum............       $59,350,000
North Carolina.................  Fort Bragg...........       $21,300,000
                                 Sunny Point Military        $11,400,000
                                  Ocean Terminal......
Oklahoma.......................  Fort Sill............        $5,100,000
South Carolina.................  Fort Jackson.........        $3,650,000
Texas..........................  Corpus Christi Army         $10,400,000
                                  Depot.
                                 Fort Sam Houston.....        $9,650,000
                                 Fort Bliss...........        $5,000,000
                                 Fort Hood............      $104,200,000
Virginia.......................  Fort Belvoir.........       $35,950,000
                                 Fort Eustis..........       $24,750,000
                                 Fort Lee.............       $23,900,000
Washington.....................  Fort Lewis...........      $238,200,000
                                                       -----------------
                                   Total:.............    $1,300,710,000
------------------------------------------------------------------------


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


                     Army: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Area Support Group,         $36,000,000
                                  Bamberg...............
                                 Area Support Group,         $13,500,000
                                  Darmstadt.............
                                 Baumholder.............      $9,000,000
                                 Hanau..................      $7,200,000
                                 Heidelberg.............     $15,300,000
                                 Mannheim...............     $16,000,000

[[Page 17424]]

 
                                 Wiesbaden Air Base.....     $26,300,000
Korea..........................  Camp Carroll...........     $16,593,000
                                 Camp Casey.............      $8,500,000
                                 Camp Hovey.............     $35,750,000
                                 Camp Humphreys.........     $14,500,000
                                 Camp Jackson...........      $6,100,000
                                 Camp Stanley...........     $28,000,000
Kwajalein......................  Kwajalein Atoll........     $11,000,000
                                                         ---------------
                                   Total:...............    $243,743,000
------------------------------------------------------------------------

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


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

     SEC. 2102. FAMILY HOUSING.

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


                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or Country                Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Fort Wainwright............  32 Units...................   $12,000,000
Arizona.................................  Fort Huachuca..............  72 Units...................   $10,800,000
Georgia.................................  Fort Stewart...............  160 Units..................    $2,500,000
Kansas..................................  Fort Leavenworth...........  40 Units...................   $10,000,000
Texas...................................  Fort Bliss.................  76 Units...................   $13,600,000
Korea...................................  Camp Humphreys.............  54 Units...................   $12,800,000
                                                                                                   -------------
                                                                         Total:...................   $61,700,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(6)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $11,592,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(6)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $220,750,000.

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2001, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Army in the total amount of $3,018,077,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $1,089,416,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $243,743,000.
       (3) For a military construction project at an unspecified 
     worldwide location authorized by section 2101(c), $4,000,000.
       (4) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $18,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $163,676,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $294,576,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $1,102,732,000.
       (7) For the construction of a cadet development center at 
     the United States Military Academy, West Point, New York, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 1999 (division B of Public 
     Law 105-261, 112 Stat. 2182), $37,900,000.
       (8) For the construction of phase 2C of a barracks complex, 
     Tagaytay Street, at Fort Bragg, North Carolina, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2000 (division B of Public Law 106-65; 
     113 Stat. 825), $17,500,000.
       (9) For the construction of phase 1C of a barracks complex, 
     Wilson Street, at Schofield Barracks, Hawaii, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2000 (division B of Public Law 106-65, 
     113 Stat. 825), $23,000,000.
       (10) For construction of phase 2 of a basic combat training 
     complex at Fort Leonard Wood, Missouri, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 
     1654A-389), as amended by section 2105 of this Act, 
     $27,000,000.
       (11) For the construction of phase 2 of a battle simulation 
     center at Fort Drum, New York, authorized by section 2101(a) 
     of the Military Construction Authorization Act for Fiscal 
     Year 2001 (division B of the Spence Act; 114 Stat. 1654A-
     389), as amended by section 2105 of this Act, $9,000,000.
       (12) For the construction of phase 1 of a barracks complex, 
     Butner Road, at Fort Bragg, North Carolina, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2001 (division B of the Spence Act; 114 
     Stat. 1654A-389), $49,000,000.
       (13) For the construction of phase 1 of a barracks complex, 
     Longstreet Road, at Fort Bragg, North Carolina, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2001 (division B of the Spence Act; 114 
     Stat. 1654A-389), $27,000,000.
       (14) For the construction of a multipurpose digital 
     training range at Fort Hood, Texas, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 
     1654A-389), as amended by section 2105 of this Act, 
     $13,000,000.
       (15) For the homeowners assistance program, as authorized 
     by section 2832(a) of title 10, United States Code, 
     $10,119,000, to remain available until expended.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2101 of this Act may not exceed--
       (1) The total amount authorized to be appropriated under 
     paragraphs (1), (2), (3) of subsection (a);
       (2) $52,000,000 (the balance of the amount authorized under 
     section 2201 (a) for construction of a barracks complex, D 
     Street, at Fort Richardson, Alaska);
       (3) $41,000,000 (the balance of the amount authorized under 
     section 2201 (a) for construction of phase 1 of a barracks 
     complex, Nelson Blvd, at Fort Carson, Colorado);
       (4) $36,000,000 (the balance of the amount authorized under 
     section 2201 (a) for construction of phase 1 of a basic 
     combat training complex at Fort Jackson, South Carolina); and
       (5) $102,000,000 (the balance of the amount authorized 
     under section 2201 (a) for construction of a barracks 
     complex, 17th & B Streets, at Fort Lewis, Washington).
       (c) Adjustment.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (15) of 
     subsection (a) is the sum of

[[Page 17425]]

     the amounts authorized to be appropriated in such paragraphs, 
     reduced by--
       (1) $36,168,000, which represents the combination of 
     savings resulting from adjustments to foreign currency 
     exchange rates for military construction outside the United 
     States; and
       (2) $75,417,000, which represents the combination of 
     savings resulting from adjustments to foreign currency 
     exchange rates for military family housing construction and 
     military family housing support outside the United States.

     SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2001 PROJECTS.

       (a) Modification.--The table in section 2101(a) of the 
     Military Construction Authorization Act for Fiscal Year 2001 
     (division B of the Spence Act; 114 Stat. 1654A-389) is 
     amended--
       (1) in the item relating to Fort Leonard Wood, Missouri, by 
     striking ``$65,400,000'' in the amount column and inserting 
     ``$69,400,000'';
       (2) in the item relating to Fort Drum, New York, by 
     striking ``$18,000,000'' in the amount column and inserting 
     ``$21,000,000'';
       (3) in the item relating to Fort Hood, Texas, by striking 
     ``$36,492,000'' in the amount column and inserting 
     ``$39,492,000''; and
       (4) by striking the amount identified as the total in the 
     amount column and inserting ``$623,074,000''.
       (b) Conforming Amendments.--Section 2104 of that Act (114 
     Stat. 1654A-391) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``$1,925,344,000'' and inserting 
     ``$1,935,744,000'';
       (2) in subsection (b)(2), by striking ``$22,600,000'' and 
     inserting ``$27,000,000'';
       (3) in subsection (b)(3), by striking ``$10,000,000'' and 
     inserting ``$13,000,000''; and
       (4) in subsection (b)(6), by striking ``$6,000,000'' and 
     inserting ``$9,000,000''.

                            TITLE XXII--NAVY

     SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(a)(1), the Secretary of the Navy may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:


                     Navy: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                      location              Amount
------------------------------------------------------------------------
Arizona........................  Marine Corps Air            $22,570,000
                                  Station, Yuma........
California.....................  Marine Air-Ground Task      $75,125,000
                                  Force Training
                                  Center, Twentynine
                                  Palms................
                                 Marine Corps Air             $4,470,000
                                  Station, Camp
                                  Pendleton............
                                 Marine Corps Air             $3,680,000
                                  Station, Miramar.....
                                 Marine Corps Base,          $96,490,000
                                  Camp Pendleton.......
                                 Naval Air Facility, El      $23,520,000
                                  Centro...............
                                 Naval Air Station,          $10,010,000
                                  Lemoore..............
                                 Naval Air Warfare           $30,200,000
                                  Center, China Lake...
                                 Naval Air Warfare           $13,730,000
                                  Center, Point Mugu,
                                  San Nicholas Island..
                                 Naval Amphibious Base,       $8,610,000
                                  Coronado.............
                                 Naval Construction          $12,400,000
                                  Battalion Center,
                                  Port Hueneme.........
                                 Naval Construction           $3,780,000
                                  Training Center, Port
                                  Hueneme..............
                                 Naval Station, San          $47,240,000
                                  Diego.
District of Columbia...........  Naval Air Facility,          $9,810,000
                                  Washington...........
Florida........................  Naval Air Station, Key      $11,400,000
                                  West.
                                 Naval Air Station,           $2,140,000
                                  Whiting Field, Milton
                                 Naval Station, Mayport      $16,420,000
                                 Naval Station,               $3,700,000
                                  Pensacola.
Hawaii.........................  Marine Corps Base,          $24,920,000
                                  Kaneohe..............
                                 Naval Magazine               $6,000,000
                                  Lualualei.
                                 Naval Shipyard, Pearl       $20,000,000
                                  Harbor.
                                 Naval Station, Pearl        $40,600,000
                                  Harbor.
                                 Navy Public Works           $16,900,000
                                  Center, Pearl Harbor.
Illinois.......................  Naval Training Center,      $82,260,000
                                  Great Lakes..........
Indiana........................  Naval Surface Warfare       $14,930,000
                                  Center, Crane........
Maine..........................  Naval Air Station,          $67,395,000
                                  Brunswick.
Maryland.......................  Naval Air Warfare            $2,260,000
                                  Center, Patuxent
                                  River................
                                 Naval Air Warfare            $5,100,000
                                  Center, St. Inigoes..
                                 Naval Explosive              $1,250,000
                                  Ordinance Disposal
                                  Technology Center,
                                  Indian Head..........
Mississippi....................  Naval Construction          $21,660,000
                                  Battalion Center,
                                  Gulfport.............
                                 Naval Air Station,           $3,400,000
                                  Meridian.
Missouri.......................  Marine Corps Support         $9,010,000
                                  Activity, Kansas City
North Carolina.................  Marine Corps Air             $4,050,000
                                  Station, New River...
                                 Marine Corps Base,          $67,070,000
                                  Camp Lejeune.........
Pennsylvania...................  Naval Foundry and           $14,800,000
                                  Propeller Center,
                                  Philadelphia.........
Rhode Island...................  Naval Station, Newport      $15,290,000
South Carolina.................  Marine Corps Air             $8,020,000
                                  Station, Beaufort....
                                 Marine Corps Recruit         $5,430,000
                                  Depot, Parris Island.
                                 Naval Hospital,              $7,600,000
                                  Beaufort.
Tennessee......................  Naval Support                $3,900,000
                                  Activity, Millington.
Texas..........................  Naval Air Station,           $9,060,000
                                  Joint Reserve Base,
                                  Ft. Worth............
Virginia.......................  Marine Corps Air             $3,790,000
                                  Facility, Quantico...
                                 Marine Corps Combat          $9,390,000
                                  Dev Com..............
                                 Naval Amphibious Base,       $9,090,000
                                  Little Creek.........
                                 Naval Station, Norfolk     $139,270,000
Washington.....................  Naval Air Station,           $3,470,000
                                  Whidbey Island.......
                                 Naval Shipyard,             $14,000,000
                                  Bremerton.
                                 Naval Station, Everett       $6,820,000
                                 Strategic Weapons            $3,900,000
                                  Facility, Bangor.....
                                                        ----------------
                                   Total:..............   $1,038,920,000
------------------------------------------------------------------------


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


                     Navy: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Greece.........................  Naval Support Activity      $12,240,000
                                  Joint Headquarters
                                  Command, Larissa......
                                 Naval Support Activity,      $3,210,000
                                  Souda Bay.............
Guam...........................  Naval Station, Guam....      $9,300,000
                                 Navy Public Works           $14,800,000
                                  Center, Guam.
Iceland........................  Naval Air Station,           $2,820,000
                                  Keflavik.
Italy..........................  Naval Air Station,           $3,060,000
                                  Sigonella.
Spain..........................  Naval Station, Rota....      $2,240,000
                                                         ---------------
                                   Total:...............     $47,670,000
------------------------------------------------------------------------


[[Page 17426]]

     SEC. 2202. FAMILY HOUSING.

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


                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Purpose                Amount
----------------------------------------------------------------------------------------------------------------
Arizona...............................  Marine Corps Air Station,   51 Units..................        $9,017,000
                                         Yuma.....................
California............................  Marine Air-Ground Task      74 Units..................       $16,250,000
                                         Force Training Center,
                                         Twentynine Palms.........
Hawaii................................  Marine Corps Base, Kaneohe  172 Units.................       $46,996,000
                                        Naval Station, Pearl        70 Units..................       $16,827,000
                                         Harbor...................
Mississippi...........................  Naval Construction          160 Units.................       $23,354,000
                                         Battalion Center,
                                         Gulfport.................
Virginia..............................  Marine Corps Combat         81 Units..................       $10,000,000
                                         Development Command,
                                         Quantico.................
Italy.................................  Naval Air Station,          10 Units..................        $2,403,000
                                         Sigonella................
                                                                                               -----------------
                                                                      Total:..................      $124,847,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(a)(5)(A), the Secretary of the Navy may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of military family housing units in an amount not 
     to exceed $6,499,000.

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2204(a)(5)(A), the Secretary of 
     the Navy may improve existing military family housing units 
     in an amount not to exceed $201,834,000.

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2001, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Navy in the total amount of $2,389,605,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $980,018,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $47,670,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $10,546,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $35,392,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $332,352,000.
       (B) For support of military housing (including functions 
     described in section 2833 of title 10, United States Code), 
     $913,823,000.
       (6) For construction of phase 6 of a large anachoic chamber 
     facility at the Patuxent River Naval Air Warfare Center, 
     Maryland, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 1993 (division 
     B of Public Law 102-484; 106 Stat. 2590), $10,770,000.
       (7) For construction of the Commander-in-Chief 
     Headquarters, Pacific Command, Camp H.M. Smith, Hawaii, 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 828), as amended by section 2205, 
     $37,580,000.
       (8) For repair of a pier at Naval Station, San Diego, 
     California, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2001 (division 
     B of the Spence Act; 114 Stat. 1654A-396), $17,500,000.
       (9) For replacement of a pier at Naval Shipyard, Bremerton, 
     Washington, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2001 (division 
     B of the Spence Act; 114 Stat. 1654A-396), $24,460,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a);
       (2) $33,240,000 (the balance of the amount authorized under 
     section 2201(a) for replacement of a pier, increment I, at 
     Naval Station, Norfolk, Virginia; and
       (3) $20,100,000 (the balance of the amount authorized under 
     section 2201(a) for a combined propulsion and explosives lab 
     at Naval Air Warfare Center, China Lake, California).
       (c) Adjustment.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (9) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated in such paragraphs, reduced by--
       (1) $6,854,000, which represents the combination of savings 
     resulting from adjustments to foreign currency exchange rates 
     for military construction outside the United States; and
       (2) $13,652,000, which represents the combination of 
     savings resulting from adjustments to foreign currency 
     exchange rates for military family housing construction and 
     military family housing support outside the United States.

     SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2000 PROJECT.

       (a) Modification.--The table in section 2201(a) of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 828) is amended--
       (1) in the item relating to Camp H.M. Smith, Hawaii, by 
     striking ``$86,050,000'' in the amount column and inserting 
     ``$89,050,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$820,230,000''.
       (b) Conforming Amendments.--Section 2204 of that Act (113 
     Stat. 830) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``$2,108,087,000'' and inserting 
     ``$2,111,087,000''; and
       (2) in subsection (b)(3), by striking ``$70,180,000'' and 
     inserting ``$73,180,000''.

                         TITLE XXIII--AIR FORCE

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

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


                   Air Force: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                       location             Amount
------------------------------------------------------------------------
Alabama........................  Maxwell Air Force Base.     $34,400,000
Alaska.........................  Eareckson Air Force          $4,600,000
                                  Base.
                                 Elmendorf Air Force         $32,200,000
                                  Base.
Arizona........................  Davis-Monthan Air Force     $23,500,000
                                  Base..................
                                 Luke Air Force Base....      $4,500,000
Arkansas.......................  Little Rock Air Force       $10,600,000
                                  Base..................
California.....................  Beale Air Force Base...      $7,900,000
                                 Edwards Air Force Base.     $21,300,000
                                 Los Angeles Air Force       $23,000,000
                                  Base.
                                 Travis Air Force Base..     $10,100,000
                                 Vandenberg Air Force        $11,800,000
                                  Base.
Colorado.......................  Buckley Air Force Base.     $23,200,000
                                 Schriever Air Force         $30,400,000
                                  Base.
                                 United States Air Force     $25,500,000
                                  Academy...............
District of Columbia...........  Bolling Air Force Base.      $2,900,000
Florida........................  Cape Canaveral Air           $7,800,000
                                  Force Station.........
                                 Eglin Air Force Base...     $11,400,000
                                 Hurlburt Field.........     $10,400,000
                                 MacDill Air Force Base.     $10,000,000
                                 Tyndall Air Force Base.     $20,350,000

[[Page 17427]]

 
Georgia........................  Moody Air Force Base...      $4,900,000
                                 Robins Air Force Base..     $14,650,000
Hawaii.........................  Hickman Air Force Base.      $6,300,000
Idaho..........................  Mountain Home Air Force     $14,600,000
                                  Base.
Kansas.........................  McConnell Air Force          $5,100,000
                                  Base.
Maryland.......................  Andrews Air Force Base.     $19,420,000
Massachusetts..................  Hanscom Air Force Base.      $9,400,000
Mississippi....................  Keesler Air Force Base.     $28,600,000
Nevada.........................  Nellis Air Force Base..     $12,600,000
New Jersey.....................  McGuire Air Force Base.     $36,550,000
New Mexico.....................  Cannon Air Force Base..      $9,400,000
                                 Kirtland Air Force Base     $19,800,000
North Carolina.................  Pope Air Force Base....     $17,800,000
North Dakota...................  Grand Forks Air Force        $7,800,000
                                  Base.
Ohio...........................  Wright-Patterson Air         $5,800,000
                                  Force Base............
Oklahoma.......................  Altus Air Force Base...     $20,200,000
                                 Tinker Air Force Base..     $17,700,000
South Carolina.................  Shaw Air Force Base....     $24,400,000
Tennessee......................  Arnold Air Force Base..     $24,400,000
Texas..........................  Lackland Air Force Base     $12,800,000
                                 Laughlin Air Force Base     $15,600,000
                                 Sheppard Air Force Base     $45,200,000
Utah...........................  Hill Air Force Base....     $44,000,000
Virginia.......................  Langley Air Force Base.     $47,300,000
Washington.....................  Fairchild Air Force          $2,800,000
                                  Base.
                                 McChord Air Force Base.     $20,700,000
Wyoming........................  F E Warren Air Force        $10,200,000
                                  Base.
                                                         ---------------
                                   Total:...............    $822,320,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(2), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:


                  Air Force: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Ramstein Air Force Base     $42,900,000
                                 Spangdahlem Air Base...      $8,700,000
Greenland......................  Thule..................     $19,000,000
Guam...........................  Andersen Air Force Base     $10,150,000
Italy..........................  Aviano Air Base........     $11,800,000
Korea..........................  Kunsan Air Base........     $12,000,000
                                 Osan Air Base..........    $101,142,000
Turkey.........................  Eskisehir..............      $4,000,000
United Kingdom.................  Royal Air Force,            $11,300,000
                                  Lakenheath.
                                 Royal Air Force,            $22,400,000
                                  Mildenhall.
Wake Island....................  Wake Island............     $25,000,000
                                                         ---------------
                                   Total:...............    $268,392,000
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using the amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(3), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installation and location and in the amounts, set forth in 
     the following table:


                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
            Location                   Installation           Amount
------------------------------------------------------------------------
Unspecified Worldwide..........  Classified Location....      $4,458,000
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2304(a)(7)(A), the Secretary of the Air Force may 
     construct or acquire family housing units (including land 
     acquisition) at the installations, for the purposes, and in 
     the amounts, set forth in the following table:


                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                     Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................  Luke Air Force Base........  120 Units.................     $15,712,000
California.............................  Travis Air Force Base......  118 Units.................     $18,150,000
Colorado...............................  Buckley Air Force Base.....  55 Units..................     $11,400,000
Delaware...............................  Dover Air Force Base.......  120 Units.................     $18,145,000
District of Columbia...................  Bolling Air Force Base.....  136 Units.................     $16,926,000
Hawaii.................................  Hickam Air Force Base......  102 Units.................     $25,037,000
Louisiana..............................  Barksdale Air Force Base...  56 Units..................      $7,300,000
South Dakota...........................  Ellsworth Air Force Base...  78 Units..................     $13,700,000
Virginia...............................  Langley Air Force Base.....  4 Units...................      $1,200,000
Portugal...............................  Lajes Field, Azores........  64 Units..................     $13,230,000
                                                                                                 ---------------
                                                                        Total:..................    $140,800,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(7)(A), the Secretary of the Air Force may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of military family housing units in an amount not 
     to exceed $24,558,000.

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated

[[Page 17428]]

     pursuant to the authorization of appropriations in section 
     2304(a)(7)(A), the Secretary of the Air Force may improve 
     existing military family housing units in an amount not to 
     exceed $370,879,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2001, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Air Force in the total amount of $2,526,034,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $806,020,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $268,392,000.
       (3) For the military construction projects at unspecified 
     worldwide locations authorized by section 2301(c), 
     $4,458,000.
       (4) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $11,250,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $84,630,000.
       (6) For military housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $536,237,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $866,171,000.
       (7) $12,600,000 for construction of an air freight terminal 
     and base supply complex at McGuire Air Force Base, New 
     Jersey, authorized by section 2301(a) of the Military 
     Construction Authorization Act for Fiscal Year 2001 (division 
     B of the Spence Act; 114 Stat. 1654A-399), as amended by 
     section 2305.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2301 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1), (2), and (3) of subsection (a); and
       (2) $12,000,000 (the balance of the amount authorized under 
     section 2301(a) for a maintenance depot hanger at Hill Air 
     Force Base, Utah).
       (c) Adjustment.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (7) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated in such paragraphs, reduced by--
       (1) $15,846,000, which represents the combination of 
     savings resulting from adjustments to foreign currency 
     exchange rates for military construction outside the United 
     States; and
       (2) $47,878,000, which represents the combination of 
     savings resulting from adjustments to foreign currency 
     exchange rates for military family housing construction and 
     military family housing support outside the United States.

     SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2001 PROJECT.

       (a) Modification.--The table in section 2301(a) of the 
     Military Construction Authorization Act for Fiscal Year 2001 
     (division B of the Spence Act; 114 Stat. 1654A-399) is 
     amended--
       (1) in the item relating to McGuire Air Force Base, New 
     Jersey, by striking ``$29,772,000'' in the amount column and 
     inserting ``$32,972,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$748,955,000''.
       (b) Conforming Amendments.--Section 2304(b)(2) of that Act 
     (114 Stat. 1654A-402) is amended by striking ``$9,400,000'' 
     and inserting ``$12,600,000''.

                      TITLE XXIV--DEFENSE AGENCIES

     SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2403(a)(1), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:


               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Chemical Demilitarization......  Blue Grass Army Depot,      $47,220,000
                                  Kentucky..............
Defense Education Activity.....  Laurel Bay, South           $12,850,000
                                  Carolina..............
                                 Marine Corps Base, Camp      $8,857,000
                                  LeJeune, North
                                  Carolina..............
Defense Logistics Agency.......  Defense Distribution        $30,000,000
                                  Depot Tracy,
                                  California............
                                 Defense Distribution        $19,900,000
                                  New Cumberland,
                                  Pennsylvania..........
                                 Eielson Air Force Base,      $8,800,000
                                  Alaska................
                                 Fort Belvoir, Virginia.        $900,000
                                 Grand Forks Air Force        $9,110,000
                                  Base, North Dakota....
                                 Hickam Air Force Base,      $29,200,000
                                  Hawaii................
                                 McGuire Air Force Base,      $4,400,000
                                  New Jersey............
                                 Minot Air Force Base,       $14,000,000
                                  North Dakota..........
                                 Philadelphia,                $2,429,000
                                  Pennsylvania..........
                                 Pope Air Force Base,         $3,400,000
                                  North Carolina........
Special Operations Command.....  Aberdeen Proving             $3,200,000
                                  Ground, Maryland......
                                 Fort Benning, Georgia..      $5,100,000
                                 Fort Bragg, North           $35,962,000
                                  Carolina..............
                                 Fort Lewis, Washington.      $6,900,000
                                 Hurlburt Field, Florida     $13,400,000
                                 MacDill Air Force Base,     $12,000,000
                                  Florida...............
                                 Naval Station, San          $13,650,000
                                  Diego, California.....
TRICARE Management Activity....  Andrews Air Force Base,     $10,250,000
                                  Maryland..............
                                 Dyess Air Force Base,        $3,300,000
                                  Texas.................
                                 F. E. Warren Air Force       $2,700,000
                                  Base, Wyoming.........
                                 Fort Hood, Texas.......     $12,200,000
                                 Fort Stewart/Hunter         $11,000,000
                                  Army Air Field,
                                  Georgia...............
                                 Holloman Air Force           $5,700,000
                                  Base, New Mexico......
                                 Hurlburt Field, Florida      $8,800,000
                                 Marine Corps Base, Camp      $1,150,000
                                  Pendleton, California.
                                 Marine Corps Logistics       $5,800,000
                                  Base, Albany, Georgia.
                                 Naval Air Station,           $1,900,000
                                  Whidbey Island,
                                  Washington............
                                 Naval Hospital,              $1,600,000
                                  Twentynine Palms,
                                  California............
                                 Naval Station, Mayport,     $24,000,000
                                  Florida...............
                                 Naval Station, Norfolk,     $21,000,000
                                  Virginia..............
                                 Schriever Air Force          $4,000,000
                                  Base, Colorado........
Washington Headquarters          Pentagon Reservation,       $25,000,000
 Services......................   Virginia..............
                                                         ---------------
                                   Total:...............    $325,228,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2403(a)(2), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:


               Defense Agencies: Outside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Activity.....  Aviano Air Base, Italy.      $3,647,000
                                 Geilenkirchen AB,            $1,733,000
                                  Germany...............
                                 Heidelberg, Germany....      $3,312,000
                                 Kaiserslautern, Germany      $1,439,000
                                 Kitzingen, Germany.....      $1,394,000
                                 Landstuhl, Germany.....      $1,444,000

[[Page 17429]]

 
                                 Ramstein Air Force           $2,814,000
                                  Base, Germany.........
                                 Royal Air Force,            $22,132,000
                                  Feltwell, United
                                  Kingdom...............
                                 Vogelweh Annex, Germany      $1,558,000
                                 Wiesbaden Air Base,          $1,378,000
                                  Germany...............
                                 Wuerzburg, Germany.....      $2,684,000
Defense Logistics Agency.......  Anderson Air Force          $20,000,000
                                  Base, Guam............
                                 Camp Casey, Korea......      $5,500,000
                                 Naval Station, Rota,         $3,000,000
                                  Spain.................
                                 Yokota Air Base, Japan.     $13,000,000
Office Secretary of Defense....  Comalapa Air Base, El       $12,577,000
                                  Salvador..............
TRICARE Management Activity....  Heidelberg, Germany....     $28,000,000
                                 Lajes Field, Azores,         $3,750,000
                                  Portugal..............
                                 Thule, Greenland.......     $10,800,000
                                                         ---------------
                                   Total:...............    $140,162,000
------------------------------------------------------------------------

     SEC. 2402. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2403(a)(6), the Secretary of 
     Defense may carry out energy conservation projects under 
     section 2865 of title 10, United States Code, in the amount 
     of $35,600,000.

     SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2001, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments), in the total 
     amount of $1,421,319,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $370,164,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $140,162,000.
       (3) For unspecified minor construction projects under 
     section 2805 of title 10, United States Code, $24,492,000.
       (4) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $10,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $74,496,000.
       (6) For energy conservation projects authorized by section 
     2402 of this Act, $35,600,000.
       (7) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), $532,200,000.
       (8) For military family housing functions:
       (A) For improvement of military family housing and 
     facilities, $250,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $43,762,000, of which not more than $37,298,000 
     may be obligated or expended for the leasing of military 
     family housing units worldwide.
       (C) For credit to the Department of Defense Family Housing 
     Improvement Fund established by section 2883(a)(1) of title 
     10, United States Code, $2,000,000.
       (9) For the construction of phase 6 of an ammunition 
     demilitarization facility at Pine Bluff Arsenal, Arkansas, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 1995 (division B of Public 
     Law 103-337; 108 Stat. 3040), as amended by section 2407 of 
     the Military Construction Authorization Act for Fiscal Year 
     1996 (division B of Public Law 104-106; 110 Stat. 539), 
     section 2408 of the Military Construction Authorization Act 
     for Fiscal Year 1998 (division B of Public Law 105-85; 111 
     Stat. 1982), section 2406 of the Military Construction 
     Authorization Act for Fiscal Year 1999 (division B of Public 
     Law 105-261; 112 Stat. 2197), and section 2407 of this Act, 
     $26,000,000.
       (10) For the construction of phase 3 of an ammunition 
     demilitarization facility at Pueblo Army Depot, Colorado, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 1997 (division B of Public 
     Law 104-201; 110 Stat. 2775), as amended by section 2406 of 
     the Military Construction Authorization Act for Fiscal Year 
     2000 (division B of Public Law 106-65; 113 Stat. 839), 
     $11,000,000.
       (11) For construction of phase 4 of an ammunition 
     demilitarization facility at Newport Army Depot, Indiana, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 1999 (division B of Public 
     Law 105-261; 112 Stat. 2193), $66,000,000.
       (12) For construction of phase 4 of an ammunition 
     demilitarization facility at Aberdeen Proving Ground, 
     Maryland, authorized by section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1999 (division 
     B of Public Law 105-261; 112 Stat. 2193), as amended by 
     section 2406 of this Act, $66,500,000.
       (13) For construction of a hospital at Fort Wainwright, 
     Alaska, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2000 (division 
     B of Public Law 106-65; 113 Stat. 836), $18,500,000.
       (14) For construction of an aircrew water survival training 
     facility at Naval Air Station, Whidbey Island, Washington, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 836), as amended by section 2405 of 
     this Act, $6,600,000.
       (15) For the construction of phase 2 of an ammunition 
     demilitarization facility at Blue Grass Army Depot, Kentucky, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65, 113 Stat. 836), as amended by section 2405, 
     $3,000,000.
       (16) For construction of FHOTC Support Facilities at Camp 
     Pendleton, California, authorized by section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 2001 
     (division B of the Spence Act; 114 Stat.1654A-402), as 
     amended by section 2404 of this Act, $3,150,000.
       (17) For replacement of a Medical/Dental Clinic, Las 
     Flores, at Camp Pendleton, California, authorized by section 
     2401(a) of the Military Construction Authorization Act for 
     Fiscal Year 2001 (division B of the Spence Act; 114 
     Stat.1654A-402), as amended by section 2404 of this Act, 
     $3,800,000.
       (18) For replacement of a Medical/Dental Clinic, Las 
     Pulgas, at Camp Pendleton, California, authorized by section 
     2401(a) of the Military Construction Authorization Act for 
     Fiscal Year 2001 (division B of the Spence Act; 114 
     Stat.1654A-402), as amended by section 2404 of this Act, 
     $4,050,000.
       (19) For replacement of a Medical/Dental Clinic, Horno, at 
     Camp Pendleton, California, authorized by section 2401(a) of 
     the Military Construction Authorization Act for Fiscal Year 
     2001 (division B of the Spence Act; 114 Stat.1654A-402), as 
     amended by section 2404 of this Act, $4,300,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1) and (2) of subsection (a).
       (c) Adjustments.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (19) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated in such paragraphs, reduced by--
       (1) $17,857,000, which represents the combination of 
     savings resulting from adjustments to foreign currency 
     exchange rates for military construction outside the United 
     States; and
       (2) $10,250,000, which represents the combination of 
     project savings in military construction resulting from 
     favorable bids, reduced overhead charges, and cancellations 
     due to force structure changes.

     SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2001 PROJECT.

       The table in section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 2001 (division B of the 
     Spence Act; 114 Stat. 1654A-402) is amended--
       (1) under the agency heading relating to TRICARE Management 
     Activity, in the item relating to Marine Corps Base, Camp 
     Pendleton, California, by striking ``$14,150,000'' and 
     inserting ``$15,300,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$258,056,000''.

     SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2000 PROJECTS.

       (a) Modification.--The table in section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 836) is amended--
       (1) under the agency heading relating to TRICARE Management 
     Activity, in the item relating to Naval Air Station, Whidbey 
     Island, Washington, by striking ``$4,700,000'' inserting 
     ``$6,600,000'';
       (2) under the agency heading relating to Chemical 
     Demilitarization, in the item relating to Blue Grass Army 
     Depot, Kentucky, by striking ``$206,800,000'' in the amount 
     column and inserting ``$254,030,000''; and
       (3) by striking the amount identified as the total in the 
     amount column and inserting ``$636,550,000''.
       (b) Conforming Amendment.--Section 2405(b)(3) of that Act 
     (113 Stat. 839) is amended by striking ``$184,000,000'' and 
     inserting ``$231,230,000''.

[[Page 17430]]



     SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 1999 PROJECT.

       The table in section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 1999 (division B of Public 
     Law 105-261; 112 Stat. 2193) is amended--
       (1) under the agency heading relating to Chemical 
     Demilitarization, in the item relating to Aberdeen Proving 
     Ground, Maryland, by striking ``$186,350,000'' in the amount 
     column and inserting ``$223,950,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$727,616,000''.
       (b) Conforming Amendments.--Section 2404(b)(3) of that Act 
     (112 Stat. 2196) is amended by striking ``$158,000,000'' and 
     inserting ``$195,600,000''.

      SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 1995 PROJECT.

       The table in section 2401 of the Military Construction 
     Authorization Act for Fiscal Year 1995 (division B of Public 
     Law 103-337; 108 Stat. 3040), as amended by section 2407 of 
     the Military Construction Authorization Act for Fiscal Year 
     1996 (division B of Public Law 104-106; 110 Stat. 539), 
     section 2408 of the Military Construction Authorization Act 
     for Fiscal Year 1998 (division B of Public Law 105-85; 111 
     Stat. 1982), and section 2406 of the Military Construction 
     Authorization Act for Fiscal Year 1999 (division B of Public 
     Law 105-261; 112 Stat. 2197), is amended under the agency 
     heading relating to Chemical Agents and Munitions 
     Destruction, in the item relating to Pine Bluff Arsenal, 
     Arkansas, by striking ``$154,400,000'' in the amount column 
     and inserting ``$177,400,000''.

     SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP FORWARD 
                   OPERATING LOCATION ON ARUBA FOR UNITED STATES 
                   SOUTHERN COMMAND COUNTER-DRUG DETECTION AND 
                   MONITORING FLIGHTS.

       None of the funds appropriated under the heading ``military 
     construction, defense-wide'' in chapter 3 of title III of the 
     Emergency Supplemental Act, 2000 (Public Law 106-246; 114 
     Stat. 579), may be used by the Secretary of Defense to 
     develop any forward operating location on the island of Aruba 
     to serve as a location from which the United States Southern 
     Command could conduct counter-drug detection and monitoring 
     flights.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

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

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2001, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Organization 
     Security Investment Program authorized by section 2501, in 
     the amount of $162,600,000.

                TITLE XXVI--GUARD AND RESERVE FACILITIES

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

       (a) In General.--There are authorized to be appropriated 
     for fiscal years beginning after September 30, 2001, for the 
     costs of acquisition, architectural and engineering services, 
     and construction of facilities for the Guard and Reserve 
     Forces, and for contributions therefor, under chapter 1803 of 
     title 10, United States Code (including the cost of 
     acquisition of land for those facilities), the following 
     amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $304,915,000; and
       (B) for the Army Reserve, $173,017,000.
       (2) For the Department of the Navy, for the Naval and 
     Marine Corps Reserve, $53,291,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $197,472,000; and
       (B) for the Air Force Reserve, $79,132,000.

                        TITLE XXVII--EXPIRATION

                            AND EXTENSION OF

                             AUTHORIZATIONS

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

       (a) Expiration of Authorizations After Three Years.--Except 
     as provided in subsection (b), all authorizations contained 
     in titles XXI through XXVI for military construction 
     projects, land acquisition, family housing projects and 
     facilities, and contributions to the North Atlantic Treaty 
     Organization Security Investment program (and authorizations 
     of appropriations therefor) shall expire on the later of--
       (1) October 1, 2004; or
       (2) the date of the enactment of an Act authorizing funds 
     for military construction for fiscal year 2005.
       (b) Exception.--Subsection (a) shall not apply to 
     authorizations for military construction projects, land 
     acquisition, family housing projects and facilities, and 
     contributions to the North Atlantic Treaty Organization 
     Security Investment program (and authorizations of 
     appropriations therefor) for which appropriated funds have 
     been obligated before the later of--
       (1) October 1, 2004; or
       (2) the date of the enactment of an Act authorizing funds 
     for fiscal year 2005 for military construction projects, land 
     acquisition, family housing projects and facilities, or 
     contributions to the North Atlantic Treaty Organization 
     Security Investment program.

     SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   1999 PROJECTS.

       (a) Exception.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 1999 
     (division B of Public Law 105-261; 112 Stat. 2199), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2302 or 2601 of that Act, shall remain in 
     effect until October 1, 2002, or the date of the enactment of 
     an Act authorizing funds for military construction for fiscal 
     year 2003, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:


                               Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Delaware..............................  Dover Air Force Base.....  Family Housing Replacement         $8,998,000
                                                                    (55 Units)..................
Florida...............................  Patrick Air Force Base...  Family Housing Replacement         $9,692,000
                                                                    (46 Units)..................
New Mexico............................  Kirtland Air Force Base..  Family Housing Replacement         $6,400,000
                                                                    (37 Units)..................
Ohio..................................  Wright-Patterson Air       Family Housing Replacement         $5,600,000
                                         Force Base..............   (40 Units)..................
----------------------------------------------------------------------------------------------------------------



                          Army National Guard: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts.........................  Westfield................  Army Aviation Support              $9,274,000
                                                                    Facility....................
South Carolina........................  Spartanburg..............  Readiness Center.............      $5,260,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   1998 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 1998 
     (division B of Public Law 105-85; 111 Stat. 1984), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2102, 2202, or 2302 of that Act and 
     extended by section 2702 of the Military Construction 
     Authorization Act for Fiscal Year 2001 (division B of the 
     Spence Act; 114 Stat. 1654A-408), shall remain in effect 
     until October 1, 2002, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2003, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:


[[Page 17431]]



                                  Army: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Maryland..............................  Fort Meade...............  Family Housing Construction        $7,900,000
                                                                    (56 units)..................
----------------------------------------------------------------------------------------------------------------



                                 Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
California............................  Naval Complex, San Diego.  Family Housing Replacement        $13,500,000
                                                                    (94 units)..................
California............................  Marine Corps Air Station,  Family Housing Construction       $28,881,000
                                         Miramar.................   (166 units).................
Louisiana.............................  Naval Complex, New         Family Housing Replacement        $11,930,000
                                         Orleans.................   (100 units).................
Texas.................................  Naval Air Station, Corpus  Family Housing Construction       $22,250,000
                                         Christi.................   (212 units).................
----------------------------------------------------------------------------------------------------------------



                               Air Force: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................  Kirtland Air Force Base..  Family Housing Replacement        $20,900,000
                                                                    (180 units).................
----------------------------------------------------------------------------------------------------------------

     SEC. 2704. EFFECTIVE DATE.

       Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
     effect on the later of--
       (1) October 1, 2001; or
       (2) the date of the enactment of this Act.

                    TITLE XXVIII--GENERAL PROVISIONS

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

     SEC. 2801. INCREASE IN CERTAIN UNSPECIFIED MINOR MILITARY 
                   CONSTRUCTION PROJECT THRESHOLDS.

       Section 2805 of title 10, United States Code, is amended--
       (1) in subsection (b)(1), by striking ``$500,000'' and 
     inserting ``$750,000'';
       (2) in subsection (c)(1)(A), by striking ``$1,000,000'' and 
     inserting ``$1,500,000''; and
       (3) in subsection (c)(1)(B), by striking ``$500,000'' and 
     inserting ``$750,000''.

     SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL HAZARD 
                   REMEDIATION FROM LIMITATION ON AUTHORIZED COST 
                   VARIATIONS.

       Subsection (d) of section 2853 of title 10, United States 
     Code, is amended to read as follows:
       ``(d) The limitation on cost increases in subsection (a) 
     does not apply--
       ``(1) to the settlement of a contractor claim under a 
     contract; or
       ``(2) to the costs associated with the required remediation 
     of an environmental hazard in connection with a military 
     construction project or military family housing project, such 
     as asbestos removal, radon abatement, lead-based paint 
     removal or abatement, or any other legally required 
     environmental hazard remediation, if the required remediation 
     could not have reasonably been anticipated at the time the 
     project was approved originally by Congress.''.

     SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT ON MILITARY 
                   CONSTRUCTION AND MILITARY FAMILY HOUSING 
                   ACTIVITIES.

       (a) Repeal.--Section 2861 of title 10, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter III of chapter 169 of such title is 
     amended by striking the item relating to section 2861.

     SEC. 2804. PERMANENT AUTHORIZATION FOR ALTERNATIVE AUTHORITY 
                   FOR ACQUISITION AND IMPROVEMENT OF MILITARY 
                   HOUSING.

       (a) Repeal of Termination Provision.--Section 2885 of title 
     10, United States Code, is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter IV of chapter 169 of such title is 
     amended by striking the item relating to section 2885.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN 
                   RECREATIONAL ACTIVITIES.

       Section 2671 of title 10, United States Code, is amended--
       (1) by transferring subsection (b) to the end of the 
     section and redesignating such subsection, as so transferred, 
     as subsection (e); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Subsection (a) shall not apply with respect to all or 
     certain specified hunting, fishing, or trapping at a military 
     installation or facility if the Secretary of Defense 
     determines that the application of the State or Territory 
     fish and game laws to such hunting, fishing, or trapping 
     without modification could result in undesirable consequences 
     for public safety or adverse effects on morale, welfare, or 
     recreation activities at the installation or facility. The 
     Secretary may not waive or modify the requirements under 
     subsection (a)(2) regarding a license for such hunting, 
     fishing, or trapping or any fee imposed by a State or 
     Territory to obtain such a license.''.

     SEC. 2812. BASE EFFICIENCY PROJECT AT BROOKS AIR FORCE BASE, 
                   TEXAS.

       (a) Indemnification of Transferees.--Section 136 of the 
     Military Construction Appropriations Act, 2001 (division A of 
     Public Law 106-246; 114 Stat. 520), is amended--
       (1) by striking subsection (n);
       (2) by redesignating subsection (m) as subsection (n); and
       (3) by inserting after subsection (l) the following new 
     subsection:
       ``(m) Indemnification of Transferees.--(1) With respect to 
     the disposal of real property under subsection (e) at the 
     Base as part of the Project, the Secretary shall hold 
     harmless, defend, and indemnify in full the Community and 
     other persons and entities described in paragraph (2) from 
     and against any suit, claim, demand or action, liability, 
     judgment, cost or other fee arising out of any claim for 
     personal injury or property damage (including death, illness, 
     or loss of or damage to property or economic loss) that 
     results from, or is in any manner predicated upon, the 
     release or threatened release of any hazardous substance, 
     pollutant or contaminant, or petroleum or petroleum 
     derivative as a result of Department of Defense activities at 
     the Base.
       ``(2) The persons and entities referred to in paragraph (1) 
     are the following:
       ``(A) The Community (including any officer, agent, or 
     employee of the Community) that acquires ownership or control 
     of any real property at the Base as described in paragraph 
     (1).
       ``(B) The State of Texas or any political subdivision of 
     the State (including any officer, agent, or employee of the 
     State or political subdivision) that acquires such ownership 
     or control.
       ``(C) Any other person or entity that acquires such 
     ownership or control.
       ``(D) Any successor, assignee, transferee, lender, or 
     lessee of a person or entity described in subparagraphs (A) 
     through (C).
       ``(3) To the extent the persons and entities described in 
     paragraph (2) contributed to any such release or threatened 
     release, paragraph (1) shall not apply.
       ``(4) No indemnification may be afforded under this 
     subsection unless the person or entity making a claim for 
     indemnification--
       ``(A) notifies the Department of Defense in writing within 
     two years after such claim accrues or begins action within 
     six months after the date of mailing, by certified or 
     registered mail, of notice of final denial of the claim by 
     the Department of Defense;
       ``(B) furnishes to the Department of Defense copies of 
     pertinent papers the entity receives;
       ``(C) furnishes evidence or proof of any claim, loss, or 
     damage covered by this subsection; and
       ``(D) provides, upon request by the Department of Defense, 
     access to the records and personnel of the entity for 
     purposes of defending or settling the claim or action.
       ``(5) In any case in which the Secretary determines that 
     the Department of Defense may be required to make 
     indemnification payments to a person under this subsection 
     for any suit, claim, demand or action, liability, judgment, 
     cost or other fee arising out of any claim for personal

[[Page 17432]]

     injury or property damage referred to in paragraph (1), the 
     Secretary may settle or defend, on behalf of that person, the 
     claim for personal injury or property damage. If the person 
     to whom the Department of Defense may be required to make 
     indemnification payments does not allow the Secretary to 
     settle or defend the claim, the person may not be afforded 
     indemnification with respect to that claim under this 
     subsection.
       ``(6) For purposes of paragraph (4)(A), the date on which a 
     claim accrues is the date on which the plaintiff knew (or 
     reasonably should have known) that the personal injury or 
     property damage referred to in paragraph (1) was caused or 
     contributed to by the release or threatened release of a 
     hazardous substance, pollutant or contaminant, or petroleum 
     or petroleum derivative as a result of Department of Defense 
     activities at the Base.
       ``(7) Nothing in this subsection shall be construed as 
     affecting or modifying in any way section 120(h) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)).
       ``(8) In this subsection, the terms `facility', `hazardous 
     substance', `release', and `pollutant or contaminant' have 
     the meanings given such terms in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980, respectively (42 U.S.C. 9601).''.
       (b) Definitions.--Paragraph (9) of subsection (n) of such 
     section, as redesignated by subsection (a)(2), is amended by 
     striking ``, who shall be a civilian official of the 
     Department appointed by the President with the advice and 
     consent of the Senate''.

            Subtitle C--Defense Base Closure and Realignment

     SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.

       (a) 1988 Law.--Section 204(b)(4) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note) is amended--
       (1) by redesignating subparagraphs (E), (F), (G), (H), and 
     (I) as subparagraphs (F), (G), (H), (I), and (J), 
     respectively; and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E)(i) The Secretary may transfer real property at an 
     installation approved for closure or realignment under this 
     title (including property at an installation approved for 
     realignment which will be retained by the Department of 
     Defense or another Federal agency after realignment) to the 
     redevelopment authority for the installation if the 
     redevelopment authority agrees to lease, directly upon 
     transfer, one or more portions of the property transferred 
     under this subparagraph to the Secretary or to the head of 
     another department or agency of the Federal Government. 
     Subparagraph (B) shall apply to a transfer under this 
     subparagraph.
       ``(ii) A lease under clause (i) shall be for a term of not 
     to exceed 50 years, but may provide for options for renewal 
     or extension of the term by the department or agency 
     concerned.
       ``(iii) A lease under clause (i) may not require rental 
     payments by the United States.
       ``(iv) A lease under clause (i) shall include a provision 
     specifying that if the department or agency concerned ceases 
     requiring the use of the leased property before the 
     expiration of the term of the lease, the remainder of the 
     lease term may be satisfied by the same or another department 
     or agency of the Federal Government using the property for a 
     use similar to the use under the lease. Exercise of the 
     authority provided by this clause shall be made in 
     consultation with the redevelopment authority concerned.
       ``(v) Notwithstanding clause (iii) or chapter 137 of title 
     10, United States Code, if a lease under clause (i) involves 
     a substantial portion of the installation, the department or 
     agency concerned may obtain facility services for the leased 
     property and common area maintenance from the redevelopment 
     authority or the redevelopment authority's assignee as a 
     provision of the lease. The facility services and common area 
     maintenance shall be provided at a rate no higher than the 
     rate charged to non-Federal tenants of the transferred 
     property. Facility services and common area maintenance 
     covered by the lease shall not include--
       ``(I) municipal services that a State or local government 
     is required by law to provide to all landowners in its 
     jurisdiction without direct charge; or
       ``(II) firefighting or security-guard functions.''.
       (b) 1990 Law.--Section 2905(b)(4)(E) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding 
     at the end the following new clause:
       ``(v) Notwithstanding clause (iii) or chapter 137 of title 
     10, United States Code, if a lease under clause (i) involves 
     a substantial portion of the installation, the department or 
     agency concerned may obtain facility services for the leased 
     property and common area maintenance from the redevelopment 
     authority or the redevelopment authority's assignee as a 
     provision of the lease. The facility services and common area 
     maintenance shall be provided at a rate no higher than the 
     rate charged to non-Federal tenants of the transferred 
     property. Facility services and common area maintenance 
     covered by the lease shall not include--
       ``(I) municipal services that a State or local government 
     is required by law to provide to all landowners in its 
     jurisdiction without direct charge; or
       ``(II) firefighting or security-guard functions.''.

                      Subtitle D--Land Conveyances

                        PART I--ARMY CONVEYANCES

     SEC. 2831. MODIFICATION OF LAND EXCHANGE, ROCK ISLAND 
                   ARSENAL, ILLINOIS.

       (a) Additional Conveyance Authorized.--Subsection (a) of 
     section 2832 of the Military Construction Authorization Act 
     for Fiscal Year 2000 (division B of Public Law 106-65; 113 
     Stat. 857) is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Secretary may convey to the City all right, 
     title, and interest of the United States in and to an 
     additional parcel of real property, including improvements 
     thereon, at the Rock Island Arsenal consisting of 
     approximately .513 acres.''.
       (b) Consideration.--Subsection (b) of such section is 
     amended--
       (1) by inserting ``(1)'' before ``As consideration'';
       (2) by striking ``subsection (a)'' both places it appears 
     and inserting ``subsection (a)(1)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) As consideration for the conveyance under subsection 
     (a)(2), the City shall convey to the Secretary all right, 
     title, and interest of the City in and to a parcel of real 
     property consisting of approximately .063 acres and construct 
     on the parcel, at the City's expense, a new access ramp to 
     the Rock Island Arsenal.''.

     SEC. 2832. MODIFICATION OF LAND CONVEYANCES, FORT DIX, NEW 
                   JERSEY.

       Section 2835(c) of the Military Construction Authorization 
     Act for Fiscal Year 1998 (division B of Public Law 105-85; 
     111 Stat. 2004) is amended by adding at the end the following 
     new paragraph:
       ``(3) Notwithstanding paragraphs (1) or (2), the Borough 
     and Board may exchange between each other, without the 
     consent of the Secretary, all or any portion of the property 
     conveyed under subsection (a) so long as the property 
     continues to be used by the grantees for economic development 
     or educational purposes.''.

     SEC. 2833. LEASE AUTHORITY, FORT DERUSSY, HAWAII.

       Notwithstanding section 809 of the Military Construction 
     Authorization Act, 1968 (Public Law 90-110; 81 Stat. 309) and 
     section 2814(b) of the Military Construction Authorization 
     Act, 1989 (Public Law 100-456; 102 Stat. 2117), the Secretary 
     of the Army may enter into a lease with the City of Honolulu, 
     Hawaii, for the purpose of making available to the City a 
     parcel of real property at Fort DeRussy, Hawaii, for the 
     construction of a parking facility.

     SEC. 2834. LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS, 
                   WASHINGTON.

       (a) Exchange Authorized.--(1) The Secretary of the Army may 
     convey to the Nisqually Tribe, a federally recognized Indian 
     tribe whose tribal lands are located within the State of 
     Washington, all right, title, and interest of the United 
     States in and to two parcels of real property, including any 
     improvements thereon, consisting of approximately 138 acres 
     at Fort Lewis, Washington, in exchange for the real property 
     described in subsection (b).
       (2) The property authorized for conveyance under paragraph 
     (1) does not include Bonneville Power Administration 
     transmission facilities or the right of way described in 
     subsection (c).
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the Nisqually Tribe shall--
       (1) acquire from Thurston Country, Washington, several 
     parcels of real property consisting of approximately 416 
     acres that are owned by the county, are within the boundaries 
     of Fort Lewis, and are currently leased by the Army, and
       (2) convey fee title over the acquired property to the 
     Secretary.
       (c) Right-of-Way for Bonneville Power Administration.--The 
     Secretary may use the authority provided in section 2668 of 
     title 10, United States Code, to convey to the Bonneville 
     Power Administration a right-of-way that authorizes the 
     Bonneville Power Administration to use real property at Fort 
     Lewis as a route for the Grand Coulee-Olympia and Olympia-
     White River electric transmission lines and appurtenances to 
     facilitate the removal of such transmission lines from tribal 
     lands of the Nisqually Tribe.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) and acquired under subsection (b) shall be 
     determined by a survey satisfactory to the Secretary and the 
     Nisqually Tribe. The cost of the survey shall be borne by the 
     recipient of the property.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2835. LAND CONVEYANCE, WHITTIER-ANCHORAGE PIPELINE TANK 
                   FARM, ANCHORAGE, ALASKA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Port of Anchorage, an 
     entity of the Municipality of Anchorage, Alaska, all right, 
     title, and interest of the United States in and to two 
     adjoining parcels of real property, including any 
     improvements thereon, consisting of approximately 48 acres in 
     Anchorage, Alaska, which are known as of the Whittier-
     Anchorage Pipeline Tank Farm, for the purpose of permitting 
     the Port of Anchorage to use the parcels for economic 
     development.

[[Page 17433]]

       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the recipient of the real property.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                       PART II--NAVY CONVEYANCES

     SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE BEACH NAVAL 
                   STATION, HUMBOLDT COUNTY, CALIFORNIA.

       (a) Transfer Authorized.--The Secretary of the Navy may 
     transfer, without reimbursement, to the administrative 
     jurisdiction of the Secretary of the Interior the real 
     property, including any improvements thereon, consisting of 
     the closed Centerville Beach Naval Station in Humboldt 
     County, California, for the purpose of permitting the 
     Secretary of the Interior to manage the real property as open 
     space or for other public purposes.
       (b) Legal Description.--The exact acreage and legal 
     description of the real property to be transferred under this 
     section shall be determined by a survey satisfactory to the 
     Secretary of the Navy. The cost of the survey shall be borne 
     by the Secretary of the Interior.
       (c) Additional Terms and Conditions.--The Secretary of the 
     Navy may require such additional terms and conditions in 
     connection with the transfer under this section as the 
     Secretary of the Navy considers appropriate to protect the 
     interests of the United States.

     SEC. 2842. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE 
                   PLANT, TOLEDO, OHIO.

       (a) Conveyance Authorized.--(1) The Secretary of the Navy 
     may convey, without consideration, to the Toledo-Lucas County 
     Port Authority, Ohio (in this section referred to as the 
     ``Port Authority''), all right, title, and interest of the 
     United States in and to a parcel of real property consisting 
     of approximately 29 acres, including any improvements 
     thereon, and comprising the Naval Weapons Industrial Reserve 
     Plant, Toledo, Ohio.
       (2) The Secretary may include in the conveyance under 
     paragraph (1) such facilities, equipment, fixtures, and other 
     personal property located or based on the parcel conveyed 
     under that paragraph, or used in connection with the parcel, 
     as the Secretary determines to be not required by the Navy 
     for other purposes.
       (b) Lease Authority.--Until such time as the real property 
     described in subsection (a)(1) is conveyed by deed, the 
     Secretary may lease the real property, together with any 
     improvements, facilities, equipment, fixtures, and other 
     personal property thereon, to the Port Authority in exchange 
     for security services, fire protection services, and 
     maintenance services provided by the Port Authority for the 
     real property.
       (c) Conditions of Conveyance.--(1) The conveyance under 
     subsection (a), and any lease under subsection (b), shall be 
     subject to the conditions that the Port Authority--
       (A) accept the parcel, and any improvements, facilities, 
     equipment, fixtures, and other personal property thereon, in 
     their condition at the time of the conveyance or lease, as 
     the case may be; and
       (B) except as provided in paragraph (2), use the parcel, 
     and any improvements, facilities, equipment, fixtures, and 
     other personal property thereon, whether directly or through 
     an agreement with a public or private entity, for economic 
     development, redevelopment, or retention purposes, including 
     the creation or preservation of jobs and employment 
     opportunities, or such other public purposes as the Port 
     Authority determines appropriate.
       (2) The Port Authority may at any time convey, lease, or 
     sublease, as the case may be, the parcel, and any 
     improvements, facilities, equipment, fixtures, and other 
     personal property thereon, to a public or private entity for 
     purposes described in paragraph (1)(B).
       (d) Inspection.--The Secretary may permit the Port 
     Authority to review and inspect the improvements, facilities, 
     equipment, fixtures, and other personal property located on 
     the parcel described in subsection (a)(1) for purposes of the 
     conveyance authorized by that subsection and the lease 
     authorized by subsection (b).
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a)(1), and of any facilities, equipment fixtures, 
     or other personal property to be conveyed under subsection 
     (a)(2), shall be determined by a survey and other means 
     satisfactory to the Secretary. The cost of any activities 
     under the preceding sentence shall be borne by the Port 
     Authority.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a)(1), and any lease 
     under subsection (b), as the Secretary considers appropriate 
     to protect the interests of the United States.

     SEC. 2843. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF NAVAL 
                   COMPUTER AND TELECOMMUNICATIONS STATION, 
                   CUTLER, MAINE.

       Section 2853(a) of the Military Construction Authorization 
     Act for Fiscal Year 2001 (division B of the Spence Act; 114 
     Stat. 1654A-430) is amended by inserting ``any or'' before 
     ``all right''.

     SEC. 2844. MODIFICATION OF LAND CONVEYANCE, FORMER UNITED 
                   STATES MARINE CORPS AIR STATION, EAGLE MOUNTAIN 
                   LAKE, TEXAS.

       Section 5 of Public Law 85-258 (71 Stat. 583) is amended by 
     inserting before the period at the end the following: ``or 
     for the protection, maintenance, and operation of other Texas 
     National Guard facilities''.

     SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP 
                   ACTIVITY, WINTER HARBOR, MAINE.

       (a) Transfer of Jurisdiction of Schoodic Point Property 
     Authorized.--(1) The Secretary of the Navy may transfer, 
     without consideration, to the Secretary of the Interior 
     administrative jurisdiction of a parcel of real property, 
     including any improvements thereon and appurtenances thereto, 
     consisting of approximately 26 acres as generally depicted as 
     Tract 15-116 on the map entitled ``Acadia National Park 
     Schoodic Point Area'', numbered 123/80,418 and dated May 
     2001. The map shall be on file and available for inspection 
     in the appropriate offices of the National Park Service.
       (2) The transfer authorized by this subsection shall occur, 
     if at all, concurrently with the reversion of administrative 
     jurisdiction of a parcel of real property consisting of 
     approximately 71 acres, as depicted as Tract 15-115 on the 
     map referred to in paragraph (1), from the Secretary of the 
     Navy to the Secretary of the Interior as authorized by Public 
     Law 80-260 (61 Stat. 519) and to be executed on or about June 
     30, 2002.
       (b) Conveyance of Corea and Winter Harbor Properties 
     Authorized.--The Secretary of the Navy may convey, without 
     consideration, to the State of Maine, any political 
     subdivision of the State of Maine, or any tax-supported 
     agency in the State of Maine, all right, title, and interest 
     of the United States in and to any of the parcels of real 
     property, including any improvements thereon and 
     appurtenances thereto, consisting of approximately 485 acres 
     and comprising the former facilities of the Naval Security 
     Group Activity, Winter Harbor, Maine, located in Hancock 
     County, Maine, except for the real property described in 
     subsection (a)(1).
       (c) Transfer of Personal Property.--The Secretary of the 
     Navy shall transfer, without consideration, to the Secretary 
     of the Interior in the case of the real property transferred 
     under subsection (a), or to any recipient of such real 
     property in the case of real property conveyed under 
     subsection (b), any or all personal property associated with 
     such real property so transferred or conveyed, including--
       (1) the ambulances and any fire trucks or other 
     firefighting equipment; and
       (2) any personal property required to continue the 
     maintenance of the infrastructure of such real property, 
     including the generators and an uninterrupted power supply in 
     building 154 at the Corea site.
       (d) Maintenance of Property Pending Conveyance.--The 
     Secretary of the Navy shall maintain any real property, 
     including any improvements thereon, appurtenances thereto, 
     and supporting infrastructure, to be conveyed under 
     subsection (b) until the earlier of--
       (1) the date of the conveyance of such real property under 
     subsection (b); or
       (2) September 30, 2003.
       (e) Interim Lease.--(1) Until such time as any parcel of 
     real property to be conveyed under subsection (b) is conveyed 
     by deed under that subsection, the Secretary of the Navy may 
     lease such parcel to any person or entity determined by the 
     Secretary to be an appropriate lessee of such parcel.
       (2) The amount of rent for a lease under paragraph (1) 
     shall be the amount determined by the Secretary to be 
     appropriate, and may be an amount less than the fair market 
     value of the lease.
       (f) Reimbursement for Environmental and Other 
     Assessments.--(1) The Secretary of the Navy may require each 
     recipient of real property conveyed under subsection (b) to 
     reimburse the Secretary for the costs incurred by the 
     Secretary for any environmental assessment, study, or 
     analysis carried out by the Secretary with respect to such 
     property before completing the conveyance under that 
     subsection.
       (2) The amount of any reimbursement required under 
     paragraph (1) shall be determined by the Secretary, but may 
     not exceed the cost of the assessment, study, or analysis for 
     which reimbursement is required.
       (3) Section 2695(c) of title 10, United States Code, shall 
     apply to any amount received by the Secretary under this 
     subsection.
       (g) Description of Property.--The exact acreage and legal 
     description of the real property transferred under subsection 
     (a), and each parcel of real property conveyed under 
     subsection (b), shall be determined by a survey satisfactory 
     to the Secretary of the Navy. The cost of any survey under 
     the preceding sentence for real property conveyed under 
     subsection (b) shall be borne by the recipient of the real 
     property.
       (h) Additional Terms and Conditions.--The Secretary of the 
     Navy may require such additional terms and conditions in 
     connection with any conveyance under subsection (b), and any 
     lease under subsection (e), as the Secretary considers 
     appropriate to protect the interests of the United States.

                    PART III--AIR FORCE CONVEYANCES

     SEC. 2851. WATER RIGHTS CONVEYANCE, ANDERSEN AIR FORCE BASE, 
                   GUAM.

       (a) Authority To Convey.--In conjunction with the 
     conveyance of the water supply system for Anderson Air Force 
     Base, Guam, under the authority of section 2688 of title 10, 
     United States Code, and in accordance with all the 
     requirements of that section, the Secretary of the

[[Page 17434]]

     Air Force may convey all right, title, and interest of the 
     United States, or such lesser estate as the Secretary 
     considers appropriate to serve the interests of the United 
     States, in the water rights related to the following Air 
     Force properties located on Guam:
       (1) Andy South, also known as the Andersen Administrative 
     Annex.
       (2) Marianas Bonins Base Command.
       (3) Andersen Water Supply Annex, also known as the Tumon 
     Water Well or the Tumon Maui Well.
       (b) Additional Requirements.--The Secretary may exercise 
     the authority contained in subsection (a) only if--
       (1) the Secretary determines that adequate supplies of 
     potable groundwater exist under the main base and northwest 
     field portions of Andersen Air Force Base to meet the current 
     and long-term requirements of the installation for water;
       (2) the Secretary determines that such supplies of 
     groundwater are economically obtainable; and
       (3) the Secretary requires the conveyee of the water rights 
     under subsection (a) to provide a water system capable of 
     meeting the water supply needs of the main base and northwest 
     field portions of Anderson Air Force Base, as determined by 
     the Secretary.
       (c) Interim Water Supplies.--If the Secretary determines 
     that it is in the best interests of the United States to 
     transfer title to the water rights and utility systems at 
     Andy South and Andersen Water Supply Annex before placing 
     into service a replacement water system and well field on 
     Andersen Air Force Base, the Secretary may require that the 
     United States have the primary right to all water produced 
     from Andy South and Andersen Water Supply Annex until the 
     replacement water system and well field is placed into 
     service and operates to the satisfaction of the Secretary. In 
     exercising the authority provided by this subsection, the 
     Secretary may retain a reversionary interest in the water 
     rights and utility systems at Andy South and Andersen Water 
     Supply Annex until such time as the new replacement water 
     system and well field is placed into service and operates to 
     the satisfaction of the Secretary.
       (d) Sale of Excess Water Authorized.--(1) As part of the 
     conveyance of water rights under subsection (a), the 
     Secretary may authorize the conveyee of the water system to 
     sell to public or private entities such water from Andersen 
     Air Force Base as the Secretary determines to be excess to 
     the needs of the United States. In the event the Secretary 
     authorizes the conveyee to resell water, the Secretary shall 
     negotiate a reasonable return to the United States of the 
     value of such excess water sold by the conveyee, which return 
     the Secretary may receive in the form of reduced charges for 
     utility services provided by the conveyee.
       (2) If the Secretary cannot meet the requirements of 
     subsection (b), and the Secretary determines to proceed with 
     a water utility system conveyance under section 2688 of title 
     10, United States Code, without the conveyance of water 
     rights, the Secretary may provide in any such conveyance that 
     the conveyee of the water system may sell to public or 
     private entities such water from Andy South and Andersen 
     Water Supply Annex as the Secretary determines to be excess 
     to the needs of the United States. The Secretary shall 
     negotiate a reasonable return to the United States of the 
     value of such excess water sold by the conveyee, which return 
     the Secretary may receive in the form of reduced charges for 
     utility services provided by the conveyee.
       (e) Treatment of Water Rights.--For purposes of section 
     2688 of title 10, United States Code, the water rights 
     referred to in subsection (a) shall be considered as part of 
     a utility system (as that term is defined in subsection 
     (h)(2) of such section).

     SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY AIR FORCE 
                   BASE, COLORADO.

       The Secretary of the Air Force shall reevaluate the terms 
     and conditions of the pending negotiated sale agreement with 
     the Lowry Redevelopment Authority for certain real property 
     at Lowry Air Force Base, Colorado, in light of changed 
     circumstances regarding the property, including changes in 
     the flood plain designations affecting some of the property, 
     to determine whether the changed circumstances warrant a 
     reduction in the amount of consideration otherwise required 
     under the agreement or other modifications to the agreement.

                       Subtitle E--Other Matters

     SEC. 2861. TRANSFER OF JURISDICTION FOR DEVELOPMENT OF ARMED 
                   FORCES RECREATION FACILITY, PARK CITY, UTAH.

       (a) Transfer Required.--(1) The Secretary of the Interior 
     shall transfer, without reimbursement, to the administrative 
     jurisdiction of the Secretary of the Air Force a parcel of 
     real property in Park City, Utah, including any improvements 
     thereon, that consists of approximately 35 acres, is located 
     in township 2 south, range 4 east, Salt Lake meridian, and is 
     designated as parcel 3 by the Bureau of Land Management.
       (2) The transfer shall be subject to existing rights, 
     except that the Secretary of the Interior shall terminate any 
     lease with respect to the parcel issued under the Act of June 
     14, 1926 (commonly known as the Recreation and Public 
     Purposes Act; 43 U.S.C. 689 et seq.), and still in effect as 
     of the date of the enactment of this Act.
       (3) The transfer required by this subsection shall be 
     completed not later than one year after the date of the 
     enactment of this Act.
       (b) Use of Transferred Land.--(1) The Secretary of the Air 
     Force may use the real property transferred under subsection 
     (a) as the location for an armed forces recreation facility 
     to be developed using nonappropriated funds.
       (2) The Secretary of the Air Force may return the 
     transferred property (or property acquired in exchange for 
     the transferred property under subsection (c)) to the 
     administrative jurisdiction of the Secretary of the Interior 
     at any time upon certifying that development of the armed 
     forces recreation facility would not be in the best interests 
     of the Government.
       (c) Subsequent Conveyance Authority.--(1) In lieu of 
     developing the armed forces recreation facility on the real 
     property transferred under subsection (a), the Secretary of 
     the Air Force may convey or lease the property to the State 
     of Utah, a local government, or a private entity in exchange 
     for other property to be used as the site of the facility.
       (2) The values of the properties exchanged by the Secretary 
     under this subsection either shall be equal, or if they are 
     not equal, the values shall be equalized by the payment of 
     money to the grantor or to the Secretary as the circumstances 
     require. The conveyance or lease shall be on such other terms 
     as the Secretary of the Air Force considers to be 
     advantageous to the development of the facility.
       (d) Alternative Development Authority.--The Secretary of 
     the Air Force may lease the real property transferred under 
     subsection (a), or any property acquired pursuant to 
     subsection (c), to another party and may enter into a 
     contract with the party for the design, construction, and 
     operation of the armed forces recreation facility. The 
     Secretary of the Air Force may authorize the contractor to 
     operate the facility as both a military and a commercial 
     operation if the Secretary determines that such an 
     authorization is a necessary incentive for the contractor to 
     agree to design, construct, and operate the facility.
       (e) Legal Description.--The exact acreage and legal 
     description of the real property to be transferred under 
     subsection (a) shall be determined by a survey. The cost of 
     the survey shall be borne by the Secretary of the Air Force.

     SEC. 2862. SELECTION OF SITE FOR UNITED STATES AIR FORCE 
                   MEMORIAL AND RELATED LAND TRANSFERS FOR THE 
                   IMPROVEMENT OF ARLINGTON NATIONAL CEMETERY, 
                   VIRGINIA.

       (a) Definitions.--In this section:
       (1) The term ``Arlington Naval Annex'' means the parcel of 
     Federal land located in Arlington County, Virginia, that is 
     subject to transfer to the administrative jurisdiction of the 
     Secretary of the Army under section 2881 of the Military 
     Construction Authorization Act for Fiscal Year 2000 (division 
     B of Public Law 106-65; 113 Stat. 879).
       (2) The term ``Foundation'' means the Air Force Memorial 
     Foundation, which was authorized in Public Law 103-163 (107 
     Stat. 1973; 40 U.S.C. 1003 note) to establish a memorial in 
     the District of Columbia or its environs to honor the men and 
     women who have served in the United States Air Force and its 
     predecessors.
       (3) The term ``Air Force Memorial'' means the United States 
     Air Force Memorial to be established by the Foundation.
       (4) The term ``Arlington Ridge tract'' means the parcel of 
     Federal land in Arlington County, Virginia, known as the 
     Nevius Tract and transferred to the Department of the 
     Interior in 1953, that is bounded generally by--
       (A) Arlington Boulevard (United States Route 50) to the 
     north;
       (B) Jefferson Davis Highway (Virginia Route 110) to the 
     east;
       (C) Marshall Drive to the south; and
       (D) North Meade Street to the west.
       (5) The term ``Section 29'' means a parcel of Federal land 
     in Arlington County, Virginia, that is currently administered 
     by the Secretary of the Interior within the boundaries of 
     Arlington National Cemetery and is identified as ``Section 
     29''.
       (b) Offer of Portion of Arlington Naval Annex as Site for 
     Air Force Memorial.--Within 60 days after the date of the 
     enactment of this Act, the Secretary of Defense shall offer 
     to the Foundation an option to use, without reimbursement, up 
     to three acres of the Arlington Naval Annex as the site 
     within which the Foundation will construct the Air Force 
     Memorial. The offered acreage shall include the promontory 
     adjacent to, and the land underlying, Wing 8 of Federal 
     Office Building #2 in the northeast quadrant of the Arlington 
     Naval Annex.
       (c) Acceptance or Rejection of Offer.--
       (1) Deadline.--Within 90 days after the date on which the 
     Secretary of Defense makes the offer required by subsection 
     (b), the Foundation shall provide written notice to the 
     Secretary of the decision of the Foundation to accept or 
     decline the offer.
       (2) Effect of acceptance.--Subject to subsection (d), if 
     the Foundation accepts the offer of the Secretary of Defense, 
     the Foundation shall relinquish all claims to the previously 
     approved location for the Air Force Memorial. No other 
     commemorative work may thereafter be established on the 
     Arlington Naval Annex property.
       (3) Effect of rejection.--If the Foundation declines the 
     offer of the Secretary of Defense, the Foundation may resume 
     its efforts to construct the Air Force Memorial on the 
     Arlington Ridge tract from the farthest point of progress. 
     Any administrative record compiled during previous 
     proceedings related to the siting of the memorial on the 
     Arlington Ridge tract pursuant to

[[Page 17435]]

     Public Law 103-163 (40 U.S.C. 1003 note), shall be preserved, 
     and all deadlines tolled, while the Foundation is considering 
     the offer of a site for the memorial within the Arlington 
     Naval Annex.
       (d) Preparation for and Construction of Air Force 
     Memorial.--
       (1) Preparation for construction.--Not later than two years 
     after the date on which the Foundation accepts the offer made 
     under subsection (b) and has available sufficient funds to 
     construct the Air Force Memorial, the Secretary of Defense, 
     in coordination with the Foundation, shall remove all 
     structures and prepare the Arlington Naval Annex site for use 
     as may be necessary to permit construction of the memorial 
     and appropriate access.
       (2) Construction of memorial.--Upon the removal of 
     structures and preparation of the property for use as 
     required by paragraph (1), the Secretary of Defense shall 
     permit the Foundation to commence construction of the Air 
     Force Memorial on the Arlington Naval Annex site.
       (3) Relation to other transfer authority.--Nothing in this 
     section alters the deadline for transfer of the Arlington 
     Naval Annex to the Secretary of the Army and remediation of 
     the transferred land for use as part of Arlington National 
     Cemetery, as required by section 2881 of the Military 
     Construction Authorization Act for Fiscal Year 2000.
       (4) Oversight.--The Secretary of Defense shall have 
     exclusive authority in all matters relating to approval of 
     the siting and design of the Air Force Memorial on the 
     Arlington Naval Annex site, and the siting, design, and 
     construction of the memorial on such site shall not be 
     subject to the requirements of the Commemorative Works Act 
     (40 U.S.C. 1001 et seq.).
       (e) Access and Management of Resulting Air Force 
     Memorial.--The Secretary of the Army may enter into a 
     cooperative agreement with the Foundation to provide for 
     management of the Air Force Memorial constructed on the 
     Arlington Naval Annex site and to guarantee public access to 
     the memorial.
       (f) Land Transfer, Arlington Ridge Tract.--
       (1) Transfer required.--Within 30 days after the date of 
     the enactment of this Act, the Secretary of the Interior 
     shall transfer, without reimbursement, to the Secretary of 
     the Army administrative jurisdiction over the Arlington Ridge 
     tract.
       (2) Use of land.--The Secretary of the Army shall 
     incorporate the Arlington Ridge tract into Arlington National 
     Cemetery and may designate and use up to 15 acres of that 
     portion of the tract east of the Netherlands Carillon and 
     Marine Corps Memorial as new in-ground burial sites, for both 
     full casket and cremated remains, for the burial of eligible 
     individuals in Arlington National Cemetery. Burial sites 
     shall not be developed within 50 feet of the pathway, in 
     existence as of the date of the enactment of this Act, that 
     connects the Netherlands Carillon and the Marine Corps 
     Memorial or the existing roadway that circles the Marine 
     Corps Memorial. No other structures shall be permitted on the 
     Arlington Ridge tract.
       (3) Access and management of existing memorials.--The 
     Secretary of the Army and the Secretary of the Interior shall 
     enter into a cooperative agreement to continue National Park 
     Service management of the Netherlands Carillon and the Marine 
     Corps Memorial and to guarantee public access to these 
     locations.
       (g) Land Transfer, Section 29.--
       (1) Transfer required.--Within 30 days after the date of 
     the enactment of this Act, the Secretary of the Interior 
     shall transfer, without reimbursement, to the Secretary of 
     the Army administrative jurisdiction over that portion of 
     Section 29 located more than 50 feet from Sherman Drive and 
     located between Ord and Weitzel Drive and the southern 
     boundary of Section 29.
       (2) Use of land.--The Secretary of the Army shall use the 
     transferred property only for the development of in-ground 
     burial sites and columbarium which are designed to meet the 
     contours of Section 29. The Secretary of the Army shall 
     preserve the natural setting of the parcel and the mature 
     trees on the parcel to the greatest extent practicable while 
     providing for its efficent use as burial space.
       (3) Management of remainder.--The Secretary of the Army and 
     the Secretary of the Interior shall enter into a cooperative 
     agreement to continue National Park Service management of 
     that portion of Section 29 that is not transferred under this 
     subsection to provide a natural setting and visual buffer for 
     Arlington House, the Robert E. Lee Memorial.
       (h) Removal of Arlington Naval Annex as Possible National 
     Military Museum Site.--
       (1) Existing navy annex transfer.--Section 2881 of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 879) is amended--
       (A) in subsection (b)--
       (i) by striking ``(1) Subject to paragraph (2), the'' and 
     inserting ``The''; and
       (ii) by striking paragraph (2);
       (B) by striking subsections (d), (e), and (f); and
       (C) by redesignating subsections (g) and (h) as subsections 
     (d) and (e), respectively.
       (2) Commission on National Military Museum.--Section 2902 
     of the Military Construction Authorization Act for Fiscal 
     Year 2000 (division B of Public Law 106-65; 113 Stat. 881; 10 
     U.S.C. 111 note) is amended by striking subsection (d) and 
     inserting the following new subsection:
       ``(d) Prohibition on Consideration of Arlington Naval 
     Annex.--The Commission may not consider any portion of the 
     Navy Annex property described in section 2881 as a possible 
     site for a national military museum.''.

     SEC. 2863. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO.

       (a) Authority To Lease Certain Housing Units for Use as 
     Army Housing.--Title I of division I of the Omnibus Parks and 
     Public Lands Management Act of 1996 (Public Law 104-333; 16 
     U.S.C. 460bb note) is amended by adding at the end the 
     following new section:

     ``SEC. 107. AUTHORITY TO LEASE CERTAIN HOUSING UNITS WITHIN 
                   THE PRESIDIO.

       ``(a) Availability of Housing Units for Army Lease.--The 
     Trust shall make available for lease, to those persons 
     designated by the Secretary of the Army, housing units 
     specified in subsection (b).
       ``(b) Housing Units.--The housing units referred to in this 
     section are identified as follows:
       ``(1) Liggett 715 A&B, 716 A&B, 717 A&B, 718 A&B, 719 A&B, 
     and 720 A&B.
       ``(2) West Washington 1401 A&B, 1403 A&B, and 1405 B.
       ``(3) Infantry Terrace 340, 341, 342, and 343.
       ``(4) Wright Loop 1332.
       ``(c) Replacement of Damaged or Destroyed Housing Units.--
     In the event of significant damage to or destruction of a 
     housing unit specified in subsection (b), the Trust shall 
     provide a substitute housing unit of equal size and 
     accommodation.
       ``(d) Lease Amount.--The monthly amount charged by the 
     Trust for the lease of a housing unit, including utilities 
     and municipal services, under this section shall not exceed 
     the monthly rate of the basic allowance for housing that the 
     occupant of the housing unit is entitled to receive under 
     section 403 of title 37, United States Code. The Department 
     of the Army shall have no other fiscal obligations with 
     regard to the housing units specified in subsection (b) or 
     housing units replaced pursuant to subsection (c).
       ``(e) Relations to Trust Funding Limitations.--The Trust 
     shall comply with this section without regard to the 
     requirement of section 105(b) that the Trust achieve 
     financial self-sufficiency.''.
       (b) Increased Borrowing Authority.--Section 104(d)(3) of 
     title I of division I of the Omnibus Parks and Public Lands 
     Management Act of 1996, as redesignated by section 101(13)(G) 
     of the Omnibus Parks Technical Corrections Act of 2000 
     (Public Law 106-176; 114 Stat. 25), is amended--
       (1) by striking ``$50,000,000'' and inserting 
     ``$150,000,000''; and
       (2) by striking ``paragraph (3) of''.

     SEC. 2864. EFFECT OF LIMITATION ON CONSTRUCTION OF ROADS OR 
                   HIGHWAYS, MARINE CORPS BASE, CAMP PENDLETON, 
                   CALIFORNIA.

       Section 2851 of the Military Construction Authorization Act 
     for Fiscal Year 1999 (division B of Public Law 105-261; 112 
     Stat. 2219), as amended by section 2881 of the Spence Act 
     (114 Stat. 1654A-438), is amended by adding at the end the 
     following new subsection:
       ``(g) Limitation on Construction of Roads or Highways.--If 
     a State law enacted after January 1, 2001, directly or 
     indirectly prohibits or restricts the construction or 
     approval of a road or highway within the easement granted 
     under this section, the State law shall not be effective with 
     respect to such construction or approval.''.

     SEC. 2865. ESTABLISHMENT OF WORLD WAR II MEMORIAL AT 
                   ADDITIONAL LOCATION ON GUAM.

       Section 2886 of the Military Construction Authorization Act 
     for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 
     1654A-441) is amended--
       (1) in subsection (a), by inserting ``, and on Federal 
     lands near Yigo,'' after ``Fena Caves'';
       (2) in the heading of subsection (b), by striking 
     ``Memorial'' and inserting ``Memorials''; and
       (3) in subsections (b) and (c), by striking ``memorial'' 
     each place it appears and inserting ``memorials''.

            TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL

     SEC. 2901. SHORT TITLE.

       This title may be cited as the ``Fort Irwin Military Land 
     Withdrawal Act of 2001''.

     SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR NATIONAL 
                   TRAINING CENTER.

       (a) Withdrawal.--Subject to valid existing rights and 
     except as otherwise provided in this title, all public lands 
     and interests in lands described in subsection (c) are hereby 
     withdrawn from all forms of appropriation under the general 
     land laws, including the mining laws and mineral and 
     geothermal leasing laws, and jurisdiction over such lands and 
     interests in lands withdrawn and reserved by this title is 
     hereby transferred to the Secretary of the Army.
       (b) Reservation.--The lands withdrawn under subsection (a) 
     are reserved for use by the Secretary of the Army for the 
     following purposes:
       (1) The conduct of combined arms military training at the 
     National Training Center.
       (2) The development and testing of military equipment at 
     the National Training Center.
       (3) Other defense-related purposes consistent with the 
     purposes specified in paragraphs (1) and (2).
       (4) Conservation and related research purposes.
       (c) Land Description.--The public lands and interests in 
     lands withdrawn and reserved by this section comprise 
     approximately 110,000

[[Page 17436]]

     acres in San Bernardino County, California, as generally 
     depicted as ``Proposed Withdrawal Land'' on the map entitled 
     ``National Training Center--Proposed Withdrawal of Public 
     Lands for Training Purposes,'' dated September 21, 2000, and 
     filed in accordance with section 2903.
       (d) Changes in Use.--The Secretary of the Army shall 
     consult with the Secretary of the Interior before using the 
     lands withdrawn and reserved by this section for any purpose 
     other than those purposes identified in subsection (b).
       (e) Indian Tribes.--Nothing in this title shall be 
     construed as altering any rights reserved for tribal use by 
     treaty or Federal law. The Secretary of the Army shall 
     consult with federally recognized Indian tribes in the 
     vicinity of the lands withdrawn under subsection (a) before 
     taking action affecting rights or cultural resources 
     protected by treaty or Federal law.

     SEC. 2903. MAP AND LEGAL DESCRIPTION.

       (a) Preparation of Map and Legal Description.--As soon as 
     practicable after the date of the enactment of this Act, the 
     Secretary of the Interior shall--
       (1) publish in the Federal Register a notice containing the 
     legal description of the lands withdrawn and reserved by this 
     title; and
       (2) file a map and legal description of the lands withdrawn 
     and reserved by this title with the Committee on Energy and 
     Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives.
       (b) Legal Effect.--The map and legal description shall have 
     the same force and effect as if included in this title, 
     except that the Secretary of the Interior may correct 
     clerical and typographical errors in the map and legal 
     description.

       (c) Availability.--Copies of the map and the legal 
     description shall be available for public inspection in the 
     following offices:
       (1) The offices of the California State Director, 
     California Desert District Office, and Riverside and Barstow 
     Field Offices of the Bureau of Land Management.
       (2) The Office of the Commander, National Training Center 
     and Fort Irwin.
       (d) Costs.--The Secretary of the Army shall reimburse the 
     Secretary of the Interior for the costs incurred by the 
     Secretary of the Interior in implementing this section.

     SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.

       (a) General Management Authority.--During the period of the 
     withdrawal and reservation made by this title, the Secretary 
     of the Army shall manage the lands withdrawn and reserved by 
     this title for the purposes specified in section 2902.
       (b) Temporary Prohibition on Certain Use.--Military use of 
     the lands withdrawn and reserved by this title that result in 
     ground disturbance, as determined by the Secretary of the 
     Army and the Secretary of the Interior, are prohibited until 
     the Secretary of the Army and the Secretary of the Interior 
     certify to Congress that there has been full compliance with 
     respect to such lands with the appropriate provisions of this 
     title, the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), and other applicable laws.
       (c) Access Restrictions.--
       (1) In general.--If the Secretary of the Army determines 
     that military operations, public safety, or national security 
     require the closure to the public of any road, trail, or 
     other portion of the lands withdrawn and reserved by this 
     title, the Secretary may take such action as the Secretary 
     determines necessary or desirable to effect and maintain such 
     closure.
       (2) Limitation.--Any closure under paragraph (1) shall be 
     limited to the minimum areas and periods that the Secretary 
     of the Army determines are required for the purposes 
     specified in such paragraph.
       (3) Notice.--Immediately preceding and during any closure 
     under paragraph (1), the Secretary of the Army shall post 
     appropriate warning notices and take other steps, as 
     necessary, to notify the public of the closure.
       (d) Integrated Natural Resources Management Plan.--The 
     Secretary of the Army shall prepare and implement, in 
     accordance with title I of the Sikes Act (16 U.S.C. 670 et 
     seq.), an integrated natural resources management plan for 
     the lands withdrawn and reserved by this title. In addition 
     to the elements required under the Sikes Act, the integrated 
     natural resources management plan shall include the 
     following:
       (1) A requirement that any hunting, fishing, and trapping 
     on the lands withdrawn and reserved by this title be 
     conducted in accordance with section 2671 of title 10, United 
     States Code.
       (2) A requirement that the Secretary of the Army take 
     necessary actions to prevent, suppress, and manage brush and 
     range fires occurring within the boundaries of Fort Irwin and 
     brush and range fires occurring outside the boundaries of 
     Fort Irwin that result from military activities at Fort 
     Irwin.
       (e) Firefighting.--Notwithstanding section 2465 of title 
     10, United States Code, the Secretary of the Army may 
     obligate funds appropriated or otherwise available to the 
     Secretary of the Army to enter into a memorandum of 
     understanding, cooperative agreement, or contract for fire 
     fighting services to carry out the requirements of subsection 
     (d)(2). The Secretary of the Army shall reimburse the 
     Secretary of the Interior for costs incurred by the Secretary 
     of the Interior to assist in carrying out the requirements of 
     such subsection.
       (f) Consultation With National Aeronautics and Space 
     Administration.--In preparing and implementing any plan, 
     report, assessment, survey, opinion, or impact statement 
     regarding the lands withdrawn and reserved by this title, the 
     Secretary of the Army shall consult with the Administrator of 
     the National Aeronautics and Space Administration whenever 
     proposed Army actions have the potential to affect the 
     operations or the environmental management of the Goldstone 
     Deep Space Communications Complex. The requirement for 
     consultation shall apply, at a minimum, to the following:
       (1) Plans for military training, military equipment 
     testing, or related activities that have the potential of 
     impacting communications between Goldstone Deep Space 
     Communications Complex and space flight missions or other 
     transmission or receipt of signals from outer space by the 
     Goldstone Deep Space Communications Complex.
       (2) The integrated natural resources management plan 
     required by subsection (d).
       (3) The West Mojave Coordinated Management Plan referred to 
     in section 2907.
       (4) Any document prepared in compliance with the Endangered 
     Species Act of 1973, the National Environmental Policy Act of 
     1969, and other laws applicable to the lands withdrawn and 
     reserved by this title.
       (g) Use of Mineral Materials.--Notwithstanding any other 
     provision of this title or the Act of July 31, 1947 (commonly 
     known as the Materials Act of 1947, 30 U.S.C. 601 et seq.), 
     the Secretary of the Army may use sand, gravel, or similar 
     mineral material resources of the type subject to disposition 
     under such Act from the lands withdrawn and reserved by this 
     title if the use of such resources is required for 
     construction needs of the National Training Center.

     SEC. 2905. WATER RIGHTS.

       (a) No Reserved Water Right Established.--Nothing in this 
     title shall be construed--
       (1) to establish a reservation in favor of the United 
     States with respect to any water or water right on the lands 
     withdrawn and reserved by this title; or
       (2) to authorize the appropriation of water on such lands 
     by the United States after the date of the enactment of this 
     Act, except in accordance with applicable State law.
       (b) Effect on Previously Acquired or Reserved Water 
     Rights.--This section shall not be construed to affect any 
     water rights acquired or reserved by the United States before 
     the date of the enactment of this Act, and the Secretary of 
     the Army may exercise any such previously acquired or 
     reserved water rights.

     SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL 
                   RESPONSE REQUIREMENTS.

       (a) Agreement Concerning Environment and Public Health.--
     The Secretary of the Army and the Secretary of the Interior 
     may enter into such agreements concerning the environment and 
     public health as are necessary, appropriate, and in the 
     public interest to carry out the purposes of this title.
       (b) Relation to Other Environmental Laws.--Nothing in this 
     section shall be construed to alter the rights, 
     responsibilities, and obligations of the Secretary of the 
     Army or the Secretary of the Interior under the Comprehensive 
     Environmental Response, Compensation and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.) or other environmental laws 
     applicable to the lands withdrawn and reserved by this title.

     SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN.

       (a) Completion.--The Secretary of the Interior shall make 
     every effort to complete the West Mojave Coordinated 
     Management Plan not later than two years after the date of 
     the enactment of this Act.
       (b) Consideration of Withdrawal and Reservation Impacts.--
     The Secretary of the Interior shall ensure that the West 
     Mojave Coordinated Management Plan considers the impacts of 
     the availability or nonavailability of the lands withdrawn 
     and reserved by this title on the plan as a whole.
       (c) Consultation.--The Secretary of the Interior shall 
     consult with the Secretary of the Army and the Administrator 
     of the National Aeronautics and Space Administration in the 
     development of the West Mojave Coordinated Management Plan.

     SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.

       Congress hereby finds and directs that lands withdrawn and 
     reserved by this title have been adequately studied for 
     wilderness designation pursuant to section 603(c) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1782(c)), and are no longer subject to the requirement of 
     such section pertaining to the management of wilderness study 
     areas in a manner that does not impair the suitability of 
     such areas for preservation as wilderness.

     SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY 
                   CORRIDORS.

       (a) Required Separation.--All military ground activity 
     training on the lands withdrawn and reserved by this title 
     shall remain at least 500 meters from any utility system, in 
     existence as of the date of the enactment of this Act, in 
     Utility Planning Corridor D, as described in the California 
     Desert Conservation Area Plan, dated 1980 and subsequently 
     amended.
       (b) Exception.--Subsection (a) does not modify the use of 
     any lands used, as of the date of the enactment of this Act, 
     by the National Training Center for training or alter any 
     right of access granted by interagency agreement.

     SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.

       (a) Termination Date.--Unless extended pursuant to section 
     2911, unless relinquishment is

[[Page 17437]]

     postponed by the Secretary of the Interior pursuant to 
     section 2912(b), and except as provided in section 2912(d), 
     the withdrawal and reservation made by this title shall 
     terminate 25 years after the date of the enactment of this 
     Act.
       (b) Limitation on Subsequent Availability for 
     Appropriation.--At the time of termination of the withdrawal 
     and reservation made by this title, the previously withdrawn 
     lands shall not be open to any forms of appropriation under 
     the general land laws, including the mining laws and the 
     mineral and geothermal leasing laws, until the Secretary of 
     the Interior publishes in the Federal Register an appropriate 
     order that shall state the date upon which such lands shall 
     be restored to the public domain and opened.

     SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.

       (a) Notification Requirement.--Not later than three years 
     before the termination date specified in section 2910(a), the 
     Secretary of the Army shall notify Congress and the Secretary 
     of the Interior concerning whether the Army will have a 
     continuing military need, beyond the termination date, for 
     all or any portion of the lands withdrawn and reserved by 
     this title.
       (b) Process for Extension of Withdrawal and Reservation.--
       (1) Consultation and application.--If the Secretary of the 
     Army determines that there will be a continuing military need 
     after the termination date for any of the lands withdrawn and 
     reserved by this title, the Secretary of the Army shall--
       (A) consult with the Secretary of the Interior concerning 
     any adjustments to be made to the extent of, or to the 
     allocation of management responsibility for, such needed 
     lands; and
       (B) file with the Secretary of the Interior, within one 
     year after the notice required by subsection (a), an 
     application for extension of the withdrawal and reservation 
     of such needed lands.
       (2) Application requirements.--Notwithstanding any general 
     procedure of the Department of the Interior for processing 
     Federal land withdrawals, an application for extension of the 
     land withdrawal and reservation made by this title shall be 
     considered to be complete if the application includes the 
     information required by section 3 of Public Law 85-337 
     (commonly known as the Engle Act; 43 U.S.C. 157), except that 
     no information shall be required concerning the use or 
     development of mineral, timber, or grazing resources unless, 
     and only to the extent, the Secretary of the Army proposes to 
     use or develop such resources during the period of extension.
       (c) Submission of Proposed Extension to Congress.--The 
     Secretary of the Interior and the Secretary of the Army may 
     submit to Congress a legislative proposal for the extension 
     of the withdrawal and reservation made by this title. The 
     legislative proposal shall be accompanied by an appropriate 
     analysis of environmental impacts associated with the 
     proposal, as required by section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

     SEC. 2912. TERMINATION AND RELINQUISHMENT.

       (a) Notice of Termination.--During the first 22 years of 
     the withdrawal and reservation made by this title, if the 
     Secretary of the Army determines that there is no continuing 
     military need for the lands withdrawn and reserved by this 
     title, or any portion of such lands, the Secretary of the 
     Army shall submit to the Secretary of the Interior a notice 
     of intent to relinquish jurisdiction over such lands. The 
     notice shall specify the proposed date of relinquishment.
       (b) Acceptance of Jurisdiction.--The Secretary of the 
     Interior may accept jurisdiction over any lands covered by a 
     notice under subsection (a) if the Secretary of the Interior 
     determines that the Secretary of the Army has taken or will 
     take all environmental response and restoration activities 
     required under applicable laws and regulations.
       (c) Notice of Acceptance.--If the Secretary of the Interior 
     decides to accept jurisdiction over lands covered by a notice 
     under subsection (a) before the termination date of the 
     withdrawal and reservation, the Secretary shall publish in 
     the Federal Register an appropriate order that shall--
       (1) terminate the withdrawal and reservation of such lands 
     under this title;
       (2) constitute official acceptance of administrative 
     jurisdiction over the lands by the Secretary of the Interior; 
     and
       (3) state the date upon which such lands shall be opened to 
     the operation of the general land laws, including the mining 
     laws and the mineral and geothermal leasing laws, if 
     appropriate.
       (d) Retained Army Jurisdiction.--Notwithstanding the 
     termination date specified in section 2910, unless and until 
     the Secretary of the Interior accepts jurisdiction of land 
     proposed for relinquishment pursuant to this section, such 
     land shall remain withdrawn and reserved for the Secretary of 
     the Army for the limited purposes of environmental response 
     and restoration actions under section 2906 and continued land 
     management responsibilities pursuant to the integrated 
     natural resources management plan required under section 
     2904, until such environmental response and restoration 
     activities on those lands are completed.
       (e) Severability of Functions.--All functions described 
     under this section, including transfers, relinquishments, 
     extensions, and other determinations, may be made on a 
     parcel-by-parcel basis.

     SEC. 2913. DELEGATION OF AUTHORITY.

       (a) Secretary of the Army.--The Secretary of the Army may 
     delegate to officials in the Department of the Army such 
     functions as the Secretary of the Army may determine 
     appropriate to carry out this title.
       (b) Secretary of the Interior.--The functions of the 
     Secretary of the Interior under this title may be delegated, 
     except that the order described in section 2912(c) may be 
     approved and signed only by the Secretary of the Interior, 
     the Deputy Secretary of the Interior, or an Assistant 
     Secretary of the Department of the Interior.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2002 for the activities 
     of the National Nuclear Security Administration in carrying 
     out programs necessary for national security in the amount of 
     $6,859,895,000, to be allocated as follows:
       (1) Weapons activities.--For weapons activities, 
     $5,369,488,000, to be allocated as follows:
       (A) For stewardship operation and maintenance, 
     $4,527,192,000, to be allocated as follows:
       (i) For directed stockpile work, $1,043,791,000.
       (ii) For campaigns, $2,036,413,000, to be allocated as 
     follows:

       (I) For operation and maintenance, $1,653,441,000.
       (II) For construction, $382,972,000, to be allocated as 
     follows:

       Project 01-D-101, distributed information systems 
     laboratory, Sandia National Laboratories, Livermore, 
     California, $5,400,000.
       Project 00-D-103, terascale simulation facility, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $20,000,000.
       Project 00-D-105, strategic computing complex, Los Alamos 
     National Laboratory, Los Alamos, New Mexico, $11,070,000.
       Project 00-D-107, joint computational engineering 
     laboratory, Sandia National Laboratories, Albuquerque, New 
     Mexico, $5,377,000.
       Project 98-D-125, tritium extraction facility, Savannah 
     River Plant, Aiken, South Carolina, $81,125,000.
       Project 98-D-126, accelerator production of tritium (APT), 
     various locations, $15,000,000.
       Project 96-D-111, national ignition facility (NIF), 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $245,000,000.
       (iii) For readiness in technical base and facilities, 
     $1,446,988,000, to be allocated as follows:

       (I) For operation and maintenance, $1,292,324,000.
       (II) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $154,664,000, to be allocated as follows:

       Project 02-D-101, microsystems and engineering sciences 
     applications (MESA), Sandia National Laboratories, 
     Albuquerque, New Mexico, $2,000,000.
       Project 02-D-103, project engineering and design (PED), 
     various locations, $9,180,000.
       Project 02-D-107, electrical power systems safety 
     communications and bus upgrades, Nevada Test Site, Nevada, 
     $3,507,000.
       Project 01-D-103, preliminary project design and 
     engineering, various locations, $45,379,000.
       Project 01-D-124, highly enriched uranium (HEU) materials 
     storage facility, Y-12 Plant, Oak Ridge, Tennessee, 
     $9,500,000.
       Project 01-D-126, weapons evaluation test laboratory, 
     Pantex Plant, Amarillo, Texas, $7,700,000.
       Project 01-D-800, sensitive compartmented information 
     facility, Lawrence Livermore National Laboratory, Livermore, 
     California, $12,993,000.
       Project 99-D-103, isotope sciences facilities, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $4,400,000.
       Project 99-D-104, protection of real property (roof 
     reconstruction, phase II), Lawrence Livermore National 
     Laboratory, Livermore, California, $2,800,000.
       Project 99-D-106, model validation and system certification 
     center, Sandia National Laboratories, Albuquerque, New 
     Mexico, $4,955,000.
       Project 99-D-125, replace boilers and controls, Kansas City 
     Plant, Kansas City, Missouri, $300,000.
       Project 99-D-127, stockpile management restructuring 
     initiative, Kansas City plant, Kansas City, Missouri, 
     $22,200,000.
       Project 99-D-128, stockpile management restructuring 
     initiative, Pantex Plant, Amarillo, Texas, $3,300,000.
       Project 98-D-123, stockpile management restructuring 
     initiative, tritium facility modernization and consolidation, 
     Savannah River Plant, Aiken, South Carolina, $13,700,000.
       Project 98-D-124, stockpile management restructuring 
     initiative, Y-12 consolidation, Oak Ridge, Tennessee, 
     $6,850,000.
       Project 97-D-123, structural upgrades, Kansas City Plant, 
     Kansas City, Missouri, $3,000,000.
       Project 96-D-102, stockpile stewardship facilities 
     revitalization, Phase VI, various locations, $2,900,000.
       (B) For facilities and infrastructure, $50,600,000.
       (C) For secure transportation asset, $121,800,000, to be 
     allocated as follows:
       (i) For operation and maintenance, $77,571,000.

[[Page 17438]]

       (ii) For program direction, $44,229,000.
       (D) For safeguards and security, $448,881,000, to be 
     allocated as follows:
       (i) For operations and maintenance, $439,281,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $9,600,000, to be allocated as follows:

       Project 99-D-132, stockpile management restructuring 
     initiative, nuclear material safeguards and security upgrades 
     project, Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $9,600,000.

       (E) For program direction, $250,000,000.
       (F) The total amount authorized by this paragraph is the 
     sum of the amounts authorized to be appropriated by 
     subparagraphs (A) through (E), reduced by $28,985,000, to be 
     derived from a security charge for reimbursable work.
       (2) Defense nuclear nonproliferation.--For other nuclear 
     security activities, $773,700,000, to be allocated as 
     follows:
       (A) For nonproliferation and verification research and 
     development, $206,102,000, to be allocated as follows:
       (i) For operation and maintenance, $170,296,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $35,806,000, to be allocated as follows:

       Project 00-D-192, nonproliferation and international 
     security center (NISC), Los Alamos National Laboratory, Los 
     Alamos, New Mexico, $35,806,000.

       (B) For arms control, $101,500,000.
       (C) For international materials protection, control, and 
     accounting, $138,800,000.
       (D) For highly enriched uranium transparency 
     implementation, $13,950,000.
       (E) For international nuclear safety, $10,800,000.
       (F) For fissile materials control and disposition, 
     $293,089,000, to be allocated as follows:
       (i) For United States surplus fissile materials 
     disposition, $236,089,000, to be allocated as follows:

       (I) For operation and maintenance, $130,089,000.
       (II) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $106,000,000, to be allocated as follows:

       Project 01-D-407, highly enriched uranium blend-down, 
     Savannah River Site, Aiken, South Carolina, $24,000,000.
       Project 99-D-141, pit disassembly and conversion facility, 
     Savannah River Site, Aiken, South Carolina, $16,000,000.
       Project 99-D-143, mixed oxide fuel fabrication facility, 
     Savannah River Site, Aiken, South Carolina, $63,000,000.
       Project 99-D-142, immobilization and associated processing 
     facility, Savannah River Site, Aiken, South Carolina, 
     $3,000,000.
       (ii) For Russian surplus fissile materials disposition, 
     $57,000,000, to be allocated as follows:

       (I) For Russian plutonium disposition, and support and 
     oversight in the United States, $56,000,000.
       (II) For advanced reactor technology, $1,000,000.

       (G) For program direction, $51,459,000.
       (H) The total amount authorized by this paragraph is the 
     sum of the amounts authorized to be appropriated by 
     subparagraphs (A) through (G), reduced by $42,000,000, to be 
     derived from offsets and use of prior year balances.
       (3) Naval reactors.--For naval reactors, $688,045,000, to 
     be allocated as follows:
       (A) For naval reactors development, $665,445,000, to be 
     allocated as follows:
       (i) For operation and maintenance, $652,245,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $13,200,000, to be allocated as follows:

       Project 01-D-200, major office replacement building, 
     Schenectady, New York, $9,000,000.
       Project 90-N-102, expended core facility dry cell project, 
     Naval Reactors Facility, Idaho, $4,200,000.

       (B) For program direction, $22,600,000.
       (4) Defense nuclear counterintelligence.--For defense 
     nuclear counterintelligence, $13,662,000.
       (5) Office of administrator for nuclear security.--For the 
     Office of the Administrator for Nuclear Security, for program 
     direction, $15,000,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 
                   MANAGEMENT.

       (a) In General.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 2002 
     for environmental restoration and waste management activities 
     in carrying out programs necessary for national security in 
     the amount of $4,646,427,000, to be allocated as follows:
       (1) Closure projects.--For closure projects carried out in 
     accordance with section 3143 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2836; 42 U.S.C. 7277n), $1,050,538,000.
       (2) Site/project completion.--For site completion and 
     project completion in carrying out environmental management 
     activities necessary for national security programs, 
     $920,196,000, to be allocated as follows:
       (A) For operation and maintenance, $872,030,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $48,166,000, to be allocated as follows:
       Project 02-D-420, FB line plutonium stabilization and 
     packaging, Savannah River Site, Aiken, South Carolina, 
     $20,000,000.
       Project 01-D-402, Intec cathodic protection system 
     expansion, Idaho National Engineering and Environmental 
     Laboratory, Idaho Falls, Idaho, $3,256,000.
       Project 01-D-414, preliminary project, engineering and 
     design (PE&D), various locations, $10,254,000.
       Project 99-D-402, tank farm support services, F&H areas, 
     Savannah River Site, Aiken, South Carolina, $5,040,000.
       Project 99-D-404, health physics instrumentation 
     laboratory, Idaho National Engineering and Environmental 
     Laboratory, Idaho Falls, Idaho, $2,700,000.
       Project 98-D-453, plutonium stabilization and handling 
     system for plutonium finishing plant, Richland, Washington, 
     $1,910,000.
       Project 96-D-471, chlorofluorocarbon heating, ventilation, 
     and air conditioning and chiller retrofit, Savannah River 
     Site, Aiken, South Carolina, $4,244,000.
       Project 86-D-103, decontamination and waste treatment 
     facility, Lawrence Livermore National Laboratory, Livermore, 
     California, $762,000.
       (3) Post-2006 completion.--For post-2006 completion in 
     carrying out environmental restoration and waste management 
     activities necessary for national security programs, 
     $3,021,201,000, to be allocated as follows:
       (A) For operation and maintenance, $1,761,979,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $6,754,000, to be allocated as follows:
       Project 93-D-187, high-level waste removal from filled 
     waste tanks, Savannah River Site, Aiken, South Carolina, 
     $6,754,000.
       (C) For the Office of River Protection in carrying out 
     environmental restoration and waste management activities 
     necessary for national security programs, $832,468,000, to be 
     allocated as follows:
       (i) For operation and maintenance, $272,151,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $560,317,000, to be allocated as follows:

       Project 01-D-416, waste treatment and immobilization plant, 
     Richland, Washington, $520,000,000.
       Project 97-D-402, tank farm restoration and safe 
     operations, Richland, Washington, $33,473,000.
       Project 94-D-407, initial tank retrieval systems, Richland, 
     Washington, $6,844,000.

       (4) Science and technology development.--For science and 
     technology development in carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs, $196,000,000.
       (5) Excess facilities.--For excess facilities in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs, $1,300,000.
       (6) Safeguards and security.--For safeguards and security 
     in carrying out environmental restoration and waste 
     management activities necessary for national security 
     programs, $205,621,000.
       (7) Program direction.--For program direction in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs, $355,761,000.
       (b) Adjustment.--The total amount authorized to be 
     appropriated by subsection (a) is the sum of the amounts 
     authorized to be appropriated by paragraphs (1) through (7) 
     of that subsection, reduced by $53,652,000, to be derived 
     from offsets and use of prior year balances.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 2002 
     for other defense activities in carrying out programs 
     necessary for national security in the amount of 
     $502,099,000, to be allocated as follows:
       (1) Intelligence.--For intelligence, $40,844,000.
       (2) Counterintelligence.--For counterintelligence, 
     $32,727,000.
       (3) Security and emergency operations.--For security and 
     emergency operations, $269,250,000, to be allocated as 
     follows:
       (A) For nuclear safeguards and security, $121,188,000.
       (B) For security investigations, $44,927,000.
       (C) For corporate management information programs, 
     $20,000,000.
       (D) For program direction, $83,135,000.
       (4) Independent oversight and performance assurance.--For 
     independent oversight and performance assurance, $14,904,000.
       (5) Environment, safety, and health.--For the Office of 
     Environment, Safety, and Health, $105,293,000, to be 
     allocated as follows:
       (A) For environment, safety, and health (defense), 
     $84,500,000.

[[Page 17439]]

       (B) For program direction, $20,793,000.
       (6) Worker and community transition assistance.--For worker 
     and community transition assistance, $21,900,000, to be 
     allocated as follows:
       (A) For worker and community transition, $19,000,000.
       (B) For program direction, $2,900,000.
       (7) Office of hearings and appeals.--For the Office of 
     Hearings and Appeals, $2,893,000.
       (8) National security programs administrative support.--For 
     national security programs administrative support, 
     $25,000,000.
       (b) Adjustment.--The amount authorized to be appropriated 
     pursuant to subsection (a) is the total of the amounts 
     authorized to be appropriated by paragraphs (1) through (8) 
     of that subsection, reduced by $10,712,000, of which 
     $10,000,000 is to reflect an offset provided by use of prior 
     year balances and $712,000 is to reflect an offset provided 
     by user organizations for security investigations.

     SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2002 for privatization 
     initiatives in carrying out environmental restoration and 
     waste management activities necessary for national security 
     programs in the amount of $126,208,000, to be allocated as 
     follows:
       Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
     Falls, Idaho, $49,332,000.
       Project 97-PVT-2, advanced mixed waste treatment project 
     Idaho Falls, Idaho, $40,000,000.
       Project 97-PVT-3, transuranic waste treatment, Oak Ridge, 
     Tennessee, $10,826,000.
       Project 98-PVT-5, environmental management/waste management 
     disposal, Oak Ridge, Tennessee, $26,050,000.

     SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2002 for payment to the 
     Nuclear Waste Fund established in section 302(c) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the 
     amount of $310,000,000.

                Subtitle B--Recurring General Provisions

     SEC. 3121. REPROGRAMMING.

       (a) In General.--Until the Secretary of Energy submits to 
     the congressional defense committees the report referred to 
     in subsection (b) and a period of 30 days has elapsed after 
     the date on which such committees receive the report, the 
     Secretary may not use amounts appropriated pursuant to this 
     title for any program--
       (1) in amounts that exceed, in a fiscal year, the amount 
     authorized for that program by this title; or
       (2) which has not been presented to, or requested of, 
     Congress.
       (b) Report.--(1) The report referred to in subsection (a) 
     is a report containing a full and complete statement of the 
     action proposed to be taken and the facts and circumstances 
     relied upon in support of the proposed action.
       (2) In the computation of the 30-day period under 
     subsection (a), there shall be excluded any day on which 
     either House of Congress is not in session because of an 
     adjournment of more than 3 days to a day certain.
       (c) Limitations.--(1) In no event may the total amount of 
     funds obligated pursuant to this title exceed the total 
     amount authorized to be appropriated by this title.
       (2) Funds appropriated pursuant to this title may not be 
     used for an item for which Congress has specifically denied 
     funds.

     SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

       (a) In General.--The Secretary of Energy may carry out any 
     construction project under the general plant projects 
     authorized by this title if the total estimated cost of the 
     construction project does not exceed $5,000,000.
       (b) Report to Congress.--If, at any time during the 
     construction of any general plant project authorized by this 
     title, the estimated cost of the project is revised because 
     of unforeseen cost variations and the revised cost of the 
     project exceeds $5,000,000, the Secretary shall immediately 
     furnish a report to the congressional defense committees 
     explaining the reasons for the cost variation.

     SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

       (a) In General.--(1) Except as provided in paragraph (2), 
     construction on a construction project may not be started or 
     additional obligations incurred in connection with the 
     project above the total estimated cost, whenever the current 
     estimated cost of the construction project, authorized by 
     3101, 3102, or 3103, or which is in support of national 
     security programs of the Department of Energy and was 
     authorized by any previous Act, exceeds by more than 25 
     percent the higher of--
       (A) the amount authorized for the project; or
       (B) the amount of the total estimated cost for the project 
     as shown in the most recent budget justification data 
     submitted to Congress.
       (2) An action described in paragraph (1) may be taken if--
       (A) the Secretary of Energy has submitted to the 
     congressional defense committees a report on the actions and 
     the circumstances making such action necessary; and
       (B) a period of 30 days has elapsed after the date on which 
     the report is received by the committees.
       (3) In the computation of the 30-day period under paragraph 
     (2), there shall be excluded any day on which either House of 
     Congress is not in session because of an adjournment of more 
     than 3 days to a day certain.
       (b) Exception.--Subsection (a) does not apply to a 
     construction project with a current estimated cost of less 
     than $5,000,000.

     SEC. 3124. FUND TRANSFER AUTHORITY.

       (a) Transfer to Other Federal Agencies.--The Secretary of 
     Energy may transfer funds authorized to be appropriated to 
     the Department of Energy pursuant to this title to other 
     Federal agencies for the performance of work for which the 
     funds were authorized. Funds so transferred may be merged 
     with and be available for the same purposes and for the same 
     time period as the authorizations of the Federal agency to 
     which the amounts are transferred.
       (b) Transfer Within Department of Energy.--(1) Subject to 
     paragraph (2), the Secretary of Energy may transfer funds 
     authorized to be appropriated to the Department of Energy 
     pursuant to this title between any such authorizations. 
     Amounts of authorizations so transferred may be merged with 
     and be available for the same purposes and for the same 
     period as the authorization to which the amounts are 
     transferred.
       (2) Not more than 5 percent of any such authorization may 
     be transferred between authorizations under paragraph (1). No 
     such authorization may be increased or decreased by more than 
     5 percent by a transfer under such paragraph.
       (c) Limitations.--The authority provided by this section to 
     transfer authorizations--
       (1) may be used only to provide funds for items relating to 
     activities necessary for national security programs that have 
     a higher priority than the items from which the funds are 
     transferred; and
       (2) may not be used to provide funds for an item for which 
     Congress has specifically denied funds.
       (d) Notice to Congress.--The Secretary of Energy shall 
     promptly notify the Committees on Armed Services of the 
     Senate and House of Representatives of any transfer of funds 
     to or from authorizations under this title.

     SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

       (a) Requirement of Conceptual Design.--(1) Subject to 
     paragraph (2) and except as provided in paragraph (3), before 
     submitting to Congress a request for funds for a construction 
     project that is in support of a national security program of 
     the Department of Energy, the Secretary of Energy shall 
     complete a conceptual design for that project.
       (2) If the estimated cost of completing a conceptual design 
     for a construction project exceeds $3,000,000, the Secretary 
     shall submit to Congress a request for funds for the 
     conceptual design before submitting a request for funds for 
     the construction project.
       (3) The requirement in paragraph (1) does not apply to a 
     request for funds--
       (A) for a construction project the total estimated cost of 
     which is less than $5,000,000; or
       (B) for emergency planning, design, and construction 
     activities under section 3126.
       (b) Authority for Construction Design.--(1) Within the 
     amounts authorized by this title, the Secretary of Energy may 
     carry out construction design (including architectural and 
     engineering services) in connection with any proposed 
     construction project if the total estimated cost for such 
     design does not exceed $600,000.
       (2) If the total estimated cost for construction design in 
     connection with any construction project exceeds $600,000, 
     funds for that design must be specifically authorized by law.

     SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
                   CONSTRUCTION ACTIVITIES.

       (a) Authority.--The Secretary of Energy may use any funds 
     available to the Department of Energy pursuant to an 
     authorization in this title, including funds authorized to be 
     appropriated for advance planning and construction design 
     under sections 3101, 3102, and 3103, to perform planning, 
     design, and construction activities for any Department of 
     Energy national security program construction project that, 
     as determined by the Secretary, must proceed expeditiously in 
     order to protect public health and safety, to meet the needs 
     of national defense, or to protect property.
       (b) Limitation.--The Secretary may not exercise the 
     authority under subsection (a) in the case of any 
     construction project until the Secretary has submitted to the 
     congressional defense committees a report on the activities 
     that the Secretary intends to carry out under this section 
     and the circumstances making those activities necessary.
       (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

[[Page 17440]]

     be expended only until the end of fiscal year 2003.

     SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT 
                   FUNDS AT FIELD OFFICES OF THE DEPARTMENT OF 
                   ENERGY.

       (a) Transfer Authority for Defense Environmental Management 
     Funds.--The Secretary of Energy shall provide the manager of 
     each field office of the Department of Energy with the 
     authority to transfer defense environmental management funds 
     from a program or project under the jurisdiction of the 
     office to another such program or project.
       (b) Limitations.--(1) Only one transfer may be made to or 
     from any program or project under subsection (a) in a fiscal 
     year.
       (2) The amount transferred to or from a program or project 
     under subsection (a) may not exceed $5,000,000 in a fiscal 
     year.
       (3) A transfer may not be carried out by a manager of a 
     field office under subsection (a) unless the manager 
     determines that the transfer is necessary to address a risk 
     to health, safety, or the environment or to assure the most 
     efficient use of defense environmental management funds at 
     the field office.
       (4) Funds transferred pursuant to subsection (a) may not be 
     used for an item for which Congress has specifically denied 
     funds or for a new program or project that has not been 
     authorized by Congress.
       (c) Exemption From Reprogramming Requirements.--The 
     requirements of section 3121 shall not apply to transfers of 
     funds pursuant to subsection (a).
       (d) Notification.--The Secretary, acting through the 
     Assistant Secretary of Energy for Environmental Management, 
     shall notify Congress of any transfer of funds pursuant to 
     subsection (a) not later than 30 days after such transfer 
     occurs.
       (e) Definitions.--In this section:
       (1) The term ``program or project'' means, with respect to 
     a field office of the Department of Energy, any of the 
     following:
       (A) A program referred to or a project listed in paragraph 
     (2) or (3) of section 3102.
       (B) A program or project not described in subparagraph (A) 
     that is for environmental restoration or waste management 
     activities necessary for national security programs of the 
     Department, that is being carried out by the office, and for 
     which defense environmental management funds have been 
     authorized and appropriated before the date of the enactment 
     of this Act.
       (2) The term ``defense environmental management funds'' 
     means funds appropriated to the Department of Energy pursuant 
     to an authorization for carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs.
       (f ) Duration of Authority.--The managers of the field 
     offices of the Department may exercise the authority provided 
     under subsection (a) during fiscal year 2002.

     SEC. 3130. TRANSFERS OF WEAPONS ACTIVITIES FUNDS AT NATIONAL 
                   SECURITY LABORATORIES AND NUCLEAR WEAPONS 
                   PRODUCTION FACILITIES.

       (a) Transfer Authority.--The Secretary of Energy, acting 
     through the Administrator for Nuclear Security, shall provide 
     the head of each national security laboratory and nuclear 
     weapons production facility with the authority to transfer 
     weapons activities funds from a program under the 
     jurisdiction of such laboratory or facility to another such 
     program.
       (b) Limitations.--(1) The amount transferred under 
     subsection (a) by a laboratory or facility in a fiscal year 
     may not exceed the lesser of--
       (A) $5,000,000; and
       (B) 10 percent of the total weapons activities funds 
     available to that laboratory or facility in that fiscal year 
     for programs under the jurisdiction of such laboratory or 
     facility.
       (2) A transfer may not be carried out under subsection (a) 
     unless the head of the laboratory or facility determines that 
     the transfer will result in cost savings and efficiencies.
       (3) A transfer may not be carried out under subsection (a) 
     to cover a cost overrun or scheduling delay for any program.
       (4) Funds transferred pursuant to subsection (a) may not be 
     used for an item for which Congress has specifically denied, 
     limited, or increased funds or for a new program that has not 
     been authorized by Congress.
       (c) Exemption From Reprogramming Requirements.--The 
     requirements of section 3121 shall not apply to transfers of 
     funds pursuant to subsection (a).
       (d) Notification.--The Secretary, acting through the 
     Administrator for Nuclear Security, shall notify Congress of 
     any transfer of funds pursuant to subsection (a) not later 
     than 30 days after such transfer occurs.
       (e) Definitions.--In this section:
       (1) The term ``program'' means, with respect to a national 
     security laboratory or nuclear weapons production facility, 
     any of the following:
       (A) A program referred to or listed in paragraph (1) of 
     section 3101.
       (B) A program not described in subparagraph (A) that is for 
     weapons production or weapons component production of the 
     National Nuclear Security Administration that is being 
     carried out by the laboratory or facility, and for which 
     weapons activities funds have been authorized and 
     appropriated before the date of the enactment of this Act.
       (2) The term ``weapons activities funds'' means funds 
     appropriated to the Department of Energy pursuant to an 
     authorization for weapons activities of the National Nuclear 
     Security Administration in carrying out programs necessary 
     for national security.
       (3) The terms ``national security laboratory'' and 
     ``nuclear weapons production facility'' have the meanings 
     given such terms in section 3281 of the National Nuclear 
     Security Administration Act (title XXXII of Public Law 106-
     65; 113 Stat. 968; 50 U.S.C. 2471).
       (f) Duration of Authority.--The heads of the national 
     security laboratories and nuclear weapons production 
     facilities may exercise the authority provided under 
     subsection (a) during fiscal year 2002.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

     SEC. 3131. TERMINATION DATE OF OFFICE OF RIVER PROTECTION, 
                   RICHLAND, WASHINGTON.

       Subsection (f) of section 3139 of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 112 Stat. 2250), as amended by section 
     3141 of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398; 114 Stat. 1654A-462), is amended to read as follows:
       ``(f) Termination.--(1) The Office shall terminate on the 
     later to occur of the following dates:
       ``(A) September 30, 2010.
       ``(B) The date on which the Assistant Secretary of Energy 
     for Environmental Management determines, in consultation with 
     the head of the Office, that continuation of the Office is no 
     longer necessary to carry out the responsibilities of the 
     Department of Energy under the Tri-Party Agreement.
       ``(2) The Assistant Secretary shall notify, in writing, the 
     committees referred to in subsection (d) of a determination 
     under paragraph (1).
       ``(3) In this subsection, the term `Tri-Party Agreement' 
     means the Hanford Federal Facility Agreement and Consent 
     Order entered into among the Department of Energy, the 
     Environmental Protection Agency, and the State of Washington 
     Department of Ecology.''.

     SEC. 3132. ORGANIZATIONAL MODIFICATIONS FOR NATIONAL NUCLEAR 
                   SECURITY ADMINISTRATION.

       (a) Establishment of Principal Deputy Administrator.--(1) 
     Subtitle A of the National Nuclear Security Administration 
     Act is amended by inserting after section 3213 (50 U.S.C. 
     2403) the following new section:

     ``SEC. 3213A. PRINCIPAL DEPUTY ADMINISTRATOR.

       ``(a) In General.--(1) There is in the Administration a 
     Principal Deputy Administrator, who is appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The Principal Deputy Administrator shall be appointed 
     from among persons who--
       ``(A) have extensive background in national security, 
     organizational management, and appropriate technical fields; 
     and
       ``(B) are well qualified to manage the nuclear weapons, 
     nonproliferation, and materials disposition programs of the 
     Administration in a manner that advances and protects the 
     national security of the United States.
       ``(b) Duties.--Subject to the authority, direction, and 
     control of the Administrator, the Principal Deputy 
     Administrator shall perform such duties and exercise such 
     powers as the Administrator may prescribe, including the 
     coordination of activities among the elements of the 
     Administration. The Principal Deputy Administrator shall act 
     for, and exercise the powers of, the Administrator when the 
     Administrator is disabled or the position of Administrator is 
     vacant.''.
       (2) The table of contents preceding section 3201 of such 
     Act is amended by inserting after the item relating to 
     section 3213 the following new item:

``Sec. 3213A. Principal Deputy Administrator.''
       (3) Section 5315 of title 5, United States Code, is 
     amended--
       (A) by inserting before the item relating to Deputy 
     Administrators of the National Nuclear Security 
     Administration the following new item:
       ``Principal Deputy Administrator, National Nuclear Security 
     Administration.''; and
       (B) by inserting ``Additional'' before ``Deputy 
     Administrators of the National Nuclear Security 
     Administration''.
       (b) Elimination of Requirement that National Security 
     Laboratories and Nuclear Weapons Production Facilities Report 
     to Deputy Administrator for Defense Programs.--Section 3214 
     of the National Nuclear Security Administration Act (50 
     U.S.C. 2404) is amended by striking subsection (c).
       (c) Repeal of Duplicative Provision.--Section 3245 of the 
     National Nuclear Security Administration Act (50 U.S.C. 2443) 
     is repealed.

     SEC. 3133. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PROGRAM 
                   WITH INITIATIVES FOR PROLIFERATION PREVENTION 
                   PROGRAM.

       The Administrator for Nuclear Security shall consolidate 
     the Nuclear Cities Initiative program with the Initiatives 
     for Proliferation Prevention program under a single 
     management line. The consolidation shall be completely 
     accomplished not later than July 1, 2002.

     SEC. 3134. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM AT 
                   SAVANNAH RIVER SITE, AIKEN, SOUTH CAROLINA.

       (a) Consultation Required.--The Secretary of Energy shall 
     consult with the Governor of the State of South Carolina 
     regarding any decisions or plans of the Secretary related to 
     the disposition of surplus defense plutonium located at the 
     Savannah River Site, Aiken, South Carolina, including the 
     plan required by subsection (b).
       (b) Plan for Disposition.--Not later than February 1, 2002, 
     the Secretary shall submit to Congress a plan for disposal of 
     the surplus defense plutonium currently located at the 
     Savannah River Site and for disposal of defense plutonium and 
     defense plutonium materials to be

[[Page 17441]]

     shipped to the Savannah River Site in the future. The plan 
     shall review each option considered for such disposal, 
     identify the preferred option, and state the cost of 
     construction and operation of the facilities required by the 
     Department of Energy's Record of Decision for the Storage and 
     Disposition of Weapons-Usable Fissile Materials Final 
     Programmatic Environmental Impact Statement dated January 14, 
     1997. The plan shall also specify a schedule for the 
     expeditious construction of such facilities, including 
     milestones, and a firm schedule for funding the cost of such 
     facilities. The plan shall specify, in addition, the means by 
     which all such plutonium will be removed in a timely manner 
     from the Savannah River Site for storage or disposal 
     elsewhere.
       (c) Requirement for Alternative Disposition.--If the 
     Secretary determines that proceeding with construction of the 
     Plutonium Immobilization Plant at the Savannah River Site is 
     not feasible, the Department shall modify the design of the 
     Mixed Oxide Fuel Fabrication facility at the Savannah River 
     Site so that it includes an immobilization capability. If the 
     Secretary determines that proceeding with the Mixed Oxide 
     Fuel Fabrication facility is not feasible, the Department 
     shall proceed with construction of the Plutonium 
     Immobilization Plant.
       (d) Limitation on Plutonium Shipments.--If the plan 
     required in subsection (b) is not submitted to Congress by 
     February 1, 2002, the Secretary shall be prohibited from 
     shipping defense plutonium or defense plutonium materials to 
     the Savannah River Site during the period beginning on 
     February 1, 2002, and ending on the date on which such plan 
     is submitted to Congress.

     SEC. 3135. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF 
                   LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.

       (a) Support for Fiscal 2002.--From amounts appropriated or 
     otherwise made available to the Secretary of Energy by this 
     title--
       (1) $5,000,000 shall be available for payment by the 
     Secretary for fiscal year 2002 to the not-for-profit Los 
     Alamos National Laboratory Foundation, as chartered in 
     accordance with section 3167(a) of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2052); and
       (2) $8,000,000 shall be available for extension of the 
     contract between the Department of Energy and the Los Alamos 
     Public Schools through fiscal year 2002.
       (b) Support for Fiscal 2003.--Subject to the availability 
     of appropriations, the Secretary is authorized to--
       (1) make payment for fiscal year 2003 similar to the 
     payment referred to in subsection (a)(1); and
       (2) provide for a contract extension through fiscal 2003 
     similar to the contract extension referred to in subsection 
     (a)(2).
       (c) Use of Funds.--The foundation referred to in subsection 
     (a)(1) shall--
       (1) utilize funds provided under this section as a 
     contribution to the endowment fund for the foundation; and
       (2) use the income generated from investments in the 
     endowment fund that are attributable to payments made under 
     this section to fund programs to support the educational 
     needs of children in public schools in the vicinity of Los 
     Alamos National Laboratory.
       (d) Report.--Not later than March 1, 2002, the Secretary 
     shall submit to the congressional defense committees a report 
     setting forth the following:
       (1) An evaluation of the requirements for continued 
     payments beyond fiscal year 2003 into the endowment fund of 
     the foundation referred to in subsection (a) to enable the 
     foundation to meet the goals of the Department to support the 
     recruitment and retention of staff at the Los Alamos National 
     Laboratory.
       (2) The Secretary's recommendations for any further support 
     beyond fiscal year 2003 directly to the Los Alamos Public 
     Schools.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     2002, $18,500,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

     SEC. 3301. DEFINITIONS.

       In this title:
       (1) The term ``National Defense Stockpile'' means the 
     stockpile provided for in section 4 of the Strategic and 
     Critical Materials Stock Piling Act (50 U.S.C. 98c).
       (2) The term ``National Defense Stockpile Transaction 
     Fund'' means the fund established under section 9(a) of the 
     Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
     98h(a)).
       (3) The term ``Market Impact Committee'' means the Market 
     Impact Committee appointed under section 10(c) of the 
     Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
     98h-1(c)).

     SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     2002, the National Defense Stockpile Manager may obligate up 
     to $65,200,000 of the funds in the National Defense Stockpile 
     Transaction Fund for the authorized uses of such funds under 
     section 9(b)(2) of the Strategic and Critical Materials Stock 
     Piling Act (50 U.S.C. 98h(b)(2)), including the disposal of 
     hazardous materials that are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date on which Congress 
     receives the notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

     SEC. 3303. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS 
                   CONTAINED IN NATIONAL DEFENSE STOCKPILE.

       (a) Disposal Authorized.--Subject to subsection (b), the 
     President may dispose of certain materials contained in the 
     National Defense Stockpile that are obsolete or excess to 
     stockpile requirements, in the quantities specified in the 
     following table:


                     Authorized Stockpile Disposals
------------------------------------------------------------------------
   Material for disposal                              Quantity
------------------------------------------------------------------------
Bauxite, Refractory.......................  40,000 short tons
Chromium Metal............................  3,512 short tons
Iridium...................................  25,140 troy ounces
Jewel Bearings............................  30,273,221 pieces
Manganese, Ferro HC.......................  209,074 short tons
Palladium.................................  11 troy ounces
Quartz Crystal............................  216,648 pounds
Tantalum Metal Ingot......................  120,228 pounds of contained
                                             Tantalum
Tantalum Metal Powder.....................  36,020 pounds of contained
                                             Tantalum
Thorium Nitrate...........................  600,000 pounds
------------------------------------------------------------------------

       (b) Consultation With Market Impact Committee.--In 
     disposing of materials under subsection (a), the President 
     shall consult with the Market Impact Committee to ensure that 
     the disposal of the materials does not disrupt the usual 
     markets of producers, processors, and consumers of the 
     materials.
       (c) Relationship to Other Disposal Authority.--The disposal 
     authority provided in subsection (a) is new disposal 
     authority and is in addition to, and shall not affect, any 
     other disposal authority provided by law regarding the 
     materials specified in the table in such subsection.

     SEC. 3304. EXPEDITED IMPLEMENTATION OF AUTHORITY TO DISPOSE 
                   OF COBALT FROM NATIONAL DEFENSE STOCKPILE.

       Section 3305(a)(1) of the National Defense Authorization 
     Act for Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d 
     note) is amended by striking ``fiscal year 2003'' and 
     inserting ``the two-fiscal year period ending September 30, 
     2003''.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amount.--There are hereby authorized to be appropriated 
     to the Secretary of Energy $17,371,000 for fiscal year 2002 
     for the purpose of carrying out activities under chapter 641 
     of title 10, United States Code, relating to the naval 
     petroleum reserves.
       (b) Period of Availability.--Funds appropriated pursuant to 
     the authorization of appropriations in subsection (a) shall 
     remain available until expended.

[[Page 17442]]



                  TITLE XXXV--MARITIME ADMINISTRATION

     SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                   2002.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2002, to be available without fiscal year limitation if 
     so provided in appropriations Acts, for the use of the 
     Department of Transportation for the Maritime Administration 
     as follows:
       (1) For expenses necessary for operations and training 
     activities, $89,054,000.
       (2) For expenses under the loan guarantee program 
     authorized by title XI of the Merchant Marine Act, 1936 (46 
     App. U.S.C. 1271 et seq.), $103,978,000, of which--
       (A) $100,000,000 is for the cost (as defined in section 
     502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661a(5))) of loan guarantees under the program; and
       (B) $3,978,000 is for administrative expenses related to 
     loan guarantee commitments under the program.
       (3) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, $10,000,000.

     SEC. 3502. DEFINE ``WAR RISKS'' TO VESSELS TO INCLUDE 
                   CONFISCATION, EXPROPRIATION, NATIONALIZATION, 
                   AND DEPRIVATION OF THE VESSELS.

       Section 1201(c) of the Merchant Marine Act, 1936 (46 App. 
     U.S.C. 1281(c)) is amended to read as follows:
       ``(c) The term `war risks' includes to such extent as the 
     Secretary may determine--
       ``(1) all or any part of any loss that is excluded from 
     marine insurance coverage under a `free of capture or 
     seizure' clause, or under analogous clauses; and
       ``(2) other losses from hostile acts, including 
     confiscation, expropriation, nationalization, or 
     deprivation.''.

     SEC. 3503. HOLDING OBLIGOR'S CASH AS COLLATERAL UNDER TITLE 
                   XI OF MERCHANT MARINE ACT, 1936.

       Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 
     1271 et seq.) is amended by inserting after section 1108 the 
     following:

     ``SEC. 1109. DEPOSIT FUND.

       ``(a) Establishment of Deposit Fund.--There is established 
     in the Treasury a deposit fund for purposes of this section. 
     The Secretary may, in accordance with an agreement under 
     subsection (b), deposit into and hold in the deposit fund 
     cash belonging to an obligor to serve as collateral for a 
     guarantee under this title made with respect to the obligor.
       ``(b) Agreement.--
       ``(1) In general.--The Secretary and an obligor shall enter 
     into a reserve fund or other collateral account agreement to 
     govern the deposit, withdrawal, retention, use, and 
     reinvestment of cash of the obligor held in the deposit fund 
     established by subsection (a).
       ``(2) Terms.--The agreement shall contain such terms and 
     conditions as are required under this section and such 
     additional terms as are considered by the Secretary to be 
     necessary to protect fully the interests of the United 
     States.
       ``(3) Security interest of united states.--The agreement 
     shall include terms that grant to the United States a 
     security interest in all amounts deposited into the deposit 
     fund.
       ``(c) Investment.--The Secretary may invest and reinvest 
     any part of the amounts in the deposit fund established by 
     subsection (a) in obligations of the United States with such 
     maturities as ensure that amounts in the deposit fund will be 
     available as required for purposes of agreements under 
     subsection (b). Cash balances of the deposit fund in excess 
     of current requirements shall be maintained in a form of 
     uninvested funds and the Secretary of the Treasury shall pay 
     interest on these funds.
       ``(d) Withdrawals.--
       ``(1) In general.--The cash deposited into the deposit fund 
     established by subsection (a) may not be withdrawn without 
     the consent of the Secretary.
       ``(2) Use of income.--Subject to paragraph (3), the 
     Secretary may pay any income earned on cash of an obligor 
     deposited into the deposit fund in accordance with the terms 
     of the agreement with the obligor under subsection (b).
       ``(3) Retention against default.--The Secretary may retain 
     and offset any or all of the cash of an obligor in the 
     deposit fund, and any income realized thereon, as part of the 
     Secretary's recovery against the obligor in case of a default 
     by the obligor on an obligation.''.
       Amend the title so as to read: ``A bill to authorize 
     appropriations for fiscal year 2002 for military activities 
     of the Department of Defense, for military construction, and 
     for defense activities of the Department of Energy, to 
     prescribe personnel strengths for such fiscal year for the 
     Armed Forces, and for other purposes.''.

  The CHAIRMAN. No amendment to the committee amendment in the nature 
of a substitute is in order except those specified in the previous 
order of the House.
  Except as specified in that order, each amendment printed in the 
report shall be considered only in the order placed at the desk, may be 
offered only by a Member designated on the amendment or a designee, 
shall be considered read, and shall not be subject to a demand for a 
division of the question.
  Each amendment shall be debatable for 10 minutes, equally divided and 
controlled by the proponent and an opponent of the amendment, and shall 
not be subject to amendment, except that the chairman and ranking 
minority member each may offer one pro forma amendment for the purpose 
of further debate on any pending amendment.
  It shall be in order at any time for the chairman of the Committee on 
Armed Services or his designee to offer amendments en bloc consisting 
of amendments not earlier disposed of or germane modifications of any 
such amendment.
  The amendments en bloc shall be considered read, except that 
modifications shall be reported, shall be debatable for 10 minutes, 
equally divided and controlled by the chairman and ranking minority 
member, or their designees.
  The original proponent of an amendment included in the amendments en 
bloc may insert a statement in the Congressional Record immediately 
before disposition of the amendments en bloc.
  The Chairman of the Committee of the Whole may recognize for 
consideration of amendments out of the order previously specified, but 
not sooner than 1 hour after the chairman of the Committee on Armed 
Services or a designee announces from the floor a request to that 
effect.
  After disposition of the amendments specified in the previous order 
of the House, the Committee shall rise without motion. No further 
consideration of the bill shall be in order except pursuant to a 
subsequent order of the House.


                Amendments En Bloc Offered by Mr. Stump

  Mr. STUMP. Madam Chairman, I offer amendments en bloc made in order 
by order of the House of yesterday.
  The CHAIRMAN. The Clerk will designate the amendments en bloc.
  The text of the amendments en bloc is as follows:

       Amendments En Bloc offered by Mr. Stump:  consisting of the 
     amendments originally proposed by the following Members and 
     made in order by the order of the House of September 19, 
     2001:
       Mr. Hall of Ohio,
       Mr. Manzullo,
       Mr. Lantos,
       Mr. Spratt,
       Mr. Stearns (Amdt #50),
       Mr. Weldon of Pennsylvania (Amdt #81),
       Mr. Ehrlich,
       Mr. Kirk,
       Mr. Boyd,
       Mr. Farr of California, and
       Mr. Lewis of California:

                 Amendment Offered by Mr. Hall of Ohio:

       At the end of title II (page 43, after line 9), insert the 
     following new subtitle:

   Subtitle E--Air Force Science and Technology for the 21st Century

     SEC. 251. SHORT TITLE.

       This subtitle may be cited as the ``Air Force Science and 
     Technology for the 21st Century Act''.

     SEC. 252. SCIENCE AND TECHNOLOGY INVESTMENT AND DEVELOPMENT 
                   PLANNING.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Air Force should carry out each of the 
     following:
       (1) Continue and improve efforts to ensure that--
       (A) the Air Force science and technology community is 
     represented, and the recommendations of that community are 
     considered, at all levels of program planning and budgetary 
     decisionmaking within the Air Force;
       (B) advocacy for science and technology development is 
     institutionalized across all levels of Air Force management 
     in a manner that is not dependent on individuals; and
       (C) the value of Air Force science and technology 
     development is made increasingly apparent to the warfighters, 
     by linking the needs of those warfighters with decisions on 
     science and technology development.
       (2) Complete and adopt a policy directive that provides for 
     changes in how the Air Force makes budgetary and nonbudgetary 
     decisions with respect to its science and technology 
     development programs and how it carries out those programs.
       (3) At least once every five years, conduct a review of the 
     long-term challenges and short-term objectives of the Air 
     Force science and technology programs that is consistent with 
     the review specified in section 252 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-46).
       (4) Ensure that development and science and technology 
     planning and investment activities are carried out for future 
     space warfighting systems and for future nonspace warfighting 
     systems in an integrated manner.

[[Page 17443]]

       (5) Elevate the position within the Office of the Secretary 
     of the Air Force that has primary responsibility for budget 
     and policy decisions for science and technology programs.
       (b) Reinstatement of Development Planning.--(1) The 
     Secretary of the Air Force shall reinstate and implement a 
     revised development planning process that provides for each 
     of the following:
       (A) Coordinating the needs of Air Force warfighters with 
     decisions on science and technology development.
       (B) Giving input into the establishment of priorities among 
     science and technology programs.
       (C) Analyzing Air Force capability options for the 
     allocation of Air Force resources.
       (D) Developing concepts for technology, warfighting 
     systems, and operations with which the Air Force can achieve 
     its critical future goals.
       (E) Evaluating concepts for systems and operations that 
     leverage technology across Air Force organizational 
     boundaries.
       (F) Ensuring that a ``system-of-systems'' approach is used 
     in carrying out the various Air Force capability planning 
     exercises.
       (G) Utilizing existing analysis capabilities within the Air 
     Force product centers in a collaborative and integrated 
     manner.
       (2) Not later than one year after the date of the enactment 
     of this Act, the Secretary of the Air Force shall submit to 
     Congress a report on the implementation of the planning 
     process required by paragraph (1). The report shall include 
     the annual amount that the Secretary considers necessary to 
     carry out paragraph (1).

     SEC. 253. STUDY AND REPORT ON EFFECTIVENESS OF AIR FORCE 
                   SCIENCE AND TECHNOLOGY PROGRAM CHANGES.

       (a) Requirement.--The Secretary of the Air Force, in 
     cooperation with the National Research Council of the 
     National Academy of Sciences, shall carry out a study to 
     determine how the changes to the Air Force science and 
     technology program implemented during the past two years 
     affect the future capabilities of the Air Force.
       (b) Matters Studied.--(1) The study shall independently 
     review and assess whether such changes as a whole are 
     sufficient to ensure the following:
       (A) That the concerns about the management of the science 
     and technology program that have been raised by the Congress, 
     the Defense Science Board, the Air Force Science Advisory 
     Board, and the Air Force Association have been adequately 
     addressed.
       (B) That appropriate and sufficient technology is available 
     to ensure the military superiority of the United States and 
     counter future high-risk threats.
       (C) That the science and technology investments are 
     balanced to meet the near-, mid-, and long-term needs of the 
     Air Force.
       (D) That technologies are made available that can be used 
     to respond flexibly and quickly to a wide range of future 
     threats.
       (E) That the Air Force organizational structure provides 
     for a sufficiently senior level advocate of science and 
     technology to ensure an ongoing, effective presence of the 
     science and technology community during the budget and 
     planning process.
       (2) In addition, the study shall independently assess the 
     specific changes to the Air Force science and technology 
     program as follows:
       (A) Whether the biannual science and technology summits 
     provide sufficient visibility into, and understanding and 
     appreciation of, the value of the science and technology 
     program to the senior level of Air Force budget and policy 
     decisionmakers.
       (B) Whether the applied technology councils are effective 
     in contributing the input of all levels beneath the senior 
     leadership into the coordination, focus, and content of the 
     science and technology program.
       (C) Whether the designation of the commander of the Air 
     Force Materiel Command as the science and technology budget 
     advocate is effective to assure that an adequate budget top 
     line is set.
       (D) Whether the revised development planning process is 
     effective to aid in the coordination of the needs of the Air 
     Force warfighters with decisions on science and technology 
     investments and the establishment of priorities among 
     different science and technology programs.
       (E) Whether the implementation of section 252 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-46) is effective to identify the basis for the 
     appropriate science and technology program top line and 
     investment portfolio.
       (c) Report.--Not later than 60 days after the date on which 
     the study required by subsection (a) is completed, the 
     Secretary of the Air Force shall submit to Congress the 
     results of the study.
       (d) Funding.--Of the amount made available pursuant to 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force, $950,000 shall be available 
     only to carry out this section.
                                  ____


                   Amendment Offered by Mr. Manzullo:

       At the end of subtitle A of title VIII (page 248, after 
     line 9), insert the following new section:

     SEC. 8__. INCREASE OF ASSISTANCE LIMITATION REGARDING 
                   PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

       Section 2414(a)(1) of title 10, United States Code, is 
     amended by striking ``$300,000'' and inserting ``$600,000''.
                                  ____


                    Amendment Offered by Mr. Lantos:

       Strike section 1044 (page 281 beginning line 6), relating 
     to a sense of the Congress regarding Kwajalein Atoll.
                                  ____


                    Amendment Offered by Mr. Spratt:

       At the end of title X (page 307, after line 20), insert the 
     following new section:

     SEC. 10__. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL 
                   OCEANOGRAPHIC LABORATORY SYSTEM.

       Subsection (g) of section 2667 of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3) Paragraph (1) does not apply to a renewal or 
     extension of a lease by the Secretary of the Navy with a 
     selected institution for operation of a ship within the 
     University National Oceanographic Laboratory System if, under 
     the lease, each of the following applies:
       ``(A) Use of the ship is restricted to federally supported 
     research programs and to non-Federal uses under specific 
     conditions with approval by the Secretary of the Navy.
       ``(B) Because of the anticipated value to the Navy of the 
     oceanographic research and training that will result from the 
     ship's operation, no monetary lease payments are required 
     from the lessee under the initial lease or under any renewal 
     or extension.
       ``(C) The lessee is required to maintain the ship in a good 
     state of repair, readiness, and efficient operating 
     condition, conform to all applicable regulatory requirements, 
     and assume full responsibility for the safety of the ship, 
     its crew, and scientific personnel aboard.''.
                                  ____


                   Amendment Offered by Mr. Stearns:

       At the end of subtitle E of title X (page 307, after line 
     20), insert the following new section:

     SEC. __. SENSE OF CONGRESS REGARDING CONTINUED UNITED STATES 
                   COMMITMENT TO RESTORING LAFAYETTE ESCADRILLE 
                   MEMORIAL, MARNES LA-COGUETTE, FRANCE.

       (a) Findings.--Congress finds the following:
       (1) The Lafayette Escadrille, an aviation squadron within 
     the French Lafayette Flying Corps, was formed April 16, 1916.
       (2) The Lafayette Escadrille consisted of aviators from the 
     United States who volunteered to fight for the people of 
     France during World War I.
       (3) 265 volunteers from the United States served in the 
     Lafayette Flying Corps, completing 3,000 combat sorties and 
     amassing nearly 200 victories.
       (4) The Lafayette Escadrille won 4 Legions of Honor, 7 
     Medailles Militaires, and 31 citations, each with a Croix de 
     Guerre.
       (5) In 1918, command of the Lafayette Escadrille was 
     transferred to the United States, where the Lafayette 
     Escadrille became the combat air force of the United States.
       (6) In 1921, a Franco-American committee was organized to 
     locate a final resting place for the 68 United States 
     aviators who lost their lives flying for France during World 
     War I.
       (7) The Lafayette Escadrille Memorial was dedicated on July 
     4, 1928, in honor of all United States aviators who flew for 
     France during World War I.
       (8) The Lafayette Escadrille Memorial Foundation, located 
     in the United States and in France, was founded by Nelson 
     Cromwell in 1930 and endowed with a $1,500,000 trust for the 
     maintenance and upkeep of the Lafayette Escadrille Memorial.
       (9) Environmental conditions have contributed to structural 
     damage to, and the overall degradation of, the Lafayette 
     Escadrille Memorial, preventing the holding of memorial 
     services inside the crypt.
       (10) The French Government has pledged funds to support a 
     restoration of the Lafayette Escadrille Memorial.
       (11) The Lafayette Escadrille Memorial should be restored 
     to its original beauty to honor all the United States 
     aviators who flew for France during World War I and to 
     demonstrate the respect of the United States for the 
     sacrifices made by all Americans who have served our Nation 
     and our allies.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should continue to honor its commitment to 
     the United States aviators who lost their lives flying for 
     France during World War I by appropriating sufficient funds 
     to restore the Lafayette Escadrille Memorial in Marnes La-
     Coguette, France.
                                  ____


            Amendment Offered by Mr. Weldon of Pennsylvania:

       At the end of title X (page 307, after line 20), insert the 
     following new section:

     SEC. __. DESIGNATION OF FIREFIGHTER ASSISTANCE PROGRAM IN 
                   HONOR OF FLOYD D. SPENCE, A FORMER MEMBER OF 
                   THE HOUSE OF REPRESENTATIVES, AND SENSE OF 
                   CONGRESS ON NEED TO CONTINUE THE PROGRAM.

       (a) Designation.--Section 33(b)(2)(A) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(2)(A)) 
     is amended--

[[Page 17444]]

       (1) by inserting ``and designation'' after 
     ``Establishment''; and
       (2) by adding at the end the following new sentence: ``The 
     program of firefighter assistance administered by the Office 
     shall be known as the `Floyd D. Spence Memorial Domestic 
     Defenders Initiative'.''.
       (b) Sense of Congress.--The firefighters assistance grant 
     program authorized by section 33 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229) is 
     recognized as having served as an effective device in 
     Congress' ongoing effort to address the needs of America's 
     fire service, and it is the sense of Congress that the 
     program should be reauthorized for fiscal year 2003 and 
     subsequent fiscal years at a higher level of funding.
                                  ____


                   Amendment Offered by Mr. Ehrlich:

       At the end of title XII (page 331, after line 15), insert 
     the following new section:

     SEC. 12__. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT 
                   CONTRACTORS TO ACCOMPANY CHEMICAL WEAPONS 
                   INSPECTION TEAMS AT GOVERNMENT-OWNED 
                   FACILITIES.

       (a) Authority To Conduct Inspections.--Section 303 of the 
     Chemical Weapons Convention Implementation Act of 1998 (as 
     contained in Public Law 105-277; 112 Stat. 2681-873; 22 
     U.S.C. 6723) is amended in subsection (b)(2) by inserting 
     ``(and in the case of inspection of Federal Government-owned 
     facilities, such designation may include employees of a 
     contractor with the Federal Government)'' after ``Federal 
     Government''.
       (b) Procedures For Inspections.--Section 304 of such Act 
     (22 U.S.C. 6724) is amended in subsection (c) by inserting 
     ``or contractor with the Federal Government'' after ``Federal 
     Government''.
                                  ____


                     Amendment Offered by Mr. Kirk:

       At the end of subtitle B of title XXVIII (page 394, after 
     line 20), insert the following new section:

     SEC. __. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND 
                   RESERVE COMPONENT FACILITIES AS POLLING PLACES.

       (a) Use of Military Installations Authorized.--Section 2670 
     of title 10, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(b) Use as Polling Places.--(1) Notwithstanding chapter 
     29 of title 18 (including sections 592 and 593 of such 
     title), the Secretary of a military department may make a 
     building located on a military installation under the 
     jurisdiction of the Secretary available for use as a polling 
     place in any Federal, State, or local election for public 
     office.
       ``(2) Once a military installation is made available as the 
     site of a polling place with respect to a Federal, State, or 
     local election for public office, the Secretary shall 
     continue to make the site available for subsequent elections 
     for public office unless the Secretary provides to Congress 
     advance notice in a reasonable and timely manner of the 
     reasons why the site will no longer be made available as a 
     polling place.
       ``(3) In this subsection, the term `military installation' 
     has the meaning given the term in section 2687(e) of this 
     title.''.
       (b) Use of Reserve Component Facilities.--(1) Section 18235 
     of such title is amended by adding at the end the following 
     new subsection:
       ``(c) Pursuant to a lease or other agreement under 
     subsection (a)(2), the Secretary may make a facility covered 
     by subsection (a) available for use as a polling place in any 
     Federal, State, or local election for public office 
     notwithstanding chapter 29 of title 18 (including sections 
     592 and 593 of such title). Once a facility is made available 
     as the site of a polling place with respect to an election 
     for public office, the Secretary shall continue to make the 
     facility available for subsequent elections for public office 
     unless the Secretary provides to Congress advance notice in a 
     reasonable and timely manner of the reasons why the facility 
     will no longer be made available as a polling place.''.
       (2) Section 18236 of such title is amended by adding at the 
     end the following new subsection:
       ``(e) Pursuant to a lease or other agreement under 
     subsection (c)(1), a State may make a facility covered by 
     subsection (c) available for use as a polling place in any 
     Federal, State, or local election for public office 
     notwithstanding chapter 29 of title 18 (including sections 
     592 and 593 of such title).''.
       (c) Conforming and Clerical Amendments.--(1) section 2670 
     of such title is further amended--
       (A) by striking ``Under'' and inserting ``(a) Use by Red 
     Cross.--Under''; and
       (B) by striking ``this section'' and inserting ``this 
     subsection''.
       (2) The heading of such section is amended to read as 
     follows:

     ``Sec. 2670. Buildings on military installations: use by 
       American National Red Cross and as polling places''.

       (3) The item relating to such section in the table of 
     sections at the beginning of chapter 159 of such title is 
     amended to read as follows:

``2670. Buildings on military installations: use by American National 
              Red Cross and as polling places.''.
                                  ____


                     Amendment Offered by Mr. Boyd:

       At the end of part III of subtitle D of title XXVIII (page 
     414, after line 7), insert the following new section:

     SEC. 285__. LAND CONVEYANCE, DEFENSE FUEL SUPPORT POINT, 
                   FLORIDA.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, to Florida State 
     University, all right, title and interest of the United 
     States in and to a parcel of real property known as ``Defense 
     Fuel Support Point'', including any improvements thereon, 
     located in Lynn Haven, Florida, and consisting of 
     approximately 200 acres for the purpose of establishing a 
     National Coastal Research Center.
       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Secretary.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                  ____


              Amendment Offered by Mr. Farr of California:

       At the end of title XXVIII (page 427, after line 7), insert 
     the following new section:

     SEC. 2866. ADDITIONAL EXTENSION OF DEMONSTRATION PROJECT FOR 
                   PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC 
                   WORKS, AND UTILITY SERVICES FROM LOCAL 
                   GOVERNMENT AGENCIES.

       Section 816(c) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820), as 
     added by section 2873 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2225), is amended by inserting before the period at 
     the end the following: ``, with regard to fire-fighting and 
     police services, and September 30, 2003, with regard to other 
     services described in under subsection (a)''.
                                  ____


             Amendment Offered by Mr. Lewis of California:

       At the end of title XXVIII (page 427, after line 7), insert 
     the following new section:

     SEC. 2866. CONVEYANCE OF AVIGATION EASEMENTS, FORMER NORTON 
                   AIR FORCE BASE, CALIFORNIA.

       The Administrator of General Services shall convey, without 
     consideration, to the Inland Valley Development Agency (the 
     redevelopment authority for former Norton Air Force Base, 
     California) two avigation easements (identified as APN 289-
     231-08 and APN 289-232-08) held by the United States.

  The CHAIRMAN. Pursuant to the order of the House of Wednesday, 
September 19, 2001, the gentleman from Arizona (Mr. Stump) and the 
gentleman from Missouri (Mr. Skelton) each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Stump).
  Mr. STUMP. Madam Chairman, I yield 5 minutes to the gentleman from 
Florida (Mr. Stearns).
  Mr. STEARNS. Madam Chairman, I wish to thank the gentleman from 
Arizona (Mr. Stump), my good friend, for incorporating my amendments as 
part of the manager's amendment in this defense authorization bill.
  My first amendment concerns the deteriorating state of the Lafayette-
Escadrille Memorial. It is basically a sense of the Congress 
resolution. This memorial honors all U.S. aviators who flew for France 
in World War I. I laid a wreath at the memorial on June 17 with 40 of 
my colleagues in attendance to commemorate the 85th anniversary of the 
squadron's formation.
  Seven Americans originally formed the squadron. When the escadrille 
transferred to the U.S. command in 1918, 265 American volunteers had 
served in the French air service with 180 of those having flown combat 
missions. In all, the escadrille flew 3,000 combat sorties, amassing 
nearly 200 victories. In fact, the escadrille became the birth of the 
United States Air Force.
  A joint French/American committee was organized at the end of World 
War I to locate a final resting place for those Americans who died 
there. With land donated by the French Government, the Lafayette-
Escadrille Memorial was dedicated on July 4, 1928. It is essentially an 
American cemetery with 68 Americans who gave their lives interred in 
the memorial.
  Sadly, this memorial is in desperate need of repair. The structure 
sits in a meadow with a high water table. Heavy rains flood the tomb, 
exacerbated by the poor functioning drains and water

[[Page 17445]]

leaking through the terrace behind the memorial. Structural repairs are 
needed for the crypt and the overall foundation and double glass is 
needed to protect the remarkable stained glass windows.
  The Lafayette-Escadrille Memorial Foundation was endowed originally 
with a $1.5 million trust fund for its maintenance, but that has been 
exhausted. The French Government has pledged funds and has begun 
working in earnest to repair this memorial. I want to point out that 
the foundation is an American not-for-profit and is subject to IRS 
regulations governing not-for-profit activities.
  Madam Chairman, our men and women in uniform, present and future and 
past, we hold those who served in the highest regard; and they should 
be remembered. I have received letters from descendents of members of 
the Lafayette-Escadrille offering their support, and I have received 
calls from persons only wanting to see the memorial restored.
  Our men and women in uniform deserve the best this Nation can give 
them. Such action should not stop at their deaths.
  The second amendment that I offer and is part of the en bloc 
amendment highlights the need for the Department of Defense to realign 
its focus on using energy efficient technologies. I feel that the 
Department of Defense should take into account the recommendations 
contained in the report by the Defense Science Board entitled ``More 
Capable War-Fighting Through Reduced Fuel Burden.''
  The report states: ``Military fuel consumption for aircraft, ships, 
ground vehicles and facilities make the Department of Defense the 
single largest consumer of petroleum in America, perhaps in the world. 
Naval forces depend each day on millions of gallons of fuel to operate 
around the globe. The Air Force spends approximately 85 percent of its 
fuel budget to deliver, by airborne tankers, just 6 percent of its 
annual jet fuel usage.''
  It is without a doubt that fuel cost is directly associated with 
military readiness. By no means, however, should the DOD sacrifice 
performance requirements to save a few gallons of fuel. Obviously, 
including energy efficiency as a requirement under DOD's procurement 
process and investing in new improvements through its S&T community is 
a significant step in the direction of curtailing energy consumption in 
a responsible manner, while maintaining the performance and overall 
military capability.
  The DSB report states ``that the largest element of the total fuel 
cost in DOD is the cost of delivery.'' Improving on daily use of fuel 
for both combat and support units could reduce the logistics need while 
allowing units to deploy and remain in the field for a longer sustained 
period of time.
  Undoubtedly, a component in the war against terrorism will be the use 
of lighter, more mobile forces. So, it is imperative that we improve 
our logistics capability and reduce the ``logistics tail.'' As the DSB 
report notes, ``efficiency is a strong component of agility.''
  So I again want to thank the chairman, the gentleman from Arizona 
(Mr. Stump), for allowing me to incorporate these into the manager's 
amendment; and I urge the adoption of the manager's amendment.
  Mr. SKELTON. Madam Chairman, I might say that we have seen these 
amendments on our side, and we fully agree and approve of them.
  Madam Chairman, I reserve the balance of my time.
  Mr. STUMP. Madam Chairman, I move to strike the last word, and I 
yield to the gentleman from Pennsylvania (Mr. Weldon).
  Mr. WELDON of Pennsylvania. Madam Chairman, I want to thank our 
distinguished chairman and ranking member for their support of three 
amendments in this en bloc amendment that I introduced. The first one I 
think is perhaps the most important that I want to talk about.
  Two years ago I made a recommendation to our leadership that we 
establish a task force that would integrate our domestic response 
network, our fire and EMS community, with our military. That task force 
recommendation was accepted and the panel that was established became 
known as the Advisory Panel to Assess Domestic Response Capabilities 
for Terrorism Involving Weapons of Mass Destruction, more commonly 
known as the Gilmore Commission, because the Gilmore Commission has 
been chaired by Governor Gilmore of Virginia.

                              {time}  1500

  This commission for the past 2 years has been looking at ways that we 
can further integrate our military and the response of our first 
responders, our fire and EMS personnel.
  Madam Chairman, this commission has done tremendous work in giving us 
recommendations to assist our domestic defenders who just this past 
week were the first responders at the World Trade Center.
  In fact, Madam Chairman, I went to New York on Friday. I went up on 
Friday for a very specific reason. The Gilmore Commission, the task 
force we are extending for 2 years, had members from all aspects of our 
urban response network: the military, domestic fire service.
  The representative of the New York City Fire Department in charge of 
Special Operations Command was Ray Downey. Ray Downey is a friend of 
mine who escorted me at the first World Trade Center bombing in 1993. 
Thirty minutes after the buildings collapsed in New York this past 
week, as the New York City firefighters were providing their first 
response, Ray Downey was killed. Ray Downey was the chief of the 
special operations function for the New York City department. He was a 
member of the commission that we are going to extend for 2 more years 
in this amendment. He was the point person to help us understand how 
our military and our urban response community and civilian response 
community could interact.
  He was making specific recommendations, Madam Chairman, that have 
helped us better integrate our two networks. In fact, one of the 
results of their recommendations was that initiative last year that is, 
in fact, the subject of a second amendment that we have accepted. That 
amendment deals with the recommendation by this Congress that we accept 
the firefighter assistance program that we first put into place last 
year.
  Last year it was $100 million. We had $300 billion of requests across 
the country. What we are asking for is an extension of that program, 
and the amendment here says that Congress should renew the 
authorization for that program.
  That program, again, was a bipartisan effort. The gentleman from 
Maryland (Mr. Hoyer) and the gentleman from New Jersey (Mr. Pascrell), 
Congressmen on our side, including the chairman of our Committee on 
Armed Services and our ranking member, the gentleman from Missouri (Mr. 
Skelton), were the reason why that recommendation became law.
  This year we are in the process of giving out $100 million of direct 
grants through FEMA that are going to local fire and emergency services 
groups across the country, including the New York City Fire Department.
  So the recommendation in the second amendment is to continue that 
program and to name it after the honorable Floyd Spence, without whose 
acceptance, as our committee chairman, it would not have become law. 
That does not diminish the work by other colleagues, the gentleman from 
Missouri (Mr. Skelton), the gentleman from Maryland (Mr. Hoyer), the 
gentleman from New Jersey (Mr. Pascrell), the gentleman from Arizona 
(Mr. Stump), and a whole host of other Members from the Congress.
  But we are naming it after Floyd Spence because he was the one, as 
chair of the committee, that allowed this program to move forward.
  Madam Chairman, these two amendments are critically important because 
they both deal with events of the past week. They also show that this 
committee was far in front of the Congress and the American people in 
preparing for the kind of incident that we saw occur on Tuesday.
  That kind of foresight is what this Committee on Armed Services has 
been

[[Page 17446]]

doing since I have been here in Congress for 15 years. It continues 
with the leadership of our chairman and our ranking member. I thank 
them both for including the amendments that I offer. I thank them for 
their commitment not just to our military, but our domestic defenders.
  Mr. SKELTON. Madam Chairman, I yield to the gentleman from Texas (Mr. 
Frost).
  Mr. FROST. Madam Chairman, I rise in support of the defense 
authorization bill.
  Madam Chairman, I am pleased that the House of Representatives is 
getting back to regular business so quickly--and I'm particularly glad 
that we're starting with this bill.
  After the horror of September 11th, everyone in this Congress and 
around the country understands the importance of maintaining the finest 
military in the world.
  I have no doubt that the men and women of America's armed forces will 
rise to the challenges posed by today's dangerous new world. And I have 
no doubt that this Congress will ensure America's military has the 
resources it needs to win the war on terrorism.
  Indeed, this bill is a good example of the bipartisan support 
America's armed forces enjoy. It passed the Armed Services Committee on 
a bipartisan vote of 58 to 1. Democrats and Republicans are strongly 
committed to a first-rate military that will protect this nation and 
its people, and that will maintain our position as the chief protector 
of democracy and the rule of law throughout the world.
  I am particularly pleased that this bill will improve quality of life 
for men and women in uniform and their families. It increases basic 
military pay, and provides important resources for military family 
housing and for military retirees' health care.
  Additionally, this bill continues our commitment to the wide range of 
weapons programs that ensure our military superiority throughout the 
world--which will be particularly important as we prepare for a new and 
dangerous world.
  Madam Chairman, the first duty of the Congress and the President is 
to provide for the national defense, and the men and women who protect 
it. I am proud that this bipartisan bill takes major steps toward 
accomplishing that goal, and I support it strongly.
  Still, I, like many others, believe we need to do more--more 
especially to provide for ``Homeland Defense'' and to fight terrorism. 
Our top priority should be ensuring that Americans are never again 
victimized by another barbaric attack like September 11th. So I look 
forward to working with Republicans and Democrats over the next few 
days to ensure that our armed forces have the resources to win this war 
on terror.
  Mr. MANZULLO. Madam Chairman, I want to convey my thanks to the 
Chairman and the Ranking Minority Member of the House Armed Services 
Committee for including my amendment to the managers' amendment to HR 
2586. My provision doubles the Defense Logistics Agency (DLA) grant 
match to states which run state-wide Procurement Technical Assistance 
Centers (PTACs) program so that they would be able to receive up to 
$600,000 in funding.
  Small business participation in government procurement is dropping, 
particularly for Defense Department contracts. For new contracts worth 
over $25,000, the number of small businesses winning these 
opportunities dropped from a high of 70,088 in 1995 to 41,075 in 1999. 
Even for sales opportunities to the federal government of $2,500 or 
less, which used to be reserved for small business, the number of small 
purchase actions from small businesses decreased from nearly 10 million 
in 1995 to 3.8 million in 2000. One solution to this problem is to 
enhance the role of Procurement Technical Assistance Centers (PTACs).
  During the 1980's, Congress created local PTACs around the country to 
increase small business participation in defense procurement. Modeled 
after Small Business Development Centers (SDBCs) run by the Small 
Business Administration (SBA), these centers offer free advice and help 
to small businesses both in educating them about how to get involved in 
government procurement and also how to obtain contracts. Most of the 
PTACs are co-located in a local higher education institution.
  About half of the funding for most of the PTACs comes from Defense 
Logistics Agency (DLA). The remainder comes from the state government 
and/or the local host such as the community college. States currently 
have a choice: they can either ask for up to $300,000 to run a state-
wide program or regional centers can ask for up to $150,000 to run a 
program locally. Some states have decided to run a statewide program in 
order to have continuity of service throughout the state. However, some 
states have allowed regional or city PTACs to operate.
  Currently, 15 states have regional or city PTACs that receive an 
excess of $300,000. For example, Pennsylvania received nearly $1.2 
million in DLA funding to run eight regional PTACs. Similarly, Michigan 
received just over $1 million to run eight regional PTACs. The current 
funding formula penalizes states like my home state of Illinois who 
have opted for a seamless delivery of procurement assistance services 
throughout the state but also serve a large population.
  My amendment, which was also introduced as a clean bill (H.R. 2689) 
supported by all the Illinois Members of the House Armed Services 
Committee, increases the DLA grant match to states that run a state-
wide PTAC program so that they would be able to receive up to $600,000 
in funding, double the current level of $300,000. This would 
potentially benefit 30 states and one territory that either have a 
statewide PTAC program or only one city participates in the PTAC 
program. These include, in alphabetical order: Alaska, Alabama, 
Arkansas, Connecticut, Delaware, Florida, Georgia, Iowa, Idaho, 
Illinois, Kentucky, Massachusetts, Maryland, Maine, Minnesota, 
Mississippi, Montana, North Carolina, Nebraska, New Hampshire, New 
Mexico, Nevada, Oregon, Puerto Rico, Rhode Island, South Carolina, 
Tennessee, Utah, Vermont, Washington, and Wyoming.
  There are also the five states and four other territories that do not 
have any PTAC program which could potentially benefit from this 
amendment. These include, in alphabetical order: America Samoa, 
Colorado, the District of Columbia, Guam, Hawaii, Kansas, North Dakota, 
South Dakota, and the Virgin Islands.
  It is important to remember that each state with a state-wide run 
PTAC program would not automatically receive a $600,000 grant from the 
DLA because each proposal would have to stand on its own merits. 
Currently, 10 states and one territory do not even receive the full 
$300,000 in grant funds from the DLA authorized to run a statewide PTAC 
program. Thus, this proposal does not necessarily mean that the cost of 
the program would immediately balloon. Only those states that submit a 
sound proposal who serve a large population would qualify for the 
maximum of $600,000, as contained in my amendment.
  Finally, the Manzullo amendment does not mean that the 15 states with 
regional or city PTACs would receive less funding. This amendment is 
silent on the match received from DLA to regional or city PTACs.
  With the criticism of recent Pentagon procurements that disadvantage 
small businesses, my amendment is one positive way to remedy the 
problem. I respectfully urge my colleagues to support the managers' 
amendment.
  Mr. HALL of Ohio. Madam Chairman, I rise in support of the Hall 
Amendment, the ``Air Force Science and Technology for the 21st Century 
Act,'' which is included in the en bloc amendment. The amendment 
addresses deficiencies in the Air Force's planning and budget process 
for the Science and Technology (S&T) program to better link the future 
needs of the warfighter with S&T investment decisions and to increase 
support for the S&T program at senior levels of Air Force leadership. 
The amendment expresses the sense of Congress that the Air Force 
solidify and institutionalize the steps that it has already taken to 
address the planning and budgeting deficiencies. It also requires the 
Air Force to reinstate ``development planning'' as part of the planning 
and budgeting process to help the Air Force Research Laboratory better 
define the technologies most likely required by tomorrow's defense 
needs. Furthermore, the amendment requires a study by National Academy 
of Sciences' National Research Council (NRC) to assess the effect of 
recent organizational changes in the operation of the Air Force S&T 
program to the future capabilities of the Air Force.
  After a decade of decline, in the last few years, the Department of 
Defense (DoD) has made modest increases in S&T funding. However, the 
increases have not been made uniformly across all of the services. 
Among the military services, the Air Force's spending on S&T has seen 
the most dramatic decline. Once, the rate of Air Forces A&T spending 
was almost equal to the Army and Navy combined. Now it is the lowest of 
the three services. Air Force spending on S&T has dropped by almost 50 
percent from 1989 to 2001 measured in constant dollars. This decline in 
spending has been widely critized as a threat to the future ability of 
the Air Force to field weapon systems employing cutting edge 
technologies. Especially critical in light of recent events, the Air 
Force may not have the technolgy available to respond to future 
emerging threats including threats of terrorism to homeland security.

[[Page 17447]]

  In recent years, Congress has made efforts to reverse the decline in 
Air Force S&T development by appropriating funds greater than rquested 
in the President's budget request. Congress has also enacted 
legislation mandating improvements in the S&T program management and 
requesting expert opinions on what changes should be made. After 
pressure from Congress, the academic community, the aerospace industry, 
and Air Force advocates, the Air Force made fundamental changes in how 
it makes budgetary and non budgetary policy decisions for its science 
and technology development programs and the management of those 
programs. However, despite these worthwhile efforts, additional 
measures are needed to ensure sufficient levels of advocacy for science 
and technology development within the Air Force and that the best 
decisions are made for science and technology investment.
  One factor contributing to the decline in Air Force science and 
technology is the lack of a proactive development planning process that 
analyzes the long-term needs of the warfighter to guide the direction 
of scientific research. Without a strong link between the technology 
needs of the warfighter and the work of the Air Force Research 
Laboratory, the science and technology program risks insufficient 
support within the Air Force and a misdirected focus. Until the mid 
1990s, Congress funded an office of development planning sometimes 
called the ``crystal ball office,'' which bridged the gap between 
laboratory and warfighter. The process has since been discontinued. 
Restoration of this planning function was a key recommendation of the 
recent study of the Air Force Science Advisory Board and it was 
supported in testimony this year before the House Armed Services 
Subcommittee on Military Research and Development. My amendment 
requires the Air Force to reinstate a revised development planning 
process and report back to Congress on the new program format.
  Another contributing factor is the lack of a sufficiently high level 
Air Force leader with duties focused solely on science, technology, and 
engineering. This was pointed out in recent reports by the Air Force 
Association and National Academy of Sciences' National Research 
Council. Currently, the top policy slot is the Deputy Assistant 
Secretary for Science, Technology and Engineering with the grade of 
SES-5, the civilian equivalent of a major general. This amendment 
expresses the sense of Congress that the position should be elevated to 
a higher level within the organization.
  In the last year, the Air Force has instituted several new 
initiatives to improve science research. These include biannual S&T 
Summits to increase the visibility, understanding and appreciation of 
the value of the S&T program to senior Air Force leaders; establishing 
Applied Technology Councils to provide input from levels beneath senior 
management into the coordination, focus and content of the S&T program; 
and the designation of the Commander of Air Force Material Command as 
the general officer advocate for the S&T budget. Also, section 252 of 
P.L. 106-398, The National Defense Authorization Act for Fiscal Year 
2001, enacted in 2000, called for a comprehensive review of the long-
term challenges and short-term objectives of the Air Force S&T program. 
My amendment requires the National Academy of Sciences' National 
Research Council (NRC) to study the effectiveness of these changes and 
make recommendations for further improvements in the management of the 
S&T program. The amendment authorizes $950,000 for the study from the 
funds currently authorized under section 201(3) of the National Defense 
Authorization Act for Fiscal Year 2002.
  My amendment also expresses the sense of Congress that the Air Force 
should continue and improve on the recent actions taken by the Air 
Force to solidify and institutionalize the S&T management and budget 
decisions process; formally adopt the policy directives to implement 
those actions; conduct at least once every five years a review of long-
term challenges and short-term objectives of the Air Force science and 
technology program; and ensure the integration of science and 
technology development for space and nonspace warfighting systems.
  In light of recent events, it is important to note that military 
experts believe that maintaining the United States' technological 
superiority is key to fighting terrorism. However, numerous studies 
have suggested that the investment science is inadequate to meet the 
needs of fighting the future emerging threats including threats to 
homeland security. My amendment is aimed at helping the Air Force 
develop the necessary technology to respond flexibly and quickly to a 
wide range of future threats, including terrorism.
  My amendment requires no sweeping changes in the management of the 
Air Force S&T program. Rather, it is intended to nudge the Air Force 
back toward increased support for scientific research as an integral 
part of its mission and to restore its traditional role as the 
technology service that most depends on scientific advances to maintain 
military superiority.
  I strongly urge the adoption of the amendment.
  Mr. SKELTON. Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendments en bloc offered by 
the gentleman from Arizona (Mr. Stump).
  The amendments en bloc were agreed to.


                Amendments En Bloc Offered by Mr. Stump

  Mr. STUMP. Madam Chairman, I offer amendments en bloc made in order 
by the House yesterday.
  The CHAIRMAN. The Clerk will designate the amendments en bloc:
  The text of the amendments en bloc is as follows:

       Amendments en bloc offered by Mr. Stump consisting of the 
     amendments originally proposed by the following Members and 
     made in order by the order of the House of September 19, 
     2001: Mr. Ose, Mr. Bereuter, Mr. Underwood, Mr. Gilchrest, 
     Mr. Strickland, Ms. Velazquez, No. 46 offered by Mr. Stearns, 
     Mrs. Tauscher, No. 70 offered by Mr. Weldon of Pennsylvania, 
     No. 78 offered by Mr. Weldon of Pennsylvania, and Mrs. Kelly:
       Amendment offered by Mr. Ose:
       In section 341, relating to assistance to local educational 
     agencies that benefit dependents of members of the Armed 
     Forces and Department of Defense civilian employees (page 64, 
     beginning line 20), strike subsections (a) and (b) and insert 
     the following new subsections:
       (a) Continuation of Department of Defense Program for 
     Fiscal Year 2002.--Of the amount authorized to be 
     appropriated pursuant to section 301(5) for operation and 
     maintenance for Defense-wide activities--
       (1) $30,000,000 shall be available only for the purpose of 
     providing educational agencies assistance to local 
     educational agencies; and
       (2) $1,000,000 shall be available only for the purpose of 
     making payments to local educational agencies to assist such 
     agencies in adjusting to reductions in the number of military 
     dependent students as a result of the closure or realignment 
     of military installations, as provided in section 386(d) of 
     the National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 20 U.S.C. 7703 note).
       (b) Notification.--Not later than June 30, 2002, the 
     Secretary of Defense shall notify each local educational 
     agency that is eligible for assistance or a payment under 
     subsection (a) for fiscal year 2002 of--
       (1) that agency's eligibility for the assistance or 
     payment; and
       (2) the amount of the assistance or payment for which that 
     agency is eligible.
                                  ____

  Amendment Offered by Mr. Bereuter:
       At the end of subtitle B of title V (page 115, after line 
     18), insert the following new section:

     SEC. 520. PREPARATION FOR, PARTICIPATION IN, AND CONDUCT OF 
                   ATHLETIC COMPETITIONS BY THE NATIONAL GUARD AND 
                   MEMBERS OF THE NATIONAL GUARD.

       (a) Athletic and Small Arms Competitions.--Section 504 of 
     title 32, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(c) Conduct of and Participation in Certain 
     Competitions.--(1) Under regulations prescribed by the 
     Secretary of Defense, members and units of the National Guard 
     may conduct and compete in a qualifying athletic competition 
     or a small arms competition so long as--
       ``(A) the conduct of, or participation in, the competition 
     does not adversely affect the quality of training or 
     otherwise interfere with the ability of a member or unit of 
     the National Guard to perform the military functions of the 
     member or unit;
       ``(B) National Guard personnel will enhance their military 
     skills as a result of conducting or participating in the 
     competition; and
       ``(C) the conduct of or participation in the competition 
     will not result in a significant increase in National Guard 
     costs.
       ``(2) Facilities and equipment of the National Guard, 
     including military property and vehicles described in section 
     508(c) of this title, may be used in connection with the 
     conduct of or participation in a qualifying athletic 
     competition or a small arms competition under paragraph 
     (1).''.
       (b) Other Matters.--Such section is further amended by 
     adding after subsection (c), as added by subsection (a) of 
     this section, the following new subsections:
       ``(d) Availability of Funds.--(1) Subject to paragraph (2) 
     and such limitations as may be enacted in appropriations Acts 
     and such regulations as the Secretary of Defense may 
     prescribe, amounts appropriated for the National Guard may be 
     used to cover--
       ``(A) the costs of conducting or participating in a 
     qualifying athletic competition or a small arms competition 
     under subsection (c); and

[[Page 17448]]

       ``(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 10, United 
     States Code, is amended to read as follows:

``504. National Guard schools; small arms competitions; athletic 
              competitions.''.
                                  ____

       Amendment offered by Mr. Underwood:
       At the end of section 552 (page 166, after line 5), insert 
     the following new subsection:

       (f) State Defined.--In this section, the term ``State'' 
     includes the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, the Virgin Islands, and American Samoa.
                                  ____

       Amendment offered by Mr. Gilchrest:
       At the end of title V (page 187, after line 12), insert the 
     following new section:

     SEC. __. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-
                   ACCESSION TRAINING AND EDUCATION PROGRAMS.

       (a) Study.--The Secretary of Defense shall conduct a review 
     of the health and disability benefit programs available to 
     recruits and officer candidates engaged in training, 
     education, or other types of programs while not yet on active 
     duty and to cadets and midshipmen attending the service 
     academies. The review shall be conducted with the 
     participation of the Secretaries of the military departments.
       (b) Report.--Not later than March 1, 2002, the Secretary 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the findings of the review. The 
     report shall include the following with respect to persons 
     described in subsection (a):
       (1) A statement of the process and detailed procedures 
     followed by each of the Armed Forces under the jurisdiction 
     of the Secretary of a military department to provide health 
     care and disability benefits to all such persons injured in 
     training, education, or other types of programs conducted by 
     the Secretary of a military department.
       (2) Information on the number of total cases of such 
     persons requiring health care and disability benefits and the 
     total number of cases and average value of health care and 
     disability benefits provided under the authority for each 
     source of benefits available to those persons.
       (3) A discussion of the issues regarding health and 
     disability benefits for such persons that are encountered by 
     the Secretary during the review, to include discussions with 
     individuals who have received those benefits.
       (4) A discussion of the necessity for legislative changes 
     and specific legislative proposals needed to improve the 
     benefits provided those persons.
                                  ____

       Amendment offered by Mr. Strickland:
       At the end of title V (page 187, after line 12), insert the 
     following new section:

     SEC. __. REQUIREMENT TO PROVIDE APPROPRIATE ARTICLES OF 
                   CLOTHING AS A CIVILIAN UNIFORM FOR CIVILIANS 
                   PARTICIPATING IN FUNERAL HONOR DETAILS FOR 
                   VETERANS UPON SHOWING OF FINANCIAL NEED.

       Section 1491(d) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``To provide'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively; and
       (3) by adding at the end the following:
       ``(2)(A) Upon a showing of financial need and subject to 
     subparagraph (B), the Secretary of a military department 
     shall provide articles of clothing described in subparagraph 
     (C) to an organization referred to in subsection (b)(2) or to 
     members of such an organization who participate in funeral 
     honors details. Any such showing of financial need shall be 
     made in such manner as the Secretary may require.
       ``(B) The Secretary concerned may provide articles of 
     clothing to an organization (or members of an organization) 
     under this paragraph only if the Secretary determines that 
     participation of that organization or its members in the 
     funeral honors mission is advantageous to the performance of 
     that mission and meets the performance standards set by the 
     Secretary for that mission.
       ``(C) Articles of clothing covered by subparagraph (A) are 
     articles of clothing determined by the Secretary concerned to 
     be appropriate as a civilian uniform for persons 
     participating in a funeral honors detail who are not 
     authorized to wear the uniform of any of the armed forces.''.
                                  ____

       Amendment offered by Ms. Velazquez:
       At the end of subtitle A of title VIII (page 248, after 
     line 9), insert the following new section:

     SEC. 8__. STUDY OF CONTRACT CONSOLIDATIONS.

       The Secretary of Defense, in consultation with the 
     Comptroller General of the United States, shall develop a 
     database to track contract consolidations which consolidate 2 
     or more contracts previously awarded by the Department of 
     Defense to small business concerns. The database shall 
     contain, at a minimum, the names and addresses of the 
     businesses to which the contracts that were consolidated were 
     previously awarded, the rationale for consolidating the 
     contracts, and the monetary benefit projected to be realized 
     by the contract consolidation. Not later than December 1st of 
     each year, the Secretary of Defense shall submit a report 
     regarding the information contained in such database to the 
     Committees on Armed Services of the House of Representatives 
     and the Senate, the Committee on Small Business of the House 
     of Representatives, and the Committee on Small Business and 
     Entrepreneurship of the Senate.
                                  ____

       Amendment No. 46 offered by Mr. Stearns:
       At the end of subtitle E of title X (page 307, after line 
     20), insert the following new section:

     SEC. __. SENSE OF CONGRESS ON IMPLEMENTATION OF FUEL 
                   EFFICIENCY REFORMS IN DEPARTMENT OF DEFENSE.

       (a) Findings.--Congress finds the following:
       (1) The Federal Government is the largest single energy 
     user in the United States, and the Department of Defense is 
     the largest energy user among all Federal agencies.
       (2) The Department of Defense consumed 595,000,000,000,000 
     BTUs of petroleum in fiscal year 1999, while all other 
     Federal agencies combined consumed 56,000,000,000,000 BTUs of 
     petroleum.
       (3) The total cost of petroleum to the Department of 
     Defense amounted to $3,600,000,000 in fiscal year 2000.
       (4) Increased fuel efficiency would reduce the cost of 
     delivering fuel to military units during operations and 
     training and allow a corresponding percentage of defense 
     dollars to be reallocated to logistic shortages and other 
     readiness needs.
       (5) Increased fuel efficiency would decrease the time 
     needed to assemble military units, would increase unit 
     flexibility, and would allow units to remain in the field for 
     a longer period of time.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should work to implement fuel 
     efficiency reforms, as recommended by the Defense Science 
     Board report, which allow for investment decisions based on 
     the true cost of delivered fuel, strengthen the linkage 
     between warfighting capability and fuel logistics 
     requirements, provide high-level leadership encouraging fuel 
     efficiency, target fuel efficiency improvements through 
     science and technology investment, and include fuel 
     efficiency in requirements and acquisition processes.
                                  ____

       Amendment offered by Mrs. Tauscher:
       At the end of title X (page 307, after line 20), insert the 
     following new section:

     SEC. 10__. PLAN FOR SECURING RUSSIA'S NUCLEAR WEAPONS, 
                   MATERIAL, AND EXPERTISE.

       (a) Plan for Nonproliferation Programs With Russia.--Not 
     later than June 15, 2002, the President shall submit to 
     Congress a plan--
       (1) for cooperation with Russia on disposition as soon as 
     practicable of nuclear weapons and weapons-usable nuclear 
     material in Russia that Russia does not retain in its nuclear 
     arsenal; and
       (2) to prevent the outflow from Russia of scientific 
     expertise that could be used for developing nuclear weapons 
     or other weapons of mass destruction, including delivery 
     systems.
       (b) Content of Plan.--The plan required by subsection (a) 
     shall include the following:
       (1) Specific goals and measurable objectives for the 
     programs that are designed to carry out the objectives 
     specified in paragraphs (1) and (2) of subsection (a).
       (2) Criteria for success for those programs and a strategy 
     for eventual termination of United States contributions to 
     those programs and assumption of the ongoing support of those 
     programs by Russia.

[[Page 17449]]

       (3) A description of any administrative and organizational 
     changes necessary to improve the coordination and 
     effectiveness of the programs to be implemented under the 
     plan.
       (4) An estimate of the cost of carrying out those programs.
       (c) Consultation With Russia.--In developing the plan 
     required by subsection (a), the President shall consult with 
     Russia regarding the practicality of various options.
       (d) Consultation With Congress.--In developing the plan 
     required by subsection (a), the President shall consult with 
     the majority and minority leadership of the appropriate 
     committees of Congress.
                                  ____

       Amendment No. 70 offered by Mr. Weldon of Pennsylvania:
       At the end of title X (page 307, after line 20), insert the 
     following new section:

     SEC. 1048. TWO-YEAR EXTENSION OF ADVISORY PANEL TO ASSESS 
                   DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM 
                   INVOLVING WEAPONS OF MASS DESTRUCTION.

       Section 1405 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (50 U.S.C. 2301 note) 
     is amended--
       (1) in subsection (h)(2), by striking ``2001'' and 
     inserting ``2003''; and
       (2) in subsection (l), by striking ``three years'' and 
     inserting ``five years''.
                                  ____

       Amendment No. 78 offered by Mr. Weldon of Pennsylvania:
       At the end of title X (page 307, after line 20), insert the 
     following new section:

     SEC. 1048. ACTION TO PROMOTE NATIONAL DEFENSE FEATURES 
                   PROGRAM.

       (a) Findings.--The Congress finds the following:
       (1) The National Defense Features program, which is funded 
     from the National Defense Sealift Fund established by section 
     2218 of title 10, United States Code, is a constituent 
     element of the defense policy of the United States intended 
     to provide essential sealift capacity in emergencies, 
     strengthen the national shipbuilding base, and maintain a 
     resource of highly trained merchant seamen.
       (2) Implementation of the National Defense Features program 
     would provide significant benefits both for the United States 
     and for allied nations during military contingencies.
       (3) For the United States and nations allied with the 
     United States to realize these benefits, it is essential that 
     vessels built under that program enjoy commercial 
     opportunities in peacetime on trade routes between the United 
     States and allied nations and that those vessels not be 
     excluded from such opportunities through restrictive trade 
     practices.
       (4) The failure of vessels built, or to be built, under the 
     National Defense Features program to obtain employment as 
     common carriers or contract carriers in the particular sector 
     of any trade route in the foreign commerce of the United 
     States for which they are designed to operate, together with 
     long-term domination of that sector of the trade route by 
     citizens of an allied nation, evidences the existence of 
     restrictive trade practices.
       (b) Action To Promote Program.--In any case in which the 
     Secretary of Defense finds the existence of the conditions 
     determined by subsection (a)(4) to prove the existence of 
     restrictive trade practices, the Secretary shall certify the 
     csae to the Federal Maritime Commission, which thereupon, in 
     consultation with the Secretary, shall take action to 
     counteract such practices, utilizing all remedies available 
     under section 10002(e)(1) of the Foreign Shipping Practices 
     Act of 1988 (46 U.S.C. App. 1710a).
                                  ____

       Amendment offered by Mrs. Kelly:
       At the end of title XXVIII (page 427, after line 7), insert 
     the following new section:

     SEC. 2866. REPORT ON OPTIONS TO PROMOTE ECONOMIC DEVELOPMENT 
                   IN COMMUNITY ADJACENT TO UNITED STATES MILITARY 
                   ACADEMY, NEW YORK.

       (a) Report Required.--Not later than February 1, 2002, the 
     Secretary of the Army shall submit to Congress a report 
     evaluating various options by which the Secretary may promote 
     economic development in the Village of Highland Falls, New 
     York, which is located adjacent to the United States Military 
     Academy.
       (b) Specific Consideration of Certain Options.--Among the 
     options evaluated under subsection (a), the Secretary shall 
     specifically address the following:
       (1) The fee simple conveyance of real property under the 
     jurisdiction of the Secretary in the Town of Highlands, New 
     York, to the Village, without consideration, for the purpose 
     of permitting the Village to use the property to promote 
     economic development.
       (2) Use by the Secretary of the authority under section 
     2667 of title 10, United States Code, to make non-excess real 
     property under the jurisdiction of the Secretary available to 
     the Village for such purpose.

  The CHAIRMAN. Pursuant to the order of the House of Wednesday, 
September 19, 2001, the gentleman from Arizona (Mr. Stump) and the 
gentleman from Missouri (Mr. Skelton) each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Stump).
  Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from 
Maryland (Mr. Gilchrest).
  Mr. GILCHREST. Madam Chairman, I thank the gentleman from Arizona for 
yielding time to me.
  I would just like to make three quick comments.
  One, I think it is vital for the defense authorization bill to go 
through this House today, and I would hope that we could pass it with 
the unanimous votes of the Members on both sides of the aisle.
  We also come here today to express our condolences to those families 
and victims of this cruel tragedy; praise, with as much compassion and 
encouragement to those people who have responded, and in particular the 
firefighters, the medical teams, the police officers, our military 
services, and all those volunteers that have contributed to that 
effort, as well as the nongovernmental organizations like people of 
religious faiths, and also certainly the Red Cross.
  In essence, the long-term victory will come in this battle when we as 
Members of Congress and the Nation come together to focus our attention 
and our hearts to those tragedies that have been brought to America, 
and with our allies in the international community, to know that we 
need to make this worldwide effort to replace arrogance with humility, 
to replace ignorance with knowledge, and to replace dogma with 
tolerance. This is what is needed. I think, in fact, this is probably 
what will happen.
  On a smaller scale, in the defense authorization bill, I am glad that 
the chairman of the committee has basically included this en bloc 
amendment in H.R. 2586, in the Defense Authorization Act, to ask the 
Secretary of Defense to study the issue that has not been resolved yet, 
dealing with our citizens that attend our military academies, to 
determine whether or not they can be in the same category as men and 
women in the regular armed services as far as compensation is concerned 
for disabilities that they incurred while they were at the military 
academies.
  Mr. SKELTON. Mr. Chairman, I reserve the balance of my time.
  Mr. STUMP. Mr. Chairman, I yield the balance of my time to the 
gentleman from California (Mr. Hunter).
  The CHAIRMAN pro tempore (Mr. LaTourette). The gentleman from 
California (Mr. Hunter) is recognized for 3 minutes.
  Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding time to 
me, and once again I thank the gentleman from Arizona (Mr. Stump) and 
the gentleman from Missouri (Mr. Skelton) for their leadership in 
bringing Democrats and Republicans together on this bill at this time 
of national emergency.
  Mr. Chairman, I thought I would just let my colleagues know, or give 
them the broader context within which we are working with this defense 
bill.
  Ronald Reagan in 1985 had a very major defense bill. That was the 
height of the buildup, the rebuilding of America's Armed Forces. That 
bill in today's dollars was $452 billion. Today's bill is a little over 
$340 billion. That means that even with the increases that we have 
placed in this bill so far, we are still $100 billion under Ronald 
Reagan's defense bill of 1985, when we had a gross national product 
which was much smaller.
  So it is important for Americans, both in uniform and out of uniform, 
to understand that today we are asking our people to do more with less. 
We do not have the force structure that we had during Desert Storm. We 
had the fruits of the Reagan-Bush defense buildup used in Desert Storm. 
In those days, we had 18 Army divisions. We have cut those 18 Army 
divisions down to 10. We had about 546 Navy ships. We have cut that 
down to 316. We are going down further. We had 24 fighter air wings. We 
have cut that down to 13.
  Beyond that, we have piled up some shortages in munitions, equipment, 
spare parts, and other vital areas. So this effort is not the finish. 
This is the start of a rebuilding of national defense. I hope we work 
together in a bipartisan way to add some more things that we now need 
as we go through the

[[Page 17450]]

conference with the other body and finally get a bill on the 
President's desk.
  Mr. SKELTON. Mr. Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, I would just like to add that in recent 
comments that I made to the CSIS, I touched on the area of air power. 
It appears to me that through the years we have done a pretty good job 
in the area of fighter aircraft and air-to-ground aircraft, but we have 
not done what we should have done in the area of bomber support.
  If one looks at the geography, particularly of the Asian Pacific 
area, hopefully nothing will ever come to pass where we will need long-
range bomber efforts. However, I think this is an area that the 
gentleman and I have explored together over a period of years, that we 
must look to the future of the B-2 fleet, not only keeping it up to 
date, but even hopefully some day adding to that fleet.
  Mr. HUNTER. I think the gentleman is absolutely right, Mr. Chairman. 
Once again, we made more bombers in one day in San Diego in 1943 than 
the entire B-2 fleet, and expecting that small fleet of 21 aircraft to 
do the job they are going to have to do in future years I think is a 
strain. I thank the gentleman for his remarks. I would hope that we 
would continue to build that fleet.
  Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me for a moment tell the Members that this base at 
Whiteman Air Force base in my district, which has the 509th bomb wing, 
which is a very historic wing and has the B-2s, is in superb condition 
and ready, should they ever be called upon, now or in the future.
  I was with them yesterday and had the opportunity to visit with them. 
I am so very, very proud of the young men and young women who not only 
fly but who maintain that fleet.
  I have a question of the gentleman from California, Mr. Chairman. I 
would ask the gentleman, in his opinion, would he tell us the 
importance of continuing to expand the bomber fleet of the United 
States?
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. SKELTON. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, I would be happy to, and I notice my good 
friend, the gentleman from Washington (Mr. Dicks) has just arrived, who 
is also an expert on long-range strike and deep strike.
  Very simply, if we look at the experience of Desert Storm, I think 
that carries out not only the importance of having deep strike aircraft 
but also deep strike aircraft with stealth. We analyzed at the time the 
two B-2 bombers, for example, which do not have to have flight cover. 
Because they are able to avoid and evade radar, they do not have as 
much air-to-air refueling or suppression of SAM missile systems, and 
they can hit as many targets, two aircraft can hit as many targets as 
75 conventional aircraft.
  At a time when we have cut our air wings from 24 to 13, our tactical 
air wings, it is important to have that leverage capability. We saw 
this in Kosovo, where we hit multiple targets with a single B-2 
mission, hit multiple targets and destroyed a much larger percentage of 
the target availability than other conventional planes. So this is a 
leverage capability. It leverages the thing Americans are greatest at, 
which is technology.
  If we couple that with precision munitions, where, for example, into 
that bridge we send that one precision munition into a strut and knock 
that entire bridge out, because we are able to hit one precise spot, 
that is better than dropping 2,000 bombs on it with older conventional 
aircraft.
  So leverage, technology, and precision munitions leverage is what we 
get from deep strike fighter capability like the B-2. I would be happy 
to hear the comments of the gentleman from Washington.
  Mr. SKELTON. Mr. Chairman, I might point out that the aircraft, the 
B-2, in the Kosovo conflict, and of course they are still capable, the 
pilots flew out of Whiteman Air Force Base, had refuelings, bombed the 
targets with great precision, and returned with refuelings, came back 
home. In one case, the pilot went back and was greeted by his wife. She 
said, please cut the grass.
  In other words, they do superb work from one base, and they are 
worldwide. I thank the gentleman.
  Mr. DICKS. Mr. Chairman, will the gentleman yield?
  Mr. SKELTON. I yield to the gentleman from Washington.
  Mr. DICKS. Mr. Chairman, I would just say to the gentleman from 
California and my good friend, the gentleman from Missouri, who have 
been two of the stalwarts in the House of Representatives for advocacy 
for the B-2, we still have work to do. I know that the gentleman from 
California (Mr. Hunter) had included some of the upgrades that are 
necessary to improve upon this capability.
  But to think about this one revolutionary fact, in Kosovo the B-2 
carried 162,000 pounds bombs called JDAMs, near precision weapons, 
almost precision.

                              {time}  1515

  And the interesting thing is, like 3 percent of the sorties, they 
took out 33 percent of the fixed targets. Now, we see even another 
revolution of being able to put eighty 500-pound JDAMs on these 
airplanes and they would be able to hit 80 separate fixed targets on 
one sortie, and two of them would be 160, obviously.
  The other thing that is interesting, just in the last few days there 
has been a successful test; and I know the gentleman from California is 
aware of this, of being able, from one of these airplanes, to hit a 
moving target. One of our greatest problems has been the inability to 
hit moving targets. This target was moving at 30 miles an hour, it was 
an F-16, and they used this weapon and they were able to hit the moving 
target. Now, this will be a major breakthrough as we pursue this.
  I just appreciate all the work of these two gentlemen. We have all 
worked together. The B-2 is certainly the premier conventional weapon 
in our arsenal today.
  Mr. SKELTON. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I yield to the gentlewoman from California (Mrs. 
Tauscher).
  Mrs. TAUSCHER. Mr. Chairman, I thank the gentleman for yielding.
  Mr. Chairman, I would like to thank the leadership for allowing my 
amendment to be considered during the floor debate of the defense 
authorization bill. In January of this year, a bipartisan task force, 
chaired by former Senator Howard Baker and former White House Counsel 
Lloyd Cutler stated that the most urgent unmet national security threat 
to the United States is the danger that weapons of mass destruction in 
Russia can be stolen and sold to terrorists or hostile nations and used 
against American troops abroad or citizens at home.
  The report concluded that the national security benefits to the 
United States from securing or neutralizing the equivalent of more than 
80,000 existing potential nuclear weapons would constitute the highest 
return on investment of any current U.S. national security defense 
program.
  To address this critically important concern, I am offering a simple 
amendment requiring the President to submit a strategic plan to 
Congress on how to dispose of excess nuclear material that Russia does 
not retain in its arsenal and to prevent the outflow from Russia of 
nuclear weapons expertise. I am offering this amendment because I 
believe it is critical that we have an overall strategic road map of 
how we plan to deal with the growing threat of weapons of mass 
destruction.
  The tragic events of last week make our nonproliferation programs 
even more important. If we can assure that excess nuclear material in 
Russia does not flow into the wrong hands, we can reduce the chances 
that a nuclear weapon used by a hostile state or a terrorist group can 
be used against us. I was pleased to work with the chairman, the 
gentleman from Arizona (Mr.

[[Page 17451]]

Stump), and the ranking member, the gentleman from Missouri (Mr. 
Skelton), in crafting this amendment to ensure that its provisions 
would meet both the Democrats and Republicans concerns about national 
security.
  Mr. Chairman, I respectfully urge my colleagues to support this 
amendment.
  Mr. SKELTON. Mr. Chairman, reclaiming my time, I thank the 
gentlewoman from California.
  Mr. Chairman, we have examined the amendments en bloc, and we agree 
thereto on this side.
  Ms. VELAZQUEZ. Mr. Chairman, I rise in support of the en bloc 
amendment and to thank Chairman Stump and Ranking Democratic Member 
Skelton for agreeing to include my amendment to H.R. 2586, the National 
Defense Authorization Act for Fiscal Year 2002. My amendment requires 
that the Department of Defense work with the Comptroller General to 
develop a database to track the consolidation of contracts that 
displace two or more small businesses, and that the Department use this 
database to generate reports to Congress. This amendment will, for the 
first time, require that the Department collect empirical data so that 
Congress can determine the true effect of these consolidated contracts 
on small businesses and so that we can determine if any savings to the 
taxpayer are accruing as a result of this practice.
  Since World War II, when small businesses were called upon to assist 
with the war effort, small businesses have greatly contributed to our 
nation's diverse industrial base, and have been adept at providing 
goods and services for the changing needs of the government. Federal 
agencies have often found that corporate America was too large to react 
quickly and efficiently. The unique niche that small businesses filled, 
and continue to fill, has allowed for a competitive Federal contracting 
process. We all know that a competitive Federal marketplace leads to 
true cost savings and higher quality--a great return for the American 
taxpayer.
  Any discussion of the Federal marketplace, leads to a discussion of 
the Department of Defense's role, as the Department of Defense has 
historically accounted for 65 percent of Federal contracts. However, 
for the last several years, the Small Business Committee has noted that 
the Department's contract opportunities available to small businesses 
have decreased. It is this declining number of small business 
opportunities by the Department and other large agencies, that inspired 
Committee Democrats to start grading agency's small business efforts.
  For the past two years, myself and my Democratic colleagues on the 
Committee on Small Business, have released what we call the 
``Scorecard.'' The ``Scorecard'' is an evaluation of the small business 
achievements of 21 Federal agencies, compared to their statutory goals.
  The results of these two studies have been disturbing. Last year, the 
overall government grade was a ``C-.'' This year, although the overall 
grade was also a ``C-,'' the government is slipping further into the 
``D'' range.
  The Department of Defense stood out both last year and this year, as 
an exceptionally poor performer as it relates to doing business with 
our nation's small businesses. This year, the Department had the lowest 
grade of all agencies: a ``D-.''
  This is very important, in light of the fact that the Department of 
Defense historically accounts for 65 percent of Federal procurement. 
When the Department of Defense fails to make the grade, it is unlikely 
that the rest of the government will make the grade either.
  Small businesses are still not getting their fair share of the 
Department's contracts--from either a dollars or a numbers standpoint. 
Despite an increase in procurement volume from $119.7 billion in 1999 
to $126.2 billion in 2000, the Department did not achieve its small 
business goal, or its women-owned business goal. The Department of 
Defense had a 23 percent goal for small businesses and achieved only 
21.41 percent. This translates to over $2 billion in contracts that 
should have gone to small businesses, but didn't. Women-owned 
businesses fared even worse. The Department had a goal of 5 percent for 
women-owned businesses, but achieved 2 percent. This translates to 
nearly $4 billion in contracts that should have gone to women-owned 
businesses, but didn't.
  From 1997 to 2000, the numbers of contracts awarded to small 
businesses by the Department have decreased by over 41 percent. The 
numbers of contracts to minority-owned businesses have decreased by 
over 55 percent. The number of contracts awarded to women-owned 
businesses have decreased by over 43 percent. This declining trend in 
the number of contracts translates directly to the number of 
opportunities available to small businesses to sell their products and 
services directly to their government.
  Both the 1999 study and the 2000 study demonstrate that little 
progress is being made as far as agency's small business goal 
achievements. In fact, the 2000 study highlights that the plight of 
small businesses is getting worse--small businesses have fewer 
opportunities for participation in the Federal marketplace than they 
ever did.
  To begin to correct this problem, my amendment was included in the en 
bloc amendment. A similar amendment was accepted into the House version 
of last year's Defense Authorization but failed to be included in the 
final Conference Report signed by the President. The amendment requires 
that the Department of Defense work with the Comptroller General to 
develop a database for tracking and annual reporting to Congress of 
contract awards that result in the displacement of two or more small 
businesses as prime contractors.
  What remained in Public Law 106-398, the Floyed D. Spence National 
Defense Authorization Act for Fiscal Year 2001 regarding contract 
bundling, was a requirement in Section 834 that the Secretary of 
Defense conduct a comprehensive study of contract bundling. ``Contract 
bundling'' is the consolidation of two or more contracts performed by 
small businesses, into one contract that is too large for small 
business participation as prime contractors. In seven hearings since 
1993, the Committee on Small Business has heard a very compelling case 
by numerous small businesses that they are losing untold millions of 
dollars in business as a result of this practice. The Department of 
Defense contends that through contract bundling, they are able to save 
money, yet not one dollar has been shown to have been saved. Instead, 
the numbers of Defense contracts available to small businesses are 
declining every year, and the anecdotal information is overwhelming 
that small businesses are able to provide higher quality products at 
prices that result in savings to the taxpayer.
  Despite the statutory requirement contained in Section 834 of Public 
Law 106-398 that required the Department of Defense to conduct a 
comprehensive study on contract bundling, the Committee on Small 
Business received a letter dated April 17, 2001 from Deputy Secretary 
of Defense Paul Wolfowitz. The letter states, in part, ``the Department 
is unable to conduct the comprehensive study required by Section 834'' 
because the General Service Administration's Federal Procurement Data 
System--the repository of all Federal contracting information--only 
began collecting data on contract bundling in October of 2000. The 
letter goes on to reference a study performed by the Department under 
contract with the Logistics Management Institute (LMI).
  The requirement to perform the study was not an ``optional'' 
requirement for the Department to follow--it was part of the agency's 
authorizing statute. It was mandated by Congress that the study be 
performed. To have an agency essentially refuse to comply with its 
authorizing statute is, to me, unheard of. The Department knew the 
study was required by statute. If essential data was not being 
collected, the Department should have started collecting data in order 
to comply. The taxpayers deserve to know--and we have an obligation to 
tell them--whether the consolidation of contracts that eliminate small 
businesses save them money.
  As previously stated, the letter sent by Deputy Secretary Wolfowitz 
refers to a study on contract bundling performed by LMI. This study is 
the direct result of a hearing held by the Committee on Small Business 
in November of 1999. It was undertaken not by an independent auditor, 
but by the Logistics Management Institute (LMI)--a non-profit 
organization that is funded 50 percent by the Department of Defense. 
LMI performed a case review, rather than the study that the Department 
promised, of 10 contracts out of a pool of 718 contracts--barely 1 
percent--not a statistically valid sampling by anyone's definition. LMI 
concluded that ``savings (as a result of contract bundling) are based 
on intuition. This means that people THINK they are savings money, but 
it has not been proven with empirical data.'' Clearly, given the mind-
set of the Department of Defense's contracting officers, much more 
needs to be done.
  In order to get something done, in last year's Small Business 
Reauthorization, we were successful in getting former-Chairman Jim 
Talent's bundling data collection bill language into the 
Reauthorization. Unfortunately, that language has a flaw. By using the 
definition of ``contract bundling'' contained in the Small Business 
Act, it only narrowly looks at those bundled contracts determined as 
such by the Department, leaving the vast majority of consolidations out 
of the database's scope. This deprives us of critical information 
necessary to solve this problem.

[[Page 17452]]

  My amendment requires that the Department of Defense work with the 
Comptroller General to collect data on a much broader definition. As 
the General Accounting Office continues to report that no data can be 
collected, we believe that the Department should work with the 
Comptroller General to ensure that the data that is ultimately 
collected will provide useful information. This amendment will cover 
all contracts in which two or more small businesses are displaced as 
prime contractors. At a minimum, the database will include the names 
and addresses of the small businesses that are displaced, the rationale 
for consolidating the contracts, and the monetary benefits projected to 
be realized by the consolidation. This database will give Congress very 
important information on contract consolidations that we can use to not 
only protect small businesses, but also ensure the taxpayer that their 
money is being saved. Once we start getting reports from this database, 
we will learn what happens to those small businesses who are displaced. 
Do they go out of business? Do they become subcontractors? Are taxpayer 
dollars actually being saved with these contract consolidations that 
displace small businesses? There is an important distinction between 
streamlining Federal contracting processes for streamling's sake and 
streamlining for a reason. We know now that small businesses are being 
displaced--effectively streamlined right out of business. What we 
haven't seen is taxpayer savings.
  The impact of these contract consolidations on the small business 
community has been enormous, and has flowed-down to the economies of 
local communities. There is no doubt that the need to collect empirical 
data more than warrants any inconvenience this could place on the 
Department to collect this important and useful information.
  For Congress to determine the depth of the problem of contract 
bundling, we need all of the facts. It is imperative that empirical 
data is collected that will allow Congress to determine what, if any, 
statutory changes need to be made to ensure the Federal acquisition 
system is fair to small businesses, and ensures that taxpayers receive 
the very best value for their dollars. My amendment is the first step 
in making that determination, and it is a common-sense solution. As a 
direct result of the data collected by the requirements of my 
amendment, the Federal procurement system will be one that provides 
true savings to the taxpayer. Further, small businesses in communities 
across the country will have increased access to Federal prime 
contracts.
  Again, I thank Chairman Stump and Ranking Democratic Member Skelton 
for agreeing to include my amendment in the en bloc so Congress can 
finally get some comprehensive information on how contract 
consolidations have affected our Nation's small businesses.
  Mr. BEREUTER. Mr. Chairman, this Member rises in strong support of 
the bipartisan amendment which he is offering with the distinguished 
gentleman from Rhode Island, Mr. Langevin. The Bereuter-Langevin 
Amendment would authorize the use of appropriated funds for members and 
units of the National Guard to conduct and participate in athletic 
competitions and small arms competitions in conjunction with required 
training.
  Mr. Chairman, the National Guard provides the men and women serving 
their country with the opportunity to hone their service-related skills 
in competitive events as the National Guard Bureau Marathon in Lincoln, 
Nebraska; a biathlon in Vermont; the Leapfest in Rhode Island; and 
marksmanship competitions in North Little Rock, Arkansas. Indeed, the 
opportunity to participate in these competitions provides incentives 
for National Guard recruitment and retention programs. Additionally, 
the competitions bring National Guard members together with Active Duty 
military personnel which builds better appreciation among the various 
components and overall force cohesiveness.
  However, the playing field for the National Guard is not level with 
that for Active Duty military members. Currently, state National Guard 
units can use only non-appropriated funds to cover operating expenses 
for the events and for health, pay, and personal expenses for 
participating unit members. Because the non-appropriated funds are very 
limited, National Guard members must often pay out of their own pockets 
for expenses, including medical coverage. For Active Duty military 
participants, appropriated funds cover all expenses participants incur.
  By authorizing the use of appropriated funds in addition to the non-
appropriated funds, National Guard members participating in 
competitions could receive full coverage for health, pay, and personal 
expenses. This is particularly important for National Guard members who 
cannot afford medical expenses stemming from possible injuries. 
Additionally, the National Guard units would face fewer budget 
constraints when continuing to host these valuable competitions and 
when sending teams and individuals into competition.
  Finally, it is important to note that H.R. 1705 does not recommend 
appropriation levels nor does the legislation create participation 
incentives for National Guard members which are greater than those 
incentives for Active Duty military.
  Mr. Chairman, this Member urges his colleagues to vote for the 
Bereuter-Langevin amendment as an important way to show support for the 
men and women serving their country in our National Guard.
  Mr. WELDON of Pennsylvania. Mr. Chairman, Congress authorized the 
original National Defense Features (NDF) program in the mid-1990s in 
response to a report by the Department of Defense describing a shortage 
of sealift capacity during military contingencies. The NDF program was 
considered to be the most cost-effective way to augment the substantial 
investment that was being made in new sealift ships by the Navy.
  Since then, Congress has authorized and appropriated funds to install 
special defense features in new commercial vessels to be built in the 
shipyards of the United States. Last year, for example, at my request 
and as a result of the leadership of our colleague from New Jersey, Mr. 
Frelinghuysen, the House included in the National Defense Authorization 
Act for FY 2001 a provision that would expand the Secretary of 
Defense's ability to fund militarily useful projects under the NDF 
program. I am pleased to report that our amendment was included in the 
final legislation signed into law by the President.
  When the NDF program was launched, Congress expected that our allies, 
particularly Japan, would find mutual defense benefits in promoting the 
program. Under one project that has received considerable attention in 
the press and has the support of domestic maritime labor, ten 
commercial vessels would be built in the United States based on a 
design funded and approved by DARPA's Maritime Technology Program. 
These vessels would normally operate in the Japan-United States vehicle 
trade, which is at present entirely dominated by Japanese carriers. 
Quite importantly, the vessels would be crewed by American merchant 
seamen, a group vital to maintaining the readiness of our military to 
handle contingencies abroad.
  Nothwithstanding expressions of support by very senior officials in 
our government, this expectation has not been realized. As a result, 
the hopes of our commercial shipbuilders and merchant mariners have not 
been realized, and our military planners have not been able to rely 
upon NDF vessels to support their contingencies operations. Much to my 
disappointment, the Government of Japan apparently continues to take 
the position that the decision to employ NDF ships is strictly a matter 
for the commercial judgment of Japanese vehicle manufacturing and 
shipping companies. The vehicle manufacturers, which operate under 
closely inter-locking relationships with the Japanese vehicle carriers, 
continue to insist that the NDF program is a matter between the two 
respective governments since it addresses defense.
  In view of the U.S. role in providing security for our Far East 
allies, it hardly seems appropriate that defense concerns expressed by 
our government should not have been met with a more positive response. 
Our government's repeated representations to the Japanese government 
have fallen to the ground as if the NDF program was without military 
value, a position that is contradicted by two U.S. Navy reports on the 
NDF program. Taking note of the extensive military collaboration of our 
two governments, which it is safe to say has conferred material 
benefits on Japan, this is not the position that Congress should have 
expected.
  The position that this matter is purely commercial in nature rather 
than governmental in character is not defensible. Japan, like other 
nations, supports its merchant marine with financial assistance, 
including direct construction loans at artificially low rates of 
interest. This is not the mark of a purely private industry operating 
under purely commercial conditions.
  Based on all the evidence gathered to date, it would appear that the 
real reason our carriers are effectively being excluded from this 
market is the Japanese kereitsu system of doing business. In short, a 
fleet of U.S.-built and operated ships, commercially competitive and 
having significant defense value to both nations, has apparently no 
chance to break through the economic fence encircling the Japanese 
vehicle trade.
  As I explained to my colleagues last year, I continue to hope that 
the Government of Japan and the vehicle manufacturers will ultimately 
see the merit of supporting the NDF program, especially given the 
longstanding support of the Department of Defense. But if

[[Page 17453]]

the past is any guide, we may anticipate further intransigence. 
Therefore, I am joining today with my colleague from New Jersey, Mr. 
Frelinghuysen, in introducing a bill that we intend to push later this 
year if we do not see any movement on the part of the Government of 
Japan. The bill--which is identical to the bill we introduced late last 
year in the form of H.R. 5488--is very straightforward. It says: If the 
Federal Maritime Commission finds that vessels built under the NDF 
program are unable to obtain employment in a particular trade route in 
the foreign commerce of the United States for which they are designed 
to operate, and if that sector of the trade route has been dominated 
historically by citizens of an allied nation, then the Commission shall 
take action to counteract the restrictive trade practices that have led 
to this situation.
  As I pointed out last year, it should not be necessary to enact 
legislation to encourage support for a program so self-evidently in the 
mutual security interests of our two nations. I trust that the 
Government of Japan will support the new consultative mechanism so that 
the NDF program can begin the much needed recapitalization of our aging 
Ready Reserve Force.
  Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
  Mr. STUMP. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. LaTourette). All time for debate on the 
amendments has expired.
  The question is on the amendments en bloc offered by the gentleman 
from Arizona (Mr. Stump).
  The amendments en bloc were agreed to.
  The CHAIRMAN pro tempore. No further amendments are in order. Under 
the order of the House of yesterday, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Walsh) having assumed the chair, Mr. LaTourette, Chairman pro tempore 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
2586) to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, to prescribe military 
personnel strengths for fiscal year 2002, and for other purposes, had 
come to no resolution thereon.

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